Planning and Zoning Meeting Minutes

1. Approval of Minutes

Member Pressley made a motion to approve the December 21, 2022, Planning and Zoning Board meeting minutes as presented. Member Regan seconded the motion; motion carried by a vote of 4 to 0.

2. Resolution 2022-101 — Variance — A Resolution Granting a Variance from the Provisions of Chapter 5). 5-4). G).4).D)., of the Town Of Lady Lake Land Development Regulations Which Requires the Maximum Impervious Surface Ratio of Paved Areas Within the MX-8 Zoning District Not to Exceed 60 Percent of the Lot Size. The Variance Request is to Allow Up to 65 Percent of Impervious Surface Ratio (Paved Areas) at 1620 Pinehurst Street, Referenced by Alternate Key 2986271, Owned by Andrew H. & Kathleen A. Richardson. (Wendy Then)

Senior Planner Wendy Then presented the background summary for this agenda item explaining that the owners of the property would like to build a 10’x10’ deck onto the back of their residence but the impervious surface ratio of paved areas within their zoning district would be exceeded by 5%. The owners conducted all due diligence in getting approval from The Villages Architectural Review Committee, but it turned out they also needed to get a permit from Lady Lake. Prior to that realization, the Richardson’s invested several thousand dollars for a retractable awning, electrical work, and materials in anticipation of having a deck.

Mr. Richardson said when they first decided they wanted a deck, they didn’t know they needed two permits. They operated in good faith and have always followed all the rules. They have applied for permits in the past whenever necessary but this time, they did not know a permit was required.

The applicant’s justification statement indicated that they have a lot of money invested in the project and a lot of groundwork was performed. Mr. Richardson stated that for the years he and his wife have left, they would like to spend time enjoying the outside on their deck.

Chairman Sigurdson requested specifics about the deck plans. Ms. Then said a deck is built above ground and it is not covered but the Code interprets a deck as being 100% impervious. However, water can percolate through a deck so there is recharge unlike with concrete. Mr. Richardson intends to remove the existing concrete below the deck and add rocks which are impervious. Technically not much is changing but we must abide by the Code.

Member Regan commented that the proposed deck would be a good use of the space.

Member Choquette made a motion to forward Resolution 2022-101 to the Town Commission with the recommendation of approval; Member Pressley seconded the motion. The motion passed by the following roll call vote:

Member	Vote
Saunders	Yes
Regan	Yes
Pressley	Yes
Sigurdson	Yes

3. Resolution 2022-102 — Variance — A Resolution Granting a Variance from the Provisions of Chapter 9). 9-7). D).1). B)., of the Town of Lady Lake Land Development Regulations Which Requires a Setback of 400% of the Height of a Monopole Cell Tower and a Single-Family Residence. The Variance Request is to Allow a Setback of 200 Feet on Property Owned by Douglas A. Hill, Sr. Estate, Located on Sunshower Lane One Half Mile West of Rolling Acres Road, Referenced by Alternate Key 1771498. (Wendy Then)

Senior Planner Wendy Then presented the background summary for this agenda item.

Lady Lake Land Development Regulations require a setback of 400% of the height of a monopole cell tower and the nearest single-family residence. In this case, the required setback from the nearest adjacent residence would be 748 feet based with the height of the pole being 187 feet. The applicant is proposing a setback of 200 feet based on information provided by Michael Springstead, P.E., a Structural Engineer. Mr. Springstead stated that in his professional opinion, the existing tower would fall and remain within a 200-foot radius which is reserved for a safety zone. The immediate area around the tower will be used for boat and RV storage and not residential structures.

The property is part of a larger aggregation of property which is concurrently being considered for annexation as part of the Hammock Oaks Development

Growth Management Director Carroll stated that the reason staff can support this request even though it deviates greatly from our Regulations, is that the fall zone is adequate for safety, as stated by the engineer, and the other reason is for aesthetics. Regarding aesthetics, because the tower is existing, any resident who moves into Hammock Oaks will know about the tower’s existence and they will know what they are getting into.

Chairman Sigurdson asked about the location of the electrical transmission lines and Ms. Then pointed them out on a map indicating they would not be a problem.

Member Choquette was concerned that the fall zone would be within the area where the boats and RV’s are stored and somebody could get hurt should the tower fall. Growth Management Director Carroll responded that nobody will reside within the 200-foot area and the likelihood of it falling on somebody in that zone is negligible.

Eric Morrisette, the applicant’s representative, stated that the distance from any residence to the tower will be disclosed to buyers prior to purchase. He added that the boat and RV storage around the base of the tower is a good use of property.

Member Choquette made a motion to forward Resolution 2022-102 to the Town Commission with the recommendation of approval; Member Pressley seconded the motion. The motion passed by the following roll call vote:

Member	Vote
Saunders	Yes
Regan	Yes
Pressley	Yes
Sigurdson	Yes