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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 Lo,4,LrL Uq!l WALL. LA4r- fT of LOT I cat, .0- LOT PUA I,,.,Zo.o' Wv- Cti%L?o"T AOT"ITI.,4 4 ma Kovsur b45' h 4zi V1. U144w" Ave V?L -rill 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 2 / � � /�iS'�6�12��11•�...; "� II 17 � �, 17 0 1 _7 5 � 7 5' 75' , WATER I/IEW 4, � ra 1 4413?`._�75' 75`' S' � 20 P e" �. � O. ♦ ? , > _5-2I_'- Y 127 - �2.33' _7 5' i CENTER LN 75 6r ' ^oYi - f 1 O W � I � ? pRoposer� OT,1,�y9�� � 14o�St c t� z� r wh`r%k v i aw 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 O tONOL [ .IOWO 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.