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6. B.

Board of Adjustment

Meeting Date:

11/18/2020

I. SUBMISSION DATA:

APPLICANT:	Maria Fatima Luther and David D. Luther
DATE OF ADMINISTRATIVE DECISION:	October 2, 2020
DATE OF APPEAL APPLICATION:	October 7, 2020
PROJECT ADDRESS:	9511 Scenic Highway
PROPERTY REFERENCE NO.:	02-1S-29-3001-000-009
ZONING DISTRICT:	MDR, Medium Density Residential
FUTURE LAND USE:	MU-U, Mixed Use, Urban

III. REQUESTED APPEAL:

The Applicant is appealing the issuance of land use approval for an accessory structure, permit number 20103920PLU.

Land use approval for the accessory structure was granted by Escambia County on October 2, 2020, and this appeal was filed on October 7, 2020, within the 15 day deadline.

The appeal was scheduled to be heard by the Board of Adjustment on November 18, 2020, in conformance with the Land Development Code (LDC) requirement for scheduling.

III. RELEVANT APPEAL AUTHORITY:

Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section: 2-6.10
Sections 2-6.10, Appeal of Administrative Decisions provides the relevant authority for the BOA’s review of administrative decisions.

Compliance review. The BOA shall conduct the quasi-judicial public hearing to consider the appeal of an administrative decision. The applicant has the burden of presenting competent substantial evidence to the board that establishes each of the following conditions with regard to the decision being appealed:

Arbitrary or capricious. The decision of the administrative official was neither required nor supported by the Comprehensive Plan or the LDC and was therefore arbitrary or capricious.

LDC noncompliance. The specific LDC provisions identified in the appeal application are appropriate to the decision and the decision was not in compliance with those provisions.

Adverse impact. The applicant’s property will suffer an adverse impact as a result of the decision if it is not modified.

Protected interest. The adverse impact is to a specific interest protected or furthered by the LDC or Comprehensive Plan.

Greater impact. The adverse impact adversely affects the applicant in a greater degree than any adverse impact shared by the community at large; and, if the applicant is a third party to the decision, the adverse impact peculiar to the applicant differs in kind (as opposed to degree) to any suffered by the community as a whole.

IV. BACKGROUND INFORMATION

In September of 2020, Escambia County Code Enforcement was notified of unpermitted construction in the rear yard of 9511 Scenic Hwy. Upon inspection, it was documented that a second story was being added to an existing accessory structure in the rear yard.
No permits had been issued for this addition and the owner was told to seek land use approval and the necessary permits.

On October 2, 2020, the owner of 9511 Scenic Hwy received land use approval for the addition along with the necessary building permit.
The Luther's filed an appeal of that land use approval, contending that the accessory structure should meet the building setback instead of the accessory structure setback as called for in the LDC.

On November 18, 2020, the BOA denied the applican'ts appeal but required an official survey at the time of the first inspection.

Attachments
Working Case File