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R-95-887 8 . . - 8 CI1Y OF CLERMONJ' RESOLUTION No. 887 A RESOLUTION OF THE CI1Y COUNCIL OF THE CI1Y OF CLERMONT, LAKE COUN1Y, FLORIDA GRANTING A CONDITIONAL USE PERMIT TO AMEND RESOLUTION NO. 862 TO ALLOW THE CONSTRUCTION OF A ROOFED DECK ADjACENT TO THE EXISTING DEPOT, TO ALLOW THE CONSTRUCTION OF A COVERED OBSERVATION .DECK ON LAKE MINNEOLA AND TO ALLOW RETAIL SALES IN THE EXISTING DEPOT IN THE C-l LIGHT COMMERCIAL DISTRICT. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held October 3, 1995 recommended approval of this Conditional Use Permit to amend Resolution No. 862 to allow the construction of a roofed deck adjacent to the existing depot, to allow the construction of a covered obseIVation deck on Lake Minneola and to allow retail sales in the existing depot located in the C-l Light Commercial District at the following location: LEGAL DESCRIPTION Se,e Attachment "A" 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 Pemlit; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Clermont, Lake County, Florida that: SECTION 1. Tl1is application fora Congitionå1 Use Permit to amend Resolution No. 862 to allow the construction of a ,røofed deck àgjacent to the eXisting depot, to' allow the construction of a covered observation deck on Lake Minneola and to allow retail sales in the existing4e.pot IQcated in, the C-l Light Commercial District be granted subject to the following conditions: 1. Approval of the proposed uses shall be conditioned upon compliance with all previous conditions specified in Resolutiqns #671, #716, #823, and #862, respectively. 2. The temporary parking area shall be permitted to be utilized until such time as the proposed rail trail is c.m:npletedadjacent to the subject property, or until such time as construction and operation of permitted uses warrant provision of required permanent parking, whichever occurs first. Specifically, in the event the rail trail is the primary 8 8 8 G1Y OF CLERMONJ' RESOLUTION No. 887 Page - 2 - improvement completed, the applicant shall remove the existing asphalt from the "temporary" parking area and construct permanent parking facilities as indicated on the preliminary site plan provided with the application for this Conditional Use Permit amendment. 3. This permit shall become null and void if business operation has not begun within one (1) year from formal date of grant by the City Council. DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS 24TH DAY OF OCTOBER, 1995. 8 ATTEST: q;~CE, City Clerk . . 8 8 Attachment "A" Parcel No.1 Beginning at the point of intersection of the west line of West Avenue (100 foot wide right of way) and the south line of Osceola Street; thence extending north 60 feet along the west line of West Avenue to the north line of Osceola Street; thence extending west 258 feet to the border of West Lake; thence southeasterly along said.border of West Lake 67 feet to the south side of Osceola Street; thence east along Osceola Street 228 feet to the place of beginning, containing 14,580 square feet of land as laid out on the map of the town site of Clermont. Parcel No.2 All that certain piece, parcelor strip of land situated, lying and being in Lots 1 and 2, Block 94 of the original plat of Clermont, Lake County, (originally Sumter County), State of Florida, and being in Section 24 Township 22 South, Range 25 East. Parcel No.,3 . Begin at the inte~,ction of;the west right-of-way line of West Avenue and the northerly right-of-way line of former Be,aboard Coast Line Railroad Company's (now Grantor) main track (abandoned), being in Section 24, Township 22 South, Range 25 East, in the City of Clermont. Lake County, Florida; and run N 00°31'47" E, along said west right-of-way line of West Avenue, 209 feet, more or less, to a point at the waters of Lake Minneola, said point being designated as Point 8A8; begin again at the aforesaid POINT OF BEGINNING and the aforesaid northerly right-of-way of former Seaboard Co~tLine Railroa9 Company's (now Grantor) main track (abandoned). said right-of~way being on a curve concave southwesterly, having a radius of 2,699.69 feet; thence northwesterly along the arc of said curve through a central angle of 02°14'39", an arc distance of 105.74 feet; thence departing said.Railroadright-of~way N 42°03'02" E, 4.54 feet; thence run N 00°31'47" E, parallel with the aforesaid west right-of-way line of West Avenue 199 feet, more or less, to the aforesaid waters of Lake Minneola; thence southeasterly along said water to aforesaid Point 8A8; containing 0.475 of an acre, more or less. The Premises are shown onaprintof survey dated November 16, 1990, prepared by Ben Blackburn, Florida R.L.S. 2142, 13718 East State Highway 50, P.O. Box 1022, Oermont, Florida 34711, incorporated herein by reference. Being all,or part, of the same propertya~llire4 by the Atlantic Coast Line Railroad Company, a prede~ssor of GrantÖr, from C.H. Gooqenaugh; et ux, by deed dated Octo~r 16, 1912, recorded among the Public Land RecOrds of Lake €ounty, Florida, in Book 34, P~ge 537. .