100989-Regular Session386
MINU S ""
Flo~:'i'~: . :~"" '''~ °~" '~
Cilv
~ Commission. Sanford, _.,=~. .'.",- u~,.. e , ~ .. .
~, - . ...
1989
The City Commission of the City of. Sanford, Florida, met in Regular Session in the
City Hall in the City of Sanford, Florida, at 7:00 o'clock P.M% on'October 9, 1989.
Present':
Mayor-Commissioner Bettye.D. Smith
Commissioner. Whitey Eckstein
Commissioner Bob Thomas
Commissioner A.~A~ M¢Clanahan
Commissioner Lo~.H0well
City Attorney William L. Colbe,rt
City Manager. Frank.~A, Faison
Acting City ClerklPatrici.a A.. Lee
Absent:
City Clerk.~Janet~ R~ Donahoe
The meeting was called to order by the. Chairman.
The Mayor announced that the Commiss. io~Was sadden'e~.by the. news.of the. death of
Julia Robert', a bright young teenager': who had served o~ the-Youth Advisory Committe', who
was killed in an auto accident the. previous weekend.
The first item of business was' recognition:: and pres~nt~tion, of plaques of
appreciatio~ by Mayor Beetye,.' Smith, to Kay'Cull and John'.and Minn-ie'Kane"for their he-tp
with planning the Sanford' Senior Citizen Center'.. The.~:Mayor also commended them for' their
most worthwhile efforts on this behalf.
A Public Hearing was held in accordance"..with a Notice. published in the-Evening
Herald on September. 19 and 29, 1989, as follows:
September 5, 1989
NOTICE OF A PUBLIC HEARING OF PROPOSED CHANGES AND
AMENDMENTS IN CERTAIN DISTRICTS ~-"D. BOUNDARIES. OF THE
THE ZONING ORDINANCE OF THE CITY OF SANFORD', FLORIDA.
Notice is hereby given that a Public Hearing will be. held. in the
Commission Room at the City Hall in the City of Sanford, Florida,
at 7:00 o'clock P.M% on October 9, 1989, to consider, changes and
amendments to the Zoning Ordinance of the City of Sanford,
Florida, as follows:
A portion of that certain property lying
between Kennel Road and Meisch Road and
between Third Street and. Jewett Lane. is
proposed to be rezoned from AD, Agriculture
to that of RI-l, Restricted Industrial.. Said
property being more particularly described as
follows:
The West 315 ft
19, M. M. Smith's
Pages 55, of the
County, Florida.
of the South 412 ft of Blk
Subdivision Plat Book 1,
Public Records of Seminole
All parties in interest and. citizens, shall have an opportunity to
be heard at said hearing.
By order of the City Commission of the City of Sanford, Florida.
ADVICE TO THE PUBLIC: If a pe=son decides to appeal, a
decision made with respect to any matter considered at
the above meeting or hearing, he may need a verbatim
record of the proceedings, including the testimony and
evidence, which record is not provided by the City of
Sanford'. (FS 286.0105)
Publish:
September 19, and 29, 1989
Janet R. Donahoe
City Clerk
City Commission' S~f°rd, Florida ' 0ct::%er 9,
--" 587
The Chairman announced that the Commission, would hear from those persons present
to speak in favor of, or in opposition to, the. proposed rezoning. No one appeared.
Recommendations dated 9-22-89 submitted from the Planning and Zoning Commission
Me~ting of 9-21-89 as follows:
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
CITY CLERK ~
Principal Deputy Administrative Official'~%
Regularly Scheduled Meeting of the Planning and Zoning
Commission, Thursday, September 21, 1989 at 7:00 P.M. in
the City Commission Chambers, City Hall, Sanford, Florida
September 22, 1989
\ 3.
RECOMMENDATIONS
Unanimously recommended the approval of the first
Comprehensive Plan Amendment for 1990 of the Future Land Use
Concept Map of the Future Land Use element of the
Comprehensive Plan for the City of Sanford.
City Commission Public Hearing (9/25/89)
Unanimously recommended the approval of the request for a
small scale comprehensive plan amendment =o designate property
located on the east side of Kennel Road to a Regional Commerce
Land use designation of the Future Land use ConceDtmap of the
Future Lane Use Element of the Comprehensive Plan.
Owner: Howard E. Lay
Representative: Bob Seigler
City Commission Public Hearing (9/25/B9)
Unanimously recommended the request to REZONE from AD,
Agriculture to RI-l, Restricted Commercial, that property
located on the East side of Kennel Ro~d south of 3rd Street.
Owner: Howard E. Lay
Representative: Robert Seigler.
City Commission Public Hearing (10/9/89)
FOR YOUR INFORMATION
1. Unanimously approved a CONDITIONAL USE request to allow the
Building Department to approve two electrical services for'two
family units, propergy located au 800 Bay Avenue in a SR-1
zone.
Owner/representative: Phyl~ss Frage
2. Unanimously approved the SITE/ENGINEERING PLAN for DanBach,
Inc./office warehouse use located at 136 Commerce Way, RI-!
zone.
Owner: DanBach, Inc.
Representative: Dick Halsenback
3. Unanimously approved the revised SITE/ENGINEERING PLAN, an
equipment lot with outside storage and outdoor wheel suop
manufacturing for the Ensley Corporation located on the
Southeast corner of 5th Street and Cedar Avenue in a GC-2
zone. The Board of Adjustment granted a variance allowing
Ensley Corporation not to buffer the north and the west side.
Owner:- Joe W. Brooks
Representative: John Frith
BBS/yeh
On recommendation of the Planning and Zoning, Commission, Commissioner McClanahan
red to authorize the City Attorney to prepare' the proper Ordinance- to- rezone, said
p~ operty as advertised. Seconded by Commissioner Howell and carried by the vote of the
)n as follows:
Mayor Smith
Commissioner Eckstein
Commissioner. Howell
Commissioner Thomas
Commissioner McClanahan
Yea
Yea
Yea
Yea
Yea
A Public Hearing was he,id in accordance., with Notice published in the. Evening
388
MINUTES
City Commission, Sanford, Florida f]C, tflh_~r 9,
19 8.9
september 27, 1989
NOTICE OF A PUBLIC HEARING TO CONSIDER THE
ADOPTION OF AN ORDINANCE. BY THE CITY OF
SANFORD, FLORIDA
Notice is hereby given that a Public Hearing will be held in the
Commission Room at the City Hall in the City of Sanford, Florida,
at 7:00 o'clock P.M'. on October 9, 1989, to consider' the adoption
of an ordinance by the City of Sanford', Florida, title of which
is as follows:
ORDINANCE 2062
AN ORDINANCE ~F THE CITY OF SANFORD, FLORIDA.,
RELATING TO THE CODE ENFORCEMENT BOARD; AMENDING
SECTION 2-172 THROUGH 2-181 OF THE CODE OF THE
CITY OF SANFORD; PROVIDING THAT ANY CODES AND
ORDINANCES MAY BE ENFORCED BY CODE ENFORCEMENT
BOARD; DEFINING "REPEAT VIOLATION"; PROVIDING FOR
TWO ALTERNATE BOARD MEMBERS; REVISING PROVISIONS
RELATING TO MEMBERSHIP OF CODE ENFORCEMENT BOARDS;
PROVIDING AUTHORITY OF THE CODE' INSPECTOR'AND
ENFORCEMENT BOARD WITH RESPECT TO REPEAT
VIOLATIONS; PROVIDING THAT CERTAIN BOARD ORDERS
MAY BE FILED IN THE PUBLIC RECORDS OF SEMINOLE
COUNTY AND SPECIFYING EFFECT THEREOF; REVISING
PROVISIONRELATING TO SUBPOENA POWERS OF BOARD;
PROVIDING FOR FINES FOR REPEAT VIOLATIONS;
AUTHORIZING BOARD TO REDUCE FINES; REVISING
PROVISIONS RELATING TO ENFORCEMENT OF LIENS FOR
FINES IMPOSED; PROVIDING DURATION OF FINES;
REVISING TIME PERIOD AFTER WHICH FORECLOSURE IS
AUTHORIZED; EXTENDING DURATION OF LIENS; PROVIDING
FOR RECOVERY OF COSTS AND ATTORNEY'S FEES BY THE
PREVAILING PARTY IN ACTIONS TO FORECLOSE;
REVISING PROVISIONS RELATING TO DELIVERY OF
NOTICE; PROVIDING FOR SEVERABILITY, CONFLICTS'AND
EFFECTIVE DATE.
A copy shall be available at the office of the City Clerk for all
persons desiring to examine the same-.
All parties in interest and citizens shall, have an opportunity to
be'heard at said hearing.
By order of the City Commission of the City of Sanford, Florida.
ADVICE TO THE PUBLIC: If a person decides to appeal a
decision made with respect to any matter considered at
the above meeting or hearing, he may need a verbatim
record of the proceedings, including the testimony and
evidence, which record is not provided by the City of
Sanford. (FS 286.0105)
Janet R. Donahoe
City Clerk
Publish: September 29, 1989
Ordinance No. 2062, entitled:
AN' ORDINANCE OF THE CITY OF- SANFORD, FLORIDA, RELATING TO THE CODE
ENFORCEMENT BOARD; AMENDING SECTION' 2-172 THROUGH 2-181 OF THE CODE OF
THE CITY OF SANFORD; PROVIDING THAT ANY CODES AND ORDINANCES. MAY BE
ENFORCED BY CODE ENFORCEMENT BOARD; DEFINING "REPEAT VIOLATION";
PROVIDING FOR TWO ALTERNATE. BOARD MEMBERS; REVISING PROVISIONS RELATING
TO MEMBERSHIPs. OF CODE ENFORCEMENT BOARDS; PROVIDING AUTHORITY OF THE CODE
INSPECTOR AND ENFORCEMENT BOARD WITH RESPECT TO REPEAT VIOLATIONS;
PROVIDING THAT CERTAIN-BOARD ORDERS M~Y BE FILED IN THE PUBLIC RECORDS OF
SEMINOLE COUNTY AND SPECIFYING 'EFFECT THEREOF; REVISING PROVISION
RELATING TO SUBPOENA POWERS OF' BOARD; PROVIDING FOR FINES" FOR REPEAT
VIOLATIONS; AUTHORIZING BOARD TO REDUCE FINES; REVISING. PROVISIONS
RELATING TO ENFORCEMENT OF LIENS. FOR FINES IMPOSED; PROVIDNG DURATION OF
FINES; REVISING TIME PERIOD AFTER WHICH FORECLOSURE IS AUTHOR~IZED;
EXTENDING DURATION', OF LIENS; PROVIDING FOR RECOVERY OF COSTS AND
ATTORNEY'S FEES BY THE PREVAILING PARTY IN ACTIONS TO FORECLOSE; REVISING
PROVISIONS RELATING. TO DELIUERY OF NOTICE; PROVIDING FOR' SEVERABILITY,
CONFLICTS'AND. EFFECTIVE DATE.
introduced and placed on first reading at meeting, of Sept~mbe~ 25, 1989, was next', place
final reading. After being read by title, the Chairman announced that the-Commission w,
on
/id
MINUTES
City Commission, Sanford, Florida
389
19
he r from those persons present to speak in favor of, or in opposition to, the adoptionof
Orcxnance No. 2062. No one appeared.
Commissioner-Howell moved on the passage and adoption' of Ordinance No. 2062.
Sec onded by Commissioner Thomas and carried by the vote of the~ Commission as follows:
Mayor Smith
Commissioner Eckstein
Commissioner-Howell
Commissioner Thomas
Commissioner McClanahan
Yea
Yea
Yea
Yea
Yea
Thereupon, the Chairman announced that the City Commission of the City of Sanford,
Fi~ rida, had passed and adopted said. Ordinan¢:e No.. 206.2, entitled:
AN ORDINANCE OF THE CITY OF SANFORD', FLORIDA, RELATING TO THE CODE
ENFORCEMENT BOARD; AMENDING SECTION 2-172 THROUGH 2-181 OF THE CODE OF
THE CITY OF SANFORD; PROVIDING T~AT. ANY CODES, AND ORDINANCES. MAY BE
ENFORCED BY CODE ENFORCEMENT BOARD; DEFINING "REPEAT VIOLATION";
PROVIDING FOR TWO ALTERNATE BOARD MEMBERS; REVISING PROVISIONS RELATING
TO MEMBERSHIP OF. CODE ENFORCEMENT BOARDS; PROVIDING AUTHORITY OF THE
CODE INSPECTOR AND ENFORCEM,~NT BOARD WITH RESPECT TO REPEAT VIOLATIONS.;
PROVIDING THAT CERTAIN BOARD ORDERS MAY BE! FILED IN THE PUBLIC RECORDS
OF SEMINOLE. COUNTY AND SPECIFYING EFFECT THEREOF,; REVISING PROVISION
RELATING TO SUBPOENA POWERS OF. BOARD~; PROVIDING FOR~ FINES FOR REPEAT
VIOLATIONS; AUTHORIZING BOARD TO REDUCE FINES; REVISING PROVISIONS
RELATING TO ENFORCEMENT' OF-LIENS FOR FINES IMPO~S~D; PROVIDNG. DURATION. OF
FINES; REVISING TIME PERIOD AFTER WHICH FORECLOSURE IS AUTHORIZED;
EXTENDING DURATION OF LIENS; PROVIDING FOR RECOVERY OF COSTS AND
ATTORNEY'S FEES BY THE. PREVAILING PARTY' IN ACTIONS. TO FORECLOS:E;
REVISING PROVISIONS RELATING TO DELIVERY OF NOTICE; PROVIUING. FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
The Commission next consider.ed a request' from-William.Gatchell d/b/a/ The Family
.ertainment Center., for a game: room license-at 980 State~ Street, in. Sanford Plaza.. Mr.
Ga :chell had previously submitted an executed application, together with the
Co
/Stipulations Form, and No Loiterin~/Trestrassing Form.
Commissioner Thomas moved to apurove said request. Seconded by Commissioner
Mc~lanahan and carried by the vote of the Commission' as follows-:
Mayor Smith
Commissioner Eckstein
Commissioner Howell
Commissioner Thomas
Commissioner McClanahan
Yea
Yea
Nay
Yea
Yea
The Mayor further noted that should the.'Police Department receive', complaints that
had become a public nuisance, or had violated any of the Conditions/Stipu.lations, that
license would, be revoked..
Commissioner Thomas moved to authorize the. Mayor to execute the Conditional
xgnment of General Sanford Estates Tri-Party Utility Agreements. Seconded by
~er McClanahan and carried by the vote' of the Commission-as follows,:
Mayor Smith
Commissioner Eckstein
Commissioner Howell
Commissioner Thomas
Commissioner McClanab~n
Yea
Yea
Yea
Yea
Yea
Commissioner McClanahan moved to re-appoint: Irma Dangleman and. Alfreda Wallace to
Henry Shelto~ Sanford Memorial. Library-Museum Board with terms:, to expir~. November 4,
92. Seconded by Commissioner Thomas and carried by the vote of the Commission as
llows:
Mayor Smith
Commissioner Eckstein
Commissioner Howell
Commissioner Thomas
Yea
Yea
Yea
Yea
3 9 0 MINUTE S
City Commission, Sanford, Florida
October 9,
1989
Commissioner Thomas moved to reappoint Turner Clayton~, Jr. to the,. Human Relati(
Aduisory Board, with a term to expire. Decembe<. 31, 1992. Seconded by' Commissioner. How~
and carried, by the. vote of the. Commission' as follows.-:
Mayor Smith
Comm~issioner Ecks~ein
Commissioner Howell
Commissioner Thomas
Commissioner McClanahan
Yea
Naye
Yea
Yea
Yea
The. Commission' took no action concerning-appointments to the Public Employ.
Relations Commission (PERC).
Commissioner, Thomas mowed to appoint Melvin Be. llange< and Bennie: Alexander. to
Goldsboro CDBG Citizen' Advisory Committee.. Seconded by Commissi.on~.r McClanahan and cart
by the vote of the Commi.ssio~ as follows':
Mayor Smith
Commissioner Eckstein
Commissioner Howe~ll
Commissioner. Thomas
Commissioner McClanahan
Yea
Yea
Yea
Yea
Yea
On motion of Commissioner. Howell, seconded, by Commissioner Thomas and carried
the vote of the Commission as. follows:
Mayo'r Smith
Commissioner Eckstein
Comm-issioner Howell
Commissioner Thomas
Co~i.ssioner McClanahan
Yea
Yea
Yea
Yea
Yea
Ordinance No. 2063, entitled:
AN ORDINANCE OF THE CITY OF SANFORD', FLORIDA, AMENDING
ORDINANCE NO. 1990 OF SAID CITY; SAID. ORDINANCE BEING A ZONING
PLAN; SAID AMENDMENT CHANGING THE ZONING O~' A PORTION~ OF THAT
CERTAIN PROPERTY BETWEEN 18TH STREET AND 19TH STREET EXTENDED
EASTERLY AND BETWEEN MULBERR~ AVENUE AND. S.C.L. RAILROAD RIGHT-
OF-WAY FROM-SR-1 (SINGLE FAMILY DWELLIN.G, RESII1ENTIAL) DISTRICT
TO MR-2 (MULTIPLE-FAMILY RESIDENTIAL) DISTRICT; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE..
was introduced and placed on first reading..
On motion of Commissioner Thomas, seconded by'.Commissioner Eckstein and carried
the vote of the Commission' as follow.s:
Mayor Smith
Commissioner Eckstein
Commissioner Howell
Commissioner Thomas
Commissioner McClanahan
Yea
Yea
Yea
Yea
Yea
Ordinance No. 2064~ entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING,
VACATING, AND ABANDINGING A PORTION OF A NORTH-SOUTH AND A
PORTION. OF AN EAST-WEST STREET RIGHT-OF-WAY LYING BETWEEN
UPSALA ROAD AND CENTRAL PARK DRIVE AND. BETWEEN STATE ROAD 46
(WEST lST STREET) AND OLD MONROE. ROAD; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
was introduced and. placed on first reading.
On~ motion of Commissioner Thomas, seconded by Commissioner Howell and carried
the vote of the Commission as follows:
ns
~s
he
by
by
by
MINUTES
City Commission, Sanford, Florida October 9,
1~69
Mayor Smith
Commissioner Eckstein
Commissioner Howell
Commissioner Thomas
Commissioner McClanahan
Yea
Yea
Yea
Yea
Yea
Ordinance No. 2065, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING
ORDINANCE 1893 OF SAID CITY. SAID ORDINANCE. BEIN6 A
COMPREHENSIVE PLAN; AMENDING THE FUTURE LAND USE' PLAN. ELEMENT
TO PROVIDE A SMALL-SCALE COMPREHENSIVE PLAN~ AMENDMENT TO
DESIGNATE PROPERTY ON THE EAST SIDE~ OF KENNEL ROAD TO A
REGIONAL LAND USE DESIGNATION; PROVIDING FOR SEVERABILITY,
CONFLICTS AND EFFECTIVE DATE.
was introduced and placed, on first reading.
On motion of Commissioner Howell, seconded by Commissioner Eckstein and carried by
the vote of the Commission as follows:
Mayor Smith
Commissioner Eckstein
Commissioner HoweT1
Commissioner Thomas
Commissioner McClanahan
Yea
Yea
Yea
Yea
Yea
Ordinance No. 2066., entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA., ~MENDIN6 CHAPTER
2, ARTICLE XIII - HISTOKIC PRESERVATION ORDINANCE BY AMENDING
SECTION 2-203 OF THE SANFORD CITY CODE; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
was introduced and placed on first reading.
On motion of Commissioner~ McClanahan, seconded by Commissioner Thomas and carried
by the vote of the Commission as follows:
Mayor Smith
Commissioner Eckstein
Commissioner Howell
Commissioner Thomas
Commissioner McClanahan
Yea
Yea
Yea
Yea
Yea
Ordinance No. 2067, entitled:
AN ORDINANCE' OF THE CITY OF SANFORD, FLORID'A, AMENDING
ORDINANCE NO. 1688 AS AMENDED BY ORDINANCE 1850 PROVIDING FOR
AN AMENDED PENSION. PLAN FOR, OLICE OFFICERS TO INCREASE BENEFIT
RATES' FROM 2.60% TO 2.75% AND TO PROVIDE MINIMUM CITY
CONTRIBUTIONS; PROVIDING FOR. SEVERABILITY, CONFLICTS AND
EFFECTIVE DATE.
was introduced and placed on first reading.
On motion of Commissioner McClanahan, seconded bY Commissioner Howell and carried
by the vote of the Commission as follows":
Mayor Smith
Commissioner Eckstein
Commissioner Howell
Commissioner Thomas
Commissioner McClanahan
Yea
Yea
Yea
Yea
Yea
Ordinance No. 2068, entitled:
AN ORDINANCE OF THE CITY OF
ORDINANCE 1689 TO PROVIDE FOR
RETIREMENT BENEFIT FROM. 2% TO
CONTRIBUTION:S; PROVIDING FOR
EFFECTIVE DATE.
SANFORD', FLORIDA., AMENDING
AN INCREASE IN THE MONTHLY
2.1% hND. TO OBTAIN MINIMUM
SEVERABILITY, CONFLICTS AND
MINUTES
City Commission, Sanford, Florida
October ?, 19 89
was introduced and placed on ~irst reading.
Commissioner Thomas moved to authorize preparation of change order to Speegl6
Construction, Inc. contract, to extend reclaimed water distribution system along Old. Lake
Mary Road. to the Groveview area, with estimated construct.ion cost in amount of $340,540.50.
Seconded by Commissioner McClanahan and carried by the vote of the Commission' as follows:
Mayor Smith
Commissioner EckStein
Commissioner Howell
Commissioner Thomas
Commissioner McClanahan
Commissioner Howell requested that
Yea
Yea
Yea
Yea
Yea
discussion' of two regulatory ordinances
Convenience Store personnel requirements and demolition' of "crack" houses, be referred t
the Workshop Meeting on Monday, October 16, 1989.
On recommendation of the City Manager, Commissioner Thomas moved to authorize
payment of statement from City Attorney for Professional Services on Water and SeweI
Revenue Bond Issue, Series 1989; and payment of vouchers for the. month of. September, 1989
Seconded by Commissioner McClanahan and carried by the vote of the Commission as follows'
Mayor Smith
Commissioner Eckstein
Commissioner HoweLl
Commissioner Thomas
Commissioner McClanahan
Yea
Yea
Yea
Yea
Yea
The next- item of discussion was consideration of a request from Board of Trustee~
of the Firefighter's Retirement-System to raise employee deduction from 3.6% to 4.6%
Commissioner Thomas.moved to approve the employee dedu'ction and authorize the City Attorne~
to prepare the proper ordinance for same. Seconded by Commissione~r McClanahan and carried
by the vote of the Commission as follows:
Mayor Smith
Commissioner Eckstein
Commissioner Howell
Commissioner Thomas
Commissioner McClanahan
Yea
Yea
Yea
Yea
Yea
The next item of discussion was the consideration of an appeal from Crestar
Mortgage Corporation of the City Manage='s denial of use. of. property at 400, 409, 411 and
415 South Palmetto Avenue for multi-family purposes. The City Manager gave. a brief
synopsis of the events leading to the denial., and stated that the owner, J.L. Alexander
voluntarily submitted an "Affidavit of Relinquishment and Cancellation of Occupational
Licenses" on' July 17, 1989, thereby surrendering-the multi-family occupational licenses
The City Manager submitted an opinion letter from the City' Attorney as follows:
STENSTROM. MoINTOSH. JIJLLA/~. COLBERT, VO/IG~LA/~ ~ SIM/ViONS, P.A.
ATTORNEYS AND COUNSELLORS AT LAW
October 5, 1989
~'~C£1VED
OOT 05 1 89
OITY OF SANFORD
-~ANFORD, FLORIDA ::~277~a-1330
HAND DELIVER
Mr. Frank Faison
City Manager, 'City of Sanford
P.O. Box 1778
Sanford, Florida 32772-1778
Re: Nonconforming Uses
MINUTE S !
City Commission, Sanford, Florida
October
393
Dear Prank
We have now had the opportunity to research the four issues
raised in your recent memorandum. An in depth legal memorandum
is attached to this letter and it discusses in detail the issues
as a court might view them.
Nonconforming use is addressed, in Schedule "L" of the City Code.
Section 1.1(B)(3) provides that a nonconforming use "shall not,
if discontinued for a period of six (6) months, be established or
re-established .... " This six month limitation was established
by' Ordinance and can be amended by the City Commission by
Ordinance.
If a six-month period of non-use occurs, the owner loses the
right to~ resume or re-estAblish a nonconforming use on the
premises. This is true-regardless of the owners intent or the
'reason for the period of non-use. Once the six-month period of
non-use occurs, an owner's"' only recourse i~ to apply for a
variance: the right to the use would have expired. The City
commission can, as a matter of policy, say that time is the only
factor to be considered. '
On the other hand, there is a legal principle and a series of
cases that say that intent and an~ overt act of non-use
constitutes a complete' abandonment of the nonconforming Ese.
Under this line of reasoning, time is immaterial and the right to
the use expires at the moment o--~bandonment. This principle is
discussed in detail in the attached memorandum.
Applying this principle to the facts discussed in your memo, the
City's position would be that the owner's affidavit coupled with
the surrender of the occupational license and the vacating of the
premises constitutes a complete act of abandonment. The right to
the use of the property for multi-family purposes would have
expired without regard to the six-montE time period.
In our opinion, the City can say, as a matter of policy, that it
will consider intent and overt acts of non-use in determining
abandonment of nonconforming uses in addition"to the six-month
period. In other words, if non-use is for a period of six-
months, intent is immaterial; if'non-use is for less than si~
months, intent will be considered in determining whether or not a
noncQ~fo~ming use has been abandoned.
The decision on which approach to take is a matter of policy to
be determined by the City Commission. Holding to a strict
adherence to the six-month requirement would probably be less
subject to legal challenge. There is legal precedent for
considering intent and, if the Commission adopts this view, we
can defend it. There are inherent risks in all litigation and no
attorney can guarantee the outcome. This case is no different.
Based on the foregoing, we recommend submitting the policy issue
and the recent appeal by the mortgage company to the City
Commission for review and final determination.
If I may be of further assistance, please call.
Sincerely,
STENSTROM, McINTOSH, JULIAN
COLBE~WHIGHAM & SIMMONS P.A.
enclosure
Commissioner Howell moved to deny the app'eal. Seconded by Commissioner Eckstein
carried by roll call vote of the Con~nission' as follows:
Mayor Smith
Commissioner Eckstein
Commissioner Howell
Commissioner Thomas
Commissioner McClanahan
Yea
Yea
Yea
Yea
Nay
MINUTES
City Commission, Sanford, Florida
19
The next' item. of business.was consideration of a request from Irving Feinberg f¢
right-of-way use permit for off-street parking on Laurel Avenue between Commercial Stre~
and Fulton Street and~ Commercial Street between Laurel Avenue and. Elm Avenue; and f~
Fulton Street be~we:en Laurel Avenue an~ Elm Avenue, for retention purposes. The Ci~
Manager submitted a Memo from the Director of Engineering and Planning, as follows:
October 3, 1989
MEMORANDUM
TO:
FROM:
City Manager~
Director of Engineering and Planning
SUBJECT: Crown Square - Request for Right-of-Way Use Permit
For Off-Street Parking
Mr. Faison:
.Mr. Irving Feinberg has requested use of a portion of the rights-
of-w~y of Laurel Avenue and Commercial Street which abut his
property known as Crown Square. (A similar right-of-way use
request was granted on a one time basis approximately one year ago
in conjunction with possible outlease of the facility to Florida
HRS. This utilization did not materialize.) Mr. Feinberg has
presented a proposed layout for the utilization of the right-of-
way requested as a part of the required off street parking.
Based on present traffic loadings on the streets involved, and
absence of any plan for widening of these streets, it is
recommended that City Commission favorably consider grantipg the
requested right-of-way use permit.
The proposed layout for parking and overall site plan
considerations have not been reviewed by Planning and Zoning
Commission. The layout submitted with Mr. Feinberg's letter does
not appear to be in compliance with the City Land Development
Regulations, however, I believe suitable alternatives can be
developed. It is therefore recommended that if the City Commission
approves the requested right-of-way use permit, that the approval
be given with the clear indication that a suitable site plan and
parking layout must be developed and approved by Planning and
Zoning Commission. Similarly, drainage design considerations must
meet required engineering criteria included in the Land Development
Regulations.
WAS:mca
xc: Land Development Coordinator
Engineering Technician
Commissioner Thomas mowed
recommendations/stipulations contained in
to approve the. request in
the foregoing~ memo. Seconded
Howell and carried by the vote of the. Commission~ as. follows:
accordance wi
by Commission
Mayor Smith
Commissioner Eckstein
Commissioner Howell
Commissioner Thomas
Commissioner McClanahan
Yea
Yea
Yea
Yea
Yea
Commissioner Thomas' moved to app'rove the. following time, extension requests f
repairs on Condemnations, with the stipulation that they be reinspected in 30 days by sta
and a progress report submitted to the City Commission at that time.:
,r
~r
.y
h
)r
MINUTES
City Commission, Sanford, Florida O£t0ber 9,
19 89
Be
De
Ee
Condemn'ation Report No. 89-6, 718 Celery Avenue, Mary Johnson, owner, additional
time requested to complete work.
The Commission authorized 30 day time extension~.
Condemnation Report No. 89-8, 1109 Willow Avenue, Morris G. & Mary F. Martin,
owners, additional time requested to complete, sale of property.
The Commission authorized 60 day time~. extmnsion' to demolish or repair.
Condemnation Report No. 89-9, 501 Celery Avenue, Mary Addison, owner, 90 days
requested to complete sale of property.
The Commission authorized 90 day time. extension' to complete repairs.
Condemn'ation Report No. 89-14, 1010 Orange' Avenue, Ma~y Addison, owner, 30 days
requested to complete sale of property.
The Commission authorized 60 day time extension' to sell the. property and' have
repairs completed, or demolish..
Condemnation Report No. 89-27, 1118 West 14th Street,
to 90 days requested to complete repairs.
The Commission authorized 90 day time extension.
Charlie Beasley,
owner, 60
Condemnation Report' No. 89-12, 1120 Orange Avenue~ Gary & Betty Williams., owners,
60 to 90 days requested to complete repairs.
The Commission authorized 60 day time extensio~ to complete repairs.
Condemnation Report-No. 89-19, 1415 West 12th Street', Limmie Jordan Heirs/Margaret
Simmons, owner, 60 to 90 days requested to repair.
The Commission authorized 60 day time extension to. repair.
Condemnation Report' No. 89-20, 1018 Jessamine Avenue, Jackie & Jimmy Blacksheare,
owners, time extension' requested until eligibility for Rental Rehab funding
assistance is determined.
The Commission authorized 60 day time, extension for-completion' of rehabilitation.
I. Condemnation Report No.. 89-23, 1006~ West 13th Street, Mary W. Smith, owner, time
extension requested until eligibility for Rental Rehab funding assistance is
determined.
The Commission authorized 60 day time extension' for completio~ of rehabilitation.
Seconded by Commissioner Howell and carried by the. vote of.-the Commission as.follows:
Mayor Smith
Commissioner Eckstein
Commissioner HoweT1
Commissioner Thomas
Commissioner McClanahan
Yea
Yea
Yea
Yea
Yea
396 MINUTES
City Commission, Sanford, Florida
19
Commissioner McClanahan moved to authorize extension to January 1, 1990, for
Condemnation Report No. 89-15, 2018 Mellonville Avenue, Sara Jacobson, extension requested
to complete repairs. Seconded by Commissioner. Howell and carried by the vote of the
Commission as follows:
Mayor Smith
Commissioner Eckstein
Commissioner Howell
Commissioner Thomas
Commissioner McClanahan
Yea
Yea
Yea
Yea
Yea
Commissioner Howell moved to authorize 60 day extension on Condemnation Report No.
89-16, 1104 Willow. Avenue and Condemnation Report' No. 89-21, 1206 Oleander Avenue, George
and Elmira Hall, for completion: of repairs.
by the vote of the Commission: as follows:
Mayor Smith
Commissioner Eckstein
Commissioner Howell
Commissioner Thomas
Commissioner McClanahan
Seconded. by Commissioner Eckstein and. carried
Yea
Yea
Yea
Yea
Yea
Commissioner Thomas moved to appoint Heather. Pegr'am,
Dickison, and Cindi Merriweather to the Youth Advisory Committee.
Eckstein and carried by the vote of the Commission as follows':
Mayor smith
Commissioner Eckstein
Commissioner Howell
Commissioner Thomas
Commissioner McClanahan
Yea
Yea
Yea
Yea
Yea
Lance Abney, Stephen
Seconded by. Commissioner
Commissioner Thomas moved to authorize Mayor to execute Interlocal Agreement with
Seminole County for $170,000 FY 88-89 CDBG Housing Rehab Funding. Seconded by Commissioner
McClanahan and carried by the' vote of the Commission' as follows:
Mayor Smith
Commissioner. Eckstein
Commissioner Howell
Commissioner Thomas
Commissioner. McClanahan
Yea
Yea
Yea
Yea
Yea
Commissioner McClanahan moved to authorize Mayor to execute Interlocal Agreement
with Seminole County for future participation in County Program. Seconded by Commissioner
Thomas and carried by the vote of the Commission as follows':
Mayor Smith
Commissioner Eckstein
Commissioner Howell
Commissioner Thomas
Commissioner McClanahan
Yea
Yea
Yea
Yea
Yea
On motion, of Commissioner. McClanahan, seconded by Commissioner Thomas and carried
by the vote of the Commission-as follows':
Mayor Smith
Commissioner Eckstein
Commissioner Howell
Commissioner Thomas
Commissioner McClanahan
Yea
Yea
Yea
Yea
Yea
Resolution No. 1569 was read in full and adopted'. Said Resolution being in word's and
figures as follows'-:
MINUTES 3 9 7
City Commission, Sanford, Florida
October 9,
RESOLUTION NO. 1569
A RESOLUTION OF THE CITY OF SANFORD, FLORIDA,
APPROVING ENTERING INTO AN INTERLOCAL
COOPERATION AGREEMENT WITH SEMINOLE COUNTY,
FLORIDA, FOR THE PURPOSE OF TERMINATING
PARTICIPATION IN THE COMMUNITY DEVELOPMENT
BLOCK GRANT ENTITLEMENT PROGRAM.
Florida,
entering
R~EREAS, the Commission of the City of
during its meeting of October 9, 1989,
into an interlocal cooperation agreement with
Sanford,
approved
Seminole
County, Florida for the purpose of participating in the Community
Development Block Grant Entitlement Program; and
~EREAS, participation in this Program is in the
interest of the residents of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE PEOPLE OF THE
CITY OF SANFORD, FLORIDA:
SECTION I: That the Commission authorizes the
execution of the inter!ocal cooperation agreement by the Mayor.
PASSED AND ADOPTED this 9 th day of October , A.D.
1989.
ATTEST:
ACTING CITY CLERK
MAYOR ,../
/ /
/As' '~he City'66~i~on ~t 'the City
of Sanford, Florida.
a
Commissioner Thomas
[ditions/changes to Wastew.ater TreatmeNt Plant Improvements.'
moved to authorize Change Order in amount of $60,428.02, for
Seconded by Commissioner
:Clanahan and carried by the vote of the Commission as follows::
Yea
Yea
Yea
Yea
Yea
Mayor Smith
Commissioner Eckstein
Commissioner Howell
Commissioner Thomas
Commissioner McClanahan
1989
MINUTES
City Commission, Sanford, Florida
19__
Commissioner McClanahan moved to approve payment of Invoices and Minutes of August
28, 1989, as follows:
(1) From Sunshine Building: & Dev~_.~p..~fo~;~,OO~str~ct'iQ.n. of Vacuum and Gravit,
System Lift Stations and Force Mains,- Contract 2 ................. $76,048.2(
(2) From Jammal and Assoc. for Soil & Const'. Materials Testing Services for W~
Trtmt. Pl. & Reel.. Water Disk. Sys ................................ $ 4,642.8~
(3) From Burke, Bales & Mi!~s Assoc., Inc. for' Cultural Arts Center Consultin
En~. Services.~ .................................................... $ 1,000.0~
(4) From Meredith Corp. for installation: of potable water well at Twin Lake;
Wellfield ......................................................... $52,560.0~
(5) From Elkins Constructors-, Inc. for ~, Trtmt. Pl. Improvements ..... $200,556.8
(6) From Sanford Irrigation., Inc. for Reuse Irrigation System - City Parks
.................................................................. $11,183.6
Seconded by Commissioner Thomas and carried by the vote of the Commission' as follows:
Mayor Smith
Commissioner Eckstein
Commissioner Howell
Commissioner Thomas
Commissioner McClanahan
Yea
Yea
Yea
Yea
Yea
Commissioner McClanahan moved to authorize the Mayor to send a letter to HUD i~
Jacksonville to aid in endorsing a professional management concept' for the Sanford Housir
Authority. He further stated that a professional management firm would enable the Housir
Authority to be independent and professional, in its operation. Seconded by Commissione
Eckstein and carried by the vote of the Commission as follows":
Mayor Smith Yea
Commissioner Eckstein Yea
Commissioner Thomas Naye
Commissioner Howell Yea
Commissioner McClanahan Yea
The Mayor announced that the American
Legion had given the City of Sanford a
award for employing the. disabled, and that the Commission was proud of the designation.
C.B. Franklin, 1014 Pecan Avenue, appeared and requested a waiver of Cot
Enforcement Board Report No. 89-040 in amount of $160.00. Commissioner Howell moved
waive said fine/lien in amount of $160.00.
the vote of the Commission as follows:
Mayor Smith
Commissioner Eckstein
Commissioner Howell
Commissioner Thomas
Seconded by Commissioner Thomas and carried
Yea
Yea
Yea
Yea
MINUTES
City Commission, Sanford, Florida
October 9,
"' F
,~ommx ssioner McClanahan
Yea
Mr. Franklin further requested that the City improve the drainage~ conditions at
:he intersection of 13th Street and Mangoustine Avenue. Conmuissioner Howell requested the
2ity Engineer meet with Mr. Franklin and make recommendations to the City Commission for
~emedial action.
Ned Yancey, 2100 Cordova Drive, appeared and asked the Commission to help clean up
3is neighborhood, namely Cordova Drive, Colonial Way, Coronado Concourse and Amelia Avenue,
.nd that some. criminal, mischief in
,eekend. The City Manager stated
ituation.
the form of spray painting had. taken, place over the
he would have the. Public Works Director look into the
There being no further business, the meeting was adjourned.
Attest:
MAYOR