Commission Meeting Agenda Item

Agenda Item

Resolution 2019-108 — A Resolution granting a variance from the provisions of Chapter 17). 17-4). b).2)., of the Town of Lady Lake Land Development Regulations which restricts wall sign copy area to not exceed 200 square feet or 20 percent of the façade; whichever is greater, for the Earth Fare retail space located within the Earth Fare Commons of Lady Lake Shopping Center, addressed as 655 North Highway 27/441, referenced by Alternate Key Number 3305451.

Department

Growth Management

Staff recommends approval of Resolution 2019-108.

Summary

On Thursday, July 11, 2019, applicant, Dennis Martin of SignCrafters of Central Florida, on behalf of property owner, Benchmark Lady Lake 25 Associates, LLC, has filed a variance application for Earth Fare located within the Earth Fare Commons, addressed as 655 North Highway 27/441, within the town limits of the Town of Lady Lake, Florida. The variance request is from the provisions of Chapter 17, Section 17-4, b). 2). of the Town of Lady Lake Land Development Regulations, which restricts wall sign copy area not to exceed 200 square feet or 20 percent of the façade; whichever is greater.

The variance request is to allow wall sign copy area to be increased an additional 84 square feet of the copy area allowed.

Under the sign code, the maximum that the applicant can have is up to 20 percent of the façade or up to 200 square feet of copy area; whichever is greater.

The copy area allowed for this tenant space per code is 346 square feet (based on 20 percent of the store sign façade of 40.67’x42.5’= 1,728.48 S.F.)

The applicant is requesting for a total of 430 square feet on the main façade; which requires a variance for the 84-square-foot difference.

BACKGROUND

On January 28, 2019, the Town of Lady Lake issued a Development Order for a New Major Site Plan for Lady Lake Commons MJSP 09/18-002, recently changed to Earth Fare Commons, located on approximately 18.5 acres of land along Highway 27/441, Fennell Blvd., and County Road 25. The proposed plaza is presently building 72,243 square feet of retail area. Out of that space, approximately 24,010 square feet will be allocated for Earth Fare.

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.

Earth Fare is proposing signage along the front, side (west), and rear (north) elevations. The variance is pertaining particularly to the front elevation signage where the applicant has stated that “setback of the building on property prevents visibility; therefore, the signage needs to be larger to be seen from the roadway.” To the closest point of the U.S. Highway 27/441 right-of-way line, the storefront sits over 550 lineal feet away, so the applicant has expressed concerns of visibility. Additionally, the tenant is anticipating that the request will not be injurious nor detrimental to the public and will not interfere with the reasonable employment of nearby property owners but rather grant signage that is descriptive in nature, proportional to the location and size of the building, and architecturally pleasing.

With the SR 500 widening near approaching, the applicant feels that the request seeks to provide the “minimum needed to address our concern of providing signage that will give the general public the information needed about Earth Fare’s services and products offered.” All other requirements will be adhered to.

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.

Fiscal Impact

Not applicable.

Source of Funding

Not applicable.

Funding Account

Not applicable.

Past Actions

The Technical Review Committee found that Resolution 2019-108 is ready for the Planning and Zoning Board’s review and recommendation.

At the August 12, 2019 meeting, the Planning and Zoning Board voted 3 to 1 to forward Resolution 2019-108 to the Town Commission with the recommendation of approval.

The Town Commission tabled the first and final reading of this resolution at the September 4, 2019 Special Commission meeting at the request of the applicant.

TC/nvs

Draft Resolution 2019-108

A RESOLUTION GRANTING A VARIANCE FROM THE PROVISIONS OF CHAPTER 17). 17-4). b).2)., OF THE TOWN OF LADY LAKE LAND DEVELOPMENT REGULATIONS WHICH RESTRICTS WALL SIGN COPY AREA TO NOT EXCEED 200 SQUARE FEET OR 20 PERCENT OF THE FAÇADE; WHICHEVER IS GREATER. THE VARIANCE REQUEST IS TO ALLOW WALL SIGN COPY AREA TO BE INCREASED AN ADDITIONAL 84 SQUARE FEET FOR THE EARTH FARE RETAIL SPACE LOCATED WITHIN THE LADY LAKE COMMONS SHOPPING CENTER, ADDRESSED AS 655 NORTH HIGHWAY 27/441 (ALTERNATE KEY 3305451), OWNED BY BENCHMARK LADY LAKE 25 ASSOCIATES LLC, WITHIN THE TOWN LIMITS OF THE TOWN OF LADY LAKE, FLORIDA.

WHEREAS, Benchmark Lady Lake 25 Associates, LLC is the owner of certain real property located in the Town of Lady Lake, Florida, more particularly described in Exhibit “A”; and

WHEREAS, the Property Owner petitioned for a variance from the provisions of Chapter 17, Section 17-4). b).2)., of the Town of Lady Lake Land Development Regulations which restricts wall sign copy area to not exceed 200 square feet or 20 percent of façade, whichever is greater; and

WHEREAS, the variance request is to allow wall sign copy area to be increased an additional 84 square feet for the Earth Fare retail space to be located within the Lady Lake Commons Shopping Center, addressed as 655 N. Hwy 27/441 (Alternate Key No. 3305451), owned by Benchmark Lady Lake 25 Associates, LLC, 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 a variance from the provisions of Chapter 17, Section 17-4). b).2)., of the Town of Lady Lake Land Development Regulations which restricts wall sign copy area to not exceed 200 square feet or 20 percent of façade, whichever is greater. The variance approval allows wall sign copy area to be increased an additional 84 square feet for the Earth Fare retail space to be located within the Lady Lake Commons Shopping Center, addressed 655 N. Hwy 27/441 (Alternate Key 3305451), owned by Benchmark Lady Lake 25 Associates, LLC, 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

Attest:

_________________________
Kristen Kollgaard, Town Clerk

Approved as to form:

_________________________
Derek Schroth, Town Attorney

Exhibit A: Legal Description and Map

Parcel ID 08-18-24-0150-026-00000 (AK 3305451); located in Section 08, Township 18 South, Range 24 East:

LADY LAKE, CONANT BEG AT S 1/4 COR OF SEC 08-18-24 RUN S 0-10-11 W 67.62 FT TO A POINT ON NE'LY R/W LINE OF SAID US HWY 441/27, RUN S 58-09-15 E 531.45 FT ALONG NE'LY R/W LINE OF SAID US HWY 441/27 TO THE POINT OF CURVATURE OF A CURVE CONCAVE SW'LY & HAVING A RADIUS OF 2010.08 FT, THENCE RUN SE'LY 200.72 FT ALONG THE ARC OF SAID CURVE R/W THRU A CENTRAL ANGLE OF 05-43-17 & A CHORD BEARING & DIST OF S 55-17-36 E 200.64 FT TO A R/W JOG, THENCE ALONG A RADIAL LINE N 37-34-02 E 10 FT TO A POINT ON CURVE CONCAVE SW'LY & HAVING A RADIUS OF 2020.08 FT, THENCE SE'LY 27.48 FT ALONG THE ARC OF SAID CURVED R/W THRU A CENTRAL ANGLE OF 0-46-46 & A CHORD BEARING & DIST OF S 52-02-35 E 27.48 FT TO THE BEG OF A NON-TANGENT CURVE CONCAVE TO THE W, SAID CURVE HAVING A CENTRAL ANGLE OF 06-32-26 A RADIUS OF 2028.48 FT & A CHORD BEARING & DIST OF N 16-52-11 E 231.43 FT, THENCE N'LY ALONG THE ARC OF SAID CURVE A DIST OF 231.56 FT, THENCE S 76-24-02 E 13 FT TO THE BEG OF A NON-TANGENT CURVE CONCAVE TO THE W, SAID CURVE HAVING A CENTRAL ANGLE OF 04-23-57, A RADIUS OF 2041.48 FT & A CHORD BEARING & DIST OF N 11-23-59 E 156.71 FT, THENCE N'LY ALONG THE ARC OF SAID CURVE A DIST OF 156.74FT, THENCE S 80-47-59 E 5 FT TO THE BEG OF A NON-TANGENT CURVE CONCAVE TO THE W, SAID CURVE HAVING A CENTRAL ANGLE OF 04-57-17 A RADIUS OF 2046.48 FT & A CHORD BEARING & DIST OF N 06-43-22 E 176.92 FT, THENCE N ALONG THE ARC OF SAID CURVE A DIST OF 176.97 FT, THENCE S 85-45-16 E 2 FT TO THE BEG OF A NON-TANGENT CURVE CONCAVE TO THE W, SAID CURVE HAVING A CENTRAL ANGLE OF 05-31-12, A RADIUS OF 2048.48 FT & A CHORD BEARING & DIST OF N 01-29-08 E 197.28 FT, THENCE N'LY ALONG THE ARC OF SAID CURVE A DIST OF 197.35 FT TO A POINT ON THE W'LY R/W LINE OF CR 25, SAID POINT BEING ON THE POINT OF CURVATURE OF A CURVE CONCAVE SW'LY & HAVING A RADIUS OF 2831.79 FT, THENCE NW'LY ALONG THE W'LY R/W LINE OF CR 25 & ARC OF SAID CURVE, AN ARC DIST OF 408.04 FT, SAID ARC BEING SUBTENDED BY A CHORD BEARING & DIST OF N 05-24-09 W 407.69 FT, THENCE RUN S 80-28-19 W 17 FT TO A POINT THAT IS 50 FT W'LY OF CENTERLINE OF CR 25, SAID POITN BEING ON A NON-TANGENT CURVE CONCAVE SW'LY, HAVING A RADIUS OF 35 FT & A RADIAL BEARING OF N 80-28-19 E, THENCE NW'LY 55.92 FT ALONG THE ARC OF SAID CURVED R/W THRU A CENTRAL ANGLE OF 91-32-46 & A CHORD BEARING & DIST OF N 55-18-04 W 50.16 FT TO A POINT ON S R/W LINE OF FENNELL BLVD 80 FT WIDE, FROM SAID POINT RUN S 78-55-33 W ALONG SAID R/W LINE 193.80 FT TOTHE POINT OF CURVATURE OF A CURVE CONCAVE N'LY & HAVING A RADIUS OF 390 FT, THENCE W'LY 74.39 FT ALONG THE ARC OF SAIDR/W CURVE THRU A CENTRAL ANGLE OF 10-55-45 TO THE POINT OF TANGENCY, THENCE S 89-51-18 W ALONG SAID R/W LINE 199.53 FT TO THE POINT OF CURVATURE OF A CURVE CONCAVE SE'LY & HAVING A RADIUS OF 310 FT, THENCE SW'LY 313.81 FT ALONG THE ARC OF |SAID R/W CURVE THRU A CENTRAL ANGLE OF 58-0-0 TO THE POINT OF TANGENCY, THENCE S 31-51-18 W ALONG SE'LY R/W LINE OF FENNELL BLVD A DIST OF 474.78 FT TO A POINT ON NE'LY R/W LINE OF US HWY 441/27, FROM SAID POINT, RUN THENCE S 58-09-15 E 206 FT ALONG SAID NE'LY R/W LINE TO A POINT ON S BOUNDARY OF SAID SEC 8, RUN S 89-29-02 E 110.67 FT TO POB, BEING IN SECS 8 & 17-18-24 ORB 1061 PGS 1467 1474 1476 1478 1479 ORB 1272 PG 1740 ORB 1543 PG 1367.

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