Commission Meeting Agenda Item

On Wednesday, June 23, 2021, applicant, Lester L. White, filed a variance application for property addressed as 223 Gibson Street, located at the intersection of Gibson Street and Booker Street, Lot 1 of Block C of the Washington Heights Subdivision, referenced by Alternate Key 1750776, and owned by Cynthia L Hines-White and Lester L White, within the town limits of the Town of Lady Lake, Florida.

The variance request is to allow the front yard setback to be established at 18.7 feet to preserve an after-the-fact 20 foot by 21 foot carport erected at 223 Gibson Street by the property owners.

BACKGROUND

In October of 2020, Mr. & Mrs. White visited Town Hall looking for some guidance regarding installing a carport at their home address. At that time, they were advised that the size of the carport they wanted to install would encroach within the front-yard setback. On March 17, 2021, Code Enforcement observed a newly installed carport at 223 Gibson Street, and on April 19, 2021, the Whites and Code Enforcement field-verified that in addition to the after-the-fact building permit, a variance would likely be needed for the front-yard setback encroachment.

An Order of Enforcement was sent at the end of April indicating that the applicants had not submitted a variance application and a subsequent after-the-fact building permit needed to establish that the property was in compliance with Town Code. The Order of Enforcement specified that the property owners had until June 30, 2021 to submit the variance application; otherwise, an Order of Fine at a rate of $50.00 per day was to commence starting July 1, 2021. The Whites submitted the variance application on June 23, 2021,

In reviewing the Land Development Regulations, Town staff communicated several times to the applicant the requirement of the 25-foot front yard setback within the MX-5 district for improvements proposed fronting a public right of way. During a Code Enforcement Special Magistrate hearing, it was established that the property owners had violated the provisions of the Town’s Code, and through evidence and testimony, established the Order of Enforcement for noncompliance was warranted.

The applicant’s justification statement indicates that a hardship consideration for approving the front-yard setback variance is because of the need for easy access to their vehicles and motor scooter which was issued by the Veteran Affairs Office because of a service-connected injury while serving the military.

Additionally, the Whites indicated that they are in great need of the carport as the carport serves to shelter Mr. White’s service animal dog from the weather as well. The applicants provided additional medical information supporting the reason for Mr. White to have the service animal dog.

All other requirements, including side yard setbacks, rear yard setbacks, and impervious surface ratio requirements will be adhered to.

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.

Given that this case is an after-the-fact variance application, Town staff will defer to the Planning & Zoning Board and Town Commission’s decisions based on requirements, evidence, testimony, and presented hardships found within the variance application.

Notices to inform the surrounding nine property owners within 150’ of the subject property of the proposed variance were mailed on Monday, July 26, 2021. The property was also posted on Monday, July 26, 2021.