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Home My WebLink AboutResolution No. 2026-005R CLE d RES CITY OF CLERMONT o _ OLUTION NO_2026-0051;t A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING AN AMENDMENT TO CONDITIONAL USE PERMIT, RESOLUTION 2012- 21, RESOLUTION 2022-003R AND RESOLUTION 2023-0111a TO INCLUDE THE EXPANSION OF SEATING AREA WITHIN THE PROPERTY; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CO>RBFCTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE_ WHEREAS,the Planning and Zoning Commission ofthe City of Clermont,Lake County, Florida at a meeting held March 3, 2026 recommended approval of this Conditional Use Permit Amendment; at the following location: LOCATION: 846 8r. 848 West Osceola Street Salt Shack (AK 3784611 8c 1 61 6891) WHEREAS, from the evidence presented at the public hearing and after consideration of the factors set forth in Sec. 86-144 (d) of the Land Development Code, the City Council finds, that: (1) granting the conditional use permit will not adversely afTect the officially adopted comprehensive plan o£the city;(2)Such use will not be detrimental to the health,safety or general welfare of persons residing or working in the vicinity; (3)The proposed use will comply with the regulations and conditions specified in the codes for such use; and (4) The proposed use may be considered desirable at the particular location. WHEREAS,the City Council determines that the application for a conditional use permit meets the criteria set forth in the Land Development Code and otherwise it is in the interest of the general welfare ofthe City of Clermont,Lake County,Florida to grant this Conditional Use Permit_ NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Clermont, Lake County,Florida that based on the findings stated above and incorporated herein: This application for a Conditional Use Permit Amendment, Resolution 2012-21, 2022-003R, and 2023-01 1 R; be granted subject to the following conditions: SECTION 1: GENER AI. CONDITIONS I- 'The conditions as set forth in this Conditional Use Permit shall be legally binding upon any heirs,assigns and successors in title or interest. 2_ No further expansion of the use or additions to the Facility shall be permitted except as approved by another Conditional Use Permit. d' CLERMONT CITY OF CLERMONT 5 � RESOLUTION NO.2026-005R 3. No person, firm, corporation or entity shall erect, construct, enlarge, alter, repair, remove, improve, move, convert, or demolish any building or structure, or alter the land in any manner within the boundary of the project without first submitting necessary plans, obtaining necessary approvals,and obtaining necessary permits in accordance with the City of Clermont Land Development Regulations and those of other appropriate jurisdictional entities. 4. The Fire Inspector shall provide building inspections for life safety requirements and all fire code regulations must be in compliance prior to the issuance of any Building Certificate of Occupancy. 5. The Building Inspector shall inspect all structures and building for compliance and any building code violations shall be corrected before the issuance of the Certificate of Occupancy. 6. The Conditional Use Permit must be executed and processed through the office of the City Clerk within 90 days of its date of approval by the City Council or the permit shall become null and void. 7. The Applicant shall record in the Public Records of Lake County within 90 days of its date of approval by the City Council, a short-form version of this Conditional Use Permit as provided by the City or a form acceptable to the City, to provide notice to all interested parties, the assigns, successors and heirs of the developer/applicant and all future owners of the above-referenced property that the real property described above is subject to the terms and conditions of the Conditional Use Permit. 8. If any of the stated conditions are violated, the applicant understands and agrees that the City Council may open the Conditional Use Permit for further conditions or revoke this Conditional Use Permit by Resolution. 9. Should approved uses cease operation for more than 180 days, a new Conditional Use Permit shall be required for the same or similar operations. SECTION 2: LAND USE I. Permitted uses shall include a restaurant over 3,000 square feet at 846 West Osceola St.,as well as uses permitted within the CBD Central Business District.Outdoor dining may occur east of the restaurant along with the deck expansion north of the building between the building and Lake Minneola, as shown in Exhibit A. 2. The existing 4,040 square foot building(west of the restaurant)shall only be permitted for storage and a 150 square foot office space, directly associated with the restaurant use. Any warehouse rental operations or similar use shall not be permitted. No other uses shall be permitted without a Conditional Use Permit amendment. No signage shall be permitted on the existing 4,040 square foot building. CITY OF CLERMONT �n RESOLUTION NO.2026-005R 3. Prior to issuance of any building or site development permit for the expanded deck area and associated increase in seating capacity in Exhibit A, the applicant shall submit payment to the City's Parking Fund in an amount calculated at the rate in effect at the time of site plan approval.This contribution is required to offset the additional demand on public parking generated by the increased seating. 4. Prior to issuance of any development permit or certificate of occupancy,the applicant shall grant the City a 15-foot-wide easement for the future construction of a public boardwalk. The specific location, alignment, and terms of the easement shall be determined at a later date in coordination and cooperation with the City and the applicant. 5. The applicant will install, at their cost, additional waterfront signage to discourage boats from mooring near the vegetation along the property's shoreline on both sides of the proposed deck area. 6. The applicant shall ensure that the areas in and around the deck, as well as the immediately adjacent shoreline, are maintained in a manner that protects the Outstanding Florida Water status of Lake Minneola. Required maintenance shall include beach cleaning no fewer than two (2)times per day, along with any additional reasonable measures deemed necessary by the City to prevent litter, debris, or pollutants from entering Lake Minneola. 7. This Resolution will repeal and replace Resolution 2012-21,2022-003R, and 2023- 011R. SECTION 3: CONFLICT All resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are hereby repealed. SECTION 4: SEVERABILITY If any portion of this Resolution is declared invalid,the invalidated portion shall be severed from the remainder of the Resolution, and the remainder of the Resolution shall continue in full force and effect as if enacted without the invalidated portion, except in cases where such continued validity of the remainder would clearly and without doubt contradict or frustrate the intent of the Resolution as a whole. SECTION 5: ADMINISTRATIVE CORRECTION This Resolution may be re-numbered or re-lettered, and/or corrected for typographical and/or scrivener errors which do not affect the intent of said resolution, as authorized by the City Manager or designee, without need of public hearing, by filing a corrected copy of same with the City Clerk. CITY OF CLERMONT C�ER RESOLUTION NO.2026-005R SECTION 6: PUBLICATION AND EFFECTIVE DATE This Resolution shall take effect immediately upon its adoption. 6 CLER' NT CITY OF CLERMONT RESOLUTION NO. 2026-005R DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida,this 24th day of March 2026. Yy. CITY OF CLERMONT 4 }y r ry7 yR M1 .. s, e �. Tim Murry, M yor A T: Trac ckroyd ffoweWMC City Clerk Approved as to form and legality: hristian . Waug City Attorney CC, ACLE - CITY OF CLERMONT � d RESOLUTION NO.2026-005R Exhibit A: Deck Addition with Seating .f I� II