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6. A.
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| Board of Adjustment |
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| SUBMISSION DATA: |
REQUESTED VARIANCE:
Request an additional 15' to the maximum sign height of 20'
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section:5-8.8(d)(2)
Sec. 5-8.8
2. Area and height. A maximum 1.00 square foot of freestanding sign area is allowed per lineal foot of parcel street frontage, and a minimum total of 50 square feet is allowed for any development parcel regardless of street frontage. If the on-premises freestanding signage for an entire parcel is limited to one sign structure, the total sign area from all parcel street frontage is available to that structure, subject to area limits applicable to its location. Regardless of street frontage or number of sign structures, the maximum sign area and height for all individual freestanding signs is additionally limited by the size of the parcel and the classification of the street to which the sign structure is closest according to the following:
Sign Location Maximum Sign Height
Local street 20 ft
Arterial or 4-lane street 35 ft
Collector street not 4-lane 25 ft
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 new sign is limited by being on a local street which restricts it to 20 feet in height, which is lower than the competitors existing signage of 35 feet. |
| CRITERION (2) |
The special conditions and circumstances do not result from the actions of the applicant.
FINDINGS-OF-FACT
The special conditions are not a result of any actions on the part of the applicant. The parcel is utilizing a local roadway and in doing so, the sign height is less than the other businesses who signage calculations use the arterial roadway which allows for a taller sign. The current height requirement of 20 feet would limit visibility of the sign and not be comparable with the other existing signs in the area. |
| 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 this variance would not confer any special privilege that is denied by the 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
The location of the County drainage pond prevents this site from having access off of Loblolly, in the same manner as nearby establishments and forces them to access off of Interstate Circle, hence requiring additional height. Strict application of the code would severely limit the visibility and functional use of the sign, which creates an undue hardship on this property. |
| 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 unique hardship of the location of this property, the requested variance is the minimum to grant the signage height associated with businesses of this type. |
| 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 be consistent with the general intent and purpose of the land development code and will not be injurious to the area or otherwise detrimental to the public welfare. |
| STAFF RECOMMENDATION: |
Staff finds that the application meets all of the required criteria for granting of a variance and recommends approval of the request as submitted.
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| BOA DECISION |
BOARD OF ADJUSTMENT FINDINGS:
The Board agreed with Staff's Findings of Fact and approved the Variance.
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