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HomeMy WebLinkAbout02.22.68MINUTES ZONING AND PLANNING COMMISSION February 22 1968 8 :00 P.M. City Hall, City Commission Room Sanford, Florida Present: Clifford W. McKibbin, Jr., Chairman Donald Bishop, Jr. John Daniels, Jr. Jefferson R. Davis Arthur H. Harris John Y. Mercer Building Official Linvel J. Risner City Manager W. E. Knowles Absent: Robert E. Karns Phillip H. Logan Brooke Smith, M.D. The Chairman called the meeting to order. The first item of business was the holding of a Public Hearing to consider the proposed rezoning application of John Henderson for that property located on the northwest corner of Locust Avenue and 7th Street and legal description being: Lot 5, Block 8, Tier D, E.R. Trafford's Map of Sanford. Proposed rezoning from R -5, One and Two Family Dwelling District to C -1, Neighborhood - Commercial District. Said Public Hearing published in the Sanford Herald on February 19, 1968, and forty -six (46) property owners within 300 feet of the said location having been notified by individual notice by mail. The applicant outlined to the, Board that he anticipated on make improvements to the present non - conforming business by enlarging the "cafe- tavern" and including restaurant facilities in a new concrete building. The present structure is wooden, 22 x 30' in size and is presently becoming dilapidated. The new structure would be approximately 22 x 64' on a lot shown to be 50 x 117' in size. He stated that the present structure and operation has been there for 25 years and has been handed down in the Henderson family. The hours of operation of the tavern are: Weekdays: 9:00 A.M. to 10 :00 P.M. Fridays & Saturdays: 9:00 AM to 12 :00 Midnight 0 0 M Minutes of Z &P 2/22/68 .. page 2 Appearing to voice objection and supporting a letter dated February 16, 1968, signed by he and his wife, Louise, was Willie Brown, Sr., 612 Locust Avenue, stating that the present operation is a noise factor from 6 :30 PM to 12 :00 Midnight on the weekends; the vulgarity of the language does not permit them to sit on their porch and, at times, can be heard inside the house; and further, the outside of the building is used for restroom facilities the majority of the time. In addition, he is a brother -in -law of John Henderson and that his home was less than 20' from the tavern. ® Willie Brown, Jr., 818 East 7th Street spoke in favor of the rezoning to allow the new structure. A letter was read by the Chairman from Mrs. Gertrude Scott, 710 East 7th Street and Mrs. Amanda Tucker, 611 Hickory Avenue, stating they objected on the basis of the noise factor for the past fifteen years, public vulgarity, public trespassing through their property and a series of U) automotive accidents and further it being a constant sleep W interference from the blaring music. CL Cb Alfred DeLattibeaudiere, representing the Trinity Zion Hope Baptist Church on the northwest corner of 8th Street and Orange Avenue, stated that the church members were not opposing the rezoning or the expension of the 0 tavern. M In answer to questions by the Board Members, Mr. Henderson stated that he was employed full time by Patrick Fruit Company and that the operation of the tavern was a part -time evening job and that in his absence Mae Henderson was in charge. The City Manager informed the Board that whenever any trouble occurred at the cafe, John Henderson was most cooperative with the City Police and John contrdlldd the operation very well, but that it was hard for a woman to control. hairman The Board announced that a recommendation would be given in their Executive Session and interested persons could call the City Hall the following day regarding same. Minutes of Z &P 2/22/68 .. page 3 Under "executive" discussion of the request, Mr. Daniels stated that he was a property owner several years ago in this immediate neighborhood and vouched for the noise factor in that he sold his property and moved. Also, Mr. Daniels mentioned that Dr. Ringling and Dr. Starke live in this immediate area and that Dr. Ringling had spoken with him regarding his objection to the rezoning to allow the tavern to expand, but noted that they were not present in the audience. (It is noted in the minutes .. that the following morning, February 23, 1968, a telegram was delivered to the City Manager's Office and was sent by Dr. and Mrs. J.C. Ringling wherein it stated their objection to the rezoning of the property under sicussion. Telegram was dated 2/22/68 and sent at 6 :50 P.M„ but delivery could not be made due to City Hall closing at 5:30 P.M.) Mr. Harris pointed out that with the expansion there would be an area remaining to permit the off - street parking of only five (5) cars. In discussing the general area, it was noted that there are twelve (12) above- the - average homes within this one block, in addition to a large number of children. The City's Comprehensive Plan was reviewed and showed a high density of residences in the immediate area. On motion of Mr. Mercer, seconded by Mr. Bishop and carried, the request for rezoning to permit the expansion of the present non - conforming commercial operation of the tavern at 7th Street and Locust Avenue was denied and so recommended to the City Commission. The Chairman read a letter from a representative of the Woman's Voters League thanking the Zoning and Planning Com- mission for sponsoring the Workshop - Seminar held in Sanford by the Urban Research Center of the Florida State University on Urban and Citizens Leadership. The City Manager and the Board Members attending stated that the Seminar was very informative and well worth attending. Minutes of Z &P 2/22/68 .. page 4 The City Manager gave a report relative to the reasons for the past absences of Member C. F. Brooke Smith, M.D. and that the doctor wished to remain a member of the board if it was not placeing the Board in jeopardy. The Board concurred that they wished to retain the doctor on the board and were cognizant of his professional "last minute" patient emergencies. Submitted next for consideration was a request from Stenstrom Realty to allow a "conditional use" to their pro- posed purchaser for that property zoned R -IA', located at 700 West 25th Street, and legally described as: Lots 18, 19, and 20, Block 13, 3rd Section of Dreamwold with said use being that of (1) a nursery school with kindergarten and pre - school educational program (2) provide care of children for working parents and (3) children may attend kindergarten program only or on a full day basis. Request - also giving information that Mrs. May Kathleen Woolcott, Columbus, Ohio, proposed purchaser and operator, has owned and directed one of the largest Day Nursery Schools in the state of Ohio for seventeen years. Said conditional use permitted under the Zoning Ordinance upon the Board finding that the use is consistent - with the general zoning plan of the City and public interest, and that the character of the neighborhood and value; surrounding lands is not devalued with further consideration given to site area as it releates to the required open spaces and off- street parking facilities. The Board reviewed the immediate area and noted that the property is located less than one -half block west of a commercial are on French Avenue and directly behind a Winn - Dixie Store. Further, an existing nursery school in operation directly to the north that was allowed in an R -1 zoning prior to the adoption of a new zoning ordinance and zoning map. After discussion, Mr. Harris moved that the Zoning and Planning Commission approve the request and so recommend to the City Commission that it be granted with the following stipulations for the operation: Minutes of Z &P 2/22/68 .. page 5 a) Loading and unloading to be done on the side street, namely Maple Avenue - (due to 25th Street being a state, 4 -laned highway, and no parking allowed). b) The operation be limited to the number of 50 children. c) The entire property to be fenced. d) It will be a day school operation as opposed to a boarding school and no evening or over- night accommodations will be allowed. Seconded by Mr. Davis and carried. The Building Official was requested to check with other cities regarding rules and regulations for the operation of children day nurseries and to work up a proposal for the Board to consider with thought to the City of Sanford adopting a set of regulations for control of said operations. There being no further business, the meeting adjourned. Chairman