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

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1 AGENDA ESCAMBIA COUNTY BOARD OF ADJUSTMENT July 20, :30 a.m. Central Office Complex, Room Call to Order. 2. Swearing in of Staff and acceptance of Staff as expert witnesses. 3. Acceptance of the BOA Meeting Package with the Development Services Staff Findings-of-Fact, into evidence. 4. Proof of Publication and waive the reading of the legal advertisement. 5. Approval of the June 15, 2016 Resume' Minutes. 6. Consideration of the following cases: 1. Case No.: V Address: Perdido Key Dr. Request: Sale of Alcohol Within 100 Feet of Residential Zoning Requested by: MGFB Properties, Inc., Owner 2. Case No.: CU Address: 6404 Rambler Dr. Request: Recovered Materials Processing Facility Requested by: John Erwin, Agent for Joe Sinkovich, Owner 7. Discussion Items. 8. Old/New Business.

2 9. Announcement. The next Board of Adjustment Meeting is scheduled for Wednesday, August 17, 2016 at 8:30 a.m., at the Central Office Complex, Room 104,. 10. Adjournment. CD/Audio recording of this meeting available upon request.

3 Board of Adjustment 5. Meeting Date: 07/20/ Draft Minutes Attachments

4 DRAFT RESUMÉ OF THE MEETING OF THE BOARD OF ADJUSTMENT HELD June 15, 2016 Present: Absent: CENTRAL OFFICE COMPLEX 3363 WEST PARK PLACE, BOARD CHAMBERS PENSACOLA, FLORIDA (8:30 A.M. 8:40 A.M.) Auby Smith Bill Stromquist Jesse Casey Frederick J. Gant Judy Gund Jennifer Rigby Blaise Adams Staff Present: Andrew Holmer, Division Manager, Planning & Zoning Brenda Wilson, Urban Planner,Planning & Zoning Kayla Meador, Sr Office Assistant Kristin Hual, Assistant County Attorney REGULAR BOA AGENDA 1. The meeting was called to order at 8:30 A.M. 2. Staff members were sworn in and accepted as expert witnesses. 3. Acceptance of the BOA Meeting Package with the Development Services Staff Findings-of-Fact, into evidence. Motion by Vice Chairman Bill Stromquist, Seconded by Board Member Frederick J. Gant Motion was made to accept the BOA meeting package.

5 Vote: 4-0 Approved 4. Proof of Publication and waive the reading of the legal advertisement. Motion by Vice Chairman Bill Stromquist, Seconded by Board Member Frederick J. Gant The Clerk provided proof of advertisement and a motion was made to waive the reading of the ad. Vote: 4-0 Approved 5. Approval of the May 18, 2016 Resume Minutes. Motion by Vice Chairman Bill Stromquist, Seconded by Board Member Frederick J. Gant Motion was made to approve the minutes from the May 18, 2016 meeting. Vote: 4-0 Approved 6. Consideration of the following cases: 1. Case No.: CU Address: 5900 BLK West Nine Mile Rd. Request: Allow Place of Worship in LDR Zoning Requested by: Wiley C. "Buddy" Page, Agent for Whitney Bank No BOA member acknowledged any ex parte communication regarding this item. No BOA member acknowledged visiting the site. No BOA member refrained from voting on this matter due to any conflict of interest.

6 Motion by At Large Member Jesse Casey, Seconded by Board Member Frederick J. Gant Motion was made to accept Staff Findings and approve the Conditional Use. Vote: 4-0 Approved 7. Discussion Items. 8. Old/New Business. 9. Announcement. The next Board of Adjustment Meeting is scheduled for Wednesday, July 20, 2016 at 8:30 a.m., at the Escambia County Central Office Complex, Room 104, 3363 West Park Place. 10. Meeting adjourned at 8:40 A.M. CD/Audio recording of this meeting is available upon request.

7 Board of Adjustment Meeting Date: 07/20/2016 CASE: V APPLICANT: MGFB Properties, Inc., Owner ADDRESS: Perdido Key Dr. PROPERTY REFERENCE NO.: 01-4S , 01-4S , 01-4S , 01-4S ZONING DISTRICT: CG-PK FUTURE LAND USE: MU-PK SUBMISSION DATA: REQUESTED VARIANCE: The Applicant is requesting a variance to the subject property to reduce the distance from 100 feet to 25 feet from the residential zoning district for restaurants selling alcoholic beverage. RELEVANT AUTHORITY: Land Development Code of, Florida (Ordinance No as amended), Section: (b) (3) f. Restaurants. Those selling alcoholic beverages shall be at least 100 feet from any residential zoning district (LDR-PK, MDR-PK, and HDR-PK) measured as the shortest distance between any exterior wall of the restaurant and the boundary line of the residential zoning. CRITERIA Land Development Code of, Florida (Ordinance No as amended), Section CRITERION (1) Special conditions and circumstances exist which are peculiar to the land, structure or building and which are not applicable to other lands, structures or buildings in the same zoning district. FINDINGS-OF-FACT The proposed structure on the site plan, as submitted by the applicant, would result in

8 the restaurant being less than the required 100 feet from the residential zoning district to the east, if the restaurant owners plan to sell alcoholic beverages. CRITERION (2) The special conditions and circumstances do not result from the actions of the applicant. FINDINGS-OF-FACT Based on the application, staff does not find special conditions and circumstances unique to this site. The placement of the building within the 100' foot distance limitation is an action of the Applicant. CRITERION (3) Granting the variance requested will not confer on the applicant any special privilege that is denied by this land development code to other lands, buildings or structures in the same zoning district. FINDINGS-OF-FACT Granting the variance requested will confer on the Applicant special privilege that is denied by the Land Development Code to other lands, buildings or structures in the same zoning district. CRITERION (4) Strict application of the provisions of the land development code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the land development code and would create an unnecessary and undue hardship on the applicant.. FINDINGS-OF-FACT Staff finds that the strict application of the code would not create an unnecessary and undue hardship on the Applicant. CRITERION (5) The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. FINDINGS-OF-FACT The requested variance is not the minimum variance that will make possible the reasonable use of the land, building or structure given that, based on the submitted site plan, the site could be redesigned to avoid the 100' foot distance limitation.

9 CRITERION 6 The granting of the variance will be consistent with the general intent and purpose of the land development code and that such variance will not be injurious to the area or otherwise detrimental to the public welfare. FINDING OF FACT: The granting of the variance would not be consistent with the general intent and purpose of the Land Development Code. STAFF RECOMMENDATION Staff recommends denial of the variance request as it does not meet all of the required variance criteria. BOA DECISION V Working Case File Attachments

10 V Perdido Key Dr.

11 KEYDR K EY L A RGO P L PERDIDO BAY HE R O N CT HERON CT CCANAL T ISLAND CT RIVER RD ONO N ORTH LOOP WEST ALABAMA SAINT JOHN DR ONO BLVD OLD RIVER GRAND PE R DIDO K E Y DR PERDIDO BEACH BLVD ALABAMA GULF OF MEXICO This map is provided for information purposes only. The data is not guaranteed accurate or suitable for any use other than that for which it was gathered. Andrew Holmer Planning and Zoning Dept. V LOCATION MAP 0 1,000 2,000 3,000 Ft PRINCIPAL ARTERIAL MINOR ARTERIAL COLLECTOR LOCAL ROAD

12 BALDWIN COUNTY AL OLD RIVER BALDWIN COUNTY AL CG-PK KEY LARGO PL MDR-PK PERDIDO KEY DR HDR-PK CG-PK BALDWIN COUNTY AL GULF OF MEXICO This map is provided for information purposes only. The data is not guaranteed accurate or suitable for any use other than that for which it was gathered. Andrew Holmer Planning and Zoning Dept. V ' RADIUS MAP Ft PARCELS PRINCIPAL ARTERIAL MINOR ARTERIAL COLLECTOR LOCAL ROAD

13 BALDWIN COUNTY AL OLD RIVER MU-PK BALDWIN COUNTY AL MU-PK KEY LARGO PL PERDIDO KEY DR MU-PK BALDWIN COUNTY AL GULF OF MEXICO This map is provided for information purposes only. The data is not guaranteed accurate or suitable for any use other than that for which it was gathered. Andrew Holmer Planning and Zoning Dept. V FUTURE LAND USE Ft PARCELS PRINCIPAL ARTERIAL MINOR ARTERIAL COLLECTOR LOCAL ROAD

14 OLD RIVER KE Y L AR GO PL KEY LA RG O PL PERD ID O KEY DR This map is provided for information purposes only. The data is not guaranteed accurate or suitable for any use other than that for which it was gathered. Andrew Holmer Planning and Zoning Dept. V AERIAL MAP Ft PARCELS PRINCIPAL ARTERIAL MINOR ARTERIAL COLLECTOR LOCAL ROAD

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22 22' 25' 69' 22' 10' SIDE SETBACK 15' REAR SETBACK 25' COVERED DECK ' OPEN DECK 50' x 50' BUILDING 25' 20' 19' 4 10' 12' 6 5' SIDE SETBACK FLORIDA STATE HIGHWAY NO. S-292 (100' R.O.W.) NUMBER: REVISION: DATE: LAYOUT 1 SCALE: DATE: 1" = 20' MAY, Old Highway 31 Spanish Fort, AL N. McKenzie Street Foley, AL CONSULTING, LLC ENGINEERING - SURVEYING - CONSTRUCTION MANAGEMENT Phone: (251) Phone: (251) BBQ PROPERTY FLORA-BAMA DRAWN BY: CHECKED BY: SHEET: 1 JLG EEG OF 1

23 MGFB PROPERTIES INC PERDIDO KEY DRIVE PENSACOLA, FL WAFFLE HOUSE INC TAX DEPT PO BOX 6450 NORCROSS, GA please contact the at please contact the at VARAZO SAVA 221 KEY LARGO PL PENSACOLA, FL VADNAIS ROBERT F 716 WILLINGTON SQUARE WAY NEWARK, DE please contact the at please contact the at

24 SMALLWOOD WESLEY B 514 W BARKSDALE DR MOBILE, AL WALTERS JAMES A & 6216 DOLPHIN CT SATSUMA, AL please contact the at please contact the at REYNOLDS MIKE PO BOX 197 MAPLESVILLE, AL MCDONOUGH RONALD D & PAMELA B 316 BRAWOOD DR MOBILE, AL please contact the at please contact the at

25 WILLIAMS JASON D & 917 COTTAGE HILL AVE MOBILE, AL TRICE JACK STEWART 11 HIDDEN LAKES DR CARROLLTON, GA please contact the at please contact the at please contact the at please contact the at

26 Chris Jones Property Appraiser June 22, 2016 Map Grid City Road County Road 1:7, mi km Interstate State Road US Highway All Roads Property Line

27 Building Inspections Division Pensacola, Florida, (850) Molino Office - (850) RECEIPT Receipt No. : Date Issued. : 06/16/2016 Cashier ID : KLHARPER Application No. : PBA Project Name : V Address : PERDIDO KEY DR. Pensacola, FL, PAYMENT INFO Method of Payment Reference Document Amount Paid Comment Check 2875 $ App ID : PBA $ Total Check Received From : MGFB PROPERTIES INC Total Receipt Amount : $ Change Due : $0.00 APPLICATION INFO Application # Invoice # Invoice Amt Balance Job Address PBA $ PERDIDO KEY DR, PENSACOLA, Total Amount : $0.00 Balance Due on this/these Application(s) as of 6/21/2016 Receipt.rpt Page 1 of 1

28 Board of Adjustment Meeting Date: 07/20/2016 CASE: CU APPLICANT: John Erwin, Agent for Joe Sinkovich, Owner ADDRESS: 6404 Rambler Dr. PROPERTY REFERENCE NO.: 39-1S ZONING DISTRICT: HC/LI FUTURE LAND USE: MU-U OVERLAY DISTRICT: N/A SUBMISSION DATA: REQUESTED CONDITIONAL USE: The Applicant is requesting a conditional use to include the use of outside storage of heavy vehicles and portable roll-off containers and the inside storage of petroleum products. This conditional use is relying on Development Order# approved on May 23, This Development Order was issued under the Land Development Code that was in effect at that time. RELEVANT AUTHORITY: Land Development Code of, Florida (Ordinance 96-3 as amended), Section: (C)(3) 3. Solid waste transfer stations, collection points, and/or processing facilities. CRITERIA: Land Development Code of, Florida (Ordinance 96-3 as amended), Section CRITERION (a) General compatibility. The proposed use can be conducted and operated in a manner that is compatible with adjacent properties and other properties in the immediate area. FINDINGS-OF-FACT The proposed use is currently being conducted and in operation. The oil storage operations occur in a 12,000 square foot metal building located on the west side of the property. The property is screened by a wood privacy fence. CRITERION (b)

29 Facilities and services. Public facilities and services, especially those with adopted levels of service, will be available, will provide adequate capacity to serve the proposed use consistent with capacity requirements. FINDINGS-OF-FACT The facilities and services adequately provide capacity to serve the requested use and are consistent with capacity requirements within the 12,000 square foot metal building. CRITERION (c) On-site circulation. Ingress to and egress from the site and its structures will be sufficient, particularly regarding vehicle and pedestrian safety and convenience, efficient traffic flow and control, on-site parking and loading, and emergency vehicle access. FINDINGS-OF-FACT The requested use does not modify the current ingress to and egress from the site. Existing traffic flow and control, on-site parking and loading, and emergency vehicle access will not be modified by the requested use. CRITERION (d) Nuisances and hazards. The scale, intensity, and operation of the use will not generate unreasonable noise, glare, dust, smoke, odor, vibration, electrical interference, or other nuisances or hazards for adjoining properties and other properties in the immediate area. FINDINGS-OF-FACT The scale, intensity, and operation of the requested use will not generate any nuisances or hazards for adjoining properties and other properties in the immediate area as submitted by the applicant. Based on the submitted application, operations are conducted during commercial business hours of 6 a.m. to 6 p.m. Monday through Saturday with minimal noise from commercial vehicles typically at the start of the shift and end of the shift. Also, as stated on the submitted application, occasional after hours use will be required for emergency response situations. CRITERION (e) Solid waste. All onsite solid waste containers will be appropriately located for functional access, limited off-site visibility and minimal odor and other nuisance impacts. FINDINGS-OF-FACT Onsite portable roll-off containers are screened by a privacy fence and shall be empty unless being actively used by operations on the property as stated by the application. CRITERION (f)

30 Screening and buffering. Where not otherwise required by the LDC, screening and buffering will be provided if appropriate to the proposed use and site. FINDINGS OF FACT: The operations are screened by a privacy fence. Based on the applicant's request the storage of petroleum products will occur inside the 12,000 square foot building. CRITERION (g) Signs and lighting. All exterior signs and lights, whether attached or freestanding, will be compatible with adjoining properties and other properties in the immediate area, especially regarding glare and traffic safety. FINDINGS OF FACT: No additional signs and lighting are proposed for the requested use. CRITERION (h) Site characteristics. The size, shape, location and topography of the site appear adequate to accommodate the proposed use, including setbacks, intensity, bulk, height, open space and aesthetic considerations. FINDINGS OF FACT: The requested use will not change the existing site characteristics. CRITERION (i) Use requirements. The proposed use complies with any additional conditional use requirements of the applicable zoning district, use, or other provisions of the LDC. FINDINGS OF FACT: The proposed conditional use is consistent with all other relevant provisions of this Code. STAFF FINDINGS Staff recommends that the Board approve the proposed conditional use as requested by the applicant. BOA DECISION CU Working Case File Attachments

31 CU Rambler Dr.

32 D R R OL LI NG H IL LS RD TINA AV E LY DIA AV E DOROT HY AV E AN ITA AV E F U N CI TY B L VD S A N PE NELOPE Y W A ST N W TR EN T ST JA LY N RD KE N MORE RD TR IU MP H S T TR A VIS ST TIKI L N W OAKFIEL D D IANA ST RD K NOTTY BL OS SOM T R L P EE N GRFOR E S T R D FERN E LN POINT I N E DR ENTE RPR I S E MARC US POINTE BLV D R AM BLER DR LA D NER DR RAMBL ER DR N W ST MAR C U S POINTE B L VD ST UM PF IE LD RD P ENS AC OLA B LVD HIGH PINE OINTE D R OLL OW DR P H EA S T SH ORE DR FAIRVI EW D R RA INB OW A V E LAGOO N D R BLUE This map is provided for information purposes only. The data is not guaranteed accurate or suitable for any use other than that for which it was gathered. Andrew Holmer Planning and Zoning Dept. SP RINGS DR CR A N B R OO K AV E COM MERCE PARK CIR GLA SS DR AR T ES IA N AV E TWINBROOK AV E C LE A RVIEW AVE LAKE PA R TE RRA CE AVE COM M GL A SS DR K ERCE DR PIPE L IN E RD SU N V A LL EY DR BOSWELL RD RAMBL PL PIPE L IN E R D W MICH IG A N A VE ER EMP IR E DR LA ST BIG TR EE LN CU LOCATION MAP IND USTR IA L CT B EVE RL Y PK WY MOSS L N R OC K IS LAND PL 0 1,000 2,000 3,000 Ft MOSS L N DR TEC HNOLOGY INDUSTRIAL BLVD VAN PELT LN AL LE R TON AV E LOOKO UT DR W AI R P ORT CA MELI A P EN SAC OL A BL VD CONCORDIA BL VD DR BL VD W MICHIGAN AVE PRINCIPAL ARTERIAL MINOR ARTERIAL COLLECTOR LOCAL ROAD RAILROAD YOAKUM C T

33 E N T E R PR ISE D R HDMU LA DNER DR HC/LI RA MBLE R T E R HC/LI N W ST HDMU LA D NE R D R MAR CUS POI NTE BLVD MAR CUS POIN TE BL VD RA MBLE R D R HC/LI HDMU HC/LI FR A NC L IF F DR HC/LI HC/LI HDMU This map is provided for information purposes only. The data is not guaranteed accurate or suitable for any use other than that for which it was gathered. Andrew Holmer Planning and Zoning Dept. CU ' RADIUS ZONING Ft PARCELS PRINCIPAL ARTERIAL MINOR ARTERIAL COLLECTOR LOCAL ROAD RAILROAD

34 E N T E R PR ISE D R MU-S LA DNER DR C RA MBLE R T E R I N W ST MU-U LA D NE R D R C MAR CUS POI NTE BLVD MAR CUS POIN TE BL VD RA MBLE R D R C MU-U FR A NC L IF F DR MU-U C MU-U MU-U This map is provided for information purposes only. The data is not guaranteed accurate or suitable for any use other than that for which it was gathered. Andrew Holmer Planning and Zoning Dept. CU FUTURE LAND USE Ft PARCELS PRINCIPAL ARTERIAL MINOR ARTERIAL COLLECTOR LOCAL ROAD RAILROAD

35 LA D NE R D R MARC U S POINTE BLVD MAR C U S POINT E B LV D MA RCUS POINTE BLVD RA MBLER DR FR A NC L IF F DR This map is provided for information purposes only. The data is not guaranteed accurate or suitable for any use other than that for which it was gathered. Andrew Holmer Planning and Zoning Dept. CU AERIAL/WETLANDS MAP Ft PARCELS PRINCIPAL ARTERIAL MINOR ARTERIAL COLLECTOR LOCAL ROAD RAILROAD WETLANDS_2006

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51 SINKOVICH JOE 1600 E GONZALEZ PENSACOLA, FL MENDOZA MARK 6483 RAMBLER DR PENSACOLA, FL please contact the at please contact the at PACK PATSY 30 HERITAGE PARK CIR NORTH LITTLE ROCK, AR SPRATT JAMES P 6482 RAMBLER DR PENSACOLA, FL please contact the at please contact the at

52 SIMMONS RICHARD A & DELORES A 701 LADNER DR PENSACOLA, FL OVERTON PATRICK S 708 LADNER DR PENSACOLA, FL please contact the at please contact the at REDISH J L 700 LADNER DR PENSACOLA, FL PATEL PRAKASHCHANDRA PO BOX 509 PENSACOLA, FL please contact the at please contact the at

53 COOK REDISH ENTERPRISES INC PO BOX 6006 PENSACOLA, FL ESCAMBIA COUNTY 221 PALAFOX PL STE 420 PENSACOLA, FL please contact the at please contact the at ESCAMBIA TRADE CENTER LTD 120 E MAIN ST STE A PENSACOLA, FL CARDWELL WILLIAM H 952 MARCUS POINTE BLVD PENSACOLA, FL please contact the at please contact the at

54 MARRETTA MAXINE CRAWLEY 2002 DOWNING DR PENSACOLA, FL BERRYMAN JUSTIN 741 LADNER DR PENSACOLA, FL please contact the at please contact the at FEAZEL ALISHA A 737 LADNER DR PENSACOLA, FL EATON PAUL R 733 LADNER DR PENSACOLA, FL please contact the at please contact the at

55 MESSICK FAYE D 728 LADNER DRIVE PENSACOLA, FL EHLERS JAMES S 729 LADNER DR PENSACOLA, FL please contact the at please contact the at TRUONG NO & 713 LADNER DR PENSACOLA, FL KECK LESLEY S 727 LADNER DR PENSACOLA, FL please contact the at please contact the at

56 GAVKAR YASHWANT 3025 LIANA LN PENSACOLA, FL ROBBINS CYNTHIA L 725 LADNER DR PENSACOLA, FL please contact the at please contact the at PATEL PRAKASH M & BHARATI N 721 LADNER DR PENSACOLA, FL please contact the at SECRETARY OF HOUSING AND URBAN DEVELOPMENT C/O NHMS LLC 2600 DOUGLAS RD STE 800 CORAL GABLES, FL please contact the at

57 GONZALEZ EDGAR A & 8095 FOXTAIL LOOP PENSACOLA, FL BRADY THOMAS F 740 LADNER DR PENSACOLA, FL please contact the at please contact the at MARKS MARY ELLEN 709 LADNER DR PENSACOLA, FL NGUYEN CUONG MONG 736 LANDNER DR PENSACOLA, FL please contact the at please contact the at

58 ANGEL LAWRENCE E & LILLIE P 6409 RAMBLER DR PENSACOLA, FL RALLIS CHRISTOS 732 LADNER DR PENSACOLA, FL please contact the at please contact the at GREATER GULF COAST AUTO 6205 PEACHTREE DUNWOODY RD ATLANTA, GA STRICKLAND HOWARD E & 6406 RAMBLER DR PENSACOLA, FL please contact the at please contact the at

59 HAROLD FRANK M PO BOX 6031 PENSACOLA, FL GRISSOM AMY MELINDA 915 FRANCLIFF DR PENSACOLA, FL please contact the at please contact the at HARRIS BETTY A PO BOX PENSACOLA, FL SUNRISE ERECTORS 2721 SEA LARK LN MILTON, FL please contact the at please contact the at

60 LIVE OAK MOBILE HOMES 8249 WELCOME RD MILTON, FL MANLY JON L & 6401 RAMBLER DR PENSACOLA, FL please contact the at please contact the at HEDGES GREG & TRACIE 6372 RAMBLER DR PENSACOLA, FL please contact the at please contact the at

61 Chris Jones Property Appraiser June 22, :30,756 Map Grid 0 City Road 0 County Road Interstate State Road US Highway All Roads Property Line mi 2 km

62 Building Inspections Division Pensacola, Florida, (850) Molino Office - (850) RECEIPT Receipt No. : Date Issued. : 05/24/2016 Cashier ID : VHOWENS Application No. : PBA Project Name : CU Address : 6404 RAMBLER DR., UNIT 3 Pensacola, FL, PAYMENT INFO Method of Payment Reference Document Amount Paid Comment Check 5010 $1, App ID : PBA $1, Total Check Received From : SINKOVICH JOE Total Receipt Amount : $1, Change Due : $0.00 APPLICATION INFO Application # Invoice # Invoice Amt Balance Job Address PBA , $ RAMBLER DR, PENSACOLA, Total Amount : 1, $0.00 Balance Due on this/these Application(s) as of 5/24/2016 Receipt.rpt Page 1 of 1