Planning and Zoning Meeting Agenda Item

Applicants and property owners, Kuntee and Harnarine Poorun, have petitioned for a variance under the provisions of Chapter 14, Section 14-9, b). 2). B). of the Town of Lady Lake Land Development Regulations, which states the distance from or spacing of fire hydrants shall be a minimum of 800 feet in residential districts. The variance request is to allow that the spacing distance between fire hydrants be set at 365 feet as opposed to the required 800 feet spacing from the closest fire hydrant to facilitate property addressed as 127 East Lemon Street (Alternate Key Number 3910612), within the Town limits of Lady Lake, Florida.

BACKGROUND

On February 21, 2018, the Town Commission approved the Poorun Minor Subdivision; a proposal seeking to establish three parcels from a 2.84-acre main parent parcel that fronts Hermosa Street and East Lemon Street within the Town limits of Lady Lake.

As a result, Parcel 1, Parcel 2 and Parcel 3 were created with .87 acres, .50 acres and 1.47 acres each respectively. During the regular Town Commission meeting, it was stated that the applicant would be required to install fire hydrants in association with the construction of new single-family residences as proposed. When it came time to build on Parcel 1, Town staff and utility workers met on site several times to establish the location where the fire hydrant is to be installed to satisfy the Fire Protection Code, Life Safety Requirements, and the Land Development Regulations. During the first on-premises meeting, it was determined that the fire hydrant can be installed approximately 55 feet east of the intersection of East Lemon Street and Rosemary Avenue; along East Lemon Street, approximately 218 feet west to the center half of Parcel 1. At that location, the fire hydrant would be placed with a spacing of 365 feet to the closest fire hydrant as opposed to the required 800 feet spacing distance between fire hydrants, but the location would meet Fire Protection Code and Life Safety Requirements. The location was marked by Town staff and utilities, and a Fire Plan Review was completed by Fire Inspector Kerry Barnett on January 17, 2019, approving the project.

During another on-premises meeting after the approval, it was determined that in order for the fire hydrant location to meet the LDRs, fire hydrant spacing requirement provisions of Chapter 14, the fire line would have to be extended an additional 435 lineal feet from the location originally marked during the first on-premises meeting. At that point, the applicant expressed that the project would not be financially feasible, and it would become a deal-breaker to move forward.

The variance request is to allow the fire hydrant to be set at 365 feet as opposed to the required 800 feet spacing from the closest fire hydrant to facilitate a new single-family residence currently being constructed at property addressed as 127 East Lemon Street.

As required of this application, a Justification Statement was submitted. The applicant has cited that they are building a new house in an older, existing, developed neighborhood where fire hydrants never existed before, and they now bear the burden to fill in the gap for fire hydrant service for their block. The Pooruns stated that due to their original application being a Minor Subdivision, the installation of a new fire hydrant was warranted. However, if a single lot were to be developed instead of the Minor Subdivision, the fire hydrant would not have been required.

Lastly, they stated that they are retired and dealing with overwhelming relocation expenses from New York and building a new home. Extending the fire line an additional 435 lineal feet is an unforeseen cost that far exceeds their current budget. As they make their move to Florida, they feel in limbo because the issuance of the final Certificate of Occupancy is contingent to the installation and inspection of the new fire hydrant. The Fire Inspector, Building Official, and Public Works Department reviewed the application as referenced in the Technical Review Committee report included in the packet.

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 lies in Section 16, Township 18, Range 24, in Lady Lake Florida. The property is zoned “RS-6” (Single Family Medium Density), which permits the construction of the new single-family residence. The Future Land Use Map designation for the site is Single Family Medium Density (SF-MD).

The zoning of adjacent properties along the east, west, north and south is Single Family Medium Density (RS-6).

Notices to inform the nine surrounding property owners within 150’ of the subject property of the proposed variance were mailed on Monday, February 25, 2019. The property was also posted on Monday, February 25, 2019.