Resolution No. 2022-003Rdi
CITY OF CLERMONT
, RESOLUTION NO.2022-003R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, AMENDING AND REVISING
RESOLUTION 2012-21 WHICH GRANTED A CONDITIONAL USE
PERMIT TO ALLOW FOR THE OPERATION OF A RESTAURANT IN
THE CENTRAL BUSINESS DISTRICT AT 848 WEST OSCEOLA STREET
(LILLY'S ON THE LAKE); AND, PROVIDING FOR CONFLICT,
SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS
ERROR AND EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County,
Florida at a meeting held on January 18, 2022 received testimony and evidence from the City and
from the property owner on the City's Amended Notice of Revocation of Conditional Use Permit
granted by Resolution 2012-21 issued July 24, 2012 and Certificate of Occupancy issued July 24,
2015 for Lilly's on the Lake and thereafter unanimously recommended that the City Council
revoke the subject Certificate of Occupancy and Conditional Use Permit;
WHEREAS, the City Council at a meeting held on January 24, 2022 received testimony
and evidence from the City and the property owner on the City's Amended Notice of Revocation
Certificate of Occupancy and Conditional Use Permit for Lilly's on the Lake;
WHEREAS, Section 10 of Resolution 2012-21 provides that the City Council may open
or amend or revoke the Conditional Use Permit, if any of the conditions in the Conditional Use
Permit are violated;
WHEREAS, Section 14-62 of the City Code provides that a certificate of occupancy may
be revoked if, among other things, it is determined that the occupancy and use of the building has
become detrimental to the public health, safety and welfare;
WHEREAS, Section 86-146 of the City Code, provides that a conditional use permit may
be revoked if the permittee under the conditional use, among other things, fails to comply with the
city code;
WHEREAS, at the January 24, 2022 meeting the City Council found that the property
owner and permittee had violated or allowed to be violated the City Code Sections 42-81,42-82,
42-83, 95-31, 95-34 and 95-37, Florida Fire Prevention Code sections 101:13.2 and 101:13.7.6
and Section 1, Subsection 13 and Section 2, Subsection 1 of Conditional Use Permit Resolution
2012-21 and unanimously acted to find that the terms of Resolution 2012-21 and City Code Section
86-146 have been violated.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Clermont,
Lake County, Florida that based on the findings stated above and incorporated herein:
1. Previously adopted Resolution 2012-21 is hereby amended to provide as follows:
a) Allowable use is for a restaurant operation operating under the city's land development
code.
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CITY OF CLERMONT
C RESOLUTION NO.2022-003R
b) that there shall be no outdoor activities on the premises other than the service of food
and beverages as part of the restaurant activities; all food and beverage service shall be
within the roofline of the existing building; and
c) there shall be no outdoor music played on the premises;
2. Any and all provisions of Resolution 2012-21 inconsistent herewith are repealed and no
longer applicable to the Conditional Use Permit for the premises, all other provisions of
Resolution 2021-21 and this Resolution shall remain in full force and effect.
The conditions as set forth in this Resolution shall be legally binding upon any heirs,
assigns and successors in title or interest.
4. No expansion of the use or structural additions to the facility or the premises shall be
permitted except as approved by a subsequent Conditional Use Permit. Provided, however,
that the owner may without amendment to this Conditional Use Permit may upgrade the
onsite fire alarm system as approved by the Fire Marshall to allow for expanded use of the
interior of the premises for restaurant related activities.
5. The owner of the property, its agents or assigns may not apply for a revision of the
conditional use permit granted by this Resolution or by Resolution 2012-21 for a period of
one (1) year from January 24, 2022.
6. If any of the stated conditions or any other applicable City Code are violated, the applicant
understands and agrees that the City Council may revoke or amend this Conditional Use
Permit by resolution after a public hearing.
SECTION 2: CONFLICT
All resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are
hereby repealed.
SECTION 3: SEVERABILITY
If any portion of this Resolution is declared invalid, the invalidated portion shall be severed from
the remainder of the Resolution, and the remainder of the Resolution shall continue in full force
and effect as if enacted without the invalidated portion, except in cases where such continued
validity of the remainder would clearly and without doubt contradict or frustrate the intent of the
Resolution as a whole.
SECTION 4: ADMINISTRATIVE CORRECTION
This Resolution may be re -numbered or re -lettered, and/or corrected for typographical and/or
scrivener's errors which do not affect the intent of said resolution, as authorized by the City
Manager or designee, without need of public hearing, by filing a corrected copy of same with the
City Clerk.
SECTION 5: PUBLICATION AND EFFECTIVE DATE
This Resolution shall take effect immediately.
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�:
CITY OF CLERMONT
C� RESOLUTION NO.2022-003R
DONE AND RESOLVED by the Mayor and City Council of the City of Clermont, Lake County,
Florida, this 24th day of January, 2022.
CITY OF CLERMONT
Tim Murry, MayorA
ATTEST:
Tracy Ackroyd Howe, MMC
City Clerk
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