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06-12-1979 Regular Meeting 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, June 12, 1979. The meeting was called to order at 7:30 P.M. by Mayor Claude E. Smoak, Jr., with the following members present: Councilmen Schroedel and Byrd. Other officials present were: City Manager Forbes, City Attorney Baird, City Clerk Carroll, and Finance Director Sanchez. Others present were: Ms. Bertha Barbour, Mrs. H. Forrest Kimball, Mr. & Mrs. W. B. Perry, Mr. & Mrs. Tony Ridge, Mr. & Mrs. Roy Tanney, and the Messrs. Czech, Apetz, Thompson, Carroll, Sargent, Kirkland, Hollinghead, Horton, and Ruyssers. 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 on May 22, 1979 were approved as written. VARIANCE REQUEST: LEWIS AND CLARA CARROLL Council, sitting as a Board of Adjustment, considered a request by Lewis and Clara Carroll for a Variance to Section 26-23 (C)(2) (R-3 RESIDENTIAL PROFESSIONAL DISTRICT- LOT WIDTH REQUIREMENTS) of the Zoning Ordinance to allow for construction of a duplex on their property described as the West 50' of Lots 1, 2, and 3, East 1/2 of Lot 7 in City Block 74 (vacant lot on south side of Juniata Street between 7th Street and Lake Avenue). Mr. John Apetz, representing the Carroll's, appeared before Council in support of the request. He advised that the property in question has a lot width of 75 feet as when it was platted many years ago, and therefore could not meet the existing code requirement of 100 feet in lot width at the building setback line for duplexes without benefit of a variance, although all other requirements of the zoning ordinance could be met. He further advised that the abutting properties on either side had been improved with single family dwellings, and of the location of two duplexes on adjacent property across the street. He still furhter opined that the area lends itself to multi-family dwellings, and is properly zoned to provide for them. Inquiry was made from the Chair as to anyone present who desired to address the matter, and there being none, motion was made by Councilmen Schroedel, seconded by Mayor Smoak and unanimously carried that the request be granted. VARIANCE REQUEST: ROBERT D. THOMPSON Council, sitting as a Board of Adjustment, considered a request by Robert D. Thompson for a Variance to Section 26-20 (C)(2) (RIA URBAN RESIDENTIAL DISTRICT - LOT WIDTH REQUIREMENTS) of the Zoning Ordinance in order to construct a residence on Lot 28, Clermont Heights Subdivision ( a vacant lot on the east side of Bowman Street between Lake Shore Drive and Minnehaha Avenue). Mr. Thompson appeared before Council in support of his request, and advised that the property could not be built upon without benefit of a variance due to the 100' lot width requirement at the building setback line, and the property in question being 75' x 192'. He further advised that all other requirements of the zoning ordinance could be met, and of the existence of other 75' frontage lots currently developed in the immediate neighborhood. Inquiry was made from the Chair as to anyone present who desired to address the matter, and there being none, motion was made by Councilman Schroedel, seconded by Councilman Byrd and unanimously carried that the request be granted. STREET CLOSING: BROOME STREET City Manager Forbes advised of a petition by Mr. Aubrey Pitman for the closing and permanently abandoning of that portion of un-opened Broome Street between East Avenue and the State's Water Retention Pond in the Oakhill Cemetery area. Mrs. H. Forrest Kimball,representing Mr. Pitman, appeared before Council to advise the request was based on a desire to enlarge their yard area, and to be able to control the property in question in order to keep it improved. She further advised that the portion from East Avenue to the cemetery area had been maintained by them and the other abutting property owner, Mr. Tanney, for several years. Inasmuch as closing this portion of Broome Street would eliminate access to 6 buildable lots abutting the street on the south should they be sold off at some future date, and inasmuch as the street could be utilized at some future date as an additional rear access entrance to the cemetery motion was made by Mayor Smoak, seconded by Councilman Byrd and unanimously carried that the request be denied. e . . e CITY OF CLERMONT MINUTES STREET CLOSING: WOODLAND AVENUE & UNNAMED STREET AROUND SHADY NOOK LAKE City Manager Forbes advised of a petition by officials of Guage, Inc., for the closing and permanently abandoning of a portion of an unnamed street that abutts the south end of Shady Nook Lake. Dennis L. Horton, Attorney, and Mr. Marc Ruyssers of Guage, Inc., appeared before Council in support of the request, and advised they desired to improve the beach area for their condominium complex which abutts the lake, and to provide unencumbered access to the lake from their property. Councilman Byrd advised of an abutting property owner who desired to address the matter but was unable to be present at this meeting, and he thereby moved that the matter be tabled until the next regular meeting to be held on June 26th. The motion was seconded by Councilman Schroedel and unanimously carried. CONDITIONAL USE PERMIT: EARL KIRKLAND City Manager Forbes advised of a request by Mr. Earl Kirkland for a Conditional Use Permit to utilize the existing buildings at 732 Montrose Street (Lots 8 and 10, City Block 80; C2 Zone) for the operation of a retail decorator supply store and custom cab ine t on June request 1. 2. and furniture construction; That the P&Z Commission, in Public Hearing held 5, 1979, had considered the matter and unanimously recommended that the be granted subject to the following conditions: No undesirable odors or loud noise shall be heard outside the building. Any such odors or noise that creates a nuisance to abutting property owners shall constitute prima facie evidence that this condition has been violated; That the loading/unloading of manufacturing materials be confined to the rear of the building; That all materials, manufacturing, retailing, and storage be held within a completely enclosed building; That all applicable regulations and ordinances be met; That the use not be expanded except with a Conditional Use Permit; and, That a Certificate of Occupancy be issued only after all Conditions are met. 3. 4. 5. 6. In addition to the conditions as recommended by the P&Z Commission, it was the recom- mendation of Mayor Smoak that the follwoing provisions be included in the CUP, and the matter be tabled until the next regular meeting for consideration: 1. Layout of the property with dimensions to show the areas that will be used for the different types of businesses; 2. Specific plan of action as far as addressing the appearance of the building; and, 3. Specific plan for landscaping the open area. Inquiry was made from the Chair as to anyone present who desired to address the matter. Mr. Jim Hanks, dba Hanks Electric Company in the same business district area, urged Council's favorable consideration of the request. A communication was read from Mr. Vincent Fechtel, also an adjacent business owner, wherein he advised of no objection to the request. Mr. Kirkland advised Council that, although he did not have specific plans in writing as to improvements of the property, they could be assured of sub- stantial improvements to be made to conform with the decor of existing businesses in the area, and to protect his investment. Councilman Byrd opined that inasmuch as the landscape ordinance does not address itself to the central business district, and inasmuch as the P&Z Commission had unanimously recommended approval of the request with certain conditions, he was in favor of granting the request without additional conditions as suggested by Mayor Smoak. Councilman Byrd thereupon moved that the P&Z Commission's recommendation be accepted and the request be granted. The motion was seconded by Councilman Schroedel and carried. GASOLINE City Manager Forbes advised of notice received from the City's gasoline distributor of possibility of running out of supply by the 18th-20th of the month, and he would be watching the situation closely in order to instigate contingency plans if it becomes necessary. e . . e CITY OF CLERMONT MINUTES SANITARY SEWERAGE TREATMENT PLANT City Manager Forbes advised of a breakdown of the gear motor that operates the clarifier at the sewage treatment plant which necessitated a by-pass of the sewage from Sunday to this date, at which time a temporary motor was installed. STATE ROAD 50 TRUCK TRAFFIC With regards concern expressed at the last meeting of speeding violations on State Road 50 by trucks, City Manager Forbes advised of a concentrated patrol of the area since that time resulting in 18 arrests having been made. He further advised that following his communication to several trucking companies in the area, representatives from several of the companies had been in the City to observe and clock the speed of their particular traffic through the City. MARSHLAND STUDY City Manager Forbes reminded Council of the noontime meeting to be held on June 26th at which time the preliminary report on the Marshland Study will be reviewed with the researchers. LAKE SHORE DRIVE RIGHT-OF-WAY STATUS City Attorney Baird reported on recelvlng the necessary information from Utilities Director Davis as to the amount of property needed for service easements, and he would now proceed with forwarding the information to owners of 12 different parcels along Lake Shore Drive to apprise them of what is needed for easement in exchange for property from the street to the lakeshore. COMPREHENSIVE PLAN City Manager Forbes advised of a one-year extension granted to the City by the State Division of Planning for adoption of a comprehensive plan, and he submitted a revised second part of the plan covering Conservation, Electric Utilities, Intergovernmental Coordination, Economic Feasibility, Potable Water, Sanitary Sewer, and Drainage Elements for their review. Motion was made by Mayor Smoak, seconded by Councilman Schroedel and unanimously carried that the revised plan be accepted and it be forwarded for State review and comments. ORDINANCES Councilman Byrd offered and moved the adoption AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, FLORIDA, AMENDING THE OFFICIAL ZONING MAP; REZONING THE REAL PROPERTY DESCRIBED AS LOTS 4, 5, and 6 IN HIGHLAND TERRACE SUBDIVISION FROM ITS EXISTING R-1 ZONING CLASSIFICATION TO R-2 ZONING CLASSIFICATION, and the motion was seconded by Councilman Schroedel. The Ordinance was read for a second and final reading by City Clerk Carroll, by title only, and upon roll call vote on passage of the motion the result was: Ayes: Byrd, Schroedel, and Smoak. Total Ayes: Three. Nayes: None. Absent: Honey and Cole. So the Ordinance was adopted and the number 196-C assigned to it. 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. Q~AP~~ L Ct1Jf/ DOLORES W. CARROLL - City Clerk ct1 ~Yor