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041392-Regular Meeting MINUTES. City Commission, Sanford, Florida April 1~, 299 1992 The City Commission of the City of Sanford, Florida met in Regular Meeting on Monday, April 13, 1992 at 7:00 o'clock P.M. in the City Commission Room, City Hall, Sanford, Florida. Present: Mayor~Commissioner Bettye D. Smith Commissioner Whitey Eckstein Commissioner Robert B. Thomas Commissioner A. A. McClanahan Commissioner Lon Howell Assistant City Attorney Donna L. McIntosh City Manager William A. Simmons City Clerk Janet R. Donahoe Absent: City Attorney William L. Colbert The Chairman called the meeting to order. Presentation regarding "Tree City USA". Kris Strine, Secretary, Scenic Improvement Board, appeared and presented a five,year "Tree City USA" plaque to the Mayor and City Commission. Public Hearing to consider an Appeal of the Denial of an Conditional Use for a Two-Family dwelling use of property at 400 South Palmetto Avenuew as advertised in the Sanford Herald on April 2w 1992. City Clerk reported that public hearing notice was posted, and owner was notified on April 2, 1992. Assistant City Attorney reported that the City Commission will be reviewing an issue previously heard before the Planning and Zoning Commission several weeks ago. She introduced John Howell, attorney of record for Richard Casselberry, applicant, and stated that because the Planning and Zoning Commission did not make specific findings of fact upon which their decision was based, she and Mr. Howell have agreed and entered into a joint stipulation that the City Commission will make specific Findings of Fact, Conclusions of Law and enter a Final Order, which shall be considered final agency action on the request for Conditional Use Permit. The City Commission has this authority under Sec 3.6(d) of the City Code. The Commission's review will be limited to the documents introduced into evidence and the transcript of the hearing before the Planning and Zoning Commission Meeting, and will be exclusively limited to issues raised at the Planning and Zoning Board hearing and the facts introduced at said hearing. Also, no individuals in the audience will be permitted to appear before the Commission to raise new issues or introduce new facts. Attorney Howell was advised that he should raise any objections he may have to comments and observations from the public participation. Attorney McIntosh would do the same. John Howell, Logan, Muns, Muns, 250 North Orlando Avenue, Orlando, Florida, representative for Richard Casselberry, applicant, appeared and reviewed the evidence and testimony previously presented at the Planning and Zoning Commission Meeting. The Chairman announced that the Commission would hear from those persons present to speak regarding said appeal. The following individuals appeared before the Commission: Bob Cassels, 709 Oak Avenue, appeared in opposition to the conditional use. Liz Williams, 415 Palmetto Avenue, President, Neighborhood Watch, appeared in opposition to the conditional use. Warren Skipper, 207 East 10th Street, President, Sanford Historic Trust, appeared in opposition to the conditional use. Michele Otero, 409 Palmetto Avenue, appeared in opposition to the conditional use. Oswaldo Otero, 409 Palmetto Avenue, appeared in opposition to the conditional use. 3OO MINUTES City Commission, Sanford, Florida Mayor Smith asked for a show of hands from those individuals in the audience who were opposed to the conditional use. Mayor Smith asked for a show of hands from those individual in the audience who were in favor of said request. Mr. Howell discussed some of the comments and observations made by persons appearing in opposition to the conditional use. The Commission reviewed the testimony and evidence contained in the record created before the Planning and Zoning Board, and concluded that the property located at 400 South Palmetto did nOt meet setback requirements pursuant to Section 3.7 (b)(1), Land Development Regulations, for the requested Conditional Use, and that the location and configuration of the requested Conditional Use is adverse to the public interest of the City of Sanford. Commissioner Howell moved to deny request for conditional use for property located at 400 South Palmetto Avenue, and to adopt the Findings of Fact, Conclusions of Law, and Order attached hereto and made a part of these Minutes as fully and completely as though same were set forth in these Minutes. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Public Hearing to consider closing, vacating and abandoning a portion of Jessamine Avenue lying between West Second Street and West Third Street, as advertised in the Sanford Herald on March 30, 1992. City Clerk reported that property owners were notified on March 25, 1992. The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the street closing. No one appeared. City Manager reported that ownership has apparently changed since the petition was filed, that City Clerk has been unable to contact the new owner to insure commitments previously made are in effect, and recommended that the Commission table consideration of the street closing, pending notification and discussions with current property owner. On recommendation of City Manager, Commissioner McClanahan moved to table consideration of street closing, pending notification and discussions with current property owner. Seconded by Commissioner Howell and carried by the vote of the Commission. Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Public Hearing to consider second reading and adoption of Ordinance No. 3106, as advertised in the Sanford Herald on March 27, and April 3, 1992. Ordinance No. 3106, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, UPON ADOPTION OF SAID ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN FERN DRIVE EXTENDED WESTERLY AND JONES AVENUE EXTENDED WESTERLY AND BETWEEN SANFORD AVENUE AND AMERICANA.BOULEVARD, IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. MINUTES City Commission, Sanford, Florida April 13, 301 1992 introduced and placed on first reading at meeting of March 23, 1992, was next placed on second reading. After being read by title, the Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition, proposed Ordinance No. 3106. William Miller, 108 Robin Road, Altamonte Springs, representative for property owner, appeared and requested adoption of Ordinance No. 3106 as presented. Commissioner Thomas moved on the second reading and adoption of said Ordinance No. 3106. Seconded by Commissioner McClanahan and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Public Hearing to consider First Annual Comprehensive'PlanAmendment for 1992, as advertised in the Sanford Herald on April 6, 1992. The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the First Annual Comprehensive Plan Amendment for 1992. Jay Marder, Director of Planning and Development, appeared and reported that 10 sites are proposed to be amended in the Plan Amendment including the change from "general rural" to "suburban estates", and from one dwelling unit per five acres to one dwelling unit per one acre. Director of Planning and Development recommended adoption of the First Annual Comprehensive Plan Amendment for 1992, with changes as set forth in Staff's Report dated April 10, 1992, and transmittal of said Plan to the Department of Community Affairs for review/comments. Also, the second public hearing will be held in July or August, pending said review/comments by the Department of Community Affairs. Recommendation Submitted from Planning and Zoning Commission to adopt First Annual Comprehensive Plan Amendment for 1992. Public Hearing to consider rezoning a portion of property between Fern Drive extended · westerly and Jones Avenue extended westerly and between Sanford Avenue and Americana Boulevard from AG, Agriculture, to MR-i, Multiple-Family Residential, as advertised in the Sanford Herald on March' 24w and April 3w 1992. The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed rezoning. William Miller, Suda, Inc., applicant, appeared and requested that the Commission approve said rezoning as recommended by the Planning and Zoning Commission. Recommendation Submitted from Director of Planning and Development to approve said rezoning; and Recommendation submitted from Planning and Zoning Commission to approve said rezoning. On recommendation of Planning and Zoning Commission, Commissioner McClanahan moved to authorize City Attorney to prepare the proper ordinance to rezone property as requested. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: 302 MINUTES City Commissiom Sanford, Florida April 13, 19 92 on recommendation of Planning and Zoning Commission, and Director of Planning and Development, Commissioner Thomas moved to adopt First Annual Comprehensive Plan Amendment for 1992, with changes as set forth in Staff's Report dated April 10, 1992, to forward said Plan to the Department of Community Affairs, and to place Ordinance No. 3108 on first reading. Ordinance No. 3108, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 1893 OF SAID CITY. SAID ORDINANCE BEING THE COMPREHENSIVE PLAN, PROVIDING FOR REVISED COMPREHENSIVE PLAN; PROVIDING FOR GOALS, OBJECTIONS, AND POLICIES OF LAND USE ELEMENTS, TRAFFIC CIRCULATION ELEMENT, HOUSING ELEMENT, PUBLIC FACILITIES ELEMENT WHICH INCLUDES SANITARY, SEWER, SOLID WASTE, POTABLE WATER, DRAINAGE, AND AQUIFER RECHARGE, CONSERVATION ELEMENT, RECREATION AND OPEN SPACES ELEMENT, INTER-GOVERNMENTAL COORDINATION ELEMENT, CAPITOL IMPROVEMENT ELEMENT, AND PROVIDING FOR GENERAL MONITORINGAND EVALUATION CRITERIA; PROVIDING FOR CODIFICATION, SEVERABILITY, CONFLICT AND EFFECTIVE DATE. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Presentation by the Sanford Historic Trust regarding the Master Plan for "Old Sanford". Commissioner Eckstein reported that he spoke with Mr. Skipper Wednesday night regarding the Andres Duany Project, and received a letter regarding same from Kay Bartholomew. Mayor Smith reported that she spoke with Mr. Skipper as well to clarify what would be discussed aLtonight's meeting. Warren Skipper, President, Sanford Historic background information regarding the Andres Duany Project. Trust, appeared and presented He requested that the Commission authorize the City Planner and the Historic Preservation Board to work with the Sanford Historic Trust to review the Preliminary Draft Master Plan and Urban Regulations for "Old Sanford", to determine how said Plan and Regulations can be incorporated into the existing City Codes in a manner acceptable to the City and the citizens of Sanford. Commissioner Howell moved to authorize Staff and the Historic Preservation Board to work with the Sanford Historic Trust to review the Preliminary Draft Master Plan and Urban Regulations for "Old Sanford", to determine how said Plan and Regulations can be incorporated into the existing City Codes in a manner acceptable to the City and the citizens of Sanford. Seconded by Commissioner Thomas carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Request from Ken Whitmarsh, for waiver of required paved parking at 3851 Orlando Drive. On recommendation of City Manager, Commissioner Howell moved to approve waiver of required paved parking, for tenure of Mr. Whitmarsh's lease, and with conditions as outlined in Land Development Coordinator's memo dated March 16, 1992. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye MINUTE'S City Commission, Sanford, Florida Amril 13, 1992 Request from Dick Buck, for waiver of required paved parking at 1200 South Sanford Avenue. On recommendation of City Manager, Commissioner McClanahan moved to approve waiver of required paved parking as requested and shown on parking plan as submitted with letter from Dick Buck dated March 9, 1992. the Commission as follows: Seconded by Commissioner Howell and carried by the vote of Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Request from Lars J. Ericksson, President, Crankshaft Rebuilders, In¢, for temporary closure of west 700 feet of Albright Road. On recommendation of City Manager, Commissioner Howell moved to approve installation by Mr. Ericksson of temporary gate, with understanding and conditions as outlined ih City Manager's memo dated March 27, 1992. Seconded by Commissioner McClanahan and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Request from Dr. HershOne, Director, Loch Lowe Preparatory SchOol, for waiver of required paved parking and drivelanes at Loch Lowe Preparatory School. On recommendation of City Manager, Commissioner Howell moved to approve waiver of required paved parking and drivelanes, until construction of third phase (classrooms) is completed. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye CommissiOner McClanahan Aye CommissiOner Howell Aye Request from Noel Cameron, for waiver of required paved parking and drivelane at 405 East Celery Avenue. On recommendation of City Manager, Commissioner Thomas moved to approve waiver of required paved parking spaces, and to approve one-year waiver of required paved Seconded by Commissioner McClanahan and carried by the vote of the Commission as drivelane. follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Request from Sica Nacu, for use of Oak Avenue right-of-way for two required parking spaces at 1011 Oak Avenue. Sica Nacu, owner, appeared and reported that there is parking in the rear of the property for three vehicles, and requested permission to utilize two parking spaces in front of the property, on the paved street. On recommendation of City Manager, Commissioner Howell moved to approve use of Oak Avenue right-of-way for two required parking spaces, for Bed and Breakfast at 1011 Oak Seconded by Commissioner McClanahan and carried by the vote of the Commission as Avenue. follows: Mayor Smith' Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye 3O4 MINUTES City Commission, Sanford, FlOrida April 13, 19 92 Agreement with Brenda J. Elliott for Historic Preservation Consultant Services. On recommendation of City Manager, Commissioner Howell moved to authorize execution of said Historic Preservation Consultant Services Agreement with Brenda J. Elliott in amount of $6,500.00, for work in Georgetown and Goldsboro neighborhoods; consultant to complete project on or before December 31, 1992. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein' Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Tentative Contract Award forWater Reclamation Facility Expansion. On recommendation of City Manager, Commissioner Howell moved to authorize tentative award of contract to L'ee Construction'Company in amount of $2,753,000, for Water Reclamation Facility Expansion, and to adopt Resolution No. 1625, entitled: A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, TO TENTATIVELY ACCEPT THE BID MARCH 25, 1992, OF LEE CONSTRUCTION COMPANY OF SANFORD FOR CONSTRUCTION OF THE CITY OF SANFORDWATER RECLAMATION FACILITYEXPANSION, CPH PROJECT NO. S0602.59, FDER PROJECT NO. CS120586170. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Request for increase to Amendment 35, Inflow/Infiltration Contract with Conklin, Porter & Holmes, for work on leaking sewer system. On recommendation of City Manager, Commissioner Howell moved to approve increase to Amendment 35, Inflow/Infiltration Contract with Conklin, Porter & Homes by $114,357.00 for total not to exceed $291,000.00, for work on leaking sewer system. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Condemnation Items. A. Status Report of all current and pending condemnations. B. Requests for time extensions. (i) Condemnation Report #91-17, 144 Country Club Drive, Michael McKenna, owner. (2) Condemnation Report ~90-3, 1113 West 10th Street, Mary Leonard, owner. On motion of Commissioner Eckstein, seconded by Commissioner McClanahan and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye the Commission: A. No action required or taken. B. (1) Authorized 90 day time extension. (2) Authorized 60 day time extension. MINUTES 305 City Commission, Sanford, Florida g~ril 13, Board appointments/re-ap~°intments/resignations. CiVil Service Board: City Clerk reported that the term of Ernest Cavallaro expires June 30, 1992, and that he is willing to serve again, if re- apPointed. Commissioner Thomas moved to re-appoint Ernest Cavallaro to the Civil Service Board. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Scenic Improvement Board: City Clerk reported that resignations have been received from Anne Hayes and Lee Atkins, and that the Scenic Improvement Board recommends that DaVid Gatchell, Juanita Mercer, and Isabelle Wilson be considered 'for said appointment. Commissioner Howell moved to accept resignations from Anne Hayes and Lee Atkins, thanked them for their service on said board, and to appoint Juanita Mercer and David Gatchell to the Scenic Improvement Board. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Designation of revised District Boundaries and Polling Places, as discussed at tonight's Work Session. On recommendation of City Manager, Commissioner Howell moved to approve revised district boundaries, and~ to designate the Church of Nazarene on Sanford Avenue as the District 3 Polling Place, and Seminole County Health Department on Airport Boulevard as the District 4 Polling Place. Seconded by Commissioner McClanahan and carried by.the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commission-er Howell Aye First reading of Ordinance No. 3109. On motion of Commissioner Eckstein, seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Ordinance No. 3109, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CHANGING THE NAME OF KENNEL ROAD PRESENTLY DEFINED WITHIN THE CITY OF SANFORD, FLORIDA TO AERO LANE; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. First reading of Ordinance No. 3110. On motion of Commissioner Thomas, seconded by CommiSsioner McClanahan and carried by the vote of the Commission as follOws: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Ordinance No. 3110, 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 OF A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN 24TH PLACE AND WEST 25TH STREET AND BETWEEN CHASE AVENUE AND LAKE AVENUE FROM MR-3, (MULTIPLE-FAMILY RESIDENTIAL) TO RMOI, (MULTIPLE-FAMILY RESIDENTIAL-OFFICE-INSTITUTIONAL); PROVIDING FOR SEVERABILITY, CONFLICTSAND EFFECTIVE DATE. was introduced and placed on first reading. 1992 306 MINUTES City Commission, Sanford, Florida April 13, 1992 Consent Agenda Items. A. ~Requests for payment of statements. (1) From Ardaman & Assoc for Groundwater Monitoring, Site ...... $ 268.80 (2) From City Attorney for March, 1992 ......................... $ 4,981.00 (3) From Universal Engineering for: Se Westerly Reclaimed Water Trans- mission System, Contract II ........................................... $ 654.00 b. Seasonal Discharge Line ............................... $ 1,996.00 c. I & I, Lake Dot Drive ................................. $ 102.00 d. I & I, Highland Avenue ................................ $ 272.00 e. I & I, Clairmont Avenue & Terrace Drive ............... $ 534.00 f. I & I, Academy Avenue ................................. $ 470.00 ge Westerly Reclaimed Water Transmission System, Contract I ............................................ .$ 1,332.00 he Site 10 Reclaimed Water Transmission Mains, Contract I ............................................ $ 4,440.00 Site 10 Ponds & Stormwater Management System, Contract II ........................................... $ 5,563.00 B. Tabulations of Bids and Quotes. (1) Bid 91/92-33, Precast Concrete Manholes. (Utility Department) City Manager recommended acceptance of lower bid, which met specifications, from Taylor Precast at unit prices, plus the manhole boots, as outlined in Utility Director's Memo dated March 26, 1992. (2) Bid 91/92-34, Fencing at Art Lane Landfill. (Public Works Department) City Manager recommended acceptance of lower bid, which met specifications, from All-Rite Fence Co in amount of $9,297.00. (3) Bid 91./92-35, Lamp Fixtures & Posts. (Recreation & Parks Department) City Manager recommended acceptance of lowest bid, which met specifications, from Wesco in amount of $3,690.00. (4) Quotes for street Repairs - 3 locations. (Utility Department) City Manager recommended waiver of formal bidding process due to urgency of repairs, and acceptance of lOwer quote from Macasphalt in amount of $6,987.75. C. Approval of Vouchers for the month of March, 1992. De Approval of Minutes of February 24, 1992, Work Session; February 24, 1992, Regular Meeting; March 9, 1992, Work Session; March 9, 1992, Regular Meeting; March 23, 1992, Work Session; and March 23, 1992, Regular Meeting'. On motion of Commissioner Howell, seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye the Commission: ae Approved payment of statements (1) through (3). (1) Accepted lower bid from Taylor Precast at unit prices, plus the manhole boots, as outlined in Utility Director's Memo dated March 26, 1992. (2) Accepted lower bid from All-Rite Fence Company in amount of $9,297.00. (3) Accepted lowest bid from Wesco in amount of $3,690.00. (4) Waived formal bidding process and accepted lower quote from Macasphalt in amount of $6,987.75. Ce Approved Vouchers for the month of March, 1992. Approved Minutes of February 24, 1992, Work Session; February 24, 1992, Regular Meeting; March 9, 1992, Work Session; March 9, 1992, Regular Meeting; March 23, 1992, Work .Session; and March 23, 1992, Regular Meeting. MINUTES 3 0 7 City Commission, Sanford, Florida ~sril 13, 19 92 Info~ation regarding l~p sM contract invoices. The Co~ission acknowledged sixteen l~p s~ contract invoices approved for pa~ent totalling $938,077.22. Re~est from S~ney Spence, 1515 West 18th Street, for info~ation regarding possible uses for proper~ located at 1407 West 13th Street. Mayor Smith suggested that Mr. Spence meet with City Manager to discussthe matter. There being no further business, the meeting was adjourned. F-~t~ e.lerk CITY COMMISSION CITY OF SANFORD, FLORIDA PUBLIC HEARING IN RE: REQUEST FOR A CONDITIONAL USE - 400 SOUTH PALMETTO AVE. The City Commission, based on the clear and convincing evidence contained in the record created before the Planning & Zoning Board on February 20, 1992, makes the following FINDINGS OF FACT, CONCLUSIONS OF LAW and enters the following ORDER: FINDINGS OF FACT (1) That the property located at 400 Palmetto fails to meet the set back requirements in this zoning district. (T.16, L.17-20) (2) That 400 Palmetto is located on only part of a standard Sanford City Another house was built or moved where 400 Palmetto's back yard has hardly a front yard, no side yard and no back yard. lot. should be. It (T.31, L.20-25) (3) That 400 Palmetto has no alley access'because a house is located where its back yard should be. (T.32, L.2-3) (4) That 606 Park Avenue has a front yard, a backyard and a side yard. (T.31, L.25; T.32, L.1-2) (5) That the structures located north and east of 400 Palmetto appear to be utilized as multiple family but they are in commercial zones, SC-3 and GC-2, respectively. (photo 1 &2 introduced into evidence by Petitioner; report of City Planner, Jay Marder, dated February 14, 1992) (6) That the structures located immediately west & south of 400 Palmetto are in the same zoning district (SR-1) and are used as single family dwellings. (7) That only one parcel of property south of the site is not used as a single family dwelling and it is a house with a garage apartment. (map; report of City Planner, Jay Marder, dated February 14, 1992) (8) That this property is located in the northeast corner of the SR-1 District. (map) (9) That 400 Palmetto meets the minimum parcel frontage. (map; T.16, L..ll-16) (10) That many of the homes on the west side of South Palmetto, the 400 block, were utilized in the past as multiple occupancy dwellings, but now most of the houses appear to be single family. (Report of City Planner, Jay Marder, dated February 14, 1992) (11) That there is a clear reemerging single family residential character in the immediate area surrounding 400 Palmetto. (Report of City Planner, Jay Marder, dated February 14, 1992) (12) That the immediate area surrounding 400 Palmetto is typical of the Downtown Residential Historic Area. (Report of City Planner, Jay Marder, dated February 14, 1992) (13) That short-term occupancy and rental housing is detrimental to the character and stability of a neighborhood. (Report of City Planner, Jay Marder dated February 14, 1992) (14) That an increased concentration of a transient population fostered by short-term rental housing has contributed to deterioration of the neighborhood. (Report of City Planner, Jay Marder, dated February 14, 1992) (15) That an increased density in this immediate area caused by a conversion of buildings to multiple family use exacerbates an already tight, on-street parking situation. (16) That for the above-stated reasons, the requested Conditional Use Permit is adverse to the public interest of the. City of Sanford. Page -2- (1) That Petitioner's backs as required in CONCLUSION OF LAW application does not meet the standards as to set the Land Development Code of the City of Sanford, Section 3.7 (B)(1) and the applicable case law. (2) That the location and configuration of the requested Conditional Use Permit is adverse to the public interest of the City of Sanford. ORDER THEREFORE IT IS ORDERED that Petitioner's request for the Conditional Use Permit is denied. ;DONE and ORDERED this /~ day of April, 1992. A~£~E S T: ~:~r k T. = Page number from transcript of hearing before Planning and Zoning Board on February 14, 1992. L. = Line from page of said transcript. I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S.~jMail to J~N~LL, Post Office Box 2807, Orlando, Florida 32802, this/~ day of , 1992. ! Page -3-