Commission Meeting Agenda Item
Agenda Item Title
Resolution No. 2024-101 – Variance - A Resolution Granting a Variance from the Provisions of Chapter 5). Chart 5-2, of the Town of Lady Lake Land Development Regulations Which Requires the Rear Yard Setback to be a Minimum of 20 Feet Within the MX-5 "Mixed Low Density Residential” Zoning District. The Variance Request is to Allow a Minimum of an 11.08 Foot Rear Yard Setback on Property Owned by Robert Klapperich and Tiffany Henderson, Located at 37911 Ridgecrest Lane, within the Town Limits of Lady Lake, Florida.
Agenda Item ID
Staff Recommended Motion
Staff recommends approval of Resolution 2024-101.
On Monday, December 11, 2023, a variance application was filed with the Town of Lady Lake, by Robert Klapperich and Tiffany Hendersen, for property located at 37911 Ridgecrest Lane, within the Town Limits of Lady Lake, Florida.
The variance request is pursuant to Chapter 5, Chart 5-2, of the Land Development Regulations (LDRs) which requires the rear yard setback to be a minimum of 20 feet within the MX-5 "Mixed Low Density Residential” Zoning District. The variance request is to allow an 11.08-foot rear yard setback on the property.
The applicants, Robert Klapperich and Tiffany Henderson, purchased the subject property in February of 2023. The laundry room addition was constructed by the previous owners without permits. On August 9, 2023, Patriot Builders submitted an after-the-fact permit for the addition on behalf of the homeowner. When the permit was submitted, it was discovered that the addition encroaches into the twenty-foot rear setback. The home without the addition does meet the required setbacks.
The applicant’s justification statement expresses that when the home was purchased, the laundry room on the back of the house, which contains the main electric and hot water heater, was not finished, and had water and termite damage. The homeowner had the understanding that a permit would not be needed to repair the room. The homeowner had electric and plumbing permits pulled for the repair of those portions of the project. At the completion of the repairs, the homeowner discovered that the previous owners had constructed the laundry room addition without a permit. When attempting to secure an after-the-fact permit, it was discovered that the addition was constructed within the rear setback. The homeowner is pursuing the variance to rectify the existing violation.
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 three property owners within 150’ of the subject property of the proposed variance were mailed on Tuesday, December 26, 2023. The property was also posted on Tuesday, December 26, 2023.
The Technical Review Committee reviewed Resolution 2024-101 and found it was ready for consideration by the Planning and Zoning (P&Z) Board.
At the January 8, 2024 meeting, the Planning and Zoning Board voted 4-0 to forward Resolution 2024-101 to the Town Commission with the recommendation of approval.