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HomeMy WebLinkAbout09.05.63ZONING AND PUNNING COMMISSION Regular Meeting - September 5, 1963 8:00 P.M. - City Commission Room City Hall Members present were: Messers. McKibbin, Karns, Harris, Johnson, Lee, Bush and Smith. Also present were City Manager Knowles and Building Official Yelvington. Chairman McKibbin called the meeting to order. Reading of previous minutes was waived. A public hearing was held regarding the application submitted by Mr. T. B. Middleton for the rezoning of Lots 0 -8 and Lots 21 -26 of COTTAGE HILL Subdivision from that of R -lAA to R -1 whereby a residence could be constructed with the allowance of private lessons in swimming and tennis. Legal notice published in Sanford Herald on 9/4/63. This is an area bounded by Cooke Avenue, Clinton, Washington Street, and Glenway Drive. Mr. A. B. Peterson appeared in behalf of Mr. Middleton, the property ownev, and Miss Emma Spencer, the purchasher, and outlined the reason for the rezoning whereby Miss Spencer wished to retire in Sanford and carry on private tutoring in lessons of tennis and swimming at her residence. Her intentions were not to depreciate the value of this property. Mr. Peterson stated that he had been advised by proper officials to submit the application on the basis of a rezoning to that of R -1. He did not know the exact number of students at any one time. Mrs. Emrick of 845 E. 20th, adjoining this area in R -1A, was opposed in that this type of commercial home .occupation operation, if allowed, should be carried on in an enclosure only. Miss Dorothy Powell, a property owner within the immediate R -3AA area, and also representing her mother's property in this area, submitted a letter objecting to the lowering of the zoning to R -1. I t 0 0 in r �) ] g a. Z & P minutes Sept. 5, 1963 2 Mrs. Stiles of 809 E. 20th Street in the R -1A, representing her property and four other property owners in the area whereby they had built and sold the homes, voiced objection by repeating and agreeing with Mrs. Emrick regarding the tutoring in the open, plus the factor of more noise and more generating of traffic in the area and the alley. Mr. Middleton stated to the Board that he would like to sell the property in order to avoid paying taxes on it each year; that he was getting up in years; and his lots alone consisted of approximately 1 3/4 acres. Mrs. E. E. Walker of 806 E. 20th Street, who owns property on bhe' irie.if}3 side - :bf 90tbA t -remit at Loduat, stated the area should remain as zoned. Mrs. Clarence Rotundo, who is approximately 58' out of the .300 -foot notification and living on Lincoln and Glenway Dr., spoke for her borther, Mr. Daniels, who owns property within the immediate R -lAA zone. She registered objection for him and herself as to any lowering of the zone whereby the majority of the homes in the area fit the square foot requirements. Mr. Orville Emrick of 845 E. 20th (living across Washington St.) objected to any lowering of the zoning. Mr. Peterson injected at this point that there is a rail- road track on the west side of the property and felt that this could be more objectionable than a lowering of the zone. The Board advised all interested persons that they would take the rezoning matter under advisement in their Executive Session and persons calling the Manager's Office the following day would be so advised as to any recommendations. In Executive Session, the Board members discussed the rezoning matter and representation at the hearing thoroughly with pro and con as to the use of the property, the area, other R -lAA areas that could be affected, future requests of this type, amendments to the R -1A zones as conditional uses, etc. It was moved by Mr. Bush, seconded by Mr. Lee and carried that no action be taken on the request, but that the following recommendation be made to the.City Commission - - - - - -- Z & P minutes Sept. 5, 1963 3 AMEND THE ZONING ORDINANCE IN THE R -lAA - to read: Page 11 - Article III Section 2. Conditional Uses (1) NO CONDITIONAL USES shall be allowed or granted in R -1AA One Family.Dwellin,g Districts, except for private tutoring ALSO TO AMEND the unnumbered paragraph below ., sub - paragraph (2) to read as follows: ....... When after review of an application on an individual and non - succeeding basis of plans appurtenant thereto and hearing thereon, the Planning Board finds as a fact that the proposed use or uses are consistent with the general zoning plan of the City of Sanford, and with the public interest, the following may be granted by the Planning Board. Mr. Don Howe and Mr. Jim Hunt of Jim Hunt Realty re- appeared before the Board regarding a previous rezoning application and public hearing on 8/1/63, regarding property at 2625 French Avenue for allowing a photographer's studio in the residence. They furnished the Board with pictures of the area whereby the block in question had a commercial area to the north and to the west. However, the Board pointed out that this above- average residential zone, abutting commercial property, was originally created by a developer hnd, which in their opinion, was no reason to start downgrading the area by either a commercial or an R -1 rezoning. Adjourning to Executive Session, it was moved by Dr. Smith, seconded by Mr. Harris and carried that the above informal re- quest for lowering of the zoning and /or amending the zoning ordinance.in the R -JA zones to allow photographer's studios be denied. Z & P minutes Sept. 6, 1963 4 The Building Official stated that Mr. Anthony Leonard, owner of the.Sanford Motor Court on S. Orlando Drive, had a permanent rock base sign on 27th Street, but due :to the angle of his court to 17 -92, wished to remove a smaller sign by making a new one with more height and near the roof of the building. Whereby this involved a double -faced sign, it was moved by Mr. Bush, seconded by Mr. Karns and carried that the moving and placement of the sign be approved as submitted by the Building Official. The Building Official approached the Board on the feasibility of upgrading the zoning of the SE 1/4 of Block 3, Fier 6 and /or the northwest corner of the intersection of 2nd Street and Myrtle Avenue from that of M -1 industrial to C -2 commercial - general. The owner wished to expand his present business at 118 S. Myrtle Avenue onto his vacant property in M -1 with the inst allation of more front end machines whereby his business complies with the C -2 area and the .set back re- quirements could be used more advantagous. The Board favored the recommendation of .upgrading the zoning at the above location, but requested that the.owner submit a formal application and a public hearing be held. There being no further business, Mr. Karns moved for adjournment. Motion seconded by Dr. Smith and carried. G