Commission Meeting Agenda Item
Resolution No. 2022-102 – Variance - A Resolution Granting a Variance from the Provisions of Chapter 9). 9-7). D).1). B)., of the Town of Lady Lake Land Development Regulations Which Requires a Setback of 400% of the Height of a Monopole Cell Tower and a Single-Family Residence. The Variance Request is to Allow a Setback of 200 Feet on Property Owned by Douglas A. Hill, Sr. Estate, Located on Sunshower Lane One Half Mile West of Rolling Acres Road, Referenced by Alternate Key 1771498.
Staff Recommended Motion
- Motion to forward Resolution 2022-102 to the Town Commission with the Recommendation of Approval.
- Motion to forward Resolution 2022-102 to the Town Commission with the Recommendation of Denial.
Staff recommends approval of Resolution 2022-102.
Applicant Greg Beliveau, LPG Urban & Regional Planners, Inc., has filed an application on behalf of Douglas A. Hill, Sr. Life Estate, for a variance from the Town of Lady Lake Land Development Regulations, Chapter 9, Section 7, d). 1). B), which requires a setback of 400% of the height of a monopole cell tower and the nearest single-family residence.
The required setback from the nearest adjacent residence would be 748 feet, based upon the height of the tower being 187 feet tall. The applicant has proposed a setback of 200 feet, and has submitted a letter dated October 12, 2021, from Michael W. Springstead, P.E., which states that, “… as the Consulting Structural Engineer, in his professional opinion and to the best of his knowledge and belief, the existing tower will fall and remain within a 200’ radius safety zone to be reserved for this sole purpose.” The applicant contends that the tower is an existing condition upon the property, and that the requirement of 748 feet is much greater than is required to provide a safe fall zone. As per the concurrent rezoning application which is being processed for the proposed planned unit development (PUD) and the provided conceptual plan, the immediate area surrounding the base of the tower will be used as a boat and RV storage location for residents of the development. At present there are no residential structures within the 200 feet fall zone, a condition which will remain when Hammock Oaks is developed should the variance be granted.
The subject properties lie in Section 30, Township 18 South, Range 24 East, in Lake County, Florida. Appropriate legal descriptions, a location map, and a survey has been included with the submitted application. The subject parcel is part of a larger aggregation of property which is concurrently being considered for annexation as part of the Hammock Oaks development.
Notices to inform the surrounding ten property owners within 150 feet of the property proposed by the variance request were mailed Monday, January 31, 2022. There are no public frontages to the property upon which to post the property with signage. Posting of the subject property would only be visible by the adjacent property owners which have all been notified by letter
The variance application was received on Thursday, October 14, 2021, and has been reviewed and determined to be complete. The use of the property is consistent with the Land Development Regulations (LDRs) as well as the adopted Comprehensive Plan and is ready for a recommendation from the Planning and Zoning Board.
The Technical Review Committee found that Resolution 2022-101 was ready for the Planning and Zoning (P&Z) Board.
The Town Commission is scheduled to consider Resolution 2022-102 for first and final reading on Wednesday, February 23, 2022, at 6:00 p.m.
Draft Resolution 2022-102
A RESOLUTION GRANTING A VARIANCE FROM THE PROVISIONS OF CHAPTER 9). 9-7). d).1). B)., OF THE TOWN OF LADY LAKE LAND DEVELOPMENT REGULATIONS WHICH REQUIRES A SETBACK OF 400% OF THE HEIGHT OF A MONOPOLE CELL TOWER AND A SINGLE-FAMILY RESIDENCE. THE VARIANCE REQUEST IS TO ALLOW A SETBACK OF 200 FEET ON PROPERTY OWNED BY DOUGLAS A. HILL, SR. ESTATE, LOCATED ON SUNSHOWER LANE ONE HALF MILE WEST OF ROLLING ACRES ROAD, REFERENCED BY ALTERNATE KEY 1771498, WITHIN LAKE COUNTY, FLORIDA.
WHEREAS, Douglas A. Hill, Sr. Estate is the owner of certain real property located in Lake County, Florida, more particularly described in Exhibit “A”; and
WHEREAS, Greg Beliveau in representation of the Property Owner petitioned for a variance from the provisions of Chapter 9, Section 9-7). d).1).B)., of the Town of Lady Lake Land Development Regulations which requires a setback of 400% of the height of a monopole cell tower and a single-family residence; and
WHEREAS, the variance request is to allow a setback of 200 feet in lieu of providing a separation of the required 748 feet on property owned by Douglas A. Hill, Sr. Estate, located on Sunshower Lane one half mile west of Rolling Acres Road, referenced by Alternate Key Number 1771498, within Lake County, Florida; and
WHEREAS, the applicant has provided a letter from Michael W. Springstead, PE, consulting structural engineer, stating that in his professional opinion the 200-foot separation is an adequate radius safety zone for the 187-foot monopole cell tower; 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 9, Section 9-7). d).1).B)., of the Town of Lady Lake Land Development Regulations requiring a setback of 400% of the height of a monopole cell tower and a single family residence. The variance approval allows a setback of 200 feet between the monopole cell tower and the nearest proposed single family dwelling on property owned by Douglas A. Hill, Sr. Estate, located on Sunshower Lane one half mile west of Rolling Acres Road, referenced by Alternate Key 1771498, within Lake County, Florida.
This Resolution shall take effect immediately upon its adoption by the Town Commission of the Town of Lady Lake.
RESOLVED this 23rd day of February, 2022, in Lady Lake, Florida, by the Lady Lake Town Commission.
Town of Lady Lake, Florida
Jim Rietz, Mayor
Nancy Wilson, Town Clerk
Approved as to form:
Derek Schroth, Town Attorney
EXHIBIT A — Legal Description and Map
Parcel ID 30-18-24-0002-000-00400 (AK 1771498); located in Section 30, Township 18 South, Range 24 East:
The East ¾ of the North ¼ of the Northwest ¼ of Section 30, Township 18 South, Range 24 East and the North ¼ of the West ½ of the Northwest ¼ of the Northeast ¼ of Section 30, Township 18 South, Range 24 East, Lake County, Florida.