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11-06-1962 Regular Meeting ~ ~ ~ REGULAR MEETING Regular meeting of the City Council of the City of Clermont was held in the office of the City Clerk on Tuesday - November 6, 1962. The meeting was called to order at 7:30 P.M. by Council Chairman WID. Boyd, with all Council members present. Other officials present were: Mayor BonJorn, Clerk Johnson, Deputy Clerk Carroll, City Attorney Morse, Sup't. Sheldon, Building Iaapector Snyder and Chief of Police Tyndal. Others present were: Mrs. R.E.Berryman, Messrs. Evert Ream, Lee Fowler, D.H.Moore, T. Y. Gause, R.K.Michaels and Jim Westbrook - City Engineers, and representatives of the Orlando Sentinel and of the local Press. The Minutes of the Adjourned meeting held on Tuesday - October 15, le62, were approved as written. Mr. Evert Ream, representing the Home Owners' Civic Improve- ment Association, appeared before the Council and read to them a letter pertaining to the Association making available to the Council, a transcript, with permission to reproduce, of the Minutes of the Zoning Commission hearing held on March 20, 1962 with regards the Lake Highlands Hotel property, and further requested that this letter and the transcript of the hearing be made a part of the Minutes. Motion was made by Mr. Turville, seconded by Mr.Bishop and unani- mously carried, to accept the letter of transmittal and the trans- cript of the hearing, and to incorporate them into the Minutes of this meeting. Mr. T. Y. Gause, Sales representative of the American Tank and Tower Company, appeared before the Council and submitted to them, a proposal for the cleaning, scaling and painting of the city water tanks. Motion was made by Mr. Pool, seconded by Mr. Bishop and carried, that the proposal of American Tank and Tower Company be accepted, in the amount of $1635.00, and with the pro- vision that such work be in compliance with AWWA minimum specifi- cations, as recommended by City Engineer, Mr. Michaels. Mr. D. H. Moore appeared before the Council and reported that since the City had established a part of Second and Osceola Streets as an evacuation route for school children in case of emergencies, that the NO PARKING rule as applied to Second Street, imposed a considerable hardship on him inasmuch as his home and business office was located at the intersection of Second and Osceola Streets. After due consideration, Motion was made by Mr. Pool, seconded by Mr. York and carried, that the "NO PARKING" rule on Second Street be in effect only during the hours from 7:30 A.M. to 4:00 P.M. during school days. Chief Tyndal submitted a regular monthly police report, which was accepted and ordered filed. Building Inspector Snyder submitted a regular report of building for the month of October, which was accepted and ordered filed. Sup't. Sheldon reported that the new pump house, at the Lake Avenue well, had been completed and the new chlorinator had been installed and was working. Sup't. Sheldon further reported that Juniata and DeSoto Streets, in the Lincoln Park area were now in the lime rock stage, and should be ready for sealing by the end of the week. Sup't. Sheldon still further reported that the installa- tion of new water lines along East Avenue was progressing. Mr. Westbrook,City Engineer, reported that he had not yet ob- tained the necessary information from the factory with regards the City purchasing an auxiliary pump, but that he would submit a report and recommendation as soon as he obtains the necessary information. Mr. Westbrook did report however, that the approximate cost for a right angle gear drive for such pump would be $1300.00 to $+400.00, and that he hoped the motor could be purchased from Army Surplus. Mr. Pool, Chairman of the Parks Committee, reported that the. planting of a circular flower garden at Kehlor Park had been com- pleted, and, that he had instructed Clerk Johnson to issue a work . order for the repair of the oil heater in the Community Building at Kehlor Park. Mr. Pool further reported that inasmuch as $6,000.00 worth of plants, trees, and shrubs had been donated for City Park beautificatio~, that he had obtained a cost estimate from Florida Nursery and Landscape Company in the amount of $950.00 for the planting, trans-planting, etc. of same to Center Lake and the Jaycee Beach. Chairman Boyd requested the Parks Committee to take this matter under consideration and present their recommendations at the next Council meeting. .. ~ \ ~ ~ Councilman Turville reported that a blind corner existed, from over-grown brush and shrubs, at the corner of Lake Avenue and Lake Shore Drive. Chairman Boyd reported a blind corner at the intersection of Second and Seminole Streets. Mayor BonJorn was requested to have the Police Department check these blind corners, and for others which might exist throughout the City. The bill from Layne-Atlantic Company in the amount of $1898.28 for the installation of certain pumping equipment, was authoriz~d paid, as had been recommended by City Engineers, Michaels & ~i~no~'a Clerk Johnson reported that a building, located adjacent to the T & G Railroad, and owned by Mr. Fred Wolfe, had been offered to the City in exchange for paid City and County tax receipts on same for the current year. Motion was made by Mr. Pool, seconded by Mr. Bishop and carried, that this offer made by Mr. Wolfe be accepted. Motion by Mr. Bishop, seconded by Mr. Turville and carried, that salaries of the Police Dep't. personnel be raised, as pro~ vided in the budget, effective November 1, 1962. Clerk JOPnson reported that he had obtained a cost estimate, in the amount of $100.00 each, for the installation of 12" red lights onto the present traffic lights. Motion by Mr. York, seconded by Mr. Pool and carried, that the Clerk be authorized to issue the ,necessary purchase order for the installation of same. Clerk Johnson reported that ~overnor Farris Bryant had re- quested a representation of all Municipalities in the State to be present at a Civil Defense Meeting in Tallahassee on Thursday - November 8, 1962, and inquired if it was the intention of the Councll to pay the expenses of those who would be attending. Motion by Mr. BiShop, seconded by Mr. Pool and carried, that the Clerk be authorized to pay the necessary expenses for any City officials attending this meeting. Motion by Mr. York, seconded by Mr. Turville and carried, that the installation of a new mercury vapor lighting system by Florida Power Corporation, ina certain section of the City (near the Clermont-Minneola Schools), be authorized, as budgeted. Motion was made by Mr. Turville, seconded by Mr. York and carried, that the monies, as budgeted, be paid to Cooper Memorial Library, Clermont Jr. Womans Club, and the Clermont Chamber of Commerce. Clerk Johnson reported that he had been advised that the in- stallation of the new traffic light at the intersection of 5th st. and Highway # 50, would be started by November 15, 1962. Mr. Turville, Chr. of the Laws and Auditing Committee, stated that he would like to have final passage of ORDINANCE NO. I-M, AN ORDINANCE ABANDONING AND VACATING ALL OF GOBLE STREET AND ff~OTIO~ AL ALMOND AND SCOTT STREETS AND PROVIDING OTHER MATTERS RELATING THERETO, considered at this time and moved the rules be waived and that ORDINANCE NO. I-M be read a third time, by title only, and placed upon its passage. The motion was agreed to unanimously and ORDINANCE NO. l-M was read a third time by title only. When the vote was taken on the passage of ORDINANCE NO. l-M, the result was: YEAS: Turville, Pool, York, Bishop and Boyd. TOTAL YEAS: 5 NAYES: None. So ORDINANCE NO. I-M passed, title as stated, and No. I-M was assigned to it and ordered immediately placed in the ORDI- NAND BOOK, PAGES 1, 2, and 3, and a copy posted. Motion by Mr. Pool, seconded by Mr. York and carried, that the meeting be adjourned until Tuesday - November 20, 1962 at 7:30 P.M. wrJI"M~ WJ; ~am . oy, Chai man -- ~~Mf ~W~f~~ ~I~I~ IM~~~HMf~1 ~~~~~1~1I~~ OF CLERMONT, FLORIDA, INCORPORATED ~ovember 5, i962. To the City Counci~, City of Ciermont, ~~orida. Gentiemen: Recent~y City Cierk A. M. Johnson contacted the Eresident of this association in search of information pertaining to the pubiic hearing of the Zoning Commission of the City of Ciermont on March 20, i962. This hearing reiated to a petition to rezone certain property ident- ified with the ~ake Highlands Nursing Home. Mr Johnson was specificaliy interested in obtaining a iegal transcript of this entir~ hearing, and also a copy of the petition opposing the re- zoning, together with a map accompanying the opposing petition, which map indicated every piece of property in the area within 500 feet of the .Nursing Home and showing the exact iocation of those owners who signed the petition opposing rezoning. Mro Johnson was informed that the Home Owners' Civic Improvement Assoc- iation of Ciermont did not originate, prepare or circu.Late the petition against rezoning, and therefore was not in possession of the petition ., and map; he was also informed that in as much as these documents were iegaliy presented to the ~oning Commission at a pubiic hearing they ~ automaticaiiy became official city documents at that time, and most certainiy_ shouid now be in the possession of the City of Ciermont - either with the Zoning Commission or the City Cierk. Mr Johnson was reminded that more than 50% of the owners of property within L50 feet of the Nursing Home had signed the petition opposing rezoning ~ld he was requested to remind those counciimen who faiied to attend the pubiic hearing of this fact. In so far as a Legal transcript of the minutes of this hearing are oon- cerned, Mr. Johnson was informed that this association is in possession of a oopy by reason of the fact that the Home Owners' Civio Improvement Association of Ciermont, in reguiar meeting, voted to support the wii~ of the majority of the property owners within 500 feet of the Lake Highlands ~ursing Home - a majority which was finaiiy indicated by signature to be about 70% opposed to rezoning. This association is pieased to cooperate with the City Administration by maJ:::ing availabie, a oopy of the transoript of the minut es of the Zoning Commission hearing on March 20, ~962, om a temporary basis with permission to reproduoe. This offer is made with the provision that this Let,ter of transmittal and the transcript be acoepted by the City Councii 'and entered in the minutes of the City Councii meeting for Tuesday, November 6, ~962 and that a receipt be signed for our records. e bb/c Respectfuiiy illiu Biilie Berryman, S ~/~~ cretary e - CLERMONT ZONING HEARING CLERMONT, FLORIDA MARCH 20, 1962 FROCEEDINGS OF THAT HEARING - - ~ ~ ~ ~ - - - - - - - - e . e e e . WHEREUPON, This is the proceedings of the Clermont Zoning Board on March 20, A.D. 1962, Tuesday, at the hour of 7:30 P.M. taken before me, Joan E. Tobey, Deputy Official Court Reporter and Notary Public, For the Fifth Judicial Circuit of the State of Florida. My name is Ernie Hodge, 160 East Lake Shore Drive, Clermont, Florida. I live at the foot of the hill there right in the rear of the hotel. I feel from my own feelings here that when I came here, I wrote the commission a letter stating exactly how I felt. We lived here two years before we bought a home site and then when we did decide to buy, we went to the City Hall and talked to Albert Jo~son, I showed him the lot and he showed it to me on the map and I said what about this zoning. He said that is RIA, Ernie, he said that is the best zoning you can get in Clermont and you can't go wrong on buying it, so we bought it. At the same time, this property in -- West of here was in RIA and I feel that the manage- ment of the hotel knew that when they bought the property and I feel that to rezone that to R2 would give just a little bit more privilege than I would like to have, so I got up a Petition -- I hate Petitions, but I got one up and started out cold~urkey with my own name on it and I never saw so much enthusiasm and I felt pretty good about it after I got started a little ways and I do have that Petition with several signatures on it. My name is George Kirkland, 228 Lake Shore Drive, Clermont, Florida~ I am opposed to changing the zoning laws in this particular e e e2- i.nstance or any instance. I bought in this area believing it to be the best zoning possible to get and I thinkthat any change is apt to grossly affect the value of the property in the vicinity and in fact, I am apposed to be using it as a Nursing Mome for a sanitation affect. Mr. Chairman, my name is J. M. House, Live at 1647 First Street. I want it to go in the record that I am opposed to rezoning the area in question and I would just like reaffirm that here tonight. CHAIRMAN: Anyone else who would like to say something? My name is Carl Nelson, I live at 16S East Lake Shore Drive 4It and I am opposed to the proposition of rezoning this area. . My name is Howard Dryer, I have the corner lot on East Avenue and Lake Shore Drive. I found Clermont quite excellant in 1955, maybe I shouldn't tell you this, but we came through Lake Minneola and thought it was the most beautiful place we had ever seen, and then we went over to Mount Dora, and my boyfriend told me, he said, Howard you are on the wrong side of Clermont, so we went to Clermont and found this piece of property and went by to see Mr. Stokes, and I bought the property, because of the zoning ordinance in Clermont was worded. I am J.J. Harris, 1653 Bowen, I want to voice my protest against the changing of the zone, because it develops that it is spot zoning. Spot zoning can be very dangerous in any community particularly in the best residential section of a city, which we e e e . ~- have now facing us. CHAIRMAN: Anybody else? MR. ERNIE HODGE: Mr. Chairman, in regards to that Petition, it has all the property adjoin~ng--I don't see or say that we have every signature in the radius of five hundred feet. Now, I would like to introduce to you gentlemen' and ladies, counsel for the Petitioners, Mr. Savage of Leesburg. MR. GORDON SAVAGE: Gentlemen, I have been asked by the property owners who are opposed to ~he hotel site to appear before you and see what I can do on their behalf relative to rezoning this property. First of all I would like to show to you a map along with a Petition that Mr. Hodge had prepared and I will sho~ you this map and point out to you this is the property that is in question. Gentlemen, I have with me the Petition and if you care to I will read the names, or if you would like to see the names. (Reading the names on the Petition) The original of this Petition is here for your examination with the signatures affixed thereto. In support of this Petition, have asked that you not rezone it for the following reasons: First of all, they want to point out that lot of these people have bought this property at the time on account of the zoning. Alot of these people relied upon the zoning of RIA. By rezoning this, R2, it would very definitely affect the economic value of their property to their own personal detriment. Likewise, I would like to point out it can be construed possibly that this would be in fact, spot zoning, e e e . ~4~ ,~hether that is good or bad, it is for you to decide. There is possibly the question that ~ be raised there was a mistake in the zoning. In 1954, there is a copy of the zoning map, which l~as supplied to usby.the City Clerk of Clermont and note that in 1954 this was drawn and zoned RIA. This property was in this locality in 1954 at the time. It seems strange that at this time a man who knew the RIA zoning when he purchased the property to come in and seek to rezone this property R2. It is apparent to these people, here, who have signedthe Petition that the rezoning of this property would open the door to many things that would not serve this area or this part of Clermont to the best interest and as attorney for these property owners who are adjacent and are at the property that is in question, we ask that you consider carefully the decision that you will make concerning the rezoning of this property. Thahk you. MR. TOM CORK: Mr. Chairman, I am not opposed to this. To rezone this would be helpful, the thirty thousand and something that have come to Florida--The corporation made up of peeple mostly from West Virginia bought all of the East end of the City of Clermont, and practically all the property inTownship 22, Range 26 out to the Orange County line. They divided Clermont into lots about 100 feet wide by 200 feet deep and also the lots in Clermont Rights. Then, they divided all of the land East of Clermont into ten acre tracts. They put on a sales campaign in order to have a place to bring the people they were trying to seblthe property to, they built e e e . -5- what was known as a club house. It was a hotel which they could entertain their pro~pective buyers. They brought them here, that has been fifty years ago. When the b00m came along in '24 and '25 this propetty was purchased, the property that hadn't been sold, \qhat had been sold had gone back to for taxes, that was known as the Clermont Hills and Lake Company. They maintained the club house or hotel until they went out of business during the boom. A man named White acquired the club house and a considerable area of land East of Clermont out to the intersection of 27 and 50. They finished the layout that had been started on the club house during the time the Hills and Lake County--Lake Company, I should say owned it and used it and operated it as a hotel. I think that was about 1936 and it has been used for that purpose ever since. Now, nobody--I dont't think there is a man living out there that didn't move there with that hotel standing there. They could certainly see it and they didn't have to go looking at the zoning book to know it was there. It has been there for about fifty years. There is a great deal of money invested in that. They are handicapped not in particular as far as the zoning, but every time theysbart to do something to improve this or make it more adaptable or more useful, they are called up on the zoning regulations as that is not a nonconforming use. Well, that usa was there long time before the zoning laws were in in Clermont, In fact is, we never did have any zoning laws in Florida until a few years ago. Under the laws' every man has a right to use his property for the e e e . -6- purpose that it will benefit it, except for what is known as the police powers of the state. The police powers of the state regu- late the use of a man's property so that he can not injure his neighbor and under that power the State of Florida passed a law allowing the cities and towns with the creation of the legislature of the state to zone for present purposes to help the annotation and the general walfare of the community. Now, this property is there and has been there for fifty years. It has been used for the same purposes as ~t is now. Now, it is a place where a man can get room and board and a place to live and be a guest of Clermont. It has always been used for that and to say that you are spot zoning, that property was zoned before the zoning laws came into existance. It was dedicated to a certain purpose to be used for that purpose, it wasbuilt for that purpose and never has been used for anything else. To hold a owner, of that property to zoning fu regulations wh07oan't tear it down, we can't take away unless we pay for it, which I don't think many of us want to do. There is not a man here tonight that moved there that the hotel was not sitting up there and I know they saw it. There is no probability that the property will be used for any other purpose than what it is now used within the life time of any person here tonight. I think to undertake the owner- of that property with zoning regula- tions which can't possibly benefit any of the people living aroung there unless you tear it down and I don't think anybody wants it torn down. That place since I came here thirty-seven years ago e e e . -7- has been the center of social activity in that community of Clermont and in fact the whole town of Clermont ever since I have been here. It was built I think before any of the homes out there. The people came here and built therr homes around that site, which had been put up there by the Lake Island Company of Florida and I think i.nstead of causing the loss and inconveniences to the owner', of the property, who has improved it, and certainly creates no disorder 1;0 there disturb the community in any way whatever and he should be allowed to improve his property as he sees fit and use it for the following purposes for which it was adaptable and in order to do that '~e are asking that it be rezoned--Now, I don't know what you mean by spot zoning--It is already spot zoned--Now, the zoning law that was made back in the residential property is a forest --Nobody could build houses there where that hotel is or would want to build '~hem there --The people that have the other property that belong in that block--that whole block was originally layed out as the club house grounds and then when I first came to Clermont, I went out there-- Istood up on that porch and looked down over that lawn -- there was a lawn all the way down to.the lake -- It was a beautiful site and a beautiful place and the homes began to be built that Summer and there have at this time been a good many homes built there around this hotel, and then Mr. White sold the property he cut off the lawn down there to the lake and cut the right-of-way for the walk that goes down to the lake and it was set in citrus groves and since that time it has been sold and divided into lots e e e . -8- and people have bought law -- have bought lots and built homes out there, because then and now they can still see that hotel that was there and is still there; it certainly didn't take them by any surprise. It was there then and it is big enough to see and to zone that hotel out of existance would be a very great mistake even if we could do it, which we can't. I think the zoning should be changed to something that folks would be glad of -- It is there and is has a certain use -- It is useful for that purpose It is not a nuisance to :.anybody.--It certainly doesn't depreciate the value of anyone's property by being there-- It has been there all the time for more than fifty years and I hope it will be there for fifty more. MR. O. WELBORN DANIEL: Mr.Ohairman, for the record, I am Welborn Daniel, and also for the record, I did not hire the Oourt Reporter. I along with Mr.Oork represent Mr. Rogers, the owner of the property in question. I would like to correct three unintentional errors that this map depicts that has been prepared by the Petitioners. One is the property down here is not being sought to be rezoned. The second is, that this walk way, it is not ~n , easement, it is owned byNr. Rogers. The third is, that this property here also owned by Mr. Rogers should have been included in the other. (Mr. Daniel indicates on the map) , I wont attempt to appeal to you gentlemen emotionally -- I'm going to attempt tostick strictly to the facts. From the number of people that have spoken to me that they were interested in rezoning and doesn't object to the e . e . -9- rezoning, I presume I could have filled the next room with people that could have gotten up and spoken that they were in favor of it. I would like to point out excluding the names on the Petition itself every person that gotbp and spoke in opposition to the rezoning lives beyond the 150' area that is mentioned in the City Charter of the City of Clermont. I have copied their names and I have the list of the people that live within the 150 feet and of course, many of those do appear on the Petition,.but those who spoke to ~?u live beyond the 150 feet that I have mentioned that we are attempting to rezone. It was said by one of those gentle- men that every property owner in Clermont opposes this, well, I'm a property owner and I don't object, so they don't have a majority -- they don't have a unamious decision and many property owners in Clermont and many property owners in cities other than Clermont have questioned this to me -- Have wondered what in the world is the matter -- why are the people at this time fighting this hotel -- People in Groveland have asked me that -- People in Tavares and people in Leesburg have asked me this. This thing through the meeting of the press has attracted a lot of attention, whether it be favorable or unfavorable in time will tell. Through out not only the county, but throughout Central Florida and many people who didn't know what side I was in or on, because my name has appeared very little until recently in connection with this and they have asked me what is the matter with Clermont, why are they opposed to letting a hotel improve their condition and they e - - . ~IO~ didn't even know what side I was on. Now, to attempt to go through this thing factually and Mr. Cork has gone through this h~storically and I will take up where Mr. Rogers came into the picture recently,and of course it can be said that Mr. Rogers could have checked the zoning laws, I don't presume that he did, most people don't think of that. I only discovered just recently that my home is in an R2 area and I have never found that it has hurt me in any way. I didn't check the zoning when I bought my home. I liked the neighborhood, ~ liked the neighbors, it didn't interest me particularly what the zoning was. As Mr. Cork has pointed out this hotel was there before all of these people bought their property. How a change in zoning, a change in words where Mr. Rogers can build his ~mprovement that he wants to do on the hotel can depreciate the value of the property is beyond me, because the hotel is already there. If the hotel was going to depreciate it, when they bought their property it was depreciated, and ~the hotel was not built there after the property was bought and their homes were built, they bought the property already in a depreciated state, if that be the case, but I don't agree with that. As"to spot zoning, I question the validity of the argument this is spot zoning. I have always looked upon spot zoning is that would occur if I owned a vacant piece of property in an area zoned, in any particular zoning, if I wanted to do something with that property and the business informed me that the property was zoned created a new use for that property and it didn't conform-- e . e . .d.:h,. crea~e a new use for ~ha~ proper~y ~ha~ didn'~ conform wi~h ~ha~ zoning -- ~o build some~hing new on i~ ~ha~ didn'~ conform wi~h ~ha~ zoning and appeal ~o ~he zoning commission or ci~y council or ci~y commission for rezoning ~hat would purely be spo~ zoning and ~ha~ perhaps would be reprehensive and tha~ pSEhaps sbould be avoided, bu~ Mr. Cork poin~ed out if ~his is spot zoning, ~his was spo~ zoned in 1954, or whenever that property was first improved and this s~ruc~ure was first placed on it. Do I understand Mr. Chairman tha~ being ~he Peti~ioners we have closing, because if we don't have closing, I would prefer to have closing argumen~. As Petitioners, do I have closing arguments? MR. CHAIRMAN: Yes sir. MR. DANIEL: All righ~, I will go ahead and only if necessary, because it is not my wish to keep you gentlemen here too long. A few weeks ago, Mr. Rogers had planned and designed and wanted to build a wing on the East side of his property, on the East side of the hotel, a wing that would allow him to in be~ter stead accomo- date gues~s of ~he ho~el. He through ~he proper channels applied for a permit and was turned down, because of the zoning. He then applied ~o the Board of Adjusters, the argument was presented by him to the Board of Adjusters, but this was the wrong way to go about it. This was actually the Board of Adjustments to co~it an illegal act to divide the zoning, and the Board of Adjustments turned it down. It was appealed to the City Council and aboutathat time I got to together and found that was the wrong place to appeal e -12- . to, the City Charter doesn't provide that appeal to the City Council from the Board of Adjusters and it is now some question as to whether or not the Board of Adjustments could grant the relief sought by the Petitioner, Mr. Rogers, but the point is that the protestants were saying this is the illegal way to go about it and Mr. Rogers says if that is the illegal way, what is the legal way to go about it. The legal way to go about it is to correct what in my opinion was an error in zoning that was ommitted on this property when the zoning laws were first adopted in the City of Clermont in 1953 or '54, and to place this property in the . zoning classification that has -- it has been and there has been . zoning in Clermont since 1915 and that is R2, and I expl~ned that ~ to lMr. Rogers, but in the pcocess of appealing to the Board of Adjustments and to the City Council,MR. Rogers had asked me to prepare a couple of Petitions, because he said many of his neighbors and many of them are signers of this Petition had indi- cated to him that they did not object to his adding on to the hotel. I prepared the Petition and they signed it, so when it came time to petition for rezoning, so that no one could say and it has been said none the less although we took these precautions and measures that Mr. Rogers tricked him or them into signing this first petition so that he could use it for rezoning. Gentlemen, that petition with the same signatures is not the petition for rezoning and I do not present it to you tonight, but in an attempt - e . e . e13- to avoid :~any innuendo that that was done when we saw that re- zoning was the matter that we would have to resolve to and the only method to correct the situation, under my direction and incidently under my preparation a letter was prepared to each and every person that had signed that original Petition explain;ng why rezoning had been resorted to and a copy of the actual Petition of rezoning was filed with the City Council and then transferred to this commission was included in that letter, so that nobody could say that they had been tricked into signing a Petition and then that Petition was used for rezoning. The complete explanation was in the letter. The Copy of the Petition for rezoning was sent with that letter.to every person without exception that had signed the original Petition, so that they would understand that there was do double cross being pulled and no signatures on any other Petition from any other purpose was being used, and yet I have heard that said that Mr. Rogers knew all the time that he was getting signatures on a Petition that he was going to use for rezoning, such is not the case, and if that had been the case that Petition would have been attached to the Petition for Rezoning. This Petition is presented, because the other method has been called illegal. There is no other method to equitably correct the situation~hat should have never been forced ~pon that property owner regardless of who that property owner was at the time. Let's examine what will happen if this area is not rezoned to~he use for which it is being sought. , - e . -14- It says that no improvements can ever be had, because no permit will be issued by the City. In the second place, if a hurricane comes along and knocked a @ajor portion of it down, if a fire occurs and destroys a major portion of it, if for any reason anything sets in and destroys a major portion of it, no permit can be obtained to restore -- The owner of that property must idly stand by and see it lose value year after year simply because boards and nails and hammers can't protect the investment he has in it. I think that is harsh, I think that is inequitable, be and I think in viewing it, you gentlemea will/inclined to agree with that, but if you have property and you have the investment that is in this property you would certainly want the right and any citizen would want the right to protect that investment, to improve that investment -- we are improving everyday, every year the method of buildinglliomes is improved every year -- the method of building roads and streets and highways are being improved everyday If we had to stick.~y the old systems day after day, the cost would continue to amount, it has been said that no changes are needed that the law of capacity shouldn't be changed well, gentlemen, .if we could ever pass a set of perfect laws for this city, county, state or country or world, then we could just disband congress, the Legislatures, councils of the city __ Councils of the legislature and congress are set up because there is ever decreasing demand for the change of laws to meet the tides. There came a time when the city council of Clermont thought e e - . -15" that rezoning was -- or that zoning was necessary in Clermont, I agree with the police powers that permits zoning and so they zoned the whole city at roughly~he same time, but as to say that any group of people can do '.any job 50 thoroughly and so completely that they can't literally review that job and determine that a mistake was made here or a mistake was made there. Ce~tainly a mistake in my opinion was made here where a structure of that size has been standing for that many years and it was zoned completely out of existance in the sense that nothing could ever be done to protect the investment -- certainly tbat's a mistake and certainly a change in the laws to correct that mistake is in order -- There are other areas in Clermont and I don't intend to drag any others in beyond this generalization, but there are other worth while areas in Clermont that also presents and could stand a little scrutiny in relation to the zoning law Whether people owning that property and whether people using that property as well as people contributing material to ' the welfare of this city through pay roll, who purchased it are crying on our shoulder, be- cause they could not expand if they wanted to. They may be coming before you, I don't know if they will, because I have never approached them and they have never approachad me, but in reviewing this whole thing I know there are other areas in Clermont and that this zoning commission willI probably be a busy zoning commission and I think it is a good thing -- I think that it is a good thing that a ~ommission can sit and hear arguments that you are hearing tonight -- The proof - e e . -16~ ' for which is that people can see that errors can be made -- what would be the purpose of a zoning commission if people don't concede that errors can be hade and should be corrected -- you have no other purpose on this world of ever going over the zoning in Clermont unless it was foresaw by those that on the city council that proposed of setting up the zoning commission to save their time of the public hearing and to listen to your recommendations. Gentlemen, I thank you for your timeand I apologize for taking as much as I did. Mr. Chairman, J. Bandamier, 1930 Rainy Road -- I have been 'fairly close to this hotel and there has been one thing over look- I ,ed and this hotel has been issued a commercial hotel license by the State of Florida for years, I think that is something that you , should take into consideration. Now, also everyone sitting in ,this room if they will be honest with themselves, I beli~e you are going to have to admit 'whether you are for it or against it that the hotel looks much better right now than it did two~ears ago. Is there anyone that disagrees with me .... Mr. Harris? MR. HARRIS: It is not a hotel anymore. MR. BANDAMIER: It certainly is . . . Sir I would just like to mention this in closing that I don't want to get anybody stirred up, but there are so many people that are in favor of this that there is a small group that has to work so hard against it and I just think that the majority of the people of Clermont -- How many people here tonight live within this 150 feet? e -17- e (Several hands were raised) If those people were really determined that was going to~hurt their property, they would be here tonight. I am Mrs. Dryer and I would like to ask what would stop me from building a hotel, if they rezone it, I could put apartments or anything I would like in there. MR. DANIEL: Motels are not permitted under R2 zoning. (people coming up and looking to what property is to be rezoned) My name is James Beard, I bought a lot and I live in Winter Park I bought a lot on East Avenue, the third lot from the lake, is that to come under that zoning -- I plan to build to a $35,000.00 house. ~ MR. CHAIRMAN: We are not asking to:~hange the zoning of the property that you own there ~- We are only asking to ahange the zoning of the property that Mr. and Mrs. Rogers own. MR. BEARD: Well, that puts us right door to them, what are we supposed to do? (Mr. Daniel shows Mr. Beard the property that is to be rezoned) Mr. Chairman, my name is Everett Reem, I am not within 150 feet of the hotel-ill am vitally interested in it in that I very recently come here and invested my life savings in constructing a house as my future home in an area that the City of Clermont . assured me would be RIA and I have been here less than three months and they are talking about rezoning. Part of the area which is in my section which will adversely affect my property, and I have had people tell me they are just waiting for this to be e e e ~ -18.... rezoned on to R2, so.they can put in a like application to build apartment houses. I lived down the street from somebody who built an apartment house over a guy's boat house and I am wonder- ing if we have any zoning laws and if we have any;hing that we can depend upon with our finances that we have invested here. MR. CORK: Did you see the hotel..'when you purchased your lot? MR. 'REEM: I saw the hotel and I have no objections to the hotel operating, but I object to rezoning this area. MR~; CORK: We are not attempting to rezone any area except where the hotel is? MR. REEM: The zoning laws that I have read in this town says that hotel can operate indefinitely as long as they so desire and that they can make repairs up to and I believe it is about 80% of the hotel can be repaired according to your own city ordinance. Mr. Chairman, I am J. M. House again, I wonder if it would be possibleto get any authority of the definition of the term hotel and the term of rest home or nursing home? Mr. Chairman, my name is Van Nostren and I do live within 500 feet of the hotel -- I mean I do not live within that distance, but I am one of the former members of the city commission who was onkhe council at the time the 1957 Ordinance was being drawn and would continue the 1954 ordinance, which Mr. George served on. There is one point that has been neglected here, I have heard about all:the money that has been put into this hotel recently, and I was e e e ~ -19- amazed recently in going into the City Hall and finding all of this money that has been expended and the increased value of the hotel that the assessed valuation inthe last 3 years has been lowered from $49,100.00 to $37500.00; would somebody please explain to me the basis of that? I am Mrs. James J. Harris, Mr. House wanted to know the definition betwean a hotel and a nursing home. A hotel is where transit guests are guests or permanent guests -- A nursing home is a private hospital. I am J. Bandamier and I recently sold the hotel and to answer your question sir, that hotel was sold for $47,000.00, and if they have it assessed at $37,500.00, that is a little bit high. THE CHAIRMAN: Anyone else like to say something? MR. GORDON SAVAGE: First of all, gentlemen, lots of have been made about the 1957 Ordinance, Mr. Daniel has made mention of the fact that this hotel can not be improved in any way. I refer you please to 9. of this 1957 Ordinance, which states as follows: (Reads) Now, I think you will have to admit that this property was in existance prior to the enactment of the ordinances, which protect the zone. Mr. Cork has explained in details the construc-: tion of this hotel. This property had to be zoned and so this became an nonconforming use under the existance of the 1957 Ordinance, or 1954 Ordinance. Without limitations any use of the structure was done not conformed to your limits may not be~hanged or another not to conforming use. I think we understand what that e e -20- means. ( Reads ordinance) There is nothing in there that prohibits this hotel from staying where it is as a hotel. There is nothing in here that prohibits this hotel from making repairs, to keep it as a hotel in compliance with the beauty, the usefullness as a hotel, but the objection that these people have who live in this area -- I think if you will check the assessed valuation of themr property as opposed to this property you will find that they far exceed it by ten to one. The objection they have to this is not so much as a hotel -- They knew the hotel was there -- They didn't object to it when they bouaht it, but they do object and object strenuously to changing from a hotel to a nursing home -- That is the objection -- That is the whole key to this whole argument that 4It these people have-- They have no objection to the hotel -- It is - a thing of beauty -- They like a hotel, but when a nursing home comes into play R2 comes into play and R2 not only means nursing home, but is also means other things, which I ~hink you are familiar with -- You know what it is without melliaving to tell you. MR. DANIEL:. To refute one thing and I'll have to go back on some- thing that I said awhile ago, and it was not my intention in anyway u.tilize the petitionthat in this was originally signed until Mr. Savage just said that the people aroundthis hotel do not object to it being used as a hotel, but they do object to it being used a.s a nursing home, if that is true, why did they sign the petition? What is the city council of the City of Clermont -- it says to be utilized as a nursing home and hotel, not withstanding (Reads) e - e -- -21- So I do think Mr. Savage that you are in error there and Mr. Beard, you and I do have a difference of opinion as to whether or not it has depreciated your property, because it was ~here when you bought it. The hotel is going to be there irrespect of what this Zoning Comm~ssion does, irrespect of what the City Council does by virtue of the Ordinances and the laws of the State of Florida, hotel is going to be there, the nursing home is going to be there, so the rezoning is certainly not going to depreciate any property around there, any depreciation that was occurred a long time ago. Mr. Savage, those Sections~at youread, let's go over them a little slower. "Noncomforming Use" (Reads that) Suppose Mr. and Mrs. Rogers got sick and closed the property for six or seven months and came back, they could no longer use that structure for any~hing, hotel, anything -- From that date forward it would be valueless -- From that date forward it would be a shell of the building with no use because it says (reads) That is right in the Ordinance. "Ctt (Reads) Gentlemen that concludes my argument. I appeal to your senses of fair play and to 'your sense of equity to grant an error that was formerly made inthe zoning laws of the City of Clermont. MR. HODGE: I have something to say. :MR. DANIEL: I understood I had closing :MR. HODGE: I don't see how you can do that . . . I'm going to tell 'you this, Mr. Daniel.:.that the Petition there is null and void, because this one right here shows it. e , -22- -e MR. DANIEL: Yes sir it is, and I didn't use it for any other purpose except to refute the statements of Mr. Savage when he said those people didn't object to a hotel. MR. rnODGE: I'M not through -- I am talking -- Not only that, you say they can change their minds and go back and rezone it, how can you change your mind about this Petition there -- why can't we change ours,and we killed yours and we are going to keep it killed. Not only did you call that a mistake, I don't call it one, because the fellows did it in all sincerity, but if that is a mistake I think the biggest mistake is the City of Clermont when they issued this ocuupational license -- I think that is one of the biggest ~ parts that we have missed and another thing when you say a fellow from Clermont, Minneola, Tavares, or any other place tells you something, that is heresay -- I can say totD you that dozens of them have told me that they are against it Tijey aren't here and they haven't signed the Petition, but that is heresay, and I don't think that kind of argument should go down. MR. CHAIRMAN: I wouldlike to clarify something in peeple's minds what has been done here. When people come andask for a hearing on the zoning commission, we don't know what the hearing is about, ~ but we hear them. Then, :~when they hear them and we decide whether there is anything to hear about, then we advertise two weeks for a hearing since we have had tonight. Inthis petition here, we are being somewhat stepped on for making an opinion before we knew what happened -- No opinion was made -- It is the way the wheels were turned e ~ e ~ -23- and we didn't know until we attended this Hearing, but what it was about so we weren't going off and saying something that we didn't know what it was all about. I just wanted to clarify in case something of this nature comes up again, this is the way it has to be handled, any kind of a zoning problem, somebody has to bring the problem to us and then it has to be advertised for two weeks. If bhere is no further argument, we will recess the zoning hearing. WHEREUPON, that ended the Zoning Hearing. e -. e ~ STATE OF FLORIDA ) COUNTY OF LAKE ) ~, Joan E. Tobey, Deputy Official Court Reporter and Notary Public, State of Florida at large, do hereby certify that I was authorized to and did report stenographically the proceedings before the Clermont Zoning Board on March 20th, 1962 at Clermont, Lake County, Florida and that the above and foregoing pages numbered one to 23 is a true and correct transcript of the said proceedings. IN WITNESS WHEREOF, I set my hand and official seal, this 27th day of March, A. D. 1962, at Tavares, Lake County, Florida Joan E. Tobey Deputy Official Count Reporter ~ ~ ACCOUNTS PAYABLE OCTOBER 31, 1962 Fire Department Calls and Salaries Guy's Standard Service Hoskinson Brothers Firestone Store Dempsey's Garage Radio Communications Service Cantwell's Department Store Konsler Steel Company Harry P. Leu,Inc. Western Auto Store D. J. Hatcher DuCor Supply Engel's Uniforms Clements' Pest Control Florida Power Corporation Florida Telephone Corporation Brantly Electric Company Clermont Hardware & Supply Company Clermont Builders Supply, Inc. Harb Tractor & Equipment,Inc. Diamond Auto Salvage Company Carroll Gas Hilltop Book Nook Stalnaker Chevrolet Company Dick's Gulf Service Pounds Motor Co.,Inc. Joiner Auto Parts,Inc. Standard Auto Parts,Inc. Prescott Tractor Sales,Inc. Davis Meter & Supply Co.,Inc. Wallace and Tiernan,Inc. Standard Oil Company Meeker Feed Store Red's Tire and Battery Co.,Inc. Frank S. Wright ~. M. Reynolds Company Layne-Atlantic Company A. P. & R. K. Michaels Jos. L. Rozier Machinery Company Johns-Manville Southern Bldg.Dode Congress Publishing House Williams Auto Service B & W Canning Co.,Inc. Sun State Publishers,Inc. F & R Office Supply,Inc. Clermont Plpmbing & Heating Advance Electric Company Al Huppel,Inc. Southern Pipe and Supply Company Sun State Publishers,Inc. ~ ~ 78.00 18.45 18.41 23.54 26.05 2.99 72.22 85.07 .75 31.50 159.47 373.50 83.00 1,326.12 39.74 979.88 93.60 65.64 73.57 20.00 22.50 52.13 11.78 29.45 2.30 7.66 216.36 6.85 79.35 42.80 478.57 21.75 73.26 4.00 10.01 166.91 500.00 32.51 5,982.60 12.74 96.47 13.75 ~3 .40 167.05 4.24 127.36 29.35 238.75 9.50 $ 12,064.86 Form 101 Florida BILL OF' SALT';, ABSOLiTTE. TUTBLANX REGISTERED US PAT OFFICE Tuttle Law Prnnt, Pub/fishers, Rut/andV1. RnowAHMPnJIV AINNIIIIIIIII That FRED L. WOLFE, of the City of Clermont , in. the County of Lake and State of Florida , of the first part, for and in consideration o XNW* A Gift having a value of$3,000.00---------------------------- KM tax, to xPw CITY OF CLERMONT, a Municipal Corporation, °f ler Flori , of the second part, e r c ptt' whereo�is hereby acknowledged, ha, s 'ranted, bargained, sold, transferred and delivered,, and by these presents do es grant, barg'aiaz, sell, transfer and deliver unto the said part y of the second part, its successors, xMWVU=%, administrators and, assigns, the following Foods and chattels, 1-Story frame, metal covered building, on the following described real property in Clermont, Lake County, Florida: Begin on the East side of West Avenue, as represented on the Official Map of the City of Clermont, filed 2/4/26 and recorded in Plat Book 8, pages 17 to 23, inclusive, Public Records of Lake County, Florida, at a point 8 feet North of the centerline of the main track of Atlantic Coast Line Railroad, run North- erly 35 feet; thence Easterly 45 feet; thence Southerly 35 feet; and thence Westerly 45 feet more or less to Point of Beginning. "Subject to all Taxes on the above building for 1962. " To Have and to Hold the same unto the said ;cart y of the second part, its successors, etNxxbhQxuxadmin.istrators and assigns, forever. .Find he do es for himself and his heirs, executors and administrators, covenant, to and with. the said part y of the second part, its successors, xxa xXxadmin,istrators and assigns, that he is the lawful owner of the said Foods and chattels; that they are free from all incumbrances; that he ha, s good right to sell the same as aforesaid, and that he will warrant and defend the sale of the said property, Foods and chattels hereby made, unto the said part y of the second part, its successors, xwxwu&x'X,xadministrators and assigns, against the lawful, claims and demands of all persons whomsoever. In Witness Whereof, I have hereunto set my hand and seal this 20th day of November , one thousand nine hundred and Qi vtv ed and Delivered in Presence of; State of 14orida County of LAKE. I HEREBY CERTIFY, That on this day personally appeared before me, an ofj'icer duly authorized to administer oaths and take acknowledgments, FRED L. WOLFE, to me well known to be the person described in and who executed the foregoing Bill of Sale, and he has acknowledged before me that, he executed the same freely and voluntarily for the purposes therein expressed. WITNESS my hand and official seal at Clermont, County of Lake , and State of Florida this 20th day of November , .4. D. 19 62. T otary Public My Commission Expires NOTARY PUBLIC STATE of FLORIDA at LARGE MY COMMISSION EXPIRE 'tilt offa1r ABSOLUTE TO CITY OF CLE RMONT Date 11-20-62 Frame Metal Building for City Garage