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6. 1.
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| Board of Adjustment |
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| SUBMISSION DATA: |
REQUESTED VARIANCE:
Request a variance to the requirements for commercial traffic in residential areas.
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Design Standards Manual, Chapter 1, Article 2, Section 2.2-6
Commercial traffic in residential areas
No permit, development order, or other approval shall be issued for any proposed commercial use which requests primary, secondary, or limited access onto a local street if that local street is fronted by more than 50 percent residential zoning in the following districts: LDR, MDR, R1PK, R2PK, measured in linear feet along the center line of the local street impacted by the proposed development. This provision will not apply when its strict application would deny all access to a parcel that is zoned for any commercial use.
CRITERIA
Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section 6.05.05.F.5 |
| 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 Applicant did not provide any specific language addressing the nature of the hardship. Based on historical photographs dating back to 1999, staff recognizes that some type of intermittent commercial and/or industrial activities has operated on-site and both St. Elmo and Hancock have been used as access to the parcel. The parcel is bound by the existing, active railroad track to the West and a School District parcel to the East.
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| CRITERION (2) |
The special conditions and circumstances do not result from the actions of the applicant.
FINDINGS-OF-FACT
The current location for the access, along St. Elmo street, is an existing condition of the land not caused by the Applicant.
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| 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 the variance 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.
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| 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 strict application of the Code would not create any unnecessary and undue hardship on the Applicant. Hancock Lane egress is a potential location for access to the parcel.
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| 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
Granting of the variance is not the minimum necessary to make possible the reasonable use of the land, building or structure, as access from Hancock is available.
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| 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:
Consistency with the general intent and purpose of the Land Development Code would be met by having the commercial traffic access the parcel using Hancock lane, consequently, the granting of the variance is not consistent with the intent and purpose of the Land Development Code.
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| STAFF RECOMMENDATION: |
The Applicant did not meet the requirements for Criterion 1, 4, 5 and 6. Therefore, staff recommends denial of the variance, as requested. |
| BOA DECISION |
| The Board accepted Staff Findings and denied the Variance request. |
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