R-09-1617CITY OF CLERMONT
RESOLUTION NO. 1617
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO ALLOW THE USE OF AN
AUTOMOTIVE AND TRUCK REPAIR SERVICE BUSINESS IN A C-1
LIGHT COMMERCIAL DISTRICT.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake
County, Florida at a meeting held June 2, 2009 recommended for approval of this Conditional
Use Permit to allow the use of an automotive and truck repair service business in a C-1 Light
Commercial District; at the following location:
LOCATION:
611 West Highway 50
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 use of an automotive and truck repair
service business in a C-1 Light Commercial District; 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. No further expansion of the use, additions to the use, or additions to the facility shall be
permitted except as approved by another Conditional Use Permit.
3. The property may be utilized in substantial compliance with the site plan completed by
Montverde Engineering, Inc. dated 4-1-09, that was submitted with the CUP application.
Formal construction plans, incorporating all conditions stated in this permit shall be
submitted for review and approved by the Site Review Committee prior to the issuance of
a zoning clearance or other development permits. The site plans submitted with the CUP
application are not the approved construction plans.
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
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CITY OF CLERMONT
RESOLUTION NO. 1617
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.
6. No business can occupy any portion of the building unless the proposed business has
applied for and obtained a Local Business Tax Receipt from the Planning and Zoning
Department.
7. The Conditional Use Permit must be executed by the penmittee and submitted to the
office of the City Clerk within 30 days of its date of approval by the City Council or the
permit shall become null and void.
8. This Conditional Use Permit shall become null and void if the building permits have not
been issued (picked up) and all applicable fees are paid for within 30 days of City
Council approval; and all improvements, renovations and items as outlined in the site
plan are not completed within nine (9) months of the date this Conditional Use Permit is
approved the City Council.
Section 2 -Land Use
1. Automotive and truck repair service would be limited strictly to cars, SUVs, vans,
recreational vehicles, dump trucks, agricultural or construction implements such as (but
not limited to) tractors and front end loaders, semi tractors (without trailers attached) and
small utility (light) trucks. No semi-trailer, or heavy equipment (e.g. bulldozers), repairs,
parking or storage, shall be permitted.
2. In the event that the noise levels create a nuisance to the surrounding property owners,
the City reserves the right to open the CUP for further review and additional conditions.
Recurring documented complaints related to noise or other disturbances emanating from
the operation shall be considered prima facie evidence of a violation of this provision.
The owner shall be given written notice of such violations and shall have seven (7) days
after receipt of such notice within which to demonstrate that adequate measures have
been taken to alleviate the source of the disturbance which gave rise to the recurring
complaints. If in the opinion of the Planning and Zoning Director, the disturbances have
not been corrected, the owner will be scheduled for the next available City Council
meeting to determine the appropriate action necessary to alleviate the disturbance,
including any additional restrictions on the operation of the business deemed necessary to
alleviate the complaints.
3. If any of the stated conditions are violated, the applicant understands and agrees that the
City Council may revisit and/or revoke the Conditional Use Permit by Resolution.
4. Any and all signage, appendage, attachments, displays, depictions or the like, attached to
the building or placed on the premises, shall be in accordance with City of Clermont
Codes.
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CITY OF CLERMONT
RESOLUTION NO. 1617
5. All repairs must be done within an enclosed building.
6. Display sales of any vehicle(s) shall not be allowed.
7. No outside storage of any vehicles shall be allowed on site, except for vehicles awaiting
immediate repair.
8. No parking, storage of vehicles or equipment, or other uses of any kind are allowed on
any adjacent right-of-way.
9. A four-foot high masonry wall shall be completed on site, with finish and location as
approved by the Site Review Committee. The wall shall extend south from the southwest
corner (10-feet from the western property line) of the new 2,400 sq. ft. building to the 15-
foot landscape easement line along Chestnut St.; easterly along the landscape easement
line (except for the entrance driveway) to approximately 10-feet Lake Ave.; north and
adjacent to the first two parking spaces (20 feet) also being parallel with Lake Ave., to
the wall terminus.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA, ON THIS 23rd DAY OF JUNE, 2009.
~ ,,
arold S. Turville, Jr., Mayor
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