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<br />City Commission Meeting <br />June 13, 2005 <br />Page 6 <br /> <br />· Motion I - On a vote of 5 - 0, Ordinance 05-1152 was found to be consistent with the <br />Comprehensive Plan. <br /> <br />· Motion 2 - recommended approval of the ordinance with the insertion of the following sentence: <br />"The Board of Adjustment's interpretation of the Code in rendering its decision will not be disturbed <br />unless the Board of Adjustment's interpretation is erroneous." Motion failed 3 - 2. <br /> <br />· Motion 3- recommendation to the City Commission to deny the ordinance. Motion passed 3 - 2. <br /> <br />· Motion 4 -recommendation that in the event the City Commission decides to enact the Ordinance <br />in spite of the Planning and Zoning Commission's recommendation, that the additional verbiage as <br />recommended in Motion 2 be included. <br /> <br />The proposed Ordinance 05-1152 includes the additional verbiage in the appropriate places - Page 2, <br />Paragraph 6 and Page 3, Paragraph 6. Both of those paragraphs amend different parts of the Code. The <br />Planning and Zoning Commission recommended the City Commission either approve the Board of <br />Adjustment's interpretation or include the additional verbiage in Motion 2. Ordinance 05- 1 1 52 as presented <br />includes the verbiage in Motion 2 and is ready for the first Public Hearing. <br /> <br />Le!!al Advertisement: Thursday, June 2, 2005 in the Orlando Sentinel. <br /> <br />Audience Inout: <br /> <br />I) Bernard Fudim, 906 Niblick Drive, Casselberry, Florida, spoke in opposition to de nova review by <br />the City Commission of decisions made by the Board of Adjustment. <br /> <br />MOTION: <br /> <br />Moved by Commissioner Susan Doerner to approve Ordinance 05-1152, Board <br />of Adjustment Appeal Process, as presented. The motion was seconded by <br />Commissioner Linda Hart. <br /> <br />During Commission discussion, Commissioners Cook and Hufford indicated they could not support <br />Ordinance 05-1152 as presented and would he voting in opposition. <br /> <br />VOTE ON THE MOTION: Commissioner Doerner - Yes; Commissioner Cook - No; <br />Commissioner Hufford - No; Commissioner Hart - Yes; Mayor <br />Goff - Yes <br /> <br />Motion passes on a 3 - 2 Vote. <br /> <br />X. New Business <br /> <br />A. Soecial Invoice and Minor Contracts/Amendments Authorization ReDort <br /> <br />Pursuant to Resolution 05-1557, invoice information regarding attorney fees, initial contracts for projects, <br />award of bids and change orders on a project in excess of five (5%) percent are to be presented to the <br />