Agenda

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6. A.

Board of Adjustment

Meeting Date:	12/20/2017
CASE: V-2017-09
APPLICANT:	Joseph Passeretti, Agent for Michael and Patricia Addison, Owners
ADDRESS:	14599 Innerarity Point Rd.
PROPERTY REFERENCE NO.:	15-3S-32-1000-001-017
ZONING DISTRICT:	MDR, Medium Density Residential district
FUTURE LAND USE:	MU-S, Mixed-Use Suburban

SUBMISSION DATA:

REQUESTED VARIANCE:
The Applicant's are seeking a variance to increase the maximum fence height in a residential district from four feet to seven feet.

RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 5-9.4

(a) Fence heights in residential districts. Maximum heights for fences constructed in residential districts, except those on Pensacola Beach, shall be:

Front Yard - 4 Feet (Transparent materials which do not obstruct light, air and visibility)

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

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 in question is a large, waterfront property with an under construction home on site. The depth of the parcel, setback of the home, and scale of the home all are greater than what would be expected in a typical front yard fence situation. These factors present practical difficulties in designing a fence/gate of a corresponding scale given the four foot height limit. The requested fence height variance would allow for a fence in proportion to the land and home.

CRITERION (2)

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

FINDINGS-OF-FACT

The size and orientation of the property along with the special conditions noted above were all in place at the time of purchase.

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 requested variance would not grant a special privilege to this property over that which would be available to other properties facing similar hardships.

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 LDC provision in this case would create a hardship given the unique features of the site.

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 characteristics of the site, the requested variance would be necessary to build a fence in reasonable scale with the home on the property.

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 would be consistent with the general intent and purpose of the land development code and would not be injurious to the area or otherwise detrimental to the public welfare.

STAFF RECOMMENDATION:

Staff finds that this request meets all of the required criteria and recommends approval of the variance as requested.

BOA DECISION

BOARD OF ADJUSTMENT FINDINGS:

The Board adopted Staff's findings of fact and approved the variance as requested.

Attachments
V-2017-09