Agenda


AGENDA ESCAMBIA COUNTY BOARD OF ADJUSTMENT October 10, 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 September 12, 2012 Resume Minutes.

Consideration of the following cases:

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

Case No.: V-2012-13

Address:	7420 W Nine Mile Rd
Request:	Reducation in the 10 foot lanscaping buffering on the East and West side of the property to a (five) 5 foot landscaping buffering.
Requested by:	Paul J. Roberts, Owner

Case No.: V-2012-14

Address:	8891 Burning Tree Rd.
Request:	Replace a temporary sign with permanent sign larger than three square feet.
Requested by:	Dr. James R. Barnett, Agent for UWF Business Enterprises, Inc.

Case No.: V-2012-15

Address:	1593 Bulevar Menor
Request:	Seeking variances to pier requirements specific to Santa Rosa Island
Requested by:	Keith Johnson, Agent for Tim Jones

Case No.: CU-2012-12

Address:	2105 E Olive Rd
Request:	Seeking conditional use approval for a bar in C-1 zoning.
Requested by:	Larry Richardson, Agent for Willaim Waller, Owner

Case No.: CU-2012-13

Address:	5625 Segura Ave
Request:	Applicant request a Conditional Use for the sale of boats in C-1.
Requested by:	Emile T. Petro, Agent for Stuart Kaplan and Gail Taylor

Case No.: CU-2012-14

Address:	60 W. Nine Mile Rd
Request:	On premise alcohol consumption within 1000' of child care facility.
Requested by:	Gil Osterloh, Agent for Ensley Shopping Center, LTD

Case No.: CU- 2011-11 (Remanded)

Location:	9100 Eight Mile Creek Rd.
Request:	Recreational Facility in R-1 zoning
Requested by:	T. A. Borowski, Jr. Agent for East Hill Christian School, Owners

BOARD OF ADJUSTMENT FINDINGS:

The Board adopted staff's findings and approved the conditional use as requested.

Discussion Items.

Old/New Business.

Announcement.

The next Board of Adjustment Meeting is scheduled for Wednesday,November 14, 2012 at 8:30 a.m., at the Escambia County Central Office Complex, Room104, 3363 West Park Place.

10.

Adjournment.


Board of Adjustment		5.
Meeting Date:	10/10/2012

Attachments
9-12-12 Resume Minutes


Board of Adjustment		6. A.
Meeting Date:	10/10/2012
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 The 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 case was withdrawn by staff at the hearing.

Attachments
V-2012-12


Board of Adjustment		6. B.
Meeting Date:	10/10/2012
CASE:	V-2012-13
APPLICANT:	Paul J. Roberts, Owner
ADDRESS:	7420 W Nine Mile Rd
PROPERTY REFERENCE NO.:	01-1S-32-4303-001-002
ZONING DISTRICT:	R-6
FUTURE LAND USE:	MU-S

SUBMISSION DATA:
REQUESTED VARIANCE: The applicant is seeking to reduce the required ten foot landscaping buffer on both sides of the property to five feet . The applicant is also seeking to remove the ten foot front landscaping buffer. In addition, the applicant is seeking a variance to reduce the required nine parking spaces down to six. RELEVANT AUTHORITY: Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 7.02.06.A.2 & 7.02.06.C & 7.02.06.D & 7.01.05.K A. Zoning districts. The following spatial relationships between zoning districts require a buffer: 2. AMU-1, AMU-2, R-4, R-5, R-6, V-4, VM-1, or VM-2 districts, where they are adjacent to single-family or two-family districts (RR, SDD, R-1, R-1PK, R-2, R-2PK, R-3, V-1, V-2, V-2A, V-3, V-5, VR-1, VR-2). C. Responsibility for buffer. For buffers on parcels between zoning districts, the property owner requesting approval of a site plan or a building permit shall be responsible for providing and maintaining said buffer. D. Buffer standards. 1. Function. Buffers shall be designed to protect the lower intensity use from the more intensive use (agriculture from residential, residential from commercial, etc.) and provide an aesthetically attractive barrier between such uses. The buffer shall function to protect each land use from the intrusive effects of adjacent activities and minimize the adverse impacts of the uses upon each other. It is the intent of this part that the negative impacts of the uses upon each other are minimized or, preferably, eliminated by the buffer such that the longterm continuance of either use is not threatened by such impact and, therefore, incompatibility between uses is minimized or eliminated. 2. Type. The buffer shall be a natural vegetative barrier or a landscaped barrier or combination thereof, supplemented with fencing or other manmade barriers within the required landscaped strip. These landscaped strips shall be of a minimum of ten feet in width and shall be landscaped for every 100 linear feet with plant coverage following Standard A-2 (for a ten-foot wide strip). Natural barriers proposed to remain shall meet these minimum requirements or the applicant must provide evidence that the existing natural barrier will fulfill the intent of subpart 1. 7.01.05. Landscaping standards. To ensure attainment of the objectives of this article and to ensure that design standards will be met in the event that a landscaping plan is required pursuant to section 7.01.03A, development and revegetation of altered sites shall be consistent with the following standards: K. Front perimeter landscape. A minimum ten-foot wide strip of privately owned land located along the property line adjacent to the street right-of-way shall be landscaped. Width of sidewalks shall not be included within the ten-foot wide front perimeter landscape area. For those parcels with multiple street frontage, the ten-foot wide minimum landscape strip shall be located along the designated frontage of the property. Other street frontage of the same lot shall have a minimum five-foot wide landscape strip which shall form an attractive boundary between the parcel and the street right-of-way. All frontage strips may be credited toward the ten percent minimum landscaped area required by subpart J. above. Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 7.02.00.C.1 & 7.02.00.C.9 1. Residential districts. One-family and two-family dwellings, two spaces for each dwelling unit; multiple-family dwellings, 1 1/2 spaces for each dwelling unit. 9. Retail and commercial (other than those specifically cited in this section). Up to 2,000 sq. ft. . . . One space for each 200 sq. ft. of floor area 2,001 to 4,000 sq. ft. . . . One space for each 300 sq. ft. of floor area 4,001 to 10,000 sq. ft. . . . One space for each 400 sq. ft. of floor area Above 10,000 sq. ft. . . . One space for each 500 sq. ft. of floor area When a building includes retail/commercial plus warehouse space, the parking requirement for each type space of use shall apply for that portion of the building. 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 property is unique in that it was developed as a gas station prior to zoning in Escambia County. The existing building encroaches into the current building setbacks, creating a non-conformity and severly limiting the options for landscape buffering. Removing the front landscaping buffer requirement will allow for the full 24 feet of access needed for parking. In addition, the limited size of the parking and access area present a severe hardship in meeting the current parking requirement of nine spaces.
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 variances are 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 These variances 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 These variances 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 variances are the minimum necessary to redevelop this property given the physical limitations. 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 the variances. BOARD OF ADJUSTMENT FINDINGS: The Board adopted staff's findings and approved the variance.

Attachments
V-2012-13


Board of Adjustment		6. C.
Meeting Date:	10/10/2012
CASE:	V-2012-14
APPLICANT:	Dr. James R. Barnett, Agent for UWF Business Enterprises, Inc.
ADDRESS:	8891 Burning Tree Rd.
PROPERTY REFERENCE NO.:	06-1S-30-1000-000-024
ZONING DISTRICT:	S-1, Outdoor Recreational District
FUTURE LAND USE:	MU-U, Mixed Use Urban

SUBMISSION DATA:
REQUESTED VARIANCE: The Applicant is seeking to replace a temporary sign in an S-1 zoning district. The S-1 district only allows for permanent identification signs of three square feet or less. Any signage over that amount requires a variance. Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 8.01.01.B 8.04.01. Exempt signs. The following signs are exempt from the permitting requirements of section 8.02.00 of this article. However, exempt signs shall be safely constructed, situated and maintained in such manner as to not create a hazard or nuisance to the public. B. Identification signs of three square feet or less. 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 golf course parcel is zoned S-1, a district that does not have associated sign permitting requirements. Any signs in that district will fall under LDC 8.04.01 Exempt signs, with the limitation of three square feet or less for identification signs. This presents practical difficulties given the use of the overall parcel and severly restricts the applicant's ability to advertise associated uses.
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 practical difficulties associated with the zoning and use of the land.
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 unique use of the land and the associated hardships. STAFF RECOMMENDATION: Staff recommends that the Board approve the requested variance. BOARD OF ADJUSTMENT FINDINGS: The Board adopted staff's findings and approved the variance as requested.

Attachments
V-2012-14


Board of Adjustment		6. D.
Meeting Date:	10/10/2012
CASE:	V-2012-15
APPLICANT:	Keith Johnson, Agent for Tim Jones
ADDRESS:	1593 Bulevar Menor
PROPERTY REFERENCE NO.:	28-2S-26-1200-005-008
ZONING DISTRICT:	MDR-PB, Medium Density Pensacola Beach
FUTURE LAND USE:	MU-PB, Mixed Use Pensacola Beach

SUBMISSION DATA:
REQUESTED VARIANCE: The Applicant is seeking variances to pier requirements specific to Santa Rosa Island per LDC Chapter 13. Piers on Santa Rosa Island must be situated on the middle one-third of a lot and terminal platforms must not exceed twice the width of the pier. The proposed pier will exceed the center one-third requirement by 10.9 feet and the proposed terminal platfrom terminal platform is three times the width of the pier. RELEVANT AUTHORITY: Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 13.12.C.1.l & m C. Requirements for piers to be constructed at Pensacola Beach. 1. Plans and construction requirements. l. Piers shall be located within the middle one-third of lot (variances may be granted for large parcels, where the need for same can be shown). m. No "T"'s, as such, are allowed, but piers may be widened at the outer end on one or both sides. Maximum width may not exceed two times the pier width, and maximum length may not exceed three times the pier width. 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 subject property has a uniquely shaped patch of seagrass across the nearshore area that presents practical difficulties in the design of a pier. Escambia County has identified seagrasses as environmentally sensitve resources and seeks to minimize impacts upon them. The proposed plan provides maximum avoidance of this unique feature but does necessitate variances.
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 variances are the necessary for the preservation and enjoyment of a substantial property right associated with waterfront property.
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 variances are the minimum necessary for the proposed design considering the avoidance of seagrasses and safe access for loading and unloading of watercraft. STAFF RECOMMENDATION: Staff recommends that the Board approved the variance request as submitted. BOARD OF ADJUSTMENT FINDINGS: The Board adopted staff's findings and approved the variance as requested.

Attachments
V-2012-15


Board of Adjustment		6. E.
Meeting Date:	10/10/2012
CASE:	CU-2012-12
APPLICANT:	Larry Richardson, Agent for Willaim Waller, Owner
ADDRESS:	2105 E Olive Rd
PROPERTY REFERENCE NO.:	18-1S-30-5201-001-003
ZONING DISTRICT:	C-1, Commercial
FUTURE LAND USE:	MU-U, Mixed- Use Urban
OVERLAY DISTRICT:	N/A

SUBMISSION DATA:
REQUESTED CONDITIONAL USE: Applicant is seeking conditional use approval for a bar in C-1 zoning. RELEVANT AUTHORITY: Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section:6.05.14.C.8 8. Bars and night club 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 The site has access from Olive Road and Gregg Street. Access and parking will be reviewed for sufficiency during 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 Any new nuisances associated with the proposed use must comply with all currrent County Ordinances.
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 applicant.
CRITERION (4)
Utilities. Utilities with reference to concurrency requirements, location, availability and compatibility with surrounding land uses. FINDINGS-OF-FACT Needed utilities will be provided by the applicant.
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 All applicable buffer standards must be met and will be reviewed during the site plan review process.
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 signs for the proposed business must meet the requirements 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 Should environmental impacts be discovered during the site plan review process, they must be mitigated to meet LDC requirements.
CRITERION (8)
Neighborhood impact. General compatibility with adjacent properties and other property in the immediate area. FINDINGS-OF-FACT While the proposed use should be compatible with the zoning and uses along Olive Rd., buffering will be necessary to relieve any impacts on the residential are 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 The proposed Conditional Use is consistent with all other relevant provisions of this Code.
STAFF RECOMMENDATION
Staff recommends that the Board approved the proposed Conditional Use with the following condition: The change of use must be approved through the Development Review Committee. BOARD OF ADJUSTMENT FINDINGS: The Board adopted staff's findings and approved the conditional use as requested.

Attachments
CU-2012-12


Board of Adjustment		6. F.
Meeting Date:	10/10/2012
CASE:	CU-2012-13
APPLICANT:	Emile T. Petro, Agent for Stuart Kaplan and Gail Taylor, Owners
ADDRESS:	5625 Segura Ave.
PROPERTY REFERENCE NO.:	143S322000001009
ZONING DISTRICT:	C-1 Retail Commercial District (cumulative)
FUTURE LAND USE:	C, Commercial
OVERLAY DISTRICT:	N/A

SUBMISSION DATA:
REQUESTED CONDITIONAL USE: Applicant request a Conditional Use for the sale of boats in C-1. RELEVANT AUTHORITY: Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section: LDC 6.05.14.c.9. Boat Sales 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 The parcel is located north of Gulf Beach Hwy between Sorrento road and Segura street. The existing structures within the parcel can be accessed from both. As this parcel has three existing structures, the new proposed use will have to meet all of the current Land Development Code requirements identified during 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 Based on the site visit and the applicant's written request, it appears that the proposed use will not have an adverse impact on the surrounding properties. Further review of the proposed project will be done during the Site Plan Review process.
CRITERION (3)
Solid Waste. Refuse and service areas with particular reference to concurrency requirements and items (1) and (2) above. FINDINGS-OF-FACT The applicant's documents stated that ECUA currently provides refuse service to the existing facilities.
CRITERION (4)
Utilities. Utilities with reference to concurrency requirements, location, availability and compatibility with surrounding land uses. FINDINGS-OF-FACT The applicant's documents stated that ECUA currently provides electricity to the existing facilities.
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 The proposed use will be reviewed for landscape and buffer standards during the Site Plan Review process.
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 Based on the applicants written proposal, there will be no new signs on-site. Any request for additional signs must be permitted and meet all of the requirements in accordance with the Land Development Code.
CRITERION (7)
Environment impact. Impacts to protected trees, wetlands, water bodies, stormwater management or other natural features of the subject parcel. FINDINGS-OF-FACT The proposed project will be reviewed for environmental impacts and stormwater mangement during the Site Plan Review process.
CRITERION (8)
Neighborhood impact. General compatibility with adjacent properties and other property in the immediate area. FINDINGS-OF-FACT From analysis of the zoning map and of the current existing land uses surrounding the site, it is staff's opinion that the proposed use of the property would be compatible with the existing adjacent commercial uses.
CRITERION (9)
Other requirements of Code. The proposed Conditional Use is consistent with all other relevant provisions of this Code. FINDINGS-OF-FACT The proposed Conditional Use is compatible with all other relevant provisions of the Land Development Code.
STAFF RECOMMENDATION
Staff recommends granting the conditional use request, pending Site Plan Review approval. BOARD OF ADJUSTMENT FINDINGS: The Board adopted staff's findings and approved the conditional use as requested.

Attachments
CU-2012-13


Board of Adjustment		6. G.
Meeting Date:	10/10/2012
CASE:	CU-2012-14
APPLICANT:	Gil Osterloh, Agent for Ensley Shopping Center LTD
ADDRESS:	60 W Nine Mile Rd
PROPERTY REFERENCE NO.:	08-1S-30-3201-046-005
ZONING DISTRICT:	C-2, General Commercial and Light Manufacturing District
FUTURE LAND USE:	C, Commercial

SUBMISSION DATA:
REQUESTED CONDITIONAL USE: The Applicant is seeking Conditional Use approval for on premise alcohol consumption within a thousand feet of a child care facility. RELEVANT AUTHORITY: Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section 7.14.01.E E. Conditional use. The Board of Adjustment (BOA) may approve a conditional use for the sale of alcohol within 1,000 feet of a place of worship if it finds that all of the following required applicable conditions exist. Also, for purposes of this section only, a child care or day care facility shall not be treated as an educational facility and the BOA may approve a conditional use for the sale of alcohol within 1,000 feet radial spacing of the child care or day care facility if the BOA finds all the following conditions apply: CRITERIA Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section 7.14.01.E.
CRITERION (1)
The applicant will suffer undue hardship by the literal application of the Code. FINDINGS-OF-FACT The tenant in this building has multiple restaurant locations in the local area with on premise alcohol sales. While these restaurants do offer take out, they are dine in facilities. The lack of alcohol sales at this location would create a hardship relative to their other locations and area competition.
CRITERION (2)
The authorization of the conditional use will not impair the 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 The proposed conditional use will not impair the 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 (3)
The conditional use will not, in any manner, alter other provisions of this Code or the Comprehensive Plan, except this Code and the plan may be amended in the manner prescribed by law. FINDINGS-OF-FACT The proposed conditional use will not, in any manner, alter other provisions of this Code or the Comprehensive Plan, except this Code and the Plan may be amended in the manner prescribed by law.
CRITERION (4)
The subject property is oriented to have the minimum impact on the surrounding properties. FINDINGS-OF-FACT Staff finds that the property is self contained and oriented to have the minimum impact on the surrounding properties.
CRITERION (5)
Adequate ingress and egress to the subject property and proposed or existing 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 is addressed. FINDINGS-OF-FACT Staff finds that the site does meet this criterion and all applicable land development code regulations
CRITERION (7)
The proposed establishment’s general compatibility with adjacent properties and other property in the immediate area is adequately addressed. FINDINGS-OF-FACT The restaurant is compatible with the surrounding C-2 zoning and uses, and the addition of on premise consumption would not alter that compatibilty.
CRITERION (8)
The proposed use is consistent with all other relevant provisions of this Code. FINDINGS-OF-FACT Staff finds that the proposed use is consistent with all other relevant provisions of this Code.
CRITERION (9)
The establishment meets the requirements to qualify as a responsible vendor as outlined in F.S. § 561.705, as amended. FINDINGS-OF-FACT The proposed establishment must participate in the State of Florida’s responsible vendor program.
CRITERION (10)
For establishments seeking a conditional use to sell alcohol for off-premises consumption, the establishment meets the requirements for a 3PS (beer, wine, and liquor) license as described in F.S. § 565.02(1)(a), as amended. FINDINGS-OF-FACT Not applicable.
CRITERION (11)
For establishments seeking a conditional use to sell alcohol for on-premises consumption, the establishment meets the requirements for a state issued alcohol license for on premises consumption. FINDINGS-OF-FACT The operator will meet this criterion as they have for their other area locations.
RECOMMENDATION
Staff finds that the applicant does meet all of the requirements to allow on premise alcohol consumtion at this restaurant and recommends approval of the conditional use. BOARD OF ADJUSTMENT FINDINGS: The Board adopted staff's findings and approved the conditional use as requested.

Attachments
CU- 2012-14