09-06-1988 Regular Meetings
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PLANNING AND ZONING COMMISSION
SEPTEMBER 6, 1988
The regular scheduled meeting of the Planning and Zoning
Commission was called to order at 8:30 p.m. by Chairman John
Sargent. Members attending were Marilyn George, Bonnie Kranz,
Rob Mitchell, Adelbert Evans, Don Smith, Curt Dicamillo and Cecil
Smart. Debbie Gaines was excused. Also attending were Wayne
Saunders City Manager, James McAllister Planning Director and
Jane Warren Planning and Zoning Technician.
MINUTES of the meeting held August 2, 1988 were
presented.
NEW BUSINESS
Mr. Sargent introduced Item No. 1.
CONDITIONAL USE PERMIT REQUEST
OWNER: Pat McCaffrey
APPLICANT: Lake-Sumter Medical Services
LOCATION: 1740 So. Highway 27
ZONING: C-2 General Commercial
approved as
REQUEST: To amend Conditional Use Permit granted as Resolution
No. 359 and amended January 13, 1987.
The applicant is requesting an amendment to Conditional Use
Permit ( Resolution No.# 359) allowing for a public
facility/ ambulance service building. Resolution No. 359
will expire September 30, 1988.
STAFF'S RECOMMENDATION:
Mr. McAllister stated the proposed request is consistent with all
applicable City regulation and would not have an adverse impact
on surrounding land uses and as such, Mr. McAllister recommended
approval of this request with a specific expiration date or a
provision for a permanent structure and the removal of the mobile
home.
Mr. Larry O'Shaunsey of Lake-Sumter Medical Services was present
and stated they would like to remain of the site because of the
ideal location which has immediate access to Highway 50 and
Highway 27. Mr. Shaunsey also stated the current location also
allows for an average 4 minute response time to the community.
Mr. Saunders gave a brief background, stating the original
Conditional Use Permit was granted as a Mobile Homes Sales
Office.
After the Mobile Home Sales went out of business, Lake-Sumter
Emergency Medical Services approached the City with a request for
a Conditional Use Permit with the understanding that they would
occupy the site on a temporary basis until they could relocate to
a permanent site.
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Mr. Saunders agreed with Mr. O'Shaunsey that the location is an
excellent for this type of service, but emphasized that the
mobile home at this location is against City Code. Mr. Saunders
expressed concerns about other businesses approaching the City
with similar request.
Mr. Smith stated he felt a year was ample time to either relocate
or build a permanent structure.
After a brief discussion a motion was made by Mr. Rob Mitchell to
grant approval of this request for 6 months at which time the
mobile home would be removed or a permanent structure be
constructed, seconded by Mr. Evans and approved by unanimous
vote.
Mr. Sargent introduced Item No. 2.
CONDITIONAL USE PERMIT
OWNER: William Lawson
APPLICANT: Progressive Plumbing
PROPERTY: W 1/2 of Lot 17, and all of lots 14, 16, 18, 19, 20 21,
and 22 in Block 111 in Sunset Park, and that part of
Block 125-A lying north of St. Rd. 50 and that part of
abandoned Broome Street lying between said Block 125-A
and said lots 14 through 22, of said Block 111.
LOCATION: 1060 West Highway 50
ZONING: M-1 Industrial District
REQUEST: To construct a 12,365 sq.ft. building with the side
yard setback of 3' where a 12' setback is required and
a rear yard setback of 5.65' where a 25' setback is
required
The applicant is requesting a Conditional Use Permit to construct
a 12,365 square foot warehouse addition with a side setback of
three (3) feet and a rear yard setback of (5) feet. The subject
property is situated immediately east of Exceletech on Highway
50. Surrounding land uses consist of Exceletech to the west, four
!4) apartment units to the north and a single family home to the
east.
Mr. McAllister stated the reason for this request is that the
Zoning Code requires a Conditional Use Permit for all
manufacturing uses over 7000 square feet of floor area. As
indicated on the plan, the applicant wishes to deviate from the
side and rear yard setback requirements claiming that the
hardship is the necessity of connecting the existing structure
to the new structure.
The area lying between 12th Street, Desoto Street, 10th Street
and Highway 50 shows the scars of years of unplanned land use.
Heavy industrial uses operate side by side with residential and
light commercial uses. The area is primarily light industrial in
character; however, attention must be given to those residential
uses that are present.
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The issue in this case is not whether the use should be allowed as
the applicant is allowed by right to construct a facility under
7000 square feet, but whether or not the setbacks and the proposed
size of the building will have an adverse impact on the
surrounding land uses.
Addressing the setback issue first, compatibility with
surrounding land uses is secondary compared to the public safety
issue. Present building codes notwithstanding, ideally, all
industrial building and hazardous storage areas should provide a
twenty (20) foot wide fire department access road in the rear of
such building. Given the existing situation in that a multi-
family complex and two single family home sit less than twenty-
five (25) feet from the applicants rear property line, safety
reasons if not any other, should warrant a recommendation of
denial for this variance request.
The request for a side setback variance from twelve (12} feet to
three (3) feet is according to the applicant necessary due in part
to the fact that the existing building is at three (3) feet and
that the proposed building design is such that it must line up
with the existing building. The City of Clermont side yard
setback for industrial uses is quite liberal at twelve (12) feet.
Most industrial uses deal with some degree of combustible and/or
hazardous materials and as such should provide for some margin of
safety with regard to neighboring land uses.
A three (3) foot side setback would leave an access corridor of
only fifteen (15) feet if the neighboring parcel was developed.
This is a highly unacceptable situation and as such, should not
be permitted.
In requesting the two setback variances, the applicant failed to
address the City's Landscape Code which calls for a five (5) foot
wide landscape buffer. If this request is approved the applicant
would be required to file for a variance from that requirement on
the east property line.
Lastly, the zoning code states that all industrial uses over 7000
square feet requires a Conditional Use Permit. The proposed
13,764 square feet of floor area in itself does not present a
problem as long as the other property development regulations are
adhered to.
Mr. McAllister recommended denial of the two variance requests
and approval of the request for an addition of 12,365 square feet
to the existing building.
Mr. William Laws
numerous problems
exisiting building
fire vehicle could
the engineers and
preliminary plan.
~n was present and stated there have been
with lining the proposed building up with the
but felt that the requirements for access for
be taken care of at a site review meeting with
emphasized that the current site plan is a
Mr. Smith suggested extending the building to the west, which
would not require a variance to the setbacks as required by the
zoning ordinance.
Mr. Evans asked what type of plastics would be stored on the
premises, expressing concern regarding toxic fumes if there were
ever a fire.
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Mr. Lawson stated PVC, copper and steel pipes, would be the only
pipes stores on the premises.
Mr. Mitchell asked staff what safeguards could be implemented to
insure future businesses would not store possible hazadarous
materials on the site.
Mr. Saunders stated this also was a concern of his since this is
an industrial district. Mr. Saunders emphasized the necessity is
meeting the currents setback requirements as a safeguard to the
surrounding residential neighborhood.
After a brief discussion a motion was made by Mr. Smith to
recommend to the City Council approval of the 12,000+ sq. ft.
warehouse and to allow a 3' setback on the east property line,
seconded by Bonnie Kranz.
Mr. Mitchell opposed the motion stating that he felt the
Commission had a moral obligation to protect the surrounding
neighborhood against possible conditions that could impose on the
safety and well being of the residents.
The motion was denied by a 5-3 vote. Members Adelbert Evans,
Curt Dicamillo, Marilyn George, Rob Mitchell and Chairman John
Sargent voting nay. Members Don Smith, Bonnie Kranz, and Cecil
Smart voting aye.
A second motion was made by Marilyn George to recommend to the
City Council approval of the requested 12,000+ warehouse with the
conditions that all setback and zoning restrictions be met,
seconded by Rob Mitchell and approved by a 7-1 vote. Member
Cecil Smart voting nay.
DISCUSSION
Mr. McAllister advised the Commission that the staff is in the
process of revieing the Zoning Ordinance in an attempt to
streamline the zoning regulations and also the clarify any gray
area which may exist.
Mr. McAllister stated requirements regarding Boathouses, Personal
Use in the R-3 District and Restaurants in the C-1 Commercial
District were a few of the areas being scrutinized.
Mr. McAllister requested any input from the members of the
Commission that they felt warranted review.
Mr. Smith emphasized the need to address the restriction
regarding the sale of alcholic beverages within 500' of a school
of church, which has been brought before the Commission several
times in the last two years.
There being no other business the meeting was adjourned.
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