Agenda


AGENDA ESCAMBIA COUNTY BOARD OF ADJUSTMENT January 21, 2015–8:30 a.m. Escambia County Central Office Complex 3363 West Park Place, Room 104

Call to Order.

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 December 17, 2014 Resume' Minutes.

Consideration of the following cases:

Case No.: V-2015-01

Address : 7905 Red Bean Dr.
Request: Variance for Rear Setback
Requested by: Eddie Palmer, Agent for Henry Elliott

Case No.: V-2015-02

Address: 501 S.E. Baublits Dr.
Request: Variance for Building Setbacks
Requested by: R.Douglas Forte, Agent for Janice Macartney and Kenneth Smith

Case No.: CU-2015-01

Address: 8590 Hwy. 98 West
Request: Dormitory in R-4 Zoning
Requested by: Charles E. Kunze, Jr., Agent for Globe Missionary Evangelism, Inc.

Case No.: CU-2015-02

Address: 621 Quintette Rd.
Request: Conditional Use for an Accessory Structure
Requested by: Ronnie L. and Ellen M. Couture

Discussion Items.

Old/New Business.

Announcement.

The next Board of Adjustment Meeting is scheduled for Wednesday, February 18, 2015 at 8:30 a.m., at the Escambia County Central Office Complex, Room 104, 3363 West Park Place.

10.

Adjournment.


Board of Adjustment		5.
Meeting Date:	01/21/2015

Attachments
Draft Resume 12-17-14 BOA Meeting


Board of Adjustment		6. 1.
Meeting Date:	01/21/2015
CASE:	V-2015-01
APPLICANT:	Eddie Palmer, Agent for Henry Elliott
ADDRESS:	7905 Red Bean Dr.
PROPERTY REFERENCE NO.:	37-2S-31-1100-170-004
ZONING DISTRICT:	R-4, Multiple-Family District
FUTURE LAND USE:	MU-S, Mixed-Use Suburban

SUBMISSION DATA:
REQUESTED VARIANCE: The Applicant is seeking a variance to allow a three foot rear yard building setback for the construction of an enclosed patio. RELEVANT AUTHORITY: Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 2.05.02 CRITERIA Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section 6.05.11.E.4 E. Site and building requirements. 4. Rear yard. There shall be a rear yard having a depth of not less than 15 feet. 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 25 feet, whichever is greater.
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 site in question is a corner lot and the house was built along the west side setback and the rear setback. While this arrangement increased the front and east side yards, it reduced the rear yard. By shifting the house into the southwest corner the practical space available for a rear addition was reduced, creating a difficult situation unique to this lot.
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 variance is necessary to construct an enclosed patio of the size sought.
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 unique arrangement of the house on the lot, the requested variance is necessary to allow for the enclosed patio. STAFF RECOMMENDATION: Staff recommends that the Board grant the variance as requested. BOARD OF ADJUSTMENT FINDINGS: The Board adopted staff's findings and approved the variance as requested.

Attachments
Working Case File V-2015-01


Board of Adjustment		6. 2.
Meeting Date:	01/21/2015
CASE:	V-2015-02
APPLICANT:	R. Douglas Forte, Agent for Janice Macartney and Kenneth Smith
ADDRESS:	501 S. E. Baublits Dr.
PROPERTY REFERENCE NO.:	50-2S-30-6090-505-024
ZONING DISTRICT:	R-2, Single-Family District
FUTURE LAND USE:	MU-U, Mixed Use Urban

SUBMISSION DATA:
REQUESTED VARIANCE: The Applicants are requesting to reduce their front and rear yard setbacks for the construction of a single family home on an existing platted lot. The front yard setback would be five feet at its narrowest and the rear setback would be reduced to thirteen feet. RELEVANT AUTHORITY: Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 2.05.02 CRITERIA Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section 6.05.07.E.3&4 E. Site and building requirements. 3. Front yard. There shall be a front yard having a depth of not less than 20 feet, provided that in blocks where 50 percent or more of the lots are developed, the front yard required shall be the average setback of the dwellings already constructed. 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.
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 site is unique in the surrounding area as it is a vacant lot in a subdivision that was platted and built many years prior to the imposition of zoning setbacks. The current setbacks greatly reduce the buildable footprint from what was origninally designed. While staff is able to administratively grant some relief to the front yard setback through averaging the setbacks along the block, the inward curvature of the lot still creates a problem. These factors create practical difficulties in the construction of a home to modern standards.
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 Given the unique difficulties on the site, the variance is necessary for the construction as proposed.
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 unique hardships on the lot, the request is necessary to build the home as designed. STAFF RECOMMENDATION: Staff finds that the Applicants can meet all of the required criteria and recommends granting the variance as requested. BOARD OF ADJUSTMENT FINDINGS: The Board adopted staff's findings and approved the variance as requested.

Attachments
Working Case File V-2015-02


Board of Adjustment		6. 3.
Meeting Date:	01/21/2015
CASE:	CU-2015-01
APPLICANT:	Charles E. Kunze Jr., Agent for Globe Missionary Evangelism, Inc., Owner
ADDRESS:	8590 Highway 98 West
PROPERTY REFERENCE NO.:	19-2S-31-3401-000-004
ZONING DISTRICT:	C-1, Retail Commercial District, and R-4, Multiple-Family District, Medium High Density
FUTURE LAND USE:	MU-U, Mixed-Use Urban
OVERLAY DISTRICT:	N/A

SUBMISSION DATA:
REQUESTED CONDITIONAL USE: The Applicant is requesting Conditional Use approval to allow a dormitory within R-4 zoning. RELEVANT AUTHORITY: Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section 6.05.11.C.3: C. Conditional uses. 3. Dormitories, fraternity and sorority houses. 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 proposed dormitory building will rely on the same established easement across adjoining property as the existing Globe International office building currently relies on to access Highway 98. The existing on-site gravel parking area will be paved and expanded. All site access and on-site vehicle and pedestrian circulation will comply with Land Development Code, Florida Building Code, and other applicable requirements at the time of site development approval.
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 No nuisance impacts to adjoining or other properties are anticipated to result from the proposed dormitory.
CRITERION (3)
Solid Waste. Refuse and service areas with particular reference to concurrency requirements and items (1) and (2) above. FINDINGS-OF-FACT Solid waste services and capacity are available to the subject property. Access and screening will be provided to any outside waste containers required by the existing and proposed building in compliance with Land Development Code at the time of site development approval.
CRITERION (4)
Utilities. Utilities with reference to concurrency requirements, location, availability and compatibility with surrounding land uses. FINDINGS-OF-FACT The proposed dormitory building will rely on the same utility providers, systems, and capacities as are currently relied upon by the existing Globe International office building.
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 If required, buffering will be provided in compliance with the Land Development Code at the time of site development approval.
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 Any new exterior signs or lighting proposed, or existing signs or lighting to be modified, will be in compliance with Land Development Code, Florida Building Code, and other county requirements at the time of approval.
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 presence or absence of wetlands, threatened and endangered species habitat, and protected trees will be confirmed through site surveys. Impacts to environmental resources and the management of stormwater will be in compliance with the Land Development Code at the time of development plan approval.
CRITERION (8)
Neighborhood impact. General compatibility with adjacent properties and other property in the immediate area. FINDINGS-OF-FACT The proposed dormatory for the existing Globe International facility is compatible with adjacent properties and other property in the immediate area.
CRITERION (9)
Other requirements of Code. The proposed Conditional Use is consistent with all other relevant provisions of this Code. FINDINGS-OF-FACT There are no other provisions of the Land Development Code with which the proposed dormitory does not comply or cannot demonstrate compliance through development plan review.
STAFF RECOMMENDATION
Approval is recommended for the requested dormitory as a conditional use within the R-4 zoned portion of the subject parcel. BOARD OF ADJUSTMENT FINDINGS: The Board adopted staff's findings and approved the Conditional Use as requested.

Attachments
Working Case File CU-2015-01


Board of Adjustment		6. 4.
Meeting Date:	01/21/2015
CASE:	CU-2015-02
APPLICANT:	Ronnie L. and Ellen M. Couture
ADDRESS:	621 Quintette Rd.
PROPERTY REFERENCE NO.:	33-2N-31-1101-000-020
ZONING DISTRICT:	VR-2, Villages Residential
FUTURE LAND USE:	RC, Rural Community
OVERLAY DISTRICT:	N/A

SUBMISSION DATA:
REQUESTED CONDITIONAL USE: The Applicants are seeking Conditional Use approval to allow an accessory structure larger than a primary structure. RELEVANT AUTHORITY: Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section:6.03.01.E E. Accessory structures. Accessory structures to a residence (excluding agricultural zoning and farms) shall not exceed 50 percent of the size of the primary structure or 500 square feet, whichever is larger, for parcels up to two acres in size. Parcels of two to five acres in size may have accessory structures up to 75 percent of the size of the primary structure and parcels greater than five acres may have accessory structures up to 100 percent of the size of the primary structure. Structures larger than the above allowed sizes shall require conditional use approval from the BOA. Accessory buildings or guest residences on waterfront lots shall require conditional use approval from the BOA to locate in a front yard of the principle dwelling and shall not be located within 60 feet of a front property line. If the parcel is zoned commercial, the accessory structure may be larger than the above standard but in such case, it shall require site plan approval as a commercial structure in accordance with article 4, part II. 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 structure will be located on a residential parcel accessed by driveway connecting to Quintette Rd.
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 Staff finds no nuisances associated with the proposed use as a storage structure.
CRITERION (3)
Solid Waste. Refuse and service areas with particular reference to concurrency requirements and items (1) and (2) above. FINDINGS-OF-FACT Solid waste service will be provided as needed.
CRITERION (4)
Utilities. Utilities with reference to concurrency requirements, location, availability and compatibility with surrounding land uses. FINDINGS-OF-FACT Any necessary utilities will be provided by the Applicants.
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 No buffers are required with this residential use.
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 No signs are proposed with the requested use.
CRITERION (7)
Environment impact. Impacts to protected trees, wetlands, water bodies, stormwater management or other natural features of the subject parcel. FINDINGS-OF-FACT Staff finds no environmental impacts associated with the proposed use.
CRITERION (8)
Neighborhood impact. General compatibility with adjacent properties and other property in the immediate area. FINDINGS-OF-FACT The proposed use should be compatible with the adjacent properties.
CRITERION (9)
Other requirements of Code. The proposed Conditional Use is consistent with all other relevant provisions of this Code. FINDINGS-OF-FACT The proposed Conditional Use is consistent with all other relevant provisions of this Code.
STAFF RECOMMENDATION
Staff finds that the proposed use meets all of the required criteria and recommends approval of the request as submitted. BOARD OF ADJUSTMENT FINDINGS: The Board continued this case to the February 18, 2015 meeting.

Attachments
Working Case File CU-2015-02