Commission Meeting Agenda Item
Resolution No. 2021-111 – Variance – Pease - Pursuant to Chapter 5, Section 5-4. e).1).C.), of the Land Development Regulations (LDRs) which Requires that the Maximum Customary Accessory Structure Square Footage within the RS-6 Zoning District does not Exceed 25 Percent of the Principal Structure. The Variance Request is to Allow a Total of 839 Square Feet or 86.3 Percent of the Principal Structure to Remain After-the-Fact for Property Addressed as 116 East McClendon Street, Referenced by Alternate Key 1260957, within Lake County, Florida.
Staff Recommended Motion
- Motion to forward Resolution 2021-111 to the Town Commission with the Recommendation of Approval.
- Motion to forward Resolution 2021-111 to the Town Commission with the Recommendation of Denial.
Staff recommends approval of Resolution 2021-111.
On Tuesday, November 9, 2021, property owner/applicant, Jennifer L. Pease, filed two variance applications for property addressed as 116 East McClendon Street, located approximately 950 linear feet from the intersection of W McClendon Street and South Highway 27/441, Lots 1 and 2 of the Rosemary Terrace Subdivision, referenced by Alternate Key 1260957, and owned by Jerry L. Pease Jr. and Jennifer L. Pease, within the town limits of the Town of Lady Lake, Florida.
The variance request is pursuant to Chapter 5, Section 5-4. e).1).C.), of the Land Development Regulations (LDRs) which requires the maximum customary accessory structure square footage within the RS-6 zoning district not to exceed 25 percent of the principal structure. The variance request is to allow a total of 839 square feet or 86.3 percent of the principal structure to remain after-the fact for property addressed as 116 East McClendon Street.
Earlier this year, Code Enforcement received a citizen complaint from the next-door tenants at 112 East McClendon Street about some accessory structures that were extending onto their property. At that time, it was determined that a carport erected at 116 East McClendon Street was not in compliance.
According to Mr. and Mrs. Pease, the carport was purchased and set up through a company named Lark Sheds of Leesburg approximately 15 years ago. They stated that the company charged a permit fee to pull the permit; however, they found out through Code Enforcement that this never took place.
The applicants tried contacting Lark Sheds of Leesburg to have them correct the situation, but since then, the company changed owners at least two times and they have no prior records of the purchase order. The applicants are now requesting that the Town allow them to keep the carport on their property for storage and security reasons.
In reviewing the Land Development Regulations, the reason for this variance is to address the extra square footage of the accessory structure to be allowed on the property. The other variance is in relation to the side yard setback and will be addressed separately.
The applicant’s justification statement indicates several hardships to consider related to their situation. First, the applicant was under the impression all these years that the shed company took care of the permits. The company did a good job of installing the carport as it has been through a hurricane and many high-wind storms without any issues. The carport is made of steel and aluminum and was constructed and installed by the company. The applicant has stated that the footprint of their house is very small and they do not have much space for storage. The applicants use it to secure their golf cart, lawn mower, and Mr. Pease’s work truck to keep them out of the weather and keep them secured. The applicant further explained that there was an incident that triggered the need for the carport. One night, Mr. Pease parked his truck in the driveway and several work tools were stolen and never recovered.
Lastly, the applicants want to assure the Town that they take pride in their property and like living in the historical area of Lady Lake. They have been there since 1994, raised their daughter there, and have grown deep roots with the community. They have reached out to neighbors to ask if they had any concerns with the carport, and many of them replied by providing letters of support for keeping the carport. They feel that they have cooperated with the Town as they want to make things right and would like to extend an invitation to see their beautiful home and how nice the carport and their property has been kept throughout the years.
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 nine property owners within 150’ of the subject property of the proposed variance were mailed on Wednesday, November 24, 2021. The property was also posted on Wednesday, November 24, 2021.
The Technical Review Committee found that Resolution 2021-111 was ready for the Planning and Zoning (P&Z) Board.
The Commission’s first and final reading of Resolution 2021-111 is tentatively scheduled for Monday, January 3, 2022, at 6:00 p.m.
Draft Resolution 2021-111
A RESOLUTION GRANTING A VARIANCE FROM THE PROVISIONS OF CHAPTER 5). 5-4). e).1).C)., OF THE TOWN OF LADY LAKE LAND DEVELOPMENT REGULATIONS WHICH REQUIRES THE MAXIMUM CUSTOMARY ACCESSORY STRUCTURE SQUARE FOOTAGE WITHIN THE RS-6 ZONING DISTRICT NOT TO EXCEED 25 PERCENT OF THE PRINCIPAL STRUCTURE. THE AFTER-THE-FACT VARIANCE REQUEST IS TO ALLOW APPROXIMATELY 839 SQUARE FEET OF CUSTOMARY ACCESSORY STRUCTURE TO REMAIN ERECTED AT 116 E. MCCLENDON STREET, REFERENCED BY ALTERNATE KEY 1260957, OWNED BY JERRY L. PEASE JR AND JENNIFER L. PEASE, WITHIN THE TOWN LIMITS OF LADY LAKE, FLORIDA.
WHEREAS, Jerry L. Pease Jr. and Jennifer L. Pease 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). e).1).C)., of the Town of Lady Lake Land Development Regulations which requires the maximum customary accessory structure square footage within the RS-6 zoning district not to exceed 25 percent of the principal structure; and
WHEREAS, the variance request is to allow a total of 839 square feet or 86.3 percent of the principal structure to remain after-the fact for property addressed as 116 East McClendon Street, referenced by Alternate Key 1260957, owned by Jerry L. Pease Jr. and Jennifer L. Pease, 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). e).1).C). of the Town of Lady Lake Land Development Regulations which requires the maximum customary accessory structure square footage within the RS-6 zoning district not to exceed 25 percent of the principal structure. The after-the fact variance approval allows for 839 square feet of accessory structures comprised of a metal shed and covered concrete to remain after-the fact for property addressed as 116 East McClendon Street, referenced by Alternate Key 1260957, owned by Jerry L. Pease Jr. and Jennifer L. Pease, 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 _______________2022, in Lady Lake, Florida, by the Lady Lake Town Commission.
Town of Lady Lake, Florida
Jim Rietz, Mayor
Nancy Wilson, Town Clerk
Approved as to form:
Derek Schroth, Town Attorney
EXHIBIT A — Legal Description and Map
Parcel ID - 16-18-24-0500-000-00100; Section 16, Township 18 South, Range 24 East. LADY LAKE, ROSEMARY TERRACE LOTS 1, 2 PB 6 PG 111 ORB 1308 PG 1862