07-10-1979 Regular Meeting
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REGULAR MEETING
A Regular Meeting of the City Council of the City of Clermont was held in the
Council Chambers on Tuesday, July 10, 1979. The meeting was called to order
at 7:30 P.M. by Mayor Claude E. Smoak, Jr., with the following members present:
Councilmen Byrd, Schroedel, Cole, and Honey. Other officials present were:
City Manager Forbes, City Attorney Baird, City Clerk Carroll, Finance Director
Sanchez, Building Official Nagel, and Chief of Police Tyndal. Others present
were: Mesdames DeRamus and Rathwick; Mr. & Mrs. Newald Harper; and the Messrs.
Homan, Czech, Searles, Sargent, Hohler, Schwarz, Evans, and Colton.
Mayor Smoak extended a welcome to all visitors present, and expressed special
recognition to Master John Fluhart who was in attendance to fulfill one of
the requirements in his quest for Eagle Scout rank.
The invocation was offered by Councilman Byrd, followed by repeating of the
Pledge of Allegiance in unison by those present.
The Minutes of the Regular Meeting held June 26, 1979 were approved as written.
PUBLIC HEARINGS
Council, sitting as a Board of Adjustment, considered the following
Zoning Code variance requests:
A request by Mr. DeLace Schwarz for a variance in the side yard require-
ments from the required 10' setback to 0 lot line in order to construct
a carport, and a variance in the rear yard requirements from the
required 25' setback to 14.7' in order to extend an existing screen porch
at his residence located at 1703 Rosewood Drive, an RIA Zoning District.
Mr. Schwarz appeared before Council in support of his request and advised
that he desired to convert an existing garage into a fmaily room for
additional living area and would need the carport for protection of his
vehicles; That he desired to extend the screen porch in order to accomo-
date patio furnishings; and, That he felt the proposed additions would
add considerable aesthetic value to his property. Inquiry was made from
the Chair as to anyone else present who desired to address the matter at
which time Mr. Bob Wertz, an immediate neighbor to the north voiced
objection to the request, advising that the proposed construction would
obstruct all visibility from his Florida room except directly on the
proposed construction, and he did not feel the request substantiated an
exceptional and unique hardship on that particular property that is not
shared by the other property owners in the area. Letters of objection
to the request were submitted to Council from the following abutting
and/or adjacent property owners: Opal Bailey, David C. Hardin, Jack B.
Farrell, and the First United Methodist Church of Clermont, Inc. Council-
man Schroedel advised of an objection to the request via telephone to
him from an abutting property owner, Mr. Peter Chalmers. Inasmuch as
the majority of the property owners in the area were opposed to the
request, Council did not feel it would be prudent to take a position in
opposition to the balance of the neighborhood which is in conformity
with the Zoning Ordinance,and Councilman Schroedel thereupon moved that
the request be denied. The motion was seconded by Councilman Cole and
unanimously carried.
A Request by Mr. Clark F. Colton for a variance in the side yard require-
ments from the required 2~' setback to 0 lot line in order to relocate
a storage shed on his property located at 535 Mar Nan Mar Place. Mr.
Colton appeared before Council in support of his request, and advised
of his initial intent to relocate the shed on his property which would
be in conformity, but following an objection by his neighbor to the
west of the proposed relocation as it would obstruct his view of the
lake, and his expression that he would be agreeable to the 0 lot line
variance which would be against a vacant lot owned by him, he was
thereby requesting the variance in order to relocate the shed on the
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south side of his property which would necessitate placing it on the lot
line so as not to interfere with a sidewalk and access to his boat dock.
Following inquiry from the Chair, there was no one present who addressed
the matter. A written communication in support of the variance request
was submitted to Council by the immediate neighbors to the west, Mr. and
Mrs. W. W. Tilden. Motion was thereupon made by Councilman Schroedel,
seconded by Mayor Smoak and carried that the request be granted. In
view of similar requests having been previously granted but which had
stipulations that ample room be provided between the proposed construction
and the lot line to allow for maintenance, Councilman Byrd voted in the
negative on passage of the motion.
A request by Mr. William Hohler for a variance in the side yard require-
ments from the required 12' to 6.6' in order to construct a garage
and carport on his property located at 180 East Highland Avenue, an
R2 Zoning District. Mr. Hohler appeared before Council in support of
his request and advised that his property is corner property at the
intersection of East Highland and Drew Avenues; That the Drew Avenue
r-o-w is an unopened and unpaved street running North from East Highland
to its dead-end at the DOT retention basin, and is the only access he
has to the rear of his property for vehicular traffic; That a curb
opening exists at that location for such access; and, That an existing
garage which is a part of his residence that was constructed many years
ago is only 8'6" from the Drew Avenue r-o-w. Mr. Hohler further
advised that his rear property abuts the unopened portion of Broome
Street that runs from East Avenue to its dead-end at the DOT retention
basin. Following inquiry from the Chair, there was no one present who
addressed the matter. Council was in agreement that this was an unusual
situation wherein a literal enforcement of the ordinance would result
in an unnecessary hardship, whereupon motion was made by Councilman
Schroedel, seconded by Councilman Honey and unanimously carried that
the request be granted.
A request by Mr. Joel Samon, dba Standard Oil Company, for a variance in
the required setbacks for underground storage tanks from the required
30' setback to a 20' setback from the lot line in order to install a
diesel fuel storage tank at the Standard Oil Station located at 189 North
Highway 27. City Manager Forbes advised that the proposed location is
the only space available on the property to accomodate such storage,
and that four like previous requests had been granted to gasoline stations
in the City. Following inquiry from the Chair, there was no one present
who addressed the matter, whereupon motion was made by Councilman Honey,
seconded by Councilman Cole and unanimously carried that the request be
granted. Due to the number of requests for variances in like situations,
it was the suggestion of Mayor Smoak, and Council was in agreement, that
this particular provision in the ordinance be referred to the P&Z Com-
mission for review and recommendations.
CONDITIONAL USE PERMIT: DAY CARE CENTER
Council considered a request by Mrs. Lucille DeRamus for a Conditional
Use Permit to utilize the existing building at 769 East Montrose Street
for operation of a Day Care Center. City Manager Forbes advised it had
been the unanimous recommendation of the P&Z Commission at their meeting
held on July 5th that the request be granted subject to the following
conditions:
1. The interior of the building be painted and rehabilitated
to meet the City Building Codei
2. The exterior of the building be repainted;
3. The east and west property lines between the building
and street be landscaped with a 2' hedgei
4. The outdoor play area be enclosed with a fence at least
(4) feet high as required by the zoning ordinance;
6. Grass parking be allowed in front of the building;
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6. No Certificate of Occupancy be issued until the above
conditions are met;
7. The use not be expanded except with a Conditional Use
Permit; and,
8. All applicable regulations and ordinances are met.
Hrs. DeRamus appeared before the Council in support of her request, and
advised that she was aware of and in agreement with the conditions as
recommended. Councilmen Cole and Schroedel advised of verbal support
to the request as expressed by abutting/adjacent property owners, Mr.
Percy Coleman and Mr. Burden Burt. Following inquiry from the Chair,
there was no one else present who addressed the matter, whereupon motion
was made by Mayor Smoak, seconded by Councilman Honey and unanimously
carried that the request be granted as recommended by the P&Z Commission.
BOAT DOCK: LAKE WINONA
City Manager Forbes advised that the required repalrs had been completed
by Mr. Terry Brent on the boat dock located on public property between
Lake Shore Drive and Lake Winona; That the dock has been approved by
the Building Official and himself; and, That the Lease Agreement from
the City is now ready for execution.
OKLAWAHA BASIN BOARD
Mayor Smoak reported on his appearance before the Oklawaha Basin Board
of the St. Johns Waterways Management Area to solicit their support for
the proposed inter-agency water study at which time they had voted
favorably to contribute $2500 toward funding a project coordinator for
the coming year, and had instructed their technical staff to submit a
written proposal at their next meeting as to how best they could parti-
cipate in the inter-agency study.
GREEN SWAMP
Mayor Smoak reported on a telephone communication from the Chief Planner
of the Department of State Planning who advised the Department would be
forwarding a recommendation to Governor Graham and the Cabinet that the
areas south of Clermont be excluded from the designated area of critical
state concern.
DOWNTOWN REVITALIZATION
Councilman Byrd reported on his previous request to the City Manager to
prepare a report on what might be available in leadership and funding
to revitalize the central business district; That a very thorough and
informational report had been prepared and submitted to Council which
he urged each council member to thoroughly review; and, That he recom-
mended and thereupon moved that copies also be made available to the
Chamber of Commerce and the Downtown Merchants Association. The motion
was seconded by Mayor Smoak and unanimously carried.
BUDGET WORKSHOP SESSION
Mayor Smoak called a workshop session of Council to be held immediately
following the regular meeting of Council to be held on Tuesday, July 24,
1979 to review the proposed budget for fiscal year 79-80.
AUDIT AGREEMENT
City Manager Forbes submitted a proposal from the accounting firm of
Greenlee, Paul, Furnas, and Kurras for auditing services to be performed
for the current fiscal year ending on September 30th; That while not
included in the proposal, he had ben verbally informed that the rate
schedule would remain the same as last year except for a $2 per hour
lncrease for the services of Mr. John Greenlee. Motion was made by Council-
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man Byrd, seconded by Councilman Cole and carried unanimously that the
proposal be accepted and executed by the proper persons.
STREET RESURFACING
City Manager Forbes submitted the following priority list of streets
to be resurfaced as recommended by Public Works Director Smythe based
on poor condition, need for leveling, and last date of repair:
Chestnut Street
Linden Street
Magnolia Street
Seminole Street
10th Street
12th Street
West Avenue
10th to West Avenue
12th to 10th
12th to 11th and 10th to West Ave.
12th to West Avenue
Seminole to Minnehaha
Minnehaha to Lake Shore Drive
Chestnut to Linden
~otion was made by Mayor Smoak, seconded by Councilman Byrd and
~nanimously carried that City Manaqer Forbes be authorized to solicit
bids and expend up to but not exceeding the budgeted amount of $30,000
for street resurfacinq as per the priority list submitted. It was the
suggestion of Mayor Smoak that City Manager Forbes pursue the possibility
of coordinating the surface material purchasing in conjunction with
Lake County purchasing.
DISPOSABLE BOTTLES
Mayor Smoak requested that City Attorney Baird, in conjunction with
City Manager Forbes, prepare a preliminary ordinance to prohibit
disposable bottles within the city limits of Clermont, and in addition,
a like preliminary ordinance that could be applied on a county wide
basis, for review and consideration by Council and possible presentation
to the Lake County Commission for their consideration.
There being no further business to be brought before the Council at this
time, the meeting was adjourned by Mayor Smoak at 8:45 P.M.
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DOL RES W. v ARROLL - 1 ty Clerk
OJ Ud~fi)
CLAUDE E I SMOAK, JR , - - Mayor