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6. 3.

Board of Adjustment

Meeting Date:	01/20/2016
CASE: V-2016-01
APPLICANT:	Jesse W. Rigby, Agent for Helen Scarbrough
ADDRESS:	13922 River Rd.
PROPERTY REFERENCE NO.:	14-3S-32-1001-000-130
ZONING DISTRICT:	MDR-PK, Medium Density Residential District, Perdido Key
FUTURE LAND USE:	MU-PK, Mixed-Use Perdido Key

SUBMISSION DATA:

REQUESTED VARIANCE:

The Applicant is requesting a building height variance to allow ten habitable floors in MDR-PK zoning. The current height allowed on site is four floors.

RELEVANT AUTHORITY:

Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 3-3.4 (d) (3)

(3) Structure height. A maximum building height of four stories or two stories less
than any adjacent building greater than four stories that existed on June 1, 1997,
whichever is greater.

CRITERIA

Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section 2-6.3

CRITERION (1)

Special conditions and circumstances exist which are peculiar to the land, structure or building and which are not applicable to other lands, structures or buildings in the same zoning district.

FINDINGS-OF-FACT

The parcel of land in question is narrow and deep, running north from River Rd. to the Intercoastal waterway. While this layout does provide waterfront, the narrowness limits the development possibilities on site. The density allowed by zoning (4.5 units per acre) could not be utilized given the constraints of setbacks imposed by zoning. Allowing the requested height variance would provide relief from the hardships and allow this owner the ability to use the density provided by the zoning district.

CRITERION (2)

The special conditions and circumstances do not result from the actions of the applicant.

FINDINGS-OF-FACT

The layout of the land was created long before zoning restrictions or purchase by the current owner.

CRITERION (3)

Granting the variance requested will not confer on the applicant any special privilege that is denied by this land development code to other lands, buildings or structures in the same zoning district.

FINDINGS-OF-FACT

The granting of this height variance would allow the applicant to develop in a manner similar to adjacent properties.

CRITERION (4)

Strict application of the provisions of the land development code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the land development code and would create an unnecessary and undue hardship on the applicant..

FINDINGS-OF-FACT

The north/south orientation of the site along with its narrowness, present practical difficulties for development of the site. The requested variance would allow development of the site in spite of the hardship.

CRITERION (5)

The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure.

FINDINGS-OF-FACT

The requested variance is the minimum necessary to develop the property at its allowed density given the site limitations.

CRITERION (6)

The granting of the variance will be consistent with the general intent and purpose of the land development code and that such variance will not be injurious to the area or otherwise detrimental to the public welfare.

FINDING OF FACT:

The granting of the requested height variance will be consistent with the intent and purpose of the land development code and will not be injurious to the area or otherwise detrimental to the public welfare.

STAFF RECOMMENDATION:

Staff finds that the request does meet all of the required criteria and recommends approval of the height variance.

BOA DECISION

The Board accepted Staff Findings and approved the Variance as submitted.

Attachments
Working Case File #V-2016-01