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6. A.
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| Board of Adjustment |
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| SUBMISSION DATA: |
REQUESTED CONDITIONAL USE:
The applicant is requesting a Conditional use to place an accessory structure in the front yard of a waterfront lot.
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section 4-7.3(a)(4)b
(a) General conditions. Accessory uses and structures shall be allowed in compliance with the provisions of the applicable zoning district and this section.
(4) Location.
An accessory use or structure shall be located on the same lot as the principal use or structure. Accessory structures are limited to locations within side and rear yards, except as specifically allowed by LDC provisions, including the following:
b. Waterfront lots. Accessory structures may be located in the front yard of a waterfront lot if the structures are at least 60 feet from the front lot line and granted conditional use approval by the Board of Adjustment (BOA).
CRITERIA:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section 2-6.4
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| CRITERION (a) |
General compatibility. The proposed use can be conducted and operated in a manner that is compatible with adjacent properties and other properties in the immediate area.
If this is for the sale of alcohol within a 1000 ft of a place of worship or child care facility; please explain 1- 5 below:
1.The existing times of use of the places of worship or child care facilities coincide with the hours of operation of the subject business.
2.The 1000-foot minimum distance is not achieved.
3.The conflicting uses are visible to each other.
4. Any on-premises consumption is outdoors.
5. Any conditions or circumstances mitigate any incompatibility.
FINDINGS-OF-FACT
The applicant has submitted a site plan showing a garage structure to be placed on the front yard of the property. The proposed use can be conducted and operated in a manner that is compatible with adjacent properties. |
| CRITERION (b) |
Facilities and services. Public facilities and services, especially those with adopted levels of service, will be available, will provide adequate capacity to serve the proposed use consistent with capacity requirements.
FINDINGS-OF-FACT
There are public facilities and services available in the area of the subject parcel, which are currently being used by the applicant's home on the northern portion of the newly combined lot. |
| CRITERION (c) |
On-site circulation. Ingress to and egress from the site and its structures will be sufficient, particularly regarding vehicle and pedestrian safety and convenience, efficient traffic flow and control, on-site parking and loading, and emergency vehicle access.
FINDINGS-OF-FACT
As the property is located on a dead end street, the traffic impact, pedestrian safety and emergency vehicle access will not be compromised. |
| CRITERION (d) |
Nuisances and hazards. The scale, intensity, and operation of the use will not generate unreasonable noise, glare, dust, smoke, odor, vibration, electrical interference, or other nuisances or hazards for adjoining properties and other properties in the immediate area.
FINDINGS-OF-FACT
The applicant stated that the proposed structure will not generate nuisances or hazard to adjoining properties. This conditional use will allow the applicant to enjoy the same rights as other homes in the area. |
| CRITERION (e) |
Solid waste. All on site solid waste containers will be appropriately located for functional access, limited off-site visibility and minimal odor and other nuisance impacts.
FINDINGS-OF-FACT
Based on the application, solid waste services are currently available through ECUA.
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| CRITERION (f) |
Screening and buffering. Where not otherwise required by the LDC, screening and buffering will be provided if appropriate to the proposed use and site.
FINDINGS OF FACT:
The proposed structure does not require any additional screening or buffering due to the fact the use and zoning are residential. |
| CRITERION (g) |
Signs and lighting. All exterior signs and lights, whether attached or freestanding, will be compatible with adjoining properties and other properties in the immediate area, especially regarding glare and traffic safety.
FINDINGS OF FACT:
The applicant stated that no signs will be placed on the structure, and exterior lights will be for security which will not be a nuisance to neighbors. |
| CRITERION (h) |
Site characteristics. The size, shape, location and topography of the site appear adequate to accommodate the proposed use, including setbacks, intensity, bulk, height, open space and aesthetic considerations.
FINDINGS OF FACT:
According to the County GIS system, the site appears to be in an AE flood zone. If the conditional use is approved, the applicant will submit plans that must meet all of the standards for construction in a FEMA designated Special Flood Hazard Area, as stated in the Land Development Code and the Florida Building Code. |
| CRITERION (i) |
Use requirements. The proposed use complies with any additional conditional use requirements of the applicable zoning district, use, or other provisions of the LDC.
FINDINGS OF FACT:
Given the unique configuration on the parcel facing multiple rights-of-ways, the submitted plan complies with the use requirements for this Conditional Use. |
| STAFF FINDINGS |
| Staff recommends approval of the Conditional Use as submitted. |
| BOA DECISION |
| The Board agreed with Staff's Findings and approved the Conditional Use. |
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