R-2010-08 CITY OF CLERMONT
RESOLUTION NO. 2010-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING AN
AMENDMENT FOR A CONDITIONAL USE PERMIT TO REMOVE THE
REAR FOUR FOOT WALL REQUIREMENT AND ALLOW
ADDITIONAL TIME FOR CONDITIONAL USE PERMIT
COMPLIANCE.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake
County, Florida at a meeting held May 4, 2010 recommended for approval of this amendment for
a Conditional Use Permit to remove the rear four foot wall requirement and allow additional time
for conditional use permit compliance; at the following location:
LOCATION:
611 West Highway 50
The City Council deems it advisable in the interest of the general welfare of the City of
Clermont, Lake County, Florida to grant this Conditional Use Permit.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Clermont, Lake County, Florida that:
This application for this amendment for a Conditional Use Permit to remove the rear four foot
wall requirement and allow additional time for conditional use permit compliance; be granted
subject to the following conditions:
CONDITIONS:
Section 1. General Conditions
1. The conditions as set forth in this Conditional Use Permit shall be legally binding upon
any heirs, assigns and successors in title or interest.
2. No further expansion of the use, additions to the use, or additions to the facility shall be
permitted except as approved by another Conditional Use Permit.
3. The property may be utilized in substantial compliance with the site plan completed by
Montverde Engineering, Inc. dated April 1, 2009, which was submitted with the
Conditional Use Permit application. Formal construction plans, incorporating all
conditions stated in this permit shall be submitted for review and approved by the Site
Review Committee prior to the issuance of a zoning clearance or other development
permits. The site plans submitted with the Conditional Use Permit application are not the
approved construction plans.
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CITY OF CLERMONT
RESOLUTION NO. 2010-08
4. No person, firm, corporation or entity shall erect, construct, enlarge, alter, repair, remove,
improve, move, convert, or demolish any building or structure, or alter the land in any
manner within the boundary of the project without first submitting necessary plans,
obtaining necessary approvals, and obtaining necessary permits in accordance with the
City of Clermont Land Development Regulations and those of other appropriate
jurisdictional entities.
5. The final Certificate of Occupancy shall not be issued until each of the stated conditions
has been met.
6. No business can occupy any portion of the building unless the proposed business has
applied for and obtained a Local Business Tax Receipt from the Planning and Zoning
Department.
7. The Conditional Use Permit must be executed by the permittee and submitted to the
office of the City Clerk within 30 days of its date of approval by the City Council or the
permit shall become null and void.
8. Should this use cease operations for more than 180 days, a new Conditional Use Permit
shall be required for the same or similar operation.
9. This Conditional Use Permit shall be found in noncompliance if all improvements,
renovations and items as outlined in the site plan are not completed within three (3)
months of the date this Conditional Use Permit is approved the City Council.
Section 2. Land Use
1. Automotive and truck repair service would be limited strictly to cars, SUVs, vans,
recreational vehicles, dump trucks, agricultural or construction implements such as, but
not limited to, tractors and front end loaders, semi tractors without trailers attached and
small utility (light) trucks. No semi - trailer, or heavy equipment (such as bulldozers),
repairs, parking or storage, shall be permitted.
2. In the event that the noise levels create a nuisance to the surrounding property owners,
the City reserves the right to open the Conditional Use Permit for further review and
additional conditions. Recurring documented complainants related to noise or other
disturbances emanating from the operation shall be considered prima facie evidence of a
violation of this provision. The owner shall be given written notice of such violations and
shall have seven (7) days after receipt of such notice within which to demonstrate that
adequate measures have been taken to alleviate the source of the disturbance which gave
rise to the recurring complaints. If, in the opinion of the Planning and Zoning Director,
the disturbances have not been corrected, the owner will be scheduled for the next
available City Council meeting to determine the appropriate action necessary to alleviate
the disturbance, including any additional restrictions on the operation of the business
deemed necessary to alleviate the complaints.
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CITY OF CLERMONT
RESOLUTION NO. 2010-08
3. If any of the stated conditions are violated, including maintained landscaping and site
maintenance in accordance with the Conditional Use Permit site plan, the applicant
understands and agrees that the City Council may revisit and /or revoke the Conditional
Use Permit by Resolution. This shall include:
4. Any and all signage, appendage, attachments, displays, depictions or the like, attached to
the building or placed on the premises, shall be in accordance with City of Clermont
Codes.
5. All repairs or service, other than minor repairs such as wiper blades or headlight/taillight
bulbs, or similar minor items, must be done within an enclosed building.
6. Display sales of any vehicle(s) shall not be allowed.
7. No outside storage of any vehicles shall be allowed on site, except for vehicles awaiting
immediate repair.
8. No parking, storage of vehicles or equipment, or other uses of any kind are allowed on
any adjacent right -of -way.
9. A four -foot high masonry wall or additional landscape buffering may be required along
the southwest, south and southeast perimeter if the following does not occur:
a. Landscaping does not provide sufficient cover as indicated by dead material, lack
of maintenance or undersized growth.
b. Sufficient coverage of repair vehicles is not provided by the landscaping.
10. The City reserves the right to open the Conditional Use Permit for further review and
additional conditions.
11. Maintenance of plant materials on Lake Avenue must be provided.
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CITY OF CLERMONT
RESOLUTION NO. 2010-08
DONE AND RESOLVED by the City Council of the City of Clermont, Lake County,
Florida, this 25th day of May, 2010.
CITY OF CLERMONT
Harold S. Turville, Jr.,'T ayor
ATTEST.
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Tracy Ac oyd, City Cler 7
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