000 VanLandinghamREQUEST
PLANNING BOARD /"
HOARD OF ADJUSTMENT & APPEALS V
El EEE PAIL) 44-100 4/ 80
NOTICE SENT 9 ri
ADVERTISEMENT vif,r
WEARING DATE
CLOSING DATE
(;).oAt) GR�4-- rJ'r�.� 1c£
T REniJ
UNIFORM LAND USE APPLICATION
(.FNERAL NATURE OF REQUEST:
1 , Rezone of Land.
H. Zoning Ordinance Change
3. X Appeal of decision of Zoning Administrator F.
D.
E.
Variance
Special Exception
Other
yt) I'ICE: PAYMENT OF FEE MUST ACCOMPANY THIS APPLICATION ALONG WITH PROOF OF
OWNERSHIP. (land deed, tax receipt, etc.)
Full name of owner of property Kyle S. VanLandingham
Name of applicant if other than owner N/A
Relationship to owner: agent;
'3. Mailing address for notification 1905 S.W. 5th Drive
Okeechobee, Florida 33472
i .
Telephone Number 813- 763 -0708 Bus -813- 763 -6441
attorney.
5. Legal description of property involved (as found in official records):
Attach additional sheets if necessary.
Lot 3 and the North 2 of Lot 4, Block 28, Woodland Park, according
to the plat thereof recorded in Plat Book 2, page 28,
public records of Okeechobee County, Florida.
.street address and /or descriptive location of property:
1905 S.W. 5th Drive, Okeechobee, Florida 33472
REZONE O LAND
1. Proposed change Zoning Classification from
Are there improvements on the property at this time?
3. How is the property being used at this time?
to
4. Would any present use of the property be considered a violation of
Zoning Ordinance 402, or any other Ordinance of code of the City of Okee-
chobee? If yes, please state nature of the violation:
5, i)o you wish to appear and make a presentation before the Planning Board
and the City Council at the necessary public hearings?
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 pro-
perty described in paragraph 5 above? 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 pro -
perty or that I am the attorney or agent of the legal owner. 7 further certify
that the above answers and information on this application are true and correct.
Sign
H. ZONING ORDINANCE CHANGE
1. Please state the section and paragraph number to which a change in the
Zoning Ordinance (Number 402) is sought:
2. Please state the nature of the change:
3. If you are not a City Official, Employee or Council Member, why do you
feel this change will be beneficial to the citizens of the City of Okee-
chobee?
I hereby certify that the above answers and information on this application
;11.ee true and correct.
Sign
APPEAL OF DECISION OF ZONING ADMINISTRATOR
1. Please state nature of request to Zoning Administrator: permit
to construct fence. Permit was issued and fence was constructed pi:rsrrant
to specifications on permit. Permit Date -Jan. 28, 1980
2. Please state decision of Zoning Administrator and approximate date of
decision: See attached letter
June 13, 1980. (Copy)
•Il
3. Why do you feel this decision is in error? see attar,ha -1 copy
of my response to the Zoning Administrator dated .Tub �3 198
4. Please state any statute, code or ordinance provisions that support
your position:
I hereby certify that the above answers and informat on o this application
are true and correct.
Sign
RICHARD B. SPRAY
CITY BUILDING OFFICIAL
City Of Okeechobee
P. O. BOX 126
OKEECHOBEE, FLORIDA 33472
Memorandum
To: Board of Adjustment & Appeals
From: Building Official
Date: July 1, 1980
Subject: VanLandingham Fence and Permits
BUILDING DEPARTMENT
PHONE 4813) 763 -7292
Mr. VanLandingham has purchased two Fence Permits for his
home from Mr. Wells, Acting Building Official, in Mr. Sprays
absence.
January 8, 1980 the first permit was issued to Okeechobee
Fence. At that time they were informed according to our
Ordinance that the solid fence they intended to install, to
the best of his knowledge could only be 4 foot high from
his property set backs to the road.
January 28, 1980, Mr VanLandingham called and told Mr. Wells he
had researced the matter of fences and found Mr. Wells to be in
error in his information of a 4 foot limit of solid fence on
front property lines. Mr. Wells assumed Mr. Vanlandingham
knew more about our Ordinance than he did, and the fact that he was
filling in for Mr. Spray issued a second permit at no charge
for a taller fence, but told him that if this was in error,
when Mr. Spray returned the fence would have to be removed.
This was brought to the attention of the C:i.ty.Council, they
instructed Attorney Conlon to draft a letter to be sent to all
Fence violators, and for me to inforce the Fence Ordinance,
which I am trying to do. I know there are several fences in
violation in Okeechobee City, but I cannot do anything about
the fences that were there before our Ordinance was adopted.
RICHARD B. SPRAY
CITY BUILDING OFFICIAL
City Of Okeechobee
P. O. BOX 126
OKEECHOBEE, FLORIDA 33472
June 13, 1980
Mr. Kyle VanLandingham
1905 S.W. 5th. Avenue
Okeechobee, Fla. 33472
Re: Fence Violation - Ordinance No. 402
of the City of Okeechobee
Dear Mr. VanLandingham:
It is our understanding that you are the owner of Lot
3 and North 2 if Lot 4, Block 28, Woodland Park, City
of Okeechobee and in that connection, we are writing to
you to advise you that the fence located in the front
yard of said property appears to be in violation of
Ordinance 402 of the City of Okeechobee.
We are enclosing a copy of the pertinent section of
the above referred to ordinance and ask that you take
appropriate action within ten days to correct your
violation.
Should you have any questions or need any additional
information regarding this matter, please feel free to
call the City Building Department between the hours of
7:30 and 4:00, Monday through Friday.
Sincerely .
Richard B. Spray
Building Inspector
Z7
BUILDING DEPARTMENT
PHONE (813) 763 -7292
June 23, 1980
Richard Spray
Building Official
City Hall
Okeechobee, Florida 33472
Dear Mr. Spray,
This is in response to your letter of June 13, 1980, received
June 16, 1980, in which you alieg d that the fence located on
my property is in violation of City Ordinance No. 402.
I moved into my home at 1905 S. W. 5th Drive in December 1979,
and the following month I decided to install a wood fence along
the south side of my property line. A new house was scheduled
for construction on the lot to the south and the desire for
privacy prompted my decision to have a fence constructed. A
fence permit was obtained from the city building department
dated Jan. 8, 1980, which authorized a fence 6 feet in height
along the property line up to the front of my house with a 4
foot fence from that point to the front boundary of my property.
I informed the Building Department that it was my intent to
have a 6 foot fence along the entire south side of my property
line and subsequently a new permit was granted, January 28,
1980 for a fence 100 feet long, 72 inches high...
The fence was constructed and subsequently I received a call
from you stating that my fence violated the City Zoning ordinance.
You came to my office and informed me that that portion of the
fence located in the front yard was in violation and should be
no more than thirty inches in height. However, you did not
object to the remainder of the fence which is located in my side
and rear yard. I informed you that I did not feel that my fence
violated the ordinance.
I heard nothing further from you until I received your letter
of June 13, 1980, a letter dated less than three weeks before
your scheduled retirement. Your letter invited me to contact
your office if I had any questions. I came by your office on
the afternoon of June 17, 1980 in order to discuss the matter
with you. During the course of our meeting you proceeded to
inform me that that portion of my fence in the side and rear
yard were also in violation of the ordinance. You stated at
one point that the fence located in the side and rear yard
could be no higher that 22 feet and at one point you even
stated that under Section 7, paragraph 2, no fence of any
height along my south property line could be installed. Your
contradictory opinions on the meaning of the ordinance and
Page 2
Mr. Spray
your erratic, bizarre behavior left me without any adequate
explanation as to how I was in violation of the zoning
ordinance.
Consequently I am hereby appealing your decision that my fence
violates Ordinance 402 of the City of Okeechobee and I request
a hearing before the Board of Adjustments of the City of
Okeechobee on this matter.
I might point out that if you are correct in your position
that my fence violates Ordinance 402 then there are a large
number of fences and hedges through out the City of Okee-
chobee which also are in violation. I stongly resent being
singled out for this discriminatory treatment.
Sincerely yours,
Ky e S. Van Landingham
KSVL / an
231 P�
ac; Cc 1632
WARRANTY DEEO
INDIVID. TO INDIV ID
1 -'
RAMCO FORM 01
This Warranty Deed Made the 20th (l(,,, of November A. D. 19 79 by
W. R. WATTS
hereinafter Called the grantor, to KYLE S. VAN LANDINGHAM, a single man
_,..
' IUSP t)UStalli(Y' a(l(h'ess l.i 1 .J� , - --.,...'. } >,� :- ••. _, -.?C -- l 's
hereinafter e(1 lied the grantee:
Whereser used herein the trine. "�ra.w, and 1tantee Include all the parties to this instrument and
the Fteir, legal repro- eutatitr• and a' hz i A indisiduals. and the Successors and a»si¢ns of eorporatin.;
iLtnesseth. chat the grantor. for and in consideration of the sum of S 10.00 and other
valuable considerations. receipt whereof is herehv acknowledged. hereby grants, bargains, sells, aliens, re-
mises, releases, conveys and confirms unto the grantee. all that certain land situate in 0keechobee
County, Florida, rte:
Lot 3 and the Ni of Lot 4, Block 28, WOODLAND PARK, according to plat
thereof recorded in Plat Book 2, page 28, public records of Okeechobee
County, Florida.
Subject to easements, restrictions and reservations of record.
Subject to that certain mortgage dated January 5, 1979, by W. R. Watts
to First Savings & Loan Association of Okeechobee County, recorded in
0. R. Book 225, page 1531, public records of Okeechobee County, Florida
securing the principal amount of $42,400.00, which grantee herein
expressly assumes and agrees to pay.
The above does not constitute homestead property of the grantor.
Together with alt the tenements, hereditaments and appurtenances thereto belonging or in any -
tvise appertaining.
To Have and to .lokd, the saute ire fee simple forever.
Dudthe grantor hereby covenants with said grantee that the grantor is lawfully sei_ed of said land
in fee simple: that the grantor has good right and lawful authority to sell and convey said land; that the
grantor 'hereby fully warrants the title to said land and will defend the same against the lawful claims of
all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent
to December 31, 19 80
In-Witness-Whereof, the said grantor has signed and sealed these
first above written.
Signed,'seale'd and delivered in our presence:
i i=ce
STATE E •.)F FLORIDA
COUNTY 0;' OKEECHOBEE
presents the clay
and year
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized 9 the State aforesaid and in the County aforesaid to take
acknowledgments, personally appeared W. R. Watts
to the known to be the person described in and who executed the
foregoing instrument and he acknowledged before me that he
executed the same.
11'ITtiESS my hand and official Seal ,in the County and
State last aforesaid this—' 'Flay of
.1.� D. 19
Mot3ry 1;;h:ic, Store hF ='1 -,r ?'a F.t Large -=
Cai isri ion G1 19.1'982
„rr,,:,'rra
BIG LAKE TITTE COMPANY
302 N. W. 5th Sumer
NOTICE OF PUBLIC HEARING
OF APPEAL FROM DECISION
OF ZONING ADMINISTRATION
NOTICE: A hearing will be held before the Board of Adjustment
of the City of Okeechobee to review a determination by the
Zoning Administration that the fence located in the front yard
of the following described property, to -wit:
LOT 3 and N 2 of LOT 4, BLOCK 28, WOODLAND PARK,
CITY OF OKEECHOBEE, also known as 1905 Southwest
Fifth Avenue, Okeechobee, Florida;
is in violation of Ordinance 402 of the City of Okeechobee.
The hearing will be held August 5, 1980 at 7:00 PM in the
City Council Chambers, City Hall, Okeechobee, Florida.
ATTEST:
._._iii. /f/
onnie S. Thomas
City Clerk
City of Okeechobee
Edward W. Douglas
President City Council
City of Okeechobee
PUBLISH IN THE OKEECHOBEE NEWS: July 17, 1980
June 23, 1930
Richard Spray
Building Official
City Hall
Okeechobee, Florida 33472
Dear Mr. Spray,
This is in response to your letter of June 13, 1980, received
June 16, 198x, In you alley that the fence located on
my property is in violation of City Ordinance No. 402.
I moved into my home at 1905 S. W. 5th Drive in December 1979,
and the following month I decided to install a wood fence along
the south side of my property line. A new house was scheduled
for construction on the lot to the south and the desire for
privacy prompted my decision to have a fence constructed. A
fence permit was obtained from the city building department
dated Jan. 8, 1980, which authorized a fence 6 feet in height
along the property line up to the front of my house with a 4
foot fence from that point to the front boundary of my property.
I informed the Building Department that it was my intent to
have a 6 foot fence along the entire south side of my property
line and subsequently a new permit was granted, January 23,
1980 for a fence 100 feet long, 72 inches high..
The fence was constructed and subsequently I received a call
from you stating that my fence violated the City Zoning ordinance.
You came to my office and informed me that that portion of the
fence•loccted in the front yard was in violation and should be
no more than thirty inches in height. However, you did not
object to the remainder of the fence which is located in my side
and rear yard. I informed you that I did not feel that my fence
violated the ordinance.
I heard nothing further from you until I received your letter
of June 13, 1980, a letter dated less than three weeks before
your scheduled retirement. Your letter invited me to contact
your office if I had any questions. I came by your office on
the afternoon of June 17, 1930 in order to discuss the matter
with you. During the course of our meeting you proceeded to
inform me that that portion of my fence in the side and rear
yard were also in violation of the ordinance. You stated at
one point. that the fence located in the side and rear yard
could be no higher that 2; feet and at one point you even
stated that under Section 7, paragraph 2, no fence of any
height along my south property line could be installed. Your
contradictory opinions on the meaning of the ordinance and
Page 2
Mr. Spray
your erratic, bizarre behavior left me without any adequate
explanation as to how I was in violation of the zoning
ordinance.
Consequently I am hereby appealing your decision that my fence
violates Ordinance 402 of the City of Okeechobee and I request
a hearing before the Board of Adjustments of the City of
Okeechobee on this matter.
I might point out that if you are correct in your position
that my fence violates Ordinance 402 then there are a large
number of fences and hedges through out the City of Okee-
chobee which also are in violation. I stongly resent being
singled out for this discriminatory treatment.
Sincerely yours,
Ky e S. Van Landingham
KSVL /an