DO #22-03_616 Palmetto AvenueThis Instrument Prepared By and Return To:
Julie Adams Scofield, AICP
Historic Preservation Planner
Planning and Development Services Department
City Hall
300 North Park Avenue
Sanford, Florida 32771
Tax Parcel Identification Number: 25-19-30-5AG-0802-0040.
GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2022023050 Bk:10177 Pg:91.94(4Pgs)
REC: 02/24/2022 9:44:02 AM by cjones
RECORDING FEES $35.50
File #: 21-004306
Permit #: COA21-0000157
HISTORIC PRESERVATION BOARD OF THE CITY OF SANFORD DENIAL
DEVELOPMENT ORDER NO. 22-03 RELATING TO 616 PALMETTO AVENUE
DENYING CERTIFICATE OF APPROPRIATENESS
The Historic Preservation Board (HPB) of the City of Sanford issued this Denial
Development Order relating to an application for a Certificate of Appropriateness (COA)
relating to and touching and concerning the following described property: 616 Palmetto
Avenue, which is assigned Tax Parcel Identification Number: 25-19-30-5AG-0$02-0040
by the Seminole County Property Appraiser.
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Property Owner: Hank Dieckhaus and Edith Dieckhaus
616 Palmetto Avenue
Sanford, Florida 32771-1930
Applicant: Hank Dieckhaus
616 Palmetto Avenue
Sanford, Florida 32771-1930
Project: Approval of the HPB for a new addition, 100 square feet in size, to an
accessory building relative to property located at the 616 Palmetto Avenue.
Requested Development Approval: The Applicant requested approval of the HPB
for new addition, 100 square feet in size, to an accessory building relative to property
located at the 616 Palmetto Avenue.
Additional Findings: The project is located at 616 Palmetto Avenue in the City's
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Residential Historic District as described and depicted in Schedule "S" of the City's
Land Development Regulations (LDRs). This is an "after the fact" application as the
work that has already been accomplished was unpermitted and unlawfully completed.
The primary structure is a bungalow built in 1928 as evidenced by the records pf the
Seminole County Property Appraiser. The applicant constructed the addition on the
north side of the existing garage without a COA or building permit. In response to the
code enforcement action, a GOA application was submitted and denied by City staff
because the addition does not meet the side yard setback requirements of Schedule "S"
of the City's LDRs. The applicant requested that the minor review denial be appealed to
the HPB. The City's Building Official has confirmed that a building permit is also
necessary for this structure which was, also, neither applied for nor issued. Likewise,
there has been no application for a variance submitted to the City.
The north wall of the garage addition is located directly on the property line and does
not meet the side yard setback requirement of 5. The side yard of the subject property
is not located adjacent to a street. The rear set back is 2' and a separation of 10' exists
between this addition and the principal structure. The HPB denied a COA for an
accessory structure placed on the property line for an accessory structure at 610
Palmetto Avenue in 2019 and the property owner of that property was required to
remove a shed that had been constructed. Current City staff has not approved COAs
for any structures not meeting setback requirements. The replacement storage building
does not exceed the height of the primary structure, and is similar in style, material and
color to the principal residence.
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CONCLUSIONS OF LAW
(a). Pursuant to Section 8.4 of Schedule "S" of the City's LDRs, the HPB has
reviewed the proposed Certificate of Appropriateness and all application documentation
and matters relating thereto in accordance with the procedures for altering historic
landmarks or structures within historic districts as set forth in Schedule "S".
(b). Specifically, Schedule "S" of the City's LDRs provides as follows:
(1). Setbacks apply to both principal and accessory structures.
Residential lot development shall have the following setbacks:
(i). Front yard: 25'.
(ii). Rear Yard: 2'.
(iii). Side Yard: 5', except when a side yard is located adjacent
to a street: 7.5'.
(2). There shall be a minimum separation of 10' between principal
and accessory structures.
(3). Accessory structures, such as garages, sheds, etc., shall not
exceed the height of the main structure.
(4). Accessory structures shall be of similar style, color, design and
materials as used for the principal residence.
(c). To the extent that a conclusion of law as set forth herein also constitutes a
factual finding, then such shall be taken to be so as part of this Development Order.
(d). The proposed Certificate of Appropriateness is hereby found and
determined to not comply with the aforestated requirements and provisions.
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(e). Additionally, the Certificate of Appropriateness sought is hereby found and
determined to not be 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.
(1). The aforementioned application for a Certificate of Appropriateness is
RMAM
Appropriateness touches and concerns the aforedescribed property and the subject
property is subject to any and all code enforcement actions in accordance with the
controlling provisions of law as are available to the City.
Done and Ordered on the date first written below.
As approved and authorized for execution by the Historic Preservation Board of
the City of Sanford at its meeting of January 19, 2022.
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