Commission Meeting Agenda Item
Resolution 2020-108 — A Resolution Granting a Variance from the Provisions of Chapter 17). Section 7). A).17)., of the Town of Lady Lake Land Development Regulations to Allow the Placement of a Freestanding Sign Off-Premises Located 25 Feet East of the Intersection of Old Vineyard Road and Highway 27/441; Sign Being Situated within the Public Right-of-Way of Old Vineyard Road; within Town Limits of the Town of Lady Lake, Florida
Staff Recommended Motion
Staff recommends approval of the first and final reading of Resolution 2020-108.
On Thursday, August 27, 2020, applicant Martin DelleBovi filed a variance application on behalf of Lady Lake Square LLC requesting to place an off-premises sign to direct passers-by to property referenced as Lady Lake Square. Specifically, the proposal is to allow one pylon sign of 20 feet in height to be placed in the public right-of-way of Old Vineyard Road; this would require a variance from Chapter 17). Section 7). A).17) which prohibits the placement of off-site signs.
On September 18, 2019, Mr. DelleBovi came before the Town Commission at a Conceptual Workshop to discuss the need for signage identification for a future development plan called “Lady Lake Square”. He stated that a sign would be needed in a median within the right-of-way of Old Vineyard Road to direct traffic to the 44-acre site where the development would be constructed. It was the consensus of the Commission at that meeting to move forward with the proposal for the off-site freestanding pylon sign.
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 applicant has stated that the variance is necessary to provide a means to navigate to the development from the primary corridor of Highway 27/441, as there exists no frontage of the 44-acre property along the highway. The height of the sign does comply with the Land Development Regulations in that it will stand at 20 feet.
Pending approval of the variance, Mr. DelleBovi will draft the necessary easement documents required to construct a median within the right-of-way of Old Vineyard Road, a Town right-of-way, in which the 20-foot sign will be placed. In addition, he has also indicated that he is prepared to put forth a bond for any maintenance or repairs to the sign during and after construction.
Notices to inform the two surrounding property owners within 150 feet of the subject location of the proposed sign were mailed on Monday, August 31, 2020. The property was posted on Tuesday, September 1, 2020.
The Technical Review Committee found that Resolution 2020-108 is ready for the Planning and Zoning Board’s review and recommendation.
At the September 14, 2020 meeting, the Planning and Zoning Board voted 3 to 0 to forward Resolution 2020-108 to the Town Commission with the recommendation of approval.
Draft Resloution 2020-108
A RESOLUTION GRANTING A VARIANCE FROM THE PROVISIONS OF CHAPTER 17). SECTION 7). a).17)., OF THE TOWN OF LADY LAKE LAND DEVELOPMENT REGULATIONS TO ALLOW THE PLACEMENT OF A FREESTANDING SIGN OFF-PREMISES LOCATED 25 FEET EAST OF THE INTERSECTION OF OLD VINEYARD ROAD AND HIGHWAY 27/441; SIGN BEING SITUATED WITHIN THE PUBLIC RIGHT-OF-WAY OF OLD VINEYARD ROAD; WITHIN TOWN LIMITS OF THE TOWN OF LADY LAKE, FLORIDA.
WHEREAS, Lady Lake Square, LLC has filed an application to place an off-premises sign to direct passers-by to property referenced as Lady Lake Square within the Town of Lady Lake, Florida, with the sign location more particularly described in Exhibit “A”; and
WHEREAS, the Applicant petitioned for a variance from the provisions of Chapter 17, Section 7). a).17), of the Town of Lady Lake Land Development Regulations which prohibits the placement of freestanding signs off-premises; and
WHEREAS, the variance request is to allow one pylon sign of 20 feet in height to be placed in the public right-of-way of Old Vineyard Road; 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 7). a).17)., of the Town of Lady Lake Land Development Regulations which prohibits the placement of freestanding signs off-premises, 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 _____ day of _________________, 2020, 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 — DESCRIPTION AND MAP OF SIGN LOCATION
A PORTION OF THE PUBLIC RIGHT-OF-WAY LYING 25 FEET EAST OF THE INTERSECTION OF OLD VINEYARD ROAD AND HIGHWAY 27/441 IN SECTION 08 TOWNSHIP 18 SOUTH RANGE 24 EAST IN THE TOWN OF LADY LAKE FLORIDA.