Commission Meeting Agenda Item

On Thursday, January 9, 2022, property owner/applicant, Andrew H. Richardson, on behalf of Kathleen Richardson and himself filed a variance application to increase the maximum impervious surface ratio (of paved areas) allowed within the MX-8 Zoning District for property addressed as 1620 Pinehurst Drive, referenced by alternate key 2986271.

The variance request is pursuant to Chapter 5, Section 5-4. g).4).D.), of the Land Development Regulations (LDRs) which requires the maximum impervious surface ratio of paved areas within the MX-8 zoning district not to exceed 60 percent of the lot size. The variance request is to allow a maximum of up to 65 percent of impervious surface ratio on the lot to build a 10-foot by 10-foot deck at 1620 Pinehurst Street.

BACKGROUND

On December 2021, Patriot Builders submitted a building permit to build a 10-foot by 10-foot deck for Mr. and Mrs. Richardson on the subject parcel. Prior to that, the Richardson’s received approval from The Villages Architectural Review Committee to proceed to the Lady Lake for permitting. Once the building permit was under review, it was determined that the lot exceeded the maximum allowable impervious surface ratio limit.

Mr. Richardson was instructed to obtain a survey so that Town staff could more accurately calculate the existing impervious surface square footage at the site. Soon after, Town staff received a survey that was completed on July 11, 2017 by Swerdloff & Perry Surveying, Inc. that reflected the existing site conditions to date. The calculations derived from the survey concluded that 63 percent of the lot is paved, and that the additional 100 square feet requested by the applicant for a deck would increase the total of impervious surface ratio close to 65 percent.

In reviewing the Land Development Regulations, the reason for this variance is both to address the exceeding square footage of impervious surface ratio on the lot as well as to request the additional 100 square feet to build the deck.

The applicant’s justification statement indicates several hardships for consideration pertaining to their situation. First, the applicant was under the impression all these years that there was no discrepancy in the square footage of paved areas within the lot versus what the Town Code allows. Mr. Richardson indicated that he submitted for a concrete building permit in 2005, everything was approved, and inspections were signed off by Town staff. There was no additional follow up with him to advise that the lot was exceeding the square footage allowed.

Mr. Richardson indicated that the process for the 10-foot by 10-foot deck installation started back in April 2021 after getting approval from the ARC, and then after that he has incurred several costs associated with the project including spending $1,995.00 on a retractable shade awning, $200.00 for an electrical outlet, and $2,850.00 paid to Patriot Builders for materials and other permitting services.

Lastly, the applicant indicated that they have a lot of money invested in this project and that a lot of the groundwork was done because they thought they were good to go. He was told by other contractors that some counties do not even require building permits for decks less than 120 square feet if the height is equal to or less than 30 inches above grade. Town Staff was able to verify this information with Lake County.

Mr. Richardson stated that they have been saving for a while to build the deck so that they are able to sit outside to enjoy a meal or a drink after a hard day’s work. The Richardson’s feel that they have always followed the rules regarding submitting building permits for any work and have always done things right in Lady Lake unlike some other cases in his neighborhood. Additionally, the applicant is pleading that he believes the proposal would be beneficial to their health for the years they have left and would like  this board to consider the fact that he is very elderly, and that he just wants to make a small improvement to what he considers his forever home before his health declines.

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.

Notices to inform the surrounding 23 property owners within 150’ of the subject property of the proposed variance were mailed on Monday, January 31, 2022. The property was also posted on Monday, January 31, 2022.