09-05-1989 Regular Meeting• •
SEPTEMBER 5, 1989
The regular scheduled meeting of the Planning & Zoning Commission
was called to order by Chairman John Sargent on September 5, 1989
at 7:30 p.m. Members attending James Brown, Marilyn George, Curt
DiCamillo, Cecil Smart, Adelbert Evans and Bonnie Kranz. Robert
Mitchell was excused. Also attending were James McAllister
Planning Director and Jane Warren Planning & Zoning Technician.
MINUTES of the Meeting held August 1, 1989 were approved as
emended.
NEW BUSINESS
ITEM NO. 1
REQUEST FOR CONDITIONAL USE PERMIT
OWNER: Bud Meadows
PROPERTY: Sunnyside Unit, Lot 1-6, Blk 2, Clermont Heights Lot 101
So. of Hwy 50 and West 1/2 of Lots 94, 95 and 96.
LOCATION: 1210 Bowman Street
ZONING: C-2 General Commercial
REQUEST: To amend Conditional Use Permit granted as Resolution
No. 549 to extend the expiration date from October 16,
1989 to October 16, 1993.
Mr. McAllister pointed out that Condition No. 9 of the original
Conditional Use Permit Resolution No. 549 states that this
Conditional Use Permit will expire two (2) years after the
Certificate of Occupancy is issued (October 16, 1989). That
condition was placed on the Conditional Use Permit because of the
fear that the location of the church in the shopping center would
restrict certain commercial uses of the shopping center, such as
restaurants wishing to serve beer ar wine.
Mr. McAllister suggested that the Conditional Use Permit be
extended for one additional year only.
Mr. Bud Meadows, owner of the shopping center, was present and
stated the reason for the request of a four (4) year extension was
the anticipation that the church would build their own building
within three (3) years, and the additional year would allow for any
unforseen delays.
Mr. Meadows stated 1.)The church was an excellent tenant, 2.) The
site had more than ample parking, 3.) The interior of the building
had been renovated to accommodate the church 4.) The church only
met twice a week, causing very little wear and tear on the
building.
Mr. Evans stated the continued occupancy of the church at the
shopping center would restrict future restaurants wishing to have
*he on-site consumption of alcoholic beverages within 500 feet of
the church. Mr. Evans suggested such restrictions were a violation
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of the otherwise permitted uses, within the district.
Mrs. George suggested that a condition be drafted addressing the
restrictions imposed by the occupancy of the church that would not
preclude the sale of alcoholic beverages for on-site consumption
in a commercial district.
Mr. McAllister informed the Commission that the Ordinance would
have to be formally amended in order to accommodate such a request.
Mr. Evans reminded the Commission that the when the request was
originally presented the Planning & Zoning Commission had requested
the City Council to address this issue and consider possibly
amending the ordinance to insure the permitted uses within a
commercial district.
Mr. Sargent requested that Mr. McAllister inform the City Council
of the very strong feelings of the Planning & Zoning Commission
regarding the restriction of the sale of alcoholic beverages within
500' of a church or school.
After a brief discussion a motion was made by Cecil Smart to
recommend to the City Council approval of this request with an
extension of one (1) year, seconded by James Brown and approved by
a 7-1 vote. Mr. Evans voting nay.
ITEM NO. 2
REQUEST FOR CONDITIONAL U8E PERMIT
OWNER: Subscriber Systems Inc.
APPLICANT: Open Door Baptist Church
LOCATION: 1295 West Highway 50
ZONING: C-2 General Commercial District
REQUEBT: To permit a church in the C-2 Commercial District.
Mr. McAllister pointed out the surrounding land uses include an
existing shopping center to the east, a vacant parcel to the west
and existing mobile homes to .the south directly across Emerald
Lakes Street.
The site plan as presented indicates 50 parking stalls, 13 of which
are existing hard-surfaced parking stalls. The applicant proposes
to apply for a variance for grass parking for 37 grass parking
stalls. City Council will address this variance request on
September 26, 1989 at the same meeting this Conditional Use Permit
request will be considered.
The parking plan as submitted presents many problems most of which
center around stormwater management. If the variance for grass
parking is denied the applicant will have to utilize parking stalls
#30 through 50, as a water retention area, this would be the only
place on the site available for such. This would require the
applicant to relocate it spaces to another part of the site. If
the variance for grass parking is approved, parking stalls 39
through 50 would be located in. an area on the site that naturally
collects stormwater on the site.
Mr. McAllister suggested that if the Commission recommended
approval of the request that an additional condition be added which
would require that the existing access to Emerald Lakes Street
remain open.
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Staff recommends approval of the church use on this parcel;
however, the applicant will be required to relocate parking stalls
39 through 50 to another location on the site acceptable to City
staff.
Mr. McAllister stated that he had received a letter from Kevin
Roberts, General Home Developers, owners of Emerald Lakes Shopping
Center in which they stated they were not opposed to the request
as long as it did not restrict future use within the shopping
center.
Mr. McAllister pointed out the existing restaurants which serves
beer and wine meets the 500 ft. restriction.
Pastor Bruce Stewart was present and stated he did not feel a
church located in a commercial district should restrict the
commercial use of surrounding property owners or tenants.
Pastor Stewart informed the Commission that the property was being
purchased through a lease/purchase contract and requested that the
Conditional Use Permit be granted for a five year period in order
to insure the requested use.
Mr. Sargent stated five years was a long time to restrict the use
of adjacent property owners and suggested that there would no
problems with future request for any necessary extensions as long
as the applicant operated within the scope of the Conditional Use
Permit.
Mr. McAllister- suggested that if the Commission recommended
approval of the request that an additional condition be added which
would require that the existing access to Emerald Lakes Street
remain open.
After a brief discussion a motion was made by Mrs. George to
recommend to the City Council approval of this request as presented
by staff, and with a five (5) year expiration date, seconded by
Mrs. Kranz.
Mr. Evans expressed his concern regarding the proposed expiration
date.
Mr. Smart stated if the church becomes the owner of the property
there would not be a need to renew the Conditional Use Permit.
Mr. McAllister stated he felt 5 years would be an unfair
restriction on the shopping center.
The motion was not moved and therefore died.
A motion was made by Mr. Evans to recommend to the City Council
approval of this request as presented by staff, with a.) expiration
date of two years after the Certificate of Occupancy is issued, b.)
access to Emerald Lakes Street shall remain open. The motion was
seconded by Mr. Smart and approved by a unanimous vote.
ITEM NO. 3
REQUEST FOR CONDITIONAL IISE PERMIT
OWNER: Margie Rowe
LOCATION: 872-874 Minneola Avenue
ZONING: C-1 General Commercial District
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REQUEST: To expand a non-conforming residential dwelling unit
Mr. McAllister pointed out that the applicant is requesting a
Conditional Use Permit to expand an existing apartment building
located immediately west of Floyd's Funeral Home and directly
across from the Clermont Post Office. The site consists of three
apartments and one detached single family structure.
The Clermont Zoning Code states that no non-conforming use of land
shall be enlarged or increased to occupy a greater area of land
unless a Conditional Use Permit is obtained.
In addition to being a non-conforming use of land (a four-plex
where only three units are permitted), the property is non-
conforming in the following areas:
1. Non-conforming lot size for multi-family.
2. Non-conforming lot width for multi-family.
3. Non-conforming side yard setback for multi-family.
4. Non-conforming unit size (Apt. B does not meet the
minimum 600 sq. ft. floor area requirement).
5. Insufficient parking area for multi-family.
The applicant desires to construct a 63 sq. ft. addition at the
rear of apartment C. The proposed addition would setback from the
west property line 7.5 ft. and would not encroach into the side
yard any further than the existing structure, which also is setback
at 7.5 ft.
Staff recommends that this request be approved subject to the
following:
1. A driveway be constructed to code, connecting the parking
areas. The parking areas will also be brought into
compliance.
2. Before a building permit is issued for the addition, all
housing units will be brought into compliance with all
applicable codes, including but not limited to the
building, housing and fire codes. New Certificates of
Occupancy will be issued for all units.
Margie Rowe was not present.
Joe Washuta, an adjacent property owner, was present and stated he
did not feel the applicant should have to bring all aspects of
the building into compliance.
Mr. McAllister clarified that the City is requesting that the
building meet electric, plumbing and all other safety code, but did
not expect the applicant to meet the setback requirement for the
existing structure.
Mr. Evans questioned if the Commission should be considering a
Conditional Use Permit before the building is brought up to code.
Mr. McAllister pointed out the request for the Conditional Use
Permits allows staff to but certain stipulations in the Conditional
Use Permit which would insure the necessary improvements.
Mr. Sargent asked if the request were withdrawn would the applicant
be allowed to continue renting the apartments without improvements.
Mr. McAllister informed the Commission she was within her rights
to rent the apartments.
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A motion was made by Mr. Smart to recommend to the City Council
approval of the request as presented by staff, seconded by Mrs.
George and approved by a unanimous vote.
There being not further business the meeting was adjourned.
John N. Sargent, Chairman
ATTEST:
Jane Warren
Planning & Zoning Technician
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