Commission Meeting Agenda Item

Agenda Item

Resolution 2022-106 – Variance – Siddhi Riddhi, LLC - Pursuant to Chapter 5, Section 5-4. f).1).C.), of the Land Development Regulations (LDRs) which requires that the maximum customary accessory structure square footage within the MX-5 zoning district does not exceed 35 percent of the principal structure. The variance request is to allow a total of 1,500 square feet or 134 percent of the principal structure to be allowed the construction of a 30-foot by 50-foot garage on property addressed as 209 Oak Hill Road, referenced by Alternate Key 1121078, within the Town of Lady Lake.

Agenda Item ID

2022103

Department

Growth Management

Staff recommends approval of the first reading of Resolution 2022-106

Summary

On Tuesday, May 3, 2022, Property Owner/Applicant, Dr. Pushpak Narayana on behalf of Siddhi Riddhi, LLC, filed a variance application for address at 209 Oak Hill Road, referenced by alternate key 1121078, owned by Siddhi Riddhi, LLC, within the town limits of the Town of Lady Lake, Florida. The requested variance from the Land Development Regulations is as follows:

Variance to Chapter 5, Section 5-4. f).1).C.), of the Land Development Regulations (LDRs) which requires the maximum customary accessory structure square footage within the MX-5 zoning district not to exceed 35 percent of the principal structure. The variance request is to allow a total of 1,500 square feet or 134 percent of the principal structure to be allowed the construction of a 30-foot by 50-foot garage to be erected on property addressed as 209 Oak Hill Road, referenced by Alternate Key 1121078, owned by Siddhi Riddhi, LLC.

BACKGROUND

The applicant purchased the property back on September 29, 2018. Our records show that the property is on well and septic and was occupied by a tenant prior to the sale.

The applicant’s justification statement indicates several hardships for consideration pertaining to their situation. First, the applicant would like to build a 30-foot by 50-foot garage behind the existing home. The parcel is over 300 linear feet deep and almost three quarters of an acre in size. Applicant indicates that there is plenty of space to build the structure without interfering with any of the adjacent neighbors. Additionally, the new construction will meet requirements of the Florida Building Code.

Lastly, the applicant wants to assure that the improvement will not disrupt the property values of adjacent neighbors but incorporate a great improvement to what is currently present at the lot and the ultimate tax value of the parcel when the improvements are complete.

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 eight property owners within 150 feet of the property proposed by the variance request were mailed on Thursday, May 26, 2022. The property was posted Tuesday, May 31, 2022.

Fiscal Impact

None.

Funding Account

None

Past Actions

The Technical Review Committee found that Resolution 2022-106 was ready for the Planning and Zoning (P&Z) Board.

At the June 13, 2022 meeting, the Planning and Zoning Board voted 4-0 to forward Resolution 2022-106 to the Town Commission with the recommendation of approval.

Public Hearings

The Commission’s first and final reading of Resolution 2022-106 is tentatively scheduled for Wednesday, July 6, 2022, at 6:00 p.m.

Draft Resolution 2022-106

A RESOLUTION GRANTING A VARIANCE FROM THE PROVISIONS OF CHAPTER 5). 5-4). f).1).C)., OF THE TOWN OF LADY LAKE LAND DEVELOPMENT REGULATIONS WHICH REQUIRES THE MAXIMUM CUSTOMARY ACCESSORY STRUCTURE SQUARE FOOTAGE WITHIN THE MX-5 ZONING DISTRICT NOT TO EXCEED 35 PERCENT OF THE PRINCIPAL STRUCTURE. THE VARIANCE REQUEST IS TO ALLOW APPROXIMATELY 1,500 SQUARE FEET OF CUSTOMARY ACCESSORY STRUCTURE FOR THE CONSTRUCTION OF A 30-FOOT BY 50-FOOT GARAGE TO BE ERECTED AT 209 OAK HILL ROAD, REFERENCED BY ALTERNATE KEY 1121078, OWNED BY SIDDHI RIDDHI, LLC, WITHIN THE TOWN LIMITS OF LADY LAKE, FLORIDA.

WHEREAS, Siddhi Riddhi LLC is the owner of certain real property located in the Town of Lady Lake, Florida, more particularly described in Exhibit “A”; and

WHEREAS, the Property Owners petitioned for a variance from the provisions of Chapter 5, Section 5-4). f).1).C)., of the Town of Lady Lake Land Development Regulations which requires the maximum customary accessory structure square footage within the MX-5 zoning district not to exceed 35 percent of the principal structure; and

WHEREAS, the variance request is to allow a total of 1,500 square feet or 134 percent of the principal structure to be allowed for property addressed as 209 Oak Hill Road, referenced by Alternate Key 1121078, owned by Siddhi Riddhi, LLC, within the town limits of the Town 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 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 5, Section 5-4). f).1).C). of the Town of Lady Lake Land Development Regulations which requires the maximum customary accessory structure square footage within the MX-5 zoning district not to exceed 35 percent of the principal structure. The variance approval hereby grants up to 1,500 square feet or 134 percent of accessory structure for the construction of a 30-foot by 50-foot garage to be erected at property addressed as 209 Oak Hill Road, referenced by Alternate Key 1121078, owned by Siddhi Riddhi, LLC, 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 _______________2022, in Lady Lake, Florida, by the Lady Lake Town Commission.

Town of Lady Lake, Florida

______________________________

Jim Rietz, Mayor

Attest:

______________________________

Nancy Wilson, Town Clerk

Approved as to form:

______________________________

Derek Schroth, Town Attorney

EXHIBIT A — Legal Description and Map

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