Commission Meeting Agenda Item
Resolution 2020-114 — First and Final Reading — Knight Real Estate, Inc. — Variance Pursuant to Chapter 15). Article II, Section 15-52). a).2). C)., of the Town of Lady Lake Land Development Regulations — Requesting a Minimum Driveway Distance Setback of 67 Feet to Redevelop a Former Gas Station Commercial Property into a Carwash Identified as Big Dan’s Carwash MJSP 10/20-001, to be Located at 135 N. Highway 27/441, Referenced by Alternate Key Number 2933224
Staff Recommended Motion
Staff recommends approval of the first and final reading of Resolution 2020-114.
Applicant Patricia Ortiz with Ortiz Planning Solutions has petitioned for a variance under the provisions of Chapter 15). Article II, Section 15-52). a).2). C). of the Town of Lady Lake Land Development Regulations, which requires that no commercial driveway shall be permitted with its nearest edge closer than 100 feet, or if lot does not have 100 feet then at the furthest point, from the edge of the nearest right-of-way line of an intersecting road classified as collector or arterial. The request is to allow a minimum driveway distance setback of 67 feet to redevelop the vacant property into a new carwash site.
On Thursday, October 22, 2020, the Town of Lady Lake received a New Major Site Plan for Big Dan’s Carwash proposing a 4,240-square-foot carwash building, 22 vacuum cleaning spaces, and eight bug prep spaces. The scope of the project includes a full redevelopment with underground stormwater, dumpster enclosure, and landscaping plans. As per the Lake County Property Appraiser’s record, the defunct gas station building is a 624-square-foot structure constructed back in 1960 and the subject lot was platted in or about 1925.
On Thursday, October 26, 2020, Town staff received the variance application to accompany the site plan. When the site was originally constructed in accordance to the Codes at the time, the driveway along West Guava Street was placed approximately 67 feet from the nearest edge intersecting North Highway 27/441.
In review of the Land Development Regulations, it was found that due to the site being vacant for longer than six months, all new regulations are applicable for the scope of the redevelopment. Fire Inspector Kerry Barnett, the Town’s consultant for fire plan review, advised that there were no issues with the location of the driveway providing the driveway entrance width remains a minimum of 16 feet for emergency response vehicles access.
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 lies in Section 20 Township 18 Range 24, Lady Lake Florida. The property is zoned “HC” (Heavy Commercial), which permits the construction of the proposed carwash site improvements. The Future Land Use Map designation for the site is RET (General Retail Sales and Services).
Subject Property Zoning: HC – Heavy Commercial
Zoning of Adjacent Properties:
|North||Right of Way/HC - Heavy Commercial|
|East||CP - Planned Commercial|
|South||HC - Heavy Commercial|
|West||Right of Way/HC - Heavy Commercial and Public Facilities District (PFD)|
The applicant stated that the direct highway frontage and narrow width of the lot are special and unique conditions peculiar to this site as the site itself cannot be reconfigured. The zoning and commercial character of the area supports the carwash use and redevelopment will add positive value to surrounding properties. The average trip generation is 30 vehicles entering and 30 vehicles exiting during the PM peak hours, which results in a minimal impact on US 27. Cross-access easement to the adjacent business to the south will be provided. Lastly, the SR 500 widening removes any entrances and access from Hwy 27/441, so the entrance along West Guava Street is imperative to the redevelopment of any commercial project at this location.
Given that the site has been in existence and the set-up has been noted to meet health and safety requirements of the Land Development Regulations, Town staff supports the variance application.
Notices to inform the surrounding ten property owners within 150’ of the subject property of the proposed variance were mailed on Wednesday, November 25, 2020. The property was posted on Monday, November 30, 2020.
The Technical Review Committee found that Resolution 2020-114 was ready for transmittal to the Planning and Zoning Board.
At the December 14, 2020 meeting, the Planning and Zoning Board voted 3 to 0 to forward Resolution 2020-114 to the Town Commission with the recommendation of approval.
Draft Resolution 2020-114
A RESOLUTION GRANTING A VARIANCE FROM THE PROVISIONS OF CHAPTER 15, ARTICLE II, SECTION 15-52). a). 2). C). OF THE TOWN OF LADY LAKE LAND DEVELOPMENT REGULATIONS WHICH STATES THAT NO COMMERCIAL DRIVEWAY SHALL BE PERMITTED WITH ITS NEAREST EDGE CLOSER THAN 100 FEET, OR IF THE LOT DOES NOT HAVE 100 FEET, THEN AT ITS FURTHEST POINT FROM THE EDGE OF THE NEAREST RIGHT OF WAY LINE OF AN INTERSECTING ROAD CLASSIFIED AS A COLLECTOR OR ARTERIAL. THE APPLICANT IS REQUESTING A MINIMUM DRIVEWAY SETBACK OF 67 FEET FROM THE INTERSECTION OF NORTH US HIGHWAY 27/441 AND WEST GUAVA STREET, ON PROPERTY OWNED BY KNIGHTS REAL ESTATE INC., LOCATED AT 135 NORTH HIGHWAY 27/441 (AK 2933224), WITHIN THE TOWN LIMITS OF LADY LAKE, FLORIDA.
WHEREAS, Knights Real Estate Inc., is the owner of certain real property located in the Town of Lady Lake, Florida, more particularly described in Exhibit “A”; and
WHEREAS, the Applicant/Property Owner petitioned for a variance under the provisions of Chapter 15, Article II, Section 15-52, a). 2). C). of the Town of Lady Lake Land Development Regulations, which states that no commercial driveway shall be permitted with its nearest edge closer than 100 feet, or if the lot does not have 100 feet, then at its furthest point from the edge of the nearest right of way line of an intersecting road classified as a collector or arterial. The variance request is to request a minimum driveway setback of 67 feet from the intersection of North US Highway 27/441 and West Guava Street, located at 135 North Highway 27/441 (Alternate Key 2933224), within the Town limits 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 the variances set forth in the Land Development Regulations of the Town of Lady.
THEREFORE, BE IT RESOLVED that the Town Commission of the Town of Lady Lake, Florida, hereby grants a variance 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 the variances set forth in the Land Development Regulations of the Town of Lady.
RESOLVED this 20th day of January, 2021, by the Town Commission of the Town of Lady Lake, Florida.
Town of Lady Lake, Florida
Ruth Kussard, Mayor
Nancy Slaton, Interim Town Clerk
Approved as to form:
Derek Schroth, Town Attorney
Exhibit A - Legal Description and Map
Parcel ID 20-18-24-0400-000-04702; Section 20, Township 18 South, Range 24 East; LADY LAKE, W'LY 200.28 FT OF N'LY 55.4 FT OF LOT 47, W'LY 200.28 FT OF LOT 50--LESS FROM SE COR OF SEC 17 RUN N 89-55-43 W ALONG THE S'LY BOUNDARY LINE OF SEC 17 A DIST OF 499.35 FT TO A POINT LYING ON THE CENTERLINE OF SURVEY OF SR 500, THENCE RUN N 25-44-24 W ALONG SAID CENTERLINE OF SURVEY OF SR 500 A DIST OF 1077.83 FT, THENCE RUN N 63-26-25 E 50 FT TO THE INTERSECTION OF THE E'LY R/W LINE OF SAID SR 500 & THE S'LY R/W LINE OF GUAVA ST, A 50 FT R/W ALSO BEING THE POB, THENCE CONT N 63-26-25 E ALONG SAID S'LY R/W LINE OF GUAVA ST A DIST OF 23.04 FT TO THE BEG OF A NON-TANGENT CURVE CONCAVE TO THE E, SAID CURVE HAVING A CENTRAL ANGLE OF 73-07-17, A RADIUS OF 26 FT, & A CHORD BEARING & DIST OF S 09-33-58 W 30.98 FT RESPECTIVELY, THENCE RUN S'LY ALONG THE ARC OF SAID CURVE A DIST OF 33.18 FT, THENCE S 26-59-40 E A DIST OF 242.09 FT, THENCE S 63-36-36 W 10.44 FT TO A POINT LYING ALONG SAID E'LY R/W LINE OF SR 500, THENCE N 25-44-24 W ALONG SAID E'LY R/W LINE OF SR 500 A DIST OF 267.09 FT BACK TO THE POB FOR RD R/W--PB 8 PG 9 ORB 5034 PG 321.