071204 ws/rm min.MINUTES
EPNIII072
City Commission, Sanford, Florida WORK SESSION JULY 12 2004
20.__
The City Commission of the City of Sanford, Florida, met in Work Session on Monday, July 12, 2004, at 4:00
P.M., in the City Manager's Conference Room, 2nd Floor, City Hall, 300 North Park Avenue, Sanford, Florida.
Present:
Mayor Brady Lessard
Vice Mayor Dr. Velma Williams [present at 4:32 P.M.]
Commissioner Art Woodruff
Commissioner Kevin Hipes
City Manager Al Grieshaber Jr.
City Clerk Janet R. Dougherty
Absent:
Commissioner Randy Jones
City Attomey William L. Colbert
Mayor Lessard called the meeting to order at 4:15 P. M.
(1) l~ (City Manager Grieshaber)
City Manager Grieshaber and Finance Director Kevin Smith reviewed the proposed budget and answered the
Commission's questions. [Vice Mayor Dr. Williams joined the meeting during discussion.] [Mayor Lessard lett the meeting and
returned during discussion.] Th, e C~mmission concurred that the City Manager reallocate funds in order to install one mile of
(2) ~ (City Manager Grieshaber)
This was briefly discussed during discussion of the FY 05 Budget.
(3) Discussion of Other Items, Add-on Items, and Regular Agenda Items. (City Manager Grieshaber)
There being no further business, the meeting was adjourned at 6:08 P.M.
Attest:
C~ty Clerk ~/ (/
jd
EPNIlI672
MINUTES
City Commission, Sanford, Florida
REGULAR MEETING JULY 12
2004
20.__
The City Conaifission of the City of Sanford, Florida, met in Regular Meeting on Monday, July 12, 2004, at 7:00
P.M., in the City Commission Chambers, City Hall, 300 North Park Avenue, Sanford, Florida.
Present:
Mayor Brady Lessard
Vice Mayor Dr. Velma Williams
Commissioner Art Woodruff
Commissioner Randy Jones
Commissioner Kevin Hipes
City Manager Al Grieshaber Jr.
City Attorney William L. Colbert
City Clerk Janet R. Dougherty
Mayor Lessard called the meeting to order at 7:07 P.M.
I]~g_O_C, AILQ_~ by Bishop L. Knight, Chaplain, Sanford Police Department.
PLEDGE OF ALLEGIANCE
CITIZEN PARTICIPATION
APPROVAL OF MINUTES
Minutes of June 28, 2004, Work Session and Regular Meeting. RtalO. lillll.editl~ by the City Clerk and the City Manager.
Commissioner Woodruff moved to approve the Minutes of the June 28, 2004, Work Session and Regular
Meeting. Seconded by Commissioner Hipes and carried by vote of the Commission as follows:
Mayor Lessard Aye
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Hipes Aye
(1) Sewer Manhole Rehabilitation: accept proposal in amount of $22.190.00 from Chaz Equipment to rehabilitate ten (10)
manholes piggybacking the City of Delray Beach bid. (2) East Lake Mary Boulevard Se~m~n~ II B Utility_ Construction
lnterlocal Agreement with Seminole County_: approve and authorize the City_ Mana?er to execute (3)
Services for a Utility Impact Fee Study: approve Agreeme,- with Public Resources Management Group in amount of
$18,000.00. (4) Authorize Sanitary_ Sewer Service to 1255 and 1275 Lake Mary Boulevard in the City of Lake Mary. (5)
City_ back-up pledge of non-ad valorem revenues to the Sanford CRA'$ finanein_~ of the 1st Street Streetscap;
Renovation Pro_iect: approve Interlocal Agreeme.~n! with the Sanford Community Redevelopment Agency. (6) CRA loan
agreement: anpr0w finangin? with SunTrust Bank on behalf of the CRA. (7) Emergenc_v Radio System: approve
~ for communications in the event of a total failure of the Seminole County radio system.
by the City Manager.
Commissioner Woodmffmoved to approve the Consent Agenda Items (1) through (7). Seconded by Vice Mayor
Dr. Williams and carried by vote of the Commission as follows:
Mayor Lessard Aye
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Hipes Aye
CITY COMMISSION
CITY OF SANFORD, FLORIDA
PUBLIC NEARING
13, 2004, and at
following FINDINGS
following ORDER:
IN RE: APPEAL FROM THE DECISION OF THE BOARD OF ADJUSTMENT TO
DENY A VARIANCE TO ESTABLISH AN ACCESSORY STRUCTURE IN A
SIDE YARD WITH MATERIAL THAT DOES NOT MATCH THE PRINCIPAL
STRUCTURE AT 346 LIVE OAK BOULEVARD, SANFORD, FLORIDA.
The City Commission based on the clear and convincing evidence
contained in the record before the Board of Adjustment (BOA) on May
Appeal Hearing on July 12, 2004, makes the
OF FACT, CONCLUSIONS OF LAW, and enters the
(1) That an accessory structure, an aluminum car port, was
erected in the side yard, partially in an easement, without City
approval or permits at 346 Live Oak Boulevard.
(2) That the Land Development Regulations require that accessory
structures be in the
materials, color and
structure.
rear yard, and that they be constructed of
architectural style to match the principal
(3) That the City of Sanford has adopted provisions to grant a
variance after finding that the variance would relieve a practical
difficulty or undue hardship caused by a strict application of the
regulations provided that the variance is occasioned by:
(A) A hardship that may inhibit the extent to which a
property can be used:
1. By reason of exceptional narrowness, shallowness
or shape of a specific parcel of land; or
2. By reason of exceptional topographic conditions
or physical features uniquely affecting a specific parcel
of land; or
3. By reason of an extraordinary and exceptional
situation uniquely affecting a specific parcel of land or
the structures lawfully existing thereon; or
(B) The purposes of the Land Development Regulations
would be advanced by a deviation from the zoning
ordinance requirements and the benefits of the deviation
would substantially outweigh any resulting detriment.
(3) That the property is pie-shaped and drops off significantly
just to the rear of the accessory structure.
(4) That on May 13, 2004, the BOA found that the applicant
failed to prove hardship as outlined in Article III, Section 3.10
item D of the Land Development Regulations and denied the variance
to allow the accessory structure to remain in the side yard.
CONCLUSIONS OF LAW
(1) This commission finds that the topography of the site and
the shape of the lot creates a hardship as to the extent to which
the property can be used.
THEREFORE, IT IS ORDERED that
the Appellant/Applicant's
request to overturn the BOA's denial on May 13, 2004, is approved
conditioned on the applicant agreeing to bear any costs involved in
the city using the easement, and installing a trellis and planting
greenery, allowing it to grow over the structure to mitigate the
appearance from 348 Live Oak Boulevard.
DONE AND ORDERED this 12th day of July, 2004.
Attest:
City ClerkU V
Mayor Brady Lessard
I HEREBY CERTIFY that a true copy of the foregoing has been
furnished by U.S.
Boulevard, Sanford,
Mail to James C. McFadzen, 346 Live Oak
Florida 32773, this~~]~--3 day of July, 2004.
City Clerk
EPNIII072
MINUTES
City Commission, Sanford, Florida
JULY 12 2004
20__
(1)
Second readlna and adoption of Ordlnnnee No. 3~_°n to close a portion of Americena Boulevard between Airport
Boulevard and Logan Heights Circle and between Orlando Drive (17-92) and the Central Florida Greeneway; Robert
Horian, Suncor Corporation, applicant. Ad published June 30, 2004. glall/liiRiglill~ by the City Clerk and the City
Coiinuissionor Woodruffmoved to adopt Ordinance No. 3880. Seconded by Comniissioner Jones and carried
by vote of the Commiaqlon as follows:
Mayor Lessard Aye
Vice Mayor Dr. Williams Aye
Commls~ioner Woodruff Aye
Commissioner Jones Aye
Commissioner HOpes Aye
(2) Seeond rmdln_° and ~t%ne~ of Or~"'--"e No. 3881, to annex 0.24 acre between Harrison Street and W. 18th Street
and between Tangerine Avenue and Roosevelt Avenue (1718 Roosevelt Avenue); Lionel Southward, II, S & S Property
Enterprises, Inc., applicant. Ad published June 30 and July 7, 2004. ~ by the City Clerk and the City
Vice Mayor Dr. Williams moved to adopt Ordinance No. 3881. Seconded by Comni.~ioner Woodruff and
carried by vote of the Commission as follows:
Mayor Lessard Aye
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner HOpes Aye
(3) S~eond r~adin? and adoption of Ordinance No. 388~ amending Article III of the Land Developmem Regulations
regarding the Historie Preservation Board- Ad published June 30, 2004. ~ by the City Clerk and the
City Manager.
Cormnlssioner Woodruffmoved to table the second re~ling and adoption of Ordinance No. 3882 to August 9,
2004. Seconded by Commissioner Jones and carried by vote of the Commission as lbllows:
Mayor Lessard Aye
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Hipes Aye
(4) A_ _npeal of the Board ofAdjm~m~_t's th.,,i~! of a di,~.,,innal varlan,~ at 346 Live Oak i~-.~-.'a.. I for an accessory
structure. Ad published June 27, 2004, property posted June 28, 2004, owners notified June 18, 2004. Director of
Planning and Development Services and the City Manager recommend to affirm the denial
Cosiiadssioner Hipes moved to grant the dimensional variance based on hardship due to the topography of the
site and shape of the lot, conditioned on the applicant agreeing to bear any costs involved in the city using the easement, and
installing a trellis and planting greenery and allowing it to grow over the structure to mitigate the appearance from 348 Live Oak
Boulevard. Seconded by Vice Mayor Dr. Williams and carried by vote of the Commission as follows:
Mayor Lessard Aye
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner HOpes Aye
CITY COMMISSION
CITY OF SANFORD, FLORIDA
PUBLIC MEETING
IN RE: APPEAL FROM THE DECISION OF THE HISTORIC PRESERVATION
BOARD TO DENY A CERTIFICATE OF APPROPRIATENESS TO REPLACE
THREE (3) ALUMINUM WINDOWS WITH THREE (3) ALUMINUM-CLAD
WOOD WINDOWS AT 808 MAGNOLIA AVENUE, SANFORD, FLORIDA.
The City Cu,~,ission based on the clear and convincing evidence
contained in the record before the Historic Preservation Board on
May 13, 2004, at Appeal Hearing on June 14, 2004, and during
reconsideration of June 14, 2004, action on July 12, 2004, makes
the following FINDINGS OF FACT, CONCLUSIONS OF LAW, and enters the
following ORDER:
(1) That the property at 808 Magnolia Avenue, Sanford, Florida,
is subject to Schedule S of the Land Development Regulations, and
that Schedule S, Section 8.0, Standards for New Construction,
Additions and Alterations, requires that when existing windows that
are inappropriate to the style and period of the building are being
replaced that they be replaced with new windows that are
appropriate to the style and period of the building; and that
windows on additions shall have the same orientation and be of a
similar size to the existing or original windows of the principal
facade except if the addition is on the same plane as the existing
principal facade, then the windows of the addition shall match the
original windows in orientation, size, materials and configuration.
(2) That the house at 808 Magnolia Avenue was built about 1911
and that wood is the appropriate material for windows in a building
of this age because other materials such as vinyl or aluminum were
not available in 1911.
(3) That the City Commission has adopted a procedure to grant a
variance to the Standards of Schedule S provided: (A) The hardship is not self-created;
(B) The modification would not confer the applicant a
special privilege normally denied by Schedule S to
other properties in the district;
(C) The HPB may approve such application in any case
where the owner would suffer extreme hardship, not
including loss of profit, unless the certificate of
appropriateness were issued forthwith;
(D) The proposed alternative is consistent with the
architectural style of the structure;
(E) Approval of the variance will be in harmony with
the purpose and intent of Schedule S.
(4) That on May 13, 2004, the Historic Preservation Board (HPB)
denied a Certificate of Appropriateness to replace three (3)
aluminum windows with three (3) aluminum-clad wood windows on the
front facade of an enclosed porch on the house at 808 Magnolia
Avenue because aluminum windows are inappropriate to the style and
the period of the building.
CONCLUSIONS OF LAW
(1) This commission finds that the installed aluminum-clad wood
windows meet the criteria for a variance.
THEREFORE, IT IS ORDERED that the Appellant/Applicant's
request to overturn the HPB's denial is approved and the
Certificate of Appropriateness is granted.
DONE AND ORDERED this 12th day of July,
Attest:
~ City Clerk
2004.
May~r Brady Lessard
I HEREBY CERTIFY that a true copy of the foregoing has been
furnished by U.S. Mail to
Sanford, Florida 32771, this
James .~rmisch, 808 Magnolia Avenue,
day of July, 2004.
; City Clerk ~ [
EPNIII072
(5)
MINUTES
City Commission, Sanford, Florida
REGULAR MEETING JULY 12
Continue to July 26. 2004. the Anpeal of certain conditions placed on a conditional use of a gasoline service station
at 2500/2506 French Avenue (BP Gas Station). Ad published June 27, 2004, property posted June 25, 2004, applicant
notified June 18, 2004. R_~ by the Director of Planning and Development Services and the City Manager.
Commissioner Jones moved to continue the Appeal to July 26, 2004. Seconded by Commissioner Hipes and
carried by vote of the Commission as follows:
Mayor Lessard Aye
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Hipes Aye
(1)
Reconsider action of June 14. 2004, regarding the Appeal of the Historic Preservation Board's denial of a Certificate
of Appropriateness to replace three (3) aluminum frame windows with aluminum clad wood windows at 808 Magnolia
Avenue; James Ermisch, Applicant. Owner notified July 2, 2004, and property posted July 2, 2004.
Commissioner Woodruff moved to find that the alunimum clad wood windows meet the criteria for a variance
and to gram the Certificate of Appropriateness. Seconded by Vice Mayor Dr. Williams and carried by vote of the Commission
as follows:
(2)
Mayor Lessard Aye
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Hipes Aye
First re, din? of Ordinance No. 3883 annex 2.50 acres between W. 5th Street and St. Johns Parkway and between
Aero Lane and S. White Cedar Road, 251 S. White Cedar Road; Govind and Mecca Chaudhari, owners. ~
by the Development Review Team, the Director of Planning and Development Services and the City Manager.
Commissioner Jones moved to approve the first reading of Ordinance No. 3883. Seconded by Vice Mayor Dr.
Williams and carded by vote of the Commission as follows:
Mayor Lessard Aye
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Hipes Aye
(1) Proposed FY 2005 budget and tentative millage. The Commission concurred to take action at the July 26, 2004,
Meeting.
CITY ATTORNEY'S REPORT
CITY CLERK'S REPORT
(~ITY MANAGER'S REPORT
CITIZEN PARTICIPATION
CITY COMMISSIONERS' REPORTS
20O4
20
EPN 111072
MINUTES
RF~G~AR MEETING
City Commission, Sanford, Florida
JULY 12
2OO4
20_--
There being no f~rther b~siness, the meeting was adjourned at 8:25 P.M.
Attest: