Agenda


AGENDA ESCAMBIA COUNTY BOARD OF ADJUSTMENT September 12, 2012–8:30 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 July 18, 2012 Resume Minutes

Consideration of the following cases:

Case No.: V-2012-10

Address:	720 N. Navy Blvd.
Request:	Variance for landscaping
Requested by:	John D. Gilbert, Agent for Navy Crossings, LLC.

Case No.: V-2012-11

Address:	3450 Stefani Rd.
Request:	Rear setback variance
Requested by:	Charles Davis

Case No.: V-2012-12

Address:	14254 & 14250 Perdido Key Dr.
Request:	Variance to parking requirements
Requested by:	David J. Pinder, Agent for Junior Food Stores of West Florida, Inc. and Sandra O' Gara

Agenda Item 3003/2 has been deleted. Please remove this line from the agenda.

Agenda Item 3005/2 has been deleted. Please remove this line from the agenda.

Discussion Items.

Old/New Business.

Announcement.

The next Board of Adjustment Meeting is scheduled for Wednesday, October 10, 2012 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:	09/12/2012

Attachments
7-18-12 Resume Minutes


Board of Adjustment		6. A.
Meeting Date:	09/12/2012
CASE:	V-2012-10
APPLICANT:	John D. Gilbert, Agent for Navy Crossings, LLC
ADDRESS:	720 N. Navy Blvd.
PROPERTY REFERENCE NO.:	52-2S-30-2501-000-008
ZONING DISTRICT:	C-1, Retail Commercial
FUTURE LAND USE:	C, Commercial

SUBMISSION DATA:
REQUESTED VARIANCE: The Applicant is seeking a variance to the 5 foot landscape requirement along both side property lines. RELEVANT AUTHORITY: Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 7.01.05.N.1 1. Vehicular areas. All such vehicular use areas. other than public rights-of-way, designed to be used for parking or movement of vehicular traffic, shall be sparated by a landscaped strip for any boundary ofthe property on which the vehicular use area is located. Such landscaped strip shall not be less than 5 feet in width. 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 site was originally designed as a fast food restaurant with a drive thru. The redevelopment will continue this use and keep the existing traffic flow. Reconfiguring the parking to accomodate the current side landscape requirement does present practical difficulties and will reduce the vehicle manuvering area.
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 requested variance is necessary for the existing parking and traffic flow to remain as originally designed.
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 keep the original parking and vehicle manuvering areas at their current size and configuration. STAFF RECOMMENDATION: Staff recommends that the Board approve the requested variance with the condition that the contents of the side landscaping be relocated to the front and rear landscaped areas. BOARD OF ADJUSTMENT FINDINGS: The Board adopted staff's findings and approved the variance with the listed condition.

Attachments
V-2012-10


Board of Adjustment		6. B.
Meeting Date:	09/12/2012
CASE:	V-2012-11
APPLICANT:	Charles Davis
ADDRESS:	3450 Stefani Rd.
PROPERTY REFERENCE NO.:	01-1S-31-1001-004-003
ZONING DISTRICT:	R-R, Rural Residential
FUTURE LAND USE:	MU-S, Mixed Use Suburban

SUBMISSION DATA:
REQUESTED VARIANCE: The Applicant is seeking a variance to reduce the rear yard setback to 20 feet from 40 feet. RELEVANT AUTHORITY: Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 6.05.02.E.5 5. Rear Yard. The minimun rear yard shall not be less than 40 feet in depth. CRITERIA Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section 2.05.00
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 property in question is a legal non-conforming lot of record, having been platted in 1958, prior to the zoning ordinance. The lot is half the minimum size required by the zoning district and the setbacks were never intended for a lot of this size. The requested setback would allow for the construction of a home in the footprint of the original home on site and preserve the trees at the front of the lot.
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 requested variance is necessary for the preservation and enjoyment of a substantial property right given the size of the lot and the zoning setbacks.
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 necessary to make use of the lot in the manner it was originally platted. STAFF RECOMMENDATION: Staff recommends that the Board approve the variance as requested. BOARD OF ADJUSTMENT FINDINGS: The Board adopted staff's findings and approved the varaince as submitted.

Attachments
V-2012-11


Board of Adjustment		6. C.
Meeting Date:	09/12/2012
CASE:	V-2012-12
APPLICANT:	David J. Pinder, Agent for Junior Food Stores of West Florida, Inc. and Sandra O' Gara
ADDRESS:	14254 & 14250 Perdido Key Dr.
PROPERTY REFERENCE NO.:	14-3S-32-1001-001-083, 14-3S-32-1001-000-083
ZONING DISTRICT:	C-1PK, Perdido Key Commercial
FUTURE LAND USE:	MU-PK, Mixed Use Perdido Key

SUBMISSION DATA:
REQUESTED VARIANCE: As part of a redevelopment project, the Appplicant is seeking to reduce the required number of parking spaces from 46 to 35. RELEVANT AUTHORITY: Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 7.02.00.C.15 15. Restaurants (not drive-in) and bars. One space for each 50 square feet of floor area used for customer service with a minimum of 20 spaces. CRITERIA Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section 2.05.00
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”. This existing retail development covers 2 parcels with a shared parking lot. The parking lot covers the entire front of the property and there is no room for expansion. This unique physical arrangement presents difficulties in changing any of the internal uses as each use has a different parking requirement.
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 physical features of the exisiting 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 Thr requested parking variance is the minimum necessary given the physical limitations present in the redevelopment of this site. STAFF RECOMMENDATION: Staff recommends that the Board approve the variance as submitted. BOARD OF ADJUSTMENT FINDINGS: The Board granted a continuance to the October 2012 meeting. The case was withdrawn by staff

Attachments
V-2012-12