Planning and Zoning Meeting Agenda Item

On Wednesday, September 20, 2022, a variance application was filed with the Town of Lady Lake, by Jason and Helen Accurso, for property located at 428 Cierra Oaks Circle in the Cierra Oaks Subdivision in 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 for All Single-Family Lots Located Within the MF-12 "Multi-Family High-Density Low Rise” Zoning District. The variance request is to allow an 11.8-foot rear yard setback on the property.

BACKGROUND

The applicants, Jason and Helen Accurso, have ownership of Lots 43 and Lot of the Cierra Oaks Subdivision; the primary residence was constructed on Lot 43, and recently, a swimming pool was constructed on Lot 44. At the time of the permit submittal for the construction of the pool and enclosure, the dimensions provided to Town staff indicated the setback was to be 20 feet from the rear property line. However,  upon receipt of the post-construction as-built survey, the setback was only 11.8 feet from the rear property line.

JUSTIFICATION STATEMENT

The applicant’s justification statement expresses that the construction of the pool and enclosure within the setback was an honest mistake, and that he did not realize the pool enclosure would be considered a structure. The pool, as well as the enclosure, do not encroach into any drainage or utility easements on the property, and the front setback as well as the side yard setback is being met.

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 19 property owners within 150’ of the subject property of the proposed variance were mailed on Monday, September 25, 2023. The property was also posted on Tuesday, September 26, 2022.