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13-004-SE Peggy OciepkaCity of Okeechobee Geieral Services Department 55 S.E. 3'd Avenue, Room 101 Okeechobee, Florida 34974 -2903 Phone: (863) 763 -3372, ext. 218 Fax: (863) 763 -1686 Date: I- r] -13 Petition No. -90Gi -se Fee Paid: 500,00 Jurisdiction: e.(}f'{ D 1st Hearin 2nd Hearin g' j t t i 3 g' Publication Dates: 10) t ( I a l 1 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 3 000 s c r4 • Sb L%9rFottAi 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? (V) No ( ) Yes. If special exception, variance, or site plan approvals on the yes provide date, petition number and nature of approval. & welding since 1987 Special Exception ( ) Variance The property was used for repair Request is for: ( ) Rezone ('1) 16 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. Signate (fi) Printed Name FPggy M Oh Th.pkA Date -13 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 Applicant =s 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 11@ x 170 containing: a. certified boundary survey, date of survey, surveyor-s 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) '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. Signate (fi) Printed Name FPggy M Oh Th.pkA Date -13 For questions relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 (Rev 01/12) Page 2 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 November , 2013 • 9epi L/// 6 Ii--d' _/3 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 x or produced as identification and did not take an oath. f) Notary Public, State of Florida Seal: VICKI t. AM MON WIN Pak • 11* M Soria* My Cowes. Won Adr 13, 2016 c. •EEMtu (Rev 01/12) Page 3 City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Tele: 863 - 763 -3372 Fax: 863 - 763 -1686 LAND USE POWER OF ATTORNEY Name of Property Owner(s): Peggy M. Ociepka Mailing Address: 1105 5th Street, BHR, Okeechobee, FL 34974 Home Telephone: 863 -763 -1601 Work: Cell: Property Address: 1127 SW Park St., Okeechobee, FL 34974 Parcel ID Number: 3-21,37-35-0170-00030-0090; 3- 21 -37 -35 -0170- 00030 -007B Name of Applicant: ki t t ,p '4 Q 4 1 , , 0 " - H o m e Telephone: < 4 0 3 - -7 3- S t 77 Work: c 6 , 3- 76 _9 - 83'3=; Cell: 8 6 3 " "6 341 - 8't13 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 2013. 1 �° Wiz . r ICJ ,2.e, ' tic A.. n.1-7 � , •+'' 'R W 01 ESS 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 foe purpos tated therein. Sworn and subscribed this 6 day of November 2013. iNotary /C Public: -Z._ . 9/1 SEAL .,;-r- VICKI S. ANDERSON ,, \: Nary Pak _ SUN ol Redd' Commission Expires: / - b/ (Rev 01/12) CuniuNon • ft S4112 Page 5 A ADDITIONAL INFORMATION REQUIRED FOR A SPECIAL EXCEPTION _ Describe the Special Exception sought: c 0 c 3 7J `ri-1e..` spec( _t AL . CkEtrtCt lc•%L1 --I- Pit {rod v.{e(-blrj y 2�PA.ii? Mecha.vtical Q Are there similar uses in the area? No (X ) Yes If yes, briefly describe them: at ! N , c_v< 1 a- c_ ELt' 3 v..1 ` J Al? IL` 'rPA,2 s 10c& S• FAQ -r, ,5 eE. o vJ N c '019-1'. ai Lo"i f -10 I_u`TS 241zs,Z�t2,LK )(,.2 V•i prrJ(, �vJ 11bDN 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: . ■J co J c.•r- tv r r i C > Ors T N `Z -5 U I L-D 11.-} 4 _ ' o4,ut< W- PP 11 weLb#4ci . -- 3 a Ni 41 LCT(1 > . 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. - kito o 2 1 1,) S‘ c . N F t cAN'i IN f# 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] ecivc CT. 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 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 antl presentation sufficient explanation and documentation to convince the Board of Adjustment to find that: I . The use is not contrary to the Comprehensive Plan requirements The property has had a commercial usage since 1987 and is recognizeddas commercial on the comprehensive plan. The property has.been sedre airs and welding. 2. e use is specifically authorized as 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. tl 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 notchange. 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. The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in Tight 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)] (Rev 01/12) Page 9 Parcel ID Number. 3- 21- 37 -35- 0170 -00030 -0120 Goatee #1 TIN: 267 -74 -7428 MK 375 PAcc1186 Jocumel_lta timpa pold In.tho antountot Warranty Deed Ailed Tbis Indenture, Made this fp day of ,19 g A.D. , Between WILLIAM D. NEWELL, of the County of HERNANDO JOHN!. OCIEPKA, a married man, suite or Florida whose address bc 36 5th Street, BH HOBEE, Florida 34974 of the County of OKEECHOB , grantor, and State of Florida , grantee. Witnesseth that the GRANTOR, for and in • • the sum of TE I I ($IQ00) - - - DOLLARS, and other good and valuable consideration to 0 d by GRANTEE, the receipt whereof is hereby aelmowtedged, has granted, bargained and sold to the said GRAN I:fa �� S heirs and assigns forever, the following described land, situate, lying and being In the County of OKEECHOB �or Florida town: The West 100 feet of Lo TO OKEECHOBEE, accordin. to Book 2, Page 7, Public Records o Subject to restrictions, r if any, and taxes subsequent to 1996. The property herein DOES NOT constitute the HOMESTEAD of the grantor (s). , Block 3, SOUTHWEST ADDITION thereof recorded in Plat echobee County, Florida. and easements of record, 280556 and the grantor does hereby fully warrant the title to said land, and will der In Wtness Whereof, the grantor has hereunto set his Signed, sealed and delivered in our presence: Printed name: Pe Aid,eri N tda Printed name: lPAT124 G A A• . Ft.EUg- Witness OKEECCf O .E C OIF 96 HER -8 PM 3: 28 Ct RKROF CIR UIT COW] STATE OF Florida COUNTY OF HERNANDO The foregoing instrument was acknowledged before me this WILLIAMD. NEWELL, who is personally Imowa to ma 161s Document Prepared By: RETU 0 4timCt1OBBB ABSTRACT &T 1E same against lawful d and seal the da of all persons whomsoever. rust above written. WILLIAMD. WELL P.O. Address 6379 Alderwood Street, SPRING HILL, FL 34606 (Seal) 6441 h day or g.al'4.b , 19 'Zby INSURANCK INC. Printed Nam e: 'PA4 g.icrA t4. Fc_EcKL V-► NW 3NW 3rd Street NOTARY PUBLIC OKEECHOBEE , PL 34972 My.ConusIstion 27588 r Y EAL PATRICIAN A FLECK NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC249899 MY COMMISSION EXP. AN. 41997 Docu Class C rte ors solar Stamps paid in the amount of r t de Of gibfe lax paid in the amo WIG 20. dale 1475 7 Pared ID Nambe : 3- 21- 37 -35- 0170 - 00030 -0120 Grantee 81 TIN: 267 -74 -7428 Warranty Deed This indenture, Made this 10th day of HENRY D. DIETRICH, (tithe County of OKEECHOBEE JOHN J. OCIEPKA, whose address is :1127 SW Park Str oldie County of OKEECHOB Witnesseth that the GRANTOR, for and FRED FOR RECOIU) OKEECHOBEE: n. FE_. 97 SEP .I I PI; 23 SHARQ:: it03Efl SO:: CLERK OF (:IRCM i COW: September ,1997 A.D. , , State of Florida ECHOBEE, Florida 34974 , State of Florida , grantee. f the sum of Between , grantor, and /100($10.00), d paid by GRANTEE, the receipt whereof is hereby acknowledged, has E'S heirs and assigns forever, the following described land, situate, or Florida to wit: s 12 and 13, Block 3, SOUTHWEST to the plat thereof recorded rds of Okeechobee County, DOLLARS, and other good and valuable consideration to 0 granted, bargained and sold to the said GRANTE lying and being in the County of OKEECHOB PARCEL I: The East 50 ADDITION TO OKEECHOBEE> in Plat Book 2, Page 7, Pub Florida. 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, a grantor has hereunto set his hand and seal the day and year first above written. delivered nee: HENRY D. DIETRI P.O. Address 1112 SW 2nd Street. OKEECHOBEE, FL 34974 Seal) DORA A. SEABO Witness Johanna K. Jarr08 MY COMMISSION a CC585381 EXPIRES DECEMBER t, 2000 BONDED THnU TROY FAIN assunanCE, INC. STATE OF Florida COUNTY OF. OKEECHOBEE The foregoing instrument was acknowledged before me this 10th day of September , 19 97 by HENRY D. DIETRICH, who is personally known to me. This Document Prepared By: OKEECHOBEE ABSTRACT & TITLE INSURANCE. INC. 302 NW 3rd Street OKEECHOBEE , PL 34972 80395 PAGE1550 28778 (7ec (o:. BG K 37O PACE 813 This Instrument Prepared and Return toe Robert V. Kennedy 200 NN 4th Avenue Okeechobee, P2. 34972 Parcel 90. 3- 21- 37- 35.0170 -00030 -0090 THIS WARRANTY DEE D. DIETRICH, a s J. OCIEPKA, a m North Park Stree the Grantee. de the 14th day of September, 1995 by HENRY an hereinafter called the Grantor, to JOHN n whose post office address is 1104 West obee, Florida, 34972 hereinafter called WITNESSETH, That the $ 10.00 and other va acknowledged, hereby grants and confirms unto the County, State of Flori Lots 9 and 10 and the Wee 10 3 of the Southwest Addition thereof recorded in County, Florida. or and in consideration of the sum of naideratione, receipt whereof is hereby s, sells, aliens, remieee, releases, conveys at certain land, situate in Okeechobee t of Lot 11, all being situated in Block echobee, Florida, according to the plat age 7, public records of Okeechobee Subject to restrictions, reeervations and easements 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 seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persona whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 1994. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and_year first above wri den. Signed,.eeeled'aand delivered ,inntth�e^ pro enoe oft i C. WITNESS V k'//') 1: Print Witness Name WITNESS C±GR,Ctece. 13JretjejN Print Witness Name HENRY D '.DIETRICH �' Rt. 2, Box 50 Jennings, FL 32053 oocu etagr4spoldIntheamountof ClerkotCtrcuttCoott 19. tetk STATE OF FLORIDA COUNTY OF OREECHOBE I HEREBY CERTIFY that on this acknowledgments, personally described in who executed t the same. ( Said persons) is/ following t e of identification sctcx 370 PACE 814 me, an officer duly authorised to administer oaths and take D. DIBTRICR, a single man known to me to be the persona nstrument, who acknowledged before se that they executed ally known to me. ( ) Said persons) provided the cents L� County and State last aforesaid this ( ! day of WITNESS my hand and offs September, 1995. tV W Ce) U) Crs ace o= NO HV LEI- 4J— NU cr— 00 CC ..UWECE BUROESNAw •Y cowasscN / CC 935c91 QOM Amy 1D, 1999 WOO Ito Malay Pubic lhldaW9tm DEC.21.2012 10:54AM COMELY & COMELY PA CONELY & CONELY, FA. NO.001 P.2 OFFICE LOCATION - 401 NORTHWEST SIXTH sTREBZ OICEECROBP3, FLORIDA 34972 MANAVANSZEM POST OFFICE DRAWER. 1367 OKEECHOBBB, FLOh1DA 34973 -1367 T.W. Comex, .1x.1892 -190 Tat W.Cormar,M Dnoix M. 8uom TO WHOM IT MAY CONCERN: December 21, 2012 Tom o s - (863) 7634 FAcw4 u • (863) 763.4 John Joseph Oolepka , a/k/a John J. Ociepka, deceased, was the sole owner of JOHN'S AUTO ELECTRIC, an unincorporated business. The business is now an asset of the Estate of John Joseph Ociepka, a/k/a John J. Ociepka, and Peggy Ocieploa is Personal Representative of the estate. Sincerely, TWC,Imbjl IN THE CIRCUIT COURT IN AND FOR GLADES COUNTY, FLORIDA. PROBATE DIVISION CASE NO. 2012 -CP- 2°11 In re: Estate of JOHN JOSEPH OCIEPKA, a/k/a JOHN J. OCIEPKA, Deceased. LETTERS OF ADMINISTRATION (single personal representative) r• r c.� - t t•-. 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 'II permit and $ $td:oilrfole the law directs; and to make distribution of the estate acc ORDERED ON November 4 , 2012. cc: Conely & Conely, P.A. oftttnoI 43..n. 1Nein i,P; 2."1- day 0! ._ L-,� es • ijOE {.1_lNl. -0. 'Ac -.Tip Ccur, =.y, 0011 a j_ ' • p U°6.HW'Y TO 17 100'11/W ASPHALT 70'11/W (P) 20 R/W (P 1 6 BOLT FD. R/W [ DOT l ► 21 6ECT 10M CORI1ER PP 35. 00' (C, P) PP.. Lo LoI PP M cti �_ ►ao ►a �' ► U PP ► ► ► ► ► ► ► ► PP ► ► ► 0 w 0, w 0 0 0 0 0 Cr) ABS CMP CHOR W f1 R= 82 i0' „1 . 5.6 5. 15.!l'( 15 0'(r.T) 3 PBS 19. 5' 6ECTIOn LICIE • 4. 00 Nw -'1C `O� l EDGE, PAVE, 0r. 6.31' (F) 5. 06' (00T) .RBF; NB9° 46' 00" W 99. 51' ( F) 100. 00' ( DOT) RBS ?"I 6HELL PARK I hG 29, 9' -" 6H0P o 29. 9' ABF w /Cap No, 2084 29, 9' LOT 10 50' (P) 3. 4' LOT 9 50' (P) WE6T 100' LOT 11 N89° 42' 55' E 100. 00' ( C, 0) WELT 100' LOT 12 150'(P) WELT 100' LOT 13 589°54'13°E 100. 00' (F, 0) PP W/ Ar1CHOR LOT 14 PP 0 0 0 0 0 m N. rn m 0 0 0 0 • RBF RBS ABS 28. 08' (C) 21. 26' (00T) METAL 6LDG, LOT B 50'(P) LOT 7 S89 °42'55 "W 100.24'(F) 100'(P) N89 5e Lxr 12: BL 3 Sc \--CT '3 ?,1--i< S89°54'13' E 200 15' (F) 200' (P) 15' ALLEY LOT 15 889054'13'E LOT 16 > 900' Lir7 1J t- 3 100.15'(F) LOT 17 BF: p 8F w/( o. 517E LC PP 35. 00' (C, P) PP ANCHOR Wf1 PP 0 PP •4: 0 A i1° 8' 3 A= 82 r0', -1 5 5 15. ( 15 r'( T) PBS N89°46' 00" W 99. 51' ( F) 100. 00' ( DOT) ABS Cf1P EDGE, PAVE. 4— "' 6HELL n 29. 9' -' HOP 29. 9' PARK 1 n G 3. 4' 29. 9' LOT 10 50'(P) LOT q 50'(P) 00 N. a 01 • 01 3. e o i 0 8 LOT 8 50' (P) 6.31' (F) 5. 06' ( DOT) 28. 08' (C)�� 21. 26' ( DOT) METAL 'LOG. n CO w oy 4 ABS WE6T 100' LOT 11 PP ABF LOT S89°42' 55' W 100. 24' ( F) 100' ( P) N89° 42' 55' E 100. 00' ( C, 0) WE6T 100' LOT 12 150'(P) d WE6T 100' LOT 13 989° 54' 13" E 100. 00' (F, 0) 01 01 w cn ° MH ANCHOR 0 ABF w /Cap No. 2084 LOT 14 ABS N89°42' 55" E 99. 60' (F) PBS S89° 54' 13' E 100.15'(F) cs'S89° 54' 13' E 200. 15' (F) 200' (P) o 15' ALLEY LOT 15 LOT 16 LOT 30 i5 0 30 SCALE : AS SHOWN LEGEND PAM - PERMANENT REFERENCE MONUMENT PCP - PERMANENT CONTROL POINT CMF- CONCRETE MONUMENT FOUND CMS - CONCRETE MONUMENT SET RBF -AEBAR FOUND PBS-REBAR SET w /Cap No.5178 IPF -IRON PIPE FOUND PC - POINT -OF- CURVATURE PT - POINT -OF- TANGENCY POC- POINT -OF- COMMENCEMENT P08-POINT-OF-BEGINNING POL-POINT -ON -LINE (F) -FIELD MEASURE (P) -AS PER PLAT (C)-CALC.DISTANCE (D) -AS PER DEED FC -FENCE ORNR PP, CMP- CORRUGCMETEPIPE TT6B- TOP EOFPBANK —e— OVERHD. L I NE - 101 -WATER METER —x— FENCE LINE UG - UNDERGROUND NOTES L Bearings shown are relative assuming SO0 °00'00 "E along City Limits Line. 2. This survey is based on Information provided by the customer /agent and no search was made of public records by this office to verify or deny owners, easements, or right -of ways. 3. No visible or underground improvement has been located except as shown. 4. This survey is not valid without embossed seal 5. According to FIRM map dated 2/04/1981 panel 40 120177 0230B, parcel Iles In Not Included Area of City Limits, Flood Zone C per Okee. Co. BI dg. Dept. SURVEY OF ALL OF LOTS 9 6 id AND THE WEST 100 FEET OF LOTS 11, 12'& 13; BLOCK 3, SOUTH WEST ADDITION TO OKEECHOBEE, FLA., ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 7 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. CERTIFICATE OF SURVEY I HEREBY CERTIFY THAT THE SURVEY PLAT SHOWN HEREON WAS PREPARED UNDER MY DIRECTION AND SUPERVISION IN ACCORD- ANCE WITH THE FLORIDA ADMINISTRATIVE CODE CHAPTER TRUE RUEAN AND FLORIDA STATUTES SECTION 472.027, DCORRECO THE BES TOOFMY KNOWLEDGEANDABELIEF catii STEVEN W. OEHAYS PSM No. 5178 FB /PAGE: 4T37SW/40 FLO. DATE: 5/2/1996 V O J y DRAW I NG •: 132C 0 0 O O O O O V -01 W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W 0 W W G) W W W W W W W W G) W W W W W W W W W W W W W W W W W W W U1 U1 01 Ut 01 U1 U1 (J1 U1 U1 U1 U1 01 01 (r (J1 V1 U1 CT U) 01 (n (n U1 01 (r U1 U1 U1 O_ O_ O_ O_ O_ O O O O O O_ O_ O_ O_ O O_ O_ O_ _ O O_ O O O O O O O O O ..... 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IV Z 0 ) VONf1O8 AIH dO21d 03 dO SN /ddVW 1N;W1NH OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE 2�3SId2iddV Ala3dO2Jd NVW2A3HS „1118„ 0 Patty Burnette From: Patty Burnette <pburnette @cityofokeechobee.com> Sent: Thursday, February 13, 2014 1:02 PM To: pberger @bergerrealestate.com Subject: FW: Special Exception for 1127 SW Park Street Attachments: PB Minutes 121913.pdf Mr. Berger, forgot to also mention Sec. 70 -373 (e) of the City Code speaks about Change of Ownership and (f) speaks about Nonuse. Thank you, Patty From: Patty Burnette [ mailto: pburnette @lcityofokeechobee.com] Sent: Thursday, February 13, 2014 12:41 PM To: pberger©bergerrealestate.com Subject: Special Exception for 1127 SW Park Street Good Afternoon Mr. Berger: This email is to officially advise you that the Board of Adjustments at its regular meeting on December 19, 2013, approved your Special Exception, Petition No. 13- 004 -SE, to allow a Mechanical and Repair Services within a Heavy Commercial (CHV) 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. Attached herewith please find a copy of the minutes for your records. Approval was granted based on the Planning Staff findings and with the four conditions noted in the minutes. Please reference City Code Book Sec. 70 -348 effective time limit on approvals. Paragraph (4) Special Exception use and variance approvals shall have a valid period of not more than two years, prior to which a building permit application must be submitted or the approval shall lapse. Should you require additional information please do not hesitate to contact me. Thank you, Patty Patty N.. Burnette genera( Services Coordinator City of Okeechobee SS Southeast 3rd Avenue Okeechobee, 'F.L 34974 l et 863- 763 -3372 ext. 218 Tax: 863 -763 -1686 1 D 0 n 0) •uosJedileyo - VON39d 'Al D CO 0 0 a o' _ 0a 0 n = N. 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There was none. 0 > \ 3 / CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:18 P.M. 0 I E E 0 0 -o \ 7 0 -o E § $ Cr" / CO $ \ \ \0 o ƒ / \3 \\ There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 6:18 p.m. V. OPEN PUBLIC HEARING (QUASI- JUDICIAL) - CONTINUED. Vote on motion. 0 \ /{( /k ® Egg/[ \ 2 =�ot §=Em £ �k -�\ - kE& =m Eee_E, E §) E -0 gag-28 . - (� \ }\ 0 k „ ,) /\ / � ) * �� 0 E Too ('3 = w w @ta£ G\ 6 . '■'f£ 5 ƒ 2a=tD 2 - E mw ',T, E2 \E \ W -E LU m0. . §]$«a o w 7 $ z § ®{\ §f E 0 0 \§%t ■ a m J § /fe& m m o ) /§{at \ 111 2 f 22 • Dawn T. Hoover, Chairperson / � Patty M. Burnette, Secretary 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 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 Sing 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; Florida Loral Governments Since 1988 Staff Report Special Exception Request Applicant's Name: Peggy M. Ociepka 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 Staff Report Special Exception Request Applicant's Name: Peggy M. Ociepka 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 1988 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 12t" 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 Special Exception Request Applicant's Name: Peggy M. Ociepka 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 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 Serving 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 FUTURE LAND USE MAP SUBJECT SITE AND ENVIRONS 25 SW 2nd Ll SW 3rd COMPREHENSIVE PLAN LAND USE SINGLE - FAMILY ® 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 MWMIE = 13U 1 F13-3 1VVb ZONING - .5C- COMM BUSINESS DISTRICT - CHV- HEAVY COMMERCIAL all CLT - LIGHT COMMERCIAL CPO - COMM PROFESSIONAL OFFICE j H • HOLDING IND - INDUSTRIAL - PUBLIC FACILITIES z.J D -MIXED PUD-R - RMF RESIDENTIAL MULTIFAMILY RMH - RESIDENTIAL MOBILE HOME IMFt - RESIDENTIAL SINGLE FAMILY RS F2 - RESIDENTIAL SINGLE FAMILY t2' Serving Florida Local Governments Since 1988 10 Staff Report Special Exception Request Applicant's Name: Peggy M. Ociepka Petition No. 13-004-SE AERIAL PHOTOGRAPH SHOWING EXISTING LAND USES 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 Serving Florida Local Governments Since 1988 12 Patty Barnette 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. I 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(F rC?ili % 34 y a h(Jo n), 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 It y i-6,60,00,;:tHirooittiiitinAupwitiu Ns's N n LLss- 6 S .L4 722V 7 a`44 •“c..3S t4 0 I rre..4.1 SNOD V CINC.;;S ciX ;Ii. (VascifiA80.7.: u anuaAV LAT MS 69 uopon..nsuoD togN t.,4114'Ot C.) , n7c,ncw,:i-,0 1,160C ld ‘33$301-103a)10 311N3AV 3S 99 3380H333)10 10 A.1.13 Jo1eu!p1000 SMMINOS lepaue° ellewn8 .W i3led 'LIlnjioadse .pexeypellewe Adoo a aneg 01 ()op Aw ioeluoo Jo woo.eegoyoaarjoAllo le eu!luo algellene s! epue6e eta •sJnoy aoy4o lewJou 6uJnp OOH w!'1IeH' !o le peMarn eq ueo elg uoggad eqj woo :;'J u,leer);(,1oA :i ),,1 e0,n :1 %1 :!lewd JO enoge Jegwnu eq le ew 6uloeluoo Aq pJeoB all of 6u!lJM u! suogoe!go Jo sluewwoo `suogseno JnoA3lwgns dew no t Jo `eiglssod se Jeileaw uoos se Jo ' w•d 00:9 '£ I.OZ '61. Jegweoe 'Asps nq uo OOZ wH 'IIeH , Ole P1e4 '6uueeH oggnd eyl le uosied u! piny eq pue puelle of pel!nu! aie noA •uoneool 00£ uryllM JOUMO i podoid e se eogou dsepnoo s!yl 6u!Meo8J eie nod, 1aaJTs )iJed MS LZ L L le mewl ((L) £82-06 'oes epo0 'je) 'lo!Jls!Q 6u!uoZ le!OJawwoO hne8H a u!y}!M snyues Jledau pue leolueyoev Mope 013S1700-C I. 'oN uoggad uondeox3 le!oeds 6u!Jep!suoo eq II!M sleeddy sluaugsn!py to pJeoB eq j £60Z `17 Jegweoea :JeuMO i pedOJd Jeea 989t.-£9L-£99 :xeJ 13 'eegogoe9)10 86Z '3x3 ZL££-£9L-£98 :8191 enueny pm_ 3s 59 aagoq ee 0 jo An CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863 -763 -3372 Fax: 863-763-1686 CERTIFICATION FOR POSTING NOTICE OF PUBLIC HEARING FOR REZONING /SPECIAL EXCEPTION/VARIANCE PETITION(S) Instructions: 1. Must be posted on the subject property. 2. Must be posted prominently. 3. Must be visible from the most traveled street adjacent to the subject property. 4. There is no specific height or size requirement, provided that the sign can be easily seen by cars or pedestrians that pass by the subject property. 5. Must be posted beginning 15 days prior to the first Public Hearing and remain posted continuously during this time. When a second Public Hearing is required before the City Council, it must remain posted until the final Public Hearing has been conducted. 6. Must be removed within 7 days after the final Public Hearing. Petition Number(s): 13- 004-SE Date of 1St Public Hearing: la-1 9- 13 Address of subject property (or Legal if no address): I I Or 1 0-)W P r k reel h Dailie( -AI(e' accordance with the above instructions on 0 -13 Signature: , hereby certify that I posted the "Notice of Public Hearing" sign in %01 - - /3 , and will remove sign on STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was acknowledged before me this Date: [ _ q / 3 Du - Q, a Dz3 by David Atier\ who is personally known to me /or produced as identification. PM • 1B Lo nt (signature) SEAL: Print, ype or stamp name of Notary Notary Public State of Florida Patty M Bumette My Commission EE 218358 a Patty Expires 10/02/2018 LO-i-3 1a ►3 5 1U1)44 o Lot-`/ ,Iocic.'3 5 0r1L hwe. City of Okeechobee 55 SE Third Avenue Tele: 863- 763 -3372 Ext, 218 Okeechobee, FL Fax: 863 -763 -1686 Dear Property Owner: December 4, 2013 The Board of Adjustments & Appeals will be considering Special Exception Petition No. 13- 004 -SE to allow Mechanical and Repair Services within a Heavy Commercial Zoning District, (Ref. Code Sec. 90 -283 (7)) located at 1127 SW Park Street. You are receiving this courtesy notice as a property owner within 300 feet of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200 on Thursday, December 19, 2013, 6:00 p.m., or as soon thereafter as possible; or you may submit your questions, comments or objections in writing to the Board by contacting me at the number above or email: pburnette a(�ctyofokeechobee corn. The petition file can be viewed at City Hall, Rm 100 during normal office hours. The agenda is available online at cityofokeechobee.com or contact my office to have a copy emailedlfaxed. Respectfully, Patty M. Burnette General Services Coordinator City of Okeechobee 55 SE Third Avenue Tele: 863- 763 -3372 Ext. 218 Okeechobee, FL Fax: 863- 763 -1686 Dear Property Owner: December 4, 2013 The Board of Adjustments & Appeals will be considering Special Exception Petition No. 13- 004-SE to allow Mechanical and Repair Services within a Heavy Commercial Zoning District, (Ref. Code Sec. 90 -283 (7)) located at 1127 SW Park Street. You are receiving this courtesy notice as a property owner within 300 feet of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200 on Thursday, December 19, 2013, 6:00 p.m., or as soon thereafter as possible; or you may submit your questions, comments or objections in writing to the Board by contacting me at the number above or email: pburnette (aDcityofokeechobee.com. The petition file can be viewed at City Hall, Rm 100 during normal office hours. The agenda is available online at cityofokeechobee.com or contact my office to have a copy emailed/faxed. Respectfully, Patty M. Burnette General Services Coordinator Joseph Rowlett P.O. Box 1322 Okeechobee, FL 34973 Carlos & Ramona Romer 1653 SW 2 "d Way Okeechobee, FL 34974 DG Okeechobee LLC 10751 Deerwood Park Blvd #105 Jacksonville, FL 32256 Brother -in -Law Enterprises Inc. 221 NE Park St. Okeechobee, FL 34972 Wallace Norton 100 SW 11th Ave. Okeechobee, FL 34974 Raciel & Lourdes Cuevas 903 Kansas Ave Ste P Modesto, CA 95351 Secretary of Housing & Urban Dev. 451 Seventh Street SW Washington, DC 20410 -8000 Mary R. Snyder 102 SW 11th Ave. Okeechobee, FL 34974 Rasem Okab & Rafik Haleem 2709 SE 25th Ct. Ocala, FL 34471 Abdul & Yasmin Cumber 12844 Gettysburg Cir Orlando, FL 32837 Lakeshore Leasing LLC 7610 NW 89th Ct. Okeechobee, FL 34972 N &A Construction 69 SW 19th Avenue Okeechobee, FL 34974 Big Lake Investments Inc. 101 NW 11th Ave. Okeechobee, FL 34972 Wallace & Tammy Norton 400 S. Parrott Ave. Okeechobee, FL 34974 Peggy Ociepka 1105 5th St. (BHR) Okeechobee, FL 34974 Gregory & Jane Schrein 5705 Hood Rd. Palm Beach Gardens, FL 33418 Sheila & Frederick Bradley 204 SW 11th Ave. Okeechobee, FL 34974 Miguel & Josefa Bonilla 103 Bethpage Rd. Hicksville, NY 11801 Amilia Cisneros 1725 SW 2nd Way Okeechobee, FL 34974 Jude & Graciela Fischer 2180 SW Pamona St. Port St. Lucie, FL 34953 Leon S. Williams Life Estate c/o Robert & Laverne Williams 1117 NW 2 "d St. Okeechobee, FL 34972 DS Beaty Revocable Trust P.O. Box 1259 Lake Wales, FL 33859 City Electric Supply Co. P.O. Box 607099 Orlando, FL 32860 Robert W. Robbins X 1112 SW 2 "d St. Okeechobee, FL 34974 Barbara & Edward McGlamory 1104 SW 2nd St. Okeechobee, FL 34974 Roy & Vianka Padgett 1103 SW 2"d St. Okeechobee, FL 34974 Lora & Rebecca Hornick 1111 SW 2 "d St. Okeechobee, FL 34974 December 9, 2013 Ms. Peggy M. Ociepka 1105 5t Street BHR Okeechobee, FL 34974 CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863- 763 -3372 x218 Fax: 863- 763 -1686 VIA E -MAIL pbercaer Abergerrealestate.corn Please be advised that the Board of Adjustments and Appeals of the City of Okeechobee will be considering your Special Exception Petition No. 13- 004 -SE, to allow Mechanical and Repair Services within a Heavy Commercial Zoning District (Ref. Code Sec. 90 -283 (7)) located at 1127 SW Park Street on Thursday, December 19, 2013 at 6:00 p.m., at City Hall, Council Chambers, Room 200. A copy of the Agenda and Planning Staff Report are attached. Please be sure to review these documents prior to the meeting. Contact me with any questions. Should you, or a representative, not be able to attend this meeting, please let me know. Sincerely, Patty M. Burnette General Services Coordinator Attachments Patty Burnette From: Phil Berger <pberger @bergerrealestate.com> Sent: Monday, November 18, 2013 9:30 AM To: 'Patty Burnette' Subject: FW: PEGGY O'CEIPKA Attachments: Letter of Administration.pdf; Vicki S Anderson.vcf Good morning Patty. Attached please find the administration order which you requested. Please let me know if we need anything additional. Regards, Phil Berger From: Vic Anderson [mailto:vic anderson @earthlink.net] Sent: Friday, November 15, 2013 10:16 PM To: Philip Berger Cc: vic anderson @earthlink.net Subject: PEGGY O'CEIPKA Hi Phil, I am attaching the Letter of Administration and another letter from Conley's office that Peggy provided me. If you require any additional items, please call me. Have a great weekend. Vicki S. Anderson Anderson Realty Co. Lic. Real Estate Broker (863) 634-4106 - Ceti (363) 467 -7322 - Fax v∎c_andersane vrthtinknet andersonrealtyco.com 1 Patty Burnette To: Subject: pberger @bergerrealestate.com Special Exception application for 1127 SW Park Street Good Afternoon Mr. Berger. In reviewing the application that you dropped off last week the following items are still needed: • The top of page 8 of the application needs to be completed. P• 1 will need a copy of some document that appoints Mrs. Ociepka as personal representative to Mr. W Ociepka's estate. ti \ \‘43\0, • In regards to the survey...in comparing the Warranty Deeds to the Survey provided, there are a v ,14few missing lots. Along with the information provided with the survey submitted I need one that shows the East 50' of Lots 12 and 13 and the South 100' of Lot 7 of Block 3. appreciate your help with this and if I can get this back as soon as possible, I can forward it on to the City's Planner. Thank you again, Patty Patty M. Burnette General Services Coordinator City of Okeechobee SS Southeast 3rd Avenue Okeechobee, PL 34974 del 863 - 763 -3372 ext. 218 Tax: 863 -763 -1686 e- mail: y urnette @cityofokeechobee.com website: www.cityofokeechobee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. 1 D_SearchResults (Rtis5t () x W Nre iccul Re tod..t r SE q0-c92 3 (10 Okeechobee County Property Wants . Appraiser (ocl(IIneJvii Svc, 2013 Certified Values CAMA updated: 10/30/2013 l.0 ' e/pa Page 1 of 3 Parcel: 3- 21- 37 -35- 0170 - 00030 -0090 « Next Lower Parcel Next Higher Parcel »! No ktbri Vl p�2 11 n n_f Parcel List Generator Owner & Property Info Owner's Name OCIEPKA PEGGY M Site Address 1127 SW PARK ST, OKEECHOBEE Mailing Address 1105 5TH ST BHR OKEECHOBEE, FL 349740405 Description p SOUTHWEST ADDITION LOTS 10, WEST 100 FT OF LOT 11 BLOCK 3; LESS LAND TO 1:908._; IN ORB 465 PG 1601 NOTE: This description is not to be used as the Legal Description for this parcel in any legal transaction. Land Area 0.385 ACRES S /T /R 21 37 -35 Tax Neighborhood 518640.00 District 50 DOR Use Code VEH SALE /R (002700) Market Area 40 The DOR Use Code shown here is a Dept. of Revenue code. Please contact the Okeechobee County Planning & Development office at 863- 763 -5548 for specific zoning information. 5 asst ent Values Mkt Land Value cnt: (1) $71,610.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (2) $84,984.00 XFOB Value cnt: (4) $4,047.00 Total Appraised Value $160,641.00 Sale 2013 TRIM (pdf) GIS Aerial Retrieve Tax Record Property Card Interactive GIS Map Print Search Result: 1 of 1 4 49 98 147 198 245 294 343 ft 2013 Certified Values Just Value $160,641.00 Class Value $0.00 Assessed Value $160,641.00 Exempt Value Moo Total Taxable Value $160,641.00 Show Similar Sales within 1/2 mile Fill out Sales Questionnaire Sale Date Book/Page Inst. Type Sale VImp Sale Qua! Sale RCode (Code List) Sale Price http: / /www.okeechobeepa.com /GIS /D_SearchResults.asp 11/4/2013 D SearchResults Page 2 of 3 4/4/2013 729/72 PR I U 11 $0.00 9/10/1997 395/1550 WD V U 03 $6,000.00 3/6/1996 375/1186 WD V Q 3000 $7,500.00 9/14/1995 370/813 WD I Q 0 x 0 x 0 $50,000.00 12/1/1994 362/56 QC I U 03 $6,000.00 11/1/1987 291/505 FJ I U 03 $0.00 BuIdi"1 rater istic:s Bldg Sketch Bldg Item Bldg Desc Year Blt Heated S.F. Actual S.F. Bldg Value Show Sketch 1 GARAGE (006502) 1986 1320 1370 $24,402.00 Show Sketch 2 GARAGE (006502) 1997 3000 3000 $60,582.00 Extra Features & Out Buildings - ( Show Codes Code Desc Year Blt Value Units Dims Condition (% Good) CONC B COM SLB WL 1986 $667.00 0000450.000 0 x 0 x 0 PD (065.00) CONC B COM SLB WL 0 $3,172.00 0001739.000 0 x 0 x 0 PD (080.00) CONC I BUMPERS 2007 $28.00 0000004.000 0 x 0 x 0 PD (050.00) LNI1 LGHT INCD 2007 $180.00 0000002.000 0 x 0 x 0 PD (075.00) .eak) Lnd Code Desc Units Adjustments Eff Rate Lnd Value 067WP3 HWY 70 W (MKT) 0000100.000 FF - (0000000.385AC) 1.00/1.00/1.00/1.00 $716.10 $71,610.00 Okeechobee County Property Appraiser Search Result: 1 of 1 CAMA updated: 10/30/2013 HOME I Record Search I GIS Map I General Info I Exemptions I Tangible Tax I FAQ I C This information was derived from data which was compiled by the Okeechobee County Prop( Appraiser's Office solely for the governmental purpose of property assessment. This informatic not be relied upon by anyone as a determination of the ownership of property or market value. warranties, expressed or implied, are provided for the accuracy of the data herein, its use, or i interpretation. Although it is periodically updated, this information may not reflect the data curr, in the Property Appraiser's office. The assessed values are NOT certified values and thereforE subject to change before being finalized for ad valorem assessment purposes. Notice: Under Florida Law, e -mail addresses are public record. If you do not want your e-mail address response to a public- records request, do not send electronic mail to this entity. Instead contac by phone or in writing. http: / /www.okeechobeepa.com /GIS /D SearchResults.asp 11/4/2013 Okeechobee County Property Appraiser - Map Printed on 11/4/2013 3:09:0... Page 1 of 2 3-21-37-35-0170-00030-0090 OCIEPKAPEGGY M 0.385AC 19/1011997 - $6,000 - V.1.1 n PARCEL: 3- 21- 37 -35- 0170 -00030 -0090 - VEH SALE /R (002700) SOUTHWEST ADDITION LOTS 9 & 10, WEST 100 FT OF LOT 11 BLOCK 3; LESS LAND TO FDOT IN ORB 465 PG 1601 Name:OCIEPKA PEGGY M LandVal $71,610.00 Site: 1127 SW PARK ST, OKEECHOBEE BldgVal $84,984.00 Mail: 1105 5TH ST BHR ApprVal $160,641.00 OKEECHOBEE, FL 349740405 JustVal $160,641.00 Sales Assd $160,641.00 Info Exmpt $0.00 Taxable $160,641.00 30 60 1 90 .r ti w This information, CAMA updated: 10/30/2013, was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not http : / /www.okeechobeepa.com /GIS/ Print_ Map .asp ?pjboiibchhj bnligcafcefo... 11/4/2013 § 70 -373 OKEECHOBEE CODE (5) The use will not adversely affect property values or living conditions, nor be a deter- rent to the improvement or development of adjacent property. (6) The use may be required to be screened from surrounding uses, to reduce the im- pact of any nuisance or hazard to adjacent uses. (7) The use will not create a density pattern that would overburden public facilities such as schools, streets, and utility ser- vices. (8) The use will not create traffic congestion, flooding or drainage problems, or other- wise affect public safety. (d) Special exception use not granted. The board of adjustment shall not grant a special exception use petition where there is an existing violation of these regulations. (e) Change of ownership. If ownership of prop - rty subject to a grant of a special exception by the board of adjustments is transferred, including by sale or inheritance, the special exception use and—the conditions and length thereof shall con- tinue as provided in the original grant. (f) Nonuse. If the special exception use granted by the board of adjustment should fail to exist or fail to be used for a continuous period of 180 days, then such use shall lapse and the current owner be required to reapply as provided in this division. In case of hardship, where the loss of such special exception would materially affect the integrity of any mortgage or other financing arrangement on the subject real property, the board of adjustment may consider such hardship in granting a re- newal of such special exception. (LDR 1998, § 253) Sec. 70 -374. Variance by board of adjust- ment. (a) Authorization. (1) The board of adjustment shall hear and decide petitions for a variance from the provisions of these regulations, where ow- ing to unique physical conditions a literal enforcement of the provisions would re- sult in unnecessary hardship. (2) A variance is authorized only as to phys- ical requirements of these regulations in- cluding height, lot area, size of structure, size of yard, setback, buffer and open space. (3) Establishment or expansion of a use or density otherwise not permitted shall not be allowed by variance, nor shall a vari- ance be granted because of the presence of other nonconforming structures or use in the zoning district or adjoining district. (4) Self - created problems and economic hard- ship shall not be grounds for granting a variance. (b) Standards for granting a variance. Appli- cants for a variance shall address the following issues in their presentation: (1) Demonstrate that the variance is needed to overcome a hardship caused by the unique physical conditions of the site. (2) Specify the minimum variance required including height, lot area, size of struc- ture, size of yard, setback, buffer or open space. (c) Findings required. In granting a variance the board shall consider the following factors and must find that: CD70:20 (1) Special conditions exist which are pecu- liar to the land or structure involved, and are not applicable to other land or struc- tures in the same zoning district. (2) The special conditions and circumstances do not result from actions of the appli- cant. (3) Literal interpretation of the provisions of these regulations would deprive the appli- cant of rights commonly enjoyed by other properties in the same zoning districts and would work unnecessary and undue hardship on the applicant. Z C H V `fie OmmerC1'CU `FLU:: C Unk►vrc teuI Secs. 90- 257 -90 -280. Reserved. DIVISION 8. HEAVY COMMERCIAL (CHV) DISTRICT* ZONING § 90 -283 Sec. 90 -281. Generally. (a) Heavy commercial (CHV) zoning districts shall be permitted only on land designated as future land use category commercial in the com- prehensive plan. (b) Uses in heavy commercial (CHV) zoning districts shall be subject to the regulations of this division. (LDR 1998, § 380) Sec. 90 -282. Permitted uses. The following principal uses and structures are permitted in the CHV district: (1) Professional office, business office, medi- cal office. (2) Retail service, retail store including out- door display of merchandise. (3) Restaurant, take -out restaurant, cafe. (4) Personal service. (5) Dry cleaner/laundry, laundromat. (6) Funeral home. (7) Hotel, motel. (8) Private club, nightclub. (9) Craft studio. (10) Business school. (11) Commercial indoor recreation. (12) Commercial parking garage or lot, taxistand, bus terminal. (13) Storefront church located in a unit in a multi -use building or shopping center. (LDR 1998, § 381; Ord. No. 1070, § 2, 1 -18 -2011; Ord. No. 1079, § 6, 1 -17 -2012) *Cross reference — Businesses, ch. 14. Sec. 90 -283. Special exception uses. The following uses and structures are permit- ted in the CHV district after issuance of a special exception use petition and may have additional conditions imposed at the time of approval: (1) (2) (3) (4) (5) Drive- through service. Auto service station, car wash. Wholesale, warehouse not including bulk storage of flammable liquids. Enclosed warehouse and storage. Outdoor sales and storage, building trades contractor. (6) Flea market. (7) Mechanical and repair services. (8) Commercial outdoor recreation. (9) Veterinary service. (10) Crematory. (11) Marina, dock, pier. (12) Recreational vehicle park, for transient recreation use. (13) Radio, television or cable reception, trans- mission or operational facilities. (14) Public facility or use. (15) Public utility. (16) Permitted uses in excess of 45 feet in height. (17) One dwelling unit per commercial build- ing. (18) Outdoor vehicle sales lot. (19) House of worship. (20) Hospitals, which means in patient hospi- tal care. (21) Adult family care homes, assisted living facilities as defined in F.S. § 429.02(5). (22) Nursing homes. (LDR 1998, § 382; Ord. No. 867, § 1, 8 -17 -2004; Ord. No. 962, § 1, 12 -5 -2006; Ord. No. 1008, § 3, 2 -19 -2008; Ord. No. 1067, § 2, 9 -14 -2010) Supp. No. 10 CD90:23 § 90 -284 OKEECHOBEE CODE Sec. 90 -284. Customary accessory uses. Each permitted principal use and special ex- ception use in the CHV district is also permitted to have the customary accessory uses for that use. (LDR 1998, § 383) Sec. 90 -285. Lot and structure requirements. Except where further restricted by these regulations for a particular use, the minimum requirements for lots and structures in the CHV district shall be as follows: (1) Minimum lot area. All uses: (2) Minimum yard requirements. Except where a greater distance is required by these regulations for a particular use, the minimum yard setbacks shall be as follows: a. All uses: Front Area Width 6,250 square feet 50 feet Side Rear b. The width of an adjacent street or alley may be applied to when abutting a residential district. (3) Maximum lot coverage by all buildings. Maximum Coverage All uses: 50 percent (4) Maximum height of structures. Except where further restricted by these regulations for a particular use, the maximum height shall be as follows: All uses shall be 45 feet, unless a special exception is granted. (LDR 1998, § 384) 20 feet to buildings; ten feet to parking and driveway Eight feet; 20 feet abutting residential zoning district Ten feet; 20 feet abutting a residential zoning district the increased setback required Maximum Impervious Surface 85 percent Sec. 90 -286. Additional regulations. Additional regulations which shall apply to all uses in the CHV district include, but are not limited to: (1) (2) (3) (4) (5) (6) Concurrency regulations. Parking and loading regulations. Landscaping regulations. Sign regulations. Accessory use regulations. Supplementary use regulations. (7) Environmental and stormwater regula- tions. (8) Utilities regulations. (LDR 1998, § 385) Secs. 90- 287 -90 -310. Reserved. Supp. No. 10 CD90:24 Okeechobee County Property Appraiser - W.C. Bill Sherman, CFA - OkeechobeeitffitohFdarn a.com /GIS /D_SearchResults.asp Okeechobee County Property Appraiser CAMA updated: 10/30/2013 Parcel: 3-21-37-35-0170-00030-0090 « Next Lower Parcel Next Higher Parcel >= Owner & Property Info Parcel List Generator Retrieve Tax Record Property Card Owner's Name OCIEPKA PEGGY M Site Address 1127 SW PARK ST, OKEECHOBEE Mailing 1105 5TH ST BHR Address OKEECHOBEE, FL 349740405 Total Taxable Value SOUTHWEST ADDITION LOTS 9 & 10, WEST 100 FT OF LOT 11 BLOCK Description 3; LESS LAND TO FDOT IN ORB 465 PG 1601 NOTE: This description is not to be used as the Legal Description for this parcel in any legal transaction. Land Area 0.385 ACRES S /T /R 21 -37 -35 Neighborhood 518640.00 Tax District 50 DOR Use Code VEH SALE /R (002700) Market Area 40 The DOR Use Code shown here is a Dept. of Revenue code. Please contact the Okeechobee County Planning & Development office at 863- 763 -5548 for specific zoning information. Property & Assessment Values Mkt Land Value cnt: (1) Ag Land Value Building Value cnt: (0) $71,610.00 $0.00 cnt: (2) XFOB Value cnt: (4) $84,984.00 $4,047.00 Total Appraised Value Sales History $160,641.00 2013 TRIM (pdf) Interactive GIS Map Print « Prev Search Result: 8 of 12 Next» 2013 Certified Values Just Value $160,641.00 Class Value $0.00 Assessed Value $160,641.00 Exempt Value $0.00 Total Taxable Value $160,641.00 Show Similar Sales w ithin 1/2 mile Fill out Sales Questionnaire Sale Date Book/Page Inst. Type Sale VImp Sale Qual Sale RCode (Code List) Sale Price 4/4/2013 729/72 PR I U 11 $0.00 9/10/1997 395/1550 WD V U 03 $6,000.00 3/6/1996 375/1186 WD V Q 0 x 0 x 0 $7,500.00 9/14/1995 370/813 WD I Q 0 x 0 x 0 $50,000.00 12/1/1994 362/56 QC beta I U 03 $6,000.00 11/1/1987 291/505 FJ I U 03 $0.00` Building Characteristics Bldg Sketch Bldg Item Bldg Desc Year Blt Heated S.F. Actual S.F. Bldg Value Show Sketch 1 GARAGE (006502) 1986 1320 1370 $24,402.00 I $60 582.00 Show Sketch 2 GARAGE 006502 1997 3000 3000 Extra Features & Out Buildings ( Show Codes 1 Code Desc Year Blt Value Units Dims Condition (% Good) CONC B COM SLB WL 1986 $667.00 0000450.000 0 x 0 x 0 PD (065,00) CONC B COM SLB WL 0 $3,172.00 0001739.000 0 x 0 x 0 PD (080.00) CONC I BUMPERS 2007 $28.00 0000004.000 0 x 0 x 0 PD (050.00) LNI1 LGHT INCD 2007 $180.00 0000002.000 0 x 0 x 0 PD 075.00 Land Breakdown Page 1 of 2 Okeechobee County Property Appraiser - W.C. Bill Sherman, CFA - Okeechobeehffpolmlravwa.com /GIS /D_SearchResults.asp Lnd Code Desc Units Adjustments Eff Rate Lnd Value 067W P3 HWY 70 W MKT 0000100.000 FF - 0000000.385AC Okeechobee County Property Appraiser « Prev 1.00/1.00/1.00/1.00 Search Result: 8 of 12 Next » 716.10 $71,6 CAMA updated: 10/30/2013 HOME I Record Search I GIS Map I General Info I Exemptions I Tangible Tax I FAO I Contact Us This information was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, its use, or its interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. Notice: Under Florida Law, e-mail addresses are public record. If you do not want your e-mail address released in response to a public- records request, do not send electronic mail to this entity. Instead contact this office by phone or in writing. Powered by: G,nzzlvLog!c con -C Copyright 2001 © All Rights Reserved - Okeechobee County Property Appraiser Page 2 of 2 DSearchResults Okeechobee County Property Appraiser CAMA updated: 10/30/2013 Parcel: 3- 21- 37 -35- 0170 - 00030 -007B « Next Lower Parcel Next Higher Parcel » Owner & Property Info Page 1 of 2 2013 Certified Values Parcel List Generator Retrieve Tax Record Property Card 2013 TRIM (pdf) Interactive GIS Map Print Owner's Name OCIEPKA PEGGY M Site Address SW PARK ST, OKEECHOBEE Mailing Address 1105 5TH ST BHR OKEECHOBEE, FL 349740405 Description SOUTHWEST ADDITION LOTS 12 & 13 & S 100 FT OF LOT 7 BLOCK 3 NOTE: This description is not to be used as the Legal Description for this parcel in any legal transaction. Land Area 0.459 ACRES S /T /R 21 -37 -35 Neighborhood 518640.00 Tax District so DOR Use Code VACANT COM (001000) Market Area 40 The DOR Use Code shown here is a Dept. of Revenue code. Please contact the Okeechobee County Planning & Development office at 863 - 763 -5548 for specific zoning information. Property & Assessment Values Mkt Land Value cnt: (1) $41,000.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (o) moo XFOB Value cnt: (0) $0.00 Total Appraised Value $41,000.00 Sales History Search Result: 1 of 2 GIS Aerial Next » 2013 Certified Values Just Value $41,000.00 Class Value $0.00 Assessed Value $41,000.00 Exempt Value so.00 Total Taxable Value $41,000.00 Show Similar Sales within 1/2 mile Fill out Sales Questionnaire Sale Date Book/Page Inst. Type Sale VImp Sale Qual Sale RCode (Code List) Sale Price 4/4/2013 729/72 PR I U 11 $0.00 10/11/2004 543/1353 QC V U 03 $0.00 8/2/2000 442/439 QC V U 03 $0.00 8/2/2000 442/440 QC V U 03 $0.00 9/10/1997 395/1550 WD V U 03 $6,000.00 3/6/1996 375/1186 WD V Q $7,500.00 9/14/1995 370/813 WD I Q $50,000.00 12/1/1994 362/56 QC I U 03 $6,000.00 11/1/1987 291/505 FJ I U 03 $0.00 Building Characteristics Bldg Sketch I Bidg Item I Bldg Desc I Year Blt I Heated S.F. I Actual S.F. I Bidg Value NONE Extra Features & Out Buildings - r Show Codes Code I Desc I Year Blt I Value I Units I Dims I Condition (% Good) NONE Land Breakdown Lnd Code Desc Units Adjustments Eff Rate Lnd Value 067WP4 SW PARK ST (MKT) 0000100.000 FF - (0000000.459AC) 1.00 /1.00 /1.00 /1.00 $410.00 $41,000.00 11/6/2013 D SearchResults Page 2 of 2 Okeechobee County Property Appraiser CAMA updated: 10/30/2013 Search Result: 1 of 2 Next » HOME I Record Search I GIS Map I General Info I Exemptions I Tangible Tax I FAQ I Contact Us This information was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the govemmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, its use, or its interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. Notice: Under Florida Law, e-mail addresses are public record. If you do not want your e-mail address released in response to a public - records request, do not send electronic mail to this entity. Instead contact this office by phone or in writing. Powered by: GrizztyLogic com -10 Copyright 2001 © All Rights Reserved - Okeechobee County Property Appraiser 11/6/2013 CITY OF OKEECHOBEE, FLORIDA 55 S.E. 3rd Avenue, Okeechobee, FL 34974 N2 3 8 4 7 6 (863) 763.3372 RECEIVED from / .4. ,D..ty/t-e--, Lc AA. 1.1-i_d "-i°.// -- 100 3PL. e i 4 1 t z k c &P 7 i ppj %/ 7 i44,1 i -5► 20 CLERK Dollars 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. H. 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 3rd 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. AGENDA 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. 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. DECEMBER 19, 2013 - PLANNING BOARD - PAGE 2 OF 4 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 retumed. 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 2nd Street directly behind the business in question. Due to my work schedule I will not be able to attend the meeting on December 19, 2013. I 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 concems 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 ovemight 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 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. Feel free to contact me if need be, either through email(kronic2345@yahoo.com) or phone 863-697- 1753.1 appreciate you taking my concerns into consideration, and if all these issues can be resolved then I 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 on 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: Dawn T. Hoover, Chairperson Patty M. Burnette, Secretary DECEMBER 19, 2013 - PLANNING BOARD - PAGE 4 OF 4 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. Patty Burnette From: Patty Burnette <pburnette@cityofokeechobee.com> Sent: Thursday, February 13, 2014 1:02 PM To: pberger@bergerrealestate.com Subject: FW: Special Exception for 1127 SW Park Street Attachments: PB Minutes 121913.pdf Mr, Berger, I forgot to also mention Sec. 70-373 (e) of the City Code speaks about Change of Ownership and (f) speaks about Nonuse. Thank you, Patty From: Patty Burnette[mailto:oburnetteOcitvofokeechobee.com] Sent: Thursday, February 13, 2014 12:41 PM To: pberger©bergerrealestate.com Subject: Special Exception for 1127 SW Park Street Good Afternoon Mr. Berger: This email is to officially advise you that the Board of Adjustments at its regular meeting on December 19, 2013, approved your Special Exception, Petition No. 13 -004 -SE, to allow a Mechanical and Repair Services within a Heavy Commercial (CHV) 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. Attached herewith please find a copy of the minutes for your records. Approval was granted based on the Planning Staff findings and with the four conditions noted in the minutes. Please reference City Code Book Sec. 70-348 effective time limit on approvals. Paragraph (4) Special Exception use and variance approvals shall have a valid period of not more than two years, prior to which a building permit application must be submitted or the approval shall lapse. Should you require additional information please do not hesitate to contact me. Thank you, Patty Patty M Burnette ggenera(Senvices Coordinator Citic of Okeechobee 55 Southeast 3rdA.venue Okeechobee, EL 34974 ter: 863-763-3372 ext. 218 Tax: 8 63-763-1686 1 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 Le • al Description of Propert 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 L =lb 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: "Nonconforining 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." L r%kg A Serving Florida Local Governments Since 1988 2 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 k.., South West Future Land Use Classification Zoning District Existing Land Use Future Land Use Classification Zoning District Existing Land Use Commercial tti. c CHV Across SR 70: MH/RV Park, vehicle sales and retail stores Commercialla;, 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 Consistenc with Land Development Re • ulations 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. I& Lis =kik Serving Florida Local Governments Since 1988 3 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 12°i Ave. Ingress & egress and parking are more than adequate with access from SR 70 and SW 12`x' 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. 4 Serving Florida Local Governments Since 1988 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. Obi Serving Florida Local Governments Since 1988 5 Staff Report Applicant's Name: Peggy M. Ociepka Special Exception Request 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 12t" 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. ,Mirg Serving Florida Local Governments Since 1988 6 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 1211 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. 7 Serving Florida Local Governments Since 1988 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 Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Peggy M. Ociepka Special Exception Request Petition No. 13 -004 -SE Subject Property 1 26 FUTURE LAND USE MAP SUBJECT SITE AND ENVIRONS 13 1 SW 2ndlSt Q i6 I- SW 3rd COMPREHENSIVE PLAN LAND USE SINGLE - FAMILY 1111 MULTI - FAMILY la COMMERCIAL :NDUSTRIAL PUBLIC FACILITIES RESIDENTIAL MIXED USE 1 9 Serving Florida Local Governments Since 1988 MOM Staff Report Applicant's Name: Peggy M. Ociepka Special Exception Request Petition No. 13 -004 -SE Subject Property ZONING MAP SUBJECT SITE AND ENVIRONS :1111 111 1.3U 133 1 ZONING ▪ CSD -CON!: SUSiNESS DISTRICT - CHV - HEAVY COMMERCIAL CLT- LIGHT COMMERCIAL CPO - COMM PROFESSIONAL OFFI C E /fj H - HOLDING IND - INDUSTRIAL PUB • PUBLIC FACILITIES PUD -MIXED PUD -R . RMF RESIDENTIAL MULTIFAMILY RMH - RESIDENTIAL MOBILE HOME RSFI - RESIDENTIAL SINGLE FAMILY RLF2 - RESIDENTIAL SINGLE FAMILY 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 11 Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: Peggy M. Ociepka Petition No. 13 -004 -SE GOOGLE STREET VIEW Serving Florida Local Governments Since 1988 12 PattyBurnette 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. I 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 mm), 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 CITY OF OKEECHOBEE 55 SE 3rd AVENUE OKEECHOBEE/ FL 34974 045J83062012 ✓ 5 W o gig, , ex $0.33Q= p 12/04/2013 Q 4114 Mailed Front 34974 N&A Construction 69 SW 19th Avenue 7. 333 N7c 100931210112/04/13 FORWARD TIME EXP RTN TO SEND N & A CONSTRUCTION LABELLE FL 33935-5377 RETURN TO SENDER }t ltiliilli t1 t tdtltt:Sf li,Rt ttl City of Okeechobee 55 SE Third Avenue Tele: 863-763-3372 Ext. 218 Okeechobee, FL Fax: 863-763-1686 Dear Property Owner: December 4, 2013 The Board of Adjustments & Appeals will be considering Special Exception Petition No. 13 -004 -SE to allow Mechanical and Repair Services within a Heavy Commercial Zoning District, (Ref. Code Sec. 90-283 (7)) located at 1127 SW Park Street. You are receiving this courtesy notice as a property owner within 300 feet of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200 on Thursday, December 19, 2013, 6:00 p.m., or as soon thereafter as possible; or you may submit your questions, comments or objections in writing to the Board by contacting me at the number above or email: pburneiie ,cityofokeechobee.com. The petition file can be viewed at City Hall, Rm 100 during normal office hours. The agenda is available online at cityofokeechobee.com or contact my office to have a copy emailedlfaxed. Respectfully, Patty M. Burnette General Services Coordinator CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863-763-3372 Fax: 863-763-1686 CERTIFICATION FOR POSTING NOTICE OF PUBLIC HEARING FOR REZONING/SPECIAL EXCEPTION/VARIANCE PETITION(S) Instructions: 1. Must be posted on the subject property. 2. Must be posted prominently. 3. Must be visible from the most traveled street adjacent to the subject property. 4. There is no specific height or size requirement, provided that the sign can be easily seen by cars or pedestrians that pass by the subject property. 5. Must be posted beginning 15 days prior to the first Public Hearing and remain posted continuously during this time. When a second Public Hearing is required before the City Council, it must remain posted until the final Public Hearing has been conducted. 6. Must be removed within 7 days after the final Public Hearing. Petition Number(s): 00 —5E— Date of 1st Public Hearing: I.9%— t 9 13 Address of subject property (or Legal if no address):1 Ic 1 05W Par k f;.1.- f I, bavid Ile , hereby certify that I posted the "Notice of Public Hearing" sign in accordance with the above instructions on b2— 4— /3 , and will remove sign on 0-13 Signature: STATE OF FLORIDA COUNTY OF OKEECHOBEE Date: [ Z— q /3 The foregoing instrument was acknowledged before me this D.!'_ . q, a bI3 by ba vl d A t L en who is personally known to me ✓,or produced as identification. Pte, M • iJ.u/L(1Q,`at (signature) SEAL: Print, type or stamp name of Notary dr"rr Notary Public State of Florida Patty M Burnette AT My Commission EE 218958 %#-Tor Expires 10/02/2016 o 0 f Lo -t= I B I Dalt 3 Sou-Hivotsl-- iso vt Lo -1-5 1d S 1 O o -fit- r1 S (o c l_ 3 St, w`�-h w I City of Okeechobee 55 SE Third Avenue Tele: 863-763-3372 Ext. 218 Okeechobee, FL Fax: 863-763-1686 Dear Property Owner: December 4, 2013 The Board of Adjustments & Appeals will be considering Special Exception Petition No. 13 -004 -SE to allow Mechanical and Repair Services within a Heavy Commercial Zoning District, (Ref. Code Sec. 90-283 (7)) located at 1127 SW Park Street You are receiving this courtesy notice as a property owner within 300 feet of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200 on Thursday, December 19, 2013, 6:00 p.m., or as soon thereafter as possible; or you may submit your questions, comments or objections in writing to the Board by contacting me at the number above or email: pburnette a(�cityofokeechobee.com. The petition file can be viewed at City Hall, Rm 100 during normal office hours. The agenda is available online at cityofokeechobee.com or contact my office to have a copy emailed/faxed. Respectfully, Patty M. Burnette General Services Coordinator City of Okeechobee 55 SE Third Avenue Tele: 863-763-3372 Ext. 218 Okeechobee, FL Fax: 863-763-1686 Dear Property Owner: December 4, 2013 The Board of Adjustments & Appeals will be considering Special Exception Petition No. 13 -004 -SE to allow Mechanical and Repair Services within a Heavy Commercial Zoning District, (Ref. Code Sec. 90-283 (7)) located at 1127 SW Park Street You are receiving this courtesy notice as a property owner within 300 feet of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200 on Thursday, December 19, 2013, 6:00 p.m., or as soon thereafter as possible; or you may submit your questions, comments or objections in writing to the Board by contacting me at the number above or email: pburnette a(�,citvofokeechobee.com. The petition file can be viewed at City Hall, Rm 100 during normal office hours. The agenda is available online at cityofokeechobee.com or contact my office to have a copy emailedlfaxed. Respectfully, Patty M. Bumette General Services Coordinator Joseph Rowlett P.O. Box 1322 Okeechobee, FL 34973 Carlos & Ramona Romer 1653 SW 2nd Way Okeechobee, FL 34974 DG Okeechobee LLC 10751 Deerwood Park Blvd #105 Jacksonville, FL 32256 Brother -in -Law Enterprises Inc. 221 NE Park St. Okeechobee, FL 34972 Wallace Norton 100 SW 11th Ave. Okeechobee, FL 34974 Raciel & Lourdes Cuevas 903 Kansas Ave Ste P Modesto, CA 95351 Secretary of Housing & Urban Dev. 451 Seventh Street SW Washington, DC 20410-8000 Mary R. Snyder 102 SW 11th Ave. Okeechobee, FL 34974 Rasem Okab & Rafik Haleem 2709 SE 25th Ct. Ocala, FL 34471 Abdul & Yasmin Cumber 12844 Gettysburg Cir Orlando, FL 32837 Lakeshore Leasing LLC 7610 NW 89th Ct. Okeechobee, FL 34972 N&A Construction 69 SW 19th Avenue Okeechobee, FL 34974 Big Lake Investments Inc. 101 NW 11th Ave. Okeechobee, FL 34972 Wallace & Tammy Norton 400 S. Parrott Ave. Okeechobee, FL 34974 Peggy Ociepka 1105 5th St. (BHR) Okeechobee, FL 34974 Gregory & Jane Schrein 5705 Hood Rd. Palm Beach Gardens, FL 33418 Sheila & Frederick Bradley 204 SW 11th Ave. Okeechobee, FL 34974 Miguel & Josefa Bonilla 103 Bethpage Rd. Hicksville, NY 11801 Amilia Cisneros 1725 SW 2nd Way Okeechobee, FL 34974 Jude & Graciela Fischer 2180 SW Pamona St. Port St. Lucie, FL 34953 Leon S. Williams Life Estate c/o Robert & Laverne Williams 1117 NW 2nd St. Okeechobee, FL 34972 DS Beaty Revocable Trust P.O. Box 1259 Lake Wales, FL 33859 City Electric Supply Co. P.O. Box 607099 Orlando, FL 32860 Robert W. Robbins 1112 SW 2"d St. Okeechobee, FL 34974 Barbara & Edward McGlamory 1104 SW 2"d St. Okeechobee, FL 34974 Roy & Vianka Padgett 1103 SW 2"d St. Okeechobee, FL 34974 Lora & Rebecca Hornick 1111 SW 2"d St. Okeechobee, FL 34974 December 9, 2013 Ms. Peggy M. Ociepka 1105 5tn Street BHR Okeechobee, FL 34974 CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863-763-3372 x218 Fax: 863-763-1686 VIA E-MAIL pberger(a�bergerrealestate.com Please be advised that the Board of Adjustments and Appeals of the City of Okeechobee will be considering your Special Exception Petition No. 13 -004 -SE, to allow Mechanical and Repair Services within a Heavy Commercial Zoning District (Ref. Code Sec. 90-283 (7)) located at 1127 SW Park Street on Thursday, December 19, 2013 at 6:00 p.m., at City Hall, Council Chambers, Room 200. A copy of the Agenda and Planning Staff Report are attached. Please be sure to review these documents prior to the meeting. Contact me with any questions. Should you, or a representative, not be able to attend this meeting, please let me know. Sincerely, PLi3Jpi Patty M. Burnette General Services Coordinator Attachments Patty Burnette From: Phil Berger <pberger@bergerrealestate.com> Sent: Monday, November 18, 2013 9:30 AM To: 'Patty Burnette' Subject: FW: PEGGY O'CEIPKA Attachments: Letter of Administration.pdf; Vicki S Anderson.vcf Good morning Patty. Attached please find the administration order which you requested. Please let me know if we need anything additional. Regards, Phil Berger From: Vic Anderson [mailto:vic anderson@earthlink.net] Sent: Friday, November 15, 2013 10:16 PM To: Philip Berger Cc: vic anderson@earthlink.net Subject: PEGGY O'CEIPKA Hi Phil, I am attaching the Letter of Administration and another letter from Conley's office that Peggy provided me. If you require any additional items, please call me. Have a great weekend. Vicki S. Anderson Anderson Realty Co. Lic. Real Estate Broker (863) 634-4106 - Ceti (363) 467-7822 - Fax vic--andxnan carthIinkn t andersonrealtyco.com ::44:3 r.34:74 1 Patty Burnette To: Subject: pberger@bergerrealestate.com Special Exception application for 1127 SW Park Street Good Afternoon Mr. Berger. In reviewing the application that you dropped off last week the following items are still needed: • The top of page 8 of the application needs to be completed. Mr-' • I will need a copy of some document that appoints Mrs. Ociepka as personal representative to Mr. Ociepka's estate. ‘\\00\0, Q.n • In regards to the survey...in comparing the Warranty Deeds to the Survey provided, there are a vii4few missing Tots. Along with the information provided with the survey submitted I need one that shows the East 50' of Lots 12 and 13 and the South 100' of Lot 7 of Block 3. I appreciate your help with this and if I can get this back as soon as possible, I can forward it on to the City's Planner. Thank you again, Patty Path M. Burnette General Services Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, AFL 34974 T'eh 863-763-3372 ext. 218 Tax: 863-763-1686 e -mai : y6urnette@cityofokeechohee.com -website: vnvw.cityofokeecho!ee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. 1 D_SearchResults Nr. r-b.YVe y SoVi CRasSed , 1i0-4Waif-'Svcs ecobee Count Pro Appraiser rYla.C�l i n e ttiSvc CAMA updated: 10/30/2013 Oke y Properly (oa,r� ; Parcel: 3-21-37-35-0170-00030-0090 No EtbricArla in e_14V « Next Lower Parcel' Next Higher Parcel » Owner & Property Info Page 1 of 3 SE go -a83 C r1) 2013 Certified Values Parcel List Generator Owner's Name OCIEPKA PEGGY M Site Address 1127 SW PARK ST, OKEECHOBEE Mailing Address 1105 5TH ST BHR OKEECHOBEE, FL 349740405 Description p SOUTHWESTADDITION `TOOTS 9 & 10, WEST 100 FT OF LOT 11 BLOCK 3; LESS LAND FDOT IN ORB 465 PG 1601 NOTE: This description is not to be used as the Legal Description for this parcel in any legal transaction. Land Area 0.385 ACRES S/T/R 37 37-35 Tax Neighborhood 518640.00 District 50 DOR Use Code VEH SALE/R (002700) Market Area 40 The DOR Use Code shown here is a Dept. of Revenue code. Please contact the Okeechobee County Planning & Development office at 863-763-5548 for specific zoning information. Property & Assessment Values Mkt Land Value cnt: (1) $71,610.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (2) $84,984.00 XFOB Value cnt: (4) $4,047.00 Total Appraised Value $160,641.00 Sales History 2013 TRIM (pdf) GIS Aerial Retrieve Tax Record Property Card Interactive GIS Map Print Search Result: 1 of 1 2013 Certified Values Just Value $160,641.00 Class Value Moo Assessed Value $160,641.00 Exempt Value Moo Total Taxable Value $160,641.00 Show Similar Sales within 1/2 mile Fill out Sales Questionnaire Sale Date Book/Page Inst. Type Sale VImp Sale Qual Sale RCode (Code List) Sale Price http://www.okeechobeepa.com/GIS/D_SearchResults.asp 11/4/2013 h uvdlnDEo ou 0 D_SearchResults Page 2 of 3 4/4/2013 729/72 PR I U 11 $0.00 9/10/1997 395/1550 WD V U _ 03 $6,000.00 3/6/1996 375/1186 WD V Q 3000 $7,500.00 9/14/1995 370/813 WD I Q _ $50,000.00 12/1/1994 362/56 QC I U 03 $6,000.00 11/1/1987 291/505 FJ I U 03 $0.00 Building Characteristics Bldg Sketch Bldg Item Bldg Desc Year Blt Heated S.F. Actual S.F. Bldg Value Show Sketch 1 GARAGE (006502) 1986 1320 1370 $24,402.00 Show Sketch 2 GARAGE (006502) 1997 3000 3000 $60,582.00 Extra Features & Out Buildings - ( Show Codes Code Desc Year Blt Value Units Dims Condition (% Good) CONC B COM SLB WL 1986 $667.00 0000450.000 0 x 0 x 0 PD (065.00) CONC B COM SLB WL 0 $3,172.00 0001739.000 0 x 0 x 0 PD (080.00) CONC I BUMPERS 2007 $28.00 0000004.000 0 x 0 x 0 PD (050.00) LNI1 LGHT INCD 2007 $180.00 0000002.000 0 x 0 x 0 PD (075.00) Land Breakdown Lnd Code Desc Units Adjustments Eff Rate Lnd Value 067WP3 HWY 70 W (MKT) 0000100.000 FF - (0000000.385AC) 1.00/1.00/1.00/1.00 $716.10 $71,610.00 Okeechobee County Property Appraiser Search Result: 1 of 1 CAMA updated: 10/30/2013 HOME 1 Record Search 1 GIS Map 1 General Info I Exemptions ('Tangible Tax 1 FAQ 1 C This information was derived from data which was compiled by the Okeechobee County Prop( Appraiser's Office solely for the governmental purpose of property assessment. This informatic not be relied upon by anyone as a determination of the ownership of property or market value. warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or i interpretation. Although it is periodically updated, this information may not reflect the data curt) in the Property Appraiser's office. The assessed values are NOT certified values and thereforE subject to change before being finalized for ad valorem assessment purposes. Notice: Under Florida Law, e-mail addresses are public record. If you do not want your e-mail address response to a public -records request, do not send electronic mail to this entity. Instead contac by phone or in writing. http://www.okeechobeepa.com/GIS/D_SearchResults.asp 11/4/2013 Okeechobee County Property Appraiser - Map Printed on 11/4/2013 3:09:0... Page 1 of 2 7!•-21-37-35-' 17 - ii iO3i ,_irr_i, OCIEP KAF'EGGY M 0.385AC 191-10.19C17 _ id5 (u_iCi . Okeeenonee 1..ui.,l1lt f Property Appraiser PARCEL: 3-21-37-35-0170-00030-0090 - VEH SALE/R (002700) SOUTHWEST ADDITION LOTS 9 & 10, WEST 100 FT OF LOT 11 BLOCK 3; LESS LAND TO FDOT IN ORB 465 PG 1601 Name:OCIEPKA PEGGY M LandVal $71,610.00 Site: 1127 SW PARK ST, OKEECHOBEE BldgVal $84,984.00 Mail: 1105 5TH ST BHR ApprVal $160,641.00 OKEECHOBEE, FL 349740405 JustVal $160,641.00 Sales Assd $160,641.00 Info Exmpt $0.00 Taxable $160,641.00 i 30 60 3.-.1 f+. This information, CAMA updated: 10/30/2013, was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not http://www.okeechobeepa.com/GIS/Print_Map.asp?pj boiibchhj bnl igcafcefo... 11/4/2013 § 70-373 OKEECHOBEE CODE (5) The use will not adversely affect property values or living conditions, nor be a deter- rent to the improvement or development of adjacent property. (6) The use may be required to be screened from surrounding uses, to reduce the im- pact of any nuisance or hazard to adjacent uses. (7) The use will not create a density pattern that would overburden public facilities such as schools, streets, and utility ser- vices. (8) The use will not create traffic congestion, flooding or drainage problems, or other- wise affect public safety. (d) Special exception use not granted. The board of adjustment shall not grant a special exception use petition where there is an existing violation of theseregulations. Dr(e) Change of ownership. If ownership of prop- '• ty subject to a grant of a special exception by ),r% ,;the board of adjustments is transferred, including by sale or inheritance, the special exception use and the conditions and length thereof shall con- : tinue as provided in the original grant. • (f) Nonuse. If the special exception use granted by the board of adjustment should fail to exist or fail to be used for a continuous period of 180 days f then such use shall lapse and the current owner be required to reapply as provided in this division. In case of hardship, where the loss of such special exception would materially affect the integrity of any mortgage or other financing arrangement on the subject real property, the board of adjustment may consider such hardship in granting a re- newal of such special exception. (LDR 1998, § 253) Sec. 70-374. Variance by board of adjust- ment. (a) Authorization. (1) The board of adjustment shall hear and decide petitions for a variance from the provisions of these regulations, where ow- ing to unique physical conditions a literal enforcement of the provisions would re- sult in unnecessary hardship. (2) A variance is authorized only as to phys- ical requirements of these regulations in- cluding height, lot area, size of structure, size of yard, setback, buffer and open space. (3) Establishment or expansion of a use or density otherwise not permitted shall not be allowed by variance, nor shall a vari- ance be granted because of the presence of other nonconforming structures or use in the zoning district or adjoining district. (4) Self-created problems and economic hard- ship shall not be grounds for granting a variance. (b) Standards for granting a variance. Appli- cants for a variance shall address the following issues in their presentation: (1) Demonstrate that the variance is needed to overcome a hardship caused by the unique physical conditions of the site. (2) Specify the minimum variance required including height, lot area, size of struc- ture, size of yard, setback, buffer or open space. its (c) Findings required. In granting a variance the board shall consider the following factors and must find that: CD70:20 (1) Special conditions exist which are pecu- liar to the land or structure involved, and are not applicable to other land or struc- tures in the same zoning district. (2) The special conditions and circumstances do not result from actions of the appli- cant. (3) Literal interpretation of the provisions of these regulations would deprive the appli- cant of rights commonly enjoyed by other properties in the same zoning districts and would work unnecessary and undue hardship on the applicant. z civ • (FLLL Cori. ca, Secs. 90.257-90-280. Reserved. DIVISION 8. HEAVY COMMERCIAL (CHV) DISTRICT* ZONING § 90-283 Sec. 90-281. Generally. (a) Heavy commercial (CHV) zoning districts shall be permitted only on land designated as future land use category commercial in the com- prehensive plan. (b) Uses in heavy commercial (CHV) zoning districts shall be subject to the regulations of this division. (LDR 1998, § 380) Sec. 90-282. Permitted uses. The following principal uses and structures are permitted in the CHV district: (1) Professional office, business office, medi- cal office. (2) Retail service, retail store including out- door display of merchandise. (3) Restaurant, take-out restaurant, cafe. (4) Personal service. (5) Dry cleaner/laundry, laundromat. (6) Funeral home. . (7) Hotel, motel. (8) Private club, nightclub. (9) Craft studio. (10) Business school. (11) Commercial indoor recreation. (12) Commercial parking garage or lot, taxistand, bus terminal. (13) Storefront church located in a unit in a multi -use building or shopping center. (LDR 1998, § 381; Ord. No. 1070, § 2, 1-18-2011; Ord. No. 1079, § 6, 1-17-2012) *Cross reference—Businesses, ch. 14. Sec. 90.283. Special exception uses. • The following uses and structures are permit- ted in the CHV district after issuance of a special exception use petition and may have additional conditions imposed at the time of approval: (1) Drive-through service. (2) Auto service station, car wash. (3) Wholesale, warehouse not including bulk storage of flammable liquids. (4) Enclosed warehouse and storage. (5) Outdoor sales and storage, building trades contractor. (6) Flea market. (7) Mechanical and repair services. (8) Commercial outdoor recreation. (9) Veterinary service. (10) Crematory. (11) Marina, dock, pier. (12) Recreational vehicle park, for transient recreation use. (13) Radio, television or cable reception, trans- mission or operational facilities. (14) Public facility or use. (15) Public utility. (16) Permitted uses in excess of 45 feet in height. (17) One dwelling unit per commercial build- ing. (18) Outdoor vehicle sales lot. (19) House of worship. (20) Hospitals, which means in patient hospi- tal care. (21) Adult family care homes, assisted living facilities as defined in F.S. § 429.02(5). (22) Nursing homes. (LDR 1998, § 382; Ord. No. 867, § 1, 8-17-2004; Ord. No. 962, § 1, 12-5-2006; Ord. No. 1008, § 3, 2-19-2008; Ord. No. 1067, § 2, 9-14-2010) Supp. No. 10 CD90:23 § 90-284 OKEECHOBEE CODE Sec. 90-284. Customary accessory uses. Each permitted principal use and special ex- ception use in the CHV district is also permitted to have the customary accessory uses for that use. (LDR 1998, § 383) Sec. 90-285. Lot and structure requirements. Except where further restricted by these regulations for a particular use, the minimum requirements for lots and structures in the CHV district shall be as follows: (1) Minimum lot area. All uses: Area 6,250 square feet Width 50 feet (2) Minimum yard requirements. Except where a greater distance is required by these regulations for a particular use, the minimum yard setbacks shall be as follows: a. All uses: Front 20 feet to buildings; ten feet to parking and driveway Side Eight feet; 20 feet abutting residential zoning district Rear Ten feet; 20 feet abutting a residential zoning district b.. The width of an adjacent street or alley may be applied to the increased setback required when abutting a residential district. (3) Maximum lot coverage by all buildings. Maximum Coverage Maximum Impervious Surface All uses: 50 percent 85 percent (4) Maximum height of structures. Except where further restricted by these regulations for a particular use, the maximum height shall be as follows: All uses shall be 45 feet, unless a special exception is granted. (LDR 1998, § 384) Sec. 90-286. Additional regulations. Additional regulations which shall apply to all uses in the CHV district include, but are not limited to: (1) Concurrency regulations. (2) Parking and loading regulations. (3) Landscaping regulations. (4) Sign regulations. (5) Accessory use regulations. (6) Supplementary use regulations. (7) Environmental and stormwater regula- tions. (8) Utilities regulations. (LDR 1998, § 385) Secs. 90-287-90-310. Reserved. Supp. No. 10 CD90:24 Okeechobee County Property Appraiser - W.C. Bill Sherman, CFA - OkeechobeeklffpDhlvisrw813@47a.com/GIS/D_SearchResults.asp Okeechobee County Property Appraiser CAMA updated: 10/30/2013 Parcel: 3-21-37-35-0170-00030-0090 « Next Lower Parcel! Next Higher Parcel >= Owner & Property Info Parcel List Generator Retrieve Tax Record Property Card 2013 TRIM (pdf) Interactive GIS Map Print Owner's Name OCIEPKA PEGGY M Site Address 1127 SW PARK ST, OKEECHOBEE Mailing 1105 5TH ST BHR Address OKEECHOBEE, FL 349740405 $84,984.00 SOUTHWEST ADDITION LOTS 9 & 10, WEST 100 FT OF LOT 11 BLOCK Description 3; LESS LAND TO FDOT IN ORB 465 PG 1601 NOTE: This description is not to be used as the Legal Description for this parcel In any legal transaction. Land Area 0.385 ACRES S/T/R 21-37-35 Neighborhood 518640.00 Tax District 50 DOR Use Code VEH SALE/R (002700) Market Area 40 The DOR Use Code shown here is a Dept. of Revenue code. Please contact the Okeechobee County Planning & Development office at 863-763-5548 for specific zoning information. Property & Assessment Values Mkt Land Value cnt: (1) $71,610.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (2) $84,984.00 XFOB Value cnt: (4) $4,047.00 Total Appraised Value $160,641.00 Sales History « Prev Search Result: 8 of 12 Next » GIS Aerial 2013 Certified Values Just Value $160,641.00 Class Value $0.00 Assessed Value $160,641.00 Exempt Value $0.00 Total Taxable Value $160,641.00 Show Similar Sales w ithin 1/2 mile Fill out Sales Questionnaire Sale Date Book/Page Inst. Type Sale Vlmp Sale Qual Sale RCode (Code List) Sale Price 4/4/2013 729/72 PR I U 11 $0.00 9/10/1997 395/1550 WD V U 03 $6,000.00 3/6/1996 375/1186 WD V Q 0 x 0 x 0 $7,500.00 9/14/1995 370/813 WD I Q 0 x 0 x 0 $50,000.00 12/1/1994 362/56 QC DWI I U 03 $6,000.00 11/1/1987 291/505 FJ I U 03 $0.00 Building Characteristics Bldg Sketch Bldg Item Bldg Desc Year Blt Heated S.F. Actual S.F. Bldg Value Show Sketch 1 GARAGE (006502) 1986 1320 1370 $24,402.00 Show Sketch 2 GARAGE (006502) 1997 3000 3000 $60,582.00 Extra Features & Out Buildings - ( Show Codes ) Code Desc Year Blt Value Units Dims Condition (% Good) CONC B COM SLB WL 1986 $667.00 0000450.000 0 x 0 x 0 PD (065.00) CONC B COM SLB WL 0 • $3,172.00 0001739.000 0 x 0 x 0 PD (080.00) CONC I BUMPERS 2007 $28.00 0000004.000 0 x 0 x 0 PD (050.00) LNI1 LGHT INCD _ 2007 $180.00 0000002.000 0 x 0 x 0 PD (075.00) Land Breakdown Page 1 of 2 Okeechobee County Property Appraiser - W.C. Bill Sherman, CFA- Okeechobeetifffothkivw813147620644a.com/GIS/D_SearchResults.asp Lnd Code Desc Units Adjustments Eff Rate Lnd Value 067WP3 HWY 70 W (MKT) _ 0000100.000 FF - (0000000.385AC) 1.00/1.00/1.00/1.00 $716.10 $71,610.00 Okeechobee County Property Appraiser « Prev Search Result: 8 of 12 Next » CAMA updated: 10/30/2013 HOME I Record Search I GIS Map I General Info I Exemptions I Tangible Tax I F A Q I Contact Us This information was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. Notice: Under Florida Law, e-mail addresses are public record. If you do not want your e-mail address released in response to a public -records request, do not send electronic mail to this entity. Instead contact this office by phone or in writing. Powered by: GrizzlyLogic corr - © Copyright 2001 © All Rights Reserved - Okeechobee County Property Appraiser Page 2of2 D_SearchResults Okeechobee County Property Appraiser CAMA updated: 10/30/2013 Parcel: 3-21-37-35-0170-00030-007B « Next Lower Parcel Next Higher Parcel » Owner & Property Info age o 2013 Certified Values k Parcel List Generator Retrieve Tax Record Property Card 2013 TRIM (pdf) Interactive GIS Map Print Owner's Name OCIEPKA PEGGY M Site Address SW PARK ST, OKEECHOBEE Mailing Address 1105 5TH ST BHR OKEECHOBEE, FL 349740405 Description SOUTHWEST ADDITION LOTS 12 & 13 & S 100 FT OF LOT 7 BLOCK 3 NOTE: This description Is not to be used as the Legal Description for this parcel In any legal transaction. Land Area 0.459 ACRES SIT/R 21-37-35 Neighborhood 518640.00 Tax District 50 DOR Use Code VACANT COM (001000) Market Area 40 The DOR Use Code shown here is a Dept. of Revenue code. Please contact the Okeechobee County Planning & Development office at 863-763-5548 for specific zoning information. Property & Assessment Values Mkt Land Value cnt: (1) $41,000.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (0) $0.00 XFOB Value cnt: (0) $0.00 Total Appraised Value $41,000.00 Sales History Search Result: 1 of 2 Next » GIS Aerial 2013 Certified Values Just Value $41,000.00 Class Value $0.00' Assessed Value $41,000.00 Exempt Value so.00 Total Taxable Value $41,000.00 Show Similar Sales within 1/2 mile Fill out Sales Questionnaire Sale Date Book/Page Inst. Type Sale Vlmp Sale Qual Sale RCode (Code List) Sale Price 4/4/2013 729/72 PR I U 11 $0.00 10/11/2004 543/1353 QC V U 03 $0.00 8/2/2000 442/439 QC V U 03 $0.00 8/2/2000 442/440 QC V U 03 $0.00 9/10/1997 395/1550 WD V U 03 $6,000.00 3/6/1996 375/1186 WD V Q $7,500.00 9/14/1995 370/813 WD I Q $50,000.00 12/1/1994 362/56 QC I U 03 $6,000.00 11/1/1987 291/505 FJ I U 03 $0.00 Building Characteristics Bldg Sketch I Bldg Item I Bldg Desc I Year Blt I Heated S.F. I Actual S.F. I Bldg Value NONE Extra Features & Out Buildings - ( Show Codes ) Code I Desc Year Bit I Value I Units I Dims I Condition (% Good) NONE Land Breakdown Lnd Code Desc Units Adjustments Eff Rate Lnd Value 067WP4 SW PARK ST (MKT) 0000100.000 FF - (0000000.459AC) 1.00/1.00/1.00/1.00 $410.00 $41,000.00 11/6/2013 D SearchResults age o Okeechobee County Property Appraiser CAMA updated: 10/30/2013 Search Result: 1 of 2 Next » HOME I Record Search I GIS Map I General Info I Exemptions I Tangible Tax I FAQ I Contact Us This information was derived from data which was compiled by the Okeechobee County Property Appraisers Office solely for the govemmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or its interpretation. Although it is periodically updated, this Information may not reflect the data currently on file in the Property Appraisers office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. Notice: Under Florida Law, e-mail addresses are public record. If you do not want your e-mail address released in response to a public -records request, do not send electronic mail to this entity. Instead contact this office by phone or in writing. Powered by: GrizzlyLogic.com - © Copyright 2001 ©AII Rights Reserved - Okeechobee County Property Appraiser 11/6/2013 N238476 CITY OF OKEECHOBEE, FLORIDA 55 S.E. 3rd Avenue, Okeechobee, FL 34974 (863) 763.3372 RECEIVED fromat"-� 1-1 0'7/i 3 20 �.•C i�c,- L .. Jig r _d O ? L �GL.t a of� �/ P c� � � ► t ceP T ; v„( /0/ Pd $ 5-/m ." Or 14 DOq/ 100 CLERK Dollars