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R-03-13435~ CITY OF CLERMONT RESOLUTION N O. 1343 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE EXPANSION OF AN EXISTING RESTAURANT BY CONSTRUCTING A CHICKEE HUT. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held August 5, 2003 did not approve this Conditional Use Permit to allow the expansion of an existing restaurant by constructing a Chickee hut, at the following location: LOCATION 801 W. Montrose Street The City Council deems it advisable in the interest of the general welfare of the 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: This application for a Conditional Use Permit to allow the expansion of an existing restaurant by constructing a Chickee hut; be granted subject to the following conditions: • CONDITIONS: Section 1 -General Conditions 1. 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. The restaurant and apartments are the only uses approved for this property. No further expansion of the use or additions to the facility shall be permitted except as approved by another Conditional Use Permit. 3. The property shall be developed in substantial accordance with the conceptual site plan dated July 2003 as prepared by McCoy and Associates. Construction plans, incorporating all conditions stated in this permit, shall be submitted for review and approval of the Site Review Committee prior to authorization and issuance of a development permit. The conceptual plan submitted with the CUP application is not the approved site plan. A site plan must be approved by the City before a zoning clearance will be issued or inspections will be made. 4. 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. 5. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been • met. ., CITY OF CLERMONT RESOLUTION NO. 1343 Page-2- 6. If any of the stated conditions are violated, the applicant understands and agrees that the City Council may revoke this Conditional Use Permit by resolution. 7. The Conditional Use Permit must be executed and filed in the office of the City Clerk within 90 days of its date of grant by the City Council or the permit shall become null and void. 8. This permit shall become null and void if substantial construction work has not begun within one (1) year of the date of this Conditional Use Permit is executed and signed by the permittee. "Substantial construction work" means the commencement and continuous prosecution of construction of required improvements ultimately finalized at completion. 9. In the event there are complaints regarding noise (outdoor music), the City Council reserves the right to revisit the conditional use permit. 10. The Conditional Use Permit shall be reviewed by the City Council in 3 years, or in the event there is a change in ownership from the current owner, other than the applicant's immediate family members. • Section 2 -Site development The stormwater retention swale shall be constructed per the conceptual plan. 2. A landscape buffer with irrigation system will be constructed along the east and south sides of the property as depicted on the conceptual plan. At least of the old concrete dumpster pad will have to be removed to accommodate the landscape buffer on the east side of the parking lot. 3. A dumpster pad and dumpster enclosure shall be constructed per code and located in the southwest corner of the property as shown on the conceptual plan. 4. The fence on Montrose Street shall be rebuilt using the same lumber as used in the Chickee construction. 5. The permittee shall provide a utility easement along the length of the southern property boundary. DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS 26th DAY OF AUGUST 2003. Attest: ~ Tracy Ackroid, City Clerk o d Turville, Mayor 2 • y CLERMONT 8. INC. • P.O. Box 120433 Clermont, FL 34712 August 22, 2003 Ms. Jane McAlliser Planning Technician II -City of Clermont Re: Conditional Use Permit for "On The Corner" 801 W. Montrose St. Dear Ms. McAllister, I received the notification regarding the request to allow the expansion of an existing restaurant by constructing a chickee (Tiki Hut). I am not opposed to this request and in fact feel that any improvement that attracts business to downtown Clermont is a positive for everyone. I wish Mr. Poole and his tenant every success. There is, however, one item that needs to be addressed. As you are aware, there has been an ongoing problem with the runoff from the "On The Comer" parking lot since I purchased the 738 8th Street building in Apri12000. The building is currently leased to "Antique furniture. I have spent over $13,000 installing a special drainage system to protect my building as well as the contents of the property. This $13,000 does not include money spent to reimburse my tenant for damage and the 50% rent reduction I have had to give him. My loss at this point is totaling over $20,000. Currently, as a last resort, there is ugly plastic sheeting on the side of my building. There is nothing else I can do as no drainage system could protect me from the river that flows directly into my building whenever it rains. It actually comes into the interior and puddles on the floor. I am currently working with Cardinal Irrigation to add yet another protective system. The figures that have been discussed are in the thousands once again. I am willing to do this but without a swale as well, I am spinning my wheels. Mr. Poole has expressed an interest in putting in a dry retention (which as you know he has engineered plans for) or Swale which would solve the problem. It is my understanding that he already has engineered plans for this Swale. Mr. Cardinal has told me that both Mr. Pool and I could save on our costs if we would to do our projects at the same time which I am willing to do. I am requesting that the City require Mr. Pool to put this dry retention or Swale in as a condition of his Conditional Use Permit. I feel that this is only fair since, the parking lot is the location of the Tiki Huts. My general understanding is if a property is improved, it needs to be brought up to code. This parking lot is not up to code and has no consideration has ever been given for proper water runoff. Thank you for your attention to this problem. I know our goals are the same; a beautiful and successful downtown Clermont. I will be out of town at the time of the meeting but I can be reached by phone 407-876-6939. S inter 1 im atiry