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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. 1 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. K 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 3 • 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. 3 12 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 4