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083-R, 097-S, 017-V Kim Holt and Jim BaughmanDATE' July 1b, '1985 PETITION #083 -R PLANNING COMMISSION BOARD OF ADJUSTMENT & APPEALS NOTICE SENT ADVERTISEMENT (7- 25 -85) & (8 -1 -85) HEARING DATE - PLANNING COMMISSION/ BOARD OF ADJUSTMENT August 13, 1985 HEARING DATE BOARD OF COUNTY FEE PAID S125.00 COMBINATION FEE W/ COMMISSIONERS August 22, 1985 SPEC. EXCEPT. & VARIANCE APPLICATIONS. UNIFUHM LAND USE APPLICATION GENERAL NATURE OF REQUEST: A. X Rezone of Land B. Zoning Ordinance Change D. Variance E. Special Exception C. Appeal of decision of Zoning Administrator F. Other NOTICE: PAYMENT OF FEE MUST ACCOMPANY THIS APPLICATION ALONG WITH PROOF OF OWNERSHIP. (land deed, tax receipt, etc.) 1. Full name of owner of property KIM HOLT and JIM BAUGHMAN 2. Name of applicant if other than owner Relationship to owner: agent; attorney 3. Mailing address for notification 1505 S. Parrott Ave., Okeechobee Telephone #763-6053 743 -.4 4. Legal description of property involved (as found in official records): Attach additional sheets if necessary. 5. Street address and /or descriptive location of property: THAT PROPERTY BOUNDED ON WEST BY TAYLOR CREEK LYING NORTH OF HWY. 70 EAST - CITY OF OKEECHOBEE REZONE OF LAND 1. Proposed change Zoning Classification from HOLDING and COMMERCIAL to RESIDENTIAL MOBILE HOME (RMH) 2. Are there improvements on the property at this time? PRIVATE RESIDENCE & CBS STRUCTURE. 3. How is the property being used at this time? RESIDENCE AND VACANT LAND 4. Would any present use of the property be considered a violation of Zoning Ordinance 74 -1, or any other Ordinance or Code of the County of Okeechobee? NO please state nature of the violation: . If yes, 5. Do you wish to appear and make a presentation before the Planning Board and the County Commission at the necessary public hearing? YES 6. Have you within the last year made any application for any variance, special exception, or zoning change which included any or all of the property described in paragraph 4 above? NO If the answer is yes, please state name such application was filed under (if different from above), the date and nature of such application: I hereby certify that I am the legal owner of the above described property or that I am the attorney or agent of the legal owner. I further certify that the above answers and information on this application are true and correct. NY 083 OKEECHOBEE COUNTY Building & Zoning Dept. 303 N. W. 2nd St. Okeechobee, Florida 33472 Phone 813/763 -5548 AUGUST 1985 REQUEST FOR CONSIDERATION OF PROPOSED ZONING RECLASSIFICATION: NOTICE: ,A hearing will be held before the Planning Commission/ Board of Adjustment on August 13, 1985 to cons°lctter the rezoning from the existing classification of Holding and Commercial to Residential Mobile Home (RMH) with a Special Exception for a mobile home subdivision and a Variance for the reduction from 15 acre requirement to 10 acres plus or minus for the development of a mobile home sub- division of'the following described property: All that part of the East half of the Southeast Quarter of ,the Southwest Quarter of Section 15, Township37 South, Range 35 East, lying East of Taylor Creek and North of State Road 70. Less and except the north 30 feet thereof for road purposes. Being more particularly described as follows: Commencing at the Southeast corner of the Southeast Quarter of the South- west Quarter of Section 15, Township 37 South, Range 35 East, Okeechobee County,' Florida, bear N 00° 10' 04" W along the East line of said South- east Quarter a distance of 86.96 feet to the Northerly Right -of -Way of State Road 70 (Section 9107 -250) to a Point of Beginning: thence bear S 89° 54' 49" W along the Northerly Right -of -Way line a distance of 550.42 feet to the Easterly shore line of Taylor Creek; thence bear the following course along the Easterly shore line; N 36° 18' 51" E a distance of 94.87 feet; N 24° 32' 20" E a distance of 189.32 feet; N 17° 41' 12" E a dis- tance of 172.65 feet; N 13° 34' 13" E a distance of 74.84 feet; N 10° 06' 04" E a distance of 263.26 feet; N 05 °24'34" E a distance of 437.56 feet to a point 50.00 feet south of the north line of the Southeast Quarter of the Southwest Quarter of Section 15 and 254.72 feet west of the east line of the Southeast Quarter of the Southwest Quarter of Section 15; Thence bear N 89° 25' 18" E along a line parallel to the north line of the Southeast Quarter of the Southwest Quarter of Section 15 a distance of 254.72 feet•to the East line of said Southeast Quarter; Thence bear S 00° 10' 04" E along the East line a distance of 1182.45 feet to the Point of Beginning. Containing 9.44 acres Subject to a 100.00 feet utility easement to Florida Power & Light Company as recorded in O.R. Book 23, page 520, Public Records of Okeechobee, County, Florida. PUBLIC HEARING IN RELATION TO THE ABOVE DESCRIBED PROPERTY WILL BE HELD AS FOLLOWS: First Hearing will be held before the Planning Commission /Board of Adjustment of Okeechobee County, Florida on August 13, 1985 at 7:30 P.M. in the County Commission Meeting Room, Okeechobe County Court House, 304 N.W. 2nd Street, Okeechobee,Florida. The Second Hearing will be held before the City Council on August 20, 1985 in the City Council Room, City Hall, Okeechobee, Florida, at which time all parties in interest and citizens shall have the opportunity to be heard.' If any person decides to appeal any decision made be the Planning Commission /Board of. Adjustment with respect to any matter considered at such meeting, he will need to insure that a verbatim record of the proceedings is made which includes the testi- mony and evidence upon which the appeal is based. Walter B. Taylor Zoning Administrator Kim Holt (#083 -R) & (#097 -S) &(017 -V) Published in the Okeechobee News; July 25, 1985 and August 1, 1985 Building and Zoning Account Number 760223 REGULAR MEETING TUESDAY, 8 -20 -85 The City Council of the City of Okeechobee met in regular session in Council Chambers, Southeast Third Avenue, Okeechobee, Florida at 2:00 P.M. with the following Councilmembers present: Mayor Chapman called the meeting to order with the following Councilmen present: Mayor Oakland R. Chapman Vice Mayor Andy Rubin Councilman Edward W. Douglas Councilman Oscar Thomas Councilman Nick Collins Others present were: L.C. Fortner, Jr., Administrative Assistant Bonnie S. Thomas, City Clerk Jerry Bryant, City Attorney Larry Mobley, Police Chief Keith Tomey, Fire Chief Chuck Elders, Street Superintendent Steve Figley, Assistant Director of Public Utilities Lydia J. Wilkerson, Deputy Clerk AGENDA ITEM tII & III - INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was offered by Mayor Chapman, followed by the Pledge of Allegiance. AGENDA ITEM #IV - WALTER B. TAYLOR, COUNTY ZONING ADMINISTRATOR. TO PRESENT THE FOLLOWING REZONING REOUESTS: 1. REZONING REOUEST BY KIM HOLT AND JIM BAUGHMAN TO REZONE CERTAIN PROPERTY FROM HOLDING TO RESIDENTIAL MOBILE HOME WITH A SPECIAL EXCEPTION AND VARIANCE. Mr. Jim Baughman addressed Council requesting their approval for the described property to be rezoned from Holding to Residential Mobile Home. He explained that the Planning Commission did not approve the variance request due to the fact that the law states a Mobile Home Subdivision must have 15 acres, and Mr.Baughman only had 7 acres, therefore, they could only have a Mobile Home Park on this property. He explained that the park would have paved streets, street lights, and a buffer zone between the Mobile Home Park and the Commercial property. After further discussion, Councilman Thomas made a motion to approve the rezoning request. Councilman Douglas seconded the motion. Motion carried. Council discussed the possibility of amending the 402 ordinance by reducing the required number of acres for a Mobile Home Subdivision. Attorney Bryant stated the motion should include that the City was considering the possibility of amending the ordinance at this time and that the Council would agree to the park becoming a Mobile Home Subdivision once the ordinance was amended. Mr. Baughman thanked the Council for their decision. There was no further discussion by Council. 2. Rezoning request by Madray Enterprises to rezone lots 3 -10. Block 9 from Holding to Residential General - 2 in order to build a 32 unit. three • -•- m . -1• - . - • • Mr. Jack Hanes, Vice President of Madray Enterprises, addressed Council requesting their approval on the rezoning of lots 3 -10 of Block 9 from Holding to Residential General 2, for the construction of a 32 unit, three story apartment building. ://z P.O. BOX 14577 CRYSTAL TREE, PENTHOUSE SUITE 405 1201 U. 5. ONE 4 .91,.,E, cicU P TELEPHONE (305) 694 -1660 August 5, 1985 Walter B. Taylor, Zoning Administrator Okeechobee County Building & Zoning Dept. 303 NW 2nd Street Okeechobee, Florida 33472 RE: Zoning Reclassification -10 acres located east of Taylor Creek and North of SR 70 Dear Mr. Taylor: Please be advised that I am the owner of 20 acres contiguous and to the east of the above property which is being considered for rezoning to Residential Mobile Home and a variance from 15 acres to acres. Please be advised that I strenuously object to this rezoning. The present zoning is adequate for that area and no changes should be allowed. Please make this letter a part of the record on this matter. LMT /dsg V: y truly ours, RECEIVED AUG 7 1985 OKEECHOBEE COUNTY Building & Zoning Dept. 303 N. W. 2nd St. Okeechobee, Florida 33472 Phone 813/763 -5548 MEMORANDUM TO: The City Council FROM: The Planning Commission DATE: August 13, 1985 RE: Rezoning request by Kim Holt and Jim Baughman to rezoning the following described property from Holding and Commercial to Residential Mobile Home with a variance from the required (15) acres for a Mobile Home subdivision and a special exception for a Mobile Home Subdivision. -Legal Description Attached- REQUEST: The applicants changed their request at the meeting to rezone only that land zoned Holding with the appropriate special exception and variance. DISCUSSION: The general consensus of the Board was that the variance from the required (15) acres to approximately (7) acres was too much of a variance to approve. The Board decided to hold a workshop meeting to review reducing the (15) acre requirement for a Mobile Home Subdivision. ACTION TAKEN: The Board recommended denial of the rezoning request by a 4 to 3 vote because of the lack to the required (15) acres for a Mobile Home Subdivision. John A. Louthan Planning Commission Chairman Okeechobee City and County