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R-2012-40 CITY OF CLERMONT RESOLUTION NO. 2012-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING AN AMENDMENT TO A CONDITIONAL USE PERMIT TO EXTEND THE HOURS OF OPERATION FOR A BAR IN THE CENTRAL BUSINESS DISTRICT. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held December 4, 2012 recommended for approval of this amendment to a Conditional Use Permit to extend the hours of operation for a bar in the Central Business District; at the following location: LOCATION: 712 West Montrose Street 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 an amendment to a Conditional Use Permit to extend the hours of operation for a bar in the Central Business District; be granted subject to the following conditions: CONDITIONAL USE PERMIT 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 or additions to the facility shall be permitted except as approved by another Conditional Use Permit. 3. 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. 4. No business can occupy any portion of a building unless the proposed business has applied for and obtained a Local Business Tax Receipt from the Planning & Zoning Department. 1 CITY OF CLERMONT RESOLUTION NO. 2012-40 5. The Conditional Use Permit must be executed and processed through the office of the City Clerk within 90 days of its date of grant by the City Council or the permit shall become null and void. 6. The Applicant shall record in the Public Records of Lake County within 90 days of its date of approval by the City Council, a short-form version of this Conditional Use Permit as provided by the City or a form acceptable to the City, to provide notice to all interested parties, the assigns, successors and heirs of the developer/applicant and all future owners of the above-referenced property that the real property described above is subject to the terms and conditions of the Conditional Use Permit. 7. In the event that the City receives verifiable complaints of issues with external noise related to the business, the City shall have the right to bring the conditional use permit back before the City Council for consideration. 8. If any of the stated conditions are violated, the applicant understands and agrees that the City Council may revoke this Conditional Use Permit,by resolution. Section 2—Land Use 1. Permitted uses shall include a Wine Bar at 712 West Montrose Street. Should the Bar cease operations for more than six (6) months, the owner, applicant any heirs, assigns and successors in title or interest must apply for a new''Conditional Use Permit. 2. No consumption of alcoholic beverages sold from the bar may be consumed outside, unless otherwise approved by the City. 2 CITY OF CLERMONT RESOLUTION NO. 2012-40 DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida, this 11th day of December, 2012. CITY OF CLERMONT ra a S. Turville, Jr., Mayor + fi ATTEST: . 1v1 Tracy Ackro City Clerk 4e Approved as to form and legality: i it .n - . ..City Attome