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Home My WebLink About1978 06 02 Regular TE LEPHONE (305) 327-1000 WINTER SPRINGS, FLORIDA ZIP CODE 32707 Nay 11, 1978 Mr. Joseph Guadagno Castilian Court 328 Winter Park, Florida 32792 Dear Nr. Guadagno: Please be advised that the Board of Adjustment of the City of Winter Springs, Florida will hold a meeting on June 2, 1978 at 7:30 p. m. to hear your request for a variance to allow the retail sale of soft serve ice cream. The meeting will be held at the City Hall, l02 N. Noss Road, Winter Springs, Florida. Also, the City has notified 44 surrounding property owners; therefore your cost to the City will be $5.72. If there is any further information you may need, please call this office. Yours very truly, CITY OF WINTER SPRINGS Mary T. Norton, City Clerk Property owners not ified of meet ing of :Board of i-dJ ciS L.l;H2nt on request to ::=e 11 soft. serve ice cream Property in question Lot 11, Block 27 North Orlando 8th Edition Notified 8th Edition Blocks 27 Lots 1-11, 28 Lots 1-6, 29 Lots 1-5 1st Edition Blocks 25 Lots 6-17, 24 Lots 10-12 Highlands Tract A, Seminole County School Board, Developement Enterprises Inc., North Block North Orlando BlocklO, lots 1~4; Block 9 1-4, 19-22. Mr. Lawrence E. and Judy Erickson 11 N. Cortez Ave Winter Springs, Fla. 32707 Mr. John D. and Hedy E. Apgar 21 N. Cortez Ave. Winter Springs, Fla. 32707 Mr. Charles G. Schimmel 50 N. Cortez Ave. , Wi nter Spri ngs, Fl a. 32707 Mr. Robert and Edith Troxell . 40 N. Cortez Ave Winter Springs, Fla. 32707 Mr. Rodney L. and Marina L. Kay 30 N. Cortez Ave. Winter Sprngs, Fla. 32707 Mr. Clarence W. and Nancy A. Grady 20 N. Cortez Ave. Winter Springs, Fla. 32707 Mr. Robert F. and Mary E. Gutherie 10 N. Cortez Ave. Winter Springs, Fla. 32707 Mr. Martin B. and Ruth D. Robish 120 Sanorlando Springs Drive Longwood, Fla. 32750 Mr. Edward D. and Elsie D. Smith 21 N. Bombay Ave. Winter Springs, Fla. 32707 Mr. Granville J. and Ruth L. Brown 20 N. Bombay Ave. Winter Springs, Fla. 32707 Ms. Helen S. Webb 806 Coldwater Drive Casselberry, Fla. 32707 Mr. Phillip E. and Patricia Seibert 41 N. Bombay Ave. Winter Springs, Fla. 32707 Mr. Fouad and Angel Eid 10 Algiers Ave. Winter Springs, Fla. 32707 I, Orlando Ms. June T. Dooley 8 Algiers Ave. Winter Springs, Fla. 32707 Mr. Charles E. Kelly 6 Algiers Ave. Winter Springs, Fla. 32707 Mr. Nash B. and Lora J. Kennedy P. O. Box 555 Long\'iOod, Fl a. 32750 Mr. Will iam and Renee A. McGee 10 N. Fi rst Ct. Winter Springs, fl a. 32707 Mr. David P. and .N.M. Percha c/o Ms. Nancy L. McCoy 20 N. First Ct. Winter Springs, Fla. 32707 Mr. Robert B. Trend 30 N. First Ct. Winter Springs, Fla. 32707 Mr. Lazaro and Donna Lima 40 N. First Ct. - " Winter Springs, Fla. 32707 Mr. Winfred L. and Celina Hallman 50 N. First Ct. Winter Springs, Fla. 32707 Fla. Land Co. P. O. 44 Winter Park, Fla. 32789 Developement Enterprises Inc. 239 N. New York Ave. Winter Park, Fla. 32789 Seminole County School Board 202 East Commercial Sanford, Fla. 32771 Mr. Harry A. and Betty R. Eakin 8. Bombay Ave. Winter Springs, Fla. 32707 S. Shore Federal Savings and Loan Massapequa, N.Y. c/o Veterans Administration Administration of Veterans Affairs Washington, D. C. 20420 Mr. Samuel F. Thomas and Ms. Madeline B. Gaughan 7 Algiers Ave. Winter Springs, Fla. 32707 Mr. Charles E. and Mary R. Rowel' 5 Algiers Ave. Winter Springs, Fla. 32707 Mr. Joseph P. and Rochelle G. Scheutzow . 3 Algiers Ave. Winter Springs, Fla. 32707 . Clifford Jordan Trustee 830 E. Highway 434 Suite 3 Longwood, Fla. 32750 Mr. Gergio Z. and Amparor Alvarodo 21 N. First Ct. Winter Springs, Fla. 32707 Mr. Ginoh and Melitta Perlangeli 31 N. First Ct. Winter Springs, Fla. 32707 Mr. John M. and Nancy Davis 110 S. Cortez Ave. Winter Springs, Fla. 32707 Mr. Charles M. Janet V. Boiling 112 S. Cortez Ave. Winter Springs, Fla. 32707 Mr. Ned Jr. and Barbara Jones 114 S. Cortez Ave. Winter Springs, Fla. 32707 Mr. Joseph L. Janet A. Kidwell 118 S. Cortez Ave. Winter Springs, Fla. 32707 Mr. Jon J. Feldmon 110 S. Edgemon Ave. Winter Springs, Fla. 32707 Mr. Harry G.,Gerda E. Thorn 112 S. Edgemon Ave. Winter Springs , Fla. 32707 Mr. Ted. V. and Linda M. Schrolucke 114 S. Edgemon Ave. Winter Springs, Fla. 32707 Mr. Walter K. and Sylvia Robinson 116 S. Edgemon Ave. . Winter Springs, Fla. 32707 Mr. Lester R. Jr. and Shelia T. Pedone 117 S. Cortez Ave. Winter Springs, Fla. 32707 Veterans Administration J, ;. Adniinistration of Veterans Affairs P.O. Box 505 Jacksonvi 11 e, Fl a. 32201 . Mr. Gerald and Martha Bracewell c/o RobertW. and Constance A. Knauff 113 S. Cortez Ave. Wi nter Spri ngs, Fl a. 32707 Mr. Delton E. Helen A. Helms 111 S. 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APPLICATION CITY OF WINTER SPRINGS '"..I \.- i. ;' -',~.. ,"-. -" .,'..I'CI ,-)))rIf)O~ Crty Hall 0 . # .'~ '. rl'l rr\y U 1 1978 Application for: D Annexation L:7 Cha~&e of zoning L:7 Preliminary Platapp~oval L:7 Final Plat approval D & -,D Condi tio.nali~;~CE l\/ED VariaJ?ce Other, Specify P~ease print in . . A...DPl:!:-c an t ink or type. Co P.,!);1 G~O Last name J :;;'SFP'rl Niddle initial G., if.K T .,=I.it t\,~r~' -;-L0? / First name (If the applicant is not the O\..-ner of the subject property, the application I:lust include a letter of authorization C rt-,S 7 / L I 'Ii ~/ Mailing address "-7 n. - -, " ., / ,h. I< L. 3,1'J, ,- (71- /.2~S" Telephone signed by the o\mer.) L elll Rhr J/ '2-7 It{t,>t; /} I~: 1it/~-/~I7)~ ~( )c--/-1~'l"j.7 Cf.' Ii No. acres 1~' II/i<' " Total No. usable acres .jJ// Legal description of the subject property: t:0 0AI/V? )? f/; !iIJI'//;il/y ,PIAl 1'1) f1-/.:;,c(~? ) , '/ . / L/;L To;hal .. General location of subject property (in9luding which tract ab~ts) r C,/! ,A(fl( ';~/f/elJ) [.'I'll.; I ! /.''' n - C~/'/ P l'J/? Ii c2A/l" ," l\ S: R ) Z/k;- / ,.... I ~ _' .. - .... Present zoning classification C I name and type of road /1-l'r-:'. ,/j N ;J Present land use N t'i,N e Abutting zoning classifications and land uses Nature of request:" ~1;j.I) .4/~k ()( 5/."11 Sell/e I~' ~ t"'1)~>J~) Additonal infdrm~tion (including purpose and intent of request) Jf'i?t,'? t ,;/';/ L j/'Y'C/I'P ,/tt c I c' i: fA! Pc" <,y/e e - Requests which require a public hearing must also include the following inf"ormation: t' " ...... . C' ,';... .', 2.mcs end addresses of all sur~'ounding property owners lying wi thin 500 ft. of the perimeter bo~nd&ries of the subject property. The applicant 'shall also attach 2 leba1 size, staCy~d, addressed envelopes for each property o\mer :listed below. 1._ .... . - \ . 2. 4. . .. D2.te Signature of ],:pplicantjo\mer 3. I , . . . . . . . . . . . . . . . . . . . . . . . . .' For office use only Fee A.mount Receipt No. Review . l7 Planning and Zoning Board ~ Board of Adju~tment ~ City CDuncil Public Bearing ~ Planning and Zoning Board L-I Board of Adjustment ~ City Council Ordinance References File Code No. Date Action " Information verified by: Date June 5, 1978 CitI ciA-- ~UN !~r1978 ~\111r"":", l,~~.~liV/[tL~ Mr. Richard Rozansky City Planner City of Winter Springs 102 North Moss Road Winter Springs, Florida )2707 Dear Mr. Rozansky: I understand that an ice cream shop is being planned for the corner of Algiers and Highway 4)4. As a homeowner in ':\Tinter Springs for more than four years, I would like to officially voice my protest. The proposed location for such a business will attract many children traveling to and from school each day. Even though a crossing guard is near-by, she will not always be able to keep children from running across a very busy high- way a half block or so down from the cross-walk. Please reconsider allowing this business to build and open in this location. I am for progress too but not at the expense of our most precious assets, our children. Sincerely, O~ K Jaul"}Ub~ ~~dy K. Townsend )10 North Third Street Winter Springs, Florida )2707 ....".J<o.,.,. TELEPHONE (305) 327-1000 WINTER SPRINGS, FLORIDA ZIP CODE 32707 May 5, 1978 Mr. & Mrs. Joe Guadagno Castilian Court 328 Winter Park, Florida 32792 Dear Mr. & Mrs. Guadagno: Enclosed please find an application to the Board of Adjustment which you must complete and return to me as soon as possible. Upon receipt of the completed application I will forward it to the Board of Adjustment and we will notify you when they are going to have a meeting. If you have any questions, please call this office. Yours very truly, CITY OF WINTER SPRINGS ~r~d: Mary T. Norton, City Clerk TELEPHONE (305) 327-1000 May 11, 1978 Dear This letter is to advise you that the Board of Adjustment will hold a meeting on June 15, 1978, at 7:30 p.m. to hear a request for a variance to allow the retail sale of soft serve ice cream. The store will be built at the corner of Algiers Avenue and S.R. 434. (Legal description, lot 11, Block 27, North Orlando 8th Addition). The meeting will be held at the City Hall, 102 N. Moss Road, Winter Springs, Florida. All interested parties may attend and be heard. Yours very truly, CITY OF WINTER SPRINGS ~~/Z~ Mary T. Norton, City Clerk ~ Thi.. form has been" approved for use in standard real estate transactions an'd has been approved by the Executive Committee of the Orange County. Bar Association, Inc, and the Executive Committee of the Orlando-Winter Park Board of Realtors. Inc. . , is a legally bindinR contract ~vhen properly completed and executed, If ~ot fully understood, seek legal advice before signing. . ' " CONTRACT FOR SALE AND PURCHASE Gary Hilder ~"~ 1 ()~4 ~iT(tT~ann Road X~r'lv~'Ood'J FlQrida hereinafter called the seller, and Josep Glia agno ana. rienne Guadagno his wife, of Castilian Court. Apt. 323. l.Jinter Park. Fla. hereinafter called the buyer, hereby agree that the seller shall sell and the buyer shall buy the following described property UPON THE TERMS AND CONDITIONS HEREINAFTER SET FORTH, WHICH SHALL INCLUDE THE STANDARDS FOR REAL ESTATE TRANSACTIONS SET FORTH IN THIS CONTRACT. of 1. Legal Description of Real Estate, located in space is insufficient.) Lot 11_ BloCk 27, North Orlando 8th Addition~ Plat Eook 14, Page 12, of the Public Records of Se:mir.ole Cou-~ty. Florida. S~mlnole County, Florida. (Attach description if Strei't Address: Personal Property Included: 2, 'Purchase Price and Method of Payment: Purchase Price is Eighteen thousand and no/lOO---------------..;---~----------DOLLARS s 500.00 deposit paid to Kalex Realty E9CXOW Account ) Cash (x ) Check S approximate principal balance on first mortgage to be ( ) Assumed; "( ) Obtained. . mortgage holder Interest' 13.000.00 method of payment S Purchase money note and mortgage to seller. Interest rate method of payment $504.69 each auarter 90 days fr~ date of closing. Other Payments (including second mortgage to be assumed, if any) % per annum; 9~ % per annum; 'With the first payr:lent due , $ .0 $ 4,500.00 Cash, or cashier's check drawn on local fund, on closing and delivery of deed. (Or such greater or Lesser amount as may be necessary to complete payment of purchase price after credits, adjustments, and prorations. $ 18,000.00 Total Purchase Price. 3. ':lIME FOR ACCEPTANCE: If this contract is not executed ~nd delivered by seller and buyer on :or before April 7,1978, the aforesaid deposit shall be returned to buyer and this agreement shall be null and void. The date of contract, for purposes of performance, shall be regarded as the date when the last one of the seller and buyer has signed this contract. G . . 5 Hay 1973 4. CLOSIN DATE: ThiS contract shall be closed and the deed shall be delivered on or before (date) 5 '" l~ 78 ; and seller a"rees to deliver posst!~i~o on or befole (date) ! ay '.J ThO I h II bId' th~'" fl" f Beftin~haU8 ana rtlers, Attorneys, wint:er Park.. Fla.. L<; sa e s a e c ose In '" a Ice 0 ~ ~ 5. EVIDENCE OF TITLE: Within - - - days from the date of this contract, the seller shall at his expense deliver to the buy<>r or his agent in accordance with Standard A a complete abstract of title. " General <<arranty 6. CONVEYANCE: Seller shall convey title to th1'! aforesaid property to the buyer by deed subject to matters contained in this contract and taxes for the year of closing. 7. EXPENSES: State surtax and documentar~ stamps which are required to be affixed to the instrument of conveyance. intangible personal property taxes and the cost of recordmg the purchase money mortgage shall be paid by the seller. Documentary stamps to be affixed to the note or notes secured by the purchase money mortgage and the cost of recording the deed shall be paid by the buyer. Costs, if any, or preparation of closing documents and closing fee shall be borne equally by the seller and buyer. _8. RESTRICTIONS AND EASEMENTS: The buyer shall take title subject to: (a) Zoning and/or restrictions and prohibitions imposed 'y governmental authority, (b) Restrictions appearing on the plat or imposed by the developer, (c) Other (such as leases- specify)_ 9. SPECIAL CLA USES: A. Title insurance shall be furnished in lieu of an abstract. B. Thi3 contract is subject to the buyer obtaining a building permit for the ccnstroctionof a drive-~ for food and ices on the property. c. B~yer aZrces that zr.ybuildin; constructed en th2'above property .. sh311 bave no liens of ~~y n~ture ilGair.st the tr.e pro?crty or buildi~~ unless the property is p~id for in full. STANDARDS FOR REAL ESTATE TRANSACTIONS A. ABSTRACT OF TITLE: The complete abstract of title shall be prepared by a reputable abstract firm certifying to be an 3ccurate ,_synopsis of the in!:truments affecting the title to that real property recorded in public records of that county to the date of this contract, howing in the seller a marketable title in accordance with title standards adopted from time to time by the Florida Bar, subject only to .ens. encumbrances, exceptions or qualifications set forth in this contract and those which shall be d~ch=ged by seller at or before closing. The ab!:tract mall contain all recorded plats involving the subject property. Buyer shall have days from the date of receiving said abstract to examine the same and if the title is found unmarketable, the buyer or his attornE'Y shall within this period notify the ~lIer in writing specifying the defects and the seller shall have ninety days from the receipt of such notice to cure the defects so specifil'd. If the buyer finds from said abstract that the seller's title is unmarketable because of matters not excepted in this contract and gives the seller a written statem..nt of the defects, and the seller considers that any of the defects set. forth by the buyer are without merit, the seller may within seven days after receipt of the buyer's statement of defects, do one of the following: (1) Purchase. at seller's expense. and deliver to the buyer or his agent a tItle guarantee commitment issued by a qualified title in!:uror. acceptable to the buyer and licensed to do business in the State of Florida, on a form of commitm..nt approved for use by the office of the Insuran~ Commis.o;ioner of the State of Florida, al\reeing to issue to the buyer, at seller's expense. upon the recording of the deed referred tl? an paragraph 6 herein, an owner guarantee In the amount of the purchase price insuring the title of the buyer to that real property subject only to liens, encumbrances. exceptions' or qualifications set forth in this contract and those which shall be discharged by seller at, or before closing or (2) submit a copy of this contract, the buyer's statement of objectionable defects. and the abstract to the TItle Standards Committee of the Orange County Bar Association and request a decision on the merits of the defects specified by the.buyer. A written decision of the Title Standards Committee if rendered within seven days after submission to the Committee shall be bmdang on the buyer and the seller. If the Title Standards Committee's decision is that the buyer's objections are well founded the seller shall cure the defects \vithin th!' time abov!' allowed. ,'l.:\G C\IORTGAGE: The ~elle, all l\;rLi"h prior to c' ";:, ,\ "[teen stat< It frum a mortgage holder setting forth "'0- , balance, method of payment and whether the mortgag" ;, In guod standing. h there is a.charge for the change uf ownership . by the mortgagee, it shall be borne equally by the parties. Seller shall receive as credit at closing, an amount eq ual to the escrow leld by the mortgagee. . ,( . - . :URCHASE MONEY J\IORTGAGES: Any purchase money notes and mortgages required by the contract shall follow the forms ,rrally aL:cepted and used in the county where the land is located. Any purchase money mortgage shall provide for insuraI~ce against ,;s by fire with extended coverage in an amount not less than the full insurable value of the improvements. In a first mortgage, the note nd mortgage shall provide for acceleration, at the option of the holder, after thirty (30) days defau It and in a second mortgage, after iifteen (15) days default. A second mortgage shall require a mortagagor to keep all prior liens and encumbrances in good standing. Buyer shall have the right to prepay all or part of the principal at any time or times with interest to date of payment without penalty. All prepayments shall be applied to thp Installment or installments of principal last ~aturing. " D. SURVEY: If the buyer desires a survey he shall have the property surveyed at his expense prior to closing date. If the survey shows an encroach~ nt, the same shall be treated as a title defect. E. INFESTATION PROVISIONS: Seller at his expense shall furnish to buyer prior to closing a written statement of a licensed and bondf'd exterminating company showing whether there are any live wood destroying organisms in the improvements of said properly. and the seller shall pay all costs of the treatment required to remedy any such infestation so reported including the cost of repairing or replacing all portions of said improvements which have been damaged structurally. Howe,'er, in the event that the costs to be incurred by the seller in accordance with this paragraph are more than two per cent (2%) of the purchase price, then at the seller's option, he may cancel the contract within five (5) days of the receipt of the termite inspection report by giving written notice to the buyer and thereupon all parties will be released from any liability under this contract. i F. LEASES: The !.ellef shall furnish copies of all written leases to the buyer prior to closing and if there are any persons in possession witho'"It written leases a written statement from such persons specifying the nature and duration of the occupancy shall be furnished to the buyer by the selle/prior to the closing date. G. DEFAULT BY BUYER: If the buyer fails to perform any of the covenants of this contract within the time specified, the deposit this date 'Paid by the buyer aforesaid may be retained by or for the account of the seller as consideration for the execution of this contract and in full settlement of any claims for damages and all parties shall be relieved of all obligations under this contract, and each party shall execute a separate release of the other party at this time; or the seller, at his option, may proceed at law or in equity to enforce his legal rights under this contract, including, but not.limited to, the ri!{ht to bring a suit for specific performance. " ~ H. DEFAULT BY SELLER: If the seller fails' to perform any of the covenants of this contract other than the failure of the seller to render his title marketable after diligent effort, the aforesaid deposit shall at the option of the buyer be returned to the buyer on demand and all parties shall execute a release of the other party of their rights and obligations under this contract; the buyer, however, at his option may proceed in law or equity to enforce his legal rights under this contract, including, but not limited t~, the right of specific performance. --, L TIME OF THE ESSENCE:. Tirr; is of the essence of this Contract for Sale 'and Purchase. J., PRORATIONS: Taxes, rents, insurance premiums and interest shall be prorated as of the date of delivery of deed unless otherwise specified. If the amount of taxes for the current year cannot be ascertained, rates, millages, and assessed valuations for the previous year, with known changes, shall be used, due allowance being made for homestead or other exemptions if allowed. Tax proration based on an estimate may be readjusted subsequently where so agreed in the closing statement. K. Buyer shall establish escrow accounts as required by Mortgagee. L. REFUSAL OF SPOUSE TO SIGN: Failure or refusal of the wife or husband of any- one of the sellers or of the husband of anyone of the buyers who is a marrie.d woman, to execute the deed or r,nortgage required hereunder shall be deemed default on the part of the !'Cller or buyer. M. RISK OF LOSS: If the improvements are damaged by fire or casualty before delivery of the deed llnd can be restored to subslantially the same condition as now within a period of 60 days thereafter, seller shall so restore the improvements and the closing date and date of delivery of possession hereinbefore provided shall be extended accordingly. If seller fails to do so, the buyer shall have the option of (1) taking the property as is, together with insurance proceeds, if any, or (2) cancelling the contract, and all deposits are to be forthwith returned to the buyer and all parties shall be released of any and all obligation and liability. ~"t:#> N. TYPEWRITTEN OR HANDWRITTftN PROVISIONS: Typewritten or handwritten provisions inserted in this form shall control all printed provisions in conflict therewith. O. OTHER AGREEMENTS: No agreements or representations, unless incorporated in this contract shall be binding upon any of the parties. P. APPLICATION OF DEPOSIT ON DEF A UL T: In the event buyer fails to perform and the deposit aforesaid is retained the amount of such deposit shall be divided equally between the Realtor and the seller; provided, however, that the amount to be retained or received by the Realtor shall not exceed the full amount of the commission and any excess shall be paid to the seller. If the transaction shall not bl' closed because of failure of the seller to perform, then seller shall pay said commission in full to the Realtor on demand. 'Q. PERSONS BOUND: The covenants herein contained shall bind, and the benefits and advantages shall inure to, the respective hl'irs, executors, administrators and successors of the parties hereto. Whenever used the singular number shall include the plural, the plural the singular, and the use of any gender shall include all genders. This contract shall not be assigned by either seller or buyer without the written consent of the other. . . f,tJ; a6. W . ~ . (SEAL) (SEAL) (SEAL) (SEAL) broker broker COMMISSION TO R~ Seller acknowledges the employment of the 'P..--now and agrees to pay the K~a commission in accordance with the commission agreement. ~ Commission to be 107. of s, synr~'i,~ ~oW~ D~~ Buyer Kalex Realty ~~7t (SEAL) (SEAL) (SEAL) (SEAL) Earnest money deposit received on 6th day of A~il, 19 7 8 ,to e to clearance. Firm name: !(alex Realty TE LEPHONE (305) 327-1000 May 11, 1978 Mr. Martin B. and Ruth K. Robish 120 Sanorlando Springs Driva Longwood, Fl a. 32750 I Dear Mr. and Mrs. Robish: This letter is to advise you that the BQard of Adjustment will hold a meeting on June 2, 1978, at 7:30 p.m.-to hear a request for a variance to allow the retail sale of soft serve ice cream. The store will be built at the corner of Algiers Avenue and S.R. 434. (Legal description, lot 11, Block 27, North Orlando 8th Addition). The meeting will be held at the City Hall, 102 N. Moss Road, Winter Springs, Florida. All interested parties may attend and be heard. Yours very'truly, CITY OF WINTER SPRINGS ") ---.] +- :flu 27 I .j;:. '2-{/}-V Mary T. Norton, City Clerk