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2013-12-19450 CITY OF OKEECHOBEE PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS DECEMBER 19, 2013 SUMMARY OF BOARD ACTION AGENDA I. CALL TO ORDER - Chairperson. Planning Board /Board of Adjustment and Appeals, December 19, 2013, 6:00 p.m. II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson Dawn Hoover Vice Chairperson Terry Burroughs Board Member Phil Baughman Board Member Karyne Brass Board Member Douglas McCoy Board Member Les McCreary Board Member Gary Ritter Alternate Board Member John Creasman Alternate Board Member (vacant position) Attorney John R. Cook City Planning Consultant Bill Brisson, Senior Planner Board Secretary Patty M. Burnette III. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the October 17, 2013, regular meeting. IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. PAGE 1 OF 4 ACTION - DISCUSSION - VOTE Chairperson Hoover called the December 19, 2013 meeting to order at 6:00 p.m. Meeting was held at City Hall located at 55 Southeast 3`d Avenue, Okeechobee Florida in Room 200, Council Chambers. Board Secretary Burnette called the roll: Present Present Present Absent (with consent) Present Present Present Present (moved to voting position) Position vacant Present (entered Chambers at 6:06 p.m.) Present Present Board Member Ritter moved to dispense with the reading and approve the Summary of Board Action for the October 17, 2013, Regular Meeting; seconded by Board Member Baughman. There was no discussion on this item. VOTE HOOVER - YEA MCCREARY - YEA BURROUGHS -YEA RITTER - YEA BAUGHMAN - YEA CREASMAN - YEA BRASS - ABSENT MOTION CARRIED. MCCOY - YEA Chairperson Hoover asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. There being none the agenda stands as published. V. OPEN PUBLIC HEARING (QUASI- JUDICIAL) - Chairperson. A. Petition No. 13-004-SE, submitted by the property owner, Peggy M. Ociepka, to allow Mechanical and Repair Services within a Heavy Commercial Zoning District (Ref. Sec. 90- 283(7)) for the South 100 feet of Lot 7, West half of Lot 11, all of Lots 9,10,12 and 13 of Block 3, Southwest Addition and located at 1127 SW Park Street (Exhibit 1). 1. Hear from Planning Staff. 2. Hear from the property owner or designee /agent. Public comments or questions from those in attendance, or submitted to the Board Secretary. DECEMBER 19, 2013 - PLANNING BOARD - PAGE 2 OF 4 4 51 ACTION - DISCUSSION - VOTE CHAIRPERSON HOOVER OPENED THE QUASI - JUDICIAL PUBLIC HEARING AT 6:01 P.M. Petition No. 13-004-SE, was submitted by the property owner, Peggy M. Ociepka, for the South 100 feet of Lot 7, West half of Lot 11, all of Lots 9, 10, 12 and 13 of Block 3, Southwest Addition and located at 1127 SW Park Street to allow Mechanical and Repair Services within a Heavy Commercial (CHV) Zoning District. Chairperson Hoover yielded the floor to Planning Consultant Brisson who explained that the petition was for a welding and repair business of a nature similar to one that had been operating on the property since 1987. The previous business ceased to exist at this location resulting in a period of non -use for longer than 180 days therefore, any prior Special Exception would have lapsed. Due to the age of the structures, non - conformities will be addressed. The 3,000 square foot garage was built in 1997 and does not meet current regulations for a fifteen foot street side yard set back. This non- conformity will be permitted to continue without any adjustments. However, landscaping will be required to be brought up to code as reasonably as possible, together with improving 4 parking spaces on the East side and the driveway is to be improved with concrete or asphalt. Mr. Philip Berger, Berger Real Estate, 800 South Parrott Avenue, as Agent on behalf of the owner, was present to answer questions. Board Member McCreary verified with Mr. Berger, there would be a different owner though the use would be the same. Chairperson Hoover asked whether there were any comments or questions from those in attendance. There was none. Twenty seven surrounding property owner notices were mailed with one being returned. One email was received by Secretary Burnette from Mr, Robert Robbins and read as follows into the record by Chairperson Hoover. "To whom it may concern, My name is Robert Robbins and currently live at 1112 SW 2° Street directly behind the business in question. Due to my work schedule t will not be able to attend the meeting on December 19, 2013.1 do however have a few concerns, they are as follows: 1. Safety -1 have observed kids and adults alike use the vacant land behind the business as a short cut to other areas, 1 myself have 2 kids and since there is no fence or barrier preventing such activities or actions, 1 can foresee accidents possibly occuring. Also another concern would be the amount of foot traffic coming in and out of the business, l currently do not have a fence around my property and what would stop patrons or employees from coming onto my property, whether it be from not knowing or just not caring, and that also concerns me having kids. 2. Noise -I am not familiar with the amount of noise a business such as this can generate throughout the day, but 1 currently work 6pm -6am overnight and have to sleep during the day. Loud noise would interfere with my sleep schedule, which would cause issues with my job performance. 3. Property value- negative effects of property value are 452 AGENDA V. OPEN PUBLIC HEARING (QUASI- JUDICIAL) - CONTINUED. A. 3. Public comments or questions from those in attendance, or submitted to the Board Secretary for Petition No, 13-004-SE continued. 4. Disclosure of Ex -Parte communications by the Board. 5. a) Consideration of a motion to approve or deny petition. DECEMBER 19, 2013 - PLANNING BOARD - PAGE 3 OF 4 ACTION - DISCUSSION - VOTE also concerning. r=eel free to contact me if need be, either through email(kronic2345 @yahoo.com) or phone 863 -697- 1 753. I appreciate you taking my concerns into consideration, and if all these issues can be resolved then f would have no objections, Thank you." Chairperson Hoover asked whether Board Members had ex -parte communications to disclose for the record. There were none. Planning Staffs findings are as follows: The use is not contrary to the Comprehensive Plan as the Commercial Future Land Use category considers mechanical and repair services as one of the allowable uses. The use is authorized as a Special Exception in the CHV Zoning District per Section 90 -283 (7). The use will not have an adverse effect on the public interest as its operation and impacts will not significantly differ from those associated with the former use of the property. The use is appropriate for the proposed location as the property is located in a commercial area and within the Commercial Corridor, and is generally surrounded by nonresidential zoning and uses except for the single family use immediately to the south of the vacant parcel also being purchased by the applicant. The use will not be expected to adversely affect property values or living conditions as its characteristics are the same as the former use. No special visual screening will be necessary, however, as a result of the impending transfer in ownership, the new owner will be required to provide landscaped buffers in conformance with City codes. The use will not create a density pattern that will overburden public facilities as density is not an issue with a commercial use and no increase in commercial intensity is envisioned that would have a negative effect upon public services or facilities. The use will not create an increase in traffic congestion nor will traffic safety be compromised. There should be little, if any, change in the drainage situation with the paving of the four required parking spaces and repaving of the driveway. Board Member Burroughs made a motion, seconded by Board Member Baughman, to approve Petition No. 13- 004 -SE, submitted by the property owner, Peggy M. Ociepka, to allow Mechanical and Repair Services within a Heavy Commercial Zoning District (Ref. Sec. 90- 283(7)) for the South 100 feet of Lot 7, West half of Lot 11, all of Lots 9, 10, 12 and 13 of Block 3, Southwest Addition and located at 1127 SW Park Street; based on the findings noted above and as recommended by Planning Staff with the following conditions: 1. The four parking spaces an the east side of the office are improved to City standards with a dustless surface such as asphalt or concrete. 2. The driveway is improved to City standards with a dustless surface. 3. Landscaped buffers are provided in conformance with the requirements of Sections 90-532 and 90-534 of the City Code. 4. One handicap space needs to be provided on the property. AGENDA V. OPEN PUBLIC HEARING (QUASI - JUDICIAL) - CONTINUED. 5. b) Board discussion on motion to approve or deny Petition No. 13- 004 -SE. c) Vote on motion. CLOSE PUBLIC HEARING - Chairperson. VI. NEW BUSINESS. A. Consider any additional requests for amendments to the City's Land Development Regulations. VII. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board /Board of Adjustment and Appeals with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services media are for the sole purpose of backup for official records. ATTEST: Patty M. Bitrnette, Secretary 1 Dawn T. Hoover, Chairperson DECEMBER 19, 2013 - PLANNING BOARD - PAGE 4 OF 44 5 3 ACTION - DISCUSSION - VOTE Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER -YEA MCCREARY - YEA BURROUGHS -YEA RITTER - YEA BAUGHMAN - YEA CREASMAN - YEA BRASS - ABSENT MOTION CARRIED. CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:18 P.M. MCCOY - YEA Chairperson Hoover asked whether there were any requests for amendments to the Land Development Regulations. There were none offered. There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 6:18 p.m. INDEPENDENT NEWSPAPERS OKEECHOBEE NEWS .114 107 S.W 17th Street, Suite D, Okeechobee, FL 34974 J STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Tom Byrd, who on oath says he is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a t-ILL > {. _f.. in the matter of in the 1.9th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of ` f Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement for publication in the said newspaper. l Tom Byrd sworn to and subscribed before me this day of 1 _i:> Lc, 1,14. : 1, £ t. _A't' (_ AD Notary Public, State of Florida at Large ;),.• • 't:k;; ' ANGIE BRIDGES • : *. MY COMMISSION # EE 177653 EXPIRES: April 20, 2016 pd'v,;, Bonded Thru Notary Public Underwriters r+w. (863) 763 -3134 Cabot\ Muh1A. PUBLIC NOTICE: CITY PLANNING BOARD MEETING NOTICE IS HEREBY GIVEN that the City of Okeechobee Planning Board will meet as the Local Planning Agency on Thursday, December 19, 2013 at 6 PM or as soon thereafter as possible, at Qty Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, FL, to consider any proposed amendments, submitted by City Staff or citizens, to the adopted City Comprehensive Plan, which may include amendments to the adopted Land Development Regula- tions (LDR 'S), All amendments are forwarded, with a recommendation, to the City Council for final consideration. All Services at 863763 -3372, ornwebsitee,, ctyookeeechobee.com,�to General copy of the agenda. ning BoardEONres�DtNany matterrconsidered aitithismm etlng will need to ensure a verbatim record of the proceeding is made and the record In- cludes the testimony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Services Office no later than two business days prior to proceeding, 863- 763 -3372. BE ADVISED that should you intend to show any document, picture, video or items to the Planning Board in support or opposition to any item on the agenda; a copy of the document, picture, video, or item must be pro- vided to the Board Secretary for the City's records. BY: Brian Whitehall, Zoning Administrator 458713 OW 12/18/2013 City of Okeechobee Planning Board/Board of Adjustment and Appeals Patty's Hand written Minutes December 19, 2013 Pg 1 of . 7 I. CaII To Order - Chairperson: Chair Hoover called the December 19, 2013, Planning Board/Board of Adjustment and Appeals Regular Meeting to order at (pc D p.m. II. Chairperson, Board Member Staff Attendance - Secretary. III. Minutes - Secretary. A. Board Member A I O e r moved to dispense with the reading and approve the Summary of Planning Board/Board of Adjustment and Appeals Action for the October 17, 2013 regular meeting; seconded by Board Member et u y W a EL Discussion: VOTE HOOVER YEA 1/' NAY ABSENT NONVOTING ABSTAINED BURROUGHS BAUGHMAN BRASS MCCOY MCCREARY RITTER CREASMAN RFSUI TS. CARRIFO nFNIFn PRESENT ABSENT (W OR W10 CONSENT) Chairperson Hoover ✓ Vice Chairperson Burroughs ✓ Board Member Baughman Board Member Brass `/ Board Member McCoy `.- Board Member McCreary "� Board Member Ritter V Alternate Board Member Creasman ✓ Mk cv / ( 1) ✓C -# ' " Alternate Board Member Doyle ____ _ __-.__ —__ ___ _- ___-.- _.., - _ _ ..__ Planning Consultant Brisson, Senior Planner V-- Board Attorney Cook tr Board Secretary Burnette '/ III. Minutes - Secretary. A. Board Member A I O e r moved to dispense with the reading and approve the Summary of Planning Board/Board of Adjustment and Appeals Action for the October 17, 2013 regular meeting; seconded by Board Member et u y W a EL Discussion: VOTE HOOVER YEA 1/' NAY ABSENT NONVOTING ABSTAINED BURROUGHS BAUGHMAN BRASS MCCOY MCCREARY RITTER CREASMAN RFSUI TS. CARRIFO nFNIFn December 19, 2013- PB/BOA Minute Guide - Page 2 of IV. Agenda - Chairperson. A. Chair Hoover asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. r' Cr L V. Open Public Hearing (Quasi - Judicial) - Chairperson). tcr 01 A. Petition No. 13- 004-SE, submitted by property owner Peggy M. Ociepka, to allow Mechanical and Repair Services within a Heavy Commercial Zoning District, (Section 90 -283 (7)) for the South 100 feet of Lot 7, West half of Lot 11, all of Lots 9,10,12 and 13 of Block 3, Southwest Addition and located at 1127 SW Park Street (Exhibit 1). 1. Hear from Planning Staff. 06 - 101), 1 r, + / ' d a r7 ft r" I I 2. Hear from the Property Owner or designee /agent. V (f,) r Lys s r rc, Public comments or questions from those in attendance, or submitted to the Board Secretary. December 19, 2013- PB/BOA Minute Guide - Page 3 of if 4. Disclosure of Ex -Parte communications by the Board. 5. a) Consideration of a motion to approve or deny petition. Board Member ' keYC` 1 r `: moved to approve eny Petition No. 13- 004-SE, submitted by property owner Peggy M. Ociepka, to allow Mechanical and Repair Services within a Heavy Commercial Zoning District, (Section 90 -283 (7)) for the South 100 feet of Lot 7, West half of Lot 11, all of Lots 9,10,12 and 13 of Block 3, Southwest Addition and located at 1127 SW Park Street ; seconded by Board Member b) Board discussion. W {ti I 1(r,�,, , , Cc c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER V RuRROUGHS '`, BAUGHMAN BRASS ,./ MCCOY `-''° MCCREARY RITTER CREASMAN V DOYLE RFSIB TS. / CARR OFNIFn December 19, 2013- PB/BOA Minute Guide - Page 4 of 4- CLOSE PUBLIC HEARING - Chairperson. VI. NEW BUSINESS. A. Consider any additional requests for amendments to the City's Land Development Regulations - Chairperson. VII. ADJOURN - Chairperson. a:. ANY PERSON DECIDING TO APPEAL any decision made by the Planning BoardBoard of Adjustment and Appeals with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and that the record includes the testimony and evidence upon which the appeal will be based. General Services media are for the sole purpose of backup for official records of the Department. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Services Department, no later than two business days prior to the proceeding, 863- 763 -3372. Please be advised that should you intend to show any document, picture, video or items to the Board in support or opposition to any item on the Agenda; a copy of the document, picture, video or item MUST be provided to the Board Secretary for the City's records. CITY OF OKEECHOBEE PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS MEETING DECEMBER 19, 2013 OFFICIAL AGENDA I. CALL TO ORDER - Chairperson: December 19, 2013, Planning Board /Board of Adjustment and Appeals Meeting, 6:00 p.m., City Hall, 55 SE Third Avenue, Okeechobee, FL. II. CHAIRPERSON, BOARD MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson Dawn Hoover Vice - Chairperson Terry Burroughs Board Member Phil Baughman Board Member Karyne Brass Board Member Douglas McCoy Board Member Les McCreary Board Member Gary Ritter Alternate Board Member John Creasman Alternate Board Member Toni Doyle Board Attorney John R. Cook City Planning Consultant Bill Brisson, Senior Planner Board Secretary Patty Burnette III. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Planning Board /Board of Adjustment and Appeals Action for the October 17, 2013, regular meeting. IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. DECEMBER 19, 2013 - PB /BOA AGENDA - PAGE 2 OF 2 V. OPEN PUBLIC HEARING (QUASI- JUDICIAL) - Chairperson. A. Petition No. 13-004-SE, submitted by property owner Peggy M. Ociepka, to allow Mechanical and Repair Services within a Heavy Commercial Zoning District, (Section 90 -283 (7)) for the South 100 feet of Lot 7, West half of Lot 11, all of Lots 9,10,12 and 13 of Block 3, Southwest Addition and located at 1127 SW Park Street (Exhibit 1). 1. Hear from Planning Staff. 2. Hear from the Property Owner or designee /agent. 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. 4. Disclosure of Ex -Parte communications by the Board. 5. a) Consideration of a motion to approve or deny petition. b) Board discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Chairperson. VI. NEW BUSINESS. A. Consider any additional requests for amendments to the City's Land Development Regulations - Chairperson. VII. ADJOURN - Chairperson. ANY PERSON DECIDING TO APPEAL any decision made by the Planning Board /Board of Adjustment and Appeals with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and that the record includes the testimony and evidence upon which the appeal will be based. General Services media are for the sole purpose of backup for official records of the Department. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Services Department, no later than two business days prior to the proceeding, 863 - 763 -3372. Please be advised that should you intend to show any document, picture, video or items to the Board in support or opposition to any item on the Agenda; a copy of the document, picture, video or item MUST be provided to the Board Secretary for the City's records. -- ••may- .••�•� s Department xhibit 1 ue, Room 101 arida 34974 -2903 rnone; t000i . J3 -3372, ext. 218 Fax: (863) 763 -1686 vaic. f (" •, -lam r etitiv11 IVU. f'•'��"�1t, Fee Paid: Jurisdiction: ��� `��'� 5t 2nd 1 Hearing: 2 Hearing: �a _ �_t Publication Dates: 1 4' l;.j i Notices Mailed: Rezone, Special Exception and Variance APPLICANT INFORMATION 1 Name of property owner(s): Peggy M. Ociepka 2 Owner mailing address: 1105 5th Street, BHR, Okeechobee, FL 34974 3 Name of applicant(s) if other than owner 4 Applicant mailing address: 4a e-mail address: 5 Name of contact person (state relationship): P. Berger - Agent 6 7 Contact person daytime phone(s): 863- 634 -8439 PROPERTY INFORMATION Property address /directions to property: 1127 SW Park Street Okeechobee FL 34974 Describe current use of property: Commercial Use 8 Describe improvements on property (number /type buildings, dwelling units , occupied or vacant, etc. 4370 Sq Ft Metal Building Constructed in 1986 9 1320 Sq Ft Office & Stora e APPnr �� tt����t Sri � r��c? s��- �f-I-. e Ifo er: Mu iciple Method of sewage disposal: Septic 10 Approx. acreage: 0.84 Is property in a platted subdivision? Yes - Southwest Addn. Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: The property has been used for repair & welding since 1987. The bldg has been vacant for 11 in excess of 6 consecutive months so it must have a new special exception. 12 Is a pending sale of the property subject to this application being granted? Yes Describe uses on adjoining property to the North: 13 North: Brother In Law Enterprises Inc. East: Vacant - Previous Feed Store South: Vacant Commercial C2 West: Vacant Commercial 14 Existing zoning: Future Land Use classification 15 Have there been any prior rezoning, property? (L) No ( ) Yes. If special exception, variance, or site plan approvals on the yes provide date, petition number and nature of approval. & welding since 1987 The property was used for repair 16 Request is for: ( ) Rezone () Special Exception ( ) Variance 17 Parcel Identification Number: 32137350170000300090 / 3213735017000030007B (Rev 01/12) Page 1 Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. ef2 Printed Name P" ggy M Oci pka Date 1/ -1 For questions relating to this application packet, call General Services Dept. at (863) - 763 -3372, Ext. 218 (Rev 01/12) Page 2 REQUIRED ATTACHMENTS 18 Applicants statement of interest in property: Fee Simple Owner V 19 Non - refundable application fee: Rezoning: $850 plus $30 /acre; Special Exception: $500 plus $30 /acre; Variance: $500 Note: Resolution No. 98 -11 Schedule of Land Development Regulation Fees and Charges B When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. /20 Last recorded warranty deed: 11/1/87 291/ 505 /�21 Notarized letter of consent from property owner (if applicant is different from property owner) 22 Three property surveys (one no larger than 11i x 17() containing: a. certified boundary survey, date of survey, surveyors name, address and phone number b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre 23 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser-s Office (attached) /24 Affidavit attesting to completeness and correctness of the list (attached) e 25 Completed specific application and checklist sheet for each request checked in line 15 Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. ef2 Printed Name P" ggy M Oci pka Date 1/ -1 For questions relating to this application packet, call General Services Dept. at (863) - 763 -3372, Ext. 218 (Rev 01/12) Page 2 Parcel ID Number. 3- 21 -37 -35 -0170 -00030 -0120 Gramm ip1 267 -74 -7428 D6Ge GK Z 375 FicE1186 6ocu onta tampspaldin.tho amount ot crko ? atilt Murk •et0 Warranty Deed t�/��/ This Indenture, Made this � day of 19 gm). , Between WILLIAM D. NEWELL of the County of HERNANDO JOHN J. OCIEPKA, a married man, • state of Florida 'grantor, and whose address 1a 36 5th Street, BH' + 't HOBEE, Florida 34974 of the County of OKERCHOB stated Florida , grantee. Witnesseth that the GRANTOR, for and In the cum of TE s i J 0($10.00) DOLARS, and other good and valuable consideration to 0 d by GRANTER, the receipt whereof is hereby acknowtedged, how granted, bargalned and sold to the said GRANIBA ' • c r� `d :'S heirs and assigns forever, the following described land, situate, tying and being in the County of OKEECHOBE or Florida town: The West 100 feet of Lo :,• , Block 3, SOUTHWEST ADDITION TO OKEECHOBEE, accordin to fit= • thereof recorded in Plat Book 2, Page 7, Public Records o- % eechobee County, Florida. Subject to restrictions, r and easements of record, if any, and taxes subsequent to 1996. The property herein DOES NOT constitute the HOMESTEAD of the grantor (8). 280556 and the grantor does hereby fully warrant the title to said land, and will deren In Witness Whereof, the grantor has hereunto set bb Signed, sealed and delivered In our presence: 5,2 04-- a,...) Printed name: P',z, /11.0,e f.f Witnegi Printed name: {P,q. Ci A A. Ft.EcK Witness STATE OF Florida COUNTY OF HERNANDO The foregoing instrument was acknowledged before me WILLIAM D. NEWELL, who Is percomay known tome This Doeumbnt prepared known ,3ETIJ ADSTRACr at TLt3 NW 3rd Street OK 138010111311 • FL 34922 fEECI OF rf C . F 96 HER -8 P11 3: 28 CLERK ROF CJ CD IT COW: same against lawful d and seal the da of all persons whomsoever. first above written. WILLIAM D. WELL P.O. Address 6379 Atderwood Street, SPRING HILL, FL 34606 (fit) Mb -11-7 day of .i • key , 19 %by • Printed Name: -PA4-04rci rl A, F`Ecrc. NOTARY PUBLIC MY-00=110194 P.Mke.s: 27588 01C r F..AL PACt(1CIA, A FLECK NOTARY PUBLIC CS STATE OF FLORIDA COMMISSION NO. CC249899 MY COMMISSION EXP. AN. 4,1997 Docu� Class C in of solar Stamps paid In the amount of /r.�' 'ri( of re gibie Tax paid in the amo , oust 40. dato 6 ANY 475 7 Parcel ID Number: 3- 21- 37 -35- 0170 - 00030 -0120 Grog= 01 TIN: 267 -74 -7428 Warranty Deed This Indenture, Made this 10th day of HENRY D. DIETRICH, of the County of OKEECHOBEE JOHN J. OCIEPKA, whose address is: 1127 SW Park Str of the County 01 OKEECHOB Witnesseth that the GRANTOR, for and FILED FOR RECORD OKEECHO[iEE f:0. FL. 97 SEP .1 I PI 2:23 SHARON l O2I ;"i SOi: CLERK; OF CIRCIJI f C0tJ September , 1997 A.D.. Between , state or Florida , grantor, and ECHOBEE, Florida 34974 State of Florida , grantee. the sum of and other good and valuable consideration to 0 granted. bargained and sold to the said ORANTE Tying and being in the County of OKEECHOB PARCEL I: The East 50 ADDITION TO OKEECHOBEE, in Plat Book 2, Page 7, Pub Florida. /100($10.00). BOLLARS, d paid by GRANTEE, the receipt whereof is hereby acknowledged, has E'S heirs and assigns forever. the following described land, situate, of Florida to wit: s 12 and 13, Block 3, SOUTHWEST to the plat thereof recorded rds of Okeechobee County, PARCEL II: The South 100' Lot 7, Block 3, SOUTHWEST ADDITION TO OKEECHOBEE, according to the plat thereof recorded in Plat Book 2, Page 7,'Public Records of Okeechobee County, Florida. Subject to restrictions, reservations and easements of record, if any, and taxes subsequent to 1997. The property herein DOES NOT constitute the HOMESTEAD of the grantor (s) nor the homestead of their spouse (s). and the grantor does hereby fully warrant the title to said land. and will defend the same against lawful claims of all persons whomsoever. ,Witness Whereof, t e grantor has hereunto set his hand and seal the day and year first above written. led t + delivered i nee: DORA A. SEABO Witness STATE OF Florida COUNTY OF. OKEECHOBEE The foregoing insuument was acknowledged before me this HENRY D. DIETRICH, who is personally known to me. This Document Prepared By: OKEECHOBEE ABSIMACP & TITLE INSi1RANCB, INC. 302 NW 3rd Street OKEECHOBEE . PL 34972 HENRY D. DI RIB' P.O. Address 1112 SW 2nd Street, OKEECHOBEE, PL 34974 Seal) Johanna K. Jerroil MY COMMISSION 0 CC585381 EXPIRES DECEMBER 1. 2000 BONDED IHRU TROY MIN INSURANCE, INC. 10th day of September , 1997 by NA K. JARRE PUBLIC 12/01/00 My Commission Expires: 90395 PAGE1550 28778 eIcK 370 PACE 813 This Snatrunent Prepared and Return tot Robert V. Remedy 200 RS 4th Avenue Okeechobee, PL 34972 Peroel 110. 3- 21- 37 -35- 0170 -00030 -0090 THIS WARRANTY DEE', de the 14th day of September, 1995 by HENRY D. DIETRICH, a a e an hereinafter called the Grantor, to JOHN J. OCIEPKA, a m ie• an whose post office address is 1104 West North Park Stree obee, Florida, 34972 hereinafter called the Grantee. WITNESSETH, That the r : . , or and in consideration of the sum of $ 10.00 and other va •nsiderationa, receipt whereof is hereby acknowledged, hereby grants a a, sells, aliens, remises, releaeee, conveys and confirms unto the . .. a � t,at certain land, situate in Okeechobee County, State of Flori Lots 9 and 10 and the Wee 10. =t of Lot 11, all being situated in Block 3 of the Southwest Addition o •k= echobee, Florida, according to the plat thereof recorded in 1•t 'o•,. .age 7, public recorda of Okeechobee County, Florida. Subject to restrictions, reservations and eaaemsnts of record. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the grantors hereby covenants with said grantee that the grantor are lawfully seised of eaid land in fee simple; that the grantor has good right and lawful authority to Bell and convey said land, and hereby warrants the title to eaid land and will defend the same against the lawful claims of all pereone whomsoever; and that eaid land ie free of all encumbrances, except taxes accruing subsequent to December 31, 1994. IN WITNESS WHEREOF, the said Grantor has signed and sealed these preeenta the day and_year first above wri den. Signed,'eeeled - end delivered in the pre ence oft 'C./ C.. WITNESS Print Witness Name 7 WITNESS C- GRiCrece /30,eD-ed,g4a Print Witness Name i HENRY OI TRI Rt. 2, Box 50 Jennings, FL 32053 Oocu �erlf?SympapaldInthe amount of �� Clerk of Circuit Court STATE OF FLORIDA COUNTY' OF OICEECHOBE I UIABBT CBRTIIn that on this acknowledgments, personally described in a who executed t the name. ( Said person's) is/ following t s of identification WITNESS my hand and offs September, 1995. 1 OR 370 0 PACE 814 me, an officer duly authorized to administer oaths and take D. DIBTRICe, a single roan known to ma to be the persons nstrument, who acknowledged before me that they executed ally known to me. ( ) Said person's) provided the cense � ounty and State lest aforesaid this 111- day of r c. a_ N Vl LA CT ary ame My commission expirest 1— ZOC tnoa CC I- 4.1 0cr CC CCiy ao g V ..LPJVECE BURDESHAW +1Y COWASSION / CC 33tat • F109 & JtDeuy 19, 1998 +mdMthuNetey PUDIC uddekMan DEC.21.2012 10:54AM COMELY & COMELY PA NO.001 P.2 LONELY & CONELX, PA. OFFICE LOCATION - 401 NORTHWEST Stun sumer, OKEECHOBEE, FLORIDA 34972 1►'I.ApDi POST OFFICE DRAWER 1367 OKEECHOBEE, FLORIDA 34973-1367 T.W. Co m; .h.1892 -1969 Tom W. Costar, 111 DUOIM t M. Roma TO WFIOM IT MAX CONCERN: December 21,2012 Taiyuan - (863) 763-3. Facsu4 • (863) 7634 John Joseph Ociepka , alkla John J. Ociepka, deceased, was the sole owner of JOHN'S AUTO ELECTRIC, azt unincorporated business. The business is now an asset of the Estate .of John Joseph Ociepka, a/k/aJohn J. Ociepka, and Peggy Ociepka is Personal Representative of the estate, TWC,1111bj1 Sincerely, IN THE CIRCUIT COURT IN AND FOR GLADES COUNTY, FLORIDA. PROBATE DIVISION CASE NO. 2012 -CP- o`Z In re: Estate of JOHN JOSEPH OCIEPKA, a/kia JOHN J. OCIEPKA, Deceased. 1 LETTERS OF ADMINISTRATION (single personal representative) G) 7 r r'I Z" -r1 r :x r'. • I..< YS5 • r) TO ALL IT MAY CONCERN: WHEREAS, JOHN JOSEPH OCIEPKA, a/k/a JOHN J. OCIEPKA, a resident of Glades County, Florida, died on October 19, 2012, owning assets in the State of Florida, and WHEREAS, PEGGY M. OCIEPKA has been appointed personal representative of the estate of the decedent and has performed all acts 'prerequisite to issuance of Letters of Administration in the estate, NOW, THEREFORE, I, the undersigned circuit judge, declare PEGGY M. OCIEPKA duly qualified under the laws of the State of Florida to act as personal representative of the estate of JOHN JOSEPH OCIEPKA, a/k/a JOHN J. OCIEPKA, deceased, with full power to administer the estate according to law; to ask, demand, sue for, recover and receive the property of the decedent; to pay the debts of the decedent as far as the assets of the estate will permit and the law directs; and to make distribution of the estate acc ORDERED ON November t , 2012. c,-- cc: Conely & Conely, P.A. CU T JUDO of the of tai on Ole In rliknos' 0 Vent un d�CtHl' �Qai dui m C__ 20 fta;) opt' do,I .. i1r�� O'aaes JVC(13a (Stitt 91 try, et rcun y, flail ��� pu City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Tele: 863 - 763 -3372 Fax: 863 - 763 -1686 LAND USE POWER OF ATTO Name of Property Owner(s): ply M. Octepka Mailing Address: 1105 5th Street, BHR, Okeechobee, FL 34974 Hoene Telephone: 863_763 -1601 Work: Cell: Property Address: 1127 SW Park St., Okeechobee, FL 34974 Parcel ID Number: 1-21-17-35-0170-00030-0090: 3- 21 -37 -35 -0170- 00030 -007B Name of Applicant: —Pk i l t j 4 -. ,.:y- .0 -- Home Telephone: <40.3 7- 4, /7 Work: ,/v -5 -70 - 63i Cell: rgs6 3 _63q-- it3 v The undersigned, being the record title owner(s) of the real property described above, do hereby grant unto the applicant stated above the full right and power of attorney to make application to the City of Okeechobee to change the land use of said property. This land use change may include rezoning of the property, the granting of special exception or variances, and appeals of decisions of the Planning Department. It is understood that conditions, limitations and restrictions may be place upon the use or operation of the property. Misstatements upon application or in any hearing may result in the termination of any special exception or variance and a proceeding to rezone the property to the original classification. This power of attorney may be terminated only by a written and notarized statement of such termination effective upon receipt by the Planning Department. IN WITNESS WHEREOF THE UNDERSIGNED HAVE SET THEIR HAND AND SEALS THIS November DAY OF 2 2013. y," � 4,� i s 1j� / (1,,,i 1 - t',,�` '` e. ,LL B , l_ 1 - - cw - °v c . 1 WI/T VESS OWNER `WITNESS Before me the undersigned authority personally appeared the owner(s) named above who upon being duly sworn acknowledged before me that they are the owner(s) of the real property described above and that they executed the power of attorney for the purpos stated therein. Sworn and subscribed this 6 day of November 2013. c i' ,r� Notary Public: p4 , � C ., /(C' ... .,) t)'t. SEAL 0N� . VICKI S. ANDERSON Commission Expires: i-/ • ! A. _', / >/, III Public State • of Florida (Rev 01/12) .,m. , Conml lu ion ! EE 54132 Page Petition No. Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners I hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change in land use or zoning, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of November 6 , 2013 and the assertions made to me by members of that Office that the information reviewed constitutes the most recent information available to that office. I therefore attest to this 6 November , 2013 day of Signature of Applicant Date Peggy M. Ociepka Name of Applicant (printed or typed) State of Florida County of Okeechobee Sworn to and subscribed before me this 6 day of November , 2013 . Personally known to me g or produced as identification and did not take an oath. ti6 { A Litt Notary Public, State of Florida (Rev 01/12) Seal: Page 3 of 11 A ADDITIONAL INFORMATION REQUIRED FOR A SPECIAL EXCEPTION _ Describe the Special Exception sought: 4 . t1-- CIO_ a g 3 JJ '4 e.: S kg.-.i ht._ C.9:' L t ccr.r 1N l — ti B Are there similar uses in the area? No ( Y ) Yes If yes, briefly describe them: ft t c t ty ILK Ia.: c._.. is v G V;(2.0-K, .0- K" W J n k. i .. +c= {' A ttt 5 1 C: c V ,S ` sj l' AL-1r. c i tt_ i 1 0 "fi t - • w A D t$ x) L C ' r i — 1 1_ •r5 2-4 r 2S, Z&.:. ,ELK t (; kid CLCO rt-) c.i C If a business, briefly describe the nature of the business, number of employees, hours of operation, and any activities to be conducted outside of a building: jJ c; iN ks-‘91 •t i C-. CIS TM'. -6 0 <, -D NO (J iict t...1 4:" i'%Z i,. '., Wezt. . 11 Cl - � : t.iizc: `Lc , • D Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the special exception or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most similar use as contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must identify the number of net new external trips, pass -bay calculations, internal capture calculations, a.m. and p.m. peak hour trips, and level of service on all adjacent roadway links with and without the project. s tic, o l ?__ E to S 1 & ii F ; c.Ils.i't IN Pi) E Responses addressing the standards and required findings for a special exception as described below. Attach additional sheets as necessary. STANDARDS FOR GRANTING A SPECIAL EXCEPTION [Sec. 70- 373(b), LDR page CD70:19] Applicants are required by Sec. 70- 373(b) to address the following issues in his /her presentation before the Board of Adjustment. Staff strongly recommends that the Applicant include, in his /her application, materials that address each of these issues in order to allow Staff and the Board of Adjustment sufficient time to adequately consider the Applicant's request. 1. Demonstrate that the proposed location and site are appropriate for the use. The property is located on a major 4 lane SR with a corner on SW 12th Ave. Ingress & egress and parking is more than adequate with access from SR 70 & SW 12th Ave. 2. Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. The present building is designed with garage doors so that all work can be completely performed inside. It is the intention that no work will be performed outside. 3. Demonstrate any landscaping techni ues to visually screen the use from adjacent uses; or explain why no visual screening is necessary. Work will erformed inside - the property will have the same use that it has had since 1987. 4. Demonstrate what is proposed to reduce the impact of any potential hazards, problems or public nuisance generated by the use; or explain how the nature of the use creates no such potential problems. All work will be done inside as it has been done for the past 26 years. 5. Demonstrate how the utilities and other service requirements of the use can be met. Utilities are presently in placed and have been in use since 1987. 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. There is plenty of room on site for vehicles to swing into the building through large garage doors. Parking is more then adequate. (Rev 01/12) Page 8 of 11 • N' N z FINDINGS REQUIRED FOR GRANTING A SPECIAL EXCEPTION [Sec. 70- 373(c), LDR pages 19 & 20] It is the Applicant's responsibility to convince the Board of. Adjustment that approval of the proposed special' exception is justified. Specifically, the Applicant should provide in his /her application and presentation sufficient explanation and documentation to convince the Board of Adjustment to find that: 1. The use is not contrary to the Comprehensive Plan requirements The property has had a commercial usage since 1987 and is recognized: as commercial on the comprehensive plan. The property has.been sed.z repairs nd welding. 2. She use is spcifcally authonzed"as a special exception use in the zoning district. Yes it is. 3. The use will not have an adverse effect on the public interest. It will not. It has had the same usage since. 1987. 4. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. There has been no detrimental effect :since .1987. 5. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. The property is located on a 4 lane SR with SW 12th Ave'along its entire western boundary. The area is primarily developed. 6. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. The usage will not.change. It has had the same usage since 1987. 7. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. Ingress and egress is more than adequate with SR 70 to the north -and SW 12th Ave to the west. The size and the design of the property is more than adequate. 8. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The retention and drainage are in place. Flooding.or drainage has not been an issue since 1987. e 4 The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light of the above standards and required findings and offer a recommendation for approval or denial. NOTE: AN APPROVAL OF A SPECIAL EXCEPTION EXPIRES IF A BUILDING PERMIT APPLICATION HAS NOT BEEN SUBMITTED WITHIN TWO YEARS OF THE APPROVAL [Sec. 70- 348(4)1 (Rev 01/12) Page 9 of 11 GIS / MAPPING DEPARTMENT 3 SR 7C) 1 I ' 2ND OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE W.C. "BILL" SHERMAN, PROPERTY APPRAISER Legend PROPERTY BOUNDARY all WITHIN 100' 12 13 14 15 16 '',"; ■3 19 20 21 3-21-37-35-0170-00030-007B OCIEPKA PEGGY M 1105 5TH ST BHR OKEECHOBEE FL349740405 14 15 16 17 18 PO 20 3-21-37-35-0170-00030-017A SCHREIN GREGORY LEE & JANE MAR 5705 HOOD ROAD PALM BFEAC3H4iG8ARDENS L3 —r 2 THIS MAP HAS BEEN COMPILED FROM THE MOST AUTHENTIC INFORMATION AVAILABLE AND THE OKEECHOBEE COUNTY PROPERTY APPRAISERS OFFICE DOES NOT ASSUME RESPONSIBILITY FOR ERRORS OR OMMISIONS CONTAINED HEREON L_ PARK 21\11:, ANGELA JONES-FOWLER, LISP Date. 11/7/2013 PIN_DSP 1- 17- 37- 35 -0A00- 00017 -0000 1- 17- 37- 35 -0A00- 00017 -0000 1- 20- 37 -35- 0010- 00000 -0050 i1- 20- 37 -35- 0010 - 00000 -0070 1- 20- 37 -35- 0010- 00000 -0080 1- 20- 37 -35- 0010- 00000 -0090 1- 20- 37 -35- 0010- 00000 -0100 1- 20- 37- 35 -0A00- 00001 -0000 1- 20- 37- 35 -0A00- 00004 -0000 3-16-37-35-0160-00270-0110 3- 16- 37 -35- 0160- 00270 -0120 3- 16- 37 -35- 0160- 00270 -0140 3- 21- 37 -35- 0170- 00020 -0010 C3- 21- 37 -35- 0170- 00030 -0010 3- 21- 37 -35- 0170 - 00030 -0020 3- 21- 37 -35- 0170- 00030 -0030 3- 21- 37 -35- 0170- 00030 -0050 3- 21- 37 -35- 0170- 00030 -0070 C3- 21- 37 -35- 0170- 00030 -007B 3- 21- 37 -35- 0170- 00030 -0090 3- 21- 37 -35- 0170- 00030 -0140 3- 21- 37 -35- 0170- 00030 -0170 3- 21- 37 -35- 0170 - 00030 -017A 3- 21- 37 -35- 0170- 00030 -0190 3- 21- 37 -35- 0170- 00030 -0210 3- 21- 37 -35- 0170 - 00060 -0010 3- 21- 37 -35- 0170- 00060 -0030 3- 21- 37 -35- 0170- 00060 -0050 3- 21- 37 -35- 0170 - 00060 -0070 3- 21- 37 -35- 0170 - 00060 -007A 3- 21- 37 -35- 0170- 00060 -0090 OWNER_NAME ROWLETT JOSEPH CUMBER ABDUL M & CUMBER YASMIN CISNEROS AMILIA ROMERO CARLOS & RAMONA & ROMER ROMERO CARLOS & RAMONA LAKESHORE LEASING LLC FISCHER JUDE & GRACIELA DG OKEECHOBEE LLC N & A CONSTRUCTION INC WILLIAMS LEON S (LIFE ESTATE) BROTHER IN LAW ENTERPRISES INC BIG LAKE INVESTMENTS INC BEATY D S REVOCABLE TRUST AGRE NORTON WALLACE W NORTON WALLACE W NORTON WALLACE & NORTON TAMELA CITY ELECTRIC SUPPLY COMPANY CUEVAS RACIEL S & LOURDES M TR OCIEPKA PEGGY M OCIEPKA PEGGY M ROBBINS ROBERT WADE SECRETARY OF HOUSING & URBAN D SCHREIN GREGORY LEE & JANE MAR MCGLAMORY BARBARA A & EDWARD E SNYDER MARY R BRADLEY SHEILA & FREDERICK PADGETT ROY E & VIANKA R OKAB RASEM & HALEEM RAFIK BONILLA MIGUEL A & JOSEFA SCHREIN GREGORY LEE & JANE MAR HORNICK LORA E & HORNICK REBEC ociepka300, 11/7/2013, Page 1 ADDRESS_1 ADDRESS_2 PO BOX 1322 12844 GETTYSBURG CIR 1725 SW 2ND WAY 1653 SW 2ND WAY 1653 SW 2ND WAY 7610 NW 89TH CT 2180 SW PAMONA ST 10751 DEERWOOD PARK BLVD #105 -892-EN-PARK-ST 1, t� . rr- ROBERT & LAVERNE WILLIAMS 1117 NW 2ND ST 221 NE PARK ST 101 NW 11TH AVE P 0 BOX 1259 100 SW 11TH AVE 100 SW 11TH AVE 400 S PARROTT AVE P 0 BOX 607099 903 KANSAS AVENUE STE P 1105 5TH ST BHR 1105 5TH ST BHR 1112SW 2ND ST 451 SEVENTH STREET SOUTHWEST 5705 HOOD ROAD 1104SW 2ND ST 102 SW 11TH AVE 204 SW 11 AVENUE 1103 SW 2ND ST 2709 SE 25TH CT 103 BETHPAGE ROAD 5705 HOOD ROAD 1111 SW 2ND STREET CITY_NAME OKEECHOBEE ORLANDO OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE PT ST LUCIE JACKSONVILLE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE LAKE WALES OKEECHOBEE OKEECHOBEE OKEECHOBEE ORLANDO MODESTO OKEECHOBEE OKEECHOBEE OKEECHOBEE WASHINGTON PALM BEACH GARDENS OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OCALA HICKSVILLE PALM BEACH GARDENS OKEECHOBEE ST FL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FL CA FL FL FL DC FL FL FL FL FL FL NY FL FL ZIPCODE 349731322 32837 349743905 349743905 349743905 34972 34953 32256 34'72 349722805 34972 34972 338591259 349744038 349744038 349740000 328607099 95351 349740405 349740405 34974 204108000 33418 349740000 349744038 34974 349740000 34471 11801 33418 349744008 LJ. C. 9-Y. 70 1001A/W (DOT) 10'1VW (P) 20 ASPHALT 7 1 6 BOLT FD. 21 6ECT 1 017 CORNER GECTI0ri LIf1E o� PP R/W t P R/W ( DOT U J 6 35, 00' (C,P) PP PP i ° 50' (P) Ar 1CHOR wn -4 A =•82 15. ' ABS m 19. 5' C1'1P N89°46' 00" W 99. 51' (F) 100. 00' ( DOT) ABS PARK 1 h G n 29. 9' CHOP 3. 4' 29. 9' 29.9' L O T I Q M a N N LO N N w V CO N O a . o cI, PP n w 0 LOT a 50'(P) 6.31'(F) 5.06'(DOT) 28.08'(C) 21.26' ( DOT) f1ETAL 'LOG. • t LOT 8 50' (P) WELT 100' LOT 11 N89°42' 55' E 100. 00' (C, 0) WELT 100' LOT 12 150' (P) PP ` ABF S89'42'55'W 100 24'(F) 100'(P) N89°42' LOT 7 N Cr cn CD O C/7 WELT 10o, LOT 15 S89° 54' 13' E 100. 00' ( F. 0) PP ,, ABS ( ,a ,' !hH AI`(CHOR - To ABF vino No. 2084 4 LOT 14 ABS Arm ABS S89° 54'13' E 100.15' (F) S89° 54'13' E 200. 15' (F) 200' (P)� 100; 1 J d. _ ` `K 3 15'Y LOT 15 LOT 16 rn W LC/ LOT 17 ABF: BF WI 517 Li Staff Report Special Exception Request Prepared for: The City of Okeechobee Applicant: Peggy M. Ociepka Petition No.: 13- 004 -SE Planning & Management Services, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 239 -334 -3366 Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: Peggy M. Ociepka Petition No. 13- 004 -SE General Information Owner / Applicant Applicant Address Site Address Contact Person Contact Phone Number Email Address Future Land Use Map Classification Zoning District Use of Property Acreage Peggy M. Ociepka 1105 5th Street, BHR, Okeechobee, FL 34974 1127 SW Park Street P. Berger, Agent 863 - 634 -8439 Existing Commercial CHV, Heavy Commercial Unoccupied , former John's Auto Electric & Auto Service 0.385 Proposed Commercial CHV, Heavy Commercial Welding and repair service 0.844 Legal Description of Property Location: 1127 SW Park Avenue, Okeechobee, FL Parcel Identification Number: 3- 21- 37 -35- 0170 - 00030 -0090 (lot with existing improvements) and 3- 21- 37 -35- 0170 - 00030 -007B (adjacent vacant lot to south). ALL OF LOTS 9 AND 10 AND THE WEST 100 FEET OF LOTS 11, 12 AND 13, BLOCK 3, SOUTHWEST ADDITION TO OKEECHOBEE, FLA., ACCORING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3, PAGE 7 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND PARCEL I: THE EAST 50 FEET OF LOTS 12 AND 13, BLOCK 3, SOUTHWEST ADDITION TO OKEECHOBEE, FLA., ACCORING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3, PAGE 7 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND PARCEL II: THE SOUTH 100 FEET OF LOT 7, BLOCK 3, SOUTHWEST ADDITION Serving Florida Local Governments Since 1988 1 Staff Report Special Exception Request Applicant's Name: Peggy M. Ociepka Petition No. 13- 004 -SE TO OKEECHOBEE, FLA., ACCORING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3, PAGE 7 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, Item Before the Board of Adjustment The matter for consideration by the City of Okeechobee Board of Adjustment is a Special Exception for welding and repair business of a nature similar to that having been operated on the property since 1987. The former business ceased to exist at this location sometime in 2010 resulting in a period of nonuse in excess of 180 days. Therefore, under the provisions of Sec. 70- 373(f), any prior approval has lapsed and the new owner must obtain a special exception approval before undertaking welding and repair operations. Description of the Situation The parcel carries a Future Land Use designation of Commercial and is zoned CHV, Heavy Commercial. The site was previously operated under the name of John's Auto Electric & Auto Service. The northernmost office /storage building was constructed in 1986 and the 3,000 square foot garage building adjacent to it was built in 1997. According to the application the activities to be undertaken are essentially the same as under the prior owner, with all welding and repair activities to be conducted within the building. There will be from three to five employees and the business will operate Monday through Friday between the hours of 8:00 AM and 5:00 PM. It should be noted that the existing use is housed in a nonconforming structure as defined in the LDRs as follows: "Nonconforming structure means a lawful building or structure existing on the date of enactment or amendment of these regulations, but which does not conform to the yard, setback, coverage, height, parking, landscaping or supplementary regulations of the district in which it is located." The original 1,320 square foot structure conforms to all setback requirements. It is difficult to tell without a survey, but the 3,000 square foot garage appears to be noncon- forming with respect to the required street side yard setback of 15 feet. The new owner will not be required to address these nonconformities. However, the combined structure is also nonconforming as to landscaping and parking requirements. Specifically there are no shade trees or shrubs provided as required under Sections 90 -532 and 90 -534. In addition, the four parking spaces along the east side of the office are not paved or lined. Section 90 -35(d) sets forth the regulations governing how a nonconforming structure is treated when the underlying land is sold. In this case, Section 90 -35(d) requires that the landscaping requirements be met "to the extent reasonably possible." Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: Peggy M. Ociepka Petition No. 13- 004 -SE Further, Section 90- 35(d)(1) requires that those portions of the property that have been used for off - street parking but are unpaved or unmarked or otherwise do not meet the City's design standards should be improved to City standards for off - street parking and vehicular use areas. Adjacent FLUM Classification, Zoning District, and Existing Land Use North Future Land Use Map Zoning District Existing Land Use East Future Land Use Classification Zoning District Existing Land Use South West Future Land Use Classification Zoning District Existing Land Use Future Land Use Classification Zoning District Existing Land Use Commercial CHV Across SR 70: MH /RV Park, vehicle sales and retail stores Commercial CHV Vehicle Single - Family to the immediate south of the property to the south of the existing garage. CHV & RSF -1 Church and Vacant The property west of SW 12th Av. is in the unincorporated part of the County, FLU is: Commercial? ? ? ?? Vacant Consistency with Land Development Regulations Section 70- 373(b) requires that the Applicant address the following standards for granting a Special Exception, during his /her presentation to the Board of Adjustment. The Applicant has submitted, as part of the submission, brief statements and informa- tion addressing these standards. The Applicant's statements are shown in Times Roman typeface. Staff comments follow and are shown in bold Arial typeface. Serving Flotilla Local GoNcrn mmnta 'ince 198H Staff Report Applicant's Name: Peggy M. Ociepka Special Exception Request Petition No. 13- 004 -SE (1) Demonstrate that the proposed location and site are appropriate for the use. "The property is located on a major 4 lane SR with a corner on SW 12th Ave. Ingress & egress and parking are more than adequate with access from SR 70 and SW 12th Ave." We agree that the location and site are appropriate for the use. The prop- erty is located within the Commercial Corridor and is zoned CHV and is generally surrounded by nonresidential zoning and uses except for the single - family use immediately to the south of the vacant parcel also being purchased by the Applicant. (2) Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. (3) "The present building is designed with garage doors so that all work can be completely performed inside. It is the intention that no work will be performed outside." We agree. As we understand it the activities to be undertaken are of the same nature as was the case with the previous occupant. We recognize that the Applicant is making no changes to the property that would indicate intensification of the use. We see no need for any specific design efforts. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. "Work will be performed inside — the property will have the same use that it has had since 1987." We agree that no special visual screening will be necessary. However as a result of the impending transfer in ownership, the new owner will be required to provide landscaped buffers in conformance with the requirements of Sections 90 -532 and 90 -534. (4) Demonstrate what is proposed to reduce the impacts of any potential hazards, problems or public nuisance generated by the use or explain how the nature of the use creates no such potential problems. "All work will be done inside as it has been done for the past 26 years." We agree, assuming there will be no outside storage materials or customer property prior to or awaiting repair or any repair or welding activity conducted outside the building. Serving Florida Local Governments Since 1988 4 Staff Report Applicant's Name: Peggy M. Ociepka Special Exception Request Petition No. 13- 004 -SE (5) Demonstrate how the utilities and other service requirements of the use can be met. "Utilities are presently in place and have been in use since 1987." We are unaware of any problems with utility services to the site in the past, and would not expect renewal of similar activities on the site to place any greater demand on public services than the previous operations. (6) Demonstrate how the impact of traffic generation will be handled off site and on- site. "There is plenty of room on site for vehicles to swing into the building and through large garage doors. Parking is more than adequate" Traffic generation should be similar to that previously occurring under the former operations. However, based on the City's parking requirements, this business should provide about 23 off - street parking spaces. This is based on the requirement for one space for each 150 square feet of floor area in the 3,000 square foot garage and one space for each 300 square feet of non - storage space in the original 1,320 square foot office. The new owner is not required to provide additional parking. However, he /she must address the requirements of Section 90- 35(d)(1). This means that the four (4) unpaved parking spaces should be improved to city standards with pavers or other dustless surface and the driveway should also be similarly improved. Section 70- 373(c) (1) — (8) When reaching a conclusion on a Special Exception request, the Board of Adjustment shall consider and show in its record the following findings as set forth in Section 70- 373(c)(1)-(8). The required findings are listed below followed by the Applicant's statements in Times Roman typeface. Staff comments follow and are shown in bold Arial typeface. (1) The use is not contrary to the Comprehensive Plan requirements. "The property has had a commercial usage since 1987 and is recognized as commercial on the comprehensive plan. The property has been used for repairs and welding. We agree. The Commercial Future Land Use Category envisions a wide variety of commercial uses and mechanical and repair services is con- sidered one of the uses allowable. Serving Florida Local Governments Since 1985 5 Staff Report Special Exception Request Applicant's Name: Peggy M. Ociepka Petition No. 13- 004 -SE repair services is considered one of the uses allowable. (2) The use is specifically authorized as a special exception use in the zoning district. (3) "Yes it is." We agree. §90- 283(7) specifically lists "Mechanical and repair services" as a special exception use in the CHV District . The use will not have an adverse effect on the public interest. "It will not. It has had the same usage since 1987. We agree. The use, its operation and impacts will not significantly differ from those associated with the former use of the property and will have no adverse impact upon the public interest. (4) The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. (5) "There has been no detrimental effect since 1987." We agree that the location and site are appropriate for the use. The prop- erty is located within the Commercial Corridor and is zoned CHV and is generally surrounded by nonresidential zoning and uses except for the single - family use immediately to the south of the vacant parcel also being purchased by the Applicant. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. "The property is located on a 4 lane SR with SW 12th Ave along its entire western boundary. The area is primarily developed. The renewed location welding and repair service on the site, should have no impact that would be expected to adversely affect property values or living conditions in the area. Its characteristics are the same as the former use. Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Peggy M. Ociepka Special Exception Request Petition No. 13- 004 -SE (6) The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. (7) "The usage will not change. It has had the same usage since 1987." We agree that no special visual screening will be necessary. However as a result of the impending transfer in ownership, the new owner will be required to provide landscaped buffers in conformance with the requirements of Sections 90 -532 and 90 -534. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. "Ingress and egress is more than adequate with SR 70 to the north and SW 12th Ave to the west. The size and the design of the property is more than adequate. Density is not an issue with a commercial use and no increase in commercial intensity is envisioned that would have a negative effect upon public services or facilities. (8) The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "The retention and drainage are in place. Flooding or drainage has not been an issue since 1987." We agree that neither will traffic congestion be increased nor traffic safety be compromised by location of the welding and repair services on the site. Since there is no physical change to the structures or other improvements except for the paving of the four parking spaces and repaving of the driveway, there should be little, if any, change in the drainage situation. Serving Florida Local Governments Since 1988 7 Staff Report Special Exception Request Applicant's Name: Peggy M. Ociepka Petition No. 13- 004 -SE Recommendation Staff recommends approval based upon the foregoing analysis and findings with the following stipulations: 1. The four parking spaces on the east side of the office are improved to City standards with pavers or other dustless surface. 2. The driveway is improved to City standards with a dustless surface. 3. Landscaped buffers are provided in conformance with the requirements of Sections 90 -532 and 90 -534. Submitted by: Wm. F. Brisson, AICP Planning Consultant December 4, 2013 Board of Adjustment Hearing: December 19, 2013 Attachments: Future Land Use Map Zoning Map Aerial Photograph Showing Existing Land Uses Google Street View Servin= Florida Local Governments Since 1988 Staff Report Applicant's Name: Peggy M. Ociepka Special Exception Request Petition No. 13- 004 -SE Subject Property 1 1 1 1 1 FUTURE LAND USE MAP SUBJECT SITE AND ENVIRONS Am I IN VV rar Si. SW 2nd �t.� L: SW 3rd St. COMPREHENSIVE PLAN LAND USE SINGLE - FAM LY MULTI - FAMILY COMMERCIAL INDUSTRIAL PUBLIC FACILITIES RESIDENTIAL MIXED USE Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Peggy M. Ociepka Special Exception Request Petition No. 13- 004 -SE Subject Property ZONING MAP SUBJECT SITE AND ENVIRONS IN VV rci1K bi. 1:3U 733 1 ZONING - COD - COMM BUSINESS DISTRICT - CHV - HEAVY COMMERCIAL • CLT - LIGHT COMMERCIAL CPO - COMM PROFESSIONAL OFFICE H - HOLDING IND - INDUSTRIAL PUO - PUBLIC FACILITIES PUD -MUTED PUD-R - RMF RESIDENTIAL MULTIFAMILY RMH - RESIDENTIAL MOBILE HOME RSFI - RESIDENTIAL SINGLE FAMILY RSF2 - RESIDENTIAL SINGLE FAMILY :2 et • 10 Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: Peggy M. Ociepka Petition No. 13- 004 -SE AERIAL PHOTOGRAPH SHOWING EXISTING LAND USES Aut• Ee& Aq =Sales Singl amil 10 30 Serving Florida Local Governments Since 1988 11 Staff Report Special Exception Request Applicant's Name: Peggy M. Ociepka Petition No. 13- 004 -SE GOOGLE STREET VIEW 12 Serving Florida Local Governments Since 1988 Patty Burnette From: robert robbins <kronic2345 @yahoo.com> Sent: Saturday, December 14, 2013 12:38 AM To: pburnette @cityofokeechobee.com Subject: special exception petition no. 13-004-se To whom it may concern, My name is Robert Robbins and currently live at 1112 sw 2nd street directly behind the business in question. Due to my work schedule i will not be able to attend the meeting on dec 19, 2013. 1 do however have a few concerns, they are as follows. 1. Safety - -i have observed kids and adults alike use the vacant land behind the business as a short cut to other areas, i myself have 2 kids and since there is no fence or barrier preventing such activities or actions, i can foresee accidents possibly occuring. Also another concern would be the amount of foot traffic coming in and out of the business, i currently do not have a fence around my property and what would stop patrons or employees from coming onto my property, whether it be from not knowing or just not caring, and that also concerns me having kids. 2. Noise - -I am not familiar with the amount of noise a business such as this can generate throughout the day, but i currently work 6pm -6am overnight and have to sleep during the day. Loud noise would interfere with my sleep schedule, which would cause issues with my job performance. 3. Property value -- negative effects of property value are also concerning. Feel free to contact me if need be, either through e- mail(kronic2345©yahoo.com), or phone 863 -697- 1753 I appreciate you taking my concerns into consideration, and if all these issues can be resolved then i would have no objections. Thank you. 1 .44?isitiDEPENDENT NEWSPAPERS OKEECHOBEE NEWS 107 S.W. 17th Street, Suite 0, Okeechobee, FL 34974 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Tom Byrd, who on oath says he is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a LL , in the matter of K in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of [;1 k ) Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication orthe attached copy of advertisement, and affiant fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement for publication in the said newspaper. Toni Byrd Sworn to and subscribed before me this J(01 day of tL`f-/C.-J-11/t-A''' -7c‘Lf I Notary Public, State of Florida at Large ANGIE BRIDGES t*E MY COMMISSION # EE 177653 EXPIRES: April 20, 2016 11444,4:;* Bonded Thru Notary Public Underwriters /111.10110.0%7411141M1•10‘1.....,,,,WAGPASMOWNWPOtaramateueOr (863) 763-3134 PUBLIC NOTICE . CONSIDERATION OF A PROPOSED SPECIAL EXCEPTION A PUBUC HEARING will be held before the City of Okeechobee Board of Adjustment and Appeals on Thursday, December 19, 2013 at 600 p.m. or as soon thereafter as possible, at City Hall, 55 SHrd Ave, Coundl Chambers, km 200, Okeechobee, Florida. The agenda Is available on the Qty website www.cityofokeechobee.com, or cbntact the General Services Department, pbumettetbdtyofokeediobeecom, 863-763-3372 x 218: tinder consiion is Special Excehtlon Petition No. 13-004-SE submitted by property owner Peggy M. Oclepka, to permit use of mechanical and re- pair services within a Heavy Commercial (C-9O Zoning District, ref. Code Book Section 90-283(7). The proposed use Is for a welding and repair ser-, vice business. Property is located at 1127 SW Park Street, Legal: South 100 feet of Lot 7, West half of Lot 11, all of Lots 9,10, 12 and 13, of Block 3, City of Okeecho- bee, Plat Book 2, Page 7 Okeechobee County public records, and Is approxi- mately 0.84 acres. Ail members of the public are encouraged to Attend and partidpate. In said Hearing. The entire petition may be inspected during regular business hours, Mon-Fri, 8am-4:30pm, except for holidays. The Board of Adjustment and Appeals serves as the decision making body (quasi-judicial), on behalf of the City, to approve or deny Special Excep- tions. ANY PERSON DECIDING TO APREAL any decision made by the Board with respect to any matter considered at this meeting will need to ensure a ver- bahrn record of the proceeding is made and the record includes the testimo- ny 'and evidence upon which the appeal will be based.. In accordance with the Americans with Disabilities Act.(ADA), any person with a disability as de- fined by the ADA, that needs special accommodation to parodpate in this proceeding, contact the General Services Office no later than two business days prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show any document, picture, video or ith_ms to the Board in support or Opposition to any item on the agenda; a copy of the docpment, picture, video, or item must be provided to the Board Secretary for the City t records by: Man Whitehall, Zoning Administrator Petition No. 13-004-SE 457467 ON 12/1 & 12/11/2013