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6. A.
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| Board of Adjustment |
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| SUBMISSION DATA: |
REQUESTED VARIANCE:
Pensacola Beach Pier would like to construct 2 additional stories on the existing building footprint above the existing restaurant.
Per the Land Development Code (LDC), the required amount of parking for the additional 2 stories is 118 parking spaces, which requires a variance for 118 parking spaces. The current restaurant on the pier uses the existing Casino Beach parking lot.
Santa Rosa Island Authority Board (SRIA) gave final approval to construct an additional second and third floor to the existing concession building, subject to adhering to all applicable codes and regulations, and obtaining permitting from all appropriate agencies the request with a vote of 5-0 on November 9, 2016.
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 3-1.2.d
All other restaurants, 1 per 2 seats (including outdoor) or 15 per 1000sq. ft.
CRITERIA
Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section 2-6.3
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| 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 property is unique in its use and site layout. This is the only Gulf of Mexico pier in Escambia County and it is surrounded by SRIA property. Given the available public transportation and walking distance from major hotels, visitors to the the pier and the proposed use are not limited to those arriving through private vehicular traffic. This site is currently using Casino Beach parking lot to meet the current LDC parking requirements. The current site is completely built out and the only way to add parking for this site is to build a parking garage. |
| CRITERION (2) |
The special conditions and circumstances do not result from the actions of the applicant.
FINDINGS-OF-FACT
The practical hardship unique to this site is not a result of 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
Given the unique features of this site, granting the requested variance would not confer on the applicant special privilege that is denied by this LDC 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
Strict application of the provisions of the LDC would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district that do not have the same unique features. |
| 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 variance necessary given the unique hardship of the site. |
| 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:
Given the unique hardships of the site, the requested variance would be consistent with general intent and purpose of the LDC. It also appears that the proposed variance would not be injurious to the area or otherwise detrimental to the public welfare. |
| STAFF RECOMMENDATION: |
Staff recommends approval of the parking spaces variance.
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| BOA DECISION |
BOARD OF ADJUSTMENT FINDINGS:
The Board accepted Staff Findings and approved the Variance.
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