Commission Meeting Agenda Item
Resolution 2021-105 — Variance - Cynthia L. Hines-White and Lester L White — Chapter 5). 5-4). F).4).C).1).A)., of the Town of Lady Lake Land Development Regulations which Requires the Front Yard Setback within the MX-5 Zoning District to be 25 Feet. The Variance Request is to Allow the Front Yard Setback to be 18.7 Feet, for Property Located at 223 Gibson Street, Referenced by Alternate Key 1750776; within Lake County, Florida.
Staff Recommended Motion
- Motion to forward Resolution 2021-105 to the Town Commission with the recommendation of approval.
- Motion to forward Resolution 2021-105 to the Town Commission with the recommendation of denial.
Staff is not making a recommendation since this is an after-the-fact variance.
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.
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.
The Technical Review Committee found that Resolution 2021-105 was ready for the Planning and Zoning (P&Z) Board.
The Commission’s first and final reading of Resolution 2021-105 is tentatively scheduled for Wednesday, September 8, 2021, at 6 p.m.
Draft Resolution 2021-105
A RESOLUTION GRANTING A VARIANCE FROM THE PROVISIONS OF CHAPTER 5). 5-4). f).4).C).1).a)., OF THE TOWN OF LADY LAKE LAND DEVELOPMENT REGULATIONS WHICH REQUIRES THE FRONT YARD SETBACK WITHIN THE MX-5 ZONING DISTRICT TO BE 25 FEET. THE AFTER-THE-FACT VARIANCE REQUEST IS TO ALLOW THE FRONT YARD SETBACK TO BE 18.7 FEET TO PRESERVE A CARPORT ERECTED AT 223 GIBSON STREET, REFERENCED BY ALTERNATE KEY 1750776, OWNED BY CYNTHIA L. HINES-WHITE AND LESTER L WHITE, WITHIN THE TOWN LIMITS OF LADY LAKE, FLORIDA.
WHEREAS, Cynthia L Hines-White and Lester L White are the owners of certain real property located in the Town of Lady Lake, Florida, more particularly described in Exhibit “A”; and
WHEREAS, the Property Owners petitioned for a variance from the provisions of Chapter 5, Section 5-4). f).4).C).1).a)., of the Town of Lady Lake Land Development Regulations which requires the front yard setback within the MX-5 zoning district to be 25 feet; and
WHEREAS, the variance request is to allow the front yard setback to be 18.7 feet from the property line to allow for an after-the fact carport encroachment to remain at property addressed as 223 Gibson Street, referenced by Alternate Key 1750775, owned by Cynthia L Hines-White and Lester L White, within the town limits of the Town of Lady Lake, Florida; and
WHEREAS, the Town Commission of the Town of Lady Lake held a public hearing to consider the variance request, and having heard evidence and testimony on said request, found it to be consistent with the Lady Lake Comprehensive Plan and requirements for variances set forth in the Land Development Regulations of the Town of Lady Lake.
NOW, THEREFORE, BE IT RESOLVED that the Town Commission of the Town of Lady Lake, Florida, hereby grants a variance from the provisions of Chapter 5, Section 5-4). f).4).C).1).a)., of the Town of Lady Lake Land Development Regulations which requires the front yard setback within the MX-5 zoning district to be 25 feet. The after-the fact variance approval allows for a 20 ft. by 21 ft. carport encroachment to remain and establishes the front yard setback at a minimum of 18.7 feet from the property line on property addressed as 223 Gibson Street, referenced by Alternate Key 1750775, owned by Cynthia L Hines-White and Lester L White, within the town limits of the Town of Lady Lake, Florida.
This Resolution shall take effect immediately upon its adoption by the Town Commission of the Town of Lady Lake.
RESOLVED this ____ day of _______________2021, in Lady Lake, Florida, by the Lady Lake Town Commission.
Town of Lady Lake, Florida
Ruth Kussard, Mayor
Nancy Slaton, Town Clerk
Approved as to form:
Derek Schroth, Town Attorney
EXHIBIT A — Legal Description and Map
Parcel #1 - 17-18-24-0500-00C-00100; Section 17, Township 18 South, Range 24 East;
LADY LAKE, WASHINGTON HEIGHTS LOT 1, BLK C PB 9 PG 55 ORB 792 PG 1034, ORB 897 PG 136, ORB 1963 PG 1621 ORB 3534 PG 1389 ORB 4684 PG 577 ORB 4992 PG 824 ORB 5040 PG 230