Agenda


AGENDA ESCAMBIA COUNTY BOARD OF ADJUSTMENT January 20, 2016–8:30 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 16, 2015 Resume Minutes.

Consideration of the following cases:

Case No.: CU-2015-03 - Remanded

Address: 7251 Plantation Rd.
Request: Communication Tower Over 150 Feet
Requested by: Dave Hoxeng, Agent for ADX Communications of Escambia, LLC

Case No.: V-2015-14

Address: 4615 Mobile Hwy.
Request: Sign Variance
Requested by: Nader Ghobrial, Agent for Fadi Mubarak, Owner

Case No.: V-2016-01

Address: 13922 River Rd.
Request: Building Height Variance
Requested by: Jesse W. Rigby, Agent for Helen Scarbrough

Case No.: V-2016-02

Address: 13900 River Rd.
Request: Building Height Variance
Requested by: Jesse W. Rigby, Agent for Linda H. Dunson Banta

Case No.: CU-2016-01

Address: 9838 N. Davis Hwy.
Request: To Allow a Microbrewery in Commercial Zoning
Requested by: David and Dayna Beddick, Owners

Discussion Items.

Old/New Business.

Announcement.

The next Board of Adjustment Meeting is scheduled for Wednesday, February 17, 2016 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:	01/20/2016

Attachments
Draft Resume' 12-16-15


Board of Adjustment		6. 1.
Meeting Date:	01/20/2016
CASE:	CU-2015-03
APPLICANT:	Dave Hoxeng, Agent for ADX Communications of Escambia, LLC
ADDRESS:	7251 Plantation Rd.
PROPERTY REFERENCE NO.:	30-1S-30-4101-006-002
ZONING DISTRICT:	C-2, General Commercial and Light Manufacturing District
FUTURE LAND USE:	C, Commercial
OVERLAY DISTRICT:	N/A

SUBMISSION DATA:
REQUESTED CONDITIONAL USE: The Applicant is seeking Conditional Use approval to construct a 199 foot commercial communication tower within 500 feet of a residential zoning district. RELEVANT AUTHORITY: Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section:7.18.D D. Setback from residential zoning. No commercial communication tower shall be located closer than the height of the tower to a residential zoning district line. In addition, all commercial communication towers which exceed 150 feet in height (in districts where commercial communications towers are allowed), and/or are located within 500 feet of a residential area, are considered conditional uses and shall be reviewed by the board of adjustment pursuant to sections 2.05.03 and 7.18.00. CRITERIA: Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section 2.05.03
CRITERION (a)
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 property in question has ample parking for the land use and is accessed by driveways connecting to Plantation Rd.
CRITERION (b)
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 does not find any anticipated nuisances associated with the proposed use.
CRITERION (c)
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 not be necessary for this use.
CRITERION (d)
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 Applicant.
CRITERION (e)
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 must meet any buffering requirements imposed during the site plan review process.
CRITERION (f)
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 signage associated with the proposed use must meet the requirements of the Land Development Code.
CRITERION (g)
Environment impact. Impacts to protected trees, wetlands, water bodies, stormwater management or other natural features of the subject parcel. FINDINGS-OF-FACT The proposed use must comply with any environmental standards imposed during the site plan review process.
CRITERION (h)
Neighborhood impact. General compatibility with adjacent properties and other property in the immediate area. FINDINGS-OF-FACT The proposed use will be compatible with the surrounding heavy commercial zoning. The residential zoning within 500 feet is to the north across Interstate 10. Any impacts on that residential zoned area will be minimized by distance and the existing Interstate right-of-way.
CRITERION (i)
Other requirements of Code. The proposed Conditional Use is consistent with all other relevant provisions of this Code. FINDINGS-OF-FACT The proposed use must meet all of the requirements of LDC 7.18.00 and any other standards imposed through the site plan review process. The Applicant has provided compliance with FCC, FAA, and County Emergency Management Service requirements, coverage maps for this tower and collocation information, as required for Conditional Use approval.
STAFF FINDINGS
Staff finds that the proposed use can meet all of the required criteria and recommends approval of the Conditional Use with the following condition: The project must meet all conditions imposed through the site plan review process.
BOA DECISION
The Board accepted Staff Findings and approved the Conditional Use as requested.

Attachments
Remanded Working Case File CU-2015-03


Board of Adjustment		6. 2.
Meeting Date:	01/20/2016
CASE:	V-2015-14
APPLICANT:	Nader Ghobrial, Agent for Fadi Mubarak, Owner
ADDRESS:	4615 Mobile Hwy.
PROPERTY REFERENCE NO.:	14-2S-30-8001-001-001
ZONING DISTRICT:	COM, Commercial
FUTURE LAND USE:	C, Commercial

SUBMISSION DATA:
REQUESTED VARIANCE: The Applicant is seeking an after the fact variance to increase the allowed signage on an existing commercial site. RELEVANT AUTHORITY: Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 5-8.1 CRITERIA 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 Staff was not provided with enough information to make a finding on this criterion.
CRITERION (2)
The special conditions and circumstances do not result from the actions of the applicant. FINDINGS-OF-FACT The signs were installed without a permit from the county.
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 Staff was not provided with enough information to make a finding on this criterion.
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 Staff was not provided with enough information to make a finding on 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 Staff was not provided with enough information to make a finding on this criterion.
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: Staff was not provided with enough information to make a finding on this criterion.
STAFF RECOMMENDATION:

BOA DECISION
The Board dismissed this case and granted the Applicant 30 days to reapply.

Attachments
Working Case File V-2015-14


Board of Adjustment		6. 3.
Meeting Date:	01/20/2016
CASE:	V-2016-01
APPLICANT:	Jesse W. Rigby, Agent for Helen Scarbrough
ADDRESS:	13922 River Rd.
PROPERTY REFERENCE NO.:	14-3S-32-1001-000-130
ZONING DISTRICT:	MDR-PK, Medium Density Residential District, Perdido Key
FUTURE LAND USE:	MU-PK, Mixed-Use Perdido Key

SUBMISSION DATA:
REQUESTED VARIANCE: The Applicant is requesting a building height variance to allow ten habitable floors in MDR-PK zoning. The current height allowed on site is four floors. RELEVANT AUTHORITY: Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 3-3.4 (d) (3) (3) Structure height. A maximum building height of four stories or two stories less than any adjacent building greater than four stories that existed on June 1, 1997, whichever is greater. CRITERIA 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 The parcel of land in question is narrow and deep, running north from River Rd. to the Intercoastal waterway. While this layout does provide waterfront, the narrowness limits the development possibilities on site. The density allowed by zoning (4.5 units per acre) could not be utilized given the constraints of setbacks imposed by zoning. Allowing the requested height variance would provide relief from the hardships and allow this owner the ability to use the density provided by the zoning district.
CRITERION (2)
The special conditions and circumstances do not result from the actions of the applicant. FINDINGS-OF-FACT The layout of the land was created long before zoning restrictions or purchase by the current owner.
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 this height variance would allow the applicant to develop in a manner similar to adjacent properties.
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 The north/south orientation of the site along with its narrowness, present practical difficulties for development of the site. The requested variance would allow development of the site in spite of the hardship.
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 to develop the property at its allowed density given the site limitations.
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 granting of the requested height variance will be consistent with the intent and purpose of the land development code and will not be injurious to the area or otherwise detrimental to the public welfare.
STAFF RECOMMENDATION:
Staff finds that the request does meet all of the required criteria and recommends approval of the height variance.
BOA DECISION
The Board accepted Staff Findings and approved the Variance as submitted.

Attachments
Working Case File #V-2016-01


Board of Adjustment		6. 4.
Meeting Date:	01/20/2016
CASE:	V-2016-02
APPLICANT:	Jesse W. Rigby, Agent for Linda H. Dunson Banta
ADDRESS:	13900 River Rd.
PROPERTY REFERENCE NO.:	14-3S-32-1001-000-129
ZONING DISTRICT:	MDR-PK, Medium Density Residential
FUTURE LAND USE:	MU-PK, Mixed-Use Perdido Key

SUBMISSION DATA:
REQUESTED VARIANCE: The Applicant is requesting a building height variance to allow nine habitable floors with under structure parking in MDR-PK zoning. The current height allowed on site is four floors. RELEVANT AUTHORITY: Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 3-3.4 (d) (3) (3) Structure height. A maximum building height of four stories or two stories less than any adjacent building greater than four stories that existed on June 1, 1997, whichever is greater. CRITERIA 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 This parcel is approximately seven times deeper than its width. This orientation provides waterfront on the Intercoastal Waterway but severely limits potential for development at the density (4.5 units per acre) allowed by zoning. Building setbacks and minimum lot widths present practical difficulties in development of the parcel.
CRITERION (2)
The special conditions and circumstances do not result from the actions of the applicant. FINDINGS-OF-FACT The layout of the parcel and the zoning site limitations do 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 this height variance would allow the applicant use of their allowed density in a manner similar to properties in the surrounding area.
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 The site development hardships in this case can be alleviated by the granting of the height variance. The requested variance would allow development within the terms of the land development code.
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 Given the physical limitations of the site, the requested height variance is necessary to allow development to the allowed density.
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 granting of the requested height variance will be consistent with the intent and purpose of the land development code and will not be injurious to the area or otherwise detrimental to the public welfare.
STAFF RECOMMENDATION:
Staff finds that the request meets all of the required criteria and recommends approval of the variance.
BOA DECISION
The Board accepted Staff Findings and approved the Variance as submitted.

Attachments
Working Case File #V-2016-02


Board of Adjustment		6. 5.
Meeting Date:	01/20/2016
CASE:	CU-2016-01
APPLICANT:	David & Dayna Beddick, Owners
ADDRESS:	9838 N. Davis Highway
PROPERTY REFERENCE NO.:	02-1S-30-0601-000-006
ZONING DISTRICT:	Com
FUTURE LAND USE:	MU-U, Mixed-Use Urban
OVERLAY DISTRICT:	N/A

SUBMISSION DATA:
REQUESTED CONDITIONAL USE: Conditional Use to allow a Microbrewery in a Commercial zoning district. RELEVANT AUTHORITY: Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section: 3-2.10.c.6.b b. Microbreweries, microdistilleries, microwineries, 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 microbrewery will be compatible with adjacent properties and other properties in the immediate area. This site is located in a commercial corridor along an arterial roadway.
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 The proposed microbrewery will be addressed on an arterial roadway, US Highway 90/North Davis Highway. The 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 The property project is proposing one access point at North Davis Highway. All access points will be further reviewed 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 Staff does not find any anticipated nuisances or hazards associated with the proposed use.
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 requirements 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.
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 use will be situated on the northern portion of the property, oriented towards Davis Hwy. and away from the residential uses to the south.
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 with the following condition: The project must meet all conditions imposed through the Site Plan Review process.
BOA DECISION
The Board accepted Staff Findings and approved the Conditional Use as submitted.

Attachments
Working Case File #CU-2016-01