HomeMy WebLinkAboutDO #22-06_310 Elm Avenue_RecordedThis Instrument Prepared By and Return To:
Julie Adams Scofield, AICP
Historic Preservation Planner
Planning and Development Services Department
City Hall
300 North Park Avenue
Sanford, Florida 32771
Tax Parcel Identification Number: 25-19-30-5AG-0507-0030.
File #: 22-000289
Permit #: COA22-000015
GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2022039968 Bk:10208 Pg:983-991(9Pgs)
REC: 04/04/2022 8:42:39 AMby clones
RECORDING FEES $78.00
HISTORIC PRESERVATION BOARD OF THE CITY OF SANFORD
DEVELOPMENT ORDER NO. 22-06 RELATING TO 310 SOUTH ELM AVENUE
APPROVING CERTIFICATE OF APPROPRIATENESS
�l}( The Historic Preservation Board (HPB) of the City of Sanford issued this
Development Order relating to an application for a certificate of appropriateness under
the provisions of Schedule "S" of the City's Land Development Regulations (LDRs) and
controlling Florida law relating to and touching and concerning the following described
property: 310 South Elm Avenue, which is assigned Tax Parcel Identification Number:
25-19-30-5AG-0507-0030 by the Seminole County Property Appraiser.
FINDINGS OF FACT
Property Owner: Dearmond M. Bebo
310 South Elm Avenue
Sanford, Florida 32771
Applicant: Peter Ruehlman
Trinity Construction Services, Inc.
708 Magnolia Drive
Altamonte Springs, Florida 32701
Project: Approval of the HPB for alterations located at 310 South Elm Avenue.
Requested Development Approval: The Applicant requested approval of the HPB
for a variety of work relative to property located at 310 South Elm Avenue. The primary
proposed work is the removal of all asbestos siding currently in place and replace it with
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cement fiber lap siding. The additional proposed scope of work includes the following
on the side (south) elevation:
(1). Removal of an existing 28" x 28" fixed window retaining the existing
header, and alter the opening to accommodate an aluminum, single hung,
24" x 48", 111 lite window.
(2). Replacement of a fiberglass paneled door with a fiberglass door
with one large pane of glass, retaining the header.
At the meeting of the HPB, the application was modified, by means of an ore tenus
amendment, to provide for a wood window, 15 lite fiberglass door and cement panels to
match the asbestos ones in place.
Additional Findings: The project is located at 310 South Elm Avenue in the City's
Residential Historic District as described as depicted in Schedule "S" of the City's LDRs.
The building is a contributing building. The frame vernacular structure was built about
1917. Character defining features are the gable roof, 212 windows, front portico and
"wavy" asbestos siding.
In January 2021, a certificate of appropriateness was approved for limited replacement
to damaged asbestos siding with wavy fiber cement siding to match the existing siding.
There are no historic photographs available for this property, but Sanborn Fire
Insurance Maps show wood siding from 1917-1947. Asbestos siding was a popular
product in the 1930s and 1940s in Florida, but it is not known how long this siding has
been in place, but 50 + years seems likely, making this alteration historic in its own
right. Asbestos siding in good condition is not considered a health risk. The HPB has
not approved any fiber cement siding for existing buildings under Schedule "S" of the
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City's LDRs as it is clear that, if materials are not available when the building was
constructed are removed, they shall be replaced with historically appropriate materials.
The City staff recommended approach in order of preference is:
(1), Retaining existing asbestos siding, making necessary repairs by
replacement with fiber cement panels to match (which is the previous
remedy for which a certificate of appropriateness was granted).
(2). Replacement with wood clapboard which is the original material.
(3). Replacement with fiber cement siding to match the existing siding
(it has been determined that this product is available).
The windows on the front fagade are wood, double hung, 212, however Schedule "S" of
the City's LDRs allows secondary replacement windows to be a different type if they are
appropriate to the style and period of the building. A 111 configuration is common to the
period, and the re -sizing creates a rectangular window, as well as serves an interior
function. The proposal is for installation of an aluminum window.
The proposed fiberglass door is of a material that has been approved for secondary
entrances when the style is appropriate. This specific style of door was denied by the
HPB at several locations. Any of the evaluated vernacular door styles would be more
appropriate.
At the meeting of the HPB, the application was modified, by means of an ore tenus
amendment, to provide for a wood window, 15 lite fiberglass door and cement panels to
match the asbestos ones in place and the HPB found the proposed substitute materials
to be subject to approval.
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CONCLUSIONS OF LAW
(a). Pursuant to Section 8.0 of Schedule "S" of the City's LDRs, the HPB has
reviewed the proposed certificate of appropriateness and all application documentation
and matters relating thereto in accordance with the procedures for altering historic
landmarks or structures within historic districts as set forth in Schedule "S".
(b). Specifically, Schedule "S" of the City's LDRs provides as follows:
(1). Most properties change over time; those changes that
have acquired historic significance in their own right shall be retained
and preserved.
(2). For new construction, additions and alterations, the wall
finish most acceptable for the architectural style shall be utilized.
(3). The use of synthetic materials is prohibited and unlawful
for exterior wall surfaces with the exception of fiber cement siding,
which may be approved by special development order for detached
new construction only.
(4). The following materials are generally acceptable for
principal and accessory structures within the historic districts:
(i). Wood clapboard, wood shingle, wood drop siding,
wood board and batten siding or equal as determined by the
Board.
(ii). Brick, stucco; and stone or cast stone.
(5). Resurfacing existing historic landmarks or contributing
buildings with new material that is inconsistent with the style of the
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building or was unavailable when the building was constructed, such
as artificial stone, brick, veneer, asbestos or asphalt shingles, rustic
shakes, and vinyl or aluminum siding, is prohibited and unlawful.
(6). In cases where artificial siding is currently in place, its
removal is not necessary.
(7). An owner may retain the siding material or remove it, but,
if the material is removed, it shall be replaced with historically
appropriate materials.
(8). When siding which is inconsistent with the style of the
house is removed, either from the fagade of a building or to reopen
an enclosed porch, the original facade and the original fenestrations
shall be documents prior to the commencement of any rehabilitation
construction.
(9). Any and all additions to structures that are sided with
aluminum or vinyl siding or other simulated cladding shall be clad
with materials to match the original historic structure in size, profile,
shape, color orientation and texture.
(10). All additions to structures with a combination of cladding
materials shall be sided using one or more of the existing cladding
materials in a manner that is in character with the style and period of
the structure.
(11). Windows, frames, glass, muntins, mullions, sills, lintels
and pediments in good condition or repairable and in character with
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the style and period of the building shall be retained.
(12). Window types that are no longer permitted by law, such
as jalousies, may be replaced with another style of window that is in
character with the style and period of the building.
(13). If window or window details are determined to be
irreparable, they may be replaced provided that on the primary
facades of contributing buildings, replacement windows shall match
the existing original windows in size, configuration, material, design
and placement.
(14). On secondary facades replacement windows may be of a
different design or type provided the windows are consistent with the
style of the building.
(15). Only when a change is appropriate to the style and period
of the building may a window be relocated, enlarged, reduced or
introduced.
(16). All new windows shall have mullion profiles similar to
contributing structures.
(17). If single or double hung windows ae placed in groupings,
a four to six inch trim piece shall separate the window.
(18). Windows shall be proportioned such that the height shall
be equal to or greater than the width, with the exception of
historically appropriate window groupings.
(20). Only when the change is appropriate to the style and
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period of the building shall doors be relocated, enlarged or
introduced.
(21). Doors with modern designs, flush or sliding glass doors,
or any type of door that is inappropriate to the style or period of the
structure is prohibited and unlawful.
(c). To the extent that a conclusion of law as set forth herein also constitutes a
factual finding, then such shall be taken to be so as part of this Development Order.
(d). The proposed Certificate of Appropriateness is hereby found and
determined to comply with the aforestated.
(e). Additionally, the Certificate of Appropriateness sought is hereby found and
determined to be consistent with the City of Sanford Comprehensive Plan and
development of the property as proposed would be consistent with and in compliance to
applicable land development regulations and all other applicable regulations and
ordinances as set forth in the Code of Ordinances of the City of Sanford.
(f). This is a development order and shall not create contractual rights of the
property owner against the City nor contractual obligations of the City to the property
owner and, to that end, the property owner shall have no contractual rights or remedies
against the City with regard to any land use action of the City.
(g). The City has not waived any rights or remedies by taking the action set
forth herein or any successive development orders and reserves any and all rights and
remedies available to the City under controlling law including, but not limited to, the
protections under the laws pertaining to sovereign immunity.
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(2). This Development Order granting approval of a Certificate of
Appropriateness touches and concerns the aforedescribed property and is subject to
code enforcement action in accordance with the controlling provisions of law
Done and Ordered on the date first written below.
As approved and authorized for execution by the Historic Preservation Board of
the City of Sanford at its meeting of February 16, 2022.
"W14W
Traci H u in,
Giulia,na ieras
HISTORIC PRESERVATION BOARD
OF THE CITY OF SANFORD
Ma"' Moskowitz, Chair
ry
D.
Nunc pro tunc to February 16, 2022
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IN WITNESS WHEREOF, the subject Property Owner has signed and sealed
these presents the day and year written below and AGREES to all of the terms and
conditions of this Development Order the undersigned named person having full
authority to execute this document.
A TTES T.
110 ZF-11 V if, IQ Z 101 ky, M -.1 A
SignatureVitness # I Dearmond M, Bebo
Printed Name Witnes 1
Sign lure Witness # 2
Printed Name Witness # 2:
.............
F1 11i .............•...........
The foregoing instrument was acknowledged before me by means of ED physical
presence or 0 online notarization, this,,,-.. day of February, 2.022 by Dearmond M.
ZBebo. He is personally known to me or produced as 6,,,, �Ie,
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,/'NOTARY PUBLIC
My commission expires:
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