Commission Meeting Agenda Item
Resolution 2019-109 — A Resolution Requesting an After-the-Fact Variance from the Provisions of Chapter 14). 14-9). b).2). b), of the Town of Lady Lake Land Development Regulations, Requiring Connection to an Eight Inch Water Main for Commercial Property Identified as Village Airport Van, Located at 121 West Hermosa Street, Referenced by Alternate Key Number 1279518
Staff Recommended Motion
Staff recommends approval of Resolution 2019-109.
Applicant and business owner Daniel McCarthy Jr. with Hermosa Street, LLC, has petitioned for an after-the-fact variance under the provisions of Chapter 14, Section 14-9, b). 2). B). of the Town of Lady Lake Land Development Regulations, which requires that fire hydrants shall be connected to water mains of six inches minimum size in low density residential subdivisions and a minimum of eight inches mains in all other areas. The request is to allow the existing fire hydrant connection made to a six inches water main located along Hermosa Avenue to remain in place, as opposed to have to connect to an eight inch water main, to continue to serve the existing commercial development and the hydrants to provide fire protection to the property.
On January 7, 2014, the Town of Lady Lake issued a Development Order for a New Major Site Plan for the Village Airport Van Campus located at 121 West Hermosa Street. The scope of the project consisted of three phases with three buildings including 4,300 square feet of shop space, 10,300 square feet of office space, and 3,600 square feet for an owner’s/caretaker residence. On December 19, 2013, a building permit was issued for construction of the office building with the three adjacent bays. The office building and the 18,000-gallons liquified petroleum gas (LPG) tank received a certificate of occupancy in 2016. Later, in August 2018, the applicant submitted and completed an interior build-out for the second floor. Yellow Cab of Central Florida operates Village Airport Van and Village Taxi, offering airport shuttle and taxi services respectively at this location since 2016.
In mid-July 2019, upon inspection of construction plans to the Cart World site development, Town staff discovered that the adjacent site, the Village Airport Van Campus, made connection to a six-inch line rather than an eight-inch line when it was built back in 2016. Upon review of the Town’s Land Development Regulations, it was found that the most practical way to address the newly found fire hydrant water main connection discrepancy is through the variance process.
As part of the variance process, the engineer of record for Cart World provided fire hydrant flow test reports that showed that “the two nearest hydrants have a flow over 3,500 gallons per minute at 20 psi”. Town staff and Fire Inspector Consultant Kerry Barnett are in support of the variance since fire protection flow requirements are met.
On July 23, 2019, the applicant applied for the variance. As part of the variance application, the applicant has stated that, “the site was developed as per the approved site civil plans”. The site was constructed as per specifications and the discrepancy was found after the fact. The improvements were already constructed, but immediately upon notification by Town staff, the applicant was willing and able to submit the variance application to correct the found deviation from the Code.
The Village Airport Van Campus does have adequate fire flow from the line since the minimum required flow is 1500 gallons per minute.
When reviewing an application for a variance, the Planning and Zoning Board and the Town Commission shall consider the following requirements and criteria according to Chapter 3, Section 14 f) – Review criteria for variances in the Land Development Regulations:
- No diminution in value of surrounding properties would be suffered.
- Granting the permit would be of benefit to the public interest.
- Denial of the permit would result in unnecessary hardship to the owner seeking it.
- The use must not be contrary to the spirit of this Code.
Financial disadvantages and/or inconveniences to the applicant shall not of themselves constitute conclusive evidence of unnecessary and undue hardship and be grounds to justify granting of a variance. Physical hardships such as disabilities of any applicant may be considered grounds to justify granting of a variance at the discretion of the Town Commission. The site has been in operation for the last three years and constructed as per the Town Commission approved plans. The applicant expressed that there was no intention to create the deviation; it was an honest oversight that took place during civil plan review and site construction.
Given that more than adequate fire flow is present at the Village Airport Van Campus, and further, acknowledging that the likelihood of additional commercial development along Hermosa Avenue would be minimal, if any, staff supports the request for the granting of the variance, noting that the health and safety aspect is being met as was intended by putting the requirement of the eight inches tap into the Land Development Regulations.
Notices to inform the surrounding seven property owners within 150 feet of the subject property of the proposed variance were mailed on Thursday, July 25, 2019. The property was posted on Monday, July 29, 2019.
Source of Funding
The Technical Review Committee found that Resolution 2019-109 is ready for the Planning and Zoning Board’s review and recommendation.
At the August 12, 2019 meeting, the Planning and Zoning Board voted 4 to 0 to forward Resolution 2019-109 to the Town Commission with the recommendation of approval.
Draft Resolution 2019-109
A RESOLUTION GRANTING A VARIANCE FROM THE PROVISIONS OF CHAPTER 14). 14-9). b).2). B) OF THE TOWN OF LADY LAKE LAND DEVELOPMENT REGULATIONS WHICH REQUIRES THAT FIRE HYDRANTS SHALL BE CONNECTED TO WATER MAINS OF SIX INCH MINIMUM SIZE IN LOW DENSITY RESIDENTIAL SUBDIVISIONS AND A MINIMUM OF EIGHT INCH WATER MAINS IN ALL OTHER AREAS. THIS AFTER-THE-FACT VARIANCE REQUEST IS TO ALLOW THE EXISTING FIRE HYDRANT CONNECTION MADE TO A SIX INCH WATER MAIN TO REMAIN IN PLACE AS OPPOSED TO HAVING TO CONNECT TO AN EIGHT INCH WATER MAIN FOR A COMMERCIAL SITE IDENTIFIED AS THE VILLAGE AIRPORT VAN CAMPUS, LOCATED AT 121 WEST HERMOSA STREET (ALTERNATE KEY 1279518), OWNED BY HERMOSA STREET LLC, WITHIN THE TOWN LIMITS OF THE TOWN OF LADY LAKE, FLORIDA.
WHEREAS, Hermosa Street, LLC is the owner of certain real property located in the Town of Lady Lake, Florida, more particularly described in Exhibit “A”, that was constructed as per approved site plan; and
WHEREAS, the property owner petitioned for an after-the-fact variance from the provisions of Chapter 14, Section 14-9). b).2).B). of the Town of Lady Lake Land Development Regulations upon notification from the Town after having found the fire hydrant water main connection discrepancy; and
WHEREAS, the variance request is to allow the existing fire hydrant connection made to a six inch water main to remain in place as opposed to have to connect to an eight inch water main for a commercial site identified as the Village Airport Van Campus, located at 121 West Hermosa Street (Alternate Key 1279518), within the town limits of the Town of Lady Lake, Florida; and
WHEREAS, the Town Commission of the Town of Lady Lake held a public hearing to consider the variance request, and having heard evidence and testimony on said request, found it to be consistent with the Lady Lake Comprehensive Plan and requirements for variances set forth in the Land Development Regulations of the Town of Lady Lake.
NOW, THEREFORE, BE IT RESOLVED that the Town Commission of the Town of Lady Lake, Florida, hereby grants an after-the-fact variance from the provisions of Chapter 14, Section 14-9. b).2).B). of the Town of Lady Lake Land Development Regulations which requires that fire hydrants shall be connected to water mains of six inch minimum size in low density residential subdivisions and a minimum of eight inch mains in all other areas. The variance request is to allow the existing fire hydrant connection made to a six inch water main to remain in place as opposed to having to connect to an eight inch water main for a commercial site identified as the Villages Airport Van Campus, located at 121 West Hermosa Street (Alternate Key 1279518), owned by Hermosa Street, LLC, within the town limits of the Town of Lady Lake, Florida.
This Resolution shall take effect immediately upon its adoption by the Town Commission of the Town of Lady Lake.
RESOLVED this 4th day of September, 2019, in Lady Lake, Florida, by the Lady Lake Town Commission.
Town of Lady Lake, Florida
Jim Richards, Mayor
Kristen Kollgaard, Town Clerk
Approved as to form:
Derek Schroth, Town Attorney
Exhibit A: Legal Description and Map
Parcel ID 17-18-24-0004-000-02500- (AK 1279581); located in Section 17, Township 18 South, Range 24 East:
BEGIN 486 FEET(FT) WEST(W) OF SOUTHEAST(SE) CORNER(COR) OF NORTHEAST(NE) 1/4 OF SE 1/4 OF SECTION 17-18-24, RUN NORTH(N) 594 FT, W TO HIGH AVENUE(AVE) SOUTH(S) 26DEG E 658 FT, EAST(E) TO POINT OF BEGINNING(POB), E 1/2 OF CLOSED HIGH AVE LYING WESTERLY OF ABOVE DESCRIPTION, W 150 FT OF E 486 FT OF N 135 FT OF S 594 FT OF NE 1/4 OF SE 1/4 OF SEC 17-18-24, FROM SE COR OF NE 1/4 OF SE 1/4 OF SEC 17 RUN N 459 FT, W 486 FT FOR POB, RUN S 100 FT, E 152.8 FT TO A POINT DESIGNATED AS POINT A, BEGIN AGAIN AT POB, RUN E 150.30 FT, SOUTHEASTERLY 100.03 FT TO POINT A OFFICIAL RECORD BOOK 4382 PAGE 324.