Commission Meeting Agenda Item

The variance application is in accordance with the provisions of Chapter 10, Section 10-5). c).3). of the Town of Lady Lake Land Development Regulations, which requires the submittal of a historic tree removal variance application for any property owner who desires to remove a healthy historic tree in a commercial property. The variance request is to allow the removal of a 36-inch historic live oak tree located within the proposed Villages RV Storage development, addressed as 650 S. U.S. Hwy 27/441; referenced by Alternate Key 1015049, owned by Discount Mini Storage of Lady Lake, LLC, within the town limits of the Town of Lady Lake, Florida.

BACKGROUND

On Wednesday, August 14, 2019, Applicant Edward M. McDonald, PE with Thomas Engineering Group, filed a historic tree removal variance application on behalf of property owner Discount Mini Storage of Lady Lake, LLC for the proposed Villages RV Storage development to be addressed as 650 S. U.S. Highway 27/441, within the town limits of the Town of Lady Lake, Florida.

As part of the review process for the Villages RV Storage new major site plan, it was identified that five historic trees (tree numbers 420, 539, 558, 560, and 616) needed to be removed to accommodate the site plan layout, including outlined drive aisles. The historic tree removal variance application requests the removal of the five historic trees. However, based on the condition of these trees provided and certified by the enclosed arborist reports (diseased and decaying), only one tree (tree number 616) is required to be included in the historic tree removal variance application.

In reviewing the arborist reports, trees were given a percentage to rate condition and health. The other four trees were found to be 50 percent of less viable as they are in advanced stages of decay. Due to their substantial declining condition, even if the applicant tries to do the best to preserve them, the trees will pose a threat to people and property, and the stress of a developing site will likely accelerate the trees’ deterioration and weakening. In short, the trees would be considered a liability if kept. On another note, the applicant is proposing to preserve four other historic trees at the site (tree numbers 62, 68, 99, and 102).

Lastly, the applicant stated within the Justification Statement that given the wooded condition of the site, they are preserving over 100 existing trees and adding almost 100 additional trees, as well as hedges, shrubs, and groundcovers to provide for adequate screening and aesthetically pleasing plant material.

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 subject property is in Section 21, Township 18 South, Range 24 East, in Lake County, Florida. Appropriate legal descriptions, a location map, and a sketch of the property have been included with the submitted application. The variance application has been reviewed and determined to be complete. The application meets the requirements of the Land Development Regulations (LDRs), as well as the adopted Comprehensive Plan, and is ready for transmittal to the Town Commission.

Staff mailed notices to inform the 18 surrounding property owners within 150 feet of the property proposed by the variance request on Monday, August 26, 2019. The property was also posted on Monday, August 26, 2019.

As of Thursday, August 29, 2019, staff has received no notice of objection or support have either by phone, mail, or in person regarding this variance request.