06-28-1977 Supporting DocumentsMINUTES
REGULAR MEETING,
N9 1422
ColuncilaChambers�Jonfthe City Tuesday, Junencil of the city of 28, 1977. Tile meetingrwastwas calledeld In l
to ordure
at 7:30 P.M. by Mayor Pro -Tom Carlisle A. Byrd,Jr., with the follovring members
present: Councilmen Blackburn, Schroedel, and Honey. Other officials present
City Manager
PublicaWorks}ty Directorney Smythe,d, City Buildinglerk officialoNagel,Finance and
Chief of Police Tyndal. Others present were: Ms. Maureen Hurd, and the Messrs.
Searles, Matthews, Czech, Grose, Bailey, Johnstone, Henn and Zentora.
The invocation was offered by Mr. Smythe, followed by repeating of the Pledge of
Allegiance in unison by those present.
The Minutes of the Regular Meeting held June 21, 1977 were approved as written.
PUBLIC HEARINGS - VARIANCE REQUESTS
Council, sitting as a Board of Adjustment, considered a request
by Robert Johnstone for a Variance to Section 26-20 (E) (2)
OrdinanceinNTIAL order ttoSconstructtEaYCarrportBACKS) of Addition onehiZoning
s
Property described as;
W 100' of Lot 345
Clermont Heights;
Lot 8A less 12' in
Block 1 of Riviera Heights
Mr. Johnstone appeared before Council in support of his request,
advising that due to an existing 6 foot elevation above grade
level, a wider than standard carport is required to allow entrance
and exit from vehicle, but in order to do so, there would be a penetration of
side yard setback 1'4" on grade level. Council was in agreement
with the request, and there being no one present who voiced
objection, motion was made by Counan cilmBlackburn seconded by
Councilman Schroedel and carried that the request be granted.
Council, sitting as a Board of Adjustment, considered a request
by Roy L. Grose,Jr., for a Variance to Section 26-22 (E) (2)
(MEDIUM DENSITY RESIDENTIAL DISTRICT - SIDE YARD SETBACKS) of the
Zoning Ordinance in order to construct an addition to his residence
located at 777 East Minnehaha Avenue (Lot 5 in Oakview Subdivision).
Mr. Grose appeared before Council in support of his request, advising
he had need of a carport and Florida Room, and in order to accomplish
this it would be necessary to penetrate 2' into the west side yard
setback for the carport and to enclose an existing paved patio on
the east side for the Florida Room, a Variance of 4 feet would be
necessary inasmuch as the patio presently penetrated into the side -
yard setback by that amount. Mr. Grose further advised of ample
space remaining between the existing patio and lot line to allow
for maintenance. There was no one present who voiced objection to
the request. Motion was then made by Councilman Blackburn, _seconded
by Councilman Honey and carried that the request be granted.
Council, sitting as a Board of Adjustment, considered a request by
Robert Thompson for a Variance to Section 26-21 (E) (2) (URBAN
RESIDENTIAL DISTRICT - SIDE YARD SETBACKS) of the Zoning Ordinance
in order to place a Utility Building on his property described as:
Lot 10, Block 2,
Minnehaha Estates
In the absence of Mr. Thompson, City Manager Tiffany advised the request
was for an allowablepenetration into the side yard setback of 61i'; That
MINUTES NQ 1423
prior to the annexation of Minnchaha Estates into the City, during
which time the residence now occupied by Mr. Thompson had been
constructed, the rear yard setback requirement had only been 10 fact,
and because of this limitation in the rear yard, he desired to place
it in the side yard, which required a variance. There was no one
present who voiced objection to the request. Following Council's
apprisal that the property was enclosed with fencing, motion was
made b Councilman Schroedel seconded b Councilman 11 and
cart ed tat t o request De granted rovided the bUl laIngis paced
so as to rov a am I e space between -the Dul i ric an once for grass
maintenance.
CUP REQUEST: THOMAS F. MCCOY dba STATE FARM INSURANCE COMPANY
City Manager Tiffany advised that the Planning and Zoning Commission,
meeting in Regular Meeting on June 7, 1977 had considered the request
for a CUP to allow living quarters sufficient to support the operation
of an insurance office at 635 Highway 50, and had recommended unan-
imously that it be granted subject to the following conditions:
(1) That the use not be expanded except with
a CUP permit granted by the City Council
(2) That the building conform to building code
requirements
(3) That the living quarters shall be an integral
part of the principal business structure and
secondary to the business operation
Motion was made by Councilman Blackburn, seconded by Councilman -
Schroedel and carried that the P & Z Commission's recommendation
be accepted. Councilman Blackburn thereupon offered and moved the
adoption of A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT,
FLORIDA GRANTING A CONDITIONAL USE PERMIT TO ALLOW LIVING QUARTERS
IN A COMMERCIAL BUILDING and the motion was seconded by Councilman
Honey and unanimously_ carried. The RESOLUTION was read by City Clerk
Carroll, by title only, and the Number 298 assigned to it.
COOPER MEMORIAL LIBRARY
Councilman Schroedel advised that, at the request of Mayor Smoak, he
had inquired of the Library as to the availability of various materials
that would be helpful to William Dailey in a research project for the
"208" Planning Committee, and that they had immediately responded with
the obtaining of materials from several sources, and would be in receipt
of still more that has been ordered.
ANIMAL COMPLAINT
Councilman Honey reported on complaints received from residents in the
Minnehaha Estates Subdivision area regarding a large dog which continued
to run at large in the area, menacing the residents. The matterwas
referred to City Manager Tiffany.
LAND USE: 516 WEST HIGHWAY 50
This matter having been postponed from the meeting held on June 21, and
no response had been forthcoming from Mr. Bronson Robinson, City Attorney
Baird inquired as to Council Is desire in the legal proceedings which had
been stopped at time of Mr. Robinson's request to appeal to Council.
MINUTES N4 1424
Motion was made by Councilman Blackburn, seconded by Councilman
Schroedel and carried that City Attorney Baird proceed with all
legal remedies available to abate the existing city ordinance
violation at the business property located at 516 West Highway 50.
LIBRARY TASK FORCE APPOINTMENT
City Manager Tiffany advised that the Lake County Planning
Director had requested that each municipality having a local
library appoint one elected city official to serve on a Task
Force to assist the County in their feasibility study for a
county -wide library system, which would make the various
city libraries available for state funds. Mayor Pro-Tem
Byrd appointed Councilman Schroedel, and he agreed to serve.
PAYMENT OF BILLS
Motion was made by Councilman Blackburn, seconded by Councilman
Schroedel and carried that the bills be paid. A copy is attached
hereto.
There being no further business to be brought before the Council at this time,
the meeting was adjourned by Mayor Pro-Tem Byrd at 8:05 P.M.
7
ZLISLE A. BYRD,JR.,�MAYOR PJ -TCM
�DYnifOnJ U � ! /!/siiA! DY
Dolores IV. Carroll, City-Clicrk
PLEASE PRINT OR TYPE
TO ONING BOARD OP ADJUSTMENT }
OE Tn,, CITY OF CLERMONT, FLORIDA
APPLICANT
NAME:— Robert-Johnstonu
ADDRESS: 421 W. Minnehaha Avenue
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 Clurnont, whereby I was refused permission to:
Rupair ( ), Add to ( ), Alter ( ), Construct (X ), Move and Place ( ), a (sign) building
W 100' of Lot 345 - Clermont Heights
on lot/s Lot 8- l- r,_1?'_,_B ock 1,_Rivt ra Hei_ghhts, Block --------------
Subdivision See Above , Address 421 W. Minnehaha Avenue ,Zone 111A
Section of Code Section 26-20-E-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:
Penetration of side yard setback one (1) foot four (4) inches on grade level.
My appeal to your Board is based on my contention that this decision creates.a___
hardship on me for the following reason, or reasons:
Due to the 6 foot elevation above grade level, a wider than standard carport is
required to allow entrance and exit from vehicle.
Seven (7) copies of all necessary floor plans, plot plans, and other pertinent infer-
mation are attached hereto, on paper size Br,•" 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'a'rea.
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, constructii
of the structure must be completed within one year from date of grant.
Date: June 14, 1977
5/17/77
µidfit'lli'lix wtAuv Ot" 'r)
L 4
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4zi V1. U144w" Ave
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of.-
GENERAL b ND
Batteries By Fisher
Bob Wade Ford, Inc.
Clamonts'
Croat Runtaurnnt
E. R. Johan Industries, Inc.
Eckard Drugs
Fla. Power Corp.
Fla. Power Corp.
Fla. Telephone Corp.
Ford Press, Inc.
Hughes Supply
IBM
J !l Matthews
Kidders Restaurant
Leonburg Commercial
Harry P. Lou, Inc.
Marpan Supply Co., Inc.
Monroe Division
Motorola Inc.
Municipal Equip. Co.
Nolan Engine & Mower
Raybro Electric Supplies
South Lake Press
Spring Lock Scaffolding of Fla.
Springstead & Assoc. Inc.
Texaco Inc.
Unit ax
Webb Bolt & Nut Co.
UTILITIES DEPARTMENT
Badcock
Chemical Equip. Service
Fla. Power Corp.
Fla. Telephone Corp.
Hughes Supply
- 'Moreland Chemical Co., Inc
Motorola Inc.
Sta-Con Inc.
Springstead & Assoc., Inc.
Unijax
ACCOUNTS PAYABLE JUNE 29, 1977
Mortar, Wiro Not, & Piugn)
47.02
(Window Rog. Knob)
1.54
(Pont Control)
10.00
(Prisoner Munin & Chiefs Meeting)
93.26
(Sand)
7.43
(Cunhion & Films)
115.59
(Softball piold-Pol.us)
683.03
(Utilitiun)
4761.22
(Utilities)
358.27
(Office Supplien)
103.55
(Chain & Electrical Supplies)
495.54
(Office Supplies)
43.65
(Memorial.)
51.70
(Prisoner Meals)
29.40
(Publication)
20.88
(Chain & Swivel)
295.12
(Lamps)
434.70
(Service Contract)
42.00
(Radio Maint.)
26.50
(Bearings)
81.92
(Chain, Sprocket, & Drum)
33.92
(Electrical Equip.)
2535.84
(Publication)
17.50
(Frames & Brecon)
3.32.77
(Engineering Face)
53.70
(Petroleum Products)
86.50
(Janitorial Supplies)
187.27
(Nuts, Washers, & Bolts)
29.14
10759.76
(Vacuum Cleaner)
49.95
(Packing Glands -Pump)
13.50
(Utilities)
4529.93
(Utilities)
111.21
(Inventory Supplies & Lead)
731.81 1
(Hydrogen Peroxide)
1022.25
(Radio Maint.)
79.00
(Mercury Switch)
85.20
(Engineering Fees)
422.40
(Janitorial Supplies)
!)j
26.40 j
7071.65
i
PLEASE PRINT OR TYPE
TO Ti, NING BOARD OF ADJUSTMENT
OF THE CITY OF CLERMONT, FLORIDA
APPLICANT
NAME: any I - RQSL'jP
ADDRESS: 777 MINNEHAHA AVENUE
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 D01ding Official of the City
of Clermont, whereby I was refused permission to:
Repair ( ), Add to ( x), Alter ( ), Construct ( ), Move and Place ( ), a (Wj)M building
on lot/s 5 , Block _ ------------
Subdivision Oakview Address 777 E. Minnehaha Avenue ,Zone R 2
Section of Code section 26-22 (E) (2) SIDEYARD in the City of Clermont, Florida.
The reason given by the Building Official for the decision in refusing to issue a
building permit is:
Penetration of sideyard setback two (2) feet. West Side
Penetration of side yard setback four (4) feet East Side
My appeal to your Board is based on my contention that this decision creates a - -
hardship on me for the following reason, or reasons:
Need of carport and Florida Room.
Seven (7) copies of all necessary floor plans, plot plans, and other pertinent infor-
mation are attached hereto, on paper size 8i' 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, constructior
of the structure must be completed within one year from date of grant.
Date: June 20, 1977
Very truly yours,
Receipt #16575
5/17/77
PLEASE PRINT OR TYPE
1
TO Th, DING BOARD OF ADJUST14C•NT
OF THE CITY OF CLERMONT, FLORIDA
APPLICANT
NAME: ROOERT THOMPSON
ADDRESS: 787 NORTH WATERVIEW DRIVE
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 (xx), Move and Place ( ), a (sign) building
on lot/s 10 -, Block 2
Subdivision Mlnnehaha Estates Address 787 N. Watervlew Drive ,Zone R 1
Section of Code 26-21 (E) (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:
Six and one-half (61) foot penetration into required side yard.
My appeal to your Board is based on my contention that this decision creates a
hardship on me for the following reason, or reasons:
Property prior to annexation to City of Clermont, required nine (9) foot
side yards and only ten (10) foot rear yards. Therefore, rear yards are
limited for space to locate utility building.
Seven (7) copies of all necessary floor plans, plot plans, and other pertinent infor-
mation are attached hereto, on paper size 81s" 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: June 13, 1977
Very truly yours,
L
5/17/77
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APPLICANT
APPLICATION
CONDITIONAL USE PERMIT
(SECTION 26-87 CODE OF ORDINANCES)
DATE: May 20, 1977 1
Name: state Farm Insurance Company
Address: 635 highway 50
Clermont, Florida 32711
Telephone:
Description of Property: Lots 3 and h; Block 72; City Blocks
Existing Zoning: C 1 (Previous living quarters and office)
General Description of Request: (Attach additional sheets if necessary)
To provide secondary living quarters in conjunction with Insurance
Company business for security of office quarters.
Filing Instructions:
The application shall be filed in the office of the City Clerk on or before-5:00 P.M. - —
on the second Friday of the month, shall .be duly advertised for Public Hearing and
scheduled for hearing at the Planning and Zoning Commission meeting on the first
Tuesday of the following month unless such date falls on a holiday. The recommendations
of the Planning and Zoning Commission will be forwarded to the City Council for their
consideration on the fourth Tuesday of the month. Hearings may be postponed from time
to time if found necessary; provided; however, that unless a specific time and date for
rehearing is scheduled at the public hearings involved, the time and date of the rehearing
shall be re -advertised.
PLANNED UNIT DEVELOPMENT - If Conditional Use Permit Application is for a Planned Unit
Development (PUD), 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.
FEES: (1) For home occupational - $25.00
(2) For all other conditional use permits, including planned unit developments
$50.00 per acre or any part thereof, mazimum $500.000.
Signature of Applicant
CUP/1111
PROPERTY ADJACENT AND ABUTTING TO
LOTS 3, 4, BLOCK 72, CITY BLOCKS
Dixie Oil & Gas Company Lots 1, 2, Block 72
P. 0. Box 1257
Leesburg, Florida 32748
A. R. & Donnie Sewell Lots 5, 6, 7, 16, Block 72
126 E. Beach Street
Groveland, Florida 32736
Charles Dix E 100' of Lots 18, 19, Block 72
604 Chestnut
Clermont, Florida 32711
al I Wnnl OoW Plnm • Clermont, Plorldn 32711 is Phone: (004) 9U4•3141
May 24, 1077
Mr. Charles Dix
604 Chestnut Street
Clermont, Florida 32711
In re: Request for
Conditional Use Permit
Doar Mr. Dix:
As an abutting property owner of Lots 3 fr A in City
Block 72, City of Clermont, Florida, you are hereby
notified that the Clermont Planning and Zoning Commission,
meeting in Public Hearing, shall consider a request by
Thomas F. McCoy, dba State Farm Insurance Company, to
utilize the existing building located on the above des-
cribed property for secondary living quarters in conjunction
with an Insurance Business.
Tile meeting shall be held in the City Council Chambers
located an the corner of West Avenue and DeSoto Streets
on Tuesday, June 7, 1977 at 7:30 P.M.
All interested persons will be given an opportunity to
express their views on the matter.
Sincerely,
Dolores W. Carroll
City Clerk
FLORIDA'S FINEST INLAND RESORT -RESIDENTIAL COMMUNITY
��i(ri rl/ ���rvnlolrl
A 1 Wuut Gato Phun ■ Clarmont, Florida 02711 • Phone: (004) 304.3141
May 24, 1977
A.R. $ Donnie Sewell
126 Last Roach Street
Groveland, Florida 32736
In re: Request for
Gentlemen: Conditional Ilse Permit
As abutting property owners of Lots 3 P, 4 in City
Block 72, City of Clermont, Florida, you arc hereby
notified that the Clermont Planning and Zoning Commission,
mooting in Public Ilearing, shall consider a request by
Thomas F. McCoy, dba State Farm Insurance Company, to
utilize the existing building located on the above dos-
cribed property for secondary living quarters in conjunction
with an Insurance Business.
The meeting shall be held in the City Council Chambers
located on the corner of west Avenue and Desoto Streets
on Tuesday, June 7, 1977 at 7:30 P.M.
All interested persons will be given an opportunity to
express their views on the matter.
Si erely,
Dolores W. Carroll
City Clerk
FLORIDA'S FINEST INLAND RESORT -RESIDENTIAL COMMUNITY
1:
Oily of
of I Woot auto Plan ■ Clermont, Florida 32111 ■ Phono: (f)04) 994.3141
May 24, 1977
Dixie Oil & Gas Company
P. 0. Box 1257
Leesburg, Florida 32748
In re: Raqucst for
Conditional Use Permit
Gentlemen:
As abutting property owners of Lots 3 Pr 4 in City
Block 72, City of Clermont, Florida, you are hereby
notified that the Clermont Planning and Zoning Commission,
meeting in Public Hearing, shall consider a request by
Thomas F. McCoy, dba State Farm Insurance Company, to
utilize the existing building located on the above des-
cribed property for secondary living quarters in conjunction
with an Insurance Business.
The meeting shall be held in the City Council Chambers =.
located on the corner of West Avenue and DeSoto Streets
on Tuesday, June 7, 1977 at 7:30 P.M. All interested persons will be given an opportunity to dy
express their views on the matter.
Si erely,
Dolores W. Carroll
City Clerk
FLORIDA'S FINEST INLAND RESORT -RESIDENTIAL COMMUNITY
lI0'1'DH .\ND IIJADDtD)
wTraIIH [vn At LAW
I WCOT(IAi I, I.Lw1A anIVC
II I.191<DI/IVTr YI.I)IIIIIA IIUTII
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1[0 xwx0 ,. Ywix aJn
June 21, 1977
Ilon. Claude Smoak, Jr.
Mayor
City of Clermont
1 Westgate Plaza Drive
Clermont, Florida 32711
Dear Mayor Smoak:
Pursuant to your request, I have investigated the pertinent facts and
researched the applicable law regarding Mr. Bronson Robinson's violations
of City ordinances.
According to building department records, Mr. Robinson applied for a permit
to erect a portable sign and to erect an additional structure on the premises. `
The sign permit was granted. The request for permit to erect an additional
structure on the premises was denied. The basis for the denial was that
the building was being used for a non -conforming use and Section 26-10 of the
Code of Ordinances prohibits expansion or enlargement of the building.
Apparently Mr. Robinson then advised the City that he was going to construct
a small, portable display counter and move it around the premises. The Code
of Ordinances does not allow this type of structure. It appears to have been
the practice of the City to allow small portable tables and the like at the
discretion of the Building Inspector. In Mr. Robinson's case, he was notified
at several stages of the construction of his structure that the structure was
in violation.
In my opinion, the structure as it exists today, is in violation. A small
table, or portable counter that could be taken inside the building may be
permitted at the discretion of the Building Inspector.
Very truly yours,
LEONARD H. BAIRD, JR.
City Attorney
LIB3 : pw
APPENDIX "A"
1. Promises in located in a C-1 zoning district.
2. Use requested by applicant is not allowed in C-1 zoning
district, but was allowed :in thin instance because the
building was an existing building and the uses In the next
lower zoning classification are allowed in existing
buildings under the non -conforming use provisions. Section
26-10.