Planning and Zoning Meeting Agenda Item

Applicant and business owner Daniel McCarthy Jr. with Hermosa Street, LLC, has petitioned for an after-the-fact variance under the provisions of Chapter 14, Section 14-9, b). 2). B). of the Town of Lady Lake Land Development Regulations, which requires that fire hydrants shall be connected to water mains of six inches minimum size in low density residential subdivisions and a minimum of eight inches mains in all other areas. The request is to allow the existing fire hydrant connection made to a six inches water main located along Hermosa Avenue to remain in place, as opposed to have to connect to an eight inch water main, to continue to serve the existing commercial development and the hydrants to provide fire protection to the property.

BACKGROUND

On January 7, 2014, the Town of Lady Lake issued a Development Order for a New Major Site Plan for the Village Airport Van Campus located at 121 West Hermosa Street. The scope of the project consisted of three phases with three buildings including 4,300 square feet of shop space, 10,300 square feet of office space, and 3,600 square feet for an owner’s/caretaker residence. On December 19, 2013, a building permit was issued for construction of the office building with the three adjacent bays. The office building and the 18,000-gallons liquified petroleum gas (LPG) tank received a certificate of occupancy in 2016. Later, in August 2018, the applicant submitted and completed an interior build-out for the second floor. Yellow Cab of Central Florida operates Village Airport Van and Village Taxi, offering airport shuttle and taxi services respectively at this location since 2016.

In mid-July 2019, upon inspection of construction plans to the Cart World site development, Town staff discovered that the adjacent site, the Village Airport Van Campus, made connection to a six-inch line rather than an eight-inch line when it was built back in 2016. Upon review of the Town’s Land Development Regulations, it was found that the most practical way to address the newly found fire hydrant water main connection discrepancy is through the variance process.

As part of the variance process, the engineer of record for Cart World provided fire hydrant flow test reports that showed that “the two nearest hydrants have a flow over 3,500 gallons per minute at 20 psi”. Town staff and Fire Inspector Consultant Kerry Barnett are in support of the variance since fire protection flow requirements are met.

On July 23, 2019, the applicant applied for the variance. As part of the variance application, the applicant has stated that, “the site was developed as per the approved site civil plans”. The site was constructed as per specifications and the discrepancy was found after the fact. The improvements were already constructed, but immediately upon notification by Town staff, the applicant was willing and able to submit the variance application to correct the found deviation from the Code.

The Village Airport Van Campus does have adequate fire flow from the line since the minimum required flow is 1500 gallons per minute.

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 site has been in operation for the last three years and constructed as per the Town Commission approved plans. The applicant expressed that there was no intention to create the deviation; it was an honest oversight that took place during civil plan review and site construction.

Given that more than adequate fire flow is present at the Village Airport Van Campus, and further, acknowledging that the likelihood of additional commercial development along Hermosa Avenue would be minimal, if any, staff supports the request for the granting of the variance, noting that the health and safety aspect is being met as was intended by putting the requirement of the eight inches tap into the Land Development Regulations.

Notices to inform the surrounding seven property owners within 150 feet of the subject property of the proposed variance were mailed on Thursday, July 25, 2019. The property was posted on Monday, July 29, 2019.