Loading...
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: