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6. B.

Board of Adjustment

Meeting Date:	10/21/2020
CASE: V-2020-03
APPLICANT:	Clyde Jolly, Agent for Ted and Judy Gund, Owners
ADDRESS:	931 Fairway Drive, Pensacola, Fl 32507
PROPERTY REFERENCE NO.:	50-2S-30-5070-005-002
ZONING DISTRICT:	Medium Density Residential (MDR)
FUTURE LAND USE:	Mixed Use Urban (MU-U)

SUBMISSION DATA:

REQUESTED VARIANCE:
The applicant is requesting an 8 foot variance to the 20 foot rear setback requirement, resulting in a rear setback of 12 feet.

RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: Sec. 3-2.7 Medium Density Residential district (MDR).
(d) Site and building requirements.
(7) Structure setbacks. For all principal structures, minimum setbacks are:
a. Front and rear. Twenty feet in the front and rear.

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
Prior to Hurricane Ivan this parcel was shaded by a 150'± buffer of trees on the golf course parcel to the South. The loss of that shading now exposes the backyard to constant direct sun from the South and West year-round. The requested variance would allow for a covered deck to provide shade in the same manner as was intended in the original subdivision and golf course layout.

CRITERION (2)

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

FINDINGS-OF-FACT
The special conditions of the land did not result from the 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
The granting of the variance will not confer on the applicant any special privileges that are not available 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
Given the unique layout of the structure and the property, approval of the variance, as requested, would enable the owners to have full use of the 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
The location of the proposed structure, as submitted, is the minimum variance that will make possible the use of the land based on the physical limitations of the existing structure and the lot.

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 of the variance will be consistent with the general intent and purpose of the land development code and the requested variance will not be injurious to the area or otherwise detrimental to the public welfare. The adjacent Pensacola Country Club Association has been made aware of the proposed construction and provided the applicant with a letter of support for their project.

STAFF RECOMMENDATION:

Staff finds that applicant has addressed the variance criteria and recommends approval of the variance as requested.

BOA DECISION

BOARD OF ADJUSTMENT FINDINGS:

Attachments
Working Case File