Escambia Board of Adjustment Grants Liquor Sales and Retail Store Construction, Debates Variance Requests

At the recent meeting of the Escambia Board of Adjustment, the board voted to grant a conditional use for liquor sales in a separate building within LDM zoning and approved the construction of a retail store larger than 6,000 square feet in the RMU zoning district. The board also engaged in a substantial deliberation over a variance request from a homeowner on Deerfoot Lane who built too close to the front property line due to a topographical error.

The case of the homeowner on Deerfoot Lane was a focal point of the meeting, as the individual admitted to mistakenly measuring the setback from the edge of the pavement rather than the right of way, resulting in the structure being only one foot off the property line. The homeowner, John H. Holan Jr., brought in over a hundred loads of dirt to build up the land and argued he had set the house back as far as was safe due to erosion concerns. In an emotional plea, Holan Jr. appealed to the board for mercy to finish his home, citing financial hardship and the absence of harm to his neighbors. Questions from the board probed into the process for obtaining building permits and the verification of setbacks, while the staff provided insights on the right of way’s role for utilities and future road expansion. The board members exhibited uncertainty regarding the staff’s recommendation for the variance, discussing the staff’s role in verifying setbacks and showing interest in viewing photographs to better assess the situation.

During public comments, an impassioned speech from the homeowner conveyed a sense of urgency and frustration over the consequences of the board’s decision, emphasizing the personal impact on their living situation and family’s future. The board eventually passed a motion to grant the variance, with the condition that the homeowner signs a hold harmless agreement, releasing the county from any future liabilities related to the variance.

Another case that evoked a notable response was that of a property owner embroiled in a dispute over the use of their property for commercial activities and as a dumping ground. The individual’s neighbor, Fred Krauss, claimed the property was being used improperly and provided a description of the structure in question. The board considered photographs submitted by Krauss, deliberating on their admissibility and relevance to the case. The discussion centered on the compatibility of the structure with the zoning district, the possibility of code enforcement involvement, and the applicant’s responsibility for the existing condition of the property. The board addressed the conditional use application in light of these concerns and considered the implications of a 180-day prohibition on reapplying should the variance be denied.

In addition to these contested cases, the board approved a request for liquor sales in a separate building on-site in LDM zoning, with the vice chairman expressing concerns about the impact on the local community but ultimately being in dissent as the board voted 5 to 1 in favor. The construction of a retail store in the RMU zoning district was also approved, as the staff’s findings highlighted the compatibility with adjacent properties and the adequacy of the site for the proposed use.

The board processed a request to allow an accessory structure in the front yard of a waterfront lot, with James Lindsay Owens representing the applicant. Concerns were raised about the impact on the neighborhood, but the board delved into specifics such as the absence of new driveways and the lack of proposed lighting and signage, considering the compatibility with neighboring properties.

In another discussion, the board deliberated over a request to allow a restaurant not among the permitted uses in the area. The staff provided findings related to various criteria, such as compatibility and potential impact on residential areas. The board took the staff’s findings of fact into account, asking questions about access easements and potential noise and traffic concerns, and ultimately accepting the staff’s findings unanimously.

Note: This meeting summary was generated by AI, which can occasionally misspell names, misattribute actions, and state inaccuracies. This summary is intended to be a starting point and you should review the meeting record linked above before acting on anything you read. If we got something wrong, let us know. We’re working every day to improve our process in pursuit of universal local government transparency.
Administrator:
Wed Moreno
Zoning Board Officials:
Michael C. Godwin, Ross Padden, Willie Kirkland, Jr., Auby D. Smith, Jennifer J. Bass, Randy Ponson, Martin W. Schack

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