01-02-1990 Regular MeetingCITY OF CLERMONT
MINUTES
PLANNING & ZONING COMMISSION
JANUARY 2, 1990
The regular scheduled meeting of the Planning & Zoning Commission
was called to order on Tuesday January 2, 1990 at 7:30 p.m. by
Chairman John Sargent. Members present were Jim Brown, Marilyn
George, Cecil Smart, Adelbert Evans, Robert Mitchell and Don Smith.
Members Curt Dicamillo and Bonnie Kranz were excused. Also
attending were James McAllister Planning Director and Jane Warren
Planning Technician.
MINUTES of the meeting held December 5, 1990 were approved as
emended.
NEW BUSINESS
REQUEST FOR CONDITIONAL USE PERMIT
OWNER: Richard Casselberry
APPLICANT: Same
PROPERTY: City Block 60, West 45' of lot 3.
LOCATION: 596 West Highway 50
ZONING: C-1 General Commercial District
REQUEST: To allow repair of a non -conforming residence, fire
damaged by more than fifty (50%) percent in the C-1
Commercial District.
RECOMMENDATION:
Mr. McAllister informed the Commission the applicant is requesting
a Conditional Use Permit to repair a non -conforming structure
damaged by fire in 1987.
The owner of the property at that time, Esther Brown, was granted
a Conditional Use Permit for repair of the structure. The
Conditional Use Permit expired on July 14, 1988.
Mr. McAllister pointed out that the remaining portion of the
structure is situated on a lot having dimensions of 45' by 50',
considerably short of City requirements.
Mr. McAllister advised the Commission that the original Conditional
Use Permit was granted because it was determined that the applicant
at that time, Esther Brown, had intended to live in the structure
and that by denying her request to repair her house, would be
denying her the right to live in her home. Based on this, City
Council approved the request.
Mrs. Brown sold the property to the applicant. The applicant
wishes to repair the structure and rent it.
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CITY OF CLERMONT
MINUTES
Staff felt that this would be an excellent time to require that the
property in question be brought into compliance either by requiring
the applicant to purchase the non -conforming lots to the west so
that a buildable lot can be created or to require the applicant to
purchase enough land from other parts of Block 60 to create a
buildable lot.
Staff recommend denial of the application and requested that the
applicant seek the purchase of the additional non -conforming lots
in order to create a conforming lot.
Mr. Goff and Mr. Casselberry, owners of the property, were present
and stated they had purchased additional property to the east and
were also pursuing additional purchases at this time.
Mr. Albert Fogel was present as a representative for Julian Fogel
and Renee Goodloe, adjacent property owners, and stated their
opposition to this request because a portion of the home in
question sits on their property line. Mr. Fogel stated he could
produce the necessary survey to verify his statement if necessary.
Mr. Fogel stated there was no opposition to the first Conditional
Use Permit request (when Mrs. Brown was the owner of the property),
because they felt to oppose the rebuilding of her home, would not
be the humanitarian thing to do.
Mr. Smart stated he felt any renovation would be an improvement to
the existing structure.
Mr. Fogel emphasized that he did not feel the Commission should
make a decision that would restrict the rights of adjacent property
owners.
Mr. Jim Brown stated he felt if an exception was made in this case
then a precedent would be set for other considerations in the
future.
After a brief discussion a motion was made by Don Smith to
recommend to the City Council denial of this request, seconded by
Adelbert Evans and approved by an unanimous vote.
REQUEST FOR CONDITIONAL USE PERMIT
OWNER: J. E. Holland
APPLICANT: Holland Associates, Inc.
PROPERTY: All of Tract 17 and 32 and that portion of tracts 18 and
31 in section 19, township 22 south, range 26 east,
according to the plat of Lake Highlands Company as
recorded in plat book 2, page 38, Public Records of Lake
County, Florida, lying easterly of the easterly right-
of-way line of U.S. Highway 27.
LOCATION: 32.65 acres located on Grand Highway and Pitt Street.
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CITY OF CLERMONT
MINUTES
ZONING: C-2 General Commercial District.
REQUEST: To amend Conditional Use Permit granted as Resolution
No. 576 by extending the expiration one year to
February 23, 1991.
RECOMMENDATION:
Mr. McAllister advised the Commission that the original Conditional
Use Permit was for a congregate living facility, as a three phase
Planned Unit Development.
Mr. McAllister advised the Commission that the applicant, Mr. J.
E. Holland could not be present but was requesting an extension to
a Conditional Use Permit granted under Resolution No. 576 on
February 23, 1988, because of delays in financing and engineering.
Mr. Holland has requested a two (2) year extension.
Mr. McAllister advised the Commission that he had expressed
concerns to Mr. Holland about a two (2) year extension because of
the growth taking place in the area.
Mr. McAllister recommended an extension be granted for an
additional one (1) year with all other conditions from Resolution
No. 576 to be adhered to as previously approved.
Mr. Evans stated since the project was a Planned Unit Development,
which allowed the City to have continuing control through out the
project, he was not opposed to the request.
After a brief discussion a motion was made by Mr. Smart to
recommend to the City Council, that the Conditional Use Permit be
granted for an additional one (1) year, seconded by Don Smith and
approved by an unanimous vote.
REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: City of Clermont
OWNER: Marvin Sutton
991 Chestnut Street
Clermont, Fla. 34711
Blue Goose Growers Inc.
P.O. Box 1120
Vero Beach, Fla. 32961
GENERAL DESCRIPTION
LOCATION
Blue Goose Growers Inc. and that property located directly
southeast of CBS Lumber.
Johnson Replat, Block 117 Lots 1,2, and 3 and that area
south of Lake Minneola, east of west line of Section 24-
22-25, west of West Avenue and north of the Seaboard
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CITY OF CLERMONT
MINUTES
.7
Coastline Railroad and that property bounded on the north
by same railroad, on south by Osceola Street, and the
east by West Avenue and on west by west line of Section
24-22-25
ZONING: Present: M-1 Light Industrial
Proposed: C-1 Light Commercial District
Mr. McAllister advised the Commission, because of the recent
freeze, the applicant was not able to address this project at this
time and has requested that the proposal be tabled until the
February meeting.
Mr. Sargent requested that when the proposal is brought before the
Commission in February, that staff present a clear out line of the
parcels to be addressed by the zoning change and what specifically
would not be changed.
Mr. Smart stated he would no longer be on the Commission in
February, when this request is presented, but wished to go on
record as opposing this request which he considered down zoning.
A motion was made by Don Smith to table this request.
Mr. McAllister advised the Commission that the were be a LPA
meeting on Monday February 12, 1990 at 7:30 p.m.
There being no further business, the meeting as adjourned.
John N. Sargent, y
hairman
r
ATTEST
ane Warren
Planning & Zoning Technician
4
1
PLANNING & ZONING COMMISSION
JANUARY 2j 1990
The regular scheduled meeting of the Planning & Zoning Commission
was called to order on Tuesday January 2, 1990 at 7:30 p.m. by
Chairman John Sargent. Members present were Jim Brown, Marilyn
George, Cecil Smart, Adelbert Evans, Robert Mitchell and Don Smith.
Members Curt Dicamillo and Bonnie Kranz were excused. Also
attending were James McAllister Planning Director and Jane Warren
Planning Technician.
MINUTES of the meeting held December 5, 1990 were approved as
amended.
NEW BUSINESS
REQUEST FOR CONDITIONAL USE PERMIT
OWNER: Richard Casselberry
APPLICANT: Same
PROPERTY: City Block 60, West 45' of lot 3.
LOCATION: 596 West Highway 50
ZONING: C-1 General Commercial District
REQUEST: To allow repair of a non -conforming residence, fire
damaged by more than fifty (50%) percent in the C-1
Commercial District.
RECOMMENDATION:
Mr. McAllister informed the Commission the applicant is requesting
a Conditional Use Permit to repair a non -conforming structure
damaged by fire in 1987.
The owner of the property at that time, Esther Brown, was granted
a Conditional Use Permit for repair of the structure. The
Conditional Use Permit expired on July 14, 1988.
Mr. McAllister pointed out that the remaining portion of the
structure is situated on a lot having dimensions of 45' by 501,
considerably short of City requirements.
Mr. McAllister advised the Commission that the original Conditional
Use Permit was granted because it was determined that the applicant
at that time, Esther Brown, had intended to live in the structure
and that by denying her request to repair her house, would be
denying her the right to live in her home. Based on this, City
Council approved the request.
Mrs. Brown sold the property to the applicant. The applicant
wishes to repair the structure and rent it.
Staff feels this is an excellent time to require that the property
in question be brought into compliance by either requiring the
applicant to purchase the non -conforming lots to the west so that
a buildable lot can be created, or to require the applicant to
1
purchase enough land from other parts of Block 60 to create a
buildable lot.
Staff recommends denial of this application and requests that the
applicant seek the purchase of the additional non -conforming lots
in order to create a conforming lot.
Mr. Goff and Mr. Casselberry, owners of the property, were present
and stated they had purchased additional property to the east and
were also pursuing additional purchases at this time.
Mr. Albert Fogel was present as a representative for Julian Fogel
and Renee Goodloe, adjacent property owners, and stated their
opposition to this request because a portion of the home in
question sits on their property line. Mr. Fogel stated he could
produce the necessary survey to verify his statement if necessary.
Mr. Fogel stated there was no opposition to the first Conditional
Use Permit request (when Mrs. Brown was the owner of the property),
because they felt to oppose the rebuilding of her home, would not
be the humanitarian thing to do.
Mr. Smart stated he felt any renovation would be an improvement to
the existing structure.
Mr. Fogel emphasized that he did not feel the Commission should
make a decision that would restrict the rights of adjacent property
owners.
Mr. Jim Brown stated he felt if an exception was made in this case
then a precedent would be set for other considerations in the
future.
After a brief discussion a motion was made by Don Smith to
recommend to the City Council denial of this request, seconded by
Adelbert Evans and approved by an unanimous vote.
REQUEST FOR CONDITIONAL USE PERMIT
OWNER: J. E. Holland
APPLICANT: Holland Associates, Inc.
PROPERTY: All of Tract 17 and 32 and that portion of tracts 18 and
31 in section 19, township 22 south, range 26 east,
according to the plat of Lake Highlands Company as
recorded in plat book 2, page 38, Public Records of Lake
County, Florida, lying easterly of the easterly right-
of-way line of U.S. Highway 27.
LOCATION: 32.65 acres located on Grand Highway and Pitt Street.
ZONING: C-2 General Commercial District.
REQUEST: To amend Conditional Use Permit granted as Resolution
No. 576 by extending the expiration one year to
February 23, 1991.
RECOMMENDATION:
Mr. McAllister advised the Commission that the original Conditional
Use Permit was for a congregate living facility, as a three phase
Planned Unit Development.
2
•
Mr. McAllister advised the Commission that the applicant, Mr. J.
E. Holland could not be present but was requesting an extension to
a Conditional Use Permit granted under Resolution No. 576 on
February 23, 1988, because of delays in financing and engineering.
Mr. Holland has requested a two (2) year extension.
Mr. McAllister advised the Commission that he had expressed
concerns to Mr. Holland about a two (2) year extension because of
the growth taking place in the area.
Mr. McAllister recommended an extension be granted for an
additional one (1) year with all other conditions from Resolution
No. 576 to be adhered to as previously approved.
Mr. Evans stated since the project was a Planned Unit Development,
which allowed the City to have continuing control through out the
project, he was not opposed to the request.
After a brief discussion a motion was made by Mr. Smart to
recommend to the City Council, that the Conditional Use Permit be
granted for an additional one (1) year, seconded by Don Smith and
approved by an unanimous vote.
REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: City of Clermont
OWNER: Marvin Sutton
991 Chestnut Street
Clermont, Fla. 34711
Blue Goose Growers Inc.
P.O. Box 1120
Vero Beach, Fla. 32961
GENERAL DESCRIPTION
LOCATION
Blue Goose Growers Inc. and that property located directly
southeast of CBS Lumber.
Johnson Replat, Block 117 Lots 1,2, and 3 and that area
south of Lake Minneola, east of west line of Section 24-
22-25, west of West Avenue and north of the Seaboard
Coastline Railroad and that property bounded on the north
by same railroad, on south by Osceola Street, and the
east by West Avenue and on west by west line of Section
24-22-25
ZONING: Present: M-1 Light Industrial
Proposed: C-1 Light Commercial District
Mr. McAllister advised the Commission, because of the recent
freeze, the applicant was not able to address this project at this
time and has requested that the proposal be tabled until the
February meeting.
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Mr. Sargent requested that when the proposal is brought before the
Commission in February, that staff present a clear out line of the
parcels to be addressed by the zoning change and what specifically
would not be changed.
Mr. Smart stated he would no longer be on the Commission in
February, when this request is presented, but wished to go on
record as opposing this request which he considered down zoning.
A motion was made by Don Smith to table this request.
Mr. McAllister advised the Commission that the were be a LPA
meeting on Monday February 12, 1990 at 7:30 p.m.
There being not further business, the meeting as adjourned.
ATTEST
Jane Warren
Planning & Zoning Technician
John N. Sargent, Chairman
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