Agenda


AGENDA ESCAMBIA COUNTY BOARD OF ADJUSTMENT November 14, 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 October 10, 2012 Resume Minutes.

Consideration of the following cases:

Case No.: V-2012-16

Address: 5300 West Jackson Street
Request: Front and Side Setback variance reduction
Requested by: Kishorbhai Patel

Case No.: V-2012-17

Address:4860 Cerny Road
Request:6' fence around property
Requested by:Richard & Susan Hunter

Case No.: V-2012-18

Address: 17401 Perdido Key Drive
Request: Increase in allowable signage
Requested by: MGFB Properties, Inc.

Discussion Items.

Old/New Business.

10.

Announcements.

The Planning Board Workshop will be on November 19, 2012 beginning at 8:30 a.m., at the Escambia County Central Office Complex, Room104, 3363 West Park Place.

The next Board of Adjustment Meeting is scheduled for Wednesday, December 19, 2012 at 8:30 a.m., at the Escambia County Central Office Complex, Room104, 3363 West Park Place.

11.

Adjournment.


Board of Adjustment		5.
Meeting Date:	11/14/2012

Attachments
October 10, 2012 Minutes


Board of Adjustment		6. A.
Meeting Date:	11/14/2012
CASE:	V-2012-16
APPLICANT:	Buddy Page, Agent for Kishorbhai Patel
ADDRESS:	5300 West Jackson St.
PROPERTY REFERENCE NO.:	35-2S-30-6000-034-001
ZONING DISTRICT:	R-6, Neighborhood Commercial and Residential District, (cumulative) high density
FUTURE LAND USE:	MU-U, Mixed Use-Urban

SUBMISSION DATA:
REQUESTED VARIANCE: The Applicant is seeking variances to reduce the front setback from 20' to 2' and west side setback from 10' to 2'. RELEVANT AUTHORITY: Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 6.05.13.E 3. Front yard. There shall be a front yard having a depth of not less than 20 feet. 5. Side yard. The yard required on each side of buildings not exceeding three stories in height shall be ten percent of the lot width measured at the front building line or 10 feet, whichever is less; CRITERIA Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section 2.05.02.B.3
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 sale of gasoline at this existing convenience store was approved by the BOA on September 12, 2012 as Conditional Use case CU-2012-10. Since that time, the applicant has discovered that the site will have limitations for maneuvering around the proposed gasoline pumps. Redesigning the site to meet current gas pump arrangements does present peculiar practical difficulties.
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 would be necessary for the applicant to build an all-weather gas pump operation given the 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 should 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 While the requested variances would be necessary for the applicant to build an all-weather gas pump operation, they are not the minimum necessary to make use of the site or to install the gas pumps without the canopy. STAFF RECOMMENDATION: The Applicant can not meet all of the required criteria for the granting of a variance and denial of the request is recommended. BOARD OF ADJUSTMENT FINDINGS: The Board adopted Staff's findings and denied the varaince request.

Attachments
Case File


Board of Adjustment		6. B.
Meeting Date:	11/14/2012
CASE:	V-2012-17
APPLICANT:	Richard and Susan Hunter
ADDRESS:	4860 Cerny Rd.
PROPERTY REFERENCE NO.:	37-2S-31-1101-002-001
ZONING DISTRICT:	R-6, Neighborhood commercial and residential district, (cumulative) high density
FUTURE LAND USE:	MU-S, Mixed Use Suburban

SUBMISSION DATA:
REQUESTED VARIANCE: The Applicants are seeking a 3 foot fence height variance to allow a 6 foot privacy fence in their front yard. RELEVANT AUTHORITY: Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 7.04.01 7.04.01. Fence heights in residential districts. Maximum heights for fences constructed in residential districts shall be [in feet]: Opaque Materials Transparent Materials Which Do Not Obstruct Light, Air and Visibility Front yard 3 4 Side yard 6 6 Rear yard 6 6 CRITERIA Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section 2.05.02.C
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 fronts Cerny Rd. in a similar manner as adjacent properties. Staff finds no physical characteristics unique to the site that would necessitate a fence higher than allowed by code.
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 not necessary for the preservation and enjoyment of a substantial property right.
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 should 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 Due to the lack of unique physical hardship, the requested variance is not the minimum necessay to make use of the property. STAFF RECOMMENDATION: Staff finds that the request does not meet all of the required criteria and recommends denial of the variance. BOARD OF ADJUSTMENT FINDINGS: The Board amended Staff's findings and granted a varince to allow a six foot (6') wrought iron (transparent materials) fence in the front yard.

Attachments
Case File


Board of Adjustment		6. C.
Meeting Date:	11/14/2012
CASE:	V-2012-18
APPLICANT:	David Donnelly, Agent for MGFB Properties, Inc.
ADDRESS:	17395 Perdido Key Dr.
PROPERTY REFERENCE NO.:	01-4S-33-1003-000-000
ZONING DISTRICT:	CGPK, (Perdido Key) commercial gateway district
FUTURE LAND USE:	MU-PK, Mixed Use Perdido Key

SUBMISSION DATA:
REQUESTED VARIANCE: The Applicant is seeking to increase the amount of allowable wall signage from 62.3 feet to 91.16 feet. RELEVANT AUTHORITY: Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 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. CRITERIA Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section 2.05.02.B.3
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 is unique in both the location and use. This is the first building situated close to the right-of-way on the north side of the road inside the Florida line. The signs requested would help advertise the business to customers crossing from the Alabama side. The use of the site is unique as it is the only liquor store on Perdido Key and serves customers from both states. Limiting the wall signage would present practical difficulties in advertising the use.
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 Given the unique location and use of the site, the variance would be needed for the enjoyment of a substantial property right.
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 While there are unique features to the site, the substantial increase in wall signage requested is not the minimum necessary to make use of the land or building. STAFF RECOMMENDATION: Staff finds that the Applicant can not meet all of the required criteria and denial of the request is recommended. BOARD OF ADJUSTMENT FINDINGS: The case was withdrawn at the meeting by Staff.

Attachments
Case File