Commission Meeting Agenda Item
Resolution 2022–107 — First and Final Reading — Plaza Professional Center — Variance Request for the Removal of One Live Oak 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 Located at 304-314 La Grande Blvd., owned by GTMJ Investment Group, LLC, Referenced by Alternate Key Number 3808678; within the Town of Lady Lake limits.
Agenda Item ID
Staff Recommended Motion
Staff recommends approval of Resolution 2022-107
The variance application is in accordance with the provisions of Chapter 10, Section 10-5). c).3)., 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 one historic oak tree located within property addressed as 304-314 La Grande Blvd. (Alternate Key No. 3808678), owned by GTMJ Investment Group, LLC, within the town limits of the Town of Lady Lake, Florida.
On October 21, 2021, ISA Certified Arborist William Needham with Michael Pape & Associates performed an on-site tree evaluation at the request of the Villages Commercial Property Management, and it was found that there was a total of 22 compromised trees that need removal, including non-viable and viable trees.
One of the viable trees identified to be removed is a Historic 36-inch Live Oak Tree located within a planter that it has outgrown. The tree itself is healthy, but the roots have pushed up the concrete up. They have shaved the concrete down in those areas; however, the applicant feels this is just a short-term solution. Additionally, creating a larger island is not an option since the area where the tree is planted is very tight and traffic must go around the tree.
The report shows that the trees are planted in an older site where landscaping planting best management practices, such as root barrier and spacing requirements, were not widely known nor implemented. The site dates back to early 1980s. Damage to the site infrastructure, such as damaging building foundations, sidewalks, and to curbing of parking lot areas, are all significant reasons to grant tree removal for hazardous trees decayed or dying. On May 24, 2022, the applicant was granted approval to remove the compromised trees except the 36-inch Historic Live Oak Tree.
On Wednesday, June 15, 2022, applicant, Suzanne Stancil with Michael Pape and Associates, proposes the removal of a 36-inch Live Oak tree, on behalf of property owner GTMJ Investment Group, LLC. The variance is required due to the Historic tree outgrowing a small planter island in the middle of the parking lot which is actively causing damage to parking lot infrastructure with its root system.
Lastly, the applicant demonstrated that there is still a lot of plant material that will be left on the site compared to what will be removed; therefore, tree replacement is not necessary at this time to further avoid the plant material overcrowding and tree separation issues.
Total Tree Caliper Inches Preserved: 1,191 TCI
Total Trees to be Preserved: 29 Trees
Total Tree Caliper Inches to be Removed: 374 TCI
Total Trees proposed to be removed: 23 trees
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 05, 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 14 property owners within 150 feet of the property proposed by the variance request on Thursday, June 23, 2022. The property was also posted on Thursday, June 23, 2022.
As of Tuesday, July 5, 2022, no objection or support has been received by Town Staff either by phone, mail or in person regarding this variance request.
At the May 16, 2022, Special Conceptual Town Commission Workshop Meeting, the applicant received consensus from the Town Commission to proceed with the Historic Tree Removal Variance application.
The Technical Review Committee individually review the variance application and found that Resolution 2022-107 is ready for transmittal to the Planning and Zoning Board.
At the July 11, 2022 meeting, the Planning and Zoning Board voted 3-0 to forward Resolution 2022-107 to the Town Commission with the recommendation of approval.
Draft Resolution 2022-107
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF LADY LAKE, FLORIDA, GRANTING A VARIANCE TO AUTHORIZE THE REMOVAL OF ONE LIVE OAK 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 GTMJ INVESTMENT GROUP, LLC, LOCATED WITHIN THE COMMON AREAS OF 304-314 LAGRANDE BLVD. (ALTERNATE KEY 3808678), WITHIN THE TOWN LIMITS OF THE TOWN OF LADY LAKE, FLORIDA.
WHEREAS, GTMJ INVESTMENT GROUP 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 live oak tree having a diameter at breast height (DBH) of at least 36 inches; located within the common areas at 304-314 La Grande Blvd., referenced by Alternate Key Number 3808678; 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 live oak historic tree located at 304-314 La Grande Blvd., referenced by Alternate Key Number 3808678, 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
Nancy Wilson, Town Clerk
Approved as to form:
Derek Schroth, Town Attorney