Agenda


AGENDA ESCAMBIA COUNTY BOARD OF ADJUSTMENT July 15, 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 May 20, 2015 Resume' Minutes.

Consideration of the following cases:

Case No.: CU-2015-06

Address: 7144 North Palafox St.
Request: Conditional Use to Allow Medium-Scale Retail Sales in HDMU Zoning
Requested by: Thomas G. Hammond, Jr., P.E., Agent for Brian Bass, Owner

Case No.: V-2015-06

Address: 31 N. Navy Blvd.
Request: Variance to the Front Yard Setback
Requested by: Pinder-Martin Associates, Inc., Agent for Twomays Property, Inc.

Case No.: V-2015-07

Address: 1525 East Nine Mile Rd. & 9028 Westside Drive
Request: Variance Request for Side Yard Setback
Requested by: Matt Sasser, Agent for Moulton Properties Holdings, LLC

Discussion Items.

Old/New Business.

Announcement.

The next Board of Adjustment Meeting is scheduled for Wednesday, August 19, 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:	07/15/2015

Attachments
May 20, 2015 Resume Minutes


Board of Adjustment		6. 1.
Meeting Date:	07/15/2015
CASE:	CU-2015-06
APPLICANT:	Thomas G. Hammond, Jr. P.E., Agent for Brian Bass, Owner
ADDRESS:	7144 North Palafox Street
PROPERTY REFERENCE NO.:	27-1S-30-1201-005-002
ZONING DISTRICT:	High Density Mixed-Use District, (HDMU)
FUTURE LAND USE:	Mixed Use- Urban, MU-U
OVERLAY DISTRICT:	Oakfield

SUBMISSION DATA:
REQUESTED CONDITIONAL USE: Conditional Use approval to allow a 8,320 square foot building, exceeding the 6,000 square foot maximum for HDMU zoning. RELEVANT AUTHORITY: Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section:3-2.9.c.2 2. Retail sales. Medium-scale (gross floor area greater than 6,000sq.ft. per lot, but no greater than 35,000 sq. ft.) retail sales, including sales of beer and wine and automotive fuels, but excluding sales of motor vehicles and liquor, and excluding permanent outdoor storage, display, or sales. CRITERIA: Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section 2-6.4
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. FINDINGS-OF-FACT The proposed 8,320 square foot building on the 1.81 acre parcel will be compatible with adjacent properties and other properties in the immediate area.
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 Available services like ECAT will be available to the subject property. Level of services and adequate capacity to serve the proposed use will be addressed during the Site Plan Review process.
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 Ingress and egress will be via Old Palafox Street. On-site parking and traffic flow will be addressed during the Site Plan Review process.
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 proposed Conditional Use is not expected to produce unfavorable impacts to adjacent or surrounding properties.
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 Solid waste service is available for the subject property.
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: Screening and Buffering standards will be reviewed during the Site Plan Review Process.
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: All proposed signage and lighting will be addressed during the site plan review process to comply with Chapter 5 general development standards, Article 8 for signage and Article 9.3 for lighting of the Land Development Code.
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: The size, shape, location and topography are adequate for the proposed size of a 8,320 square foot building. The proposed building will be able to accommodate any setbacks and open space. All requirements will be reviewed during the Site Plan Review process.
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: The proposed Conditional Use is consistent with all other relevant provisions of this Code.
STAFF FINDINGS
Staff recommends that the Board approve the proposed Conditional Use request as submitted.
BOA DECISION
The Board adopted Staff's findings and approved the Conditional Use as requested.

Attachments
Working Case File CU-2015-06


Board of Adjustment		6. 2.
Meeting Date:	07/15/2015
CASE:	V-2015-06
APPLICANT:	Pinder-Martin Associates, Inc., Agent for Twomays Property, Inc.
ADDRESS:	31 N. Navy Blvd.
PROPERTY REFERENCE NO.:	50-2S-30-5091-004-007
ZONING DISTRICT:	Com, Commercial
FUTURE LAND USE:	C, Commercial

SUBMISSION DATA:
REQUESTED VARIANCE: The Applicant is seeking a variance to the front yard setback for the renovation of an existing non-conforming structure. The current required zoning setback is 15' and the existing structure setback is 6'±. The requested variance would lessen the building (primary) setback to 4'± and the awning (secondary) setback to 1'±. This site is located within the Warrington Community Redevelopemnt Area. Land Development Code of Escambia County, Forida (Ordinance No. 96-3 as amended), Section: Sec. 3-2.10.8.d.7.a (7) Structure setback. For all principal structures, minimum setbacks are: a. Front and rear. Fifteen feet in both front and rear. And Sec. 3-1.5.g.4 Encroachments by building features. Every part of a required yard shall be open from its lowest point to the sky, unobstructed except for the ordinary projection of sills, belt courses, cornices, buttresses, awnings, eaves and similar building features. No such projection shall extend more than 24 inches into any yard, except roof overhangs, awnings, outside stairways, and balconies which may extend up to 48 inches into any yard provided the building setback is otherwise at least 10 feet Land Development Code of Escambia County, Forida (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 Section 2-6.3.c.3.a of the Land Development Code defines special circumstances or conditions specifically as follows: “Exceptional conditions. There are exceptional conditions or circumstances that are unique to the land in question, not ordinarily found on other lands in the vicinity and not a result of the owner’s intentional action. Unique conditions or circumstances include exceptional narrowness, shallowness, shape, or topographic conditions of the land or the presence of environmentally sensitive lands in or around the land. Current zoning and redevelopment area regulations present practical difficulties in the renovation of this existing, legally non-conforming building. Any changes to the front facade of this structure would necessitate a variance, yet these changes are promoted by the overlay distict regulations. Staff finds that these circumstances do meet the need for a variance.
CRITERION (2)
The special conditions and circumstances do not result from the actions of the applicant. FINDINGS-OF-FACT The unique conditions of this case are not self imposed. The Applicant is seeking to meet standards promoted by the redevelopment plan.
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 Granting the requested variance relief will not confer a special privlege.
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 Section 2-6.3.c.3.b of the Land Development Code (LDC) defines, substantial hardship as under the unique land conditions or circumstances prompting the variance request, the strict application of LDC standards causes an exceptional practical difficulty or undue physical hardship to the owner that effectively prohibits a permissible principal use or denies rights and privileges legally enjoyed by owners of other properties in the vicinity or within the same zoning district. The submitted request does meet this criterion.
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 requested variance is the minimum necessary given the unique circumstances present.
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: The requested 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.
STAFF RECOMMENDATION:
Staff recommends that the Board approve the variance request as submitted.
BOA DECISION
BOARD OF ADJUSTMENT FINDINGS: The Board adopted Staff's findings and approved the variance as requested.

Attachments
Working Case File V-2015-06


Board of Adjustment		6. 3.
Meeting Date:	07/15/2015
CASE:	V-2015-07
APPLICANT:	Matt Sasser, Agent for Moulton Properties Holdings, LLC
ADDRESS:	1525 East Nine Mile Road & 9028 Westside Drive
PROPERTY REFERENCE NO.:	13-1S-30-1100-000-002, 13-1S-30-1100-000-000
ZONING DISTRICT:	Commercial District, (Com)
FUTURE LAND USE:	Mixed-Use Urban, MU-U

SUBMISSION DATA:
REQUESTED VARIANCE: The Applicant is requesting a variance to the 10 foot side yard setback on the interior shared property lines, resulting in a zero lot line setback between the interior property lines. RELEVANT AUTHORITY: Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 3-2.10.d, 3-2.10.7.b 3-2.10.d. Site and building requirements. 3-2.10.7.b. Structure setback. For all principal structures, minimum setbacks are: Sides. Ten feet on each side, including any group of attached townhouses. for structures exceeding 35 feet above highest adjacent grade, an additional two feet for each additional 10 feet in height.
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 Section 2-6.3.c.3.a of the Land Development Code defines special circumstances or conditions specifically as follows: “Exceptional conditions. There are exceptional conditions or circumstances that are unique to the land in question, not ordinarily found on other lands in the vicinity and not a result of the owner’s intentional action. Unique conditions or circumstances include exceptional narrowness, shallowness, shape, or topographic conditions of the land or the presence of environmentally sensitive lands in or around the land. The unusual steep topographic land of the commercial property presents practical site design difficulties. To accommodate the required parking, drive aisles and stormwater detention pond, the proposed buildings are shifted close together. The requested variance would allow for a viable commercial design.
CRITERION (2)
The special conditions and circumstances do not result from the actions of the applicant. FINDINGS-OF-FACT The variance would allow the property owner the necessary space to meet all of the requirements of new construction on these specific parcels and is necessary for the preservation and enjoyment of a substantial property right normally associated with a commercial development.
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 Granting the variance request will not alter any special privilege that is denied by this land development code 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 Section 2-6.3.c.3.b of the Land Development Code (LDC) defines, substantial hardship as under the unique land conditions or circumstances prompting the variance request, the strict application of LDC standards causes an exceptional practical difficulty or undue physical hardship to the owner that effectively prohibits a permissible principal use or denies rights and privileges legally enjoyed by owners of other properties in the vicinity or within the same zoning district. The requested variance is for an unusual steep topographic land for the commercial property that presents practical site design difficulties. To accommodate the required parking, drive aisles and storm-water detention pond, the proposed buildings are shifted close together. The requested variance would allow for a viable commercial design and full potential build out 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 requested variance is the minimum necessary considering the unique topographic slope to the south east and for the placement of the storm-water detention pond.
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 the variance request will not alter other provisions of the Land Development Code or be injurious to the area or detrimental to the public welfare.
STAFF RECOMMENDATION:
Staff finds that the Applicant does meet all of the required criteria for the granting of the variance.
BOA DECISION
BOARD OF ADJUSTMENT FINDINGS: The Board adopted Staff's findings and approved the variance request as submitted.

Attachments
Working Case File V-2015-07