06-13-1989 Zoning Board Of Adjustment
.
e
CITY OF CLERMONT
MINUTES
ZONING BOARD OF ADJUSTMENT
June 13, 1989
A meeting of the City of Clermont zoning Board of Adjustment was
held Tuesday, June 13, 1989 in the Council Chambers. The meeting
was called to order at 7:00 p.m. by Mayor Pool with the fOllowing
Council Members present to sit as the Zoning Board of Adjustment:
Mayor Pro Tern Turville, Council Member Norquist, Council Member
Dupee and Council Member Cole. Other City Officials present were
City Manager Saunders, City Attorney Baird, Planning Director
McAllister, and Deputy City Clerk Brandt.
Mayor Pool explained that Mr. Thompson and Mrs. Loamis were present
to appeal the City Engineer and Staff's recommendation regarding
the disposition of stormwater runoff on their newly constructed
road, (Division Street east of Highway 27). The Staff position is
that in order for the City to be able to accept Division Street
into its system, curb and gutter must be installed along the entire
length of the south side of Division Street and an inlet structure
constructed with water piped to the existing water retention area.
Mr. Thompson, acting as spokesperson, appeared before Council and
stated that he was under the impression that he did not have to put
curb at the top of the road because the road fell under the 1%
grade requirement and that he had placed swales on the upper
portion to handle the runoff, as allowed by city code.
Bubba Green, who constructed the road and was present in the
audience, stated that the swales were constructed on City right-
of-way and that the road falls 4" in 100' and that they (the
swales) met all City of Clermont requirements.
City Manager Saunders then stated that the backside of the berm on
the swales, was not buil t in the right-of-way. As background on this
project, Mr. Saunders went on to explain that the street is
divided by the city limits of Clermont and Minneola, with the south
half of the street being in Clermont, and the street was built
without city approval. The City never had the opportunity to
review construction plans or perform any of the required testing
of sub-bases or construction of the road. The developers ignored
two stop work orders on the project while it was under
construction.
Since that time the project has been completed, and the City Staff
has had several meetings with Mr. Thompson, Mrs. Loomis and
Florida Department of Transportation Engineer, George Merrick,
regarding the handling of stormwater on the project. In spite of
all of these meetings, the developer's engineer still has not
demonstrated the ability to construct or maintain a swale system
within the right-of-way that would handle the stormwater runoff
from the road, which resulted in the recommendation that the only
solution to handling the runoff, without the acquisition of
additional right-Of-way or without a maintenance agreement granted
by the adjacent property owner, would be to curb and gutter the
south side of the street, in order to bring the water into the
existing retention area.
-~
e'
e
CITY OF CLERMONT
MINUTES
ZONING BOARD OF ADJUSTMENT
June 13, 1989
Page -2-
Mr. Thompson stated that due to the time frame involved when
building the road, there was considerable miscommunication
concerning the project, as well as internal problems, including
finding another engineer in the middle of the project: all
resulting in a complicated mess.
Mayor Pool questioned whether a maintenance agreement could be
obtained from Mr. Adams, the adjoining property owner.
Mr. Thompson explained that he had been unable to obtain an
easement fram Mr. Adams. Consequently, the City would not be able
to maintain the swale system and therefore it might fail.
City Engineer Springstead then briefly explained the City Code
concerning swales and stated that drainage was the most important
consideration. Due to the present circumstances, he further stated
that not installing the curb and gutter would place the City in
jeopardy because problems will arise when the rest of the area is
developed. For long term effective drainage, the curb and gutter
should be installed in order to channel water into the existing
retention area.
At this point, Bob Thompson reiterated his position that he felt
he could build a swale system if he maintained the 1% grade, which
he has.
City Engineer Springstead stated that the 1% grade is only one of
the ten requirements pertaining to the use of swales.
After much discussion of the situation, it was the consensus of
Council that curb and gutter was needed to maintain effective long
term drainage on the site.
A MOTION WAS THEN MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY
COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO DENY THE REQUEST
BY MR. THOMPSON TO OVERRIDE THE STAFF'S RECOMMENDATION FOR
CONSTRUCTION OF CURB AND GUTTER.
Mr. Thompson then asked if Miami curb would be acceptable and City
Attorney Baird advised that matter could not be addressed at this
hearing.
There being no further
p.m.
discussion, ~ng ;;~7:40
:J.i(obert A. P~, Mayor
Attest:
--"'"
..
.:...-