Commission Meeting Agenda Item

Agenda Item Title

Resolution 2023-113 – Variance - A Resolution Granting a Variance to Allow Additional Tenants to be Added to the Monument Sign in Accordance with the Provisions of Chapter 17, Section 17-4. b). 2). D)., of the town of Lady Lake Land Development Regulations, on Property Owned by The Enclave Condominium Assn, Inc, a Property Being Approximately 5.0 Acres of Land, Located at 871 Highway 466, Within the Town Limits of the Town of Lady Lake, FL.

Agenda Item ID

2023172

Department

Growth Management

Staff recommends approval of Resolution 2023-113.

Summary

On Wednesday, October 25, 2023, a variance application was filed with the Town of Lady Lake, by Theresa Northup of Mid-Florida Signs & Graphics on behalf of the property owner, The Enclave Condominium Assn, Inc, for property located at 871 Highway 466 in Lady Lake, Florida.

The variance request is pursuant to Chapter 17, Section 17-4. b). 2). D)., of the Land Development Regulations (LDRs) which a maximum of eight tenants to be identified on freestanding signs. The variance request is to allow nine tenants to be identified on the proposed monument sign.

BACKGROUND

On January 23, 2019, the Town Commission approved the site plan for this project, formerly known as SAP Property Holdings, and a Development Order was subsequently issued on January 28, 2019. The site plan is for a multi-tenant medical, professional, and office complex consisting of nine buildings, each with two tenants. The permit for the first building was issued on February 24, 2022, and is currently being occupied by Pulse MD. The permits for the remaining eight buildings were issued on October 4, 2022, and are currently under construction.

JUSTIFICATION STATEMENT

The applicant’s justification statement expresses that the layout of the property is such that six of the nine buildings on the property are not visible from the point of entry on Highway 466. The owner submits that there is a necessity to have one sign panel for each building, both for the benefit of the general public’s ability to see/locate any business residing the six buildings and for the business occupants of those buildings that cannot be seen from Highway 466.

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 13 property owners within 150’ of the subject property of the proposed variance were mailed on Monday, October 30, 2023. The property was also posted on Monday, October 30, 2023.

Fiscal Impact

None

Funding Account

None

Past Actions

The Technical Review Committee reviewed Resolution 2023-113 and found it was ready for consideration by the Planning and Zoning (P&Z) Board.

At the November 13, 2023 meeting, the Planning and Zoning Board voted 5-0 forward Resolution 2013-113 to the Town Commission with the recommendation of denial.