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04-26-1994 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 26, 1994 A regular meeting of the City Council of the City of Clermont was held Tuesday, April 26, 1994 in the Council Chambers. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members present: Council Member Turville, Council Member Cole, Council Member Ivey, and Council Member Norquist. Other City officials present were City Manager Saunders, City Attorney Baird, Planning Director Harker, Finance Director Van Zile and Deputy City Clerk Whitlock. INVOCATION The Invocation was offered by Council Member Ivey followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The minutes of the Regular Council Meeting held April 12, 1994 and Workshop Meetings held March 15, March 29, and April 5, 1994 were approved as presented. CITY MANAGER SAUNDERS' REPORT Council Workshops Council Members agreed to hold a Council Workshop on Thursday, April 28, at 7:00 p.m. at the City Hall conference room and a Public Workshop on Thursday May 5, at 7:00 p.m. at the Highlander Hut to obtain citizen input in regard to the Lake Minneola Waterfront Project. Anti-Drug Abuse Act Grant Funds for 1994-95 City Manager Saunders stated that Lake County is to receive an allocation from the Anti-Drug Abuse Act and proposes to allocate it to the DARE program and the Genesis program. The total allocated for 1994-95 is $158,544 which will be distributed 65% ($103,054) to the DARE Program and 35% ($55,490) to the Genesis Program. The County is requesting support and approval from all the cities of the allocation. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRH. 26, 1994 PAGE 2 94-056 A motion was made by Council Member Turville, seconded by Council Member Norquist, and carffed unanimously to approve the distribution by Lake Count_ of $158,544 for the 1994-95 Anti-Drug Abuse funds with 65 % to the DARE program and 35 % to the Genesis Program. Fund Raiser at Jenkins Auditorium for Marcus Heathman City Manager Saunders stated that Teresa Heathman of Montverde has been requested use of Jenkins Auditorium for a fund raising dance on May 21 from 7:00 p.m to 10:00 p.m. for Marcus Heathman who has been chosen to play for the American team in the East-West Soccer Ambassadors program in Europe this summer. 94-057 After discussion, (t motion was made by Council Member Turville, seconded by Council Member Cole, and carried unanimously to cha~e a flat rate of $80, OO for the use of Jenla'ns Auditorium on May_ 21from 5:00 p. m, to 12:00 p, m, with the normal deposit requirement. MAYOR POOL'S REPORT Long-Range Transportation Plan Hearing Mayor Pool stated he received notice from the Central Florida Transit Authority that a hearing will be held Wednesday, May 4 from 10:00 a.m. to 9:00 p.m. concerning the long-range transportation plans for Central Florida. Redevelopment for Small Cities & Urban Areas in Transition Mayor Pool stated that Planning Challenges '94 will hold a seminar on May 20 at the Radisson Plaza Hotel in Orlando from 12:30 to 5:00 p.m. regarding redevelopment for small cities and urban areas in transition. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 26, 1994 PAGE 3 Taste of South Lake Mayor Pool stated that the Chamber is hosting an event called "The Taste of South Lake" on May 10 from 5:00 p.m. to 8:00 p.m. VISITORS WITH BUSINESS Karl Oshman/Gator Fireworks Open Air Sales and Tent Permit City Manager Saunders stated that Mr. Oshman is requesting an Open Air Sales Permit and Tent permit for June 23 through July 4 for the sale of fireworks in the South Lake Plaza parking lot. The location is the same as he has occupied the last two years. Mr. Oshman stated he will operate the same business and hours as in the past. He asked if any other permits of this kind have been granted and City Manager Saunders stated his request is the only one received so far. He stated he hoped to make a donation to a Clermont environmental project. 94-058 A motion was made by Council Member Norquist, seconded by Council Member Turville. and carried unanimously to approve the Oven Air Sales Permit and Tent Permit for June 23 to July 4for Gator Fireworks, vernon Nyhuis Temporary Street Closing Mayor Pool stated that Mr. Nyhuis is requesting a temporary street Closing for a portion of West DeSoto Street and 2nd Street for the afternoon of April 30 for a community block party. A diagram was reviewed and it was noted the street was not used for through traffic. Mr. Vernon Nyhuis stated, the community block party would be a non-alcoholic barbecue and neighborhood watch organizational meeting from approximately 12 noon to dark. All residents on the street except one who was out of town approved the street closing. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRHJ 26, 1994 PAGE 4 94-059 A mo~ion was made by Council Member Ivey. seconded by_ Council Member Cole, and carried unanimously to approve the West DeSoto Street temporary_ street closine. Bud Ames/Bruce Redus Variance Request City Manager Saunders stated that the applicants are requesting a variance from the minimum front footage requirement of 75' to 59.5' and minimum square footage of 7,500' to 6,580' for the purpose of constructing a single-family residence on 6th Street south of Chestnut. Mayor Pool stated that a variance request requires a Quasi-Judicial hearing be held, and that all thk)se wishing to speak in favor of or in opposition to the request need to be sworn in. Mr. Bruce Redus, 1930 Central Florida Parkway, Orlando and Mr. Bud Ames, 11221 Windsong Court, Clermont were sworn in by City Clerk Van Zile. Mayor Pool opened the Public Heating. Mr. Redus explained that the parcel was grandfathered in as a buildable lot but lost its grandfather status when the small triangle portion to the southwest was sold to a neighbor because of a garage encroachment. Mr. Bud Ames stated the lot was listed for sale 'as a single-family lot and at the sale closing the garage encroachment was discovered so an adjustment to the property description was made. City Manager Saunders confirmed that the lot was grandfathered in as a buildable lot, however, it lost its grandfather status when the corner was adjusted. The frontage on the street has not 'changed and there are similar lots in the area. Staff recommendation is for approval of the variance requests. Mayor Pool closed the Public Heating. 94-060 A motion was made by Council Member Cole, seconded by Council Member Norquist, and carried unanimously 'by roll call vote to approve the variance requests for 59. 5 minimum front footage and 6.580 minimum square footage. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 26, 1994 PAGE 5 James Orr Variance Request City Manager Saunders stated that Mr. Orr is requesting two variances for his property located at the corner of 10th Street and Broome Street. This is a single lot 50' x 150' which is zoned M-1 (light manufacturing). Mr. Orr proposes to construct a 25' x 50' building to be utilized as a woodworking shop, but in order to fit the building on the site he is requesting a 12.5' setback from Broome Street. Our code requires a 25' setback from all right-of-ways. Mr. Orr meets the 25' setback on the 10th Street frontage, but trying to 'meet the 25' setback also on Broome Street and the required 12' setback on the north side of the property makes the lot unbuildable by leaving only a 13' area for building. Mr. Orr is also requesting a relief from our requirement for a dumpster enclosure. Mayor Pool stated that a variance request requires a Quasi-Judicial heating be held, and that all those wishing to speak in favor of or in opposition to the request need to be sworn in. Mr. James Orr, 8600 Firestone Circle, Clermont was sworn in by City Clerk Van Zile. Mayor Pool opened the Public Hearing. Mr. Orr stated that with required setbacks, a 12.5' x 50' building is .all that would be allowed which is an unusable building. The building will be used to house his woodworking tools. He stated that woodworking is a hobby and normal City garbage pickup is all that will be needed. He was concerned that if a dumpster is required, a lot of dirt in a slope would need to be moved, and a turn-around or drive-through for the truck would need to be provided. City Manager Saunders stated that under the zoning code, the variance request for the setback from Broome Street is based on the hardship that the lot would be virtually unbuildable without this relief and the lot is under single ownership. The property is bounded on the north by a single-family home located 4' from Mr. Orr's property line and bounded on the west by a single-family home which appears to meet the required setbacks. Staff recommends approval of the Broome Street setback variance request, but recommends that the dumpster requirement remain. If Mr. Orr only needs regular City garbage pickup at this time, a dumpster pad and enclosure should be built in case the property is sold. Mr. Orr asked if access through the property for dumpster service will also be required. City Manager Saunders stated that the truck could back out onto the street. Mayor Pool closed the Public Hearing. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 26, 1994 PAGE 6 94-061 A motion was made by Council Member Turville. seconded by Council Member Cole, and carried unanimously by roll call vote to approve the 12, 5' Broome Street setback variance but deny the dumpster variance. providing that a dumpster enclosure and pad be built, however. Mr. Orr may_ remain on Ci~. garbage pickup until he exceeds Ci~_ requirements. Joseph Wright Variance Request City Manager Saunders stated that Mr. Wright is requesting a variance from the zoning requirement that access to a buildable lot must be from an improved street. Mr. Wright owns lots 13 and 14 located behind CBS Builders Supply and his access to these lots is from the easement which is a dirt road running along the south of his property. This dirt road runs along a sewer easement and is a prescriptive right-of- way. The platted road right-of-way is between Mr. Wright's lots and the lake shore and is entirely within the flood plain which would prevent the road from being built to serve these lots. Mayor Pool stated that a variance request requires a Quasi-Judicial heating be held, and that all those wishing to speak in favor of or in opposition to the request need to be sworn in. Martin Wright, 969 Chestnut Street, Clermont and Pat McCaffrey, 730 Oak Drive, ClermOnt were sworn in by City Clerk Van Zile. Mayor Pool opened the Public Heating. Martin Wright stated he was appearing for his brother Joseph Wright who was requesting the variance. Pat McCaffrey stated she submitted a letter' stating the Wright's have been good neighbors and she has no objections to the Wright's building on the lots. Mayor Pool closed the Public Hearing. City Manager Saunders stated there is an existing utility easement and staff recommends approval of the request. 94-062 A motion was made by Council Member Ivey. seconded bv Council Member Turville. and carried unanimously by roll call vote to approve the access variance for Lots 13 and 14, Block 117, Johnson's Replat. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 26, 1994 PAGE 7 John Garzia, Jr. Resolution #818 Mayor Pool read Resolution #818 by title only. City Manager Saunders stated that Mr. Garzia is requesting a Conditional Use Permit for expansion of Marie's Hallmark Shop in the South Lake Plaza. The proposed expansion would be 1,800 sq. ft. The site plan indicates the expansion is to the back of the building. Mayor Pool stated that a request for a Conditional Use Permit requires a Quasi- Judicial hearing be held, and that all those wishing to speak in favor of or in opposition to the request need to be sworn in. John Garzia, 676 E. Highway 50, Clermont was sworn in by City Clerk Van Zile. Mayor Pool opened the Public Heating. John Garzia stated he previously received a Conditional Use Permit for a 6,000 sq. ft. outbuilding September 17, 1993 and since then has decided he would rather expand the existing building. He stated that the expansion project is less in scope than the previously approved outbuilding and he didn't think the conditions should be more stringent. He stated he was concerned with the following conditions: Within 36 months from the date of grant the permittee/developer shall provide landscaping along the parking and loading areas adjacent to Highland Avenue. Buffering and screening shall be provided from all abutting uses in accordance with adopted City Codes and in conformance with the approved site and landscaping plan approved by the City Site Review Committee. Trees shall be spaced at no less than fifty (50) feet intervals along all exterior parking areas, drives and public roadways. Mr. Garzia requested the language be changed to read: Within 36 months from the date of grant the permittee shall provide a buffer hedge along parking and loading areas adjacent to Highland Avenue. ge Within 36 months from the date of grant the permittee/developer shall install a sidewalk in accordance with City standards along Highland Avenue. The required sidewalk shall extend the length of the subject property. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 26, 1994 PAGE 8 Mr. Garzia requested deletion of this condition. Within 36 months fi.om the date of grant the permittee shall install a dumpster for the commercial operation. Said dumpster shall be enclosed with a masonry structure with wooden doors in accordance with plans approved by the City Site Review Committee. Mr. Garzia stated that presently his business uses City pickup and he does not want to be required to use a dumpster at this time since they don't need it. Request: The perrnittee shall install a dumpster, if required, for the commercial operation. Said dumpster shall be enclosed with a masonry structure with wooden doors in accordance with plans approved by the City Site Review Committee. 10. Within 36 months fi.om the date of grant the permittee shall provide an internal traffic connection link with the adjacent property, west of the subject site. Connection shall be at the northwest corner of the existing parking area and aligned with the driveway running in fi.om of the existing center. Mr. Garzia explained that Mr. Wolff owns the property and he and Mr. Hurtak need to approve the traffic connection link. Request: At such time as the reverse ingress/egress drive from Disston Street is extended to the western edge of the shopping center site, the permittee shall allow for provision of an internal traffic connection link with the adjacent property, west of the subject site. Connection shall be at the northwest corner of the existing parking area and aligned with the driveway running in front of the existing center. City Manager Saunders stated that the Planning and Zoning Commission approved the Conditional Use Permit with conditions as stated in Resolution #818. The intent of Condition #7 is the same as in the original Conditional Use Permit and standard language stating that landscaping must meet City Code was added. Regarding Condition #8, City Manager Saunders stated that Mr. Garzia requests this requirement for sidewalks on Highland Avenue be deleted, however, he believed that the 36 month completion time was reasonable. As to Condition//9 requiring a dumpster, he stated there are no dumpsters located in this shopping center and provisions should be made CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 26, 1994 PAGE 9 for them. Regarding Condition #10, City Manager Saunders stated that staff agrees with Mr. Garzia's proposed language. Mr. Garzia stated that he was afraid if the owner was required to meet these conditions, that he would not allow the proposed expansion which includes a new front. The shopping center owner will be paying for all the renovation/improvements and possibly a new front for the entire center. He stated that there were larger business renovation/improvement projects proposed that would need approval and the requirements would better be added to those projects. City Manager Saunders stated that it was possible that new businesses locating in the center would not be required to obtain a Conditional Use Permit. Planning Director Harker stated the original Conditional Use Permit is still in force and can be enforced through Code Enforcement. Mayor Pool closed the Public Heating. 94-063 A motion was made by Council Member Cole, seconded by Council Member Norquist, and carried unanimously by roll call vote to adopt Resolution//818 amended to include Mr. Gar~ia's proposed language for Condition//10. UNFINISHED BUSINESS Thompson/Homan Investment, Final Reading of Ordinance 264-M Mayor Pool read Ordinance 264-M by title only. City Manager Saunders stated that this is the final reading of Ordinance 264-M that would rezone Lots 5, 6, 7, and 9 of Lakeview Hts. Subdivision from R-2 Residential to R-3A Residential-Professional. The lots are located on Grand Highway in the area of Almond Street. Mayor Pool stated that a request for zoning change requires, a Quasi-Judicial hearing be held, and that all those wishing to speak in favor of or in opposition to the request need to be sworn in. Bob Thompson, 1927 Brantley Circle, Clermont and Greg Homan, 20570 Sugarloaf Mt. Road, Clermont were sworn in by City Clerk Van Zile. Mayor Pool opened the Public Heating. Mr. Greg Homan stated the rezoning will let them continue with their plan to allow professional offices in the area. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 26, 1994 PAGE 10 City Manager Saunders stated the proposed rezoning does conform with the Future Land Use Map and it is consistent with the Comprehensive Plan, however, the rezoning of Lot 9 should be considered as spot zoning since Lot 8 lying to the south and Lot 10 lying to the north are both zoned and utilized as residential. The Planning and Zoning Commission recommended approval of the request to rezone all of the lots contingent upon determination by the City Attorney that Lot 9 would not constitute spot zoning. Mr. Baird has confirmed that Lot 9 constitutes spot zoning. Therefore, the recommendation is for approval of rezoning of Lots 5, 6, & 7 but denial of Lot 9. After discussion, Mr. Homan requested that Lot No. 9 be withdrawn from the rezoning request. Mayor Pool closed the Public Heating. 94-064 A motion was made by Council Member Ivey_, seconded by Council Member Cole, and carried unanimously by roll call vote to adopt Ordinance 264-M with the deletion of Lot 9 of Lakeview Hts, Subdivision _from the legal description. AUDIENCE COMMENTS Mr. Martin Wright stated he had a problem regarding his dog and the Police Chief and Animal Control Officer have already been involved. Mr. Wright was advised to contact City Manager Saunders at his office. There being no further business or discussion, the meeting adjourned at 9:15 p.m. Attest: Robert A. Pool, Mayor gh/E. V[an Zile~y Clerk