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2017-12-21CITY OF OKEECHOBEE BOARD OF ADJUSTMENT CITY HALL, 55 SE 3RDAVENUE, Room 200, OKEECHOBEE, FLORIDA 34974 SUMMARY OF BOARD ACTION FOR DECEMBER 21, 2017 PAGE 1 OF 4 11 AGENDA 11 ACTION - DISCUSSION -VOTE 11 1. CALL TO ORDER — Chairperson. Regular Meeting, December 21, 2017, 6:00 P.M. 11. OPENING CEREMONIES: Pledge of Allegiance led by Chairperson Hoover. Ill. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE — Secretary. Chairperson Dawn Hoover Vice Chairperson Doug McCoy Board Member Elbert Batton Board Member Phil Baughman Board Member Karyne Brass Board Member Mac Jonassaint Board Member Les McCreary Alternate Board Member Bobby Keefe Alternate Board Member William O'Brien Board Attorney John R. Cook City Planning Consultant Bill Brisson, Senior Planner Board Secretary Patty Burnette IV. AGENDA — Chairperson. A. Requests for the addition, deferral, or withdrawal of items on today's agenda by Staff, Board Members or the Public. . Chairperson Hoover called the December 21, 2017, regular meeting to order at 6:00 P.M. The Pledge of Allegiance was led by Chairperson Hoover. Board Secretary Burnette called the roll: Present Present Present Present Present Present Present Present Absent (with consent) Absent Present Present 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. I E V. MINUTES — Secretary. A. Motion to dispense with the reading and approve the Summary of Board Member Batton moved to dispense with the reading and approve the Summary of Board Action for the November 16, Action for the November 16, 2017, regular meeting. 2017, regular meeting; seconded by Member Brass. There was no discussion on this item. I VOTE HOOVER - YEA MCCOY-YEA BATTON - YEA BAUGHMAN-YEA BRASS - YEA JONASSAINT - YEA MCCREARY - YEA KEEFE — N/A O'BRIEN — ABSENT MOTION CARRIED. DECEMBER 21, 2017 - BOARD OF ADJUSTMENT - PAGE 2 OF 4 II AGENDA II ACTION - DISCUSSION —VOTE II VI. OPEN QUASI-JUDICIAL PUBLIC HEARING — Chairperson. A. Variance Petition No. 17-004-V, reduce minimum lot area requirement for a SF dwelling from 10,000 to 9,320 sq ft; reduce lot width from 75 to 40 ft; and reduce the SOUTH -SIDE minimum yard requirement from 10 to 6 ft; within a RSF-1 Zoning District for 0.22± acres located at 611 SE 6th Avenue (Exhibit 1). 1. Administer of Oath- Board Secretary. Anyone intending to offer testimony on this Petition will be required to take an oath, respond, and give your full name and address. 2. Review Planning Staff Report - recommending approval. CHAIRPERSON HOOVER OPENED THE QUASI-JUDICIAL PUBLIC HEARING AT 6:02 P.M. Variance Petition No. 17-004-V, requests to reduce the minimum lot area requirement for a single family dwelling from 10,000 to 9,320 -square feet; reduce lot width from 75 to 40 -feet; and reduce the SOUTH -SIDE minimum yard requirement from 10 to 6 -feet; within a Residential Single Family -One (RSF-1) Zoning District for 0.22± acres located at 611 Southeast 6th Avenue. This being a quasi-judicial proceeding, Notary Public Patty Burnette administered an oath to those intending to offer testimony; all responded affirmatively and stated their names and addresses for the record: Bill Brisson, Senior Planner, LaRue Planning and Management, of 1375 Jackson Street, Suite 206, Fort Myers, Florida and Mr. Aaron Kinty, property owner and applicant, of 611 Southeast 6th Avenue, Okeechobee Florida. Planner Brisson reviewed the Planning Staff Report explaining the subject property is an unplatted parcel, 40 feet wide and encompassing approximately 9,391 square feet in area. The property is nonconforming to both the minimum lot width and area. The principal structure is a small mobile home, which is a nonconforming use in this zoning district. There are accessory structures (sheds) located West of the mobile home that have inadequate setbacks from the South property line. The owner intends to remove all three structures and replace them with a traditionally built, two-story, 24 -foot wide home; a covered carport; and a two-story, home workshop. The applicant is requesting three Variances; a Variance of 609 -square feet from the minimum required 10,000 -square foot lot necessary to allow the proposed structures to be built since the subject property is an unplatted 9,391 -square foot parcel; a Variance of 35 -feet from the minimum required lot width of 75 -feet necessary to allow the proposed structures to be built since the subject property is an unplatted parcel with a lot width of just 40 -feet; and in order to build a home with a minimum conventional width of 24 -feet, a 4 -foot Variance to allow a 6 -foot setback from the South property line is necessary. In order to grant a Variance, Mr. Brisson explained that an applicant must meet the required standards and findings listed in the City's Land Development Regulations (LDR's). Planning Staff is recommending approval based on the findings within the Planning Staff Report. Member Brass inquired as to whether there were any other unplatted 40 -foot parcels in the area as she was concerned about setting a precedent. Mr. Brisson responded that a precedent is not being set. Variances are considered individually and must meet all the criteria which are the two standards and six findings listed in the LDR's. 137 13 DECEMBER 21, 2017 - BOARD OF ADJUSTMENT - PAGE 3 OF 4 11 AGENDA 11 ACTION - DISCUSSION - VOTE 11 VI. QUASI-JUDICIAL PUBLIC HEARING CONTINUED. 3. Hear from the Property Owner or designee/agent - Mr. Aaron Kinty, Property Owner. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications by the Board. 6. a) Consider a motion to approve or deny the Petition No. 17-004-V Mr. Kinty was present and available for questions from the Board. He explained his grandparents purchased the property in 1974 from Mr. Steve Misik who had owned the property since the 1960's. He did not know whether this piece may have been sold off from a larger piece. The mobile home is a 1973 model which has almost reached the end of its useful life. Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were none. Secretary Burnette noted for the record the Petition was advertised in the local newspaper, a sign was posted on the subject property, and courtesy notices were mailed to 20 surrounding property owners. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone prior to this meeting regarding the petition. There were none stated. Planning Staff's recommendation for approval is based on two sets of criteria. One being the site's consistency with the current LDR's, and the other findings required for granting a Variance. Planning Staffs responses to the Applicant's presentation on consistency with the LDR's are: the unique physical conditions of the site that exist are the property has existed as an undersized, RSF-1 zoned, nonconforming, unplatted parcel for over 40 years. The City's LDR'S prohibit the replacement of a nonconforming mobile home. Since the mobile home has reached the end of its useful life, in order to redevelop the parcel with a single-family home, the applicant must receive a Variance to both the minimum lot area and frontage, otherwise the property is undevelopable. The narrow parcel width also presents a significant hardship to the construction of a 24 -foot wide home, a width that most people would consider minimally acceptable for a single-family home. In order to build this, a 4 -foot Variance is needed to at least one of the required side yards. The minimum variances are needed because it is not possible to increase the existing lot area as additional land cannot be obtained from the City owned park to the South due to a condition of the original grant. The size of the parcel to the immediate North, and the location of the existing home on the RSF-1 parcel, prevents the possibility of obtaining the needed 6 -feet from this property owner. Therefore, the requested 6 -foot variance to the South -side is the minimum necessary to build a minimally acceptable single-family home. Planning Staffs responses to the Applicant's presentation on the required findings are: this is the only parcel in the area that is nonconforming with regard to lot area and lot width. The fact that the existing structure is a 42 year old nonconforming mobile home that may not be replaced except by a conforming use and structure is unique. None of the special conditions or circumstances that result in the need for a Variance are due to actions by the applicant. Without the requested Variances, the mobile home could not be replaced; and a normal width single-family home could not be built on the property, thereby preventing all reasonable development of the properties. The minimal variance of 6 -feet to the required South side setback will have no practical impact on the adjoining park use and permit the Applicant to replace the mobile home with a single-family home. Granting the Variances will only allow the Applicant the ability to build an acceptably sized single-family home on the existing parcel and not grant any other special privileges. The granting of the variance will allow the construction of a single-family home in the RSF-1 district 1 1 AGENDA VI. QUASI-JUDICIAL PUBLIC HEARING CONTINUED. A. 6. a) Consider a motion to approve or deny the Petition No. 17-004-V continued. b) Board discussion. c) Vote on motion. CLOSE QUASI-JUDICIAL PUBLIC HEARING — Chairperson. VII. ADJOURNMENT — Chairperson. Please take notice and be advised that when a person decides to appeal any decision made by the Planning Board/Board of Adjustment and Appeals with respect to any matter considered at this proceeding, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services' media are for the sole purpose of backup for official records. ATTEST: Patty M. Burnette, Secretary Dawn T. Hoover, Chairperson DECEMBER 21, 2017 — BOARD OF ADJUSTMENT - PAGE 4 OF 4 ACTION - DISCUSSION - VOTE without adversely affecting any of the surrounding properties, occupants or users of the surrounding properties. This new construction will allow removal of an old mobile home that is incompatible with the zoning of the property. Motion and a second offered by Members Baughman and Batton to approve Variance Petition No. 17-004-V, for a Variance of 609 -square feet to reduce the minimum lot area requirement for a single family dwelling from 10,000 to 9,391 -square feet; for a Variance of 35 -feet to reduce the lot width from 75 to 40 -feet; and a Variance of 4 -feet to reduce the SOUTH -SIDE minimum yard requirement from 10 to 6 -feet; within a RSF-1 Zoning District for 0.22± unplatted acres located at 611 Southeast 6th Avenue. Legal description being: BEGINNING 354.3 FEET NORTH OF SOUTHWEST CORNER OF GOVERNMENT LOT 6, OF SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST; THENCE RUN NORTH ALONG THE WEST BOUNDARY OF SAID GOVERNMENT LOT 6, A DISTANCE OF 40 FEET TO A POINT; THENCE AT RIGHT ANGLES AND PERPENDICULAR TO SAID WEST BOUNDARY OF GOVERNMENT LOT 6, RUN EASTERLY TO TAYLOR CREEK; THENCE IN A SOUTHERLY DIRECTION ALONG TAYLOR CREEK TO A POINT OPPOSITE THE POINT OF BEGINNING; THENCE WESTERLY TO THE POINT OF BEGINNING. LESS AND EXCEPT THE WEST 30 FEET THEREOF WHICH WAS CONVEYED TO THE CITY OF OKEECHOBEE AS A STREET. Chairperson Hoover asked whether there was any further discussion. There was none. HOOVER - YEA JONASSAINT — YEA MCCOY - YEA MCCREARY — YEA VOTE BATTON — YEA KEEFE — NIA BAUGHMAN - YEA O'BRIEN —ABSENT BRASS - YEA MOTION CARRIED. CHAIRPERSON HOOVER CLOSED THE QUASI-JUDICIAL PUBLIC HEARING AT 6:24 P.M. There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 6:24 p.m. 139 a, �7 la Page 1 of t0 City of Okeechobee Board of Adjustment City Hall, 55 SE 3`d Avenue, Room 200, Okeechobee, Florida 34974 Patty's Handwritten Minutes December 21, 2017 I. Call To Order - Chairperson: Chair Hoover called the December 21, 2017, Regular Meeting to order at Cn p.m. II. Opening Ceremonies: Pledge of allegiance - Chairperson , III. Chairperson, Board Member Staff Attendance - Secretary. IV. Agenda - Chairperson. A. Chair �00,1e r asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. �o n� V. Minutes - Secretary. A. Board Member bcrt�" moved to dispense with the reading and approve the Summary of Board Action for the November 16, 2017, regular meeting; seconded by Board Member EroSS Discussion: PRESENT ABSENT (W OR W/O CONSENT Chairperson Hoover ✓ Vice Chairperson McCoy Board Member Batton ✓ Board Member Baughman ✓ Board Member Brass ✓ Board Member Jonassaint Board Member McCreary ✓ Alternate Board Member Keefe Alternate Board Member O'Brien W COAgj � Planning Consultant Brisson, Senior Planner Board Attorney Cook Board Secretary Burnette 77 IV. Agenda - Chairperson. A. Chair �00,1e r asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. �o n� V. Minutes - Secretary. A. Board Member bcrt�" moved to dispense with the reading and approve the Summary of Board Action for the November 16, 2017, regular meeting; seconded by Board Member EroSS Discussion: talar/l7 4 4 Q9M- Page 2 of VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER ✓ McCOY BATTON BAUGHMAN BRASS JONASSAINT McCREARY KEEFE O'BRIEN ✓ RFSHI TS- &RiEn nFNiFn VI. CHAIR 9DWe✓ OPENED THE QUASI-JUDICIAL PUBLIC HEARING AT VOa P.M. A. Variance Petition No. 17-004-V, reduce minimum lot area requirement for a SF dwelling from 10,000 to 9,320 sq ft; reduce lot width from 75 to 40 ft; and reduce the SOUTH -SIDE minimum yard requirement from 10 to 6 ft; within a RSF-1 Zoning District for 0.22± acres located at 611 SE 6th Avenue (Exhibit 1). 1 . Administer of Oath- Board Secretary. Anyone intending to offer testimony on this Petition will be required to take an oath, respond, and give your full name and address CJI l s5o `. lC,h f�av�un K t'*I � lot 1 5&- (otk ilvel App L i e&#"vf prd P'0' - o n�-- 2. Review Planning Staff Report - recommending approval. Z VaY7 "e. -s Iis�e& on = �g A dgti' o ¢ Paree '5q:t o-r,f av e t I h S � VA -Y11 e. -fb fie ►' d owr� �o w bpXACL a. 5�4- 0", mo k")l 1 e kome a ro^ -- Qj 15+� d o -*-&s 4-.jr,d � ord� ens a r e o e + In c. c G- V� n 04-- b to h_z'r� � [ -� 4 fo r C4\, k'S ib r �I -�-2 K"p ✓t_. ►ap►l►-t 4V Page 3 of VI. QUASI-JUDICIAL PUBLIC HEARING ITEM CONTINUED. '4044- fits Q rid W" �CQ��?P✓pt 6Y ct mfef a -.c-(_. 5r�,f rds 1:12n ne r Q,�p � a �,n�d a rd `� i s + C� 1► s lc n P lark 4 Q,nd remin M -S Ca - ,rP� es l� u - b�r VOA to ,� &,,_k �Qcces5 � Kcc ' - PaA Cd a Imo,.1 1,RP 11►7 if M+ Page 4 of L— VI. QUASI-JUDICIAL PUBLIC HEARING ITEM CONTINUED. 3. Hear from the Property Owner or designee/agent - Mr. Aaron Kinty, Property Owner. naren+s M�r��rn `� h.2re qhen �J,F� f��:s (�nct- `I h(S rr � tiaue-- �o h� 4Y✓t. S4cw M V ,mho owned ,1cl��p d o . 'I fS �- /►� f` �`1.�.- P �e�C�n 2 n�t�2✓ 3ldQ mobile {�o��e iS a tq�3rl�ad� I Q.l r�nv 4- -E z6Yltlj � r e p bced �(n Q1d 111j d Page 5 of VI. QUASI-JUDICIAL PUBLIC HEARING ITEM CONTINUED. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. �• 1 5. Disclosure of Ex -Parte Communications' by the Board. ,a�aril i" -44kV44- Page 6 of VI. QUASI-JUDICIAL PUBLIC HEARING ITEM CONTINUED. 6. a) Consider a motion to approve or deny Petition with/without special conditions (refer to Planning Staff Report). Motion and a second offered by frt:`'�rn"r and _t_�a 4�1� toPpprov/denial Variance Petition No. 17-004-V, to reduce the minimum lot area requirement for a SF dwelling from 10,000sq ft; reduce lot width from 75 to 40 ft; and reduce the SOUTH -SIDE minimum yard requirement from 10 to 6 ft; within a RSF-1 Zoning District for 0.22± acres located at 611 SE 6'h Avenue. b) Board discussion. none. +",414 r C) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER McCOY BATTON BAUGHMAN BRASS JONASSAINT McCREARY KEEFE O'BRIEN CHAIR MO CLOSED THE QUASI-JUDICIAL PUBLIC HEARING AT 01 P.M. VII. ADJOURN - Chairperson. I - V' iDEPENDENT NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County,rflorirda, that the attached copy of advertisement being a t "WPIC. NAu-' in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 1.a- 1islaco Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Sworn to and subscribed before me t Is 154' day of 'T-Q(k I' AD Notary Public, State of Florida at Large Mcl e�l Okeecs -"y 1.11 9 107 SW 17uite DOkeechobee;�1=T da 34974 863-766 ` L PUBLIC NOTICE CITY BOARD OF ADJUSTMENT MEETING NOTICE IS HEREBY GIVEN that the City of Okeechobee Board of Adtust- ment will Doodad a regular meetlng on Thur Dec 21, 2017, B PM, or as soon thereafter as possble, at Gry HaH 5SSE 3rd Ave, Rm 200, Okeecho- bee, Fl The Board of Adjustment and Appeals serves as the decision mak- Ing 1 and S j.dcial Exceptions. behalf of the Gly, to approve or deny The public is Irnited and encouraged to attend. The agenda may be ob- tained from atyofokeechobee.wm or by calling the General Services Office, 863-763-3372 x9820. ANY PERSON DECIDING TO APPEAL any decklon made by the BOA with to arty matter considered a[ thIs in g w01 need to ensure a verbatlm record of the proceeding B made and the record Includes the W. rrwny and evidenceu n vMkh the appeal will be based. In accordance asw defineddby the ADA, that � special a�mmoda�tion to participate thisproceeding, contact the General Services Office no later than two busi- ness days prior to proceeding, 863-763-3372. BE ADVISED that should you Intend to straw any document, Wcture, video or Items to the BOA in support or oppo�6on to any Item on the re vId o copy of the document pdure, video, or Item must be provMed to the Board if ry for the Gty's records. By: Chairperson Dawn Hoover 483553 ON 12/15(2017 k w •+?v' ANGIE BRIDGES W COMMISSION # FF 976149 EXPIRES- :ApIQ20,2020 11 �''`O Wit;°••. BW'W 11YU Nohq Mk urwo wlitef8 Mcl e�l Okeecs -"y 1.11 9 107 SW 17uite DOkeechobee;�1=T da 34974 863-766 ` L PUBLIC NOTICE CITY BOARD OF ADJUSTMENT MEETING NOTICE IS HEREBY GIVEN that the City of Okeechobee Board of Adtust- ment will Doodad a regular meetlng on Thur Dec 21, 2017, B PM, or as soon thereafter as possble, at Gry HaH 5SSE 3rd Ave, Rm 200, Okeecho- bee, Fl The Board of Adjustment and Appeals serves as the decision mak- Ing 1 and S j.dcial Exceptions. behalf of the Gly, to approve or deny The public is Irnited and encouraged to attend. The agenda may be ob- tained from atyofokeechobee.wm or by calling the General Services Office, 863-763-3372 x9820. ANY PERSON DECIDING TO APPEAL any decklon made by the BOA with to arty matter considered a[ thIs in g w01 need to ensure a verbatlm record of the proceeding B made and the record Includes the W. rrwny and evidenceu n vMkh the appeal will be based. In accordance asw defineddby the ADA, that � special a�mmoda�tion to participate thisproceeding, contact the General Services Office no later than two busi- ness days prior to proceeding, 863-763-3372. BE ADVISED that should you Intend to straw any document, Wcture, video or Items to the BOA in support or oppo�6on to any Item on the re vId o copy of the document pdure, video, or Item must be provMed to the Board if ry for the Gty's records. By: Chairperson Dawn Hoover 483553 ON 12/15(2017 k w Okeecho ee ews�� 4ali 107 SW 17th SSuite D ti D E P 11 Uv% bwo I&IN T Okeechobee, F1 34974 HHOWSMO�.�.�5� EDI INC.863-763-31�J-- STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County,1 rida, that the attached copy of advertisement being a (�-':1 AC. I�iU�1CL in the matter of 11C\ in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of i:���t►3�:�01� Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. _t= Katrin = Katrina Elsken Sworn to and subscribed before me this 3'44 day of &)Q11—AD Notary Public, State of Florida at Large PUBLIC NOTICE CONSIDERATION OF A PROPOSED VARIANCE NOTICE IS HEREBY GIVEN that a QUASI-JUDICLIL PUBLIC HEAR- ING will be held before the Gty of Okeechobee Board of Adjustment on Thur', December 21, v,, C. nd0 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Council Chambers, Rm 200, Okeechobee, FL, to consider and receive input on Variance Petition No. 17-CO4-V, submitted by Mr. Aaron Kinty, the property ormer. The request B to reduce the minimum lot area requirement for a sin 2- y d•.velnng from 10,000 to 9,320 square feet and reduce the lot vndih from 75 to40feet, ref. Code Book Section 90-10:11ax1); Reduce the SOUTH -SIDE minimum yyaard requirement from 10 to 6 feet, ref. Code Book Section 90-I05(bY1) t.itltin a Refidentiai Sir'I, amily One Zoning Distrix for the purpose o7 replacing the existing mobile home with a not concrete (block structure encompassing a single -fainly home and personal of- five/isor'ashmp space. The property consists of 0.22tacres, located at 611 SE 6th Avenue. Legal: BEGINNING 354.3 FEET NORTH OF SOUTHWEST CORNER OF GOV- ERNMENT LOT 6, OF SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST; THENCE RUN NORTH ALONG THE WEST BOUNDARY OF SAID GOVERNMENT LOT 6, A DISTANCE OF 40 FEET TO A POINT; THENCE AT RIGHT ANGLES AND PERPENDICULAR TO SAID WEST BOUNDARY OF GOVERNMENT LOT 6, RUN EASTERLY TO TAYLOR CREEK; THENCE IN A SOUTHERLY DIRECTION ALONG TAYLOR CREEK TO A POINT OPPOSITE THE POINT OF BEGINNING; THENCE WESTERLY TO THE POINT OF BEGINNING. LESS AND EXCEPT THE WEST 30 FEET THEREOF WHICH WAS CONVEYED TO THE CITY OF OKEECHOBEE AS A STREET. The petition may be Inspected at the address above during regular business hours, Hon -Fn, 6 AM -4:30 PH, except for holidays. The public Is enmur- aged to attend. The Board of Adjustment serves as the decision making body on this matter to approve or deny Variances. _ ANY PERSON DECIDING TO APPEAL any decision made by the Board with respea to any matter considered at this meeting er.1l need to ensure a verbatim record of the proceeding Is made and the record incudes the testi- mony and evidence upon which the appeal wll be baPd. In acrordance Kith the Americans with Dsabilibes Act (ADA), any person with a disability as defined by the ADA,.that needs special accommodation to participate in this proceeQng, contact the General Senices Office no later than t++o busi- nessdays prior to proceedmg, 863-763-3372. BE ADVISED that should you Intend to shins any doament,Picture, video'' or items to the Beard In support or opposition to any item on the agenda; a copy of the document, picture, video, or item must be proMed to the Board Secretary for the Ot(s records. by: Zoning Administrator Marcos frontes De Oca, Petition No. 17-004-V 433332 ONIZr6,13F2o17 - Ln ANGIEBRIDGES My COMMISSION # FF 916149 �_zW;'�pBonded EXPIRES: April 20,2020 TNu Notary Public Underwriters PUBLIC NOTICE CONSIDERATION OF A PROPOSED VARIANCE NOTICE IS HEREBY GIVEN that a QUASI-JUDICLIL PUBLIC HEAR- ING will be held before the Gty of Okeechobee Board of Adjustment on Thur', December 21, v,, C. nd0 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Council Chambers, Rm 200, Okeechobee, FL, to consider and receive input on Variance Petition No. 17-CO4-V, submitted by Mr. Aaron Kinty, the property ormer. The request B to reduce the minimum lot area requirement for a sin 2- y d•.velnng from 10,000 to 9,320 square feet and reduce the lot vndih from 75 to40feet, ref. Code Book Section 90-10:11ax1); Reduce the SOUTH -SIDE minimum yyaard requirement from 10 to 6 feet, ref. Code Book Section 90-I05(bY1) t.itltin a Refidentiai Sir'I, amily One Zoning Distrix for the purpose o7 replacing the existing mobile home with a not concrete (block structure encompassing a single -fainly home and personal of- five/isor'ashmp space. The property consists of 0.22tacres, located at 611 SE 6th Avenue. Legal: BEGINNING 354.3 FEET NORTH OF SOUTHWEST CORNER OF GOV- ERNMENT LOT 6, OF SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST; THENCE RUN NORTH ALONG THE WEST BOUNDARY OF SAID GOVERNMENT LOT 6, A DISTANCE OF 40 FEET TO A POINT; THENCE AT RIGHT ANGLES AND PERPENDICULAR TO SAID WEST BOUNDARY OF GOVERNMENT LOT 6, RUN EASTERLY TO TAYLOR CREEK; THENCE IN A SOUTHERLY DIRECTION ALONG TAYLOR CREEK TO A POINT OPPOSITE THE POINT OF BEGINNING; THENCE WESTERLY TO THE POINT OF BEGINNING. LESS AND EXCEPT THE WEST 30 FEET THEREOF WHICH WAS CONVEYED TO THE CITY OF OKEECHOBEE AS A STREET. The petition may be Inspected at the address above during regular business hours, Hon -Fn, 6 AM -4:30 PH, except for holidays. The public Is enmur- aged to attend. The Board of Adjustment serves as the decision making body on this matter to approve or deny Variances. _ ANY PERSON DECIDING TO APPEAL any decision made by the Board with respea to any matter considered at this meeting er.1l need to ensure a verbatim record of the proceeding Is made and the record incudes the testi- mony and evidence upon which the appeal wll be baPd. In acrordance Kith the Americans with Dsabilibes Act (ADA), any person with a disability as defined by the ADA,.that needs special accommodation to participate in this proceeQng, contact the General Senices Office no later than t++o busi- nessdays prior to proceedmg, 863-763-3372. BE ADVISED that should you Intend to shins any doament,Picture, video'' or items to the Beard In support or opposition to any item on the agenda; a copy of the document, picture, video, or item must be proMed to the Board Secretary for the Ot(s records. by: Zoning Administrator Marcos frontes De Oca, Petition No. 17-004-V 433332 ONIZr6,13F2o17 - Ln OF, OKpFcy CITY OF OKEECHOBEE ~� @^ BOARD OF ADJUSTMENT o �o DECEMBER 21, 2017, OFFICIAL AGENDA * 91 PAGE 1 of 2 CALL TO ORDER - Chairperson: December 21, 2017, Regular Meeting, 6:00 p.m., City Hall, 55 SE Third Avenue, Room 200, Okeechobee, Florida. OPENING CEREMONIES: Pledge of allegiance led by Chairperson III. CHAIRPERSON, BOARD MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson Dawn Hoover Vice -Chairperson Doug McCoy Board Member Elbert Batton Board Member Phil Baughman Board Member Karyne Brass Board Member Mac Jonassaint Board Member Les McCreary Alternate Board Member Bobby Keefe Alternate Board Member William O'Brien Board Attorney John R. Cook City Planning Consultant Bill Brisson, Senior Planner Board Secretary Patty Burnette IV. AGENDA - Chairperson. A. Requests for the addition, deferral, or withdrawal of items on today's agenda by Staff, Board Members, or the public. V. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the November 16, 2017, regular meeting. VI. OPEN QUASI-JUDICIAL PUBLIC HEARING - Chairperson. A. Variance Petition No. 17-004-V, reduce minimum lot area requirement for a SF dwelling from 10,000 to 9,320 sq ft; reduce lot width from 75 to 40 ft; and reduce the SOUTH -SIDE minimum yard requirement from 10 to 6 ft; within a RSF-1 Zoning District for 0.22± acres located at 611 SE 6" Avenue (Exhibit 1). 1. Administer of Oath- Board Secretary. Anyone intending to offer testimony on this Petition will be required to take an oath, respond, and give your full name and address 2. Review Planning Staff Report - recommending approval. 3. Hear from the Property Owner or designee/agent - Mr. Aaron Kinty, Property Owner. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications' by the Board. DECEMBER 21. 2017 - PB Aaenda - Paae 2 of 2 6. a) Consider a motion to approve or deny Petition with/without special conditions (refer to Planning Staff Report). b) Board discussion. c) Vote on motion. CLOSE QUASI-JUDICIAL PUBLIC HEARING - Chairperson. VII. ADJOURN - Chairperson. 'Per Resolution No. 1997-05 Officials must disclose any communication received including the identity of the person, group, ore ntity; written communication maybe read if not received by all Board Members; disclose any site visits made; disclose any expert opinions received; disclose any investigations made; disclosures must be made prior to the vote taken. Persons who have opinions contrary to those expressed in the ex -parte communication are given a reasonable opportunity to refute or respond. ANY PERSON DECIDING TO APPEAL any decision made by the Board with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and that the record includes the testimony and evidence upon which the appeal will be based. General Services media are for the sole purpose of backup for official records of the Department. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Services Department, no later than two business days prior to the proceeding, 863-763-3372. �C wry or UKeecnonee uate: vennon ivo. r / - CU -_ v General Services Department Fee Paid: 5W,00 OK 1 50krisdiction: Bp 55 S.E. 3`d Avenue, Room 101 1Hearing: a_� �_ �� 2 no Hearing: VI/A Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Publication Dates: Fax: (863) 763-1686 Notices Mailed: i a - II 1 Exhibit _ •-,_� ti„ _ .., ,Rezone -S"' ee�al Exce t�on�and 17ananse=��'=�-.:::;� ,'� -.l_. ^�'c s.1s�f:- �`'"iv-'^.i::"._T ��.r.,�� �:r l::�y�i•."-.�- Ya-: :t'C..n..t :•.t._ .`:.-: •' �C.`-.y'u.�:Y.�>v ��.�:,-:. ��i;...r:i _F�•�..�;��..J��= _, � � _/_.-:; _- �_�. � til_ ~ _ ,,... __ _w�=,,; .- _L:�� �:::APPLICANT�INF_O.RMATION�.,� 1 Name of property owner(s): a('pyv I 2 Owner mailing address: -.2 - 3. Name of applicant(s) if other than own6r by 4 Applicant mailing address: 2 E-mail address: lx' i�(1 pc 0. 00, Y711 $ Y'1 , C0YYA 5 Name of contact person (state relationship):. 1 0y" �v 6 Contact person daytime phone(s): 6.� �q 7- 3 �; - : -c ^'tel%:^•�' .Ati:sy :::Oru����?. t. �:J+'.t:.ti _ _•n.� _ • 2 r•.• - __ T. . i.. V,l.�'C_::f _ n.�l•`�r- 1r i 1 _(�: �i:•I•'y.:'i:-:i.`.'ti_ !- !i -.•_r' � .,.�_ ;-:: :'�,, <<PRO.PERTYINF.O`RMA�TiION� • - w �,;�:•..; .�.. .z-•1;-�, 1:_�-,. �. r...,s.:.. _.-v.....,...�..-. .. •... _,. .. .• __ ,..,. .,. ... .-..>..: .. .,_....- ter. ... -...- .,,.r _ J Property address/directionsto property: Describe current use of property: Describe improvements on property (number/type buildings, dwelling units , occupied or vacant, etc. / /;I id, �Z �"s , 1 e-mrfOVI- 9 Source of potable water: Method of sewage disposal: d tA--A 10 Approx. acreage: Is property in a platted subdivision? JV -0 - �ttS tA10) �t ; Is there a use on the property that is oa�r""was in violation of a city or county ordinance? If so, describe: '� 12 Is a pending sale of the property subject to this application being granted?, Describe uses on adjoining property to the North: T0.Ylr GNA 13 North: (ASH East: South: C n y ' Pa.f k West: SF 6 14 Existing zoning: S �/S f Future Land Use classification: ?= 15 Have there been any prior rezoning, special exception, variance, or site plan approvals on the property? X)No (__)Yes. If yes provide date, petition number and nature of approval. 16 Request is for: (__) Rezone Special Exception (2�) Variance 17 Parcel Identification Number: ..)_2_- 3 -7 _,3 r- O /{ 00 _ p o p / .. aa- 100 (Rev 09/14) Page 1 of 11 i'2 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. Signature Printed Name Date toy-, kxry For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 218 (Rev 09/14) Page 2 of 11 r REQIJ,IRED:AMT MM N, -%E � t 18 Applicant's statement of interest in property: cvv N C (` Non-refundable application fee: Rezoning: $850 plus $30/acre; Special Exception: $500 plus $30/acre; Variance: $500 19 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: . 21 Notarized letter of consent from property owner (if applicant is different from property owner) Three property surveys (one no larger than 11x17) containing: a. Certified boundary surrey, date of survey, surveyor's name, address and phone number 22 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. Signature Printed Name Date toy-, kxry For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 218 (Rev 09/14) Page 2 of 11 u`ee ,5e�r.la: tC STANDARDS FOR GRANTING A VARIANCE [(Sec. 70-374(b), LDR page CD70:20] Applicants are required by Sec. 70-374(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 variance is needed to overcome a hardship caused by the unique physical conditions of the site [and not merely for economic reasons or the convenience of the applicant]. su.i'�-ab le- Gon�.tYt'`'��6� 2. Specify the minimum variance required including height, lot area, size of structure, size of yard, setback, buffer or open space. [Applicant should explain why the requested variance is the minimum necessary to overcome the hardship.] j / / A IL,S �Q � S o t^� a �( � L✓S �Ilr— l 0,r` ho n e, " oz's �n �t� ► 5 ►�. ��- �-��,d-�r� . -�- n� �s��� nom.-a�h.s !o` 0,0- � (Rev 09/14) Page 10 of 11 17L�. ADDITIONAL INFORMATIONL,REQUIREp FOR A VARIANCE A Describe the Variance sought: �v o'� S 't �, er 110, � $;bac koy--, 5 o v--tA.. w Ife5 i c M B Describe the physical characteristics of the property that make the variance necessary: I� / 5 q0 IBJ; &. tq, oar-,,itbU-► c{ 4., k)Jd.e_ of CS 6 home,:. A 6 ` tbaGk 1160-1 -t�4- worrk 5)1, -to ka►'n lo, Did you or a previous owner of the property cause or contribute to the characteristic necessitating the variance: KINo ( _Yes If yes, explain: C D What specifically is the minimum variance necessary and explain why a lesser variance is not adequate. A /`2S i de-+" `� !� � lr%btJ � � 7'�t.G✓✓t e�T � i 5 n -o -t X2.,5 l r�o�.b ��� c,,mg �der�- fide Co�fi �e� cgs E Attach a site plan showing the buildings, structures and other improvements or characteristics of the site and the location of the specific variance(s) sought. F Responses addressing the standards and required findings for the granting of a variance as described below Attach additional sheets as necessary. STANDARDS FOR GRANTING A VARIANCE [(Sec. 70-374(b), LDR page CD70:20] Applicants are required by Sec. 70-374(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 variance is needed to overcome a hardship caused by the unique physical conditions of the site [and not merely for economic reasons or the convenience of the applicant]. su.i'�-ab le- Gon�.tYt'`'��6� 2. Specify the minimum variance required including height, lot area, size of structure, size of yard, setback, buffer or open space. [Applicant should explain why the requested variance is the minimum necessary to overcome the hardship.] j / / A IL,S �Q � S o t^� a �( � L✓S �Ilr— l 0,r` ho n e, " oz's �n �t� ► 5 ►�. ��- �-��,d-�r� . -�- n� �s��� nom.-a�h.s !o` 0,0- � (Rev 09/14) Page 10 of 11 17L�. FINDINGS REQUIRED FOR GRANTING A VARIANCE [Sec. 70-374(c) , pages CD70:20 & 21 in the LDRs] It is the Applicant's responsibility to convince the Board of Adjustment that approval of the proposed variance is justified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the Board of Adjustment to find that: Special conditions and circumstances exist which are peculiar to the land or structure involved, and are not applicable to otl1er land or structures in the same zoning district. PX i 5)-J`v .0 S old , ��17Y� 9Sob n, -t j s-7yu Clc w�. W►11 ai��1/4d� Po;( G>✓n;n �Gtd7) b�`1"7�y 2. The special conditions and circumstances do not result from actions of the applicant. -9,CG1-�'%� Was un4bte-- -to -601 a"►y ad�,`��� laoj dac, PC G ia,A-t mon u -71v GOn s?Y`tA-co ark. So, a n y d iw' 3. Literal interpretation and enforcement of the Land Development Code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning districts under the terms of the Land Development Code, and would work unnecessary and undue hards ip on the applicant. W ; tk-owt t , ,meq sre %�a r ► �.�, c,� , cons-�-✓��-�,�- q T►�U f,� I ~�-t— 7�'+� Phi �' l� (�� Y3 o -t' v►abs. 4. The variance, if granted, is the minimum variance necessary to make possible the reasonable use of the land or structure. dtu w i Q� -lq o Lzt t,.,571 7T'�- n,0 &k 5. Granting the variance request will not confer on the applicant any special privilege(s) that is (are) denied by the Land Development Code to other land or structures in the same zoni g district. VJe- a� �(y �-v .b u ► d ly 6. Granting the variance will be compatible with the intent and purpose of the Land Development Code, and the variance will not be injurious to the neighborhood or detrimental to the public welfare. The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light of the above standards and required findings and offer a recommendation for approval or denial. NOTE: AN APPROVAL OF A VARIANCE EXPIRES IF A BUILDING PERMIT APPLICATION HAS NOT BEEN SUBMITTED W ITHIN TWO YEARS OF THE APPROVAL [Sec. 70-348(4)] (Rev 09/14) Page 11 of 11 Patty Burnette From: Bill Brisson <bill@larueplanning.com> Sent: Wednesday, November 22, 2017 4:05 PM To: Patty Burnette Cc: Lane Gamiotea; Bobbie Jenkins Subject: Description of variance requests associated with 17-004-V Patty, Per our earlier telephone conversation, following are descriptions of the three variances needed to allow Mr. Kinty to replace the existing mobile home at 611 SE 6th Avenue with a new concrete block structure encompassing a single-family home and personal office/ workshop space: 1. A variance of 680 square feet from the minimum required 10,000 square foot lot area to allow the proposed structure to be built on a lot of about 9,320 square feet. A variance of 35 feet from the minimum required lot width of 75 feet to allow the proposed structure to be built on a lot which is 40 feet wide. A variance of four feet from the minimum required side yard of 10 feet to allow the proposed structure to be built with a side yard of six feet along the south property line. Please call should you have any questions. Hope you all have a great Thanksgiving! Bill Wm. F. Orisson, AICP Senior Planner La Kuc p# nMir ng{. 1375 ,Jackson jt x#206, tort Myers, FL 33901 239-33`+'-3366 bill@laruePlanning.com Direct Line: 23q-204-5283 +� �D ' I Ililll IIIl111lII 1!!II III!! !1111 IIII Illi FILE NUM 2012006273 OR OK 1010716 PG 11064 SHARON RDBERTSDN► CLERK OF CIRCUIT COURT OKEECHOBEE COUNTYr FLORIDA Prepared by and return to: RECORDED 06/21/2012 02:51:08 PM AMT 10.00 Patricia A. Ragon RECORDING FEES 518.50 DEED DOC $0.70 Clear Title &Legal Services RECORDED BY M Pinon 3128 Hwy 441 South P9s 1064 - 1065: (2p9s) Okeechobee, FL 34974 863-824-6776 (Space Above This Line For Recording Quit Claim Deed This Quit Claim Deed made this 11th day of May, 2012 between Dennis Lee Murphy whose post office address is 602 SE 6th Avenue, Okeechobee, FL 34974, grantor, and Aaron A. Kinty whose post office address is ST 0 t<6456 go s � , grantee: (Whenever used herein the terms "grantor" and grantee" include all 1 the part to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum TEN AND NO/] 00 DOLLARS ($10.00) and other good and valuable consideration to -said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and quitclaim to(the said grantee, and grantee's heirs and assigns forever, all the right, title, interest, claim and demand which grantor has in and to the following described land, situate, lying and being in Okeechobee County, Florida to -wit: Tract #l, Beginning 3543 feet North of Southwest corner of Gevernment Lot 6, of Section 22, Township 37 South, Range 35 East; thence run North along the West boundary of said Government Lot 6, a distance of 40 feet to a point; thence at right angles and perpendicular to said West boundary of Government Lot 6, run Easterly to Taylor: Creek; thence in a Southerly direction along Taylor Creek to a point opposite the point of beginning; thence Westerly to the Point of Beginning. Less and except the West 30 feet thereof which was conveyed to the City of Okeechobee as a Street. Parcel Identification Number: 2-22-37-35-OA00-00016-0000 Grantor warrants that at the time of this conveyance, the subject property is'`not the -.Grantor's homestead within the meaning set forth in the constitution of the state of Floi- da,.nor- is it contiguous to or a part of homestead property. Grantor's residence and homestead address is: 609 SE 6th Street, Okeechobee, F134974. To Have and to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of grantors, either in law or equity, for the use, benefit and profit of the said grantee forever. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. DoubleTirne® Book716/Page1064 CFN#2012006273 Page 1 of 2 Signed, sealed and delivered in our presence: Witness Name_ State of Florida County of Okeechobee The foregoing instrument w ::acknowledged before me this I Ith day of May, 2012 by Dennis Lee Murphy, who L] is personally known or [X] uced a dnvees license as identi tion. [Notary Seal] Notary Public TPATPJGiA A RAGON i►.11SS0 4 1089710 EXPIRES: June 29,2013 OFne MXWThmgw9dWary Sam Quit Claim Deed - Page 2 P�:..ro.1 Al.....�. O�t��claa e_ Ranon Book716/Page1065 CFN#2012006273 DoubleTime® Page 2 of 2 r �' ►,.. '•:, � i4 .4' tr: iii *, � `t +. �, � h � _ p.y i • _ r cl 1, "kM I 4 �t-fir • N, -€ '•. 0 2-22-37-35=0A00-00019-0000 : •' F O - stir iC65—•rA,. 1 co r C a 6 d C7 1 i N 2-22-37-35-0 X00-00017-0000 0 o SUBJEC�T:PARCEL 0 0 2-22-37-35-OA00-00016-0000`' " 1•. /_ �'' C? O 1 ' • �i In Ch M Y - M M 1 / i a 1 1 M M ' 100FTBUFFER i 2-22-37-35 0100-00028-0000 1 P BEGINNING 354.3 FEET NORTH OF SOUTHWEST CORNER OF GOVERNMENT LOT 6, OF SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST; THENCE RUN NORTH ALONG THE WEST BOUNDARY OF SAID GOVERNMENT LOT 6, A DISTANCE OF 40 FEET TO A POINT; THENCE AT RIGHT ANGLES AND PERPENDICULAR TO SAID WEST BOUNDARY OF GOVERNMENT LOT 6, RUN EASTERLY TO TAYLOR CREEK; THENCE IN A SOUTHERLY DIRECTION ALONG TAYLOR CREEK TO A POINT OPPOSITE THE POINT OF BEGINNING; THENCE WESTERLY TO THE POINT OF BEGINNING. LESS AND EXCEPT THE WEST 30 FEET THEREOF WHICH WAS CONVEYED TO THE CITY OF OKEECHOBEE AS A STREET. ? SET 1/2" IRON ROD & CAP STAMPED "BSM LB 8155" O WEST O, 30-0' ' SURVEY & SECTION 22 TOWNSHIP 37 SOUTH RANGE 35 EAST SIjTE PLAN PARCEL ID # 2-22-37-35-OA00-00016-0000 co I IQ m 0 OHUO —�— OHU OH, ; I HEREBY CERTIFY THAT THIS SURVEY WAS MADE UNDER MY a (D) 0 I O J �, r5 ; . O NO 1'06'23"W A6P06ED' JOkkT•E -, RNE wpI w • ' 60.0 �•� w . �, I AND MAPPERS IN CHAPTER. 5J-17, FLORIDA ADMINISTRATIVE CODE, 57 4 -, . 20.0' �_ j Staff Report Variance Request for 611 SE 6t" Avenue Prepared for Applicant: Petition No.: The City of Okeechobee Aaron Kinty 17-004-V Sheet # 206 fort Myers, FL Staff Report Variance Request General Information Owner Applicant Aaron Kinty Aaron Kinty 2341 SE 27th Street Applicant's Name: Aaron Kinty Petition No. 17-004-V Contact Phone Number (863) 697-3898 Contact Email Address kintyaa@msn.com Legal Description of Subject Property Parcel Identification Numbers: 23-22-37-35-OA00-00016-0000 LEGAL DESCRIPTION: BEGINNING 354.3 FEET NORTH OF SOUTHWEST CORNER OF GOVERNMENT LOT 6, OF SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST; THENCE RUN NORTH ALONG THE WEST BOUNDARY OF SAID GOVERNMENT LOT 6, A DISTANCE OF 40 FEET TO A POINT; THENCE AT RIGHT ANGLES AND PERPENDICULAR TO SAID WEST BOUNDARY OF GOVERNMENT LOT 6, RUN EASTERLY TO TAYLOR CREEK; THENCE IN A SOUTHERLY DIRECTION ALONG TAYLOR CREEK TO A POINT OPPOSITE THE POINT OF BEGINNING; THENCE WESTERLY TO THE POINT OF BEGINNING. LESS AND EXCEPT THE WEST 30 FEET THEREOF WHICH WAS CONVEYED TO THE CITY OF OKEECHOBEE AS A STREET. L. -R,,- Pgrio9 Staff Report Applicant's Name: Aaron Kinty Variance Request Petition No. 17-004-V The subject property is a long and narrow rectangular parcel fronting on SE 6th Avenue and extending about 233 feet eastward to Taylor Creek. The property is an unplatted parcel only 40 feet wide and encompasses approximately 9,391 square feet Oust under 0.22 acre). Therefore, the property is nonconforming to both the minimum lot width (75') and minimum area (10,000 sf). The principal structure now on the lot is a small, 24 -foot wide mobile home with a 4' x 6' entry feature on the north side. This is a nonconforming use, as mobile homes are not permitted in the RSF 1 zoning district. There are also a couple accessory structures which appear to be sheds just west of the mobile home. All the existing structures have inadequate setbacks from the south property line but appear to have adequate setbacks from the north property line. The owner intends to remove all three structures and replace them with a conventionally built, 2 -story, 24 -foot wide home; a covered carport; and a two-story, conventionally built home workshop. The Applicant is requesting three variances: 1. Because the subject property is an unplatted 9,391 sf parcel, a variance of 609 square feet from the minimum required 10,000 square foot lot is necessary to allow the proposed structures to be built. 2. Because the subject property is an unplatted parcel with a lot width of just 40 feet, a variance of 35 feet from the minimum required lot width of 75 feet is necessary to allow the proposed structures to be built. 3. In order to build a home with a minimum conventional width of 24 -feet, the Applicant is asking for approval of a four -foot variance to allow a 6 -foot setback from the south property line. p{-.nni!ng Staff Report Variance Request Applicant's Name: Aaron Kinty Petition No. 17-004-V Adjacent FLUM Classification, Zoning District, and Existing Land Use North East Future Land Use Map Classification Single -Family Residential Zoning District RSF 1, Residential Single -Family Existing Land Use Future Land Use Map Classification Zoning District Existing Land Use Future Land Use Map Classification South Zoning District Existing Land Use Future Land Use Map Classification West Zoning District Existing Land Use Two single-family structures Single -Family Residential (across Taylor Creek) RSF 1, Residential Single -Family (across Taylor Creek) Single-family home (across Taylor Creek) Single -Family Residential PUB, Public Use Park RSF 1, Residential Single -Family RMH, Residential Mobile Home Mobile homes and one vacant, City -owned lot Consistency with Required Standards and Findings Standards for Granting a Variance (Sec. 70-374(b), page CD70:20 in the LDRs): Applicants are required by Sec. 70-374(b) to address the following issues in his/her presentation before the Board of Adjustment. The Applicant has provided responses in his Application to each of the required standards. These are repeated below in Times Roman typeface exactly as provided by the Applicant. Staff has made no attempt to correct typos, grammar, or clarify the Applicant's comments. Staff comments are shown in this Arial typeface. LaRue 3 PiAgrILng Staff Report Variance Request Applicant's Name: Aaron Kinty Petition No. 17-004-V 1. Demonstrate that the variance is needed to overcome a hardship caused by the unique physical conditions of the site (and not merely for economic reasons or the convenience of the applicant). "A residence narrower than 24' (exterior dimensions) is not suitable for construction." Staff Comment: The property has existed as an undersized, RSF1-zoned, noncon- forming, unplatted, parcel with only 40 -foot frontage for over 40 years. Section 90-40(c) prohibits the replacement of a nonconforming mobile home. Since the mobile home has reached the end of its useful life, in order to redevelop the parcel with a single- family home, the applicant must receive a variance to both the minimum lot area and frontage, otherwise the property is undevelopable. The narrow parcel width also presents a significant hardship to the construction of a 24 -foot wide home, a width that most people would consider minimally acceptable for a single-family home. In order to build a 24 -foot wide single-family home, a four -foot variance is needed to at least one of the required side yards. 2. Specify the minimum variance required including height, lot area, size of structure, size of yard, setback, buffer or open space. (Applicant should explain why the requested variance is the minimum necessary to overcome the hardship.) "Allowing a 6' setback on the south side allows for a 24' wide structure. There are no neighbors on this side of the structure. The north side remains 10' and will not impinge on the neighbor." Staff Comment: It is not possible to increase the existing lot area of 9,391 square feet to the 10,000 square -foot minimum because additional land cannot be obtained from the City -owned park to the south because of a condition of the original grant of the land to the City forbids it. The size of the lot to the immediate north, and the location of the existing home on the RSF1 lot, preclude the possibility of obtaining the needed six feet from this property owner. Therefore, the requested six-foot variance to the north G setback is the minimum necessary to build a minimally acceptable single-family home. LaKuc 4 pliang9 Staff Report Applicant's Name: Aaron Kinty Variance Request Petition No. 17-004-V Findings Required for Granting a Variance (Sec. 70-374(c), page CD70:20 & 21 in the LDRs). This section states the Board of Adjustment must find that the following six conditions exist. The Applicant has provided responses in his Application to each of the six required findings. The Applicant's responses are presented below in Times Roman typeface, followed by Staff Comments in Arial typeface. Staff has made no attempt to correct typos, grammar, or clarify the Applicant's comments. 1. Special conditions and circumstances exist which are peculiar to the land or structure involved, and are not applicable to other land or structures in the same zoning district. "The existing mobile home is old (1974). Soon, the structure will degrade to the point of uninhabitability." Staff Comment: This is the only parcel in the area that is nonconforming with regard to lot area and lot width. The fact that the existing structure is a 42 -year old nonconforming mobile home that may not be replaced accept by a conforming use and structure is unique 2. The special conditions and circumstances do not result from actions of the applicant. "The city was unable to sell any additional land due to the conditions of the grant monies to construct the park. So, any building must be limited to the existing lot size." Staff Comment: We agree that none of the special conditions and circumstances that result in the need for a variance are due to actions by the applicant. 3. Literal interpretation and enforcement of the Land Development Code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning districts under the terms of the Land Development Code, and would work unnecessary and undue hardship on the applicant. "Without the requested variance, constructing a quality structure to replace the existing mobile home is not viable" Staff Comment: We agree, without the requested variances, the mobile home could not be replaced; and more importantly, a normal width single-family home could not be built on the property, thereby precluding all reasonable development of the land. Rue; 04991169 Staff Report Variance Request Applicant's Name: Aaron Kinty Petition No. 17-004-V 4. The variance, if granted, is the minimum variance necessary to make possible the reasonable use of the land or structure. "Adjusting the south setback allows for a 24' wide structure without adjusting the north setback." Staff Comment: The Applicant had originally contemplated requesting variances to both the north and south side yard requirements. After we discussed the matter, he realized that he could build a new single-family home with a minimally acceptable width without reducing the north setback which could affect the resident to the north. The minimal variance of six feet to the required south side setback will have no practical impact on the adjoining park use and permit the Applicant to replace the mobile home with a single-family home. 5. Granting the variance request will not confer on the applicant any special privilege(s) that is (are) denied by the Land Development Code to other land or structures in the same zoning district. "We are only seeking to build a residence on family property where I was raised. " Staff Comment: Granting of the variances will only allow the Applicant the ability to build an acceptably sized single-family home on an existing parcel in the RSF 1 District. 6. Granting the variance will be compatible with the intent and purpose of the Land Development Code, and the variance will not be injurious to the neighborhood or detrimental to the public welfare. " The proposed residence will be far superior than the existing structure and will only improve the area." Staff Comment: The grant of the variance will allow the construction of a single-family home in the RSF 1 District without adversely affecting any of the surrounding properties, occupants or users of the surrounding properties. Construction of a single-family home will allow removal of an old mobile home that is incompatible with the zoning of the property. pta4zuc rg Staff Report Variance Request Recommendation Applicant's Name: Aaron Kinty Petition No. 17-004-V Based upon the foregoing information and comments, all of which demonstrate that the requested variances meet both standards and all six of the findings required for granting of the variances by the Board of Adjustment, Staff recommends Approval of the requested variances. Submitted by.- Wm. y. Wm. F. Brisson, AICP Planning Consultant December 12, 2017 Board of Adjustment Hearing: December 21, 2017 Attachments: Future Land Use Map Zoning Map Aerial Photograph Showing Existing Land Uses LaKue ptlhu19 Staff Report Variance Request Applicant's Name: Aaron Kinty Petition No. 17-004-V FUTURE LAND USE SUBJECT SITE AND ENVIRONS 0 COMPREHENSWE PLAN LAND USE SNSLE-:Atlir MULif - =r`4M LT ■ 9RIL'�J"sT�IRL Pu6Ll' FAC ILTIES zESIDw`dTIAL. 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