Agenda

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6. 1.

Board of Adjustment

Meeting Date:	08/17/2016
CASE: V-2016-06
APPLICANT:	Horizon Sunrooms, Agent for Phyllis D. Snyder, Owner
ADDRESS:	10399 Vintage Drive
PROPERTY REFERENCE NO.:	07-1S-30-1000-000-300
ZONING DISTRICT:	COM, Commercial
FUTURE LAND USE:	MU-U, Mixed-Use Urban

SUBMISSION DATA:

REQUESTED VARIANCE:

The Applicant is requesting a variance to the rear yard building setback to build a sunroom, reducing the 15' rear setback to 8'.

RELEVANT AUTHORITY:

Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 3-2.10.d.7.a

Sec. 3-2.10 Commercial district (Com).

(d) Site and building requirements. The following site and building requirements apply to uses within the Commercial district:

(7) Structure setback. For all principal structures, minimum setbacks are:

a. Front and rear. Fifteen feet in both front and rear.

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 Applicant did not provide any specific language addressing the nature of the hardship. The existing house built in 2002 is in the platted subdivision Ashley Place. Staff does not find any special conditions unique to this site.

CRITERION (2)

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

FINDINGS-OF-FACT

Staff does not find special conditions unique to this site.

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

Granting the variance requested would confer on the Applicant special privilege denied by this land development code to other lands, buildings or structures in the same zoning district.

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

Staff finds that the strict application of the code would not create an unnecessary and undue hardship on the Applicant.

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 site in question is in a platted subdivision where all lots have the same setback regulations. Adding a sunroom is not the minimum necessary to make use of the land, building or structure.

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:

Granting the requested variance will not be consistent with the general intent and purpose of the land development code.

STAFF RECOMMENDATION:

Staff finds that the request does not meet all of the required criteria and recommends denial.

BOA DECISION

The Board amended Staff Findings of Fact and approved the variance as requested.

Attachments
Working Case File V-2016-06