Commission Meeting Agenda Item
Resolution 2021-104 — A Resolution of the Town of Lady Lake, Florida, Granting a Variance to Authorize the Removal of a Historic Tree in Accordance with the Provisions of Chapter 10, Section 10-5. C). 3). A)., of the Town of Lady Lake Land Development Regulations, on Property Owned by M & L Lady Lake, LLC, Located at 401 Us Highway 441 (Alternate Key 1237998)
Staff Recommended Motion
Growth Management staff recommends approval of Resolution 2021-104.
The variance application is in accordance with the provisions of Chapter 10, Section 10-5). c).3). A), 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 40-inch historic Live Oak tree on property owned by M & L Lady Lake, LLC, located at 401 US Highway 441 (Alternate Key 1237998), within the town limits of the Town of Lady Lake, Florida.
On Wednesday, March 31, 2021, applicant 30AIP Lady Lake, LLC, filed a historic tree removal variance application on behalf of property owner M & L Lady Lake, LLC for property located at 401 S. U.S. Highway 27/441, within the town limits of the Town of Lady Lake, Florida.
As part of the review process of the concurrent major site plan application, it was identified that one historic tree needed to be removed to accommodate the site plan layout. The applicant states that the required setbacks from the tree, in order to save it, would be significant and would impact the right of the applicant to maximize the use of the land to the fullest extent possible pursuant to the Land Development Regulations.
The applicant is required to provide 206 caliper inches of tree cover for the 1.29-acre parcel. They are proposing to remove 305 inches of tree cover and preserve 191 inches of existing trees on the property, equaling 39% of the existing tree coverage on the property. The trees to remain when combined with the new plantings proposed for the site will provide planting in the amount of 319 caliper inches.
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 7, 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 surrounding property owners within 150 feet of the property proposed by the variance request on Monday, April 26, 2021. The property was also posted on Monday, April 26, 2021.
To date, Town staff has received no comments in objection or support either by phone, mail, or in person regarding this variance request.
The Technical Review Committee found that Resolution 2021-104 was ready for transmittal to the Planning and Zoning Board.
At the May 10, 2021 meeting, the Planning and Zoning Board voted 5 to 0 to forward Resolution 2021-104 to the Town Commission with the recommendation of approval.
Source of Funding
Draft Resolution 2021-104
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF LADY LAKE, FLORIDA, GRANTING A VARIANCE TO AUTHORIZE THE REMOVAL OF A HISTORIC TREE IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 10, SECTION 10-5. c). 3). A)., OF THE TOWN OF LADY LAKE LAND DEVELOPMENT REGULATIONS, ON PROPERTY OWNED BY M & L LADY LAKE, LLC, LOCATED AT 401 US HIGHWAY 441 (ALTERNATE KEY 1237998), WITHIN THE TOWN LIMITS OF THE TOWN OF LADY LAKE, FLORIDA.
WHEREAS, M & L Lady Lake, LLC, the property owner of certain real property located in the Town of Lady Lake, Florida, more particularly described in Exhibit “A,” has petitioned for a variance from the provisions of Chapter 10, Section 10-5, c).3).A).; and
WHEREAS, the applicant is requesting to be allowed to remove one historic tree having a diameter at breast height (DBH) of forty inches on property located at 401 US Highway 441, referenced by Alternate Key Number 1237998; 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 Chapter 10, Section 10-5, c).3).A)., of the Town of Lady Lake Land Development Regulations which requires a variance for the removal of historic trees, and to allow for the removal of one historic tree on property located at 401 US Highway 441 (Alternate Key 1237998), 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 7th day of June, 2021, in Lady Lake, Florida, by the Lady Lake Town Commission.
Town of Lady Lake, Florida
Ruth Kussard, Mayor
Nancy Slaton, Town Clerk
Approved as to form:
Derek Schroth, Town Attorney
EXHIBIT A — Legal Description and Map
SECTION 07 TOWNSHIP 18 SOUTH RANGE 24 EAST; BEGIN AT THE INTERSECTION OF WEST LINE OF SAID GOV LOT 8 & NE'LY THE R/W OF US HIGHWAY 441, THENCE N 0-15-10 E ALONG W LINE OF SAID GOV LOT 8 A DIST OF 176.32 FT TO NW COR OF SAID GOV LOT 8, S89-59-20 E ALONG N LINE OF GOV LOT 8 A DIST OF 299.26 FT, S 17-12-35 W 343.91 FT TO AN INTERSECTION WITH THE NE'LY R/W OF SAID US HWY 441 ON A CURVE CONCAVE TO THE NE & HAVING A RADIUS OF 11359.20 FT, THENCE NW'LY ALONG SAID CURVING NE'LY R/W OF US HWY 441 THRU A CENTRAL ANGLE OF 0-0-54 & AN ARC DIST OF 201.25 FT TO THE POINT OF TANGENCY & END OF SAID CURVE, THENCE N 52-04-17 W ALONG THE NE'LY R/W OF US HWY 441 A DIST OF 48.75 FT TO POB--LESS GRIFFIN AVE ORB 5198 PG 2352