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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 1 • • 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. 2 • 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 3 • 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. 4 • 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 5