1142-805 Cypress Ave-Denial Development OrderCITY OF SANFORD DENIAL DEVELOPMENT
ORDER RELATING TO 805 CYPRESS AVENUE
On September 11, 2006, the City of Sanford issued this Denial Development
Order relating to and touching and concerning the following described property: 805
Cypress Avenue.
FINDINGS OF FACT
Property Owners: Hortense Evans and Lowman.
Applicants /Appellants: Dr. Preston Adams.
Project: The Appellants submitted an appeal of the unanimous (7 -0) decision of the
City's Planning and Zoning Commission (P &ZC) to deny a conditional use permit for a
Pre -K Educational and Day Care Facility at 805 Cypress Avenue.
Requested Development Approval: The Appellant requested that the City
Commission overturn the decision of the P &ZC.
Additional Facts: The Appellant intended to use the house located at 805 Cypress
Avenue for a Pre -K Educational and Day Care Facility. The house is located in a
residential area of the City. On July 20, 2006, the P &ZC denied the application based
on the fact that the design of the proposed development did not minimize adverse
effects such as visual impacts, noise and traffic impacts resulting from the proposed
use upon surrounding proximate properties and the proposed use was not compatible
with the nature and intensity of the development surrounding the subject property and
with the community character of the real property located in the immediate vicinity of the
subject property as proposed for development.
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CONCLUSIONS OF LAW
Section 3.5 of the City's Land Development Regulations relates to the standards
applicable to all conditional uses and provides that, in considering and acting upon an
application for conditional use permit, the P &ZC and other City officials shall observe
the following standards and make findings as to whether the application meets the
standards:
(1). The conditional use must be consistent with the goals, objectives and
policies of the City of Sanford Comprehensive Plan and the land development
regulations of the City.
(2). Public facilities and services including, but not limited to, roadways, park
facilities, schools, police and fire protection, drainage systems, refuse and disposal
systems, water and sewer must be adequate to serve the proposed use.
(3). The proposed development must not adversely affect known archeological,
historical or cultural resources.
(4). The design of the proposed development must minimize adverse effects
of the use proposed to be developed as a conditional use on the surrounding properties
such impacts to include, but not be limited to, visual, noise and traffic impacts.
(5). The use proposed to be developed as a conditional use must be
compatible with the nature and intensity of the development surrounding the premises
and with the community character of the immediate vicinity of the parcel proposed for
development.
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(6). The location and topography of the premises proposed for development
must make the use an appropriate use which will not adversely affect the public
interest.
The subject application fails to comport with the requirements of (1), (4), (5) and,
resultantly, (6) of the above - reference criteria. Additionally, Section 3.5 provides that it
shall be the burden of the applicant to prove compliance with the above - stated
standards. The Appellant failed to carry or meet that burden of proof.
Accordingly, the Development Approval sought is not consistent with the
City of Sanford Comprehensive Plan and development of the property as proposed
would not be consistent with and in compliance to applicable land development
regulations and all other applicable regulations and ordinances as set forth in the Code
of Ordinances of the City of Sanford and would, accordingly, adversely affect the public
interest.
ORDER
NOW, THEREFORE, IT IS ORDERED THAT:
(1). The aforementioned application for development approval is DENIED.
(2). This Denial Development Order touches and concerns the aforedescribed
property.
(3). The City Commission hereby affirms the P &ZC's denial of a conditional use
permit to operate a Pre -K Educational and Day Care Facility at 805 Cypress Avenue.
(4). This Denial Development Order touches and concerns the property located
at 805 Cypress Elm Avenue.
Done and Ordered on the date first written above.
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As approved and authorized for execution by
the City Commission of the City of Sanford
at its regular meeting of September 11, 2006.
CITY COMMISSION OF THE CITY OF
SANFORD
ATTEST.•
Vy
JANET DOUGHERT , CITY C ERK LINDA UHN, MAYOR