Agenda


AGENDA ESCAMBIA COUNTY BOARD OF ADJUSTMENT November 19, 2014–8:30 a.m. Escambia County Central Office Complex 3363 West Park Place, Room 104

Call to Order.

Swearing in of Timothy R. Bryan to the Board of Adjustment.

Swearing in of Staff and acceptance of Staff as expert witnesses.

Acceptance of the BOA Meeting Package with the Development Services Staff Findings-of-Fact, into evidence.

Proof of Publication and waive the reading of the legal advertisement.

Approval of the October 15, 2014 Resume Minutes.

Consideration of the following cases:

Case No.: CU-2014-04

Address:	6763 North Palafox Street
Request:	Used Auto Sales in C-1
Requested by:	Thomas G. Hammond, Jr., P.E., Agent for Haytham Humeda, Owner

Case No.: V-2014-12

Address:	2930 Fenceline Rd.
Request:	Variance for a Dock
Requested by:	Jason Taylor, Agent for William and Dana Moye

Case No.: V-2014-13

Address:	5802 Grande Lagoon Blvd.
Request:	Variance for a Dock
Requested by:	Chris Bosso, Agent for Michelle A. Mandel

Case No.: V-2014-14

Address:	320 Rosebay Way
Request:	Variance for Rear Setback
Requested by:	LaDawn Singleton, Agent for Charles and Irene Smith

Discussion Items.

Old/New Business.

10.

Announcement.

The next Board of Adjustment Meeting is scheduled for Wednesday, December 17, 2014 at 8:30 a.m., at the Escambia County Central Office Complex, Room 104, 3363 West Park Place.

11.

Adjournment.


Board of Adjustment		2.
Meeting Date:	11/19/2014


Board of Adjustment		6.
Meeting Date:	11/19/2014

Attachments
Draft Resume 10-15-14 Mtg.


Board of Adjustment		7. 1.
Meeting Date:	11/19/2014
CASE:	CU-2014-04
APPLICANT:	Thomas G. Hammond, Jr., P.E., Agent for Haytham Humeda, Owner
ADDRESS:	6763 North Palafox Street
PROPERTY REFERENCE NO.:	27-1S-30-3101-001-053
ZONING DISTRICT:	C-1, Retail Commercial District (cumulative)
FUTURE LAND USE:	C, Commercial
OVERLAY DISTRICT:	N/A

SUBMISSION DATA:
REQUESTED CONDITIONAL USE: The Applicant is seeking Conditional Use approval to allow used auto sales in C-1 zoning. RELEVANT AUTHORITY: Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section: LDC 6.05.14.C.5. 5. Used automobile sales. In addition to other conditional use criteria, parcel must be one acre or less in size; there must be a three-foot tall hedge along the right-of-way line; no intrusions are permitted on the public right-of-way (see section 6.04.09); and it cannot be a C-1 parcel fronting on "gateway" arterial streets which are specified as Sorrento Road/Gulf Beach Highway/Barrancas Avenue (SR292), Blue Angel Parkway (SR173) and Pine Forest Road from I-10 to SR173, Navy Boulevard (SR295 and US98), and Scenic Highway (SR10A). CRITERIA: Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section 2.05.03
CRITERION (1)
On-site circulation. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, on-site parking and loading, and access in case of fire or catastrophe. FINDINGS-OF-FACT The site will be accessed by a curb cut and parking lot along Old Palafox. Internal circulation, parking and handicaped access will be reviewed during the site plan review process.
CRITERION (2)
Nuisance. Adverse impact such as noise, glare, smoke, odor or other harmful effects (electrical interference, hazardous materials, etc.) of the conditional use on adjoining properties and properties generally in the District. FINDINGS-OF-FACT As shown on the site plan, the proposed use should not have any new adverse impacts on the adjacent properties .
CRITERION (3)
Solid Waste. Refuse and service areas with particular reference to concurrency requirements and items (1) and (2) above. FINDINGS-OF-FACT The Applicant will be responsible for providing solid waste service for the proposed use.
CRITERION (4)
Utilities. Utilities with reference to concurrency requirements, location, availability and compatibility with surrounding land uses. FINDINGS-OF-FACT Ultilities are avialable for the site and will be provided as needed.
CRITERION (5)
Buffers. The buffer may be a landscaped natural barrier, a natural barrier or a landscaped or natural barrier supplemented with fencing or other man-made barriers, so long as the function of the buffer and the intent of Policy FLU 1.1.9 of the Comprehensive Plan and the provisions of Section 7.01.06 of the Land Development Code are fulfilled. FINDINGS-OF-FACT The proposed use will be reviewed for landscape and buffer standards during the Site Plan Review process.
CRITERION (6)
Signs. Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the District. FINDINGS-OF-FACT All signage will be reviewed by staff and must meet all applicable LDC regulations.
CRITERION (7)
Environment impact. Impacts to protected trees, wetlands, water bodies, stormwater management or other natural features of the subject parcel. FINDINGS-OF-FACT The proposed project will be reviewed for environmental impacts and stormwater management during the Site Plan Review process.
CRITERION (8)
Neighborhood impact. General compatibility with adjacent properties and other property in the immediate area. FINDINGS-OF-FACT Given the surrounding uses and prior commercial use of the site, the proposed use is compatible with the surrounding area.
CRITERION (9)
Other requirements of Code. The proposed Conditional Use is consistent with all other relevant provisions of this Code. FINDINGS-OF-FACT Per LDC 6.05.14.C.5, there must be a three-foot tall hedge along the right-of-way line and no intrusions are permitted on the right-of-way.
STAFF RECOMMENDATION
Staff finds that the request can meet all of the required criteria and recommends approval of the request as submitted. BOARD OF ADJUSTMENT FINDINGS: The Board adopted Staff's findings and approved the Conditional Use as requested.

Attachments
Working Case File CU-2014-04


Board of Adjustment		7. 2.
Meeting Date:	11/19/2014
CASE:	V-2014-12
APPLICANT:	Jason Taylor, Agent for William and Dana Moye
ADDRESS:	2930 Fenceline Rd.
PROPERTY REFERENCE NO.:	03-3S-31-2006-001-001
ZONING DISTRICT:	R-5, Urban Residential/Limited Office District
FUTURE LAND USE:	MU-U, Mixed Use Urban

SUBMISSION DATA:
REQUESTED VARIANCE: The Applicant is seeking a Variance to a County regulation limiting the length of a dock to no more than 15% of the open water span at the point of installation. RELEVANT AUTHORITY: Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 7.05.00.C12.b b. Such structures shall not extend seaward from the property line for more than 300 feet or consist of 15 percent of the open water span at the point of installation, whichever is less. In no case shall such structures extend nearer than 25 feet to the center of a channel. CRITERIA Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section 2.05.00
CRITERION (1)
That there are special circumstances or conditions applicable to the building or land in question that are peculiar to such property that do not apply generally to other land or buildings in the vicinity. FINDINGS-OF-FACT Section 2.05.02 of the Land Development Code defines special circumstances or conditions specifically as follows: “Such special conditions shall be limited to unusual physical characteristics inherent in the specific piece of property and not common to properties similarly situated. Such physical characteristics include, but are not limited to, exceptional narrowness, shallowness, shape, topographic conditions, or the presence of sensitive environmental resources, any or all of which will result in peculiar or practical difficulties in the quiet enjoyment and use of the property”. The property in question is located on the south side of the bayou at the point of a southward bend. This bend along with protected emergent vegetation on site present serious practical difficulties in building a dock complex on this waterfront lot. The proposed variance would serve to alleviate those difficulties.
CRITERION (2)
That the variance is necessary for the preservation and enjoyment of a substantial property right and not merely to serve as a convenience to the Applicant. FINDINGS-OF-FACT The requested variance is necessary for the practical use of the site given the physical limitations present.
CRITERION (3)
That such a variance will not impair an adequate supply of light and air to adjacent property or unreasonably increase the congestion in public streets, the danger of fire, imperil the public safety, unreasonably diminish or impair established property values within the surrounding area or in any other respect impair the health, safety, comfort, or general welfare of the inhabitants of Escambia County. FINDINGS-OF-FACT This variance will not impair an adequate supply of light and air to adjacent property or unreasonably increase the congestion in public streets, the danger of fire, imperil the public safety, unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the health, safety, comfort, or general welfare of the inhabitants of Escambia County.
CRITERION (4)
The variance will not, in any manner, alter other provisions of this Code or Comprehensive Plan. FINDINGS-OF-FACT This variance will not alter other provisions of the Land Development Code or Comprehensive Plan.
CRITERION (5)
That the variance is the minimum necessary to make possible the use of the land, building or other improvements as approved by the BOA. FINDINGS-OF-FACT Given the hardships on site, the requested variance is necessary to construct a dock complex in the same manner as other waterfront properties STAFF RECOMMENDATION: Staff finds that the variance request does meet all of the required criteria and approval is recommended. BOARD OF ADJUSTMENT FINDINGS: The Board adopted Staff's findings-of-fact and approved the variance as requested.

Attachments
Working Case File V-2014-12


Board of Adjustment		7. 3.
Meeting Date:	11/19/2014
CASE:	V-2014-13
APPLICANT:	Chris Bosso, Agent for Michelle A. Mandel
ADDRESS:	5802 Grande Lagoon Blvd.
PROPERTY REFERENCE NO.:	26-3S-31-2200-018-002
ZONING DISTRICT:	R-1, Single-Family District
FUTURE LAND USE:	MU-S, Mixed Use Suburban

SUBMISSION DATA:
REQUESTED VARIANCE: The Applicant is seeking a Variance to the side yard setbacks for construction of a dock terminal platform. RELEVANT AUTHORITY: Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 7.05.00.C.12.d d. For any dock, boathouse structure, pier, or any part of extensions thereof, the minimum setback line from the side property lines and riparian lines shall be ten percent of the width of the lot where the side property lines intersect the mean high water line (MHWL) (see exception in subsection e., below). However, side yards shall not be less than five feet on each side. This setback requirement is not intended to define an upland property owner's riparian and/or littoral rights. CRITERIA Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section 2.05.00
CRITERION (1)
That there are special circumstances or conditions applicable to the building or land in question that are peculiar to such property that do not apply generally to other land or buildings in the vicinity. FINDINGS-OF-FACT Section 2.05.02 of the Land Development Code defines special circumstances or conditions specifically as follows: “Such special conditions shall be limited to unusual physical characteristics inherent in the specific piece of property and not common to properties similarly situated. Such physical characteristics include, but are not limited to, exceptional narrowness, shallowness, shape, topographic conditions, or the presence of sensitive environmental resources, any or all of which will result in peculiar or practical difficulties in the quiet enjoyment and use of the property”. The Applicant's property shares this water access as a platted, private greenway leading from their main parcel to the shore of Big Lagoon. The narrow shape of the greenway and the property line extensions thereof, create practical difficulties in the permitting of an over-water structure.
CRITERION (2)
That the variance is necessary for the preservation and enjoyment of a substantial property right and not merely to serve as a convenience to the Applicant. FINDINGS-OF-FACT The purchase of water access property carries rights commonly associated with that ownership. Staff finds the construction of a dock accessing water of sufficient depth for naviagtion is one of those rights.
CRITERION (3)
That such a variance will not impair an adequate supply of light and air to adjacent property or unreasonably increase the congestion in public streets, the danger of fire, imperil the public safety, unreasonably diminish or impair established property values within the surrounding area or in any other respect impair the health, safety, comfort, or general welfare of the inhabitants of Escambia County. FINDINGS-OF-FACT This variance should not impair an adequate supply of light and air to adjacent property or unreasonably increase the congestion in public streets, the danger of fire, imperil the public safety, unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the health, safety, comfort, or general welfare of the inhabitants of Escambia County. This determination is based on the Applicant's statement that the project has met the minimum requirements of the U. S. Army Corps of Engineers. Escambia County does not regulate navigation below the high tide line.
CRITERION (4)
The variance will not, in any manner, alter other provisions of this Code or Comprehensive Plan. FINDINGS-OF-FACT This variance will not alter other provisions of the Land Development Code or Comprehensive Plan.
CRITERION (5)
That the variance is the minimum necessary to make possible the use of the land, building or other improvements as approved by the BOA. FINDINGS-OF-FACT Staff finds that the minimum necessary in this case is a dock accessing water of sufficient depth for naviagtion and that could be achieved without the need for a variance. The variance requested is for construction of the proposed terminal platform for vessel mooring. STAFF RECOMMENDATION: Staff finds that the Applicant cannot meet all of the required criteria for the granting of a variance, specifically the Applicant fails to meet criterion number five. Therefore, denial of the request is recommended. BOARD OF ADJUSTMENT FINDINGS: The Board granted the Applicant's request for a continuance. The case will be now be heard at the Dec.17, 2014 meeting.

Attachments
Working Case File V-2014-13


Board of Adjustment		7. 4.
Meeting Date:	11/19/2014
CASE:	V-2014-14
APPLICANT:	LaDawn Singleton, Agent for Charles and Irene Smith
ADDRESS:	320 Rosebay Way
PROPERTY REFERENCE NO.:	38-1S-31-1420-100-001
ZONING DISTRICT:	R-2, Single-family district
FUTURE LAND USE:	MU-U, Mixed Use Urban

SUBMISSION DATA:
REQUESTED VARIANCE: The Applicants are seeking a Variance to the 20 foot rear yard setback for an attached, enclosed patio. RELEVANT AUTHORITY: Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 6.05.07.E.4 4. Rear yard. The minimum rear yard shall not be less than 20 feet in depth. On property abutting estuarine, riverine or creek systems, the setback shall be in accordance with the marine/estuarine/riverine setback (MERS) provision of this Code (article 7) or 30 feet, whichever is greater. CRITERIA Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section 2.05.00
CRITERION (1)
That there are special circumstances or conditions applicable to the building or land in question that are peculiar to such property that do not apply generally to other land or buildings in the vicinity. FINDINGS-OF-FACT Section 2.05.02 of the Land Development Code defines special circumstances or conditions specifically as follows: “Such special conditions shall be limited to unusual physical characteristics inherent in the specific piece of property and not common to properties similarly situated. Such physical characteristics include, but are not limited to, exceptional narrowness, shallowness, shape, topographic conditions, or the presence of sensitive environmental resources, any or all of which will result in peculiar or practical difficulties in the quiet enjoyment and use of the property”. While the residence on site was permitted by the county with an intrusion into the rear setback of 1.3 feet, the enclosed patio was done at a later time. The county records from that time are missing, and staff is unable to verify if a permit was issued for the patio enclosure or why the residence was allowed to be built into the setback. Given these factors, the requested variance would be needed to allow the existing construction to remain.
CRITERION (2)
That the variance is necessary for the preservation and enjoyment of a substantial property right and not merely to serve as a convenience to the Applicant. FINDINGS-OF-FACT The requested variance is necessary to allow the existing patio enclosure to remain.
CRITERION (3)
That such a variance will not impair an adequate supply of light and air to adjacent property or unreasonably increase the congestion in public streets, the danger of fire, imperil the public safety, unreasonably diminish or impair established property values within the surrounding area or in any other respect impair the health, safety, comfort, or general welfare of the inhabitants of Escambia County. FINDINGS-OF-FACT This variance will not impair an adequate supply of light and air to adjacent property or unreasonably increase the congestion in public streets, the danger of fire, imperil the public safety, unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the health, safety, comfort, or general welfare of the inhabitants of Escambia County.
CRITERION (4)
The variance will not, in any manner, alter other provisions of this Code or Comprehensive Plan. FINDINGS-OF-FACT This variance will not alter other provisions of the Land Development Code or Comprehensive Plan.
CRITERION (5)
That the variance is the minimum necessary to make possible the use of the land, building or other improvements as approved by the BOA. FINDINGS-OF-FACT Given the uncertainties in the County records, the requested variance is the minimum necessary to allow the existing structure to remain on site. STAFF RECOMMENDATION: Staff finds that the request can meet the required criteria and recommends approval as submitted. BOARD OF ADJUSTMENT FINDINGS: The Board adopted Staff's findings-of-fact and approved the variance request as submitted.

Attachments
Working Case File V-2014-14