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10-25-1983 Supporting Documents® CITY OR CLERMONT 0 MINUTES RL;GULAR COUNCIL MEETING October 25, 1983 A Regular. Meeting of the City Council of the City of Clermont was hold Tuesday, October 25, 1903 in t•he City Council. Chambers. The meeting was called to order. at 7:30 p.m, by Mayor. Beals with the following Council Members in attendance: Council Member Dupoe, Council Membor 1'urville, and Mayor Pro Tom Pool. Council Member Cole was absent. Other City Official❑ present wore: City Manager. Forbes, City Attorney Baird, Finance Director Saunders, and Deputy City Clerk Brandt. The Invocation was given by City Manager Forbes followed by the repeat- ing of the Pledge of Allegiance to the Flag by all present. MINUTES The Minutes of the October 11, 1983 Regular Meeting and the October 20, 1983 Workshop were approved as presented. CITY MANAGER'S REPORT DECEMBER COUNCIL MEETING It• was reported that the second Council Meeting in December occurs the day after City Hall is closed for the Holiday and at a time when many people are out of town for vacation. It was suggested that the meeting be moved up one week to December 20, 1983. After 83-183 some discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO HOLD THE SECONDED REGULAR COUNCIL MEETING IN DECEMBER ON THE 20TIi. It was reported that South Lake Memorial Hospital had requested permission to place an "Open Twenty-four [tours" sign at the bottom of its existing sign on the Community Service sign located on Highway 50. Addition of the sign would entail reposition- ing the smaller signs on the larger sign. It was the consensus of the Council to allow South Lake Memorial Hospital to alter its sign. PRINGSTEAD & ASSOCIATES, CONTRACT FOR 201 PLAN As discussed at the October 20, 1983 Workshop, Springstead and Associates have submitted additional bills in the amount of $16,618.06 for the extra work completed when the City included two additional alternative sites in the 201 Study. After some 83-184 dicussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER TURVILLE, AND UNANIMOUSLY CARRIED TO PAY THE ADDITIONAL BILLS SUBMITTED BY JOHN SPRINGSTEAD AND ASSOCIATES IN THE AMOUNT OF $16,618.06 FOR EXTRA WORK COMPLETED FOR THE CITY'S 201 STUDY. TENT MEETING REOUEST Pastor Bruce Stewart appeared before the Council to answer any questions about his request to hold an eight day tent meeting on November 13th through the 20th on property located south of Highway 50 on Grand Highway behind Sparkle Clean Car Wash. It was explained that the City's policy on Tent Meetings allows them to be held for a maximum of three days. Pastor Stewart explained that he hoped to start a new Church in Clermont and needed the extra days to introduce himself to the community. He also stated that he felt this situation was unique, and a new church might result from the meeting. 83-185 After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER TURVILLE, AND CARRIED BY A FOUR TO ONE 0 CITY OP CI PRAIONT 0 MINUTES REGULAR COUNCIL MEETING October 25, 1983 Page -2- VO'i'L '1'0 ALLOW PASTOR BRUCE W. STEWART' TO CONDUCT AN EIGHT DAY TLNT MEETING ON NOVEMBER 1.3TH THROUGH 'Pill? 19T11. MAYOR DEALSVOTED NAY. Mayor Deals stated that he was against any change in tile City's present policy and felt no exceptions should be made. Council Member Turville stated that he would like to see the City's present policy repealed and an Ordinance written that would ban any type of tent meeting within the City Limits. SOUTH LAKE ART LEAGUE It was reported that the South Lake Art League had sent a letter expressing its interest in leasing or purchasing the Old Library Building should it become available. Also, the Art League is sponsoring the second Art Festival to be held on February 25th and 26th on the grounds of the Highlander Hut following the same rules and regulations as last year. After some discussion, it was the consensus of the Council to allow the Festival to be held on February 25th and 26th, 1984, using the guidelines established in 1983. COUNCIL MEMBER DUPEE'S REPORT COOPER MEMORIAL LIBRARY Council Member Dupee reported that the old vault had been refur- bished into a Young Adult Room, and invited everyone to stop by and see it. She also invited everyone to the library's Christmas Open House on December 1st at 7:30 p.m. COUNCIL MEMBER TURVILLE'S REPORT CLERVUE DRIVE IN THEATER Council Member Turville reported that he had received complaints about the showing of "Adult Movies" at the Clervue Drive In. He stated that some action must be taken, and asked that the matter be placed on the agenda for the next meeting. He also asked City Attorney Baird to prepare legal advice for the Council as to what steps they might take against the theater if it does not stop advertising/showing the adult movies. It was pointed out that the Mayor had written the owner of the theater two letters on this matter, and no responses were received. MAYOR BEAL'S REPORT LEAGUE OF CITIES CONVENTION Mayor Beals reported that the main theme of the convention was opposition to Proposition One and that Larry Kelly of Daytona Beach had been elected President of the organization. He also thanked the Council for designating him the City's voting dele- gate to the convention. VISITORS WITH BUSINESS RESOLUTION NO 458 - CUP REQUEST FOR 980 DESOTO STREET Mayor Beals explained that Ray and Sue Mecanick were requesting a conditional use permit to operate an office for their sign shop and a professional art office in an old warehouse at 980 Desoto Street which is located in an R-3 Residential/Professional Zone. Mayor Beals asked for comments from those present in the audience, and no one spoke for or against the proposed CUP. After some 83-186 discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED ® CITY OF CLPRAIONT MINUTES RI3GULAR COUNCIL MEI'TING October 25, 1983 Page -3- JERRY MCDOWELL - LAKE COUNTY COUNCIL ON AGING Jerry McDowell, Executive Director of the Lake_ County Council On Aging, appeared before the Council to request office space at Jenkins Auditorium, should it become available. lie stated that the Kehler Park Recreation pleuhaveng where problemsthe locatingeis the building• located is small, and poop City Manager Forbes stated that signs will be placed on the building which should help in locating it. [le also stated that the Chamber of Commerce had sent a letter to the City asking to renew their lease on the office space for another year. Mayor Beals stated that there were three offices in the auditorium, and possibly one could be made available to the Council On Aging. It wasthesred thatal thees foraitsrownuld usebaskpartkofsthedleaseum keep agreement. Mr. McDowell stated that he would be willing to cooperate with the Chamber. Ann Ritch, President of the Chamber of Commerce, shewho was present in the Caudience, stated he LakeaCountywould Council Onlling to meet with the City Aging to work out a mutually satisfactory agreement for the use of Jenkins Auditorium. After some further discussion, it was the consensus of the Council to table the matter for two weeks and make a final decision on the use of Jenkins Auditorium at that time. OLD BUSINESS REVIEW OF LEASE AGREEMENT FOR JAYCEE BEACH HOUSE It was reported that thirty days ago on a trial basis, Mr. Kyle tble nal Woodard was allowed to place aIfool video games in the building. p=oblemsdoccurredfour alheowould be allowed to continue. City Manager Forbes reported that no one had complained about Mr. Woodard's operation of the building during October. Council Member Turville stated that he felt a water front park was not compatible with a game room concept. When the bids were let for use of the building, partof the specifications were the lease! agreement, video games and now the City, by 4 has allowed the Beach House to become a "game room". Mr. Turville stated that he felt the specifications should be rewritten and bids let again for operation of the building. City Manager Forbes suggested that the City should reassess the operation at the end of Mr. Woodard's first option period which ends on May 31, 1984, and meanwhile allow him to operate with the additional equipment. After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILI mn nF.NY THE EXTENSION AND GO .BACK TO THE^CONTRACFnuSr.A IT —WAS — — AN Mayor Beals stated that while Mr. Turville's comments were well taken, the City Council, in good faith, should allow operation under the amendment until the end of the first option period. ® CITY or CLrNAIONT MINUTES REGULAR COUNCIL MEETING October 25, 1.903 Page -4- 03-107 A MOTION WAS MADE BY COUNCIL MEMBER POOL, AN Council Member Dupee asked to amend the motion to read that if any problems occur, they will be addressed immediately and then withdrew the amendment due to a conflict in the wording of the lease presently in effect. THE MOTION PASSED BY A THREE TO ONE VOTE WITH COUNCIL MEMBER TURVILLE VOTING NAY. FINAL READING OF ORDINANCES 157-M & 150-M, REZONING OP WADE PROPERTY Mayor Beals read both Ordinances by title only and explained that Mr. Wade had originally requested to rezone property which fronted on Grand Highway R-3 and the property which fronted on Highway 50 C-2. He then called on Mr. Dennis Horton, Attorney for Mr. Wade, who explained an alternate plan arrived at by Mr. Wade which is a compromise between his original request and the recommendations of the Planning and Zoning Commission. Mr. Horton pointed out that the density in the R-3 Zone had been lowered to 176 units instead of 194, the R-3 property would act as a buffer zone between the proposed Commercial area and the existing Residential property on Grand Highway, and that to avoid problems with headlights shining on existing homes, the entrance and exit roads had been planned to line up with Almond and Highland Streets. Mr. Paul Paynton, Civil Engineer for Mr. Wade, then explained about the proposed Commercial area on Highway 50 and how the development would change the topography of the land, and the pro- posed lift station which would be included in the development. Mayor Beals explained that the confusing aspects of the discussion were occurring because Mr. Wade had made an original request for rezoning the property, the Planning and Zoning Commission had made its recommendations, and Mr. Wade was presenting a modified request. It was pointed out that presently the only differences between the Planning and Zoning Commission's recommendations and Mr. Wade's were that the C-2 zoning area depth was increased and he was asking that the area fronting on Grand Highway be zoned R-2 with a Planned Unit Development. Mayor Beals asked for comments from those present in the audience, and several people spoke on the proposed rezoning. Mr. Elbert Ritchie reiterated his position that the Council should accept the recommendations of the Planning and Zoning Commission. Mr. Jack Knight stated that his main concern was Commercial prop- erty being allowed to develop on Grand Highway, and he was assured that this would not happen in the present request. Mr. Paul Hobensack stated that he favored what Mr. Wade had proposed tonight. Mr. John York and Mr. Tommy York both stated that they opposed high density developments and favored single family residences. Much discussion ensued and Council Member Turville asked what area would be developed first if the request was approved. Mr. Paynton stated that logically it should be the area behind Quincy's. Mr. Turville also stated that he had problems with the requested C-2 depth due to unanswered environmental questions with the lakes on CITY OF CLRNAIONT MINUTES REGULAR COUNCIh MEETING October 25, 1983 Page -5- the property, and that the proposed buffer units would probably be tile last units developed. After much discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURV MEMBER DUVEN W1T111JXZW 11ZK SLCU,vu - 1- 1- --Mayor Beals then asked Mr. Wade if he would accept the rezoning of this property according to the Planning and Zoning Commission's recommendations. Mr. Wade stated that since this was a very important matter, he would like more time to consider the recom- mendations. After further discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE TO DENY MR WADE'S REQUESTS AND THIS MOTION DIED FOR LACK OP A SECOND. 83-188 Upon further discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER DUPES, AND UNANIMOUSLY CARRIED TO TABLE MR WADE'S REQUESTS FOR TWO WEEKS. SPRAYFIELD HAY CROP City Manager Forbes reported that work was progressing on the City's sprayfield and should be completed by the end of January 1984. He stated that the City should try to bid out and sell the hay crop which will be grown on the site. Mr. Forbes passed out sample bid forms for the management and purchase of the hay crop and asked the Council to be considering what direction they wanted to take. ELECTIONS City Manager Forbes informed the Council of the upcoming City Election on December 6, 1983, and gave each member an election checklist. There being no further business, the meeting adjourned at 9:45 p.m. J3 az CHARLES B. BEALS, MAYOR ATTEST: WA E SAUNDERS, CITY CLERK I i ® CITY OF CURAIONT MINUTES WORKSHOP MhLi'.T.CIG October. 20, 1983 A Workshop Meeting of. the City Council of t:he City of Clermont was hold on Thursday, octobor. 20, .1983 in the City Hall. Conference Room. The Meeting was called to order at 7:00 p.m. by Mayor. Deals with the following Council. Mombor.n in attendance: Mayor Pro Tom Pool, Council. Member Turv.i..11e, a:d Council Member Dupoe. Council Member Colo was on vacation and unable_ to attend. Other. City Officials present were City Engineer John Springatead and City Manager George Forbes. 201 PLAN An update of the 201 Plan was given by the City Manager and City Engineer. They explained that the plan had been accepted by the State and Federal Governments, and the City's step two plus three application had been officially certified. Presently the City is waiting for certification of its I'ONSI. When it is received, the City will receive a formal grant award. This award is expected by the end of December 1983. City Manager Forbes explained that once the award is granted, the City would immediately purchase additional land for the landspread- ing site and treatment plant expansion. Mr. Springstead explained the contract of $82,500 for the 201 Plan planning work. He also explained that the original contract covered one area, just south of the City's present landspreading site to be used with the 201 application. However, the City chose to include two additional alternative sites. Fie explained that additional bills of $16,618.06 were necessary for completion of the 201 Plan. City Manager Forbes agreed that the scope of work had increased due to the inclusion of the two additional sites. however, he felt some of the work being presented under the additional bill should have been covered in the original contract because it was required to be per- formed on the first site. After much discussion, the Council stated that they understood the situation, and would take a formal vote at the next Regular Council Meeting. REZONING REQUEST Mr. Bob Wade and Mr. Paul Paynton, a Civil Engineer retained by Mr. Wade were present at the Workshop to explain their rezoning request. The Council reviewed Mr. Wade's conceptual plans and topographic map of his property. It was explained that not as much fill as originally thought would be needed on the site, and that it was Mr. Wade's intent to have enough property 600' in depth to allow a first class develop- ment on the property. Many appropriate factors were discussed, and included: the pros and cons of having this type of development on a hillside, the width of the roads and lift stations. The Council Members discussed whether the commercial property should be developed as a PUD. However, this was opposed by Mr. Wade. Many options to insure that the property requested to be zoned commercial is developed according to the plans of Mr. Wade were also discussed. Mr. Paynton recommended that the City should possibly restrict the development in the commercial area to a minimum of two acre parcels. After much discussion, the meetin djourned at 9:00 p.m. Charles B. Beals,Mayor ATTEST: Memo to: City Council From: City Manager Subject: Tuesday's Council Meeting Date: October 6, 1963 The next Regular Council Meeting will be held Tuesday, October 11, 1983 at 7:30 p.m, in the Council Chambers. The following items are on the agenda for this meeting: VISITORS WITH BUSINESS RESOLUTION NO. 457 - TODD DITTRICH has requested a Conditional Use Permit for the build ng at 770 W. Montrose previously occupied by Jazzercise. You may recall that a CUP was issued for the same building two months ago to allow the Bartons to operate a cabinet shop. They decided not to open the shop and moved back to Colorado. Mr. Dittrich is requesting a Conditional Use Permit to manufacture cabinets and other interior refurbishings for van conversions. This is considered light manufacturing. A detailed memo is enclosed for your review. At the October 4, 1983 Planning and Zoning Commission Meeting, unani- mous approval was given this request. However, they added a condition that the Conditional Use Permit will expire one year from the date of issuance. At that time, the applicant must renew the permit or move to another site. It was also required that no more than two vehicles being remodeled could be parked outside of t:., uilding at any one time, and these two vehicles cannot be on City property. Please refer to the enclosed Resolution for a complete list of conditions. REQUEST FOR VARIANCE - TONY GRINER has requested a variance in order to construct a 14' x 24! bedroom addition to his home at 741 Osceola Street. A side yard of 7.5' is required, and the owner requests (1) a side yard of 5' on the west side of the house, and (2) a side yard of 6' on the east side of the house. A detailed site plan and memo is enclosed for your review. OLD BUSINESS WILLIAMS STEEL- REQUEST FOR EXTENSION TO COMPLETE CUP. On April 12, 1983 the City Council granted Williams Steel a Conditional Use Permit to allow expansion of their existing manufacturing facility. A copy of the resolution authorizing this CUP is enclosed for your review. Part of the requirements of the CUP was that all landscaping, parking, and drainage requirements for the site must be met within 180 days of the granting of the CUP. The 180 days will expire on October 9th, and Williams Steel is now requesting an extension to June 11, 1984 to Page -2- Tuesday's Council Meeting October 6, 1983 comply with these requirements. Council direction is requested on this matter. A letter from John Brown, Vice President of Williams Steel, is enclosed. RESOLUTION NO. 458 - CUP FOR W.G. MANAGEMENT. On June 14, 1983 the City Council granted W.G. Management permission to construct 32 units on property just north of Grandview Apartments. W.G. Management now wishes to modify their site plan since they have changed the design of their buildings. No additional units are being requested. The revised site plan is enclosed, and Resolution No. 458 which authorizes this revision could be adopted. NEW BUSINESS STREET SWEEPER. The Council has authorized $50,000 in this year's budget to f nance the purchase of a new street sweeper. Bob Smythe, our Public Works Director, has placed an ad in the "Orlando Sentinel" and contacted various sweeper manufacturers for prices on demonstra- tor model vacuum sweepers. He is also contacting cities that use various types of sweepers to investigate any problems they might have and their maintenance records. Mr. Smythe will present a formal report at Tuesday's Meeting. Sincerely, CITY OF CLERMONT�! % GEORGE D. FORBES City Manager GDF:jmb Enclosures FORM 4 MEMORANDUM OF VOTINt... .;ONFLICT i.ANT NAME — FII(ST NAME ^ MIUULE NAME AOENOY 1[unit nh DATE UN WIIICII VOTE U(:UVItIt' UU Cole, L,onLcr 081A1'—O.Ct0b X_1 1._083 ,.---_.. MAILING ALAIRE11N ENAME OF 1'¢NUON RECORDING MINUTED P.O. Box 606 _ ❑COU)ITY Julie M Brandt CITY' 'LIT CUVN7 Y NN..,, TITLE OF PEHtlUN�AE001101N6 h11NUTBtl CLcrmT on 3271.1 aka t: mumcII'ALITY Denllty— Ci t Clcrk NAME Oil A[IENI:Y C:Lty of Clermont --❑OTHER r MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION (Required by b'turida Stutu(es §112.3143 (16179) J If you have voted III your official capacity upon say 11101MUIO In which you had a personal, private, or professional Interest which Inures to your special private gain or the special private gain of any principal by whom you are retained, plume disclose the nature of your Interest below. 1. Description of the matter upon which you voted in your official capacity: Extension of time -to complete requirements of Conditional Use Permit :for Williams Steel., i 1 i 2. Description of the personal, private, or professional Interest you have in the above matter which inures to your special private gain orj the special private gain of any principal by whom you are retained: I I am employed by Williams Steel. 3. Person or principal to whom the special gain described above will Inure: a.Q Yourself b.❑ Principal by whom you are retained: (NAME) YIOis d DATE ON WHICH FORM a WAS FILED•WITH T{IE PERSON WHIC THEY EO RECORDING MINUTE9 OP'THE MEETING AT WHICH Tfl¢ VOTE OCCURRED: er Cole FILING INSTRUCTIONS '['his memorandum must be filed within fifteen (15) days following the meeting during which the voting convict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be ' filed merely to indicate the absence of a voting convict. Florida law permits but does not require you to abstain from voting when convict of interest arises; if you vote, however, the convict must be disclosed pursuant to the requirements described above. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ii 112.317 (1970). A FAILURE To MAKE ANY REQUIRED DISCLOSURE CONSTITUTF.J GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWINGI IMPEACHMENT, REMOVAL OR SUBFENSION FROM OFFICE,, OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 06.000. E FORM A - REV. 12.70 /l. 700 Anderson Street L Clermont, FL 32711 September 28, 1983 ISO Clermont City Hall Mr. George Forbes, City Manager I Westgate Plaza Clermont, FL 32711 Dear Goorget As per our phone conversation on Wednesday, August 17th, I am asking for your consideration of a Bicycle Moto Cross (BMX) on City owned property. In the August 2nd issue of the USA Today, BMX is described as gaining more momentum than ever. There are two major BMX race sanctioning organizations, the NBL (National Bicycle League) and the ABA (American Bicycle Association). Between these two organi- zations, there are some 120,000 racers nationwide. The nearest BMX Park is in Pine Hills with motes every Saturday night. Racers at this park come from as far away as Miami, Tampa, Jacksonville, and Daytona. Although I am told by Randy Olsen, NBL Florida State Commissioner, that the track does not actually make a profit, it does pay for itself. It is however, possible to make a profit as many tracks do. The Pine Hills track charges 500 a car admittance to the park, claims 20% of the gross of the concession stand, and there is a $7.00 entry fee for each contest- ant. Most of the entry fee is used for trophies and ribbons. As far as the construction of the track, according to Randy Olsen, most tracks are constructed to NBL and/or ABA specifications by volunteer laborers of service organizations (such as Kiwanis, Moose, Knights of Columbus, Scouts, etc.). A State/National race would be a big plus for the commerce of Clermont. The race would be held at least once a year. Families would travel across the state/country to attend such an event because the participants in the race would accumulate points to get to the Grand Nationals. These races go on for an entire weekend. In closing I would like to add that either the NBL or the ABA would design the track at no charge. They would also instruct you as to how to run the track, using volunteers. Usually these volunteers are parents of the boys who race (and girls). If possible, I would appreciate meeting with you in the near future to discuss this matter further. Please call me at The Rite Bike Shop at 394-3038 at your earliest convenience. Your consideration and cooperation is greatly appreciated. S' cer ly,� Martin L. Miller 1250 Seventh Street Clermont, FL 32711 October 11, 19U3 Mayor Charles Deals and Clermont City Council Clermont, Florida Dear Council Members, As you are aware I am planning to build a 7 unit townhouse on 7th Street directly adjacent to my home. In the prep- aration of the plans careful attention was given to see that all zoning ordinances were mot. I fool this was done in all respects. However, in submitting my plans to the city, it was called. to my attention that I had designated. an area to the rear of the townhouse as auxilliary parking and, that since this was to be a grassed or mulched area, approval of the city council was required. I am therefore most respectfully soliciting your approval of the site plan as presented. The reasons are as follows: 1. I am in no way requesting a variance with regard. to any city ordinance or regulation. All required hard. •surface parking and driveway areas meet or exceed zoning specifications. 2. No building or structure of any type will be con- structed. in this area. It will be delineated, and. landscaped by the use of cypress mulch or pine bark. A long-established natural buffer of trees and shrubs exists to the rear of the property making the entire back yard area very private and. not visible from adjoining properties. 3. Since it is evident that most owners of these towm- houses will be retired persons, the use of auxilliary parking in the rear prevents their having to shift cars around in order to move a second. car from their garage. This is also a safety factor as the need to back into the street is greatly reduced. It is of course obvious that parking in this area will be limited. as many widows and retired. persons have only one vehicle. From a functional, esthetic, and, safety point of view, however, it is a desirable feature. Sincerelyours, William D, Clay WILLIAMS STEEL IMOUSTRIES, IMC. r LNI;Wrrns, rA0f?1cn7*0Rs, r r'IrCTOPS • Slruclurnl Stool Plurals local.d: Clonnonl and Ocoan, FL • Plato Fa bricnlion • Bzk, Shan, & Roll Work • Citrus— Plants, Bins & Stf4Clnn)5 • Stool Erection October 4, 1983 City Council of the City of Clermont P, 0. Box 219 Clermont, Florida 32711 Dear Council Members: On ust 12, 1983, a Resolution was adopted by the City Council of the City of Clermont granting, a Conditional Use Permit to Williams Steel Industries, Inc, for the expansion of an existing manufacturing facility at the north- east corner of Highway 50 and 12th Street. After this action was taken, we employed an engineering firm to prepare plans and specifications for this improvement. This firm certified and presented substantiated data showing that the proposed retention area and swales would accommodate run-off for the northerly drainage area, in accordance with the requirements of the City of Clermont and the Pollution Control Board. These plans were subsequently approved by the Building Official of the City of Clermont. We have also planted jasmine vines along the fence on the south side of Desoto Street and on the fence on the west side of llth Street, and we have installed an irrigation system for properly maintaining the vines. We have also had a Swale dug near the north end of our prop- erty, and this has been sodded. We have also installed large white posts parallel to the sodded Swale, and these create a substantial barrier to prevent damage by internal vehicular traffic. All of our employees are now parking on property belonging to Williams Steel Industries, Inc., and none of our employees are parking on land'which lies within the right-of-way area belonging to the State of Florida. 1983 has been a disaster year for the steel industry. Most of the steel mills located within the United States are op- erating at capacities which are lower than any level of pro- duction since 1938. Manv steel fabricators have gone out of business, and a number of steel fabricators are operating under the provisions of Chapter YI of the Bankruptcy Act. @POST OFFICE BOX 159 ®922 N, LAKEWOOD CLERMONT, FLORIDA 32711 OCOEE, FLORIDA 32761 (904) 394-2155 (305) 656-7522 City Council of the City of Clermont October 4, 1983 Page Two Most steel fabricators that are still operating are employing substantially fewer employees than were working one year ago, and many plants have reduced the number of hours for production crews to levels between sixteen (16) hours per week and thirty- two (32) hours per week. 1983 has also been a disaster year for Williams Steel Industries, Inc. One year ago, we had one hundred seventy-five (175) em- ployees, and now we are employing less than one-half of that number. Earlier this year, our volume of work dropped off dramat- ically, and it became necessary for us to close our plant in Ocoee, Florida from February 25, through June 15. At the present time, we have a very small backlog of work for the Ocoee plant, and there is a strong possibility that it may become necessary to close this plant again. The volume of. work moving into our Clermont plant has also slowed down, and during., September, we discontinued our night shift, and we also reduced the number of employees working on our day shift. As our volume of work has decreased, we have been able to reduce some of our marginal costs. However, our fixed costs remain sub- stantially unchanged, and this has caused a serious drain on our supply of cash. As a result, we are now experiencing serious cash flow problems. At the present time, we do not have sufficient funds on hand to construct the parking_ lot and to complete the other items specified in the Conditional Use Permit. We have no way of ascertaining when our surplus cash will reach the point where are will be able to pay for the parking lot and the other items required. Based on our extremely small backlog of work, it appears that the earliest point at which we would be able to afford these expenditures would be eight months from now, and therefore we would like to request an extension of the time within which to comply with the require- ments of the Conditional Use Permit until June 11, 1984. Thank you for your consideration of our request for this extension of time. Respectfully submitted, WILLIAMS STEEL INDUSTRIES, INC. John D. Brown Vice -President JDB:ads a i VARIANCE REQUEST DATE: September 26, 1983 OWNER: Tony Griner APPLICANT: Same PROPERTY: West h of Lot 9, Block 79, City Blocks LOCATION: 741 Osceola Street ZONING: R-3 Residential/Professional REQUEST: Side yard variance in order to add a 14' x 24' bedroom to the home. A side yard of 7h feet is required, and the owner requests (A) a side yard of five (5) feet on the west side of the house and (B) a side yard of six (6) feet on the east side of the house. COMMENTS The residence has a lot width of only 25 feet and is already noncon- forming. While the addition does not comply with City Codes, it is closer to meeting the side yard requirements of the City Code than the existing building is. TO THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF CLERMONT, URIDA 1 APPLICANT NAME: r> \ �-r W I rdI-' ADDRESS: '711-I 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 (,K-), Alter ( ), Construct ( ), Move and Place ( ), a (sign) building on lot/s to I�� n s Block _ r7C1 Subdivision , Address 711 1 r (10 aSl . ,Zone Section of Code in the City of Clermont, Florida. The reason given by the Building Official for the decision in refusing to issue a building permit is: Ply appeal to your Board is based on my contention that this decision creates a hardship on me for the following reason, or reasons: `C r l01 I-r Ir,, J� . �,_ , c•te lc�e:. 1;-e,u1d (1likes -lo Cc Etta. r-,n ct i�r-'clrecrri ��c I�. o can Hare o_ [_r lti ld. 1 I e.. t'tr,rr� `'� Jar ycCITS `I-11F. IA^r':j1 1c,, IIl-)r boo C.1I re rr, 1- 641:jl 111� ta..rl'rIpfai `I-hNl�, hl�ich t,%l11 i�rt ��hV C�cnr. 1-1-Ir. lt•i l;:.Ci::� 1»ode .1.1'll", �alzr_. 1�c-S'crc. L"�i�r•N �.�.Ic0.�iDns Wr re P�,o-Cie bh Ihl 81t:r'S. - SeveTf (7) copies of all necessary floor plans, plot plans, and other pertinent infor- mation are attached hereto, on paper size 81g" 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: _p` . a I � 14S'3 Very truly yours, 5/ 17/77 M',3m to: Variance Applicants From: City Manager Subject: Variance StancLirds Purpose: This memo was written to assist Clermont Citizens in undorstanding the purpose of zoning variancna and the specific circumstances in which the City Council can grant variances. Men zoning was first conceived, citizens and lawyers were concerned about the difficulty of writing general rules over land use that would be appli- cable toinnum arable pieces of property. There would be cases, for example, where a general side yard requirement would be a hardship on a few lots that oaxe not consistent with tho general pattern. For this reason, the variance was included in The Zoning Ordinance as a device to alleviate unfairness in particular cases. rONDITIONS VAT MUST DE MET: The concept of a variance was never intended to he a way of relaxing zoning regulations on a wholesale fashion. In order to authorize any variance from the city's Zoning Ordinance, the City Council must find the following: 1. 'that special conditions or circumstances exist which are peculiar to your land, structure, or building which are not applicable to other properties in your zoning district. This would include topographic features, odd shaped lots, drainage requirements, etc. In other words, you must shag that the strict application of the Zoning ordinance produces a twique or unneces- sary hardship inregard to your property that is not applicable to other properrties. 2. The hardshd must not be self created. Examples of a self created ha_ rdship ooula include having to build an extra garage because you bought another car; or enlarging your hate because your mother-in- law is coming to live with you. 3. The City Council cannot grant a zoning variance to you that will grant you a special privilege which is denied to other property owners in the same zoning district. This might include permitting the erection or operation of a busi- ness that would otherwise not be permitted by the Zoning Ordinance. For example, allowing a shopping center to be built in a residen- tial zone. This would require rezoning the property because the City Council cannot by a variance change the basic zoning classi- fication. 4. In order to obtain a variance you must demonstrate that a literal interpretation of the Toning Ordinance would deprive you o r commonly enjoyed by other properties in the same zoning district, and cause an unnecessary and undue hardship for you. Page -2- Maw to: Variance Applicants Subject: Variance Standards if you owned a single lot that was platted many years ago and does not now meet the lot width requirements of the Zoning ordinance; you may have a situation where a literal interpretation of our Zoning ordinance would deprive you of the use of your lot. Rims is a right enjoyed by other ad- joining properties and would result in an undue hardship. Ikx�ever, economic disadvanta o alone does not constitute a a , ..FFLentrn warrant errant n oar anee. A person wan g a land area oarlance for a fourplex because he can't afford to buy enough property does not have sufficient grouax]s for a variance. 5. Any variance that is granted must be the minimun variance to make possible the reasonable use of your property, and be in humny with the general intent of the Zoniaxr Ordinance. CONCLUSION: If you believe that your request for a zoning variance meets the above five conditions; feel free to conplete the attached application forms. Please repanber that you must dcnonstrate to the City Council, acting as the Zoning Board of Adjustment, that your variance request meets the above conditions before your request can be granted. X IN PRIvf=.wG�� ,e& eucrsay-wtl.P ®= FOW.4D COUCR� c M OtJ U M EI-�7 � Inco p�SCGZIPTIOti(: Tt-lt' WE5`I"j. I/Z oF' LO-r c-7, SL.00K 7-7, CITE( C�� GLCRMOI� IT y?ECORPC i 11J PL-,nT ex-�K r=S .. PvG�E li , 'PL-1PLIG RECORDS o� LAKE COt.aIC.l7Y 1=l-OG2(DG.. SL1GZ�/CY FOR; TOI,-Y C�RII�JEGZ CERTIFIED CORRECT: BEN BLACKBUPN A-950C. _r�ln 0 Po. BOX 953, 1=, u I G u \.✓/.AY..50 BEN BLACKBURN P.L5. 2-I4Z CLERMONT >= LORID4 FIELD: BOOK.CL.B PAgE: 171 ZC,3z71I Pu;(9041^394 - 6188 M/DRK. ORDER NO;' na,� • -� ale/ate LEGAL NOTICE CITY OF CLERMONT Notice is hereby given that the City Council of the City of Clermont will consider a request for a Variance to the side yard requirement of the , Zoning Ordinance at the following location: 741 West Osceola Street; West � of Lot 9, Block 79 This request will be considered by the City Council on Tuesday, October 11, 1983 at 7:30 p.m. in the City Council Chambers located at 882 West Desoto St. All interested parties will be given an opportunity to express their views on this matter. Please be advised that, under State Law, if you should decide to appeal a decision made with respect to this matter, you will need a record of the proceedings, and may need to insure that a verbatim record is made. Wayne Saunders City Clerk South Lake Press - September 29, 1983 l CITY OF CLERM©NT P.O. BOX 210. CLERMONT, FLORIDA 32711 • PHONr %M/(104 4001 September 26, 1983 Tony Griner 741 Osceola Street Clermont FL 32711 Dear Mr. Griner: Your variance request will be heard before the City Council on Tuesday, October 11, 1983. This meeting will be held at 7:30 p.m. in the City Council Chambers located at the corner of West Avenue and DeSoto Street. It is strongly recommended that you attend. if you have any questions, please feel free to contact me at City Hall. Sincerely, Marilyn�ge Planning and Zoning Technician CITY OF CLERMON T P.O. BOX 210. CLERMONT, FLOMDA 32711 . PHONE 904/394.4001 September 26, 1983 Lo is Kotmair Ho 7 4% 741 Osceola Street f Shp es FL 33044 West 4 Lot 9, Block 79 �> Dear Property Owner: As an owner of property within 150 feet of the property named above, you may be interested to know that a special request has been made by the owners. They have asked for a variance to the side yard requirement of the Zoning Ordinance. Their lot is only 25 feet wide, and they wish to add a bedroom to the rear of the house, leaving side yards of less than the 7h feet required by the Ordinance. This request will be considered at a Public Hearing before the City Council on Tuesday, October li, 1983 at 7:30 p.m. in the City Council Chambers located at the corner of West Avenue and Desoto Street. You are invited to attend to express your views on this matter. By working together we can keep Clermont a pleasant community in which to live and work. Sincerely, Marilyn G. George Planning and Zoning Technician PROPERTY OWNERS WITHIN 150 PELT OF 741 OSCEOLA STREET West � of Lot 9, Block 79 BLOCK 79 Lots 3 & 5 Lots 6, 8, & 10 East h of Lot 9 Lots 11 & 13 Lots 12 & 14 Lot 15 etc. Louis Kotmair Box 7 Sugarloaf Shores FL 33044 Matthew Gambrell 6716 Fairfax Drive Chevy Chase MD 20015 Bjarne Olsen 6300 Wynglow, Lane Orlando FL 32808 Cecil Eaton 765 West Osceola Street Sara Woodruff Eagle et al 933 First Federal Building St. Petersburg FL 33701 Nick Buttitta 1169 Allendale Drive Oveido FL 32765 RE 1'^P FOR CONDITIONAL USE PER'''�T DATE: September 21, 1903 OWNER: Vincent Fechtel, Sr. APPLICANT: Todd Dittrich PROPERTY: Lots 14 6 16, Block 00, City Blocks LOCATION: 770 West Montrose Street ZONING: C-2 Central Business District REQUEST: To engage in light fabrication and construction of custom cabinets and interior refurbishing materials for vans and recreational vehicles. COMMENTS Manufacturing is a conditional use in C-2 General Commercial zones, providing such manufacturing business employs fewer than five persons and is incidental to and in conjunction with a retail business or service. r: fies two types of uses; Permitted and Con - The Zoning Ordinance classi' ditional. Permitted uses require the City to issue a building permit on the basis of an application for a permit alone, without any further review, as long as all the requirements of the City's Zoning Ordinance are met. Permitted uses are allowed throughout a zoning district. Conditional uses require special approval by the City Council after a recommendation is made by the Planning and iate Zoning commsomeission.onsondi- in tional uses are those which may be appropr within within a zoning district, but only under certain conditions. The Clermont Zoning Ordinance states that a Conditional Use Permit t may be granted only if the following conditions are met: 1. The proposed use is desirable at the particular location. 2. The use will not be detrimental to the health, safety or general welfare of persons working or residing in the vicinity. 3. The proposed use will comply with the regulations and conditions in the City Codes for such use. 4. The Conditional Use will not adversely affect the officially adopted Comprehensive Plan of the City. Page two Conditional Use Per t Dittrich in granting a Conditional Use Permit (CUP) the City may impose condi- tions deemed nocessary and desirable to protect the gone:ral welfare in accordance with the intent of the Zoning ordinance. If this CUP is granted, it is recommended that the following conditions be satisfied: 1. The property must be developed in substantial accordance with the approved site plan. Z. Parking of any vehicles to be customized must be on the applicant's property and not in the City street or parking lot. If., at a future date, parking at this site proves inadequate, the appli- cant understands and agrees that the City may require more parking or rescind this CUP. 3. No further expansion of the use or additions to this facility shall be permitted except as approved by another CUP. A. All applicable rules and regulations shall be met, including final site plan approval, landscaping, drainage, parking and sign regulations. 5. This property may be used only for retail sales and the manufac- ture and installation of custom cabinets and interior refurbishing materials. No other business shall be conducted from this facility. This CUP is not transferable to any other business use, person, or corporation. The business must not employ more than five persons, and must be complementary to and in conjunc- tion with an on -site retail business or service. 6. The final Certificate of Occupancy cannot be issued until each of the stated conditions has been met. 7. This permit shall expire if construction has not begun within one year of the date of this CUP. B. If any of the stated conditions is violated, the applicant under- stands and agrees that the City Council may revolve this CUP by resolution. Mr. George Forbos City Manager City of Clermont P.O. Box #219 Clermont, Florida 32711 September 12, 1983 References Request for Conditional Use Permit as out- lined in Filing Instructions Section 1/26-87 Code of Ordinances. # 1. Vincent Fechtel Sr. #770 Montrose St. Clermont, Florida 32711 Phone 904-787-5275 # 2. Proposed operation oft Todd Dittrich P.O. Box #635 Clermont, Florida 32711 Phone # 305-656-7969 904-394=6397 Light Fabrication and utility construction for custom cabinet and interior refurbishing. To sell such items in conjunction with the above i.e., R/V equipment and accessories. # 4. Exhisting traffic conditions are adequately suf- ficient to handle any increase in volumneim- Mr. Forbes, I trust this letter is in answer to your requests. Should you have any further questions or if I may be of any further assistance please do not hesisate to contact me. Sincerely, Todd Dittrich, president TD/jj v348 (/ - I Since J955 j i RECEIVED 5E P 28 1983 ELECTRIC COMPANY 1•N C O A 0 R A 7! D AIR CONO,TIONING AND HEATING CONTRACTORS - APPLIANCE DEALERS • ELECTRICAL CONTRACTORS •BALES AND REPAIR SE11vICE 707 MONTROSE STREET • CLERMONT, FLORIDA 02711 , PRONE 1004) 0040111 September 25, 1983 City of Clermont Planning and Zoning Commission P. 0. pox 219 Clermont, FL 32711 RE: Conditional use permit for 770 Montrose Street Lots 14 and 16, clock 80. Your letter of September 21, 1983. Dear Commissioners: As property owners of nearby property cnd business owners in downtown Clermont, we hereby respectfully cppose the use of the building at 770 Montrose Street - - - For the so-called light manufacturing facility which was requested by the owners. Such a business belongs in an industrial area and is not in keeping with the retail and services atmosphere the existing businesspeople are trying to create on ft.antrose Street. with kindest regards for all concerned, I am Sincerely yo , James H. Hanks, Vice President Note: This letter should be presented at the Planning and Zoning Commission meeting of October 4, 1983. JHH/mw .eta' CITY OF CLEIRMONT P.O. BOX 219 • CLERMONT, 6LOMDA 32711 • PHONE M394 4081 September 21, 1983 Todd Dittrich 130 West Minnehaha Avenue Clermont FL 32711 Dear Petitioner: Your request will be heard before the Planning and Zoning Commission on Tuesday? October 4, 1983 and before the City Council on October 11, 1983. Both meetings will be held at 7:30 p.m. in the City Council Chambers located at the corner of West Avenue and DeSoto Street. It is strongly recommended that you attend. If you have any questions, please feel free to contact me at City Nall. Sincerely, Marilyn G. George Planning and Zoning Technician CITY OF CLERMONT 1, q OD% 710 6 C1 ERMONT, FLORIDA 17711 a 11HONF !1 I'1PA 4081 September 21, 1983 I lO wo!;t Nunl l u:.c St l "'t ; 1'ot !. I AA 6' I t., I'ilItirk I111 Iku1r I'toperty Owner: As an owner'of property withih'1�6'feet of the property named above, uu maybe interested to know that a special request his been mAde y th,,owncrs' :!' S i "1,, 1 11bey bnve requested a Conditional Use Permit to allow the hui.idiml at this address,,to be, used fhr;l{9ht manufacturing. This request will be considered ;o,n;two scparnty occasions,; the rif,:;t before the Planning and 2onin,g Commission on Tuesday, OccW4 4;`T'483 and the second at a Public 11barin9 before the City Council on Tuesday, Cctobcr 11, 1983. .Sloth meetings ,will be held at 7:30 p.m. ip'thc City council Chambers located at, the coiner of west Avenue and C,1Soto s'tn.:ct. 1'ou are invited to atLepd to,.exgress your views on this matter. Vy working .,together ,we can keep Clermont a pleasant community il� which to live and work. :incorely, 4.arilyn G. Ceorne,,: Planning and! Zoning:,Technician:, c,'C r r: L8 a':1C.I3 3 0.1 EL30.1 c?1. iI' E1 e:dO.I ` al: 9oS @t i1. V1 a:JoS 1 PROPERTY:OWNERS WITHIN 150 FEET OF 770 WEST MONTROSE ST. BLOCK 80 Lots 8 & 10 Kirkland Enterprises, Inc. 732 West Montrose Street Lot 12 Dara, Inc. P.O. Box 400 Lots 11 - 19 City of Clermont Lots 16 & 18 Axel Olivenbaum P.O. Box 218 Clermont South Lake Art League, Inc. Lot 16 776,West,Montross. treet Lots 17 - 20 Ralph French 241 Edgewood Drive iA�`uJ,r17�,.•��.. Lot 18„r �. �l Reginald"Cook 775 West Montro8o'Street' 18 & 20 I ' Paul Roberts „ ,Lots 1169- Lakeshore .D rive Lot 20' William'H. Stone •P.O.' Drawer 520 ;'', Hugh Spaulding Lot 20 792 West Montrose'Street BLOCK 81 Lot 7 Jack Gaddy P.O. Box 6182 Orlando 32803 Lots 9 & 11 Hanks Elecrtic Company 757 West Montrose Street, Lot 13 Joe G. Washuta P.O. Box 489 Clermont Lots 13 & 15 Michael Hoskinson 769 West Montrose Street Lot 15 Maxine Egan 1164 Linden Street Lots 17 & 19 Roy Grose 915 West Montrose Street Lot 19 Otis Sickler 795 West Montrose Street LEGAL NOTICE CITY OF CLERMONT Notice is heroby given that the Planning and Zoning Commission of• the City of Clermont will consider a request for a Conditional Use Permit to allow light manufacturing in the C-2/CBD General Commer- cial/Central Business District at the following location: 770 West Montrose Street W 17' of Lot 14 6 E 23' of Lot 16, Block 80 This request will be considered by the Planning and Zoning Com- mission on Tuesday, October 4, 1983 at 7:30 p.m.'in the City Council Chambers at 882 West Desoto Street. All interested parties will be given an opportunity to express their views in this matter. - - Please be advised that, under State Law, if you decide to appeal a decision made with respect to this matter, you will need a record of the proceedings, and may need to insure that a verbatim record is made. Wayne Saunders City Clerk South Lake Press September 22, 1983 LEGAL NOTI01 CITY OF CLEMMONT Notice is hereby given that the City Council of the City of Cl':rmont will con-sPE-r n rc-3uest�or a C'on t onaT Use Permit to allow light manufacturing--�tTa C-2/CBD General Commercial Central•Busine-ss Dstrict ^ _— a� tTc-poi ow ng locat on: - -- ---^ 770 West Montrose Street W 17' of Lot 14 & E 23' of Lot 16, Block 80 This request will be considered by the City Council on Tuesday, October 1 _ , 13E3 at 7:30 p.m. in the City Council Chambers located at BEi2 tVest Desoto Street. All interested parties will be given.an opportunity to express their views on this matter. Please be advised that, under State Law, if you decide to appeal a decision made with respect to this matter, you will need a record of the proceedings, and may need to ensure that a verbatim record is made. Wayne Saunders City Clerk / South Lake Press September 29 , 1983