Agenda


AGENDA ESCAMBIA COUNTY BOARD OF ADJUSTMENT May 15, 2013–8:30 a.m. Escambia County Central Office Complex 3363 West Park Place, Room 104

Call to Order.

Swearing in of Kevin W. White to the Board of Adjustment.

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 Resume Minutes from April 17, 2013.

Consideration of the following cases:

Case No.: V-2013-05

Address:	11530 Thousand Oaks Drive
Request:	To reduce the north side setback
Requested by:	Wendi M. & Jeff Vowell, Owner

Case No.: V-2013-09

Address:	6701 to 6705 Pine Forest Road
Request:	To reduce rear setbacks
Requested by:	Matt Sasser Agent for James C. Moulton, Moulton Properties, Inc.

Case No.: CU-2013-09

Address:	Quintette Road
Request:	To allow a Place of Worship in V-5 zoning
Requested by:	David W. and Diane R. Fitzpatrick, Owners

Case No.: CU-2013-10

Address:	8039 N. Davis Hwy
Request:	To allow alcohol sales near place of worship
Requested by:	Kerry Anne Schultz, Esquire Agent for Fernando & Maria Chavez

Discussion Items.

Old/New Business.

10.

Announcement.

The next Board of Adjustment Meeting is scheduled for Wednesday, June 19, 2013 at 8:30 a.m., at the Escambia County Central Office Complex, Room104, 3363 West Park Place.

11.

Adjournment.


Board of Adjustment		6.
Meeting Date:	05/15/2013

Attachments
Resume Minutes from 4-17-2013


Board of Adjustment		7. A.
Meeting Date:	05/15/2013
CASE:	V-2013-05
APPLICANT:	Wendi and Jeff Vowell
ADDRESS:	11530 Thousand Oaks Dr
PROPERTY REFERENCE NO.:	18-1N-30-4003-029-001
ZONING DISTRICT:	V-3, Villages single-family residential
FUTURE LAND USE:	MU-S, Mixed-Use Suburban

SUBMISSION DATA:
REQUESTED VARIANCE: The Applicant is seeking an after-the-fact variance to the North side setback for the construction of an addition. Staff was not provided a measurement of the amount of variance requested. RELEVANT AUTHORITY: Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 6.05.24.F.5 F. Site and building requirements. 5. Side yard. The minimum side yard on each side shall be ten percent of the lot width measured at the front building but need not exceed 15 feet on each side; however, required side yards shall not be less than five feet on each side. On property abutting estuarine, riverine or creek systems, the setback shall be in accordance with the marine/estuarine/riverine setback (MERS) provision of this Code (Article 7) or 30 feet, whichever is greater. 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 similar in design and conditions to the other lots in this platted subdivision. Staff finds no unique physical characteristics that would limit the use of the land as it was platted.
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 not necessary for the preservation and enjoyment of a substantial property right as the land can be used for the designed purpose.
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 This lot was designed for a single-family home built within the setbacks. An addition requiring a variance is not the minimum necessary to make use of the land. STAFF RECOMMENDATION: Staff finds that the Applicant cannot meet criteria 1, 2, and 5; therefore, denial of the request is recommended. BOARD OF ADJUSTMENT FINDINGS: The Board adopted Staff's findings and denied the variance request.

Attachments
V-2013-05 Working Case File


Board of Adjustment		7. B.
Meeting Date:	05/15/2013
CASE:	V-2013-09
APPLICANT:	Matt Sasser, Agent for James C. Moulton, Moulton Properties, Inc.
ADDRESS:	6701 to 6705 Pine Forest Road
PROPERTY REFERENCE NO.:	25-1S-31-3401-000-000, 25-1S-31-3404-000-000, 25-1S-31-3404-000-002
ZONING DISTRICT:	C-2 General Commercial and Light Manufacturing District (Cumulative).
FUTURE LAND USE:	C, Commercial

SUBMISSION DATA:
REQUESTED VARIANCE: The applicant is requesting a variance to the 15 foot rear setback on the interior shared property lines, resulting in a zero lot line setback between the interior property lines. RELEVANT AUTHORITY: Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 6.05.16.H, 6.05.14.G.4 6.05.16.H. Site and building requirements. Same as C-1 district. 6.05.14.G.4. Yard. There shall be a front and rear yard of at least 15 feet. There shall be a minimum side yard of ten feet on each side which shall be increased by two feet on each side for each story (floor) above the third story or for each ten feet in height above the first 35 feet of the structure as measured from the finished grade. On property abutting an estuarine, riverine or creek system, the setback shall be in accordance with the marine/estuarine/riverine setback (MERS) provision of this Code (Article 7) or 20 feet, whichever is greater. 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 unusual wedge shape of this commercial property presents practical site design difficulties. To accommodate the required parking, drive aisles and storm-water detention pond, the proposed buildings are shifted close together. The requested variance would allow for a viable commercial design.
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 would allow the property owner the necessary space to meet all of the requirements of new construction on this specific parcel, and is necessary for the preservation and enjoyment of a substantial property right normally 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 requested variance is the minimum necessary considering the unique shape and location of the parcel, to make use for a more commercial friendly and safe environment. STAFF RECOMMENDATION: Staff finds that the applicant does meet all of the required criteria for the granting of the variance. BOARD OF ADJUSTMENT FINDINGS: The Board adopted Staff's findings and approved the variance as requested.

Attachments
V-2013-09 Working Case File


Board of Adjustment		7. C.
Meeting Date:	05/15/2013
CASE:	CU-2013-09
APPLICANT:	David W. Fitzpatrick, Owner
ADDRESS:	Quintette Rd
PROPERTY REFERENCE NO.:	33-2N-31-1102-000-000, 33-2N-31-1102-000-001
ZONING DISTRICT:	V-5, Villages Clustered Residential District
FUTURE LAND USE:	RC, Rural Community
OVERLAY DISTRICT:	N/A

SUBMISSION DATA:
REQUESTED CONDITIONAL USE: The Applicant is seeking Conditional Use approval to construct a place of worship in V-5 zoning. RELEVANT AUTHORITY: Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section:6.05.26.C C. Conditional uses (Any conditional use pemitted in V-1, V-2 or V-3). 6.05.24.C.8 Places of Worshihp 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 will be designed by a Florida licensed professional engineering firm in accordance with the Escambia County Land Development Code. Proper traffic analysis of the proposed use and existing adjacent county road will be performed and submitted to County staff through the Site Plan Review process. Onsite circulation of automobiles, pedestrians and emergency vehicles will be designed in accordance with required standards.
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 proposed use is a place of worship. Places of worship make good neighbors in that they do not create adverse impacts such as noises, glare, smoke, odor or other harmful effects. This facility will operate similarly to other worship facilities in the community; therefore, nuisances are not anticipated.
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 will be removed from the site by a properly licensed refuse company. Refuse area will be screened in accordance with the Escambia County Land Development Code.
CRITERION (4)
Utilities. Utilities with reference to concurrency requirements, location, availability and compatibility with surrounding land uses. FINDINGS-OF-FACT Potable and fire water will be provided through Cottage Hill Water. There is an existing 12" water main along Quintette Road in front of the subject parcel. Sanitary sewer service will be provided by ECUA via connection to an existing 8" pressurized main located along Quintette Road in front of the subject parcel.
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 buffers will meet or exceed those required in the Escambia County Land Development Code. Currently the parcel is covered in small brush and trees. Screening will be a combination of existing vegetative materials, planted vegetative material, and fencing.
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 All proposed signage and lighting will be shown on the site plan and reviewed during the Site Plan Review process.
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 development must meet all environmental permitting requirements from the County and any additional agencies.
CRITERION (8)
Neighborhood impact. General compatibility with adjacent properties and other property in the immediate area. FINDINGS-OF-FACT The proposed development must provide compatibility requirements of the LDC and these requirements will be reviewed by the Site Plan Review process.
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 use will meet the intent of the LDC and the Comprehensive Plan.
STAFF RECOMMENDATION
Staff recommends approval. BOARD OF ADJUSTMENT FINDINGS: The Board adopted Staff's findings and approved the requested Conditional Use.

Attachments
CU-2013-09 Working Case File


Board of Adjustment		7. D.
Meeting Date:	05/15/2013
CASE:	CU-2013-10
APPLICANT:	Kerry Anne Schultz, Esquire, Agent for Fernando & Maria E. Chavez
ADDRESS:	8039 N. Davis Hwy.
PROPERTY REFERENCE NO.:	18-1S-30-4111-000-001
ZONING DISTRICT:	C-1, Retail Commercial District
FUTURE LAND USE:	MU-U, Mixed-Use Urban

SUBMISSION DATA:
REQUESTED CONDITIONAL USE: The Applicant is seeking Conditional Use approval to operate a package store with off-premise alcohol sales within 1000' feet of a place of worship. 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. 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 zoning and location of the site are appropriate for off-premise retail package sales but the use is prohibited by the proximity of the place of worship. While this site is within the 1000' prohibition, nearby competition is outside the effected area. This presents a hardship for a use that would otherwise be allowed on site.
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 The site was designed as a fast food restaurant and is oriented towards traffic accessing from Davis Highway, a state designated arterial road.
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 The original design called for more parking than will be required by the proposed use. Access and traffic flow will be addressed in the Site Plan Review process.
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 proposed use is compatible with other retail commercial uses in the area. The surrounding zoning and FLU reflect the commercial nature of the area.
CRITERION (8)
The proposed use is consistent with all other relevant provisions of this Code. FINDINGS-OF-FACT 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 The proposed establishment must meet all applicable State regulations.
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 Not applicable.
RECOMMENDATION
Staff finds that the proposed use can meet all of the required criteria and recommends approval with the following condition: The Applicant must apply for a change of use through Site Plan Review. BOARD OF ADJUSTMENT FINDINGS: The Board overturned Staff's findings and denied the Conditional Use request.

Attachments
CU-2013-10 Working Case File