Commission Meeting Agenda Item
Resolution 2022-103 - Variance - Cynthia L. Hines-White – Pursuant to 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. (Tabled at the 03/14/22 P&Z Meeting).
Staff Recommended Motion
- Motion to forward Resolution 2022-103 to the Town Commission with the Recommendation of Approval.
- Motion to forward Resolution 2022-103 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, then owned by Cynthia L Hines-White and Lester L White, within the town limits of the Town of Lady Lake, Florida.
In August 2021, Mr. Lester White was hospitalized with COVID-19. Town Staff received notification and was requested to postpone the August 9 ,2021 Planning and Zoning Meeting until the applicant gets better and is able to attend. Unfortunately, Mr. White passed away on August 13, 2021, due to complications with COVID-19.
In following up with the pending variance request, Mrs. White updated the variance application and is bringing the request back for consideration.
The variance request is to allow the front yard setback to be established at 18.7 feet to preserve an after-the-fact 20’x21’ carport erected at 223 Gibson Street by the property owners.
On October 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 end of April indicating that the applicants had not submitted for a variance application and subsequent after-the-fact building permit needed to establish the property into compliance with the Town’s 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. Then Mrs. White updated the variance application on February 28, 2022.
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 establishing 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 that the carport serves to shelter her vehicles and a service dog left behind by Mr. White. Additionally, Mrs. White indicated that whenever she takes care of her younger grandkids and they visit, they use this space for the children to play outside and away from the elements.
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 P&Z 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, February 28, 2022. The property was also posted on Monday, February 28, 2022.
At the August 9, 2021, meeting, the Planning and Zoning Board tabled Resolution 2021-105 indefinitely upon the request by the applicant.
The Technical Review Committee found that Resolution 2022-103 was ready for the Planning and Zoning (P&Z) Board.
At the March 14, 2022, meeting, the Planning and Zoning Board tabled Resolution 2022-103 to a date certain, that being the April 11, 2022, Planning and Zoning Meeting to reconsider Resolution 2022-103 variance request.
The Commission’s first and final reading of Resolution 2022-103 is tentatively scheduled for Monday, May 16, 2022, at 6:00 p.m.
Draft Resolution 2022-103
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, WITHIN THE TOWN LIMITS OF LADY LAKE, FLORIDA.
WHEREAS, Cynthia L Hines-White is the owner of certain real property located in the Town of Lady Lake, Florida, more particularly described in Exhibit “A”; and
WHEREAS, the Property Owner 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, 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, 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 #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