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DO #22-06_310 Elm Avenue_RecordedThis 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-0507-0030. File #: 22-000289 Permit #: COA22-000015 GRANT MALOY, SEMINOLE COUNTY CLERK OF CIRCUIT COURT & COMPTROLLER CFN# 2022039968 Bk:10208 Pg:983-991(9Pgs) REC: 04/04/2022 8:42:39 AMby clones RECORDING FEES $78.00 HISTORIC PRESERVATION BOARD OF THE CITY OF SANFORD DEVELOPMENT ORDER NO. 22-06 RELATING TO 310 SOUTH ELM AVENUE APPROVING CERTIFICATE OF APPROPRIATENESS �l}( The Historic Preservation Board (HPB) of the City of Sanford issued this Development Order relating to an application for a certificate of appropriateness under the provisions of Schedule "S" of the City's Land Development Regulations (LDRs) and controlling Florida law relating to and touching and concerning the following described property: 310 South Elm Avenue, which is assigned Tax Parcel Identification Number: 25-19-30-5AG-0507-0030 by the Seminole County Property Appraiser. FINDINGS OF FACT Property Owner: Dearmond M. Bebo 310 South Elm Avenue Sanford, Florida 32771 Applicant: Peter Ruehlman Trinity Construction Services, Inc. 708 Magnolia Drive Altamonte Springs, Florida 32701 Project: Approval of the HPB for alterations located at 310 South Elm Avenue. Requested Development Approval: The Applicant requested approval of the HPB for a variety of work relative to property located at 310 South Elm Avenue. The primary proposed work is the removal of all asbestos siding currently in place and replace it with IIpagc cement fiber lap siding. The additional proposed scope of work includes the following on the side (south) elevation: (1). Removal of an existing 28" x 28" fixed window retaining the existing header, and alter the opening to accommodate an aluminum, single hung, 24" x 48", 111 lite window. (2). Replacement of a fiberglass paneled door with a fiberglass door with one large pane of glass, retaining the header. At the meeting of the HPB, the application was modified, by means of an ore tenus amendment, to provide for a wood window, 15 lite fiberglass door and cement panels to match the asbestos ones in place. Additional Findings: The project is located at 310 South Elm Avenue in the City's Residential Historic District as described as depicted in Schedule "S" of the City's LDRs. The building is a contributing building. The frame vernacular structure was built about 1917. Character defining features are the gable roof, 212 windows, front portico and "wavy" asbestos siding. In January 2021, a certificate of appropriateness was approved for limited replacement to damaged asbestos siding with wavy fiber cement siding to match the existing siding. There are no historic photographs available for this property, but Sanborn Fire Insurance Maps show wood siding from 1917-1947. Asbestos siding was a popular product in the 1930s and 1940s in Florida, but it is not known how long this siding has been in place, but 50 + years seems likely, making this alteration historic in its own right. Asbestos siding in good condition is not considered a health risk. The HPB has not approved any fiber cement siding for existing buildings under Schedule "S" of the 2iPagc City's LDRs as it is clear that, if materials are not available when the building was constructed are removed, they shall be replaced with historically appropriate materials. The City staff recommended approach in order of preference is: (1), Retaining existing asbestos siding, making necessary repairs by replacement with fiber cement panels to match (which is the previous remedy for which a certificate of appropriateness was granted). (2). Replacement with wood clapboard which is the original material. (3). Replacement with fiber cement siding to match the existing siding (it has been determined that this product is available). The windows on the front fagade are wood, double hung, 212, however Schedule "S" of the City's LDRs allows secondary replacement windows to be a different type if they are appropriate to the style and period of the building. A 111 configuration is common to the period, and the re -sizing creates a rectangular window, as well as serves an interior function. The proposal is for installation of an aluminum window. The proposed fiberglass door is of a material that has been approved for secondary entrances when the style is appropriate. This specific style of door was denied by the HPB at several locations. Any of the evaluated vernacular door styles would be more appropriate. At the meeting of the HPB, the application was modified, by means of an ore tenus amendment, to provide for a wood window, 15 lite fiberglass door and cement panels to match the asbestos ones in place and the HPB found the proposed substitute materials to be subject to approval. 31Page CONCLUSIONS OF LAW (a). Pursuant to Section 8.0 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). Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. (2). For new construction, additions and alterations, the wall finish most acceptable for the architectural style shall be utilized. (3). The use of synthetic materials is prohibited and unlawful for exterior wall surfaces with the exception of fiber cement siding, which may be approved by special development order for detached new construction only. (4). The following materials are generally acceptable for principal and accessory structures within the historic districts: (i). Wood clapboard, wood shingle, wood drop siding, wood board and batten siding or equal as determined by the Board. (ii). Brick, stucco; and stone or cast stone. (5). Resurfacing existing historic landmarks or contributing buildings with new material that is inconsistent with the style of the 4 1 P a g e building or was unavailable when the building was constructed, such as artificial stone, brick, veneer, asbestos or asphalt shingles, rustic shakes, and vinyl or aluminum siding, is prohibited and unlawful. (6). In cases where artificial siding is currently in place, its removal is not necessary. (7). An owner may retain the siding material or remove it, but, if the material is removed, it shall be replaced with historically appropriate materials. (8). When siding which is inconsistent with the style of the house is removed, either from the fagade of a building or to reopen an enclosed porch, the original facade and the original fenestrations shall be documents prior to the commencement of any rehabilitation construction. (9). Any and all additions to structures that are sided with aluminum or vinyl siding or other simulated cladding shall be clad with materials to match the original historic structure in size, profile, shape, color orientation and texture. (10). All additions to structures with a combination of cladding materials shall be sided using one or more of the existing cladding materials in a manner that is in character with the style and period of the structure. (11). Windows, frames, glass, muntins, mullions, sills, lintels and pediments in good condition or repairable and in character with 51Page the style and period of the building shall be retained. (12). Window types that are no longer permitted by law, such as jalousies, may be replaced with another style of window that is in character with the style and period of the building. (13). If window or window details are determined to be irreparable, they may be replaced provided that on the primary facades of contributing buildings, replacement windows shall match the existing original windows in size, configuration, material, design and placement. (14). On secondary facades replacement windows may be of a different design or type provided the windows are consistent with the style of the building. (15). Only when a change is appropriate to the style and period of the building may a window be relocated, enlarged, reduced or introduced. (16). All new windows shall have mullion profiles similar to contributing structures. (17). If single or double hung windows ae placed in groupings, a four to six inch trim piece shall separate the window. (18). Windows shall be proportioned such that the height shall be equal to or greater than the width, with the exception of historically appropriate window groupings. (20). Only when the change is appropriate to the style and 6 1 P a g c period of the building shall doors be relocated, enlarged or introduced. (21). Doors with modern designs, flush or sliding glass doors, or any type of door that is inappropriate to the style or period of the structure is prohibited and unlawful. (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 comply with the aforestated. (e). Additionally, the Certificate of Appropriateness sought is hereby found and determined to be consistent with the City of Sanford Comprehensive Plan and development of the property as proposed would 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. (f). This is a development order and shall not create contractual rights of the property owner against the City nor contractual obligations of the City to the property owner and, to that end, the property owner shall have no contractual rights or remedies against the City with regard to any land use action of the City. (g). The City has not waived any rights or remedies by taking the action set forth herein or any successive development orders and reserves any and all rights and remedies available to the City under controlling law including, but not limited to, the protections under the laws pertaining to sovereign immunity. 7 1 P a g e 1111515 , i I ; : � I � � � 11 vau-01101y"I (2). This Development Order granting approval of a Certificate of Appropriateness touches and concerns the aforedescribed property and is subject to code enforcement action in accordance with the controlling provisions of law 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 February 16, 2022. "W14W Traci H u in, Giulia,na ieras HISTORIC PRESERVATION BOARD OF THE CITY OF SANFORD Ma"' Moskowitz, Chair ry D. Nunc pro tunc to February 16, 2022 8111 a ul c r r y �`����� ` ��''" e� �Fi '.rj� fv� i'• ,'.L � i� � ;. R� .i7 ,�-:.::, IN WITNESS WHEREOF, the subject Property Owner has signed and sealed these presents the day and year written below and AGREES to all of the terms and conditions of this Development Order the undersigned named person having full authority to execute this document. A TTES T. 110 ZF-11 V if, IQ Z 101 ky, M -.1 A SignatureVitness # I Dearmond M, Bebo Printed Name Witnes 1 Sign lure Witness # 2 Printed Name Witness # 2: ............. F1 11i .............•........... The foregoing instrument was acknowledged before me by means of ED physical presence or 0 online notarization, this,,,-.. day of February, 2.022 by Dearmond M. ZBebo. He is personally known to me or produced as 6,,,, �Ie, 4 5MMUMF am, ,/'NOTARY PUBLIC My commission expires: 9 1 P - < ey Oftc,* Notary puuic State of Florida f LM r nda Potts Brenda L Potts M My Co"i 6 y CommiSsiori GG 277176 rx 01 Epires 01;1212023 :pire.