Agenda


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

Call to Order.

Swearing in of Frederick J. Gant 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 February 19, 2014 Resume' Minutes.

Consideration of the following cases:

Case No.: AP-2012-01

Address:	7253 Plantation Rd
Requested Appeal:	Remanded Appeal of the Denial of Change of Use Permit #PLU120300315 (Based on Planning Board Interpretation # 2012-01)

Case No.: V-2014-02

Address: 4500 Baywalk Circle
Request: Scenic Highway Setback
Requested by: Donald J. Weber, Agent for Eyad Abdelqader

Case No.: CU-2014-02

Address: 14140 River Road
Request: Conditional Use Request for a Commercial Recreational Facility
Requested by: Tom Hammond, Agent for Terra Cane, LLC

Discussion Items.

Old/New Business.

10.

Announcement.

The next Board of Adjustment Meeting is scheduled for Wednesday, April 16, 2014 at 8:30 a.m., at the Escambia County Central Office Complex, Room104, 3363 West Park Place.

11.

Adjournment.


Board of Adjustment		3.
Meeting Date:	03/19/2014


Board of Adjustment		6.
Meeting Date:	03/19/2014

Attachments
Draft Resume 02-19-14


Board of Adjustment		7.
Meeting Date:	03/19/2014


Board of Adjustment		7. 1.
Meeting Date:	03/19/2014

I. SUBMISSION DATA:

APPLICANT:	Kerry Anne Schultz, Esq., Agent for CNL Funding 2000-A, LP and C.E.J. South, Inc
DATE OF ADMINISTRATIVE DECISION:	March 7, 2012
DATE OF APPEAL APPLICATION:	March 12, 2012
PROJECT ADDRESS:	7253 Plantation Rd
PROPERTY REFERENCE NO.:	30-1S-30-4101-010-002
ZONING DISTRICT:	C-2
FUTURE LAND USE:	Commercial

III. REQUESTED APPEAL::

Appeal of the denial of Change of Use Permit #PLU120300315 (Based on Planning Board Interpretation # 2012-01)

BOARD ACTION:

The Board voted 4-2 to reverse the staff denial, finding that the action by staff was arbitrary and capricious.

III. RELEVANT APPEAL AUTHORITY:

Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section: 2.04.00 & 2.04.01

Sections 2.04.00, Appeal of Administrative Decisions and 2.04.01, Procedures for the Appeal of Administrative Decisions of the Escambia County Land Development Code (Ordinance No. 96-3 as amended), provide the relevant authority for the BOA’s review of administrative decisions.

A. The BOA is authorized to hear and to rule upon any appeal made by those persons aggrieved by administration of this Code. An administrative decision, or staff interpretation, shall not be reversed, altered, or modified by the BOA unless it finds that:

1. A written application for the appeal was submitted within 15 days of the administrative decision or action indicating the section of this Code under which said appeal applies together with a statement of the grounds on which the appeal is based; and

2. That the person filing said appeal has established that the decision or action of the administrative official was arbitrary and capricious; or

3. An aggrieved party who files an appeal of a decision of the DRC approving or approving with conditions a development plan application, must show, by competent substantial evidence that:

(i) The decision of the DRC is not in compliance with the Comprehensive Plan or the Land Development Code;

(ii) Their property will suffer an adverse impact as a result of the development approval decision;

(iii) The adverse impact must be to a specific interest protected or furthered by the Comprehensive Plan or the Land Development Code; and

(iv) It must be greater in degree than any adverse impact shared by the community at large.

4. In the event the owner, developer, or applicant is aggrieved or adversely affected by a denial of a development plan application or the imposition of conditions, the owner, developer or applicant filing the appeal must show, by competent substantial evidence, that the denial of the development plan or the imposition of conditions is neither required nor supported by the Comprehensive Plan or the Land Development Code or the application of technical design standards and specifications adopted by reference in the Code, or Concurrency Management Procedures and is, therefore, arbitrary and capricious.

IV. BACKGROUND INFORMATION

On December 20, 2011 Mr. Christian Jensen requested zoning verification for the subject site with a proposed use of crematory/funeral home. Development Services staff verified the site as having C-2 zoning and that the requested use would be allowed based on initial review. As the prior use on site was a restaurant, the proposed change of use would need to comply with the County site plan review process.
Based on further staff review of the proposed use, it was determined that the crematory would not be allowed in C-2 zoning. Mr. Jensen was contacted by staff in February 2012 and subsequently applied for a Planning Board Interpretation of the Land Development Code (LDC) regulation.
At the February 13, 2012 Planning Board meeting, the Board determined that crematoriums located within a funeral home are not a permitted use in C-2 zoning (Planning Board Interpretation # 2012-01).
Based on discussion with staff regarding appeal options, the property owner (CNL Funding) applied for a change of use from restaurant to funeral home with crematory. On March 7, 2012 the application was denied by staff based on Planning Board Interpretation # 2012-01. On March 12, 2012 the applicant filed for an Administrative Appeal of the Change of Use permit denial.

Attachments
Remanded AP2012-01


Board of Adjustment		7. 2.
Meeting Date:	03/19/2014
CASE:	V-2014-02
APPLICANT:	Donald J. Weber, Agent for Eyad Abdelqader
ADDRESS:	4500 Baywalk Circle
PROPERTY REFERENCE NO.:	03-1S-29-1000-000-010
ZONING DISTRICT:	R-1, Single Family District
FUTURE LAND USE:	MU-U, Mixed-Use Urban

SUBMISSION DATA:
REQUESTED VARIANCE: The Applicant is seeking a 25 foot variance to the Scenic Highway Overlay District right-of-way setback. The variance would reduce the east side setback from 50 to 25 feet. RELEVANT AUTHORITY: Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 6.07.06.D. D. Setback. All structures shall be located a minimum of 50 feet from the Scenic Highway right-of-way unless precluded by lot configuration or topography. CRITERIA Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section 2.05.02
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 subject property is one of two corner lots in Baywalk Subdivision, platted prior to adoption of the Land Development Code (LDC) and the Scenic Highway Overlay(SHO) district. The property is unique in both its orientation and size, creating practical difficulties in placing a house on the site. Unlike the other corner lot, the subject property is oriented east/west with the natural front yard facing north. In addition, this lot is the smallest in the subdivision and has a much smaller buildable area than the other 9 lots in the subdivision. Because of these factors, the imposition of the overlay setback reduces the buildable area to a size out of character with the rest of the subdivision and presents a unique hardship.
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 for the preservation and enjoyment of a substantial property right given the unique limitations of the site.
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 The requested variance is the minimum necessary to build a house in a similar manner as others in the subdivision given the limitations of the site. STAFF RECOMMENDATION: Staff finds that the Applicant meets all of the required criteria and recommends approval as requested. BOARD OF ADJUSTMENT FINDINGS: The Board adopted Staff's findings and approved the variance as requested.

Attachments
Working Case File V-2014-02


Board of Adjustment		7. 3.
Meeting Date:	03/19/2014
CASE:	CU-2014-02
APPLICANT:	Tom Hammond, Agent for Terra Cane, LLC
ADDRESS:	14140 River Road
PROPERTY REFERENCE NO.:	14-3S-32-1001-070-140
ZONING DISTRICT:	C-1PK, Perdido Key Commercial District
FUTURE LAND USE:	MU-PK, Mixed-Use Perdido Key
OVERLAY DISTRICT:	N/A

SUBMISSION DATA:
REQUESTED CONDITIONAL USE: The Applicant is seeking Conditional Use Approval for a proposed commercial recreation facility. RELEVANT AUTHORITY: Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section:6.05.15.C.1. 1. Commercial amusement and commercial recreational facilities, including miniature golf courses. 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 Ingress and egress will be via a connection to River Rd. The proposed parking arrangement, number of spaces and fire department access will be reviewed in 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 The scale of the proposed use along with buffering standards imposed through site plan review should limit any adverse impacts associated with the use.
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 by the owner or operator of the use.
CRITERION (4)
Utilities. Utilities with reference to concurrency requirements, location, availability and compatibility with surrounding land uses. FINDINGS-OF-FACT Utilities are available to the site and will be secured by the owner or operator of the use.
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 While the parcel in question is zoned commercial, it abuts residential zoning and will need to meet the buffering standards imposed through the site plan review.
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 signage associated with the proposed use will need to be permitted through the county and meet the standards of LDC Article 8.
CRITERION (7)
Environment impact. Impacts to protected trees, wetlands, water bodies, stormwater management or other natural features of the subject parcel. FINDINGS-OF-FACT Environmental impacts will be addressed at the site plan review stage and must meet county and outside agency standards.
CRITERION (8)
Neighborhood impact. General compatibility with adjacent properties and other property in the immediate area. FINDINGS-OF-FACT While the site is adjacent to a residence, it is zoned commercial and there are other recreation facilites in the immediate area. A golf course is across River Rd., a marina is to the north and a county kayak launch/park is to the south.
CRITERION (9)
Other requirements of Code. The proposed Conditional Use is consistent with all other relevant provisions of this Code. FINDINGS-OF-FACT LDC section 6.08.02.E provides addtional conditional use review standards for recreation facilities and the proposed use can meet all of those standards.
STAFF RECOMMENDATION
Staff finds that the proposed use can meet all of the required criteria and approval is recommended. BOARD OF ADJUSTMENT FINDINGS: The Board adopted Staff's findings and approved the conditional use as requested.

Attachments
Working Case File CU-2014-02