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04-04-1989 Regular Meeting• • CITYOF CLERMONT MINUTES PLANNING AND ZONING COMMISSION APRIL 4, 1989 The regular scheduled meeting of the Planning & Zoning Commission was called to order on April 4, 1989 at 7:30 P.M. by Chairman John Sargent. Members attending were Marilyn George, Don Smith, Curt DiCamillo, Adelbert Evans, Robert Mitchell, James Brown and Cecil Smart. Member Bonnie Kranz was excused. Also attending were James McAllister Planning Director and Jane Warren Planning & Zoning Technician. MINUTES of the meeting held March 7, presented. NEW BUSINESS CONDITIONAL USE PERMIT REQUEST OWNER: Jerry Jones LOCATION: 611 West Highway 50 ZONING: C-1 Light Commercial District 1989 were approved as REQUEST: To expand an existing non-conforming use. RECOMMENDATION: Approve with conditions. Mr. McAllister informed the commission that Mr. Jones had acquired lots 18 and 19, block 72 which is the property immediately adjacent to and south of the service station. This acquisition now allows the applicant to build at zero lot line on the western portion of the service station and also creates a conforming rear yard setback. In applying this newly acquired property to the setback regulation, the applicant must include the entire property in this request. The applicant requests to park three (3) service station employees vehicles on this property. Staff met with the applicant on March 22, 1989 and recommended that the employee parking be situated on the northeast corner of the new parcel. Mr. McAllister informed the Commission that the new parcel consists of an approximately 1200 square foot structure formerly used as a single family residence. The applicant desires to utilize this building as a professional office or as a rental residential unit. The applicant will be applying to City Council for a variance to allow gravel parking in lieu of paved parking for the six spaces, required for a professional office, as well as the three employee spaces previously mentioned. Mr. McAllister recommended that this be of a temporary nature only and conditions should be placed to ensure this fact. Staff recommends approval of this request, subject to the following conditions: 1. Existing hydraulic lift located at the front of the service station will be removed within 30 days of approval of this request. • • 2. In lieu of a permanent Certificate of Occupancy, a temporary Certificate of Occupancy shall be issued for a period of one (1) year for any office use occupying the structure on lots 18 and 19. Prior to the expiration of the one-year period, the applicant shall construct the parking area to city specification, that is, either asphalt paving or concrete. At that time, a permanent Certificate of Occupancy may be applied for. 3. The existing one story structure may only be used as either a residence or as two (2) professional offices only. This building may not be enlarged or expanded to occupy a greater floor area unless an amendment to this conditional use permit is applied for and granted. 4. The proposed parking area on lots 18 and 19 will adhere to City landscaping requirements. 5. No vehicles associated with the service station, other than three (3) employee vehicles, will be parked on lots 18 and 19. 6. Nothing shall be stored or parked within the Lake Avenue right of way. 7. The entrance to the employee parking area shall be constructed to the City specifications to the property line. Mr. Brown addressed the congestion of the west side of the property and expressed concern about a possible fire hazard. Mr. Smart questioned the feasibility of moving the hydraulic lift in the time allotted. Mr. Smart also objected the restriction of which vehicles would be park on the premises. Mr. Smith stated that the applicant fulfilled the requirement of purchasing additional land in order to expand his non-conforming use and also objected to the restrictions on the parking area. Mr. Smith suggested that the conditions should allow the parking area be limited to three (3) vehicles with the specification that no repairs would be performed in the parking area. The applicant Jerry Jones was present and stated he intended to develop the property in accordance with the City's stipulations if it were at all economically possible. Mr. Jones stated he was in the process of having the project analyzed to see if the costs would be in aline with his financial scope. If this is not possible the house will be used as a rental home. Mr. Jones stated it would be more feasible for him to move the lift 30 days after completion of the project. Mr. Mitchell stated he felt the time frame of Condition No. 1 regarding the hydraulic lift should be reconsidered and suggested six (6) months as reasonable time frame. In reference to parking in the right-of-way area on Lake Avenue, Mr. Smith stated he is required to have a dumpster, and his is situated where it is most accessible for refuse service. After a brief discussion a motion was made by Robert Mitchell to recommend to the City Council approval of the request with the following changes, seconded by Marilyn George. 1. Existing hydraulic lift located at the front of the service station will be removed 180 day within of • completion of this project. 5. Parking will be allowed on lots 18 and 19. No repairs or storage of any inoperable vehicle will be allowed on these lots. Don Smith moved to amend the motion by deleting Condition No. 6, seconded by Adelbert Evans and approved by a unanimous vote. The primary vote was approved by a unanimous vote. Mr. Sargent pointed out it that it would be more preferable for zoning of property end at the rear property rather than street to street. There being no further business the meeting was adjourned. ATTEST: ~: L ~" -~' .~ J ne Warren `~ lanning & Zoning Technician