02-04-2003 Regular Meeting• CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
February 4, 2003
The meeting of the Planning & Zoning Commission was called to order Tuesday,
February 4, 2003, at 7:00 p.m. by Chairman Richard Tegen. Members present were,
Maggie Miller, John Carlson, Dave Lange, and David Pape. Ronaldo Camargo, Sy
Holzman and John Atwater were absent. Also in attendance were Barry Brown, Director
of Planning, Robert Guthrie, City Attorney and Jane McAllister, Planning Technician II.
MINUTES of the Planning and Zoning Commission meeting held January 7, 2003 were
approved as written.
Chairman Richard Tegen asked if there were any reports from the Planning Director or
members of the Commission.
Planning Director Barry Brown reported that the meeting between the Clermont City
Council and the Lake County Commissioners for joint planning was a success. They
have formulated plans to create a hybrid Land Development Regulations Manual that
would be used by both the City and the County in the. Joint Planning Agreement area.
• Chairman Tegen said that he attended the joint planning meeting and that it exceeded
his expectations. He said he believes that all parties involved will work diligently to
develop a plan.
Commissioner Maggie Miller noted that the lights on the McDonald's at Highway 50 and
Hancock Road are extremely bright and that if the light covers were tilted it would
correct the situation.
Barry Brown assured Commissioner Miller that he would follow up on her observation.
Since the two agenda items were related to the same property, Planning Director Barry
Brown presented the two agenda items together prior to discussion.
1. REQUEST FOR SMALL SCALE COMPREHENSIVE PLAN AMENDMENT
APPLICANT: Jerry and Stephanie Butler
OWNER: John C. and Emily E. Thompson
REQUEST: For a Small Scale Comprehensive Plan Amendment to change the Future
Land Use District of the subject property from Non-Established District -6 (NED-6) to
• Established Business District -1 (EBD-1) and to change the land use classification from
Residential to Central Business District.
LOCATION: 854 West Avenue. Northwest corner of West Ave. and Juniata St.
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LEGAL DESCRIPTION: Clermont, East 100 ft. of Lots 4, 5, and 6, Block 97.
EXISTING LAND USE: Residential. To the east and across West Ave. is the Garden
Club; to the south is the South Lake Foundation property; and to the west and north is
residential.
FUTURE LAND USE DISTRICT: Non-Established District -6 (NED-6)/ Personal service
is not an allowable use in this district.
FUTURE LAND USE CLASSIFICATION: Residential. Personal service is not an
allowable use in this classification.
EXISTING ZONING: R-3, Residential/Professional District. Personal service is a
conditional use in the R-3 zoning district.
Planning Director Barry Brown introduced this request by saying that the applicant is
proposing to convert the bottom floor of an existing residence into an office for an
• electrolysis business. Electrolysis is considered a personal service according to our
code. Personal services are not allowed in the NED-6 land use district or in the
Residential land use classification. However, this use is allowed in the EBD-1 district
(Central Business District) which is east and south of the subject property. The property
has R-3 zoning which allows for personal services with a conditional use permit.
This request is a logical extension of the Central Business District. Staff supports the
proposed use and therefore the requested land use change.
2. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Jerry and Stephanie Butler
OWNER: John C. and Emily E. Thompson
REQUEST: To amend an existing Conditional Use Permit to allow for personal services
in the R-3 zoning district.
LOCATION: 854 West Ave. Northwest corner of West Ave. and Juniata St.
EXISTING LAND USE: Residential. To the east and across West Ave. is the Garden
• Club; to the south is the South Lake Foundation property; and to the west and north is
residential.
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FUTURE LAND USE DISTRICT: Non-Established District-6 (NED-6). Personal service
is not an allowable use in this district.
FUTURE LAND USE CLASSIFICATION: Residential. Personal service is not an
allowable use in this classification.
EXISTING ZONING: R-3, Residential/Professional District/ Personal service is a
conditional use in the R-3 zoning district.
Planning Director Barry Brown introduced this request by saying that the applicant, is
proposing to convert the bottom floor of an existing residence into an office for an
electrolysis business. Electrolysis is considered a personal service according to our
code. A personal service is a conditional use in the R-3 zoning district.
Richard Tegen suggested that since both items are about the same property they could
be discussed together and than voted on separately.
• Barry Brown explained that the electrolysis business would occupy the 500 square feet
on the bottom floor and that the applicants intend to live above the business.
Barry Brown advised those present that there is a driveway that comes off of West
Avenue and continues down through the applicant's property to Juniata Street. He said
the applicant proposes to remove most of that driveway to provide required parking for
the business. That would leave access from West Avenue to the Washuta property to
the north, and to the residential portion of the subject property, through a 25 foot
easement.
Jerry Butler, 1328 Bowman Street, Clermont, FL., was sworn in and said that the
Washuta's also have access to Juniata Street through property that they own. Mr.
Butler said he doesn't know why the easement on the north end of the subject property
was granted in the first place, and that the Washuta's have not cooperated with him in
his effort to use the subject property as requested.
Joe Washuta, 966 W. Juniata Street, Clermont, FL and Susan Washuta, 830 West
Avenue, Clermont, FL., were both sworn in.
Mr. Washuta said there is indeed an easement and that his sister, who owns the
property to the north of the subject property, is entitled to use that as access to her
property. Mr. Washuta said there is a problem now with traffic and that the changes
• suggested by Mr. Butler are going to make the situation worse.
Paula Jolly, 963 W. Juniata Street, Clermont, FL was sworn in and said she does not
want any more traffic in the neighborhood. She said it is a residential neighborhood and
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PLANNING AND ZONING COMMISSION
February 4, 2003
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should not be subjected to any more businesses.
Linda Shillibeer, 966 W. Juniata Street, Clermont, FL was sworn in and said she doesn't
want to see any more traffic in the neighborhood either. She said there are children
who play in the area and more traffic will create a hazard to them.
Charles and Charlene Forth, 939 W. Desoto St., Clermont, FL were both sworn in.
Charles Forth gave a history of how the easement in question came to be and stated
that it must be honored. He also said he does not want to see any more businesses
come into this residential area and cited traffic problems as one of his reasons.
Charlene Forth reiterated Charles Forths reasons for not wanting the Commission to
grant this request.
Sharon Martin, 1198 W Magnolia Street, Clermont, FL 34711 was sworn in and said
that her clients, Mr. & Mrs. Butler, are not asking for a zoning change. The proposed
• business is allowed in the R-3 zoning and the applicants did not ask to be rezoned to
the CBD. What they are asking for is a Land Use Change.
Ms. Martin added that the matter of the easement and driveway is a legal issue and
should be settled between the parties. She asked that the Commission vote on the
matter at hand and not the legal issues.
Joe Washuta asked that the matter be postponed until the legal issues are resolved.
City Attorney Robert Guthrie advised the Commission that private legal issues do not
prevent them from voting on the issues before them.
Richard Tegen asked Mr. Butler what amount of traffic the business would generate.
Stephanie Butler, 1328 Bowman Street, Clermont, FL was sworn in and explained that
electrolysis is a personal service and is a one on one private situation. She said her
appointments are made so that clients don't meet each other coming and going.
David Pape asked what the peak traffic might be.
Stephanie Butler replied that a total of five (5) clients is a busy day.
• Richard Tegen asked if there was anyone else in the audience who would like to
address this request. There was no one.
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There was further discussion about the best place to situate the driveways and where
the parking might possibly be moved to.
David Lange asked why Staff would allow an infringement into a Residential area.
Barry Brown explained that professional office was an appropriate use along West Ave.
John Carlson said the property should not change to Central Business District.
David Pape stated that if it was a commercial business it would be one thing, but he
pointed out that these people are going to live there too.
Barry Brown said the reason for the land use change is that the land use that applies
now does not allow for a personal service business although the zoning does.
Richard Tegen said this is not a business that will generate a lot of traffic.
• In the matter of the Small Scale Comprehensive Plan Amendment request;
David Lange made a motion to deny the request. Maggie Miller seconded the motion.
The vote was 3-2 for denying the request with David Pape and Richard Tegen casting
the nay votes.
In the matter of the Conditional Use Permit request there was no action taken since the
Small Scale Comprehensive Plan request had been denied.
There being no further business the meeting was adjourned.
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