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11-13-1979 Supporting DocumentsCITY OF CLENfONT MINUTES REGULAR 14ECTING A Regular fleeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, November 13, 1979. The meeting was called to order at 7:30 P.M. by Mayor Claude E. Smook,Jr., with the following members present: Councilmen Ileglnloy, Byrd, schroedel, and Cole. Other officials present were: City Manager Forbes, City Attorney Baird, City Clork Carroll, and Public Works Director Smythe. Others present were: Miss Susan Thomas; Mesdames Thomas, Doone,Smoak; Mr. and Mrs, Bob Wertz. Mr. and Mrs. David Coggsholl, Mr. and Mrs. Ray Wood, Mr. and Mrs. Bob Ray, Mr. and Mrs. Ralph Roane, Mr. and Mrs. Dave Lofgren, Mr. and Mrs. William Delaney, Mr. and Mrs. William Sullivan, Mr. and Mrs. Ira Ayers, Mr. and Mrs. George Roberts; and, the Mcssrs. Weaver, Springstead, Shepard, Law, Thomas, Sargent, Hohler, Searles, Post, Glachetti, Jones, Watson, Sullivan, Sampson, Horton, Runnels, Johnson, and Evans. The Invocation was offered by Councilman Byrd, followed by repeating of the Pledge of Allegiance In unison by those present. The Minutes of the Regular Meeting hold October 23, 1979 were approved as written. Mayor Smoak recognized the several candidates for the December 4th General Election who were present, and they in turn introduced themselves and stated the group seats which they were seeking as follows: Messrs. Gerald Shepard, Chris Glachetti, and the incumbent, Jim Meginloy, in Group I; Messrs, Ray Wood, Rufus Sullivan, and the incumbent, Lester Cole, in Group 11; and, Mr. Dennis Thomas and the incumbent, George schroedel, in Group IV. VARIANCE REQUEST: DR. THOMAS WEAVER Council, sitting as a Board of Adjustment, continued the Public Hearing to consider the '. request of Dr. Thomas D. Weaver for multiple variances to the zoning ordinance to order to place four single family dwellings as rental units on his property described as: Lots 8 and 9, - Block 5 Sunnyside Unit Subdivision, such Hearing having been postponed at the October 23rd Regular Meeting pending a written legal opinion by the City Attorney as to the legality of Council action on the request as proposed. City Attorney Baird submitted his opinion wherein he advised of no legal impediment to the granting of a variance to the provision which only allows 1 building for each lot, assuming that a sufficient hardship can be shown, but that careful consideration should be given to possibly setting a precedent in allowing a variance to Section 26-15 which specifically states that only one principal residential building may be erected on one lot. He further advised that no provision currently exists in the ordinances to allow for the separation of a multiple -family dwelling. City Manager Forbes advised of a revised plan submitted by Dr. Weaver this date, wherein he proposed only 3 single family dwelling units on the property which would require lot area, side yard, and lot frontage variances. Dr. Weaver appeared before Council in support of his request and reiterated his previous statement that existing ordinances would allow him to construct a complex of this type under a single roof, but in order to preserve the existing beauty of the site which includes many large trees, such con- stuction would not be possible without the loss of many of the trees, and the cost for such construction would be too exhorbitant to be practical at a reasonable rental fee. There was no one else present who desired to address the matter. It was the consensus of Council that a unique hardship on the property does not exist that is not shared by abutting properties which have been developed, and that the existing ordinance is explicit in allowing only 1 single family unit per lot. Motion was thereupon made by Councilman Schroedel seconded by Councilman Meginley and unanimously carried that the In. in; request be denismuch as the proposal of Dr. Weaver appeared to be of a cluster concept development, and no provision for such is included in existing ordinances, it was the suggestion of Mayor Smoak that such matter be referred to the P 6 Z Commission for address and review of existing ordinances, and recommendations back to Council. Motion was made by Councilman Byrd, seconded by Councilman Meginley and unanimously P E Z Commission. VARIANCE REQUEST: GEORGE D. ROBERTS Council, sitting as a Board of Adjustment, considered a request by Mr. George D. Roberts for a variance to Article V, Section 26-12 (APPLICATION OF REGULATIONS -LOT SIZE AND OCCUPANCY) of the Zoning Ordinance in order to construct an additional residence on his property described as: CITY OF CLEPAIONT MINUTES REGULAR MEETING Lots 18 and 20, Block 107, Indlan Hills Subdivision (1090 Seminole Street). City Manager Forbes advised that Mr. Roberts presently resides at 1090 Seminole Street on the above described property, and that he desired to divide his property in order to construct a new residence which would reduce the size of the lot on which the existing residence Is located to that of a nonconforming status in that a zero lot line from the 7'S required and a 20'5 rear yard from the 25' required would exist. Mr. Roberts appeared before Council in support of his request, and advised that due to the age of his present home, it would be too expensive and impractical to remodel, and that the proposed new construction would meet all zoning requirements. There was no one else present who desired to address the matter. City Clerk Carroll read communi- cations from Messrs. George Geiger, J.R. Peacock, and David Coggshall, abutting property owners) wherein they expressed oppostlon to the request, opining that such permission would alter the essential character of the neighborhood; That the general situation regarding rear lot lines Is neither unique or exceptional; and, That to grant such a request would be setting a precedent for future requests. Council was in agreement that an unique hardship to the property had not been established, whereupon motion was made by Councilman Cole, seconded by Councilman Meginley and unanimously carried VARIANCE REQUEST: WILLIAM DELANEY Counell, sitting as a Board of Adjustment, considered a request by Mr. William Delaney for a Variance to Section 26-22 (C) (2) (112 MEDIUM DENSITY RESIDENTIAL DISTRICT -LOT WIDTH REQUIREMENTS AT BUILDING SETBACK LINE FOR DUPLEXES) of the zoning Ordinance in order to construct two duplexes on his property described as: Lots 15, 16, 17, Lettered Block Q (200 Block of East Highland Avenue) City Manager Forbes advised that the total land area consisted of4968 square feet in --- excess of the required square footage for two duplexes, but that a lot width variance from 100' required to 79' and 75' respectively would be necessary. Mr. Delaney appeared before Council in support of his request, and advised that the only public street access to his property is from East Highland Avenue due to the State Road 50 drainage construction along the unopened Hibiscus Street abutting his property to the West, and the DOT'S water retention area abutting the rear of the property, but that the total land area is of sufficient size to accomodate the desired 2 duplexes Following inquiry from the Chair as to anyone else present who desired to address the matter, Mr. William Hohler, the immediate property owner to the West, also abutting on the unopened Hibiscus Street, advised Council that he had no objection to the request. Motion was then made by Councilman Byrd seconded by Councilman Cole and unanimously carried that the request be granted. VARIANCE REQUEST: LEWIS K. RUNNELS dba PELICAN OIL COMPANY Council, sitting as a Board of Adjustment, considered the request of Mr. Lewis K.Runnels for a variance to Section 26-24 (E) (1) (Cl NEIGHBORHOOD COMMERCIAL DISTRICT -SETBACKS FROM STATE ROAD 50) of the Zoning Ordinance in order to construct an addition to an existing building on his property described as: Lots 8, 9, and 10, City Block 72 (677 W. Highway 50) Mr. Harry Runnels, representing Mr. Lewis K. Runnels, appeared before Council in support of the request, and advised that the existing building is a non -conforming building inasmuch as it now maintains a setback of only 3418", and in order to maintain the building as a viable economic unit, they desire to further penetrate the setback line an additional-12' in order to construct an addition for a more complete offering of convenience merchandise. Councilman Meginley inquired of the possibility for the pro- posed addition to be constructed on other sides of the building, and Mr. Runnels advised' this would be economically unfeasible due to locations of restrooms and a complex electrical wiring system which would have to be completely renovated at a prohibitive cost. Councilman Meginley opined that an unique hardship to the property had not been established, and further, to grant such request would be to allow a setback from State` Road 50 of less than one-half of that required, and he thereupon moved that the request- be denied. The motion was seconded by Councilman Schroedel. Mayor Smoak opined that CITY OF CLP101ONT MINUTES REGULAR MEETING the zoning ordinance should be followed when on unique hardship to the property Is not established, and further, should a commercial structure be constructed on the immediate property to the east, which would be required to maintain the 50' setback from the highway, it would create on economic disadvantage to that property if this request were granted. There was no one else present who desired to address the matter, and upon a call from the Chair for a vote, the motion war unanimously carried that the request be denied. VARIANCE REQUEST: MR. AND MRS. IRA AYERS Counc , sitting as a Boar o Adjustment, considered the request of Mr, and Mrs. Ira Ayers for a Variance to Section 26-23 (C) (1) (2) (R3 RESIDENTIAL PROFESSIONAL DISTRICT_ LOT SIZE AND LOT WIDTH GENERAL REQUIREMENTS) of the Zoning Ordinance in order to alter - their existing home on their property described as: S 1/2 of Lot 12, All of Lot 11, City Block 95 (658 West Avenue) to accomodate 2 retiree apartments wherein a lot width variance from 100' required to 751, and a lot area variance from 10,000 square feet required to 9375, would be necessary. Mrs. Ayers appeared before the Council in support of the request, and advised that the house is too large for a single family; That it was purchased with the intention of making alterations to accomodate two families; That the proposed alter- ations would be entirely Interior; That the building is located on a corner lot with outside entrances on two streets; and, That ample parking space to accomodate two families is available. There was no one else present who desired to address the matter. City Clerk Carroll advised of a telephone communication from Mrs. Beulah Ferguson, the immediate property owner to the North, who voiced no objection to the request. Council- man Byrd opined that a genuine hardship existed on the property due to its corner -lo- cation Inasmuch as the lot width requirement could be met on Montrose St., but which would then create a non-conformance in the front yard setback, and he thereupon moved that the re uest for a variance in the lot width and lot area requirements be granted. The motion was seconded by Councilman Schroedel and unanimously carried. CUP REQUEST: BLESSED SACRAMENT CATHOLIC CHURCH Council considered a request by officials of the Blessed Sacrament Church for a Con- ditional Use Permit in order to construct an educational building consisting of eight rooms for Sunday School classes on their property located at 720 12th Street. Mayor Smoak advised that the P E Z Commission, meeting In regular session on November 6th, had unanimously voted to recommend that the request be granted subject to the following conditions: (1) That all applicable regulations and ordinances be met; (2) That the use not be expanded except with a CUP; and, (3) That all conditions be met prior to the issuance of a Certificate of Occupancy. Mrs. Frances Boone, representative of the Church, appeared before Council in support of the request, and advised that the proposed building would be in compliance with all applicable City Codes. Councilman Meginley expressed concern for safety factors in that: the vehicular and pedestrian traffic would be located in the same general area, to which` Mrs. Boone advised of no existing problems, and the proposed structure would not create`• additional traffic or parking. There was no one else present who desired to address the matter. Motion was made by Councilman Sc,,hroedel seconded by Councilman Cole and unanimousl carried that the recommendations the P b Z Commission be acce fed, and the necessary Resolution or granting of the CUP be prepared for presentation at the CONTRIBUTION City Manager Forbes advised of a $150 contribution from the Clermont Kiwanis Club to be used for the purchase of two additional table carts for the Jenkins Auditorium. ANNUAL REPORT City Manager Forbes subnitted copies of the City's Annual Report to Council, and in- quired of their desire to purchase advertising space in the local PRESS at a maximum .. cost of $180 to publish a condensed version. It was the consensus of Council that this not be done inasmuch as the report is in reproducible form and copies are available at City Hall. CITY OF CLPPAIONT MINUTES REGULAR MEETING UTILITY DEPARTMENT CTAL OUTLAY City Man ageAPI r or es a v sad of 79-80 budgeted funds for the purchase of a 1980 1/2 ton pickup truck to replace on oxlating 1972 modal, and recommended that such purchase be authorized at the State specification price of 55,502.37. Motion was made bb Cy ouncil- man Bvrd. seconded by Councilman Cole and _unanlmously carrled Cat the anagor , City Manager Forbes further advised of 79-80 budgeted funds for the purchase of a flow meter for the return sludge line at the Sewage Treatment Plant to Increase plant efficiency and monitor performance, and one to be Installed on the plant's Influent line to more accurately reflect plant load, and he recommended that authorization be granted to purchase the motors at a cost of $1682 each. Motion was made by Councilman Cnln. seconded by Councilman Byrd and unnnlmously_carried that the City Manager's COOPER MEMORIAL LIBRARY Mayor Smoak advised of a communication from Mrs. Alice Tilden, President of the Library Board, wherein she advised of the Board's Inability to receive, at this time, any funding from the cities of Minneola and Groveland as such funds had not been included in their individual budgets for this fiscal year. It was the opinion of Councilmen Byrd and Schroedel that the Library Board would seek all possible means of insuring funding from these two titles In the next fiscal year. Mayor Smoak requested that the _ City Manager communicate to the Library Board regarding Council's previous recommend- ation that the fee structure for out-of-town residents be reviewed, and, to request a review of City Council representation on the Board with a voting voice inasmuch as the . majority of funding is provided by the City of Clermont. (Amended 12-11-79 Regular Meeting) BISHOP FIELD Mayor Smoak advised of a request from the VFW for use of Bishop Field for a Horse Show. It was the consensus of Council that this matter be tabled until the next Regular Meeting in order that a representative of the VFW might appear before Council to present a detailed proposal for their use of the Field. LAKE COUNTY POLLUTION CONTROL BOARD MEETING Councilman Byrd advised of a recent meeting of the LCPCB to which he, Mayor Smoak, and City Manager Forbes had attended, at which time the Board had briefly discussed the executive summary of the recently completed marshland study as to the proposed appli- cation and implementation of same, but had not had the opportunity as yet to review the report in Its entirety; and, That a 60 day extension of the City's temporary operating permit for the Wastewater Treatment Plant had been granted. OKLAWAHA BASIN BOARD Councilman Meginley advised of a Public Hearing to be held by the Oklawaha Basin Board in the Lake County Agricultural Building on November 28th at 1:30 P.M. to begin discussions relative to determining the various water levels in South Lake County. RECREATIONAL FACILITIES Councilman Meginley inquired as to the status of the proposed recreational facilities in the Lincoln Park area, and the re -surfacing of the Kehler Park tennis courts. City Manager Forbes advised that construction of the facilities in Lincoln Park are tent- atively scheduled to begin within the next month, but that a starting date for re- surfacing of the tennis courts had not been set as yet. BROOME STREET IMPROVEMENT Councilman Schroedel inquired as to the status of the proposed Broome Street improvement between 4th and 5th Streets, and City Manager Forbes advised that preliminary plans were now being reviewed by the City Staff for submission to Council for their con- sideration at a later date. Councilman Schroedel further advised of his observation of considerable trash and debris in this area, and inquired if it could be removed by the City due to possible health and safety factors involved. This matter was referred to the City Manager. CITY OF CLFW(ONT MINUTES REGULAR R 1�L0 11ARSNLAND STUDY Florldaewheroin he transmit tducopiesOfnication fboth0the FllnnloReplortfandonnnlxacutiva f { Summary of the recently comple tdaln�r`h1eaCltytofyClermontand vhaddbeentfulflllolthe racprral agreement between the University Zoltok further expressed his appreciation for ontoaddnItsuemployeosnco rendered to him and members of his staff by the City of 41ATER UALITY STUDY C ty Clerk Carroll read a communication from Richard W. Waters, Clty Manager of the City of Minneola, wherein he advised,with thohwaterets, that the City of purification study ofi�SouthlLakeuld be unable to assist in the funding would be In n County due to budget Ilmitations, but thcrstudy Inssed pthe hnext hfiscal year. better financial condition to supp WATER SYSTEM IMPROVEMENTS eared before Council to submit a complete Watorllastar C ty ngineer Sprtngstead appeared iefly ed the Plan for improvement of t consistshofcFive,Phases of eaDevelopment ateanrestimated icost in '1� 979 advising that i upgrading, dataaand statisticsss of tw to eoncludelthat thewatersystem hisrbadly In need sofuupgradin with an immediate need for additional supply and transmission facilities which Is very evident during dry periods; and, That Phases 1 and 2 at an esti!Sly, with thetof remainingt37 and $540,291 respectively, should be Instigated simultaneously, suggestion of Mr. Phases to be scheduled as soon as financially possible. It was the that, due to peruse it priorhe htonancin-depthyOf reviewein aort work tmeeting natlatlate r sufficient date, which he felt would be more productive at that time. Council was in agreement with the suggestion, and MayoNovembercal 20thled at ] 30 P-M.ntoreviewcthetreporo be t is jre- Council Chambers on Tuesday, completed Marshland Study. Mayor Smoak re - entirety, and to review also the recently P Hall by questthat ed cityrt be ManagerdForbeslable at lnquiredCofycounciloactioniasInspection y approval to invoice the City for computer services request by Mr. Sprtngstead for app which utilized to do a complete network analysis of the water distribution system, was approximately $3750 in excess of the contractural agreement. Mayor Smoak expressed full confidence in services as extended by the City Engineers, and opined that the purpose of exceeding the contractual agreement amount was wouldetherefore beputer mintagheeine, and to better design, a system for this community, e bL meat^to grad the reduthat thetrequest beion was dgranted ncCouncllman MaInleyilman Cole dvoted in the an car 7o�ntive on passage_oi _ Mayor Smoak rescinded an appointment made by to at the previous Regular Meeting, to which all Council had not been present, for a member -at -large o serve on the ECFRPC in order that Council might submit other nominees for consideration in addition to that ` esent. of Mr. Nick Jones, which he desired to pJones and Mayor Smoak thereupon appointedto serve in that capacityminees submitted, Mayor Smoak advised of the necessity for appointment of a membwhom er of Councbe il to serve as, the second member on the ointment.Council CouncilmandByrduired aagreedstooserve Wanddmotionlwas nthere- willing to accept the app by Councilman Cole seconded b Councilman Schroedel and carried that he be CiTY OF CLhRVONT MINUTES REGULAR MEETING LIABILITY INSURANCE Mayor Smca< reminded Council of a previous report and communication from City Manager Forbes regarding the City's liability Insurance and the limits of sovereign Immunity which had not been considered by Council at that time due to the City Manager being out of town, and he inquired of any objection by Council to having the matter placed on the agenda for the next regular meeting. There was no objection offered, and the Clerk was Instructed to place it on the next agenda. Mayor Smoak urged that each member review the communication In-depth prior to consideration of the matter. CHRISTMAS PARADE Mayor Smoak advised that excellent reception had been given todate for participation in the Christmas Parade to be held on December 15th, as In excess of 100 units had com- mitted to appear. He further requested, If there be no objection from council, that the budgeted funds for the City's participation, be forwarded to the proper persons. There was no objection offered. (Amended 12-11-79 Regular Meeting) RESOLUTIONS/ORDINANCES City Manager Forbes advised of the proposed re -paving of Highway 561 through the City by the DOT, and a requirement by them that any utility relocation or adjustments must be performed by the City. Councilman Byrd thereupon offered and moved the adoption of A RESOLUTION AUTHORIZING EXECUTION _OF AN UTILITIES AGREEMENT FOR THE ADJUSTMENT, - and the motion was seconded by Councilman Cole and unanimous Iy tarn ea. me Resolution was adopted, it was read by City Clerk Carroll by title only, and the Number 339 assigned to it. City Manager Forbes advised of a request by DOT for permission to install pavement markings and advance warning signs at rail/highway crossings in the. City which would. allow them to upgrade the sites to insure that they meet the manual on Uniform Traffic Control Devices. Councilman Cole offered and moved the adoption of A RESOLUTION OF THE CITY OF CLERMONT CONFIRMING A MAINTENANCE AGREEMENT FORA PROJECT OF FLORIDA DEPARTMENT OF TRANSPORTATION and the motion was seconaeu uy wunaii c_ Meginley and unanimously carried. The Resolution was adopted, it was read by City Clerk Carroll by title only, and the Number 340 assigned to it. Councilman Meginley introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, CLOSING AND PERMANENTLY ABANDONING A PORTION OF AN UNNAMED STREET ON THE NORTH BOUNDARY OF HILLCREST SUBDIVISION, and the Ordinance was read in its entirety for a first reading by City Clerk Carroll. Councilman Cole, who was not present at the previous meeting at which time the Ordinance was authorized to be prepared, inquired as to the ownership of the property in question , whether it be Guage, Inc. or the City, and questioned the reasoning as to why the City should abandon the property to Guage, Inc. for a private beach, if, in fact, it is owned by the City. Attorney Dennis Horton, representative of Guage, Inc., appeared before Council to reiterate his statement of the previous meeting at which time he had requested that Council re -consider closing the property in question based on the fact that, since their initial appearance before Council at which time they had assumed the property had been dedicated and accepted by the City as a street, they had conducted a thorough search on the chain of title on the property which revealed there was never a deed from any property owner on the property to the City; That the only time it ever appeared was on a city map of 1926 that had been drawn in by an Engineer in Virginia; and, That a map of 1884 of the City did not reveal that this property existed as a street, but rather as privately owned property up to the water's edge. Inasmuch as the City Attorney had previously rendered an adverse opinion to that of Mr. Horton, he was asked to respond, and he advised of his position that the street as it exists on the city map, will continue to be a street until such time as the Court makes a determination that it is not a street; That sufficient case law exists in Florida that dedication of a street is not com- pletely necessary in all instances for a portion of land to become a street; and, That it is his recommendation to Council that the City continue to view this property CITY OF CLF.2IIONT MINUTES as a street, as It I:: recorded on the official map of the City of Clermont, until a Court clarIfles the Ilia Ltur or the Council chooses to close the street. Mayor Smoak Inquired of City At tornoy Baird as to the aIIowe bIo use of the property by the City, and ho responded that the City Is restricted to use of the property only as a street or for the InsCallatlon of public utilities. Councilman Byrd Inquired of City Attorney Baird as to If, in fact, the City Council at the previous meeting had made any determination whatsoever, or whether somebody had expressed an opinion that finally reduced itself to writing and was the basis for a motion that was adopted to have the proposed Ordinance prepared to reverse an action taken by Council at a previous meeting, which was reflected In the Minutes of the October 23rd meeting, but from which he could find no indication that facts were found nor a motion made prior to the motion to rescind the previous Council action. City Attorney Baird advvsed that the reason those words are In the Minutes Is that, In order to close a street, the Council must make certain findings; That those questions were considered at the last meeting; That a motion was made to prepare an Ordinance to close the street based upon those questions which were discussed; and, That by approving the nation to have the Ordinance prepared, the matter was placed in Ordinance form for later approval or rejection. Councilman Byrd thereupon advised that the point he desired to make was that the facts, as were stated in the Minutes as facts, were not necessarily facts at all, but were rather Inserted In the Minutes as a post -script to support the motion that had been adopted by the Council, and the City Attorney responded In the affirmative. Councilman Schroedel advised that he had been in opposition to closing of the street when It was initially requested, but following the determination that the property could only be utilized as a street and/or public utilities, he did not now feel that it would be an asset to the City and would be in favor of having it closed. Councilman Byrd opined that the matter had been thoroughly discussed during the October 23rd meeting at which time he felt that no need existed for the City to abandon the property; That his opinion had not changed since that time;_ That the City still has an interest in the property; That it has been public property since 1926, a 50 year period that it has been claimed by the City; That the property owner has recognized that the City has a claim to it, else a request for abandonment would not have been made; and, That he would applaud the City Attorney's legal opinion that it is owned by the City, and could see no reason for giving it away. Mayor Smoak expressed concern regarding liability on the part of the City, following the opinion of the City Attorney that use of the property is restricted to street and/or utility purposes inasmuch as the objection submitted in not closing the street at the initial hearing was not because of the future use for the City, but because of a current use as a recreational facility, and he felt that Council's action at that time had condoned and encouraged the continued use of the property as a recreational facility. Councilman Byrd introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF j CLERMONT, LAKE COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF rHE PLANNING AND ! ZONING COMMISSION FOR THE CITY OF CLERMONT, and the Ordinance was read in its entirety by City Clerk Carroll. Councilman B rd moved to amend the ro osed Ordinance by making a change in Section 2. Qualifications for Membership. sub - "I -he City Council may appoint no more than two (2) members who are not registered electors". The motion was seconded by Councilman Cole and unanimously carried It was the suggestion of Mayor Smoak that Council consider an amendment to Section 7, (A)(Voting) wherein it requires that a vote be registered for each member inasmuch as such procedure is burdensome, and is not now practiced by the P&Z Commission. Motion was thereupon made by Councilman Byrd seconded by Councilman Schroedel and unanimously carried that the aforementioned section be amended as follows: "At all meetings of the P&Z Commission, each member shall be entitled to one vote, at which time a voice vote wi I I be taken un ess a request is made for a ro I I ca I I vote". Councilman Schroedel introduced AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF A CLERMONT CLEAN COMMUNITY COMMISSION FOR THE PURPOSE OF ASSISTING THE CITY COUNCIL IN ESTABLISHING POLICIES FOR REFUSE MANAGEMENT, and the Ordinance was read for a first reading by City Clerk Carroll, by title only. CITY OF CL PPIAIONT MINUTES Councilman Schraedel Introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLER140NT AMENDING CHAPTER 6, CCMCTERIES, SECTION 6-9, TRUST FUND; and the Ordinance was read for a first reading by CIty Clerk, by tIH He only. SPECIAL MEETINGS Mayor Smoak called a Spacial Meeting of the City CounclI to be held In the office of the City Manager on Monday, December 3rd at 5:05 P.M. to prepare the Dal lot Box for the General Election to be held on December 4th, and, A Special Meeting to be held on December 5th In the office of the City Manager at 9:00 P.M. to certify the CERTIFICATE OF RESULT of the December hth General Election. There being no further business to be brought before the Council at this time, the meeting was adjourned by Mayor Smoak at 10:35 P.M. CLAUDE E. SMOAK, JR. - Mayor l(�o,4e" )r 61M1 , DOLORES W. CARROLL - City clerk / co' City Council FROM: City Manager J ouaaoce. State uouu soz / oxzu' mvvomuec o, zoro " ^ As shown on the attached map, the Florida Department of Transportation will be re -paving olyuwav 561 through the City of Clermont. ` While the roadway improvements will not require any � expenditures by the City, any utility relocation or adjustments must be performed by the City. For this reason, the State requires that the attached Resolution and Agreements be executed ' before any work is performed. ' `.� We are nceaeutzv reviewing the preliminary nzauo for this project, and do not anticipate that any major relocations will be necessary. oeonevtcuzzx, George D. rozuea , City Manager oor.js ` , Attachments `. cc. City Clerk °/°ttaoumeots 11-1*79 aseuua . 1 IIARIRyntaraRa,..,,.,.,. A-f'T...-...._.., ,. ..........._....._. +!STATE NfJOJF.CT NO 111190-.l51 - '-4� O �.,,.,', WORK PROGRAM NO 51?.h4. _..._..--- _------ .......... _ .. ........... LAKk COUNTY S.R. ". I h ftlk END F'/rDJECT SrAN4 fS4,,5'a POeeiA�i ND. 6?/96/•W BEGIN lt/?,Ur4 STA 3Dteo MP /o. ao3J LENGTH OF PROJECT MI ROADWAY 20776,.80 3.975 NET LENGTH OF PRQJ. 2077b•RU 3.975 EXCEPTION 1193.28 0.186 I GROSS LENGTH OF PROJ. 21970.08 4.161 STA P49f 7D. Off' 0?) *, i" ,86VAI SM 751/,), 0- _... .........SI11 - .. i 1'NG 114F4 J !,, ,AHINfi f'.N .r 1M 11 TFU BY TO: City Council FROM: City Manager SUBJECT: East Central Florida Regional Planning Council DATE: November 9, 1979 At the last City Council meeting, Nick Jones was appointed as a citizen member of the Regional Planning Council. One member of the City Council should also be appointed. The Regional Planning Council meets in the mornings on the fourth Wednesday of each month. The City Council also needs to appoint two members and two alternates to an A-95 Review Committee. The A-95 Committee has scheduled meetings on the second and fourth Thursday of each month, but generally meets only once a month. A-95 review is a regional planning process where projects involving federal funding are reviewed as to their impact on local communities. I Enclosed is a letter from the Planning Council requesting that we appoint one person to a Housing Opportunity Plan Committee. Respectfully; n P. George D. Forbes City Manager GDF:js Enclosure cc: City Clerk w/enclosure 11-13-79 Agenda ./ .W RF -1VE 0 007 3 1 1979 THE ` CaFloridrid REGIONAL PLANNING COUNCIL nlril a 1011 WYMORr: ROAD - WINTER PARK, FLORIDA 32789 TH E:PHONE: (305) 645.3330 October 30, 1979 Mr. George Forbos City Mnnager City of Clermont I!ox 219 Clonnont, PL 32711 Hear !osi%��' TIw East Central Florida Regional Planning Connell at a recent meeting authorized the cstablishmont of an advisory committee to assist in the preparation of the Areawido (lousing Opportunity Plan M11011). Ilic purpose of this committee will be to provide direction and guidance to the staff in the preparation of the A110P. It is anticipated that this committee will meet no more than once a month, and on an average its meetings will be hi -monthly or quarterly for the two year plan preparation period. The Board of Directors will soon appoint twelve to fifteen individuals to the committee. For this reason, member governments are being asked to submit nominees. The nominees may come from any of the following categories: 1. Elected officials from your governing body; 2. Members of your Regional Planning Council delegation; 3. Staff members from your jurisdiction; A. Representatives from the community at large. Please keep several factors in mind when making your nominations. First, since the Board of Directors wants to keep the committee to a manageable size, all nominees may not become committee members. Appointments will be made upon con- sideration of such things as appropriate geographic distribution and professional and lay balance. Second, it is both necessary and advantageous to have adequate minority membership on the committee. Finally, it would be beneficial to appoint committee members who have both the interest and the time to attend meetings and make contributions. If possible, please submit your nominations by November 15, 1979. Let me also take this opportunity to thank you for your attention to this matter. S11 el •ly, (1 � flI' .il let I:ceut've Director "Glamc ! u¢ernr . ..... . ea,.oo.nnw omwwne co vm,wwr,unore . cw... one uunou cnmo. rn �e ownar ar�ir.. vn ca,w uca�.nwe. m. ,1 coe.,�o cn rc�nrn _ c r c _.6 C. con„c w+rt w. co e, �ee�...rini, ,. „e. we . oee�rnr n�wwerrn c ;`` TO: City Council FROM: City Manager. SUBJECT: Water Study DATE: November 9, 1979 As requested by the City Council, the City Engineer will be present at Tuesday's meeting to discuss the Water System Study he has completed for us. Enclosed is a copy of the agreement with Mr. Springstead on this Study: Please note that it states that the $7,700 for this work is considered a "not to exceed" amount. It also states that prior Council approval is necessary for any costs over the "do not exceed" amounts. Enclosed is Mr. Springatead's letter requesting that he be reimbursed for extra costs for a computer analysis of the water system. Respectfully, George D. Forbes, City Manager GDP:js SPRINGSTEAD Hi�D ASSOCIATES, N INC. 67auurtG1y 61Y11ucts 714 N. IND $1, MINIM 104 YO' NON JNI LIIINUNG, ILA, 1171N 1%417#7.1414 WFIT NWY 476 October 23, 1978 Y. o. 5 0N "1 NUf11N1U, IIA. JHIJ �w117NJ.lur Honorable Claude E. Smoak, Jr., Mayor and Councilmen City of Clermont P. 0. Box 219 Clermont, Florida 32711 Attn: Mr. Gordon Tiffany, City Manager Gentlemen: In compliance with your instructions on October 10, 1978, we have had an opportunity to review the "Engineering Report of the Municipal Water System for the City of Clermont", by Dawkins and Associates, Orlando, Florida, November, 1973, and relate the report data and findings to the scope of work as presented to you on October 10, 1978, The following is a revision of our purpose and scope of work for the Water and Sewerage Systems Investigation: - - - WATER SUPPLY AND TREATMENT Purpose: To perform an up -date inventory of the City's present potable water system, to extend its current customer usage and project its future customer usage. Relate these findings to the City's present system, utiliz- ing good Engineering standards and the current State Department of Environ- mental Regulation requirements to determine future needs and requirements. Dawkins and Associates report of 1973 will be used as a base for the above work. Sc o a of Work: Make a current inventory of all of the City's water supply, nc u ing, ut not limited to pumping, treatment, storage, and major distri- bution systems, placing emphasis on the following: 1. Project future demands on the system, using the present number of water connections and usage considering previous growth figures and current growth trends. 2. Investigate water supply sources, performing quantitative pumping tests on the new Seminole Well. Y Honorable Claude E. Smoak, Jr., Mayor Page 2 and Councilmen .October 23, 1978 E-113F 3. Review and analyze available water quality reports on file with the City, both past and present, and perform any chemical and/or bacterio- logical tests on existing water sources as deemed necessary. 4. Inventory all pollution sources within 100' radius of each well and investigate sources of cross -connections, recommending remedial measures if necessary. S. Determine the maximum daily and hourly uses during peak flow periods, utilizing existing flow measuring devices if possible. 6. Collect and analyze the available data on the abandoned Highland Ave., well and recommend further testing procedures if feasible to possibly make use of this source of water. 7. Up -date hydraulic flow and pressure losses of the larger mains in the distribution system between the pumps and elevated reservoirs. Analyze the results to determine which lines should be considered for Hrouting or where new lines should be installed to improve efficiency and safety of the pump -transmission -reservoir system. 8. Analyze and up -date the current and future reservoir systems and automatic controls. Make recommendations for remedial measures to upgrade control system if necessary. If additional reservoir capacity is found -to be required in the future, recommendations will be made on location, size, and approximate date when construc- tion should be considered. 9. Analyze current development trends to determine the future needs and uses of the water system and outline an expansion program in- i cluding a schedule for implementation and budgetary purposes. SEWAGE COLLECTION, TREATMENT, AND DISPOSAL Purpose: To perform a complete inventory of the City's Sewage System to determine the current customer usage and project future usage and relate this to the present capabilities of the system. It is recognized that the Engineer is presently addressing the disposal problems of the City in an effort to meet the disposal compli- ance schedule as adopted by the City Council and presented to the State of Florida, Department of Environmental Regulation. Honorable Claude E. Smoak, Jr, Mayor Page 3 and Councilmen October 23, 1910 E-113F Scope off Work: Make a current inventory of all of the City's collection system, including but not limited to lift stations, transmission lines, waste treatment plant and disposal facilities, placing emphasis on the following: 1. Using the present number of sewer connections, daily and monthly flow data, we will project future needs and demands on the collection system, lift stations, and waste treatment plant. 2. We will inspect and make recommendation for current changes which should be made within the collection system or treatment plant that would result in more efficient utilization of the existing treatment facilities. 3. Analyze current development trends to determine future needs and uses of the waste water system and project a schedule for additional treat- ment facilities at the plant. Prepare an estimate along with a time schedule which may be used for implementation and budgetary purposes. Since.the disposal system is very critical as a result of the plan to continue to place the treated effluent in the Palatlakaha Marsh, this will be considered so that there will be not conflict with the current studies being made by the University of Florida . Using City forces to assist in obtaining clerical data in City Hall and field personnel in running pumping tests and obtaining field data, we feel that the above can be accomplished, using hourly rates of our current contract with the City for $7,700.00 and $3.800.00 for the Water and Sewerage Study's respectively. 75_seestim_ated figures should be considered as do -not -exceed amounts. During the course of the work, should we see that our total costs will exceed the above estimates, we will obtain Council approval prior to proceding. Should you have any questions, please do not hesitate to contact me. Very truly yours, SPRINGSTEAD AND ASSOCIATES, INC. John W. Springs ad, P.E. JWS:mm `, SPRINGSTEA;lox 251 n�D AND {{ASSOCIATES, INC. ON lf[ST. 61vildibly 411Y111eell LS(SOUNG,OFLA 11716 ("4) 767A4 4 W T MY /76 P,O. 110)(2h, October 8, 1979 BUSHNELL, 7LA. 33S11 ("4) 791.1619 Mr. George Forbes, City Manager City of Clermont P. 0. Box 219 Clermont, F1. 32711 RE: Water Study, E-113F Dear George: Reference is made to my letter to the City Council on October 23, 1978, where I quoted an approximate cost of $7700 for doing a water study for the city of Clermont. Work through August as shown In our billing of September 11, 1979, shows we have expended $7330.69. The work is progressing very well and we expect to have the finished report in your hands in approximately 15 to 30 days. During the course of the study we found it necessary to use a larger - - ---' computer than the one we have in our office to do a complete network analysis of the water distribution system. We contracted with a firm which coded, keypunched and worked with us in running 20 different analyses of the distribution system. These analyses will help in determining the tank size and it's location as well as new pumping facilities and location. Computer time and efforts by personnel from the computer service cost approximately $3750.00. Prior to working with the computer service selected, we made several inquires attempting to obtain the most economical service offered and found services ranging from $7800 to $12,000. Using our personnel and the service's equipment we were able to obtain valuable information at a minimum of expense. I realize that in accordance with our agreement permission for further services should have been requested from the council beforehand, however, I felt it imperative to the completeness of the report that we use this service, and at this time I am requesting your approval to invoice the city for the computer services. Thank you for your consideration in this matter. Ver truly yours, L oh W. Springstead, P. E. .t Engineer TO: City Council FROM: City Manager SUBJECT: Cemetery ordinance DATE: November 9, 1979 i As requested by the City Council, enclosed is a copy of Proposed Ordinance No. 201-C amending the Perpetual Care Fund. This Ordinance requires that 25% of the net proceeds of• all residential lot sales ($37.50), and 62% ($186.00) of the proceeds of non-residential lot sales, be placed in the Perpetual Care Fund. In this manner, the extra fees collected for non- residential lot sales will be placed in the Perpetual Care Fund. Respectfully; George D. Forbes 5 City Manager GDF:js Enclosure cc: City Clerk w/enclosure 11-13-79 Agenda TO: City Council FROM: City Manager SUBJECT: Rail/Highway Grade Crossing Safety Improvements DATE: November 9, 1979 Enclosed is a letter from the Florida Department of Transportation requesting that they be allowed to install pave- ment markings and advance warning signs at rail/highway crossings in Clermont. These sites would then be upgraded to insure that they meet the manual on Uniform Traffic Control Devices. This program is entirely funded by the State and Federal government, and would require no matching funds from the City. Enclosed is Resolution No. 340 , and an agreement that must be executed before the work can be done. To insure that all of the City's rail crossings are safe, I would recommend that the City allow the State to upgrade 1, the crossings in Clermont. I! Respectfully, George D. Forbes City Manager GDF:js Enclosures cc: City Clerk w/enclosures 11-13-79 Agenda RECEIVED NO'u 1 1979 Florida 1 ]Department of Transportation D, 110/UITOtlAl1AM UI 00VN0A Jill WILLIAMN 11061 GCCIICTAIIY P. 0. Box 47 DeLand, Florida 32720 October 26, 1979 Dolores IV. Carroll, City Clerk City of Clermont Post Office Box 219 Clermont, Florida 32711 i. RE: 1978 Federal Highway Safety Act Rail/Highway Grade Crossing Safety Improvements Dear Mrs. Carroll: The Federal Highway Administration has allocated funds to the Florida Department of Transportation to be used on a program to install pavement markings and advance warning signs at rail/highway grade crossings. This is a 100% funded program and will re the city quire no matching funds from A preliminary survey of crossings indicated a need for pavement markings E at 9 locations and for advance warning signs at 9 locations in If the �citF chooses to participate in this program, a 1�%se sites will be upgraded in accordance with the Manual on Uniform Traffic Control Devices, 1978. The attached resolution and maintenance agreement must be executed and returned in order to obtain approval for Federal participation. I Attached is a listing of the proposed locations and some general information about the program. Please contact Mr. John Shaw, District Safety Engineer, p at this office if additional information is needed. Sincerely, C. A. Benedict, P.E. #' District Engineer CAB/JAS/bam cc: Mr. John A. Shaw Mr. L. A. Griffin Mr. J. M. Haynie E' .l; "SUNSHINE SPATE" � " ARRIVE ALIVE i � FLORIOA., CLERMONT Crossine 11 Plame Pavement Markin Signs 621953 621955 621956 621957 621958 621959 621960 621962 621963 Cast Street 2nd Avenue 3rd Avenue 4th Street 5th Street Carrel Street 7th Street West Street 11th Street x x x x x x x x x x X x X X X X X X r 'rS DUI L/HIG11WAY GRADH CROSSING SAFEW PRaJl?CI' Scope or project: Installation of railroad crossing advance warning s i;ns ZWinuaf—on Uniform Traffic Control Devices Designation W10-1) and required pavement markings at public rail/highway grade crossings where such signs and/or markings do not presently exist; or where existing signs and/or markings are not within reasonable conformance witli requirements of the Manual on Uniform Traffic Control Devices. Exclusions: The project will not include improvements at private crossings, crossings on rail lines proposed for abandonment and certain minor spurs and urban crossings where signs or markings would serve no effective purpose. Maintenance A reemeny In order to obtain Federal Aid participation t us project, tie responsible governmental agency must agree to maintain the installed items upon completion of installation. If the agency decides to participate, please execute the attached Resolution and Maintenance Agreement and return same to: State of Florida, Department of Transportation, Post Office Box 47, DeLand, Florida 32720, Attention Mr. John Shaw. General Information: A preliminary survey of the Rail System was recent y con ucte . This survey revealed a need for improvements at the crossings noted on the attached list. If participation is desired, please review the list and advise Mr. Shaw of any revisions you believe to be justified. Markin s: Pavement markings will be of a "Thermoplastic" material an s a 1 be installed in accordance with the Manual on Uniform Traffic Control Devices, 1978. Mr. Shaw can be contacted at 904/734-2171, ext. 208 if additional information is desired. p '7 f a Y ,n 0 7Kp P' es r a 0 L�% iONF _+ 1 88-4 TO: City Council FROM: City Manager SUBJECT: Planning & Zoning Ordinance DATE: November 9, 1979 Attached is a copy of the proposed ordinance establishing the By -Laws for the P&Z. The ordinance has been revised pursuant to Council direction at the last meeting. The attached ordinance lists qualifications for membership as follows: 1. Be eighteen (18) years or age or older. 2. Be a registered elector residing in the City of Clermont. The City Council may appoint no more than two (2) members who are not registered electors. Two other options for the qualifications for membership are: "A" 1. Be eighteen (18) years of age or older. 2. Be a registered elector residing in the_City of Clermont. The City Council of the City of Clermont may waive the requirement of a registered elector if the nominee can prove sufficient interest in the City of Clermont to warrant his/her appointment. - OR - "B" 1. Be eighteen (18) years of age or older. 2. Be a registered elector residing in the City of Clermont. TO: City Council FROM: City Manager SUBJECT: Street Abandonment DATE: November 9, 1979 As requested by the City Council, attached is a pro- posed ordinance abandoning the roadway behind the Hillside Terrace Apartments. If the roadway were abandoned, the ordinance is written in a manner that the City would retain a utility easement across this property. Respectfully, George D. Forbes City Manager GDI : j s Attachment cc: City Clerk w/attachment 11-13-79 Agenda CITY OF CLERMONT P.O. BOX 219 CURMON'r, FLORIDA 32711 • PHONE 004/304.4081 October 29, 1979 SEE REVERSE The city Council, meeting in Regular Session on October 23rd, agreed to re -consider a previous request by officials of Guage, Inc. for the closing and permanently abandoning of an unnamed street on the South side of Shady Nook Lake running from Drew Avenue easterly to Shady Nook Lane (formerly Woodland Avenue). This matter shall be placed on the November 13th Regular Meeting Agenda for consideration, and all interested persons will be given an oppor- tunity to express their views on the matter. Sincerely, �15CI?G�'u�/ L Dolores W. Carroll City Clerk DWC: i S TO: City Council i FROM: City Manager 1.. SUBJECT: Clean Community Commission DATE: November 9, 1979 Enclosed is a copy of the proposed ordinance establishing a Clean Community Commission as prepared by the project team. The proposed ordinance requires a Clean Community Commission of fifteen members, appointed from the following areas: Business and Industry 5 Community Organizations 3 Education At -Large 2 Mr. Wertz has asked me to recommend to the Council that a list of prospective members, or nominees, be compiled at the November 13th meeting, but that no official appointments be made. He suggests that official appointments be made at the November 27th meeting. This would give our project team time to contact each nominee and determine what area (i.e. business, education) a person would represent.` They would also like to explain the commitment required lr. to be on the Commission. Enclosed is a tentative schedule and organization chart for the -- �- Commission as prepared by Mr. Wertz. A list of persons who signed cards that they are interested in the Clean Community System at our Town Hall Meeting is enclosed,; i' Respectfully, rr.. �A George D. Forbes 1" City Manager GDF:is Enclosures cc: City Clerk w/enclosures 11-13-79 Agenda Cow: CITY OF CLERMONT P.O. BOX 219 • CLERMONT, FLORIDA 32711 • PHONE ON/304-4001 October 29, 1979 - - SEE REVERSE - - The City Council, meeting in Regular Session on October 23rd, agreed to re -consider a previous request by officials of Guage, Inc. for the closing and permanently abandoning of an unnamed street on the South side of Shady Nook Lake running from Drew Avenue easterly to Shady Nook Lane (formerly Woodland Avenue). This matter shall be placed on the November 13th Regular Meeting Agenda for consideration, and all interested persons will be given an oppor- tunity to express their views on the matter. Sincerely,� Dolores W. Carroll City Clerk DWC:js Mr. Dennis Horton, Esquire 609 Montrose Clermont, Florida 32711 Mr. Marc Ruyssers 312 Valencia Court Winter Garden, Florida 32787 Mrs. Vita Clare Garcia 230-C DeSoto Street Clermont Mrs. Beverly M. Smith Hillside Terrace Condominium 230 DeSoto Street Clermont, Florida 32711 Mrs. Marilyn Johnson Hillside Terrace Condominium 230 DeSoto Street Clermont, Florida 32711 Mrs.Paul M. Watson Hillside Terrace Condominium 230 DeSoto Street Clermont, Florida 32711 Mr. & Mrs. Coman Post 220-D DeSoto Street Clermont, Florida 32711 Mr. & Mrs. David A. Lofgren, Jr. 696 Shady Nook Drive Clermont, Florida 32711 TO: City Council FROM: City Manager SUBJECT: Clean Community Commission DATE: November 9, 1979 Enclosed is a copy of the proposed ordinance establishing a Clean Community Commission as prepared by the project team. The proposed ordinance requires a Clean Community Commission of fifteen members, appointed from the following areas: Business and Industry 5 Community Organizations 5 Education 3 At -Large 2 Mr. Wertz has asked me to recommend to the Council that a list of prospective members, or nominees, be compiled at the November 13th meeting, but that no official appointments be made. He suggests that official appointments be made at the November 27th meeting. This would give our project team time to contact each nominee and determine what area' (i.e. business, education) a person would represent.' They would also like to explain the commitment required to be on the Commission. Enclosed is a tentative schedule and organization chart for the Commission as prepared by Mr. Wertz. A list of persons who signed cards that they are interested in the Clean Community System at our Town Hall Meeting is enclosed. Respectfully, George D. Forbes City Manager GDF:js Enclosures CC: City Clerk w/enclosures 11-13-79 Agenda B C. O Pal t ID j W o a N a m o� m o v& Fl- x �° cr a� y� w �+ C H Y N ch 01 (D N (D(OD N O N m W p H �y W fi 09• o a 0 ryy W Cam'] Oy FJ W CAD tl n N N �y0y N) n N N �M pp(Op n IcpOM r7 µa {a+. N F �y, N• 7i' p. 009 'J p p O 0 CC7W N ep+ F N f[A.� N N (Do N �+ o H. O a O W y 0 cN+ P F, h p h p r7 (�D foil 'JN w F- ° o o °y m a ri m ° fDCD o a 5+ g ggggµlrri�y W cp+ N H rrdyd F" 'O 0" o CD W (D aO (D �f i, En W p OOm `* rOi o w w o �- c H 5• p p' N N m 0q w N%�i i ID O h N O C.) w h n ca 0 H 9 3 n • (D � (D n o Dya � CD n 0 \ ca 0 w b CLEAti COMMIIN'FTY VfU IERli Bonnie Homan Cooper Memorial Library 394-4265 (B) Fred Schroodel 394-4159 Hazel Johnson 921 Lake Shore Drive Clermont 394-3093 Marty Heinrich Box 817 Clermont 394-3876 Claire M. Bishop P. 0. Box 1083 Clermont 394-2114 (B) Sed Adams 298 Chestnut Clermont 394-3801 (H) 394-3350 (B) Merle M. Bright 598 Lake Shore Drive 394-3893 May Nielson 344 Crystal Lake Clermont 394-6990 Steve Nielson 344 Crystal Lake Drive Clermont 394-6990 Frank B. Tapp 1629 Morning Drive Clermont 394-5387 Mrs. Frank Tapp 1629 Morning Drive Clermont 394-5387 Coman Post 220 E. DeSoto Street Clermont 394-4457 Eleanor L. Lotgrun 696 Shady Nook Lane Clermont 394-3410 (11) 394-2753 (D) Mrs. Paul. ,Tones 392 Osceola Street Clermont 394-2483 Oakley Seaver P. 0. Box 216 Clermont 394-44B2 (11) 394-3111 (B) W. M. McKinney 749 Disston Avenue Clermont 394-2257 (305) 293-6000 (B) James Shepherd 394-3998 Rosa P. McCall 236 Chestnut Street Clermont 394-2074 Ray Jackson 777 Pine Lane Clermont 394-6155 Bob Wertz 1966 Rosewood Drive Clermont 394-5466 OWNER: APPLICANT: PROPERTY: LOCATION: ZONING: REQUEST: COMMENTS: REQUEST FOR VARIANCE October 29, 1979 George D. Roberts George D. Roberts Lots 18, 20, Block 107, Indian Hills Subdivision 1090 Seminole Street R1 Reduction in the size of an existing lot to the status of a non -conforming lot that would have: 1. A zero lot line from 7.5' required. 2. 20.5' rear yard from 25' required. Mr. Roberts presently lives in a home at 1090 Seminole Street. He believes that this home is too impractical to remodel, so he wishes to divide his lot and construct another home fronting 11th Street. Section 26-12 of the Zoning Ordinance states in part that "no lot shall be reduced in size so that lob width of yards or lot area per family or any other requirements of this ordinance is not maintained." By dividing this lot, Mr. Roberts present home would not meet the yard requirements. However, the proposed new home would meet all the zoning requirements. George D: Forbes - City Manager !!i i E 1 REQUEST FOR VARIANCE. OWNER: Dr. Thomas 1). Weaver APPLTCANT: Same PROPERTY: Lots B, 9, Block 5, Sunnysido Unit LOCATION: 1.63 Sunnyside Drive ZONING: R3 REQUEST: Dr. Weaver wishes to place 3 single-family dwellings on the above property, which would require the following variances: 1. Lot area variance from 22,500 square feet required to 13,700 sq. ft. 2. Side Yard variance between Chalet 036 and #40 from 15' required to Ill. 3. Lot frontage variance from 225' required (75' per dwelling unit) to approximately 96.99'. C%DIENTS: Enclosed is the third set of site plans I have received from Dr. Weaver for this property. This plan reduces the number of buildings from four to three, and meets the required front yard and rear yard setbacks, as well as the parking regulations. Dr. Weaver believes that since these buildings are rental units, they should be considered as multiple -family units. Multiple -family units are allowed in an area of 3,500 square feet per dwelling unit, instead of 7,500 square feet per unit required of single-family homes. However this area requirement is based on - - - - - - - - - the fact that multiple -family dwelling units consist of one building, not several. The building area is not based on whether a property is a rental unit, but on the type of structure. For instance, condominiums are not rental units, but they are multiple -family units since they are within one building. Dr. Weaver has also questioned whether this development meets the conditions of a Planned Unit Development. Planned Unit Developments (PUD) pertain to new subdivisions, or large parcels of land being developed as a whole. The purpose of PUD's are to allow flexibility through a unified site design of roads, housing mixes, and densities. Greater density or housing mixes may be allowed in one area, and given up in another. PUD's are not designed for properties being developed on a lot -by -lot basis, as is this Sunnyside Unit property. The PUD review process is very similar to a Subdivision review, and requires that the projects relation to major transportation facilities, public facilities, and surrounding property be carefully reviewed. PUD's must also be reviewed by the City Planning & Zoning Commission. Enclosed is a letter from the City Attorney regarding this property, and he states that a variance could legally be issued for this property if it were determined that a hardship exists. GEORGE D. F RBES - City Manager 110YNH ANN) 13ANNtN) A7TODIIRY0 AT LAW NQDT orrice DIVA-1 ­1 111.1111011/N7L r1.111111M nuill November 1, 1979 nueuor¢luo+) 1w�uw Mr. George 1). Forbes City Manager City Nall P. 0. Box 219 Clermont, Ph 32711 RE: VARIANCE REQUEST OF DR. TOM WEAVER Dear George: Pursuant to the request of the City Council, I have researched the applicable ordinances regarding the variance request presented by Dr. Tom Weaver. The memorandum submitted by the City Manager outlines the problems presented by Dr. Weaver's request. In my opinion, the only legal problems relate to the request to place single family units on the parcel. I will limit my discussion to this problem. The property is zoned R-3, Residential Professional District, which allows single family and multiple family units. Section 26-15 of the Code of Ordinances provides that: Sec. 26.15: Except as hereinafter provided, only one principal residential building except for multi -family dwellings, townhouses and cluster developments, may hereafter be erected on any lot. Dr. Weaver owns lots g and 9 which would allow him to place a single family dwelling on each lot for a total of 2 units. Dr. Weaver's request is for a total of 4 units which would require a variance in addition to those outlined in the City Manager's memorandum. As you know, a hardship must be found prior to the granting of a variance. The Council may consider the topography of the land, trees', etc., in determining whether a hardship exists. I can see no legal impediment to the granting of a variance to the provision which only allows 1 building for each lot, assuming a sufficient hardship can be shown. Very truly yours, LEONARD H. BAIRD, JR. �1 City Attorney LHB/msl cc Dr. Tom Weaver nj 57 ON t.1 LN yj ?J 0 rT ti P4 111ip?,13r FOR VARIANCE October 4, 1979 OWNER: Dr, 'rhomns D. Wenvar A1'p1,11CANT: Dr. Thomas D. Weaver 1'1101111,I(fY: Loth 8 and 9, I lock 5, Sunnysido Un:Lt LOCAITON: 1,63 Sunnyside Drive ZONING: R3 REQUEST: Dr. Weaver raqucHLs a variance from the front yard, rear yard, setback, area, and Other provisions of the zoning ordinance in order to place four single family dwel.lingH as rental Units on the above property. Specific variances include: A. Buildings "A" and "D" have front yard setbacks of 24' and 6', whereas 25' is required. B. All four buildings require side yard variances. A minimum side yard of 7.5' is required and these buildings have side yards of only 4' to 6'. C. The zoning ordinance requires front and rear yard setbacks of 25', there- fore, the distance between the front and rear buildings are not obtainable. D. The zoning ordinance requires each single family dwelling unit to have an area of 7,500 square feet. These four units would then require an area of 30,000 square feet, whereas only 13,700 square feet is available on these lots. G. The zoning ordinance requires all buildings to have unrestricted access to a public street. The rear units would not have any access to the public street. Also, each dwelling unit is required to have two off-street parking spaces, not shown on the site plan. F. If this development is to be considered multiple -family as requested, it exceeds the maximum allowable lot coverage of 25%. This proposed develop- ment has a lot coverage of 38.6%. COMMENTS: Dr. Weaver believes this variance request is reasonable since a four unit. apartment could be built on this property. This property is zoned R-3 and a four -unit apartment unit could be built since apartments require 3,000 square feet per dwelling unit, or 12,000 square feet of area. However, such an apartment could only be built if it met all yard setbacks and other zoning provisions. If this variance were granted, Dr. Weaver intends to place four prefabricated Carroll Homes on this property as rental units (see attached materials on Carroll Homes). Dr. Weaver believes this is a new concept in apartment units, and that this is a hardship since he does not wish to remove any of the large trees on this property. However, it should be noted that most four-plex apartment units take up less room than four single-family homes. The City previously denied a variance to John Aull in this same area to build a duplex since he did not have the required yard width of 100' required for duplexes. CDHMImv, (Weaver. Variance Request, conthnied) Dr. Weaver. could :Legally place one duplex, single fatmily home, or one four -family apartment on this property assuming all yard setbacks would be met. 'there appears to be some misconceptions in the City of: Clermont regarding property zoned R3 or R3A Multiple FlImLly. .lust beenunc n property 1s zoned multiple-fnmil.y does not main you can build apartments on it. Multiple family zones allow single-family, LWo-family, and multiple -family dwellings. Ilowover, each type of development is allowed only if you can meet all the area, frontage, and yard requirements. Sincerely, George D`�Porbes City Manager GDP:js }} PLFA'F PRINT OR TYPE TO THE ZONING BOARD OF AL. .(MENT OF THE CITY OF CLERMONT, FLORIDA APPLICANT NAME: ThonuW 1). wouvor, M. D. ADDRESS: Clermont, Florida 32711 Gentlemen: Having posted the necessary $25.00 appeal fee with the City Clerk, I hereby make application to your Board for relief from a decision of the Building Official of the City of Clermont, whereby I was refused permission to: Repair ( ), Add to ( ), Alter ( ), Construct (x ), Move and Place ( ), a (sign) building on lot/s 8 and 9 , Block 5 Subdivision sunnyside Address 163 Sunnyside Drive ,Zone R3 Section 26-23 Section of Code Se d in the City of Clermont, Florida. The reason given by the Building Official for the decision in refusing to issue a building permit is: Does not meet set back requirements or sq. ft. for single family units My appeal to your Board is based on my contention that this decision creates a hardship on me for the following reason, or reasons: See attached sheet Seven (7) copies of all necessary floor plans, plot plans, and other pertinent infor- mation are attached hereto, on paper size Wj" x 14" minimum size. I submit that I qualify for this variance because I have an exceptional and unique hardship on my particular parcel of land that is not shared by property owners in my area. A strict application of the zoning ordinance deprives me of the reasonable use of my, land and the granting of this variance will not alter the essential character of the area. I have been notified that this Variance Application must be filed with the City Clerk no later than 5:00 P.M. on Friday, two (2) weeks prior to the Council meeting at which time Variance will be considered. I also understand that when any variance is granted, construction of the structure must be completed within one year from date of grant. Date: 9/28/79 Very truly yours, vw✓ 5/17/77 WEAVER MEDICAL GROUP, P. A. dad CCVCRTH CTRCCT, CLCn61ONT, I'LORIDA 02711 TCLEPHONE (0041 304.2100 THOMAS D. WEAVER, M. D. Fellow American Amdemy of Farnllyl'bydriara September 28, 1979 WILLIAM V. RELYCA, M. D. Dlplornale Amerlcnn lJoard o/ Surgery Zoning Board of Adjustment of the city of Clermont Clermont, Florida 32711 Gentlemen: My appeal- to your Board is based on my contention that this decision creates a hardship on me for the following reason, or reasons: A four -unit apartment house may be constructed on the property. To build one that preserves all trees and beauty of this site weaving all around is not only impossible but would lose trees,- It would cost too much to be practical at a reasonable rental fee. Since this would limit the use of 7qy property as to number of units and also destroy the beauty of the area which I am trying to preserve I am asking for a new concept not covered under existing ordinances. This concept is that if a four -unit apartm__e�4J}t house under one roof is legal why can't it be split into pieces and put`ghe same piece of property to preserve the beauty and save costs. I would suggest as far as the sale be concerned that any allowed variance contain the requirement that such a split building be treated as one unit for sale, etc. I ask the council's indulgence to advise me as to what would make this general concept acceptable if not acceptable as presented. Sincerely yours, THOMAS D. WEAVER, M. D. TDW/adk cwnt CITY OF CL.EIaMONT P.O. BOX 219 • CLERMONT, FLORIDA 32711 • PHONE 904/394.4001 October 4, 1979 i ,l RC: Lots 8 and 9, Block 5, Sunnyside Unit, Clermont Heights Dear As an abutting and/or adjacent property owner within 150' {" of the above mentioned property, you will please be advised --- of the attached described request for Variance that shall -------- �' be considered by the Clermont City Council, sitting as a Board of Adjustment, on Tuesday, October 23, 1979 at 7:30 P.M. in the Council Chambers. j'. All such requests are considered in Public Hearing, and you `^ are invited to be present to express your views on the matter. Sincerely, QLdk DOLORES W. CARROLL City Clerk DWC:js Attachment(s) PROPERTY OWNERS NOTIFIED FOR WEAVER VARIANCE REQUEST Harry F. Bnumgardner c/o Patricia Mott 215 Haybert Court Bakersfield, CA 93304 Donald Bloebaum c/o R. J. Rotelln 310 Southenst National Bank Building Orlando, Florida 32801 Leonard Townsend P. 0. Box 171 Clermont Vernon J. Wegner and Donald Tracy 800 W. Lake Shore Drive Clermont A. T. Booher 1355 Bowman Clermont Seventh Day Adventists P. 0. Box 1313 .. ........ Orlando, Florida 32802 Herbert L. Rogers 151 B. PIinnchaha Clermont Luce M. Ong P. 0. Box 46 Carnegie, PA 15106 CITY OF CLERfi/ ONT v.A.. 0 P.O. BOX 217. CL811MONT, FLOHICIA 32711 • PRONE 904/394.4011 October 4, 1979 Dr. 'rinums D. Weaver 825 Suvenl:h Street Clermont, Florida 32711 Dear Dr. Weaver: 'rite City Council, sitting as a Doard of Adjustment in Publie Hearing, aboll consider your variance request to the Zoning Ordinance at their regular meeting to be held '1'ucsday cto er , 1979 at 7:30 P.M. in the Council Chambers, Tocatc on the corner of West Avenue and Desoto Street. Et is necessary that you or your representative be present at tills mccting in support of your request. Sincerely, Dolores W. Carroll City Clerk DWC:ja Enclosed is a second drawing from Dr. Weaver regarding this project. it was delivered to me Friday afternoon after the Council packets had already been prepared. This drawing is an improvement over the first site plan in that the side yard requirements are maintained. However, the front yard, area, and other problems mentioned in my memo remain essentially unchanged. GEORGE D. FORBES - City Manager (J 1 I II T r) u "' u :, r --- o X a ID (D N (D W r0 � +n V 0l Cp I t.l I b 7 •n r ; 7 /7 Al --.'� / S --------------------- i- J-11:_-1--1�1 i I =. I,-! 12 k),. ON �j t4 Ala ---------- --- - - ------ -- - - PI.CASE PRIM__. TOR TYPE. TO TIIC ZONING BOARD G h1STMENT , OF TIIE CITY OF CLCRMONi, FLORIDA APPLICANT NAME :Goorge P Itobnr. Ls ADDRESS: ]090 Somino.lc Strec__ Gentlemen: Having posted the necessary $25.00 appeal fee with the City Clerk, I hereby make application to your Board for relief from a decision of the Building Official of the City of Clermont, whereby I was refused permission to: Repair ( ), Add to ( ), Alter ( ), Construct ( x), Move and Place ( ), a (sign) building mt lot/s 18 and 20 , Block 107 Subdivision Indian hills , Address logo Seminole Street ,Zone 26-12 Lot Size in the City of Clermont, Florida. Section of Code The reason given by the Building Official for the decision in refusing to issue a building permit is: Application applied for is the reduction in size in existing building lot to the status of a non -conforming lot. Proposing a zero rear yard lot line. My appeal to your Board is based on my contention that this decision creates a_.__ . hardship on me for the following reason, or reasons: Our present home is about 30 years old and itwouldbetexpensive and year impractical to remodel it (i.e. heat, air, plumbing, round living. we have ample land to construct a modern home on a con- forming lot as shown on the attached certified plan. Seven (7) copies of all necessary floor plans, plot plans, and other pertinent infor- mation are attached hereto, on paper size 83,' x 141, minimum size. I submit that I qualify for this variance because I have an exceptional and unique hardship on my particular parcel of land that is not shared by property owners in my area. A strict application of the zoning ordinance deprives me of the reasonable use of my land and the granting of this variance will not alter the essential character of the area. I have been notified that this Variance Application must be filed with the City Clerk no later than 5:00 P.M. on Friday, two (2) weeks prior to the Council meeting at which time Variance will be considered. I also understand that when any variance is granted, construction. of the structure must be completed within one year from date of grant. Date: 10-29-79 Very truly yours, s/George D. Roberts 5/17/77 u - Q� • 0 U 1�fetf�w � ' S r Description: Lots 18and 20, Block 107, Indian Hills as Recorded in Plat book 8, Pages,r. 17-23, Public Records of Lake County, Florida. Plat of survey for: George 0. Roberts - DATE OF SURVEY: CERTIFIED CORRECTS Ben Blackburn &Associates, Inc Land Surveyor Q•yC x 7 East Hwy. 50— PO. Box 953 SCALE: I = Zv' Clermont, Florida 32711-' FB GPG. 9041394-6131 JOB NO. � � --- ' rEA' BL'AC!1BCJ:S•A P.L.S. 2142' AM CITY OF CLEIRMONT P.O. BOX 219 • CLERMONT, FLOF11DA 97711 • PHONE !HN139A Aag1 November 1, 1979 HE: LOTS 18, 20, BLOCK 107, INDIAN BILLS SU13D'IVISION 1090 Seminole Street Dear As an abutting and/or adjacent property owner within 150' of the above mentioned property, you will please be advised of the attached described request for Variance that shall be considered by the Clermont City Council, sitting as a Board of AdJueaCmmit, 01, 'I'uesdny, November 13, 1979 at 7:30 P.M. in the Council Chambers. All such requests are considered in Public Ilcaring, and you are invited to be present to express your views on the matter. Sinncce�rel�y, DOLORES W. CARROLL - City Clerk DWC:js Attachment(s) Pro ert owners nollL9.ed r -11OBE'R7.'-V r. L. Ilutchingson George Geiger 1077 Linden 1059 Seminole Clermont, Fla. 32711 Clermont, Fla . 32711 iioward I. White, Jr. David C. Coggshall 1319 Eleventh Street 1079 Seminole Clermont, Fla. 32711 Clermont, Fla. 32711 Clermont, Allison B. Liles L. Johnson 1125 Seminole logg Seminole Clermont, Fla. 32711 Clermont, Fla . 32711 Robert D. Benjamin Jimmy R. Peacock 1330 Eleventh Street Route 1 Box 440 Monticello, IN 47960 Clermont, Fla. 32711 William F. Gresham Ray C. strosberg 0. Box 126 1055 Linden Clermont, Fla. 32711 P. Clermont, Fla. 32711 Catherine Benedetti William A. Brown 1119 Linden 1065 Linden Clermont, Fla. 32711 Clermont, Florida 32711 R. J. Baldwin James Guyton Jill SeminoleClermont, 1080 Seminole Clermont, Fla. 32711 Fla. 32711 Novaulor 1, 1979 Mr. George D. Roberts 1090 Seminole Street Clermont, Florida 32711 Daar Mr. Roberta: Please be advised that the City Council, sitting an a Board of Adjustment in Public Rearing, shall consider your request for a variance to the zoning ordinance at 'T,, their regular meaning to be held November 13, 1979 at _approximately. 700 P_M...in. the .City .Council Chambers, located on the corner of Weat Avenue and DoSoto Street (Police and Fire Building). It is necessary that you or your representative be present at this meeting in support of your request. Sincerely, Dolores W. Carroll City Clerk DWCsje t l61✓_'. ('ffGtsF-FCi:'L-_ Cf!`7�,���.D i2.� /y. ELT//cc•r'i( r�/i= W1Cc Mor BE Aar TO L{TT 40b TNr C'c dRJGL /llr�r i-/Z 4)/eC PC L DT7 L,at_,LI $7• �CerenrcnJ'r , FlA. J. R: MACOCK. D. V• M. xdbxxmoc 1330 11th.St. CLcitmonT, PLDI,IDA 98711 TKLKN,I—K ]GA•WQisK 3909 November 5, 1979 The City Council City Of Clermont P.O. Box 219 Clermont, F1. 32711 Gontlomenl I have been notified by mail that the City Council will sit as a Board of Adjustment to hear a request for Variance concerning Lots 18, 20 ,Block 107, INDIAN HILLS SUBDIVISION 1090 Seminole Street. Further, that as an adjacent property owner My views can be expressed in a Public Hearing November 13, 1979- A commitment made several weeks ago require that I be out of town on the above given date. Therefore, I wish to take this means to express My objection to the granting of the Variance as described in -the documents accompaning the Notification sent to Me by the City. Sincer y eacock, D.V.M. MR. & MRS. DAVID C. COGGSHALL 1319 11TH STREET CLERMONT, FLORIDA 3271.1. Mrs. Dolores W. Carroll City Clerk City of Clermont Post Office Box 219 Clermont, Florida 32711 Re: Lots 18, 20, Block 107 Indian Hills Subdivision 1090 Seminole Street Dear Mrs, Carroll: This is to inform you of my strong opposition to the zoning variance requested for Lots 18 and 20, Block 107, Indian Hills Subdivision (1090 Seminole Street). It is my opinion that if approved, this variance would alter the essential character of the area. Furthermore, because this general situation regarding rear yard lot lines is neither unique or exceptional, a precedent for future requests would be established. Because it appears that the objective of a modern, year-round home can be achieved within existing zoning laws, I question whether a handship exists in the truest spirit of Clermont Zoning Laws. Sincerely, David C. CCogi.rhall ewe REQUEST FOR VARIANCE October 22, 1979 OWNER: William Delaney APPLICANT: William Delaney and Max Judy G Associates, Inc. PROPERTY: Lots 15, 16, 17, Lettered Block Q LOCATION: 210-220 Highland Avenue ZONING: R2 - Two Family REQUEST: Lot width variance from 100' required to 79' and 75', In order to construct two duplexes on this property. COMMENTS: This is a large parcel of property with an area of 24,966 feet, which is more than the 20,000 square feet required for two duplexes. As shown on the attached site plan, the buildings would meet all applicable zoning regulations with the exception of the lot width. , �ig, (� George D. For�Ity Manager tt P!rA5 E PRINT OR TYPE TO THE ZONING BOARD OF l,. __ jTMENT OF THE CITY OF CLERMONT, FLORIDA APPLICANT NAME: William Delaney ADDRESS: Rt 3, Box 3222Clermont, Florida Gentlemen: Having posted the necessary $25.00 appeal fee with the City Clerk, I hereby make application to your Board for relief from a decision of the Building Official of the City of Clermont, whereby I was refused permission to: Repair ( ), Add to ( ), Alter ( ), Construct ( X ), Move and Place ( ), a G6>1SI() building on lot/sus , ti F i v Block Block Q Subdivision niork,,;, Address 210-220 Highland ,Zone R-7. Section of Code 9a g,? ( ) (9) (gg medium Density) in the City of Clermont, Florida. The reason given by the Building Official for the decision in refusing to issue a building permit is: Duplexes in an R2 zone require a minimum width of lots of 100 feet at the building setback line. My appeal to your Board is based on my contention that this decision creates a hardship on me for the following reason, or reasons: Use for Duplex -Rental Property The higest and best use for the R-2 property in question is for multiple rentals. Total land area would allow 2 duplexes or 4 rental units, however the front footage is 50' less than 11-2 requires. Total cost of land precludes the placement of only 1 duplex and variance is requested in order to justify land cost. Seven (7) copies of all necessary floor plans, plot plans, and other pertinent infor- mation are attached hereto, on paper size 81" x 14" minimum size. 1 submit that I qualify for this variance because I have an exceptional and unique hardship on my particular parcel of land that is not shared by property owners in my area. A strict application of the zoning ordinance deprives me of the reasonable use of my land and the granting of this variance will not alter the essential character of the area. I have been notified that this Variance Application must be filed with the City Clerk no later than 5:00 P.M. on Friday, two (2) weeks prior to the Council meeting at which time Variance will be considered. I also understand that when any variance is granted, construction of the structure must be completed within one year from date of grant. Date: Very truly yours, MAX JUDY E ASSOCIATES,INC. B =� y' William Delaney 5/17/77 AM 40 CITY OF CLERMONT P,O. DOX 219 • CLERMONT, I'LOFIIDA 32711 • PIIONE D04/39A 4001 October 23, 1979 - - - Sao Attached - - - 116: LOTS 15, 16, 17, LETTERED BLOCK "Q" Dear - - As an abutting and/or adjacent property owner within 150' of the above mentioned property, you will please be advised of the attached described request for Variance that.shall be considered by the Clermont City Council, sitting aata Board of Adjustment, on Tuesday, November 7:30 P.M. in the Council Chambers. All such requests are considered in Public hearing, and you are invited to be present to express your views on the matter. Sincerely, DOLORES W. CARROLL City Clerk j DWC:js Attachments) Properly ownern notified for DEL.ANEY Variance requent. A.Lvio L. SLurgil.l. 242 I:, Highland Clermont Max P. Judy P. 0. Box 726 Clermont• William Ilahler 180 G. Highland Clermont Tony L. Ridge Route 1, Box 26-E-....... ..... ... Clermont City of Clermont ---------------- October 23, 1979 Hr. William Delaney c/o Max Judy A Aasociaten P. 0. Box 726 Clermont, Florida 32711 Dour Mr. Dalancyt Tito City Council, sitting as a Hoard of Adjustment In Public Bearing, shall consider your request for a Variants to the zoning Ordinance at their regular seating to be hold Tuesday. November 13, 1979 at approximately 700 P.H.in thu Couticil Chnmbora, located on the corner of West Avenue and DoSoto Street (Police and Fire Building). It is necessary that you or your representative be present at this meeting in support of your request. Sincerely, Dolores W. Carroll City Clark DWCt'• cc: Building Official 111iQUf.S'V FOR CONDTT'IONAL USH iRMIT OWNER; Jilenaod Sacrament Church APPLICANT: Fabl.:ui G. Glmano, Pastor PROPERTY: Illock 140 and 139, lying north of State Road 50. (See application for full description) LOCATION: 720 12th Street ZONING: R3 Residential/Profannional District REQUEST: Conditional Use Permit to build tin educational building with eight classrooms for Sunday School classes. COMMENTS: This request in only for a small educational building for Sunday School classes that would be in compliance with all applicable City codes. PREVIOUS ACTION: At its November 6th meeting, the Planning and Zoning Commission unanimously voted to recommend that the request be approved subject to the following conditions: 1. That all applicable regulations and ordinances be met; 2. That the use not be expanded except with a Conditional Use Permit; and, 3. That all conditions be met prior to the issuance of a Certificate of Occupancy. Respectfully submitted, G George D. Forbes City Manager APPLICATION CoiIIICI'IONAI, 11014 VKHMi'1' WHOM 26-117 CODR OP NOIHANI,I;N) APPLICANT; DAI11,t �/%��t'.�!'GLvr ry A: �, , lC i/ ✓r VCi c T// r r al�rT/.' /( ril/> D Ilancflrtlon of I'rnwrt �/ ' LS / T n r. / /1.`�'��9uNr', i/// ;0 77//, r/r,�. /"i/ i�r. r ,.; !'/Ytr ��i1.1vL1.: ld_.. u_�%1'ZL[i.%.O/' r r, r,�j"i:.`...:tG:�::CIL /✓ c�L....� JC:»,cGr;G::.Zd��..L.�.r G'.c'i:..:.l�uC J, /r";r; 7i/ram .vr...::i •/c � r' ..v ��"z, ii v .:.'t, %,ow,v •. iii/ ,., ,�.; .�:✓. >C :rni��'.�3-'i::/' Wilting Zoning: _.— - General Description of Request: (Attach additional sheets If necessary) T :sT- °!_I/.5:�; /Cc:oi»,�� %c+ ,(i6 C- ;ail �i'.C:. •J u.v,6 i;I}/ PILING INSTRUCTIONS: The application shall be filed in the office of the City Clark on or before 10 dnya prior to a scheduled meuting of the Planning b Zoning Commission and shall be duly advertised for public hearing and scheduled for such hearing for the next Planning 6 Zoning Commission meeting and City Council meeting. 'file recommendations of the Planning and Zoning Commission shall be forwarded to the City Council for its consideration at the next meeting. The applicant shall furnish the following information to accompany application: 1. The name, address, and telephone number of the applicant and owner of the property. 2. A plot plan showing the dimensions and location of all existing and proposed buildings, signs, driveways, off-street parking areas, loading and unloading, highways, water courses, and other topogrnphic features of the site. !. A description of the proposed operation in sufficient detail to set forth its nature and extent. 4, flans or reports describing method of handling any traffic condition created by the proposed use. 5. Landscape architectural plans. 6. Complete legal description of property involved, including a survey. PLANNED UNIT DEVELOPMENT - If Conditional Use Permit Application is for a Planned Unit Development (i'UD), see also section 26-68 (E) of the Code of Ordinances. The applicant should become familiar with the regulations of the City of Clermont regarding zoning requirements applicable to particular zoning classifications. Any person requesting a conditional use permit, except a planned -unit development, shall file an application and pay a fee of $25 per acre or any part thereof, with a maximum fee of $250. Any person requesting a conditional use permit for a planned unit develop- ment shall file an application and pay a fee of $75 per acre or any part thereof, with a maximum fee of $750. PEES: 1 PG{. Rx 14 z signature f./AppLicbnt tea, 1 AO CITY OF CLSRMOFMT P.O. HOX 219 • CLGHMONT, R0111DA 32711 • PIIONE 904/394 41XII October 18, 1979 RE: BLESSED SACRAMENT C11URCH 720 12th Street Dear As an abutting and/or adjacent property owner within 150' of the above mentioned property, you will please be advised of the attached described request for a Conditional Use Permit that shall be considered by the Clermont Planning and Zoning Commission on Tuesday, November 6, 1979 at 7:30 P.M., and a final hearing by the City Council on Tuesday,Nov. 13, 1979 at 7:30 P.M. in the Council Chambers. All such requests are considered in Public Hearings, and you are invited to be present to express your views on the matter. Sincerely, DOLORES W. CARROLL - City Clerk DWC/js Attachment(s) ADDITIONAL PLANS MAY BE VIEWED AT CITY HALL DURING REGULAR BUSINESS HOURS, MONDAY THROUGH FRIDAY, 8:00 A.M. - 5:00 P.M. PROPERTY OWNERS NOTIFIED FOR BLESSED SACRAMENT CHURCH CUP REQUEST EST Poyntor-Uardor Construction Company P. O. Box 557 Clermont, Florida 32711 John Roman 18810 Jefferson Road Box 386 Mobley, MI 4933E Louis J. Formato 649 12th Street Clermont, Florida 32711 Williams Steel Industries, Inc. P. O. Box 159 Clermont, Florida 32711 City of Clermont (owns property - north of proposed construction) October 18, 1979 £dossed 9acrmnont- Church 720 1;.Lh Struut Clermont, Florida 32711 Fi912d: iar3. Prancos Boone near Iwo. Doone: .'lease: be advi.s,a l I.hat a i?ui,)l.ic aearintg to consiflc:r your rogvc,it; .:or. a Conditional Use Fr_;rmit to allots thoe construction of an i5ducational ;tuiI(All,t at: 720 12th StrcQt will .....__ _... be h-, ld ue.Poro tt:�- PI.anni.nri anu-2ani.nq. Caen• ..._.. 1. mi.^,::ion On 9'u.ac:ay, T.tocc:r,Ler. 6, 1J79 at 7: 30 P.11. in the C.i.ty Council Chamb. ra, Located on tine corner of Wost Avonue and DcE3oto >treet (pol .c(, and Fire building) . It i:a nnces:)ary that ;jou or your ,.oprc.sentative be gresent at this: ru,c,tinq in support of your requcot. Sincerely, Dolores Q. Carroll City Clerk DwC : j s cc: Building Official bc: City Clark ✓ REQUEST FOR VARIANCE October 26, 1979 OWNER: Mr. 6 Mrs. Ira Ayers APPLICANT: Mr. 6 Mrs. Ira Ayers PROPERTY: Lot 12 and South 1/2 of Lot 11, Dlock 95 LOCATION: 658 West Avenue ZONING: R3 REQUEST: 1. Lot width variance from 100' required to 75'. 2. Lot area variance from 10,000 square feet required to 9375 square feet. COMMENTS: The Ayers wish to remodel their existing home at 658 West Avenue into a duplex. f1,p'v-' G� � �1� George Forbes - City Manager PIF.4SE PRINT OR TYPE TO THE ZONING BOARD OF A. IMENT OF THE CITY OF CLERMONT, FLORIDA APPLICANT NAME:_.I1r. 6 mtn, Ira A .r,a ADDRESS: (,58 jU Avqjjuc _ Gentlemen: Having posted the necessary $25.00 appeal fee with the City Clerk, I hereby make application to your Board for relief from a decision of the Building Official of the City of Clermont, whereby I was refused permission to: Repair ( ), Add to ( ), Alter ( xx), Construct ( ), Move and Place ( ), a (sign) building on lot/s 12 South 1/2 of Lot 11 , Block 95 Subdivision City Blocks Address 658 West Avenue ,Zone R3 Section of Code 26-23 (C)(1)(2) _ in the City of Clermont, Florida. The reason given by the Building Official for the decision in refusing to issue a building permit is: zoning Ordinance R3 Section 26-23 - General Requirements - prescribes 5000 sq. ft. per two-family, and lot width requires 100 feet width. Lot is 75 in width and lot area is 9375 sq.ft. My appeal to your Board is based on my contention that this decision creates a- - hardship on me for the following reason, or reasons: House is 30 years old and quite large, too large for a single couple, and was purchased with the intention to matte alterations for two retiree apartments of the required 700 feet living area. Seven (7) copies of all necessary floor plans, plot plans, and other pertinent infor- mation are attached hereto, on paper size 81j" x 14" minimum size. I submit that I qualify for this variance because I have an exceptional and unique hardship on my particular parcel of land that is not shared by property owners in my area. A strict application of the zoning ordinance deprives me of the reasonable use of my land and the granting of this variance will not alter the essential character of the area. I have been notified that this Variance Application must be filed with the City Clerk no later than 5:00 P.M. on Friday, two (2) weeks prior to the Council meeting at which time Variance will be considered. I also understand that when any variance is granted, construction of the structure must be completed within one year from date of grant. Date: October 26, 1979 Very truly yours, 5/17/77 i CITY OF CLERMONT p,0. BOX 219 • CLEnMONT, FLORIDA 32711 • PIIONE 901/394.4001 October 29, 1979 RE: SOUTH 1/2 OF LOT 11, L0T 12, BLOCK 95 (658 West Avenue) II Dear As an abutting and/or adjacent property owner withina1500' of the above mentioned property , y P i of the attached described request forVariancethat .shall be considered by the Clermont City No Council 'ember sitting 979 aata Board of Adjustment, on Tuesday, 7:30 P.M. in the Council Chambers. All such requests are considered in Public hearing, and you are invited to be present to express your views on the matter. Sincerely, v_ DOLORES W. CARROLL City Clerk DWC:js Attachment(s) ',i i 1?r2[ orL owner:a not.iflod for AXIiItS Vari.cuicc request: R. P. Seaver Diane Thigpen 865 Montrose 950 Montrose Clermont Clermont Elwood Barnes Robert Hanford Route 11 959 Minneola Brewerton, NY 13029 Clermont Larry A. Ogden Beulah Ferguson 898 11. Montrose P. 0. Box 705 Clermont Clermont Sidney Levin Roberta Ashcroft 2100 N. Atlantic Avenue Mary Cox, and Apartment 610 Lois Fox Cocoa Beach, Fla 32931 1212 Kenilworth Avenue Coshocton, Ohio 43812 Gladys Jones and Claudia Kay Jones Charles E. Crozier, Sr. 606 West Avenue P. 0. Drawer 6 .. Clermont Clermont C. E. Sullins Dorris M. Stephany 890 Minneola Ave. 967 Montrose Clermont Clermont Mr. & Mrs. Ira Ayers 435 Minneola Avenue Clermont October 29, 1979 Mr. & r1ru. Ira Dyers 439 Minneola Avenue Clormont, Florida 32711 Ooar Mr. & Mrs. Dyera: Please be advised that the City Council, sitting as a Board of Adjustment in Public Hearing, shall consider your request• for a variance to the toning ordinance at their regular meeting to be held Novembor 13, 1979 at approximately 700 P.M. in the Council Chaznbers; located on the corner of ` Nast Avenue and DaSoto Street (Police and Fire Building). It is necessary that you or your ropreaentativo be present at this meeting in support of your request. Sinceroly, Dolores W. Carroll City Clerk DwC.ja i REQUEST FOR VARIANCE October 29, 1979 OWNER: Lewis K. Runnels, Pelican Oil Company, Inc. APPLICANT: Lewis K. Runnels, Pelican Oil Company, Inc. PROPERTY: Lots 8, 9, 10, City Block 72 LOCATION: 677 Highway 50 ZONING: Cl REQUEST: Building setback variance from 50' required to 2218" in order to construct an addition to the present Pelican Oil building. COMMENTS: The present Pelican Oil Company building Is a non -conforming building since It has a setback of only Wil", whereas 50' is required. The proposed addition would further penetrate the required front yard setback. George D. orbes - City Manager PIXAS E PRINT OR TYPE TO THE ZONING BOARD G dUSTMENT OF THE CITY OF CLERMONf; FLORIDA APPLICANT Lewis K. Runnols NAME•: Pelican oil Company, Inc. 1 . O. Box 66. ADDRESS: Crystal River, Florida —32629 Gentlemen: (laving posted the necessary $25.00 appeal fee with the City Clerk, I hereby make application to your Board for relief from a decision of the Building Official of the City of Clermont, whereby I was refused permission to: Repair ( ),Add to (x), Alter ( ), Construct ( ), Move and Place ( ), a (sign) building on lot/s S, 9, 10 , Block 72 Subdivision City Blocks Address 677 Highway 50 ,Zone Cl Section of Code 26- 24 (E) (1) in the City of Clermont, Florida. The reason given by the Building Official for the decision in refusing to issue a building permit is: The existing building now penetrates the required 50' setback 1514". The exterior convenience unit will penetrate a total of 27' into the required 50' setback at Highway 50. My appeal to your Board is based on my contention that this decision creates a hardship on me for the following reason, or reasons: SEE REVERSE Seven (7) copies of all necessary floor plans, plot plans, and other pertinent infor- mation are attached hereto, on paper size S'-," x 14" minimum size. I submit that I qualify for this variance because I have an exceptional and unique hardship on my particular parcel of land that is not shared by property owners in my area. A strict application of the zoning ordinance deprives me of the reasonable use of my land and the granting of this variance will not alter the essential character of the area. I have been notified that this Variance Application must be filed with the City Clerk no later than 5:00 P.M. on Friday, two (2) weeks prior to the Council meeting at which time Variance will be considered. I also understand that when any variance is granted, construction of the structure must be completed within one year from date of grant. Date: 10-29-79 Very truly yours, s/ Lewis K. Runnels Pelican Oil Company, Inc. 5/17/77 In order to maintain the service station as a viable economic unit•, it is necessary for us to .improve our sales efficiency for convenience merchandise. We have consistently tried to maintain a price competitive posture on both gasoline and convenience items. This unit was not closed during the latest- gasoline shortage. We will guarantee that during our tenure here in Clermont, that we will operate with a view toward serving the community, and will allocate gasoline and diesel fuel to this outlet on a basis consistent with our total operation. r _ o y •1 o --ED l'll C a iJ �I /y �f Io'•r1 , >�� / f.✓,n /a,�9s6.y/, r� alz :. oEsc�/Pr/oiv: aTs B� 9,/D 4WZ7 •. %pK } h1 Ti/E' i(/OrPTf/ .3.3 FT OF G OTur- pW lo,, oZoCt 72 //CClgo1M9 7:�'-70'- �' BOD/L' c9E /g[9L/C PE�GLs o� LAiI-ECG'G/�FLO.c�/OrJ + h i I �zfW�of C6-/? 7-1/FV D: BF/V BGACKaeeRN /E'LS.2/9�2 s CITY OF CLERMONT P.O. BOX 219 • CLERMONT, FLOMDA 32711 PhIDNE IX14/30440111 November 1, 1979 SEE ATTACHED RE: LOTS 8, 9, 10, BLOCK 72 677 Highway 50 Dear - - As an abutting and/or adjacent property owner within 150' of the above mentioned property, you will please be advised --- of the attached described request for Variance that shall be considered by the Clermont City Council, sitting as n Board of Adjustment, on Tuesday, November 13, 1979 at 7:30 P.N. in the Council Chambers. All such requests are considered in Public Hearing, and you are invited to be present to express your views on the matter. Sincerely, DOLORES W. CARROLL City Clerk DWC:js Attachment(s) I I J Property owners notified for RUNNELS variance re uost• A. R. & Donnie E. Sewell 363 E. Warner Street Groveland, Florida 32736 K. W. Osborne P. 0. Box 876 Bushnell, Florida 33513 Charles Strebig 4244 Quail Canyon San Bernardino, CA 92404 W. 0. Boone 1370 Fourth Street Clermont, Florida 32711 Sara Woodruff Eagle, et al 933 First Federal Building _ St. Petersburg, Florida 33701 i Navumbur 1, 1979 Hr. LLwia Y.. 1tuunols Pelican Oil Cowpany, Inc. r. o. Box 665 Crystal River, Florida 32629 Dear Hr. Runnels: ;1 Please be advised that the City Council, sitting as a Board of Adjustment in Public Doering, Shall consider your request for a variance to the zoning ordinance at their regular meeting to be held November 13, 1979 at approximately 7:30 P.H. in tha City CouncilChambers+ located at the corner of West Avenue and DeSoto Street (Police and Fire Building). It is necessary that you or your popresentative be present at this meeting in support of your request. Sincerely,