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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: --"'" .. .:...-