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07-10-1979 Regular Meeting e . e e CITY OF CLERMONT MINUTES 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 e . . e CITY OF CLERMONT MINUTES 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; e . . e CITY OF CLERMONT MINUTES 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- e . . e CITY OF CLERMONT MINUTES 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. l~tA~.) it r:4#~. DOL RES W. v ARROLL - 1 ty Clerk OJ Ud~fi) CLAUDE E I SMOAK, JR , - - Mayor