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6. C.
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| Board of Adjustment |
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| SUBMISSION DATA: |
REQUESTED VARIANCE:
The applicant is requesting a variance to reduce the required 11.50 feet side setback to a 3.0 feet side setback to construct a residential addition.
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section 3-2.5 (d) (7)
b. Sides. On each side, five feet or 10 percent of the lot width at the street right-of-way, whichever is greater, but not required to exceed 15 feet.
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
Based on the bench survey drawn by A-1 Land Surveying Company, review of the existing available aerial data and staff's visit to the site, the shape of the lot is different from other adjacent lots; a typed letter provided by the owner with the application, relates how the parcel boundaries in relation to the existing structure were drawn after the structure was in place, without the applicant's input. There are large mature trees on the West, North and South boundaries of the structure. The structure is surrounded by heavy vegetation and other landscaping.
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| CRITERION (2) |
The special conditions and circumstances do not result from the actions of the applicant.
FINDINGS-OF-FACT
Based on the owner's request letter submitted with the application, it appears that the special conditions and circumstances do not result from actions by 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
Granting of the variance as requested will not confer on the applicant any special privileges that are not available to all property owners in the County. |
| 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 physical shape of the lot, the location and size of the existing structure within the parcel present some challenges to the use of the land, as requested by the applicant. The Land Development Code does have allowances to address some unusual or unanticipated circumstances by allowing limited criterion-based variances to provide site-specific relief. Based on the request and the drawn dimensions of the proposed addition, specified on a boundary survey by Ruben Surveying and Mapping, dated 2/10/06, without a granting of the variance, the owner would be unable to construct the proposed addition to the south-east side of the existing structure. The ability to locate the structure on the West side is physically hindered by the presence of multiple mature trees and other existing large accessory structures. |
| 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
Based on the applicant's request, the variance requested is the minimum allowance to make possible the reasonable use of the existing building. |
| 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 variance is consistent with the general intent and purpose of the Land Development Code and will not be detrimental to public welfare. |
| STAFF RECOMMENDATION: |
Staff recommends approval of the variance as requested. |
| BOA DECISION |
BOARD OF ADJUSTMENT FINDINGS:
The Board adopted Staff's findings and approved the variance as requested. |
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