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