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6. 4.

Board of Adjustment

Meeting Date:	01/20/2016
CASE: V-2016-02
APPLICANT:	Jesse W. Rigby, Agent for Linda H. Dunson Banta
ADDRESS:	13900 River Rd.
PROPERTY REFERENCE NO.:	14-3S-32-1001-000-129
ZONING DISTRICT:	MDR-PK, Medium Density Residential
FUTURE LAND USE:	MU-PK, Mixed-Use Perdido Key

SUBMISSION DATA:

REQUESTED VARIANCE:

The Applicant is requesting a building height variance to allow nine habitable floors with under structure parking 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

This parcel is approximately seven times deeper than its width. This orientation provides waterfront on the Intercoastal Waterway but severely limits potential for development at the density (4.5 units per acre) allowed by zoning. Building setbacks and minimum lot widths present practical difficulties in development of the parcel.

CRITERION (2)

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

FINDINGS-OF-FACT

The layout of the parcel and the zoning site limitations do not result from the actions of the applicant.

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 use of their allowed density in a manner similar to properties in the surrounding area.

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 site development hardships in this case can be alleviated by the granting of the height variance. The requested variance would allow development within the terms of the land development code.

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

Given the physical limitations of the site, the requested height variance is necessary to allow development to the allowed density.

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 meets all of the required criteria and recommends approval of the variance.

BOA DECISION

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

Attachments
Working Case File #V-2016-02