Agenda


Board of Adjustment		5.
Meeting Date:	06/20/2012

Information

Attachments
May 16, 2012 Draft Resume


Board of Adjustment		6. A.
Meeting Date:	06/20/2012
CASE:	CU-2012-09 (Withdrawn)
APPLICANT:	PowerSouth Energy Cooperative, Agent for Jamie S. Hall, Owner
ADDRESS:	400 HWY 99-A
PROPERTY REFERENCE NO.:	335N321330000000
ZONING DISTRICT:	VAG-2
FUTURE LAND USE:	AG
OVERLAY DISTRICT:

Information
SUBMISSION DATA:
REQUESTED CONDITIONAL USE: Insert request info here RELEVANT AUTHORITY: Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section:xxx 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
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
CRITERION (3)
Solid Waste. Refuse and service areas with particular reference to concurrency requirements and items (1) and (2) above. FINDINGS-OF-FACT
CRITERION (4)
Utilities. Utilities with reference to concurrency requirements, location, availability and compatibility with surrounding land uses. FINDINGS-OF-FACT
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
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
CRITERION (7)
Environment impact. Impacts to protected trees, wetlands, water bodies, stormwater management or other natural features of the subject parcel. FINDINGS-OF-FACT
CRITERION (8)
Neighborhood impact. General compatibility with adjacent properties and other property in the immediate area. FINDINGS-OF-FACT
CRITERION (9)
Other requirements of Code. The proposed Conditional Use is consistent with all other relevant provisions of this Code. FINDINGS-OF-FACT
STAFF RECOMMENDATION
Place staff recommendation here BOARD OF ADJUSTMENT FINDINGS:

Attachments
No file(s) attached.


Board of Adjustment		6. C.
Meeting Date:	06/20/2012
CASE:	V-2012-07
APPLICANT:	Donald P. Jehle, Agent for McKibbon Brothers, Inc.
ADDRESS:	487 Creighton Road
PROPERTY REFERENCE NO.:	30-1S-30-6103-000-000, 30-1S-30-6102-000-000
ZONING DISTRICT:	C-2, General Commercial and Light Manufacturing District
FUTURE LAND USE:	C, Commercial

Information
SUBMISSION DATA:
REQUESTED VARIANCE: The applicant is requesting a 300 square foot sign variance to increase the allowable freestanding and wall signage area from 600 square feet to 900 square feet. RELEVANT AUTHORITY: Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 8.07.03 A&B.04.b, 8.07.05 8.07.03. Commercial and industrial zones. The following permanent on premises signs shall be permitted in commercial and industrial zones including C-1, C-1PK (see section 8.08.03.B), C-2, ID-P, ID-1, ID-2, and R-6 commercial establishments only: A. New commercial buildings. Total allowable square footage of signage per zone lot: 1.5 square feet of signage (wall and freestanding) per lineal foot of addressed street frontage. Minimum allowable sign area per zone lot is 100 square feet (*see note on corner lot signage). A master sign plan must be submitted to the development review committee as part of the overall approval process. B. Existing commercial buildings. Total allowable square footage of freestanding signs and wall signs are calculated separately. Freestanding signs: The maximum square footage of freestanding signs per zone lot is 1.0 square feet of signage per lineal foot of the addressed street frontage. Minimum allowable sign area per zone lot is 100 square feet. 4. Number of signs permitted: b. One additional freestanding sign will be allowed for each full acre in parcel size above two acres. All signs on a single parcel must have a minimum spacing between signs of 200 feet measured continuously along the rights-of-way through common point or points from the closest parts of any two signs. The maximum total number of freestanding signs per zone lot is four. 8.07.05. Wall signs. The maximum square footage for a wall sign shall not exceed ten percent of the wall surface facing the addressed street. For those businesses with more than one store front, the maximum square footage for a wall sign shall not exceed 15 percent of the wall surface facing the addressed street. Any one sign shall not exceed 200 square feet. The wall surface shall be measured by determining the total vertical wall surface and the horizontal wall surface and can include the roof surface when the roof slope is steeper than 45 degrees. Signs painted on the wall surface shall require a land use certificate but shall not require a building permit. A. New commercial businesses. The square footage of wall signs are deducted from the total allowable square footage permitted for the zone lot (see section 8.08.03). CRITERIA Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section 6.05.05.F.5
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 project is unique in that the assigned address is Creighton Road and not Burgess Road. The signage calculations are based on the assigned street address, Creighton Road. If the assigned street address was assigned on Burgess Road, no variance would be needed. Springhill Suites fronts Burgress Road not Creighton Road. The Creighton street access for Springhill Suites has a ingress and egress eassement that leads across the subject property to Burgress Road where signage is allowable. The signage is needed along Creighton Road for the access point and street address off of Creighton Road.
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 that would normally be associated with a commercial development.
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 variance is necessary given the limitations of the site being built on Burgess Road with the main access point being address and off Creighton Road. The allowable signage wouldn't need a variance if Springhill Suites was addressed off Burgress Road. STAFF RECOMMENDATION: Section 2.05.02 of the LDC specifies, "No variance shall be authorized under this provision unless the BOA finds that all of the required conditions exist." Staff finds that the applicant does meet all of the required criteria for the granting of a variance. BOARD OF ADJUSTMENT FINDINGS: The Board adopted Staff's findings and approved the variance as submitted.

Attachments
V-2012-07 Case File


Board of Adjustment		6. D.
Meeting Date:	06/20/2012

Information

I. SUBMISSION DATA:

APPLICANT:	Jesse W. Rigby, Esq., Agent for ADX Communications of Escambia, LLC & Relax Hospitality, LLC
DATE OF ADMINISTRATIVE DECISION:	May 25, 2012
DATE OF APPEAL APPLICATION:	May 29, 2012
PROJECT ADDRESS:	7253 Plantation Rd.
PROPERTY REFERENCE NO.:	30-1S-304101-010-002
ZONING DISTRICT:	C-2
FUTURE LAND USE:	Commercial

III. REQUESTED APPEAL::

Appeal of the issuance of building permits BD120502393 and BD120502394

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.

At the April 18, 2012 Board of Adjustment (BOA) meeting, the Board voted 4-2 to reverse the staff denial of the Change of Use permit. Based on the decision of the BOA, the owner applied for building permits on May 18, 2012. The permits applied for were: BD120502393 (Building alteration), BD120502394 (Building addition). The permits were issued by the county on May, 25, 2012.

May 29, 2012 an appeal of those 2 permits was filed by Jesse W. Rigby, Esq., Agent for ADX Communications of Escambia, LLC & Relax Hospitality, LLC. A hold was placed on the permits May 31, 2012 per LDC 2.02.04.

Attachments
AP-2012-02 Case File


AGENDA ESCAMBIA COUNTY BOARD OF ADJUSTMENT June 20, 2012–8:30 a.m. Escambia County Central Office Complex 3363 West Park Place, Room 104