Agenda


AGENDA ESCAMBIA COUNTY BOARD OF ADJUSTMENT May 16, 2018–8:30 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 witness

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 Resume Minutes.

Approval of Resume Meeting Minutes from the April 18, 2018 Board of Adjustment Meeting.

Consideration of the following cases:

Case No.: V-2018-03

Address:	3800 Pine Forest Road
Request:	Variance to the required 10' sign setback for the replacement of an existing sign
Requested by:	R. Todd Harris, Agent for Milestone Baptist Church, Inc., Owner

Case No.: V-2018-04

Address:	14118 Gorham Road
Request:	Variance to reduce the eastern side setback for a pier from 6.8 feet to 0.5 of a foot
Requested by:	Clay Carrington, Owner

Case No.: CU-2018-05

Address:	308 Massachusetts Avenue
Request:	Conditional use to allow automobile sales, used autos only
Requested by:	Dina and Leonid Gutu, Agents for Marion and Jerrell Gorum, Owners

Case No.: CU-2018-06

Address:	9500 Block of Scenic Highway
Request:	Conditional Use to allow a townhouse development in MDR zoning
Requested by:	Wiley C. "Buddy" Page, Agent for Charles E. Clevenger, Owner

Discussion Items.

Old/New Business.

Announcement.

The next Board of Adjustment Meeting is scheduled for Wednesday, Month day, 2017 at 8:30 a.m., at the Escambia County Central Office Complex, Room 104, 3363 West Park Place.

10.

Adjournment.


Board of Adjustment		5. A.
Meeting Date:	05/16/2018

Attachments
Draft April 18, 2018 Board of Adjustment Meeting Minutes


Board of Adjustment		6. A.
Meeting Date:	05/16/2018
CASE:	V-2018-03
APPLICANT:	R. Todd Harris, Agent for Milestone Baptist Church, Inc., Owner
ADDRESS:	3800 Pine Forest Road
PROPERTY REFERENCE NO.:	01-1S-31-0100-000-050
ZONING DISTRICT:	MDR, Medium Density Residential district
FUTURE LAND USE:	MU-U, Mixed-Use Urban

SUBMISSION DATA:
REQUESTED VARIANCE: The Applicant is seeking a variance to the required 10' sign setback for the replacement of an existing sign. The request would allow the replacement to be in the existing location which is 3' from the property line. RELEVANT AUTHORITY: Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 5-8.7(1) Sec. 5-8.7 On-premises signs. (1) Nonresidential uses. Includes houses of worship, educational institution, library, community center and civic organization and other permitted nonresidential uses. (Note: Home occupations are accessory to the principal activity and signage is specifically not allowed. Permitted signs are: One sign: Area maximum, freestanding . . . 32 sq. ft. OR Area maximum, wall . . . 10% of the wall surface facing the roadway not to exceed 200 sq. ft. Height maximum . . . 6 ft. From grade Setback minimum . . . 10 ft. 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 existing sign was built prior to the setback requirement and faces some unique challenges stemming from the covenants and restrictions imposed by the subdivision this parcel falls within. The restrictions require the trees along the right-of-way to remain along with a white picket fence along the right-of-way. These conditions would severely limit the visibility of a sign located with the current setback.
CRITERION (2)
The special conditions and circumstances do not result from the actions of the applicant. FINDINGS-OF-FACT The special conditions are not a result of any actions on the part of the applicant but do limit the visibility of a replacement sign at the current setback.
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 this variance would not confer any special privilege that is denied by the 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 Strict application of the code would severely limit the visibility and functional use of a replacement sign. This creates an undue hardship on this 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 required to replace the sign at the current location given the unique hardships on the land.
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 requested variance will be consistent with the general 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 RECOMMENDS Staff finds that the application meets all of the required criteria for the granting of a variance and recommends approval of the 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


Board of Adjustment		6. B.
Meeting Date:	05/16/2018
CASE:	V-2018-04
APPLICANT:	Clay Carrington, Owner
ADDRESS:	14118 Gorham Road
PROPERTY REFERENCE NO.:	14-3S-32-3000-110-010
ZONING DISTRICT:	MDR, Medium Density Residential district
FUTURE LAND USE:	MU-S, Mixed-Use Suburban

SUBMISSION DATA:
REQUESTED VARIANCE: The Applicant is seeking a variance to reduce the eastern side setback for a pier from 6.8 feet to 0.5 of a foot. RELEVANT AUTHORITY: Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: DSM 3-1 (a) 3-1 Design Standards (a) 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 “f”, below). However, the minimum setback shall not be less than five feet and a maximum of twenty 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 2-6.3 (b)
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 property was part of a tax parcel created by the combination of multiple lots from a platted subdivision. In 2015 land use approval was granted to construct a pier on the parent parcel with setbacks based on the width of that parcel and an electrical permit was issued for a boat lift. Following that action, this property was split from that parent parcel and is now back in its original configuration as Lot 11 Block 10 Sunset Bayou Subdivision and was purchased by the Applicant in March of 2016. In April of 2016, land use approval was again sought for the pier with a different layout but still based on the original parcel width. Neither of the pier plans submitted to the County match either the current property boundaries or the pier as constructed. While these actions complicate this matter, the pier could be modified to meet the regulations and to come into conformance with the plan approved by staff. For that reason, Staff does not find special circumstances that require a variance in this case.
CRITERION (2)
The special conditions and circumstances do not result from the actions of the applicant. FINDINGS-OF-FACT The previous owner was twice approved to build a pier on site based on the previous parcel width, not on the current width. Those actions are not the fault of the Applicant but the expansion of the pier complex beyond what was approved by staff is a self created hardship.
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 would not in itself confer a special privilege that other properties wouldn't be able to seek through this Board.
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 Given the history of the land split, strict application of the code would create a hardship to the plan approved by staff, but not a hardship to the construction done beyond the approved plans.
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 would be the minimum necessary to allow the structure without modification.
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 setback variance is allowed for by the code with BOA approval and shouldn't be detrimental to surrounding properties.
STAFF RECOMMENDATION:
Staff finds that the request does not meet all of the required criteria, specifically criteria 1, 2, and 4 and the recommendation is for denial. Should the Board approve the request, it must be noted that the variance is for the eastern side pier setback only. Piers are the only accessory structures the LDC allows without a primary structure on site.The request would not cover any un-permitted structures or other work done on site.
BOA DECISION
BOARD OF ADJUSTMENT FINDINGS: The Board amended staff's findings and approved the east side dock setback variance request as requested.

Attachments
Working Case File


Board of Adjustment		6. C.
Meeting Date:	05/16/2018
CASE:	CU-2018-05
APPLICANT:	Dina and Leonid Gutu, Agents for Marion and Jerrell Gorum, Owners
ADDRESS:	308 Massachusetts Avenue
PROPERTY REFERENCE NO.:	46-1S-30-2001-004-031, 46-1S-30-2001-008-031, 46-1S-30-2001-010-031
ZONING DISTRICT:	Com, Commercial
FUTURE LAND USE:	MU-U, Mixed-Use Urban
OVERLAY DISTRICT:	Palafox Redevelopment Area

SUBMISSION DATA:
REQUESTED CONDITIONAL USE: Conditional use to allow automobile sales, used autos only. RELEVANT AUTHORITY: Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section:3-2.10.c.2.b 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 use can be conducted and operated in a manner that is compatible with adjacent properties and other properties in the immediate area as it has been utilized as a commercial in the past. There is a mix of commercial and residential uses in the immediate area. This site was previously approved for a conditional use for used automobile sales in October 2011, yet this approval has expired as the Development Review process was not complete. Additionally, this site is in the Palafox Overlay CRA. The Palafox Overlay does not modify the conditional uses of any underlying zoning districts per Sec.3-3.6(c) of the Land Development Code. Any site and building improvements are to comply with all provisions of the Land Development Code, including the Palafox Overlay standards, and will be reviewed during the site plan review process.
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 Public services and facilities are available. The applicant states that ECUA provides existing water and sewer services.
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 This site has ingress and egress from Massachusetts Ave and appears to be sufficient for the proposed use. Additional requirements will be evaluated 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 anticipated to create any adverse impacts on the adjoining properties or other properties 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 Solid waste service is currently available on the subject property and will be further addressed during the site plan review process.
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 conditional use approval for used auto sales in the Commercial district require a "permanent fence, wall, or other structural barrier of sufficient height and mass along all road frontage to prevent encroachment into the right-of way other that through approved site access." (Sec. 3-2.10 Commercial district (Com)c.2.b.) There is currently a fence along the road frontage of the site. Additional screening and buffering 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 Any proposed signs and lighting will require a valid Escambia County permit and adhere to the Escambia County Land Development Code. All signage and lighting requirements will be further evaluated during the Site Plan Review process.
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 of the site appear adequate to accommodate the proposed use. Additional requirements will be evaluated 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 use will comply with additional conditional use requirements of the zoning district and other provisions of the LDC.
STAFF FINDINGS
Staff recommends that the Board approve the proposed Conditional Use with the following condition: • Site plan approval by the Development Review Committee.
BOA DECISION
BOARD OF ADJUSTMENT FINDINGS The Board adopted staff's findings and approved the request with the DRC condition.

Attachments
Working Case File


Board of Adjustment		6. D.
Meeting Date:	05/16/2018
CASE:	CU-2018-06
APPLICANT:	Wiley C. "Buddy" Page, Agent for Charles E. Clevenger, Owner
ADDRESS:	9500 Block of Scenic Highway
PROPERTY REFERENCE NO.:	02-1S-29-2006-000-000
ZONING DISTRICT:	MDR, Medium Density Residential district
FUTURE LAND USE:	MU-U, Mixed-Use Urban
OVERLAY DISTRICT:	Scenic Highway

SUBMISSION DATA:
REQUESTED CONDITIONAL USE: Based on the application, the owner is requesting a Conditional Use to allow a townhouse development in MDR zoning. RELEVANT AUTHORITY: Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section:Sec. 3-2.7 (c)(1)d (c) Conditional uses. Through the conditional use process prescribed in Chapter 2, the BOA may conditionally allow the following uses within the MDR district: (1) Residential. a. Accessory dwellings on lots less than one acre. b. Group living, excluding residential facilities providing substance abuse treatment, post-incarceration reentry, or similar services. c. Home occupations with non-resident employees. d. Townhouses not among the permitted uses of the district. CRITERIA: Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section 2-6.4 Sale of Alcohol, Section 4-7.5(e)
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 existing Medium Density Residential (MDR) zoning district is found along Scenic Highway, North and South, and it's the predominant zoning along the East side of the highway. Based on staff's observations, the current surrounding existing development is single-family residences; however, under the permitted uses, the MDR district does allow for multi-family units under certain pre-existing conditions. Depending on the proposed location of the slightly higher intensity use, townhomes, versus single-family residences, accommodations could be made to provide the necessary buffering to protect the lower intensity development. The Land Development Code (LDC), does provide guidelines addressing adverse impacts on adjacent properties and the need to minimize or eliminate those impacts. As the property is also located under the Scenic Highway Overlay, all of the additional requirements under the Overlay will be reviewed and implemented. If the Conditional Use is approved the project will have to meet all of the LDC requirements and ultimately receive a Development Order (DO), from the Development Review Committee (DRC).
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 Based on the application, ECUA will provide water and solid waste. The application also mentioned septic tank installation. Public facilities and services will be addressed during the Site Plan Review process of the DRC. The applicant will have to meet all of the current requirements for development.
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 Based on the applicant's documents, it appears that access is proposed from Scenic Highway; once the project is submitted thru the Site Plan Review process, a determination will be made on the exact access location for the project. The project is located under the Scenic Highway Overlay, which provides very specific guidance on the orientation for access, setbacks, multi-use paths and the specific layout of parking and service areas to minimize impact on other residential developments. All of these requirements will be analyzed and approved 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 If the Conditional Use is approved, the proposal will be reviewed thru the Site Plan Review process using the current LDC standards for development.
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 The proposed location of all solid waste containers and the functionality will be reviewed during the Site Plan Review process.
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 project will have to meet all of the standard LDC screening and buffering standards and also comply with the enhanced requirements as listed under the Scenic Highway Overlay.
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 Any proposed signs and lighting will be reviewed during the Site Plan Review process using the current LDC regulations.
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 Based on the applicant's documentation, the engineer received favorable results during the pre-application DRC review. If approved, the owner must submit a formal application for review thru the Site Plan Review process; at this point, the engineer will have to submit a more detailed site plan addressing all of the requirements under the LDC.
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 If approved, the proposed use will comply with all of the LDC requirements to include the enhanced Scenic Highway Overlay standards.
STAFF FINDINGS
Staff finds that the applicant's request could meet all of the Conditional Use requirements, as stated above. If the Conditional Use is approved, then the applicant must submit a formal application to the Development Review process and receive a Development Order in a timely manner.
BOA DECISION
BOARD OF ADJUSTMENT FINDINGS THe Board adopted staff's findings and approved the request with the DRC condition.

Attachments
Working Case File