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17-002-V Family Heritage Holdings, LLC (Denied)City of Okeechobee Date: 1-3-1-7 Petition No. 17— WO(- V General Services Department Fee Paid: 1-_C7 Jurisdiction: 55 S.E. 3`d Avenue, Room 101 15 Hearing:-_1(o-1�� — ----2" Hearing: NM - Okeechobee, Florida 34974-2903 Publication Dates: p6.211, t 216 Phone: (863) 763-3372, ext. 218 Notices Mailed: ;1-1-17 Fax: (863) 763-1686 _ Rezone, Special Exception and Variance APPLICANT INFORMATION y 1 Name of property owner(s): Family Heritage Holdings, LLC 2 Owner mailing address: c/o Buxton and Bass Funeral Home, 400 N. Parrott Ave. Okeechobee 34972 3 Name of applicant(s) if other than owner 4 Applicant mailing address: E-mail address: tom@yatesfuneralhome.com 5 Name of contact person (state relationship): Steven L. Dobbs - Consultant 6 Contact person daytime phone(s): 863-824-7644 PROPERTY INFORMATION Property address/directions to property. 7 205 NE 2nd Street, Okeechobee, FL 34972 Describe current use of property: 8 Former Bass Okeechobee Funeral Home & Crematory Describe improvements on property (number/type buildings, dwelling units , occupied or vacant, etc. Main Facility Approx. 5,000 sq. ft., Metal Garage Building Approx. 2,000 sq. ft. 9 Source of potable water: OUA Method of sewage disposal: Septic Approx. acreage: 1.033 Is property in a platted subdivision? Yes, CITY OF OKEECHOBEE 10 Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: None to our knowledge 11 12 Is a pending sale of the property subject to this application being granted? Yes Describe uses on adjoining propertyto the North: 13 North: Medical Offices East: Commercial South: Commercial West: Commercial 14 Existing zoning: Heavy Commercial Future Land Use classification: Commercial 15 Have there been any prior rezoning, special exception, variance, or site plan approvals on the property? (__)No (X )Yes. If yes Qrovide date, petition number and nature of approval. Mq,qr--1-1, - ry, R �(Iva 16 Request is for: (.__) Rezone (_, Special Exception (X) Variance 17 Parcel Identification Number: 3-15-37-35-0010-01420-0070 ✓ (Rev 09/14) Page 1 of 1 I REQUIRED ATTACHMENTS ouql.5 ONM 18 Applicants statement of *interest in property: C:D �foq� (ow, I pelirtly 6�* - - – — - - - ------------ tion- $ 00'pi6s $30/acre, n-refundablp application fee� Rezoning: $850 plus $301acre; Special Excep Variance: $500 Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges B i 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; 11/20/2003 21 Notarized letter of consentfforn property owner (if applicant is different from property owner) Three property surveys (one rio large,- than "I IxIT, containing: ✓ 22 a. Certified boundary st..jrvey, date of survey, sure-eyors 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 2List of surrounding property owners with addresses and location sketch of the subject property. See 23 the Information Request Form from the Okeechobee Property Appraiser's Office (attached) 24 Affidavit attesting to completeness and correctness of the list (attached) 4OT- ->1 26 1 Cornpleted specific application and checklist sheet for each request checked in lint, 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 rTiy 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. 13 Printed, Namp D- I /-e For questions relati etthis application packet, call General Services Dept. at (863)-763-3372, Ext. 218 (Rev 09114) Page 2 of I I Family Heritage Holdings, LLC (Description of requested land use change and reason for request) Family Heritage Holdings, LLC currently owns approximately 1.033 acres located in Section 15, Township 375, and Range 35E. The property's parcel IDs are 3-15-37-35- 0010-01420-0070. It is currently located in the City of Okeechobee with a current zoning of Heavy Commercial and a FLU of Commercial. There are two existing buildings onsite totaling 7,915 sf on the 44,997 sf lot for a coverage of 17.5% There is currently a contract for purchase of this parcel by the Elks Club. While a Private Club is allowed in this zoning district, there are additional requirements in 90-698 — Private Club, nightclub, and bar requirements that will require a variance for this parcel to allow this sale to go through. If this purchase is successful, the building will require a variance as the Heavy Commercial setbacks are 20' front setback, 8' side setbacks or 20' abutting residential zoning, and 10' rear setback or 20' abutting residential zoning. The setbacks for Private Clubs, nightclubs, and bars are 40' in the front, 25' on the sides or 50 feet abutting residential zoning district and 25' rear setbacks or 50 feet abutting residential zoning district. The other requirement concerning location is no building can be located closer than 75 feet to property line abutting a single family residential lot, while there are no single family residential lots located within 75' of the property lines. Lot 4 of block 142 has a future land use of Residential Multifamily and lots 4, 5, and 6 of block 142 have a zoning of Residential Multiple Family, however there are dentist offices on all of these lots. The existing setbacks are 16.6' from the rear for the west building and 12.3' from the rear for the east building (north property line), 20' from the side (west property line), 106' from the side (east property line), and 35' from the front (south property line). This application is for the City to grant a rear (north) variance of 33.4' for the west building and a 37.7' for the east building and a side (west) variance of 10' and a front (south) variance of 5' as the building was constructed with the setbacks as described above and meet the current use of the property, but not the proposed use. The existing access to this property is one driveway from the west, two driveways from the south, and one driveway from the east. F mily Heritage Holdings, LLC requests that the Board of Adjustments and Appeals nt the requested rear variance of 33.4' for the west building and a 37.7' for the eastlding, 10' side (west) setback, and a 5' front (south) variance as shown on the exhibit. Patty Burnette From: Lane Gamiotea Sent: Friday, February 03, 2017 9:24 AM To: Bill Brisson; Patty Burnette Subject: RE: Variances required for 17-002-V a Yes sir I agree (sorry had to leave the office early yesterday (D) Lane Earnest-Gamiotea, CMC City Clerk/Personnel Administrator City of Okeechobee 55 Southeast 3rd Avenue, Okeechobee, FL 34974 Office: 863.763.3372 x215 Fax: 863.763.1686 Cell: 863.697.0345 U PUBLIC RECORDS NOTICE: Under Florida law, email addresses are public records. If you do not want your email 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. Florida Statute 668.6076 CITY OF OKEECHOBEE E-MAIL DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. From: Bill Brisson [mailto:bill@larueplanninq com] Sent: Thursday, February 02, 2017 3:09 PM To: Patty Burnette; Lane Gamiotea Subject: Variances required for 17-002-V Please see the attached document. While Steve only asked for the variance to allow the covered parking area in the rear to have a 12.3 -foot setback, the existing garage will also need a variance to allow it to remain at the current 16.6 foot setback. Lane, I think that the garage can be allowed under the ad the way went to the paper because it is located further from the property line than the variance requested. Do you agree? 13i,(L Wm. F. Brisson, AICP Sr. Planner LaRue Planning & Management Services, Inc. Direct Line: 239-204-5283 General Office Phone: 239-334-3366 Family Heritage Holdings, LLC — Application 17-002-V The Applicant is requesting,ttivariances to retain the current setbacks. The following table shows the required setbacks for a private club, the current setbacks on the property, and the amount of the variance from the required setback from each property line. Yard Description Setbacks Required Current Variance from Required for Private Club Setbacks Minimum Yard Setbacks North (Rear w/Garage) 25' 8.4' North (Rear w/covered 35' concrete parking) abutting (50' less 15' alley)* ® 22.7 residential zoning district South (Primary front) 40' 5' East (Secondary front 30' 106' No Variance 75% of primary front West (Secondary front 30' ® 10' 75% of primary front setbacks need a variance from the setback required for a Private Club *Sec. 90-285, Lot and Structure requirements for the CHV District Subsection (2)b. states: "The width of an adjacent street or alley may be applied to the increased setback required when abutting a residential district. Patty Burnette From: Patty Burnette Sent: Thursday, February 02, 2017 12:34 PM To: bill@larueplanning.com Cc: Marcos Montes De Oca(mmontesdeoca@cityofokeechobee.com); Robin Brock Subject: Family Heritage -confirm setbacks Attachments: Family Heritage.pdf Importance: High Hi Bill. Steve emailed over revised pages for Variance No. 17-002-V, for Family Heritage on January 30th to us. Upon review I noticed he stated the request differently (bottom paragraph of third page attached) then what had been talked about with Lane and advertised. The rear variance I thought was supposed to be for the "structure", which in this case is actually covered concrete, that was closest to the actual property line??? I think the way Steve has it written out is going to confused the Board. What are your thoughts ? Should it be left this way or stated the way Lane placed in the ad? I have attached a copy of the email she sent to us confirming everything with Steve and what the wording of the ad would be for Bobbie to place. Please let me know asap. Trying to make sure all the pages of the application are updated with correct information since so many changes have been made. Thank you. Pa f-fg M. t3wrAzf & generaCServices Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, IFF- 34974 T'ek 863-763-3372 ext. 218 Eax: 863-763-1686 e -maid pburnette@ckyofokeechobee.com website: ivww.cityofokeechobee.cont NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. 10' Minimum 1'5''°'LLt_='Y( 16.6' Minimum IN Variance Ev Family Heritage Holdings, LLC City of Okeechobee Variance Request Exhibit of Minimum Setback Requirements Gid 1c1L ij-- �� G.O IJ L • '�_ 3• Variance Variance -2 7L5'Minimum (4 f 13' 015, 112.3' Mininium I Variance Rr $t1 I L� i ►J � ( _ 5 V_ L Gk-142 �o ICp�*,-,) 1� 106.1' I'ASP44AL-r- setback '� � dr r SURVEYOR'S CERTIFICATE LEGEND. I HEREBY CERTIFY THAT THIS SURVEY MAP IS PER RECORD DESCRIPTION -FOUND CONCRETE MONUMENT AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF -FOUND IRON ROD AS SURVEYED IN THE FIELD. I FURTHER CERTIFY THAT THIS SURVEY 0 -SET IRON ROD COMPLIES WITH THE MINIMUM TECHNICAL STANDARDS SET FORTH IN q -CENTER LINE CHAPTER 61G-17-6 BY THE FLORIDA BOARD OF LAND SURVEYORS PF -FINISH FLOOR ELEVATION OR PURSUANT TO SECTION 472.027 FLORIDA STATUTES, AND THAT THERE AND MAPPER ARE NO ABOVE GROUND ENCROACHMENTS OTHER THAN HO R/W -RIGHT-OF-WAY PC -POINT OF CURVE BY DATE' D -DELTA ANGLE A -ARC LENGTH PROFESSIONAL SURVEYOR AND MAPPER �' cA FLORIDA REGISTRATION $6427 + -TYPICAL ELEVATION FRED W. REPASS P.S.M. 130' setback )'C.P) 19- 142- 150' 2142- 150' setback I I 'ice cx�' a � Z z Vi 10' Minimum 1'5''°'LLt_='Y( 16.6' Minimum IN Variance Ev Family Heritage Holdings, LLC City of Okeechobee Variance Request Exhibit of Minimum Setback Requirements Gid 1c1L ij-- �� G.O IJ L • '�_ 3• Variance Variance -2 7L5'Minimum (4 f 13' 015, 112.3' Mininium I Variance Rr $t1 I L� i ►J � ( _ 5 V_ L Gk-142 �o ICp�*,-,) 1� 106.1' I'ASP44AL-r- setback '� � dr r SURVEYOR'S CERTIFICATE LEGEND. I HEREBY CERTIFY THAT THIS SURVEY MAP IS PER RECORD DESCRIPTION -FOUND CONCRETE MONUMENT AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF -FOUND IRON ROD AS SURVEYED IN THE FIELD. I FURTHER CERTIFY THAT THIS SURVEY 0 -SET IRON ROD COMPLIES WITH THE MINIMUM TECHNICAL STANDARDS SET FORTH IN q -CENTER LINE CHAPTER 61G-17-6 BY THE FLORIDA BOARD OF LAND SURVEYORS PF -FINISH FLOOR ELEVATION OR PURSUANT TO SECTION 472.027 FLORIDA STATUTES, AND THAT THERE AND MAPPER ARE NO ABOVE GROUND ENCROACHMENTS OTHER THAN HO R/W -RIGHT-OF-WAY PC -POINT OF CURVE BY DATE' D -DELTA ANGLE A -ARC LENGTH PROFESSIONAL SURVEYOR AND MAPPER �' cA FLORIDA REGISTRATION $6427 + -TYPICAL ELEVATION FRED W. REPASS P.S.M. 130' setback )'C.P) 19- 142- 150' 2142- 150' setback I S'coNo l,/AL* 2` YA1-d_-F_Y GUS C pt -A -r- r'-[GNT ST T LOCATION MAP LEGAL DESCRIPTION: SURVEY NOTES: 1. NOT VAUD UNLESS SEALED NTH AN EMBOSSED SURVEYOR'S SEAL 2. FFORDRIGSHTS-OFHWAYNEOWN EOAABSTRACTEDE NOT EASEMENTS OR OWNERSHIP. 3. LAND DESCRIPTION HEREON WAS PROVIDED BY THE CLIENT. 4. BEARINGS SHOWN HEREO ARE BASED ON THE CENTERUNE NT• Z�b T 5 THIS SURVEY NOT TO BE USEDCE FEN INSTALLATION. SPRINKLER SYSTEM SHRUBS OR ANY OTHER UTILITIES WITHOUT REVERIFICATION OF PROPERTY CORNERS. 6. ELEVATIONS SHOWN HERON ARE BASED UPON N.G.V.D. 1929. 7. SURVEY NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE- CERTIFIED NSURANCE CERTIFIED T0: �-t-11D(' NoC-D I NCS 1-i.� � �.��• > gHp�As u -ID I -s H; MCI n wnoit rnurn FTFi1• - -� `��I��) �r� �• ' FRED W. REPASS SURVEYOR & MAPPER 2780 FAIRMONT STREET STUART. FL 34995 (772)878-7568 (office & fax) BOUNDARY SURVEY PREPARED ON Nl- How✓ Fi�`D rte" DOLS q' 74 SCALE: DRAWN BY: FILE No.: 09 - o(�� 03- a � Z S'coNo l,/AL* 2` YA1-d_-F_Y GUS C pt -A -r- r'-[GNT ST T LOCATION MAP LEGAL DESCRIPTION: SURVEY NOTES: 1. NOT VAUD UNLESS SEALED NTH AN EMBOSSED SURVEYOR'S SEAL 2. FFORDRIGSHTS-OFHWAYNEOWN EOAABSTRACTEDE NOT EASEMENTS OR OWNERSHIP. 3. LAND DESCRIPTION HEREON WAS PROVIDED BY THE CLIENT. 4. BEARINGS SHOWN HEREO ARE BASED ON THE CENTERUNE NT• Z�b T 5 THIS SURVEY NOT TO BE USEDCE FEN INSTALLATION. SPRINKLER SYSTEM SHRUBS OR ANY OTHER UTILITIES WITHOUT REVERIFICATION OF PROPERTY CORNERS. 6. ELEVATIONS SHOWN HERON ARE BASED UPON N.G.V.D. 1929. 7. SURVEY NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE- CERTIFIED NSURANCE CERTIFIED T0: �-t-11D(' NoC-D I NCS 1-i.� � �.��• > gHp�As u -ID I -s H; MCI n wnoit rnurn FTFi1• - -� `��I��) �r� �• ' FRED W. REPASS SURVEYOR & MAPPER 2780 FAIRMONT STREET STUART. FL 34995 (772)878-7568 (office & fax) BOUNDARY SURVEY PREPARED ON Nl- How✓ Fi�`D rte" DOLS q' 74 SCALE: DRAWN BY: FILE No.: 09 - o(�� 03- n O l Fron+ : 40' Sec . q�" �0`� D �3J ' $ jae : A5' Or fW Abuikn9 F IS ZOhcPq Family Heritage Holdings, LLC Ate, ; a�5 �Or50� I �� ¢_o City of Okeechobee Variance Request `p C6Un+ WtL 15'014Y Exhibit of Minimum Setback Requirements zonLxJv I oL4 Z , G.+y oP 6L�¢t. ez,� 1 -3 ?-la C.R4V `�, LOW_ �, o LOCATION MAP NE<10 JM J 15 4—b R m 1 ..� / % 1^ p-/ A �� 1 ry`� /1 /��j \�J (�\� .f�¢j'�` "�` p I [�. q z.unuo� a s (W.. /� 1 ��j WTY' W ' .� y \ W� �TIyIS CML4) � {ST ST Z ©liT NE U Arwl Su.• 40- 4q 7 �� ox. Cor "� �' R y E•-Srd Ell o� nitcds 4o ht Comee�{cd4z 25 setback T HE Z (Rta r ' ' I �, �W ' • y Hau ) �Nojthxhure I� Varinance X00 - �' �) i F3751'setback $ PO■ r35_ setback Zonc'�, CT > G� 1r1.�t1- �� ,�Yc�(,c,d,�� T )a t/I a tJL • �,�,./q . ��' 1 i� Gul ` a' SE < 5 ST W sIl / ®� 5 _ t - ��iii �. �'� '� �J • OO �C� ��7—� �D I 50� NSE SE 6 T Clt�ol�4 1 �o.o' Go rJc. o 4,0T l I2 I Q �} 7kt. Rfa•r Proper y Li,►cSe� ,s niaou .x.14?- 14'L 0 40 be,1a.3 LEGAL DESCRIPTIO' N: Lo ) )4 1z 0 b 15 , o ' ASpq..( A L7• _ >a1 � L 6 `� 0 ��6� ?r- l nlCz 1 UI 130 setback Wt5k5L o ?Arm-ro�� N 6r DNS 5) �� 711 61 d >, 4 3' /o Ufa 40 setback ►�) -pm_ J .4 7.4 end +uul yard 7 9 G>3 8 Ui 'ou Q' ,Y -O- or_tl � • Q r 10' �i W•S.JA o Q Variance R`O''"' 0 SURVEY NOTES: 0 c1 m Tn Go �/ • B R IL _ p ,\ 1. NOT VAUD UNLESS SEALED WITH AN EMBOSSED 8- Q LC{ I� Trol1l" �k► SURVEYOR'S SEAL Z 2 LANDS SHOWN HEREON WERE NOT ABSTRACTED r_1 THE 3. LAND DESCRIFOR PTION HEREON WAS PROVIDED -WAY. EASEMENTS OR By �� THE CLIENT. Variance R 4. BEARINGS SHOWN HERE ARE RASED ON THE 17,00 • 04 L f F, t-14i'GONG. k-/AL� CENTERLINE � ZJ� , 0 2 .,11, <�:Te_- t.:, --5T SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS SURVEY MAP IS PER RECORD DESCRIPTION AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED IN THE FIELD. I FURTHER CERTIFY THAT THIS SURVEY COMPLIES NTH THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 61G-17-6 BY THE FLORIDA BOARD OF LAND SURVEYORS PURSUANT TO SECTION 472.027 FLORIDA STATUTES, AND THAT THERE ARE NO ABOVE GROUND ENCROACHMENTS OTHER THANHO DATE L PROFESSIONAL SURVEYOR AND MAPPER FLORIDA REGISTRATION #6427 FRED W. REPASS P.S.M. 00 I. Le -1 -7 o' LEGEND: ■ -FOUND CONCRETE MONUMENT • -FOUND IRON ROD O -SET IRON ROD q -CENTER UNE FFE -FINISH FLOOR ELEVATION PSM -PROFESSIONAL SURVEYOR AND MAPPER R/W -RIGHT-OF-WAY PC -POINT OF CURVE 0 -DELTA ANGLE A -ARC LENGTH +C� -TYPICAL ELEVATION 5. THIS SURVEY NOT TO BE USED FOR FENCE 2' YALd.-F,-`r GLl INSTALLS. ATOR ION. OTHERITOEVERIFlCAON OF ,, cC PROPERTY CORNERS. LAT- )ril'GNT �TF-car 6. ELEVATIONS SHOWN HERON ARE BASED UPON N.G.V.D. 1929. 7. SURVEY NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. CERTIFIED T0: ��J-1 11LY uLDIS F-4ot�INEtS ��,G'�.le'��k.HtkN�sN, H) LZIIF�DaS G-Np.t�� cH vGO�T� FIELD WORK COMPLETED: -o nt:4-tIoN L�►� , brl ySf,> FRED W. REPASS SURVEYOR & MAPPER 2780 FAIRMONT STREET STUART. FL 34995 (772)878-7568 (office & fax) F BOUNDARYSURVEY PARED ON THE ORDER OF: L:% I-iO Nt- L.� °I' 7`i' DRAWN BY: FILE No.: Patty Burnette From: Lane Gamiotea Sent: Monday, January 30, 2017 12:43 PM To: LaRue Planning -Bill Brisson; Patty Burnette; Bobbie Jenkins Cc: Robin Brock; Marcos Montes De Oca Subject: FW: Rear setback confirmation Importance: High Bill/Patty, Steve sent the following email and called me. HOWEVER, when he and I reviewed it over the phone, I asked him, are you sure its 13.0' because when you use the calculations on the site plan it comes to 12.3' While on the phone he confirmed that 12.3' is the ACTUAL REAR Setback from the property line to the closest existing structure. Bobbie, when you send back the corrections to the proof, be sure to change the REAR set back to the new footage. I've recopied & revised the paragraph below for you: The request is to reduce the FRONT setback from 40 to 35 feet and the REAR actual property line setback from 50 to 12.3 feet within a Heavy Commercial Zoning District, Supplemental Use Regulations for a private club, nightclub and bar requirements; Ref. Code Book Section 90- 698. Additionally, reducing the WEST -SIDE setback from 30 to 20 feet, Yards on corner lots ref. Code Book Section 90-447. Lane Earnest-Gamiotea, CMC City Clerk/Personnel Administrator City of Okeechobee 55 Southeast 3rd Avenue, Okeechobee, FL 34974 Office: 863.763.3372 x215 Fax: 863.763.1686 Cell: 863.697.0345 PUBLIC RECORDS NOTICE: Under Florida law, email addresses are public records. If you do not want your email 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. Florida Statute 668.6076 CITY OF OKEECHOBEE E-MAIL DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. From: Steven L. Dobbs[ma iIto: sdobbs(abstevedobbsengineering.com] Sent: Monday, January 30, 2017 12:32 PM To: Lane Gamiotea Subject: Re: Rear setback confirmation La ne, I calculate 13.0 on the east side of the building and 12.3 on the west side of the building. It does appear the building is not square to the lot. Steven L. Dobbs, P. E. 863-634-0194 Sent from my iPhone On Jan 30, 2017, at 12:15 PM, Lane Gamiotea<Igamiotea@cityofokeechobee.com> wrote: Steve, Please confirm the footage for the rear based on the drawing/site plan for Block 142, Lots 7-12 CITY OF OKEECHOBEE. The only found on the site plan is a 16.6' notation. However, Mr. Brisson was confirming all the calculations, your notation "19' minimum variance" has 2 arrows pointing to 2 different areas of existing structures, 1 being the 1 -story steel building & it has the 16.6' from the structure to the property line; the 2nd points to the COV CONC. Structure, there isn't a distance notated from the edge of this structure to the property line. When calculating it appears to be 12.3'(150.0'-35.0'-78.7'-24.0'=12.3'), can you confirm this since we need to be certain we have the correct REAR SET BACK on the Variance Petition. Thanks! (PS — time is of the essence, we're past the deadline to send the advertisement to the newspaper) Lane Earnest-Gamiotea, CMC City Clerk/Personnel Administrator City of Okeechobee 55 Southeast 3rd Avenue, Okeechobee, FL 34974 Office: 863.763.3372 x215 Fax: 863.763.1686 Cell: 863.697.0345 f PUBLIC RECORDS NOTICE: Under Florida law, email addresses are public records. If you do not want your email 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. Florida Statute 668.6076 CITY OF OKEECHOBEE E-MAIL DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. Patty Burnette From: Lane Gamiotea Sent: Monday, January 30, 2017 3:13 PM To: Patty Burnette; LaRue Planning -Bill Brisson Subject: FW: Revised Survey Attachments: doc06467520170130150804.pdf Importance: High Lane Earnest-Gamiotea, CMC City Clerr7, Personnel Administrator — City of Okeechobee 55 Southeast 3rd Avenue, Okeechobee, FL 34974 • - 863.763.3372863.763.1686 - 863.697.0345 PUBLIC RECORDS NOTICE: Under Florida law, email addresses are public records. If you do not want your email 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. Florida Statute 668.6076 CITY OF OKEECHOBEE E-MAIL DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. From: Bobbie Jenkins Sent: Monday, January 30, 2017 2:19 PM To: Steven L. Dobbs Cc: Lane Gamiotea Subject: Revised Survey Importance: High Steve, Lane asked me to check with you to see if you were going to be sending a revised survey with the changes you discussed with her today. I have attached the working copy of the Survey for Family Heritage Holdings, LLC. Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3`d Avenue Okeechobee, FL 34974 Phone: (863) 763-3372 ext. 215 Fax: (863) 763-1686 n N; NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. Patty Burnette From: Lane Gamiotea Sent: Monday, January 30, 2017 3:13 PM To: Patty Burnette; LaRue Planning -Bill Brisson Subject: FW: Heritage Family Attachments: 2016-056 variance Exhibit 20170130.pdf I believe yall need this Lane Earnest-Gamiotea, CMC City Clerk/Personnel Administrator City of Okeechobee 55 Southeast 3rd Avenue, Okeechobee, FL 34974 Office: 863.763.3372 x215 Fax: 863.763.1686 Cell: 863.697.0345 PUBLIC RECORDS NOTICE: Under Florida law, email addresses are public records. If you do not want your email 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. Florida Statute 668.6076 CITY OF OKEECHOBEE E-MAIL DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. From: Steven L. Dobbs - archive [mailto:sdobbs@stevedobbsen inti eering.com] Sent: Monday, January 30, 2017 2:22 PM To: Bobbie Jenkins; Lane Gamiotea Subject: Heritage Family avast This email has been checked for viruses by Avast antivirus software. www.avast.com [(Sec. 70-374(b), LDR page CD70:20j 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 tnerelyfor economic reasons or lite convenience of the applicant]. 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.] (Rev 09114) Page 10 of l 1 A.N)MONAL INFORMATION RE' Q�'.OR A VARIANCE Describe the Variance sou ht g The requested variance is a setback variance from the side, rear and front setbacks as A described herein. Describe the physical characteristics of the property that make the variance necessary: B There are no physical characteristics of the property that make the variance necessary only a proposed change in use from a potential sale of the property to Private Club in the Heavy Commercial Zoning District. Did you or a previous owner of the property cause or contribute to the characteristic necessitating the variance: ( X )trio ( __IYcs If yes, explain: The proposed purchaser would not be able to use the building as they need C under Sec. 90-698 as described herein. The special conditions result from the pending sale of the property and change of use, not directly as a result of the applicant. What specifically is the minimum variance necessary and explain why a lesser variance is not adequate. The minimum variance are as follows rear (north) variance of 33.4' for the west building and a 37.7' D for the east building and a side (west) variance of 10' and a front (south) variance of 5' as the building was constructed with the setbacks for heavy commercial, but not the proposed use. 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. Attached F Responses addressing the standards and required findings for the granting of a variance as described below Attach additional sheets as necessary. Attached [(Sec. 70-374(b), LDR page CD70:20j 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 tnerelyfor economic reasons or lite convenience of the applicant]. 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.] (Rev 09114) Page 10 of l 1 Family Heritage Holdings, LLC Responses to Standards for Granting a Variance [(Sec.7-374(b), LDR page CD 70:2001 1. Demonstrate that the variance is needed to overcome a hardship caused by the unique physical conditions of the site. The variance is required to overcome the requirements of the anticipated sale as described above. When the building was built, the use of this building changing could not have been anticipated. 2. Specify the minimum variance required including height, lot area, size of structure, size of yard, setback, buffer or open space. The minimum requested variance require for this change of use are 33.4' for the west building and a 37.7' for the east building, 10' side (west) setback, and a 5' front (south) variance as shown on the exhibit. 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: 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. 2. The special conditions and circumstances do not result from actions of 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. 4. The variance, if granted, is the minimum variance necessary to make possible the reasonable use of the land or structure. 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. 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 FINDINGS REQUIRED FOR GRANTING A VARIANCE [Sec. 70-374(c) , pages CD70:20 & 21 in the LDRs] 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. As mentioned previously, the existing building was constructed and met the requirements of Heavy Commercial zoning, however a change of use would be required for the sale of the building to proceed. This is use allowed in the existing zoning district. The variance is required due to the pending sale of the property, so this request would not impact other land or structures in the same zoning district. 2. The special conditions and circumstances do not result from actions of the applicant. The applicant cannot use the building as they need under Sec. 90-698 as described above. The special conditions result from the pending sale of the property and change of use, not directly as a result of 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. If the sale of the building and the change of use is granted, the building will not meet setback on the north, west and south side of the property under a literal interpretation of the Land Development Code. To remedy this situation would place an undue hardship on the applicant. 4. The variance, if granted, is the minimum variance necessary to make possible the reasonable use of the land or structure. The requested variance is the minimum variance necessary to make possible the reasonable use of the structure. 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. The City of Okeechobee has traditionally reviewed these types of variances on a site specific basis. Without the requested variances, the building could not feasibly be used as a Private Club, nightclub or bar. The requested variance will allow the building to be used as intended by the pending sale as a Private Club. 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. Granting this variance will be compatible with the Land Development Code and will not be injurious to the neighborhood as all functions of the Private Club will be completed inside the building, nor detrimental to the public welfare as again all functions required by this facility will take place inside the building. Prepared by and return to: Terence P. McCarthy, Esq. McCarthy, Summers, Bobko, Wood, Sawyer & Perry, P.A. 2400 S.E. Federal Highway Fourth Floor Stuart, FL 34994 772-286-1700 File Number: 02316201 Will Call No.: Parcel Identification No. 3-15-37-35-0010-01420-0070 [Space Above This Line For Recording Warranty Deed (STATUTORY FORM - SECTION 689.02, F.S) FILE HUM 40218-13 OR BK 00517 PG 1147 SHARON ROBERTSONr CLERK OF CIRCUIT COURT OKEECHOBEE COUNTYr FL RECORDED 11/26/2003 11:53:42 AM RECORDING FEES 10.50 DEED DOC 2x744.00 RECORDED BY M Anuez This Indenture made this 20th day of November, 2003 between Robert D. Braun, Individually and as Trustee of the Robert D. Braun Declaration of Trust dated September 17, 1999, and Betty Suzanne Braun, his wife, Individually and as Trustee of the Betty Suzanne Braun Declaration of Trust dated September 17, 1999 whose post office address is 96 Champion Boulevard, Rogers, AR 72756 of the County of Benton, State of Arkansas, grantor*, and Family Heritage Holdings, LLC, a Florida limited liability company whose post office address is c/o George F. Bovie, III, 555 Colorado Plaza, Stuart, FL 34994 of the County of Martin, State of Florida, grantee*, Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County, Florida, to -wit: Lot 7, 8, 9, 10, 11 and 12, Block 142, Okeechobee, according to the plat thereof, recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Subject to taxes for 2004, and subsequent years; covenants, conditions, restrictions, easements, reservations and limitations of record, if any. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. * "Grantor" and "Grantee" are used for singular or plural, as context requires. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. DoubleTimee OR BK 00517 PG 1548 Signe sealed and de red in our resence: 1000, F Witness Robert D. Braun, Individually and as Trustee fitness me: "?rr� /'• � Witness Name: Betty anne B Individually and as Trustee Witness Name: State of Florida County of Martin The foregoing instrument was acknowledged before me this 20th day of November, 2003 by Robert D. Braun, Trustee, who U is personally known or [X] has produced a driver's license as identification. [Notary Seal]a,MA� /lo��y1�/r ,� N ary Public �� Q .•�,N,iSStOH •'4'ij �� • �,�er 30 ?•• y S t #DD162140 R" State of Florida %9`'•.;��•'�v� County of Martin ��i Z/C ST A�x\§\� Printed Name:�� My Commission Expires: The foregoing instrument was acknowledged before me this 20th day of November, 2003 by Betty Suzanne Braun, Trustee, who L] is personally known or [X] has produced a driver's license as identification. [Notary Seal]gg%\�ea► Lynn P;-- No ry Public bo der 30,?O9 S4 #DD162140 99` •••� Printed Name: D _>l` �✓y`Oj'�f9/1� My Commission Expires: Warranty Deed (Statutory Form) - Page 2 DoubieTimee A�lk mown, A Im I'5►any i�j�Do 00' 00 4t, -,Ira 60E 'S.(oiE!Y o ou 41501LbIA6r i0 1• ' O ' G ` c p 14 *.^ _-�+" Gov• 13 R-�L _ On 10�_D tG„ -7 C>' P, fo-1 -� � � - _ _ .--__-- � Ste' �'}-► � L+T ��,v �-� ,: �T. SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS SURVEY MAP IS PER RECORD DESCRIPTION AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BEUEF AS SURVEYED IN THE FIELD. I FURTHER CERTIFY THAT THIS SURVEY COMPLIES WITH THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 61G-17-6 BY THE FLORIDA BOARD OF LAND SURVEYORS PURSUANT TO SECTION 472.027 FLORIDA STATUTES, AND THAT THERE ARE NO ABOVE GROUND ENCROACHMENTS OTHER THAN or BYy-DATE: Z PROFESSIONAL SURVEYOR AND MAPPER FLORIDA REGISTRATION #6427 FRED W. REPASS P.S.M. LEGEND: ■ —FOUND CONCRETE MONUMENT • —FOUND IRON ROD O —SET IRON ROD —CENTER UNE FFE —FINISH FLOOR ELEVATION PSM —PROFESSIONAL SURVEYOR AND MAPPER R/W —RIGHT—OF—WAY PC —POINT OF CURVE D —DELTA ANGLE A —ARC LENGTH C). + —TYPICAL ELEVATION So . FAJ� x5 'GONG • W ALS rim n wnpic rnuai FTM -"q J "D I LEGAL DESCRIPTION: LoT 7) 8, �I, 10 ) I , 1 12, 15, LoGk 14-2) `l •{-t 6 0�• 6 {o Ac'wl'DI ► T SURVEY NOTES: 1. NOT VAUD UNLESS SEALED WITH AN EMBOSSED SURVEYORS SEAL 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS—OF—WAY. EASEMENTS OR OWNERSHIP. 3. LAND DESCRIPTION HEREON WAS PROVIDED BY THE CLIENT. 4. BEARINGS SHOWN HEREOl� ARE BASED ON THE CENTERUNE 7J Cb STI 5. THIS SURVEY NOT TO BE USED FOR FENCE INSTALLATION. SPRINKLER SYSTEMS, SHRUBS OR ANY OTHER U11UTIES WITHOUT REVERIFICATION OF PROPERTY CORNERS. g. ELEVATIONS SHOWN HERON ARE BASED UPON N.G.V.D. 1929. 7. SURVEY NOT COVERED BY PROFESSIONAL UABIUTY INSURANCE. CERTIFIED T0:�a-f-lll* T 40�� 1 Nis Lq�LjGH��l�s.t�[ GH I GP'elO `� �`f`I- 1 r`1 I l5 FRED W. REPASS SURVEYOR & MAPPER 2780 FAIRMONT STREET STUART. FL 34995 (772)878-7568 (office & fax) BOUNDARY SURVEY PREPARED ON TME ORDER OF: BS c 1 N �+L Hp Ca Nuo Z� D::' L_ SCALE: DRAWN BY: ALLEE No.: " - 4-01 09 - q (r S ag 14% i0 1• ' O ' G ` c p 14 *.^ _-�+" Gov• 13 R-�L _ On 10�_D tG„ -7 C>' P, fo-1 -� � � - _ _ .--__-- � Ste' �'}-► � L+T ��,v �-� ,: �T. SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS SURVEY MAP IS PER RECORD DESCRIPTION AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BEUEF AS SURVEYED IN THE FIELD. I FURTHER CERTIFY THAT THIS SURVEY COMPLIES WITH THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 61G-17-6 BY THE FLORIDA BOARD OF LAND SURVEYORS PURSUANT TO SECTION 472.027 FLORIDA STATUTES, AND THAT THERE ARE NO ABOVE GROUND ENCROACHMENTS OTHER THAN or BYy-DATE: Z PROFESSIONAL SURVEYOR AND MAPPER FLORIDA REGISTRATION #6427 FRED W. REPASS P.S.M. LEGEND: ■ —FOUND CONCRETE MONUMENT • —FOUND IRON ROD O —SET IRON ROD —CENTER UNE FFE —FINISH FLOOR ELEVATION PSM —PROFESSIONAL SURVEYOR AND MAPPER R/W —RIGHT—OF—WAY PC —POINT OF CURVE D —DELTA ANGLE A —ARC LENGTH C). + —TYPICAL ELEVATION So . FAJ� x5 'GONG • W ALS rim n wnpic rnuai FTM -"q J "D I LEGAL DESCRIPTION: LoT 7) 8, �I, 10 ) I , 1 12, 15, LoGk 14-2) `l •{-t 6 0�• 6 {o Ac'wl'DI ► T SURVEY NOTES: 1. NOT VAUD UNLESS SEALED WITH AN EMBOSSED SURVEYORS SEAL 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS—OF—WAY. EASEMENTS OR OWNERSHIP. 3. LAND DESCRIPTION HEREON WAS PROVIDED BY THE CLIENT. 4. BEARINGS SHOWN HEREOl� ARE BASED ON THE CENTERUNE 7J Cb STI 5. THIS SURVEY NOT TO BE USED FOR FENCE INSTALLATION. SPRINKLER SYSTEMS, SHRUBS OR ANY OTHER U11UTIES WITHOUT REVERIFICATION OF PROPERTY CORNERS. g. ELEVATIONS SHOWN HERON ARE BASED UPON N.G.V.D. 1929. 7. SURVEY NOT COVERED BY PROFESSIONAL UABIUTY INSURANCE. CERTIFIED T0:�a-f-lll* T 40�� 1 Nis Lq�LjGH��l�s.t�[ GH I GP'elO `� �`f`I- 1 r`1 I l5 FRED W. REPASS SURVEYOR & MAPPER 2780 FAIRMONT STREET STUART. FL 34995 (772)878-7568 (office & fax) BOUNDARY SURVEY PREPARED ON TME ORDER OF: BS c 1 N �+L Hp Ca Nuo Z� D::' L_ SCALE: DRAWN BY: ALLEE No.: " - 4-01 09 - q (r 17- 0W- V f-OMI-liy tfprrl-q?. PIN-DSP OWNER-NAME ADDRESS-1 ADDRESS-2 ADDRESS-3 CITY-NAME ST ZIPCODE CNTRY 3-15-37-35-0010-01540-0040 114 NORTH PARROTT LLC 5920 SENEGAL DR JUPITER FL 33458 0 3-15-37-35-0010-01530-0120 BROTHER IN LAW ENTERPRISES INC 221 NE PARK STREET OKEECHOBEE FL 349720000 0 3-15-37-35-0010-01530-0020 BROWN MICHAEL G & THERESA R P 0 BOX 120 OKEECHOBEE FL 349730120 0 3-15-37-35-0010-01200-0010 CHURCH OF GOD 301 NE 4TH AVE OKEECHOBEE FL 349720000 0 3-15-37-35-0010-01520-0040 COFIELD DEANNA PAIGE 477 SW 67TH DR OKEECHOBEE FL 34974 0 3-15-37-35-0010-01530-0110 CONLON DAVID M & ROSE M 100 SW 15TH ST OKEECHOBEE FL 349745256 0 3-15-37-35-0010-01430-0090 GRETCHEN ROBERTSON INVESTMENT 309 NE 2ND ST OKEECHOBEE FL 349720000 0 3-15-37-35-0010-01530-0010 HOOVER SUSANNE C P 0 BOX 78 OKEECHOBEE FL 34973 0 3-15-37-35-0010-01430-0010 HORNER WANDA 211 NE 4TH AVE OKEECHOBEE FL 349720000 0 3-15-37-35.0010-01410-0040 KIRCHMAN OIL COMPANY P 0 BOX 1625 BELLE GLADE FL 334306625 0 3-15-37-35-0010-01430-0110 KIRTON FRANCES W 2547 SW 9TH LN OKEECHOBEE FL 34974 0 3-15-37-35-0010-01530-0030 NEWMAN CHRISTOPHER W & GAIL M PO BOX 986 OKEECHOBEE FL 349730986 0 3-15-37-35-0010-01520-0070 OKEECHOBEE ACQUISITIONS INC C/O DAVID CONLON 100 SW 15TH STREET OKEECHOBEE FL 34974 0 3-15-37-35-0010-01430-0060 PENROD CONSTRUCTION COMPANY P 0 BOX 3166 OKEECHOBEE FL 349733166 0 3-15-37-35-0010-01530-0070 PMA OKEECHOBEE REALTY LLC 481 SW PORT ST LUCIE BLVD PORT ST LUCIE FL 349532000 0 3-15-37-35-0010-01520-0010 REGIONS BANK 250 RIVERCHASE PKWY STE 600 BIRMINGHAM AL 35244 0 3-15-37-35-0010-01220-0100 SENIORS ""R"" ABLE INC PO BOX 759 OKEECHOBEE FL 349730759 0 3-15-37-35-0010-01420-0050 SLOAN & RILEY HOLDINGS LLC 202 NE 3RD ST OKEECHOBEE FL 349722947 0 3-15-37-35-0010-01540-0010 SPIRIT CV OKEECHOBEE FL LLC % CVS #3237-01/OCC EXP DEPT 1 CVS DRIVE WOONSOCKET RI 28956146 0 3-15-37-35-0010-01420-0010 TENNISWOOD JAMES R & PATRICIA 1008 SE STH AVE OKEECHOBEE FL 349740000 0 3-15-37-35-0010-01430-0030 THERAPY CENTER OF OKEECHOBEE 1 637 SE 74TH AVE OKEECHOBEE FL 34974 0 3-15-37-35-0010-01410-0010 WALPOLE EDWIN E III TRUSTEE P O BOX 1177 OKEECHOBEE FL 349730000 0 3-15-37-35-0010-01410-0020 WALPOLE INC P 0 BOX 1177 OKEECHOBEE FL 349731177 0 3-15-37-35-0010-01410-0080 WILLIAMS HAYNES E & SUSAN 206 N PARROTT AVE OKEECHOBEE FL 349722931 0 3-15-37-35-0010-01410-0060 WILLIAMS HAYNES E REV TRUST & WILLIAMS SUSAN E REV TRUST 206 N PARROTT AVE OKEECHOBEE FL 349720000 0 3-15-37-35-0010-01210-0070 WOLFORD WANDA SUE TRUSTEE 1888 EAST RD JACKSONVILLE FL 322164514 0 3-15-37-35-0010-01430-0070 GRETCHEN ROBERTSON INVESTMENT 309 NE 2ND ST OKEECHOBEE FL 349722976 1 3-15-37-35-0010-01530-0100 NEWMAN CHRISTOPHER W & GAIL M PO BOX 986 OKEECHOBEE FL 349730986 1 3-15-37-35-0010-01410-0100 WALPOLE INC P O BOX 1177 OKEECHOBEE FL 349731177 1 � O 31537350010014100040 KIRCHMAN OIL COMPANY z w LU -Yw ga $wco J wD$ QQ�j J AiLReabYRwk0a V"mm"m I�eR• S ^ d as I t M I r 31537350010014100060 t j WILLIAMS HAYNES E REV TRUST & ' I _ S I r o JF a 31537350010014100100-- WALPOLEINC 31537350010014100080 WILLIAMS HAYNES E & SUSAN `F-* i� Vn", tll' 31537350010014200050 31537350010014200010 SLOAN & RILEY TENNISWOOD JAMES HOLDINGS LLC j R & PATRICIA � 0 s! 31537350010014200070 FAMILY HERITAGE HOLDINGS LLC' AL ;€ 100 FT ,. 31537350010015400040 $ c7 _ w t 114 NORTH M w Ix ' _rs PARROTT LLC 731537350010015300030 ¢ ¢ Z o x ti }Y 31537350010015200040 NEWMAN CHRISTOPHER o U w W & GAIL M o i w $ ai } COFIELD DEANNA PAIGE Q $ Q LU � moM M m r _ O C. $ x Z ca 0 ca ..: R7eOI 1 m .C3 31537350010015400010 e $ w SPIRITCV14W OKEECHOBEE FL LLC g qe{l O $ MO _ „. 31537350010015300070 r ao w w 31537350010015200070 t PMAOKEECHOBEE $ R $ Z p $ OKEECHOBEE ,,� ®` REALTY LLC Q x C7 o JO c = a ACQUISITIONS INC Vat U)Z^a QCC MmUj Z Ul m co {z i _ rl, _ i f 06 R Ads PI lw Okeechobee County Property Appraisers Office 2 ON ,..... 0 2 O� o O v_WW U $o i 31537350010014300030 a $ z a N W S THERAPY CENTER o O o O OF OKEECHOBEE I $ w Z in L) z O 2 M WIL M _LU lw Okeechobee County Property Appraisers Office 2 ON ,..... 0 2 O� WWF O v_WW U Ir N W S 8 W O z Z co 0W _LU ` w lw Okeechobee County Property Appraisers Office 114 North Parrott LLC Brother -in -Law Enterprises Inc. Michael & Theresa Brown 5920 Senegal Dr. 221 NE Park St. P 0 Box 120 Jupiter, FL 33458 Okeechobee, FL 34972 Okeechobee, FL 34973 Church of God Deanna Cofield David & Rose Conlon 301 NE 4th Ave 477 SW 67th Dr 100 SW 15th St Okeechobee, FL 34972 Okeechobee, FL 34974 Okeechobee, FL 34974 Gretchen Robertson Investment Susanne C. Hoover Wanda Horner 309 NE 2nd St P O Box 78 211 NE 4th Ave Okeechobee, FL 34972 Okeechobee, FL 34973 Okeechobee, FL 34972 Kirchman Oil Company Frances W. Kirton Christopher & Gail Newman P O Box 1625 2547 SW 9th Ln P O Box 986 Belle Glade, FL 33430 Okeechobee, FL 34974 Okeechobee, FL 34973 Okeechobee Acquisitions Inc Penrod Construction Co. PMA Okeechobee Realty LLC c/o David Conlon P O Box 3166 481 SW Port St Lucie Blvd 100 SW 15th St Okeechobee, FL 34973 Port St. Lucie, FL 34953 Okeechobee, FL 34974 Regions Bank Seniors "R" Able Inc. Sloan & Riley Holdings LLC 250 Riverchase Pkwy Ste 600 P O Box 759 202 NE 3`d St Birmingham, All 35244 Okeechobee, FL 34973 Okeechobee, FL 34972 Spirit CV Okeechobee FL LLC James & Patricia Tenniswood Therapy Center of Okeechobee %CVS #3237-01/OCC Exp Dept 1008 SE 8th Ave 637 SE 74th Ave 1 CVS Drive Okeechobee, FL 34974 Okeechobee, FL 34974 Woonsocket, RI 28956 Edwin E Walpole III Trustee Walpole Inc Wanda Sue Wolford Trustee P O Box 1177 P O Box 1177 1888 East Rd Okeechobee, FL 34973 Okeechobee, FL 34973 Jacksonville, FL 32216 Haynes & Susan Williams Haynes E Williams Rev Trust & 206 N Parrott Ave Susan E Williams Rev Trust Okeechobee, FL 34972 206 N Parrott Ave Okeechobee, FL 34972 City of Okeechobee 55 SE Third Avenue Tele: 863-763-3372 Ext. 218 Okeechobee, FL Dear Property Owner: Fax: 863-763-1686 February 1, 2017 The Board of Adjustment will be considering Variance Petition No. 17-002-V to reduce the FRONT setback from 40 to 35 ft and the REAR actual property line setback from 50 to 12.3 ft within a CHV Zoning District, Supplemental Use Regulations for a private club, nightclub & bar requirements; Ref. Code Book Sec. 90-698. Additionally, reducing the WEST -SIDE setback from 30 to 20 ft, Yards on corner lots Ref Code Book Sec. 90-447. Property consists of 1.033± acres, located at 205 NE 2nd 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, February 16, 2017, 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(ocityofokeechobee.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 Dear Property Owner: Fax: 863-763-1686 February 1, 2017 The Board of Adjustment will be considering Variance Petition No. 17-002-V to reduce the FRONT setback from 40 to 35 ft and the REAR actual property line setback from 50 to 12.3 ft within a CHV Zoning District, Supplemental Use Regulations for a private club, nightclub & bar requirements; Ref. Code Book Sec. 90-698. Additionally, reducing the WEST -SIDE setback from 30 to 20 ft, Yards on corner lots Ref Code Book Sec. 90-447. Property consists of 1.033± acres, located at 205 NE 2nd 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, February 16, 2017, 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 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 OKEECHOBEE, FL 34974 Tele: 863-763-3372 Fax: 863-763-1686 CERTIFICATION FOR POSTING NOTICE OF PUBLIC HEARING FOR REZONING/SPECIAL EXCEPTIONNARIANCE PETITIONS) 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): j -7— V Date of 1St Public Hearing: hebI UorV I iii k17 Address of subject property (or Legal if no address): N C �d tJ+ 1 e Cko bee (ala ow t, 5, R e.5 I, I n� C IR(D bff+soil , hereby certify that I posted the "Notice of Public Hearing sign in accordance with the above instructions on re nUa n j 1 I0, Lqo17 , and will remove sign on FEhW12i IT doll I Signature: Date: 2- �— /7 STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was ac�`or wledged before me this S u 0 f - by who is personally known to me produced c15WtQitU (signature) SEAL: Print, a or stamp name of Notary norlvlt,cl fio6er4-so•1 as identification. a Notary Public State of Florida Patty M BumetteMy Commission GO 008157 Expires 10/0212020 NuTIi.E uF PUtiLlt� Ht:AKINo VARIANCE PETITION N0. 17-002-V DATE: FEBRUARY 16, 201716 PM, AT CITY HALL PURPOSE: REDUCE FRONT, REAR, AND WEST -SIDE SETBACKS APPLICANT: MR. THOMAS CONWAY, SR., FAMILY HERITAGE HOLDINGS, LLC PROPERTY OWNER: FAMILY HERITAGE HOLDINGS, LLC FURTHER INFORMATION CONTACT: General Services Dept, 863-763-3372, Ext 218 55 SE 3rdAve, Okeechobee, FIL 34974 Patty Burnette From: Michael Brown <pastormike72@yahoo.com> Sent: Monday, February 13, 2017 3:49 PM To: Patty Burnette Subject: Variance Pettition No. 17-002-V Dear Patty, It was nice talking with you by phone. I will not be attending the meeting this Thursday evening, so, as per our conversation, I am sending this email for the Boards consideration. I received the property owner notice about the meeting set for February 16, 2017 at 6:00 pm. am the property owner at 208 N.E. 2nd Street, Okeechobee, next to 2nd Street Pizza and directly across the street from the "Old Bass" Funeral Home. Several years ago, when the Newman's built the building next door to my property, there was a some concern about how many legal parking spaces would be needed for their business. At that time I was given 3 parking spaces in front of my residence, marked by yellow paint, with "Residential Parking Only" stenciled in black on each space, as well as a sign, "Violators Will Be Towed." The sign is still there but when the public works repainted the yellow, they never returned to re -stencil the "Residential Parking Only" in black. People still parked there when you could read it, accidentally, or not. `D have never called for anyone to be towed, but presently, there are many nights that I have no place to park in front of my residence. As I read the notice considering the variance petition, I have no problem with setbacks, however, as you can guess,l would be concerned if a business is going to need more parking than is on sight. Also, I would have some concern with a nightclub or bar coming in across the street as we have grandchildren and my neighbor has children. If you would need to speak to me by phone, my cell is (863) 610-0861 Thank you for your consideration in this matter. Sincerely, Mike Brown Founder / Pastor MBMI The Gathering of Okeechobee (863) 357-4418 si,(II -I q Petition No. 17 OOa-1/ Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners I hereby certify Linder 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 subjectto 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 Countyas .1' December 30 2016 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 day of Signature of Applicant Name of Applicant (printed or typed) State of Florida County of Okeechobee Date Sworn to and subscribed before me this —�v day of ua„Personally known to me V produced did not take an oath, Notary Public, State of Flo as idertification and O'� Notary public State of Florida State e Carnmission FF 961139 V Karen Vamadoe My Cw WY My _; iar" 00 ""d; Exioirft 0312012020 (Rev 09/14) Page 3 of I I D_SearchResults Okeechobee County Property Appraiser updated: 12/22/2016 Parcel: 3-15-37-35-0010-01420-0070 << Next Lower Parcel Next Higher Parcel » Owner & Property Info Owner's NE 3, KC ";T Name FAMILY HERITAGE HOLDINGS LLC Site Address 205 NE 2ND ST, OKEECHOBEE Mailing 1101 S US HIGHWAY 1 Address FORT PIERCE, FL 34950 Description CITY OF OKEECHOBEE LOTS 7 TO 12 INC BLOCK 142 NOTE: This description is not to be used as the Legal Description for this parcel in any legal transaction. Taxable Value cnt: (2) 15 - Land Area 1.033 ACRES S/T/R 37- Appraised $383,486.00 35 Neighborhood 518658.00 Tax 5050 N E-2 Nr T DOR Use MORTUARY/C Market Code (007600) Area 510 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 NE 3, KC ";T Class Value Value cnt: (1) $80,100.00 Ag Land 61 Exempt Value cnt: (0) $0.00 Building Taxable Value cnt: (2) $258,497.00 XFOB Value cnt: (12) $44,889.00 Total Appraised $383,486.00 Value � Pagel of 3 2016 Certified Values Parcel List Generator Retrieve Tax Record Property Card 2016 TRIM (pd0 Inte a r ctive GIS Map Print Search Result: 1 of 1 GIS Aerial 2016 Certified Values Just Value NE 3, KC ";T Class Value ' 6 Value 61 Exempt Value $o.00 Total Taxable $383,486.00 Value z 'n � i N E-2 Nr T Ab o 114 a: air 412 Ira +t 2016 Certified Values Just Value $383,486.00 Class Value $0.00 Assessed Value $383,486.00 Exempt Value $o.00 Total Taxable $383,486.00 Value Sales History Show Similar Sales within 1/2 mile Fill out Sales Questionnaire Sale Date Book/Page Sale Price http://www.okeechobeepa.com/GIS/D_SearchResults.asp 1/3/2017 D_SearchResults Page 2 of 3 Building Characteristic` Bldg Sketch Bldg Item Inst. Type Sale Vlmp Sale I Qual Sale RCode (Code List) Bldg Value 11/20/2003 517/1547 WD I Q 5915 $392,000.00 11/20/2003 517/1545 WD I U 03 $0.00 6/29/2001 458/412 WD I U 03 $0.00 6/28/2001 457/1818 WD I Q $465,000.00 1/1/1976 179/729 1983 I Q 0 x 0 x 0 $195,000.00 Building Characteristic` Bldg Sketch Bldg Item Bldg Desc Year Bit Base S.F. Total S.F. Bldg Value Show Sketch 1 MORTUARY (006800) 1970 5477 5915 $217,191.00 Show Sketch 2 WH BLDG (008400) 1 1990 1 2000 2000 $41,306.00 Extra Features & Out Buildings - ( Show Codes) Land Breakdown Code Desc Year Adjustments Rae Lnd Value Condition (% Code Desc 1.00/1.00/1.00/1.00 Value Units Dims (MKT) (0000001.033AC) Bit Good) ASPH 2 COWL LB 1984 $13,697.00 0016114.000 0 x 0 x 0 PD (050.00) WAL3 C 4'CBS 2SID 1983 $2,303.00 0000263.000 0 x 0 x 0 PD (050.00) OFA OPN FLR MT 1984 $8,928.00 0001488.000 62 x024 x PD (075.00) OFA OPN FLR MT 1994 $252.00 0000042.000 6 x 7 x 0 PD (075.00) OFA OPN FLR MT 1994 $1,740.00 0000290.000 29 x010 x PD (075.00) Land Breakdown Code Desc Units Adjustments Rae Lnd Value 067NP9 NO SIDE ST 0000300.000 FF - 1.00/1.00/1.00/1.00 $267.00 $80,100.00 (MKT) (0000001.033AC) Okeechobee County Property Appraiser Search Result: 1 of 1 updated: 12/22/2016 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. http://www.okeechobeepa.com/GI S/D_SearchResults.asp 1/3/2017 Detail by Entity Name 44D1V.010Pl of jk- '04WOrgI / Search Records / Detail By Document Number / Detail by Entity Name Florida Limited Liability Company FA L Filing Information Document Number L03000028377 FEI/EIN Number 26-0634570 Date Filed 08/01/2003 Effective Date 07/31/2003 State FL Status ACTIVE Last Event REINSTATEMENT Event Date Filed 09/30/2010 Principal Address 1101 S. US Hwy. 1 Fort Pierce, FL 34950 Changed: 04/30/2015 Mailing Address 1101 S. US Highway 1 Ft. Pierce, FL 34950 Changed: 04/28/2014 Registered Agent Name & Addressr Conway, Thomas, Sr. 1101 S. US Hwy. 1 Fort Pierce, FL 34950 Name Changed: 04/30/2015 Address Changed: 04/30/2015 Authorized Person(s) Detail Name & Address Title MGR FAMILY HERITAGE FUNERAL SERVICES, LLC 1101 S. US Highway 1 Ft. Pierce, FL 34950 Pagel of 2 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inq... 1/15/2017 Detail by Entity Name Annual Reports Report Year Filed Date 2014 04/28/2014 2015 04/30/2015 2016 04/14/2016 Document Images Page 2 of 2 1 NNUi+ kcr-'vii -I i L - u,2015 -- ANNUAL REPORT I in P 1 28/2014 -- ANNUAL REPORT - '41 ni; ?NP!UAi. "PI -PT mat Mat 2011 -- ANNUAL REPORT n; 09/30/2010 -- REINSTATEMENT 04/14/2009 --ANNUAL REPT, mat 04/17/2008 -- ANNUAL REPORT 04/04/2007 ANN, nP 04/04/2006 -- ANNUAL i' nage in PDF format 04/13/2005 -- ANNUAL REPORT mage in PDF formal 04/20/2004 -- ANNUAL REPO _ in PDF format 08/01/2003 -- Florida Limited ew image in PDF format Florida Department of State, Division of Corporations http://search. sunbiz. org/Inquiry/CorporationSearch/SearchResultDetail?inq... 1/15/2017 CITY OF OKEECHOBEE, FLORIDA N° 4-4107 55 S.E. 3rd Avenue, Okeechobee, FL 34974 (863) 763.3372 -3 20 J`1 RECEIVED from f (zm; Ig ger- rla- j e> d Old i -n � �� :F1V-R, re CL 4e uc�S trod °C'I;co Dollars Dari a�c� c4 pp k C'a-i6q too $ 5v0. eo C K -d- 5 3 /& CLERK 41 DI , M, F, mm 61 8& a. � f uu 0� -- Patty Burnette From: Sent: To: Subject: Paperwork. Tom Conway is the owner. Steven L. Dobbs, P. E. 863-634-0194 Sent from my iPhone Steven L. Dobbs <sdobbs@stevedobbsengineering.com> Sunday, January 15, 2017 5:40 PM Patty Burnette Re: Questions on Variance application for Elks Club On Jan 15, 2017, at 1:57 PM, Patty Burnette <pburnette@citvofokeechobee.com> wrote: Hi Steve. Was reviewing the application and I have a couple of questions: Number 15 on the application asked whether there have been any prior rezoning, special exception, variance, or site plan approvals on the property. You answered yes. Does the applicant know when and which ones? Number 18 on the application says applicant's statement of interest in the property????? Thank you, Patty <image003.png> Pay fy M. f3w vailt, GeneraCServices Coordinator City of Okeechobee ss Southeast 3rd Avenue Okeechobee, FL 34974 T'eC- 863-763-3372 ext. 218 Fax: 863-763-1686 e-maiC--Vburnette@citygEokeechobee.com website: www.cityofokeechobee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. I ZONING \ w: iL4 O UL § 90-450 -Fi om yard �uU44, ARTICLE IV. SUPPLEMENTARY requirements to relation to a building or use shall DISTRICT REGULATIONS be counted as part of the required open space in relation to another lot or building. DIVISION 1. GENERALLY (LDR 1998, § 605) Sec. 90-441. Application of article provisions The supplementary regulations of this article shall apply to permitted and special exception uses in all zoning districts, unless otherwise noted. (LDR 1998, § 600) Sec. 90-412. Conflict of article with other applicable regulations. Where conflicts exist between regulations, the more stringent regulation, standard or require- ment shall apply. (LDR :1998, § 601) Sec. 90-443. Calculation of building cover- age. In determining the percentage of building cov- erage of a lot, principal buildings, roofed porches, garages, carports, swimming pool, solid decks, and other accessory buildings shall be included. Vehicular driveways and pedestrian paths are not included in the coverage. (LDR 1998, § 602) Sec. 90-444. Measurement between uses. When minimum distances are required to be maintained between uses, the distance shall be measured by a straight line between nearest lot property lines. (LDR .1998, § 603) Sec. 90-445. Minimum street :frontage. Single-family residential lots shall have at .least 40 feet frontage on a street, unless otherwise approved under the planned unit development district regulations. (LDR 1998, § 604) Sec. 904:16. Required area or yards. No space necessary under the regulations of this article to satisfy area, yard or other space Mrd lots. J Any yard adjoining a street shall be considered a front yard. One front is required to comply with the minimum depth requirements of the regula- tions of this article, the second front yard shall be not less than 75 percent of the required minimum (L"Rt8, § 606) Sec. 90-448. Obstructions in required yard. A required yard shall be open from ground to sky unobstructed, except for the following: (1) Ground structures, not exceeding two feet high above the adjacent grade level. (2) Building overhang, eaves, cornice, gutter, sill, screen, chimney, fire escape, not ex- ceeding two feet projecting into the re- quired yard. (3) Play equipment, mailbox, lighting fixture, entry gate, boundary wall and :fence. (4) Landscape features including fountain, steps, seating, and horticultural growth. (LDR 1998, § 607) Sec. 90-449. Yards required for accessory uses in residential districts. Residential accessory uses shall comply with the following minimum yard requirements: (1) Front, side and rear yards: as required for principal structure. (2) Uses housing persons, such as a guest- house, shall not encroach into any re- quired yard. (LDR .1998, § 608) See. 90-450. More than one Errilicipal build- ing on a lot. More than one principal structure may be erected on a lot, provided that surveyed legal descriptions shall be used, and area, yard and all Supp. No. 12 CD90:36.5 J2017 Y f4k Okeechobee, FL Code of Ordinances Sec. 90-698. - Private club, nightclub and bar requirements. Private club, nightclub and bar requirements are as follows: (1) Location No building shall be located closer than 75 feet to property line abutting a single-family residential lot. (2) Minimum lot area Area 20,000 square feet. Width 100 feet. 4rV (3) Minimum yards Front I Wt 40 feet. Side ao� I 25 feet; 50 feet abutting residential zoning district. Rear Q' 25 feet; 50 feet abutting residential zoning district. (4) Maximum lot coverage 25 percent. (5) Maximum height 35 feet. (LDR 1998, § 707) https://www.municode.com/library/fl/okeechobeetcodes/code_of ordinances?nodeld=PTIICOOR_CH90ZO ARTIVSUDIRE_DIV9SPEXSUUSRE_S90-698PR... 1/1 1/26/2017 f, Okeechobee, FL Code of Ordinances Sec. 90-285. - Lot and structure requirements.lilif(Q�1� CD P(aP�Af� -0 0�3 00 q -S 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- J— W��+. � VC Si►.40 - -D I U 1 q 4efr Q CteW!2 . https://www.municode.com/library/fl/okeechobee/codes/code_of_ordinances?nodeld=PTIICOOR_CH9OZ0 ARTIIIDIDIRE_DIV8HECOCHDI 1/2 N6 6PI00 CarOUb610 (1) Minimum lot area. 6f fir7f..t3 All uses: Area 6,250 sq Width 50 feet (2) Minimum yard requirements. Fit where a greater distance is required by these regulations for a rticular use, the minimum yard setbacks shall be as follows: uses: _ _ ron 20 feet to buildings; ten feet to parking Cou S and driveway IINLA Eight feet; 20 feet �D, abutting residential zoning district .Rear Ten feet; 20 feet (mor,* s� u) abutting a residential zoning district 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. https://www.municode.com/library/fl/okeechobee/codes/code_of_ordinances?nodeld=PTIICOOR_CH9OZ0 ARTIIIDIDIRE_DIV8HECOCHDI 1/2 1/26/2017 Okeechobee, FL Code of Ordinances (LDR 1998, § 384) https:l www.municode.com/librarytfl/okeechobeelcodes/Code_of ordinances?nodeld=PTIICOOR_CH90Z0_ARTIIIDIDIRE_DIV8HECOCHDI 212 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) https:l www.municode.com/librarytfl/okeechobeelcodes/Code_of ordinances?nodeld=PTIICOOR_CH90Z0_ARTIIIDIDIRE_DIV8HECOCHDI 212 FEBRUARY 16, 2017 — PLANNING BOARD - PAGE 4 OF 8 ACTION - DISCUSSION - VOTE VI. PUBLIC HEARING CONTINUED. B.1. Review TRC Recommendation for Abandonment of Right -of -Way Petition Other properties bordering the proposed abandonment gain access by Northwest 7th Court, Th Street, or 10th Avenue. No. 17 -001 -SC continued. The public benefits associated with the abandonment are, the existing right-of-way is currently unused and has no immediate or future use. It will be a benefit to the City to remove the existing right-of-way which will reduce the land the City is required to maintain and the property will be subject to ad valorem taxation. A utility easement is necessary for the OLIA for existing infrastructure with 24-hour, seven days a week access. 2. Hear from the Property Owner or designee/agent — Jeremy LaRue, Chairperson Hoover asked whether the property owner or designee/agent wished to speak. There was no one present. 3. Public comments or questions from those in attendance, or submitted to Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were the Board Secretary. none. The petition was advertised in the local newspaper, a sign was posted on the subject property and courtesy notices were mailed to 10 surrounding property owners. 4. Disclosure of Ex -Parte Communications by the Board. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone else regarding the petition or visited the site. There were none. 5. a) Consideration of a recommendation to the City Council to approve or Motion and second offered by Members Baughman and McCoy to recommend approval to the City Council for deny the petition. Abandonment of Right -of -Way Petition No. 17 -001 -SC, to vacate a 200 -foot by 60 -foot portion of Northwest 10th Avenue between Northwest Th Court and 8th Street, lying East of Block 13, NORTHWEST ADDITION, Plat Book 1, Page 25, Public Records, Okeechobee County with the following special conditions: City and OLIA easements granted. b) Board discussion. Chairperson Hoover asked whether there was any further discussion. There was none. c) Vote on motion. VOTE HOOVER - YEA MCCOY - YEA BATTON — YEA BAUGHMAN - YEA BRASS - YEA JONASSAINT — YEA MCCREARY — YEA KEEFE — ABSENT O'BRIEN — N/A MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively April 4, 2017, 6:00 P.M. QUASI-JUDICIAL ITEM C. TMWM4W@6P*&4JoQ02WWduce FRONT setback from 40 to 35 ft; Variance Petition No. 17-002-V, to reduce FRONT setback from 40 to 35 feet; REAR setback from 50 to 12.3 feet REAR setback from 50 to 12.3 ft and 16.6 ft (from property line); and and 16.6 feet (from property line); and WEST -SIDE setback from 30 to 20 feet; in a Heavy Commercial (CHV) WEST -SIDE setback from 30 to 20 feet; in a CHV Zoning District, located Zoning District, located at 205 Northeast 2nd Street, Lots 7 through 12 of Block 142, CITY OF OKEECHOBEE. at 205 NE 2nd Street, Lots 7 through 12 of Block 142, CITY OF OKEECHOBEE (Exhibit 3). FEBRUARY 16, 2017 - PLANNING BOARD - PAGE 5 OF 8 AGENDA ACTION - DISCUSSION - VOTE VI. PUBLIC HEARING QUASI-JUDICIAL ITEM CONTINUED. C. 1. Administer of Oath (anyone intending to offer testimony on Petition No. This being a quasi-judicial proceeding, Notary Public Patty Burnette administered an oath to those intending to offer 17-002-V will be required to take an oath, respond, and give your full name testimony; all responded affirmatively and stated their names and addresses for the record: Bill Brisson, Senior and address) — Board Secretary. Planner, LaRue Planning and Management, 1375 Jackson Street, Suite 206, Fort Myers, Florida; Mr. Steve Dobbs, P.E. with SLD Engineering, 1062 Jakes Way, Okeechobee Florida; Ms. Michelle Harper, 1225 Northeast 42nd Terrance, Okeechobee, Florida; and Mr. Thomas Elmore, 1855 Northwest Frontier Drive, Lake City, Florida. 2. Review Planning Staff Report — recommending denial. Before Chairperson Hoover yielded the floor to Planner Brisson, Member Batton disclosed for the record due to a conflict that would inure to the special gain or loss of Platinum Performance Group, Inc., whom he is retained, he would abstain from discussion and voting on this item. Mr. Batton is currently working with the potential buyer, the Elks Club, to remodel the building located at this property. Planner Brisson then reviewed the Staff Report explaining the applicant is requesting Variances to retain the current setbacks on the property. He first explained the table he provided within the report of the required setbacks for a private club, the current setbacks of the subject property and the size of the Variances requested. Yard Description Setbacks Required Current variance from Required for Private Club Setbacks I Minimum Yard Setbacks North (Rear w/Garage) 25' 16.6' 8.4' North (Rear w/covered concrete parking) abutting 35 12.3' , residential zoning district) (50' less 15' alley)' South (Primary front) 40 35' East (Secondary front @ 75% of primary front) 30' 106' No Variance West (Secondary front @ 75% of primary front) 30' 20' 10' 'Sec. 90-285, Lot and Structure requirements for the CHV District Subsection (2)b. states: "The width of an adjacent street or alley may be applied to the increased setback required when abutting a residential district. There is currently a contract for purchase for the property by the Elks Club. While a private club is a permitted use in the CHV Zoning District, there are supplemental use regulations that apply to a private club. Variances are needed since the current setbacks are not the required setbacks for private clubs. In order to grant a Variance, applicants must meet the required standards and findings listed in the City's LDR's. Planning Staff is recommending denial based on the findings within the Planning Staff Report. Member Baughman asked Mr. Brisson to explain his recommendation for denial of the requested Variances. Mr. Brisson responded, granting a Variance for a use that does not meet any of the standards set out in the LDR's, creates a problem with the City's Variance procedure. This will set a precedent. A l VI. PUBLIC HEARING QUASI-JUDICIAL ITEM CONTINUED. C. 3. Hear from the Property Owner or designee/agent — Thomas Conway, Sr., Registered Agent, Family Heritage Holdings, LLC/Steven L. Dobbs as Agent. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications by the Board. FEBRUARY 16, 2017 — PLANNING BOARD - PAGE 6 OF 8 Mr. Steven Dobbs, P.E. with SLD Engineering, was present on behalf of the Applicant and available for questions from the Board. He clarified the applicant, Family Heritage Holdings, LLC, is the owner and is trying to sell the building, not the Elks Club. He added the Elks Club is not a social club; they perform charitable work. He asked the Board to request the Planner to review the section of the City's Code to see whether a change or update was needed. Chairperson Hoover asked whether there were any comments or questions from those in attendance. Mr. Thomas Elmore of Lake City, Florida, spoke saying he would be a member of the Benevolent and Protective Order of Elks for 54 years this year and added the Elks was not a club but a Lodge that performs charitable work for children, Veterans, and those less fortunate than ourselves. The Florida State Elks Association has 99 Lodges in the State of Florida, a youth camp that serves 24,000 children a year, and 26 physical therapy bands that serve every area in the State of Florida. The Elks are having a difficult time trying to locate a building with enough parking to perform the charitable work that needs to be done. Ms. Michelle Harper spoke about being a second generation Elk and shared what their organization has done in the community with the Florida Elks Camp hosting the Flag ceremony and other public events that they participate in. She spoke about many possible events they could host and the work that could be done if they could obtain this building. Examples given were providing meals for Veterans and having a hall for rent to the public since Okeechobee did not have many of these available. Secretary Burnette noted for the record the Petition was advertised in the local newspaper, two signs were posted on the subject property, and courtesy notices were mailed to 26 surrounding property owners. Two phone calls were received from surrounding property owners. One from Mrs. Susan Williams with a concern regarding her vacant property: Lot 8, less North 20 feet, and Lot 9 of Block 141, CITY OF OKEECHOBEE, which is located directly South of her Real Estate business at 208 North Parrott Avenue. She was concerned with individuals using the vacant property and blocking the path of the Walpole trucks, who have permission to use the property. Mr. Michael Brown who resides at 208 Northeast 2nd Street, Lot 2 of Block 153, CITY OF OKEECHOBEE, which is directly across the street from the subject property, was concerned with a club/bar/nightclub coming in across the street from his residence as he has grandchildren and his neighbor has children. In addition, he has concerns with parking. Several years ago when the building to the West of his property, owned by Christopher and Gail Newman, Lots 3 through 6 of Block 153, CITY OF OKEECHOBEE, and addressed as 202 Northeast 2nd Street, was built, there was a concern with parking as well. There was to be residential only parking spaces in front of his residence, but over the years people have disregarded the signs and parked there. Many times he has to park elsewhere and then walk, which often is late in the evening with his work schedule. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone else regarding the Petition or visited the site. Member McCoy disclosed he had spoken to Mr. Dupre and Mr. Wise regarding septic issues. FEBRUARY 16. 2017 - PLANNING BOARD - PAGE 7 OF 8 VI. PUBLIC HEARING QUASI-JUDICIAL ITEM CONTINUED. C. 6. a) Consideration of a recommendation to the City Council to approve or Planning Staffs recommendation for denial is based on two sets of criteria. One being the site's consistency with the deny Petition No. 17-002-V. I 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: there are no unique physical conditions of the site. It is essentially a rectangular one -acre parcel containing a permitted use developed in conformance with the development standards of the CHV District. The use the Applicant wishes to place on the property is unique. While a private club is a permitted use in the CHV Zoning District, it is subject to supplemental use regulations. The property meets the location and minimum lot area requirements of the CHV Zoning District, although the existing building was constructed to the standard setback applicable to the vast majority of uses allowable in this district. The fact that the existing structures do not meet the requirements applicable to a special use does not constitute a hardship. Rather, it clearly suggests that the building is not suited to the use the Applicant wishes to place in the existing building. Building a new building for the private club could easily be accommodated on the site. Being the Applicant does not wish to absorb the cost of demolition and reconstruction may be a severe impediment, but it is not a hardship. The Applicant has not stated why the minimum variances are needed. They believe the minimum setbacks are those at which the buildings were originally built. Planning Staff's responses to the Applicant's presentation on the required findings are: there are no special conditions and circumstances that are peculiar to the land or structure involved; the setbacks applicable to the existing structure are applicable to every other use allowable in the CHV District, except those special uses that are required to have greater setbacks because of the supplemental use regulations. Of the 15 permitted uses in the CHV District, only "private club, nightclub" is required to have an increased minimum setback. It is not the land or existing structure which exhibits special conditions or circumstances, but the use the Applicant wishes to place on the property, a private club, which is unique and requires increased setbacks. While the property meets the location and minimum lot area requirements of this section, the existing building was constructed to the standard setbacks applicable to all but a few uses allowable in the CHV District. The special conditions and circumstances do result from actions of the Applicant as they are placing themselves in the position of requiring a Variance because they have chosen a property that is developed in a manner that does not meet the requirements applicable to the use intended. Interpretation and enforcement of the LDR's would not deprive the Applicant of rights enjoyed by other properties in the same zoning district. Again it may be a severe impediment to the Applicant to modify or demolish and reconstruct the existing building to the minimum setbacks required but it does not quality as a hardship. The applicant considers the minimum setbacks necessary for reasonable use of the structures those at which the buildings were originally built. These setbacks are suitable for almost every other use allowable in the CHV District. Even though the land and structures, as currently configured, may not be suitable for one specific use desired by a potential buyer, does not eliminate all reasonable uses of the property. In order to consider granting a Variance, all requests are required to be reviewed on a site-specific basis. This does not mean, however, that should an owner or prospective purchaser of a property not be able to specifically achieve what he or she desires that the granting of a Variance is warranted. The Board must find that each of the six findings has been met. Approval of these requested FEBRUARY 16. 2017 — PLANNING BOARD - PAGE 8 OF 8 I A i v ACTION - DISCUS ION • VOTE VI. PUBLIC HEARING QUASI-JUDICIAL ITEM CONTINUED. C. 6. a) Consideration of a recommendation to the City Council to approve or Variances will set a precedent. The requested Variances are not compatible with the intent and purpose of the deny Petition No. 17-002-V continued. LDR's because the proposed use, a private club, has been determined to be of a character that requires greater setbacks than the standard setbacks applicable to most other uses allowable in the CHV District. The Applicant's intent that all functions will be conducted inside the building does not overcome the need for the use to be adequately setback from adjoining roadways or adjacent properties. Motion and a second offered by Members Brass and Jonassaint to recommend denial for Variance Petition No. 17-002-V, reduce FRONT setback from 40 to 35 feet; REAR setback from 50 to 12.3 feet and 16.6 feet (from property line); and WEST -SIDE setback from 30 to 20 feet; in a CHV Zoning District, located at 205 Northeast 2nd Street Lots 7 through 12 of Block 142, CITY OF OKEECHOBEE because by definition, criteria has not been met. b) Board discussion. Chairperson Hoover asked whether there was any further discussion. There was discussion amongst the Board and the Planner on whether the Applicant could request a zoning change to another zoning district for example Central Business District. (CBD) This zoning district does not have setbacks so then maybe this location would work for this particular use. A private club is a permitted use in the CBD Zoning District although the supplemental use regulations still apply. There was no further discussion. c) Vote on motion. VOTE HOOVER - YEA MCCOY - YEA BATTON— ABSTAINED BAUGHMAN - YEA BRASS - YEA JONASSAINT — YEA MCCREARY — YEA KEEFE — ABSENT O'BRIEN — N/A MOTION CARRIED. CLOSE PUBLIC HEARING — Chairperson. CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 7:25 P.M. VII. ADJOURNMENT — Chairperson. There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 7:25 p.m. 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. Dawn T. Hoover, Chairperson ATTEST: Patty M. Bumette, Secretary NEW BUSINESS. A. Consider Petition 03 -006 -SE: Southern Plantation of Okeechobee, Inc is the property owner and applicant. Faye Haverlock is the representative. The purpose for the request of a special exception is to allow for an assisted living facility within a Residential Single Family (RSF) zoning district. The property is located at 309 S.W. 15`h Street - Exhibit 1. Consider Petition 03 -007 -SE: Robert and Betty Braun are the property owners and applicants, Vikki Aaron is the representative. The purpose for the request of a special exception is to allow for a crematoriu vCommercial (CHV) zoning district. The property is located aExhibit 2. December 16, 2003 - Board of ACTION - DISCUSSION - VOTE 2 of 5 Faye Haverlock, the applicant, submitted a letter to the Board requesting that the petition be tabled , to the January 27, 2004 meeting. This item was tabled at the October 28, 2003 meeting per thr request of the Board. It was then tabled at the November 20, 2003 meeting per the request of the applicant. It will be discussed at the January 27, 2003 meeting. There was no discussion on this item at this time. Attorney Cook advised the applicant was informed that this is the last time that the Petition could be tabled without re -applying. Robert and Betty Braun, property owners, plan to operate a funeral and crematorium. The purpose for the Special Exception request is to have a crematorium in a Heavy Commercial zoning district. _ Jim LaRue, City Planning Consultant, addressed the Board by reviewing the Staff Report. Staff is recommending approval and that the crematorium abide by all applicable state agency' requirements and no outside activities. There was no discussion from the Board, and no public comments. der L, erd motioned to a lcove the ally aerematarium4 Commercial (CHV) iorung custrict,75mmed by Boam Member Hoover. , 7 VOTE HOOVER - YEA KELLER-YEA LEDFERD-YEA MCCOY-YEA WALKER - YEA 1 A �0-,)P-lO L-�? moi -_•I bN Mu :16 NNYtlO 3N t� s�•�N �31� NO O3W3 ABAHns AdvaNnos aPAJ3%WS MV= I M JON NOMa3o1u AY [dp10] 'L WA 'WAWN 'Q'AM'N NDdll 03iY6 3W IDlDI NMO,I iIOIlYA3V S AlY3d011d 10 NDLLYDs Wu LDOILLIR Lal I IfY ANI ND 19322 TNL915 38CMI '1aLLYTTPNU 77103 PGl�DiO i of J011 A3Vfi Wl S )N ND �CYY 7W �1o31[3N�1�016 iLK/I3B �f Ao 03o30Nd SM NMON NOLL®aD0 ONY1 T 'd*IBW W WGFG 17 'AMR-3D-GLHM MW 03LW LLOY JON Sia W31p1 MIAs Lo,YI : Q3S509V W 1LLIA arwx LSTM, s •1 :sem ox A3 Aans g'T+4aiCJ�'7bj0 �0 5�}Pa��L N! �o3a3r'U ai{yo1 x7WI,u 3aSloFz�o4o}.11� VI 1'01 'xorLcMtosaa ztlD e,Fiio) 89GL-8L8(ZLL) s66+c u '1MYrus I BUTS LNOMIYJ DSLZ MMM'I HOA3AWW ssvaad 'M CMW p�j 1 j•f7 iN I a7oti 'ra'71M J�'Ii`�A,Z 1 - < k WLVA7o IMPdLL-qI WS•d LSYd36 •M ¢3111 GZKi WUyvLs3m VoQlaru NIAL31 OW- Y MOW Y1TO- O Avi-o-ira�il �e IL3&" OW SDA3M t IVION93MM / —AM O NiAd" ow NYHL N31LL0 LLNNOOV0UJN3 UNfDID 3SM ON 3W In43V.E lvMa5423oMr Pse 31MVIS Y0U LLOTU WM= O< LNYfund 3W3K 1Y1LL OW S 06 MXVA313 a� 3� SWAI%M ONYI 3D MiVW V=3'W 31U a FU-OLO N31dYW M 111lR! 135 LOWDI/YLS IiJflid3l W MI 34L HLM S3fWW JE- o ON IOM Lu- J-MWM 531L JYHL AW= WKWW I Vau 3HL M a3/31NB n mN �y • JlDYYOP, ]Lada) uen!- ■ i3rGO OW 3NQ3a,OM01 An JO 1536 31L OL 133 M DNI 3MU LI OW !ON3031 NDLLWbMM MM3M 63d Si dvn AYAM SELL 1YHt "UM A8361 I 3Ztl�I3I.L2i3� 6,$CL(3AiIl16 .r��•�e....� y,yltd•s•ns TSI /21,0 L .P�„��Q TPI 1, 00 00 Q(cs X15, 4r2� . GI:J . 1 P ,00y PO • •9NIl ti•a 8 S V AQ`Y•1 � Asa - � i Z►'!�'1E —I:1'aT I il'YATi �•j• 1b•I•�f�1� � AIL Sol Z p L i . v 8 J 3G9 ,L•b P ,00y 1 AQ14 a �•o; ; J; u 1�yHds a•4q vANIQ71(IQ e 3N,t 8_ 1IO1 � T.j.� - P o •1 ti wt .7/307 -� •. (d7,av'c5 Cd7,00•a .ot �',co•v3 d�,W •aS Cif7.a •it - ��Hi ,oc i c a „ao,ov,ob�yl 1375 Jackjtreet, Suite 206 Fort Myers, . (orida 33901-2845 • Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planningpatt.net T� r, -•• •- , �:•i• :-• Preparedfor.- The City of Okeechobez, 'I/ = SII' i Begy Swanne Bram Petition No.: 03 -007 -SE Staff Refort Applicant's Name :Robert �. '& Betty Suzanne Braun Special Pception Request PeWon No. 03.007-SE I loll Owner: Robert D. & Betty Suzanne Braun Contact Person Vikki Aaron, Agent Owner Address: 96 Champion Boulevard Rogers, AZ 72758 Owner Phone Number: 863-467-4768 Lots 7 ough 12, Block 142, City of Okeechobee, according to the plat thereof as recorde in Plat Book 5, Pages, Public Records of Okeechobee County, Florida. I' The m4ter for consideration by the City of Okeechobee Board of Adjustment is an application requesting a Special Exception in the Heavy Commercial Zoning District for propertIlocated at 205 N.E. Second Street. The su7etoperty is approximately 1.03 acre(s) fronting on N.E. Second Street which is subjecSpecial Use Exception petition. The applicant intends to have a crematorium in assodiation with a funeral home. The dwelling has public utilities and the adjoining propert} users are as follows: No*: Dental Office East# Insurance Agency Sou/i: Florist, bridal shop, restaurant and two single family residence Wei: : Professional offices i When aching a conclusion on a Special Exception, the Board of Adjustment shall conside# and show in its record the following findings: A. The use is not contrary to the Comprehensive Plan requirements. The type of use requested is within a fully enclosed building and is not contrary to the requirements of the Comprehensive Plan. S. The use is specifically authorized as a special exception use in the zoning district. t The use is listed under Land Development Regulation 20-283. I Page -( PAGE } I I � I 'i Staff Rer< f , Applicant's Name :Robert'L. 617 Betty Suzanne Braun Special Ception Request Petftlon No. 03 -007 -SE The use will not have an adverse effect on the public interest. There will be minimal or no additional traffic and noise impacts. D. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. i Yes, current use of adjacent property is a funeral home, Commercial to the North, East, West and South with 2 single family homes. $. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. This use will not be a deterrent to other properties. F. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. This is probably not necessary. t$. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. Density is not applicable. j. H. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The proposed use if approved will not adversely affect public safety. AL { SEQ H TER 1h V 1 }Request that the Special Exception be approved and that the j crematakium abide by all applicable state agency requirements and no outside activities. ! i Submit d by: James . LaRue, AICP Planni Consultant Decembe ,2003 t t l f l Page -(PAGE)- City of Okeechobee Date: General Service) Department Fee Paid: ci 93 55 S.E. 3" Aven�e, Room 101 1st Hearing. a Okeechobee, Florida 34974-2903 Phone: (863) 763±3372, ext. 217 Publication Dates: Fax: 863) 763-!j86 Notices Mailed: Uniform Land Use Application Rezone • Snecial F,xcention • Variance Petition No. O - S Jurisdiction: 1�i-C1 o� Ad I U r>?OYti S Board of Adjustment Exhibit 2 ✓ Name of prop owner(s): Robert D. and Betty Suzanne Braun A Owner mailin ddress: 96 Champions Blvd. Rogers, AZ 72758 P Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): Mortuary - 5,915 square feet Warehouse - 2000 square feet P Name of appligant(s) if other than owner (state relationship): same as above L Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: No I mailrlg address: Not applicable C is a sale subject to this application being granted? Yes A Name of contact person (state relationship): Vikki Aaron - agent N Describe adjoining land uses /improvements to the North: Commercial Professional Offices TApplicant Contact persoldaytime hone(s): B63-467-4768 Fax: 863-4 - ✓ Property address/ directions to property: 205 Northeast Second Street Indicate current use of property: Commercial - funeral home Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): Mortuary - 5,915 square feet Warehouse - 2000 square feet Approximate number of acres: 1 .03 acres Is property in a platted subdivision? Yes P Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: No R O P Have there bean any land use applications concerning all or part of this property in the last year? If so, indicate date, nature and appjicant's name: 09/22/03- change in zoning- Robert & Betty Suzanne Braun E R is a sale subject to this application being granted? Yes T y Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: Yes Describe adjoining land uses /improvements to the North: Commercial Professional Offices South: CaninrCial & Fesidattial East: CamErrial West: CamErcial Existing zoninj: Multi -family Future Land Use classification: CommercialActions Requested: (_J Rezone (._2L) Special Exception Variance Parcel Identi cation Number: R3-15-37-35-0010-014 0- ✓ 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 550 �,d pris nt o up to 30 days and may result in the summary denial of this application. w v, rnhor 17 , 2Qf13 Signa Printed Name Date Betty Suzanne Braun November 171 2003 t !"91 Land ion (rev 1iO3) Page I of 2 Patty Burnette From: Lane Gamiotea Sent: Thursday, January 26, 2017 3:35 PM To: Patty Burnette Cc: Bobbie Jenkins Subject: FW: Ads for Feb 16 PB/BOA mtg Attachments: 17-001-R (Feb Mtg Ad).docx; 17 -001 -SSA (feb mtg ad).docx; 17-001-SC.docx Importance: High Patty, just passing a message from Bill, Petition #17-002-V should be scheduled for the March PB/BOA meeting. He did not confirm the contents of the advertisement as asked below, but will after further review & discussions with the applicant. ase note our deadline for items to be submitted to me22. Thank you. Lane Earnest-Gamiotea, CMC City Clerk/Personnel Administrator City of Okeechobee 55 Southeast 3rd Avenue, Okeechobee, FL 34974 Office: 863.763.3372 x215 Fax: 863.763.1686 Cell: 863.697.0345 (AC '�'` office to advertise for the March PUBLIC RECORDS NOTICE: Under Florida law, email addresses are public records. If you do not want your email 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. Florida Statute 668.6076 CITY OF OKEECHOBEE E-MAIL DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. From: Lane Gamiotea Sent: Thursday, January 26, 2017 2:07 PM To: LaRue Planning -Bill Brisson Cc: City -Bobbie Jenkins(bjenkins@cityofokeechobee.com); Patty Burnette; 'Gloria Pellito' Subject: Ads for Feb 16 PB/BOA mtg Importance: High 1 14 1. We've sent the attached advertisements for the following Petitions/Applications to be heard at the Feb 16, Planning Board Meeting: #17 -001 -SSA (this was a continuation from the Jan 19 meeting; motion was not date specific therefore re - advertising is required); #17-001-R (this was a continuation from the Jan 19 meeting; motion was not date specific therefore re - advertising is required); and #17 -001 -SC Please notify me immediately if any of these (previously listed) are not supposed to be advertised for February. 2. Petition #17-002-V, please confirm by 10 AM Fri (tomorrow), if this petition will be ready for the Feb 16 meeting, and what the Variance setbacks should be within the advertisement, (applicant submitted conflicting information, its either 9', T& 5' or 9' 20' & 5'). Thank You! Lane Earnest-Gamiotea, CMC City Clerk/Personnel Administrator City of Okeechobee 55 Southeast P Avenue, Okeechobee, FL 34974 Office: 863.763.3372 x215 Fax: 863.763.1686 Cell: 863.697.0345 1461 +rrr rN� PUBLIC RECORDS NOTICE: Under Florida law, email addresses are public records. If you do not want your email 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. Florida Statute 668.6076 CITY OF OKEECHOBEE E-MAIL DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. CITY OF OKEECHOBEE Office of the City Clerk* 55 SE 3rd Avenue* Okeechobee, FL 34974 Email Transmittal 863-763-3372 ext. 215 To: Independent Newspapers, Inc. - Okeechobee News Ad Dept. Attention: Janet Levy, jlevy�a newszap.com From: Bobbie Jenkins, Deputy Clerk, bjenkins(a-)-cityofokeechobee.com Ad Type. Legal Publish On: Sun. 1/29/17 Proof of Affidavit(s): 1 Authorized By: Date: Email Date/Time: Ad/Order# Amount $: Proofed By: Date to Finance: Draw#: 4 7 O#: 4201 7he ck #: Mailed On: PUBLIC NOTICE CONSIDERATION OF PROPOSED ZONING RECLASSIFICATION NOTICE IS HEREBY GIVEN that a QUASI-JUDICIAL PUBLIC HEARING will be held before the City of Okeechobee Planning Board on Thur., February 16, 2017, 6 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 Rezoning Petition No. 17-001-R. This is a continuation from the January 19, 2017, Quasi -Judicial Public Hearing. Petition No. 17-001-R, submitted by Mr. Steven L. Dobbs as Agent and Mr. Neal Markus, Director of Loumax Development, Inc. on behalf of the property owner, EI Cielo Azul Night Club, Inc., requests to rezone approximately 1.07 unplatted acres located at 120 SW 7th Avenue, from Commercial Business District (CBD) to Industrial (IND). The proposed use is to utilize the existing structures as industrial space for storage and production of Loumax products. The public is encouraged to attend. Legal: (PARCEL A) A PARCEL OF LAND, BEING PARCELS 1-5, AS SHOWN ON EXHIBIT "D" PLAN OF LOTS, RECORDED IN OR BOOK 243, PAGES 1968-1974, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FL, LYING IN SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE FL, AND BEING A PORTION OF THOSE LANDS RECORDED IN OR BOOK 715, PAGE 640 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FL, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SOUTH PARK ST AND THE EASTERLY RIGHT-OF-WAY LINE OF THE F.E.C. FORMER EAST TEAM TRACK NO. 5; THENCE SOUTH 07013'25" EAST ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 115.81 FT TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL, SAID POINT BEING THE NW CORNER OF SAID PARCEL 1; THENCE SOUTH 89°56'24" EAST ALONG THE NORTH LINE OF SAID PARCELS 1-5, A DISTANCE OF 196.46 FT TO A CORNER OF SAID PARCEL 5; THENCE SOUTH 00003'36" WEST, ALONG THE EAST LINE OF SAID PARCEL 5, A DISTANCE OF 15.00 FT TO A CORNER OF SAID PARCEL 5; THENCE SOUTH 89056'24" EAST, ALONG A NORTH LINE OF SAID PARCEL 5, A DISTANCE OF 41.91 FT TO A NE CORNER OF SAID PARCEL 5; THENCE SOUTH 00008'33" EAST ALONG THE EAST LINE OF SAID PARCEL 5 AND ALONG THE WEST RIGHT-OF-WAY LINE OF SW 7TH AVE, A DISTANCE OF 169.06 FT TO THE SE CORNER OF SAID PARCEL 5; THENCE SOUTH 89047'25" WEST, ALONG THE SOUTH LINES OF SAID PARCELS 1-5, A DISTANCE OF 215.31 FT TO THE SW CORNER OF SAID PARCEL 1; THENCE NORTH 07°13'25" WEST ALONG THE WEST LINE OF SAID PARCEL 1, A DISTANCE OF 186.57 FT TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.95 ACRES, MORE OR LESS, BY CALCULATION OF THIS DESCRIPTION; TOGETHER WITH (PARCEL B) A PARCEL OF LAND, LYING IN SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE FL, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SOUTH PARK ST AND THE EASTERLY RIGHT-OF-WAY LINE OF THE F.E.C. FORMER EAST TEAM TRACK NO. 5; THENCE SOUTH 07°13'25" EAST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 115.81 FT TO THE NW CORNER OF PARCEL 1, AS SHOWN ON EXHIBIT "D" PLAN OF LOTS, RECORDED IN OR BOOK 243, PAGES 1968-1974, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FL; THENCE NORTH 89056'24" WEST ALONG THE WESTERLY EXTENSION OF THE NORTHERLY LINE OF SAID PARCEL 1, A DISTANCE OF 30.29 FT TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF THE F.E.C. FORMER EAST TEAM TRACK NO. 5, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE SOUTH 07°12'09" EAST ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 257.23 FT TO A POINT ON THE WESTERLY EXTENSION OF THE SOUTH RIGHT-OF-WAY LINE OF SW 2ND ST; THENCE SOUTH 89°47'25" WEST ALONG SAID WESTERLY EXTENSION, A DISTANCE OF 36.62 FT TO A POINT ON THE EAST LINE OF A 40 FT WIDE SEABOARD COASTLINE RAILROAD PARCEL; THENCE NORTH 00°08'37" WEST ALONG SAID EAST LINE, A DISTANCE OF 255.34 FT TO THE INTERSECTION WITH THE SAID WESTERLY EXTENSION OF THE NORTHERLY LINE OF SAID PARCEL 1; THENCE SOUTH 89°56'24" EAST, A DISTANCE OF 5.01 FT TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.12 ACRES, MORE OR LESS, BY CALCULATION OF THIS DESCRIPTION. The petition may be inspected at the address above during regular business hours, Mon -Fri, 8 AM -4:30 PM, except for holidays. A Public Hearing for a rezoning petition is handled as a "Quasi -Judicial" proceeding, meaning a manner similar to a court, hearing testimony and questioning presenters who provide substantial and competent evidence. It is the duty of the Planning Board to arrive at sound decisions. A recommendation to approve or deny the Petition will be forwarded to the City Council, tentatively scheduled on March 21, 2017, (First Reading) and final adoption Public Hearing on April 4, 2017, 6 PM. ANY PERSON DECIDING TO APPEAL any decision made by the Planning Board with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Services Office no later than two business days prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show any document, picture, video or items to the Planning Board in support or opposition to any item on the agenda, a copy of the document, picture, video, or item must be provided to the Board Secretary for the City's records. BY: Zoning Administrator Marcos MontesDeOca, No. 17-001-R CITY OF OKEECHOBEE Office of the City Clerk* 55 SE 3`d Avenue * Okeechobee, FL 34974 Email Transmittal 863-763-3372 ext. 215 To: Independent Newspapers, Inc. - Okeechobee News - Ad Dept. Attention: Janet Levy, jlevyCa�newszap.com From: Bobbie Jenkins, Deputy Clerk, been kins(a-),cityofokeechobee.corn Ad Type. Legal Publish On: Sun. 1/29/17 Proof of Affidavit(s): 1 Authorized By: Date: Email Date/Time: Ad/Order# Amount $: Proofed By: Date to Finance: Draw#: 4 PO#: 4201 Check #: Mailed On: PUBLIC NOTICE CONSIDERATION OF A PROPOSED FUTURE LAND USE MAP AMENDMENT NOTICE IS HEREBY GIVEN that a PUBLIC HEARING will be held before the City of Okeechobee Planning Board, as the Local Planning Agency, on Thur., February 16, 2017, 6 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 Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 17 -001 -SSA. This is a continuation from the January 19, 2017, public hearing. Application No. 17 -001 -SSA, submitted by Mr. Steven L. Dobbs as Agent and Mr. Neal Markus, Director of Loumax Development, Inc., on behalf of the property owner EI Cielo Azul Night Club, Inc., requests to change the Future Land Use classification from Commercial (C) to Industrial (IND) for approximately 1.07 unplatted acres located at 120 SW 7th Avenue. The public is encouraged to attend. Legal: (PARCEL A) A PARCEL OF LAND, BEING PARCELS 1-5, AS SHOWN ON EXHIBIT "D" PLAN OF LOTS, RECORDED IN OR BOOK 243, PAGES 1968-1974, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FL, LYING IN SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE FL, AND BEING A PORTION OF THOSE LANDS RECORDED IN OR BOOK 715, PAGE 640 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FL, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SOUTH PARK ST AND THE EASTERLY RIGHT-OF-WAY LINE OF THE F.E.C. FORMER EAST TEAM TRACK NO. 5; THENCE SOUTH 07013'25" EAST ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 115.81 FT TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL, SAID POINT BEING THE NW CORNER OF SAID PARCEL 1; THENCE SOUTH 89°56'24" EAST ALONG THE NORTH LINE OF SAID PARCELS 1-5, A DISTANCE OF 196.46 FT TO A CORNER OF SAID PARCEL 5; THENCE SOUTH 00003'36" WEST, ALONG THE EAST LINE OF SAID PARCEL 5, A DISTANCE OF 15.00 FT TO A CORNER OF SAID PARCEL 5; THENCE SOUTH 89°56'24" EAST, ALONG A NORTH LINE OF SAID PARCEL 5, A DISTANCE OF 41.91 FT TO A NE CORNER OF SAID PARCEL 5; THENCE SOUTH 00°08'33" EAST ALONG THE EAST LINE OF SAID PARCEL 5 AND ALONG THE WEST RIGHT-OF-WAY LINE OF SW 7TH AVE, A DISTANCE OF 169.06 FT TO THE SE CORNER OF SAID PARCEL 5; THENCE SOUTH 89°47'25" WEST, ALONG THE SOUTH LINES OF SAID PARCELS 1-5, A DISTANCE OF 215.31 FT TO THE SW CORNER OF SAID PARCEL 1; THENCE NORTH 07013'25" WEST ALONG THE WEST LINE OF SAID PARCEL 1, A DISTANCE OF 186.57 FT TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.95 ACRES, MORE OR LESS, BY CALCULATION OF THIS DESCRIPTION; TOGETHER WITH (PARCEL B) A PARCEL OF LAND, LYING IN SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE FL, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SOUTH PARK ST AND THE EASTERLY RIGHT-OF-WAY LINE OF THE F.E.C. FORMER EAST TEAM TRACK NO. 5; THENCE SOUTH 07013'25" EAST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 115.81 FT TO THE NW CORNER OF PARCEL 1, AS SHOWN ON EXHIBIT "D" PLAN OF LOTS, RECORDED IN OR BOOK 243, PAGES 1968-1974, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FL; THENCE NORTH 89056'24" WEST ALONG THE WESTERLY EXTENSION OF THE NORTHERLY LINE OF SAID PARCEL 1, A DISTANCE OF 30.29 FT TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF THE F.E.C. FORMER EAST TEAM TRACK NO. 5, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE SOUTH 07°12'09" EAST ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 257.23 FT TO A POINT ON THE WESTERLY EXTENSION OF THE SOUTH RIGHT-OF-WAY LINE OF SW 2ND ST; THENCE SOUTH 89047'25" WEST ALONG SAID WESTERLY EXTENSION, A DISTANCE OF 36.62 FT TO A POINT ON THE EAST LINE OF A 40 FT WIDE SEABOARD COASTLINE RAILROAD PARCEL; THENCE NORTH 00°08'37" WEST ALONG SAID EAST LINE, A DISTANCE OF 255.34 FT TO THE INTERSECTION WITH THE SAID WESTERLY EXTENSION OF THE NORTHERLY LINE OF SAID PARCEL 1; THENCE SOUTH 89°56'24" EAST, A DISTANCE OF 5.01 FT TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.12 ACRES, MORE OR LESS, BY CALCULATION OF THIS DESCRIPTION. The application may be inspected at the address above during regular business hours, Mon -Fri, 8 AM -4:30 PM, except for holidays. A recommendation to approve or deny Application No. 17 -001 -SSA will be forwarded to the City Council for consideration to adopt at a Final Public Hearing on March 21, 2017, 6 PM (tentative). ANY PERSON DECIDING TO APPEAL any decision made by the Planning Board with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Services Office no later than two business days prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show any document, picture, video or items to the Planning Board in support or opposition to any item on the agenda, a copy of the document, picture, video, or item must be provided to the Board Secretary for the City's records. By: Zoning Administrator Marcos MontesDeOca, No. 17 -001 -SSA CITY OF OKEECHOBEE Office of the City Clerk* 55 SE 3rd Avenue * Okeechobee, FL 34974 Email Transmittal 863-763-3372 ext. 215 To: Independent Newspapers, Inc. — Okeechobee News — Ad Dept. Attention: Janet Levy, jlevy�a newszap.com From: Bobbie Jenkins, Deputy Clerk, bienkins(a)_cityofokeechobee.com Ad Type: Legal Publish On: Sun 1/29/17 Proof of Affidavit(s): 1 Authorized By: Date: Email Date/Time: Ad/Order# Amount $: Proofed By: Date to Finance: Draw#: 4 PO#: 4201 Check #: Mailed On: PUBLIC NOTICE RIGHT-OF-WAY ABANDONMENT NOTICE IS HEREBY GIVEN that a PUBLIC HEARING will be held before the City of Okeechobee Planning Board on Thur., February 16, 2017, 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 3`d Avenue, Council Chambers, Rm 200, Okeechobee, FL, to consider and receive input on Abandonment of Right -Of -Way Petition No. 17 -001 -SC, submitted by Mr. Jeremy LaRue (Manager), Total Roadside Service Center, LLC. Petition No. 17 -001 -SC requests to vacate a 200 -foot by 60 -foot portion of NW 10th Avenue, between NW 7th Court and 8th Street, lying East of Block 13, NORTHWEST ADDITION, Plat Book 1, Page 25, Public Records, Okeechobee County. The petition may be inspected at the address above during regular business hours, Mon -Fri, 8 AM - 4:30 PM, except for holidays. The public is encouraged to attend. The Planning Board will offer a recommendation to the City Council, tentatively scheduled on March 21, 2017 (First Reading) and final adoption Public Hearing on April 4, 2017, 6 PM. ANY PERSON DECIDING TO APPEAL any decision made by the Planning Board with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Services Office no later than two business days prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show any document, picture, video or items to the Planning Board in support or opposition to any item on the agenda, a copy of the document, picture, video, or item must be provided to the Board Secretary for the City's records. BY: Zoning Administrator Marcos Montes De Oca, Petition No. 17 -001 -SC 3 Lane Gamiotea From: Lane Gamiotea Sent: Thursday, January 26, 2017 3:49 PM To: Patty Burnette Cc: City -Bobbie Jenkins (bjenkins@cityofokeechobee.com) Subject: FW: Heritage Family Attachments: 2016-056 variance Exhibit 20170126.pdf Tracking: See attached and below. Recipient Patty Burnette Delivery Delivered: 1/26/2017 3:50 PM City -Bobbie Jenkins Delivered: 1/26/2017 3:50 PM (bjenkins@cityofokeechobee.com) Lane Earnest-Gamiotea, CMC City Clerk/Personnel Administrator City of Okeechobee 55 Southeast 3rd Avenue, Okeechobee, FL 34974 Office: 863.763.3372 x215 Fax: 863.763.1686 Cell: 863.697.0345 Read Read: 1/27/2017 8:27 AM Read: 1/26/2017 4:02 PM PUBLIC RECORDS NOTICE: Under Florida law, email addresses are public records. If you do not want your email 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. Florida Statute 668.6076 CITY OF OKEECHOBEE E-MAIL DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. From: Steven L. Dobbs - archive[mailto:sdobbs@stevedobbsengineering.com] Sent: Thursday, January 26, 2017 3:47 PM To: 'Brisson, Bill'; Lane Gamiotea Subject: Heritage Family M Attached is an updated variance request. Please do not hesitate to call with any questions. PLEASE NOTE THE NEW OFFICE ADDRESS OFF; 200 NW 5"' Street Okeechobee, FL 34972 w1AILlivG: 1062 Jakes Way Okeechobee, FL 34974 Phone: 863-824-7644 Cell: 863-634-0194 sdobbs@stevedobbsengineering.com ************************************ This e-mail and any files transmitted with it are proprietary and intended solely for the use of the individual or entity to whom they are addressed. If you have received this e-mail in error please notify the sender. Please note that any views or opinions presented in this e-mail are solely those of the author and do not necessarily represent those of Steven L. Dobbs Engineering, LLC. The recipient should check this e-mail and any attachments for the presence of viruses. SLD Engineering accepts no liability for any damage caused by any virus transmitted by this e-mail. ************************************ A:avast This email has been checked for viruses by Avast antivirus software. www.avast.com 2 • A 3� 4 z 4 10' Minimum Variance 4 o � 8 72 i4 J a,. 0 c� Family Heritage Holdings, LLC City of Okeechobee Variance Request Exhibit of Minimum Setback Requirements GOAIL• _v (ot•10 C -o V ° 0 DNS J `1fa 40 setbacks $111 LD I4 t• i` U1 u GO IV - k5 W_I L4 �O 0 setback 35' setback l-. 142 Q� "J LEGAL DESCRIPTION: �T 7, 8,9, 10, 11, � ►z,-5 ITY ook 142, c, IJ 2 AJ t, '::'�r en t--- _- (yam/ SSD° 00' 00'1 LcL SURVEY NOTES: Zc1I�� G �r-,loaH�t-T �AvLF'I�rJ SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS SURVEY MAP IS PER RECORD DESCRIPTION LEGEND. a -FOUND CONCRETE MONUMENT AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF III -FOUND IRON ROD AS SURVEYED IN THE FIELD. I FURTHER CERTIFY THAT THIS SURVEY O -SET IRON ROD cOMPLIES WITH THE MINIMUM TECHNICAL STANDARDS SET FORTH IN E -CENTER UNE CHAPTER 61G-17-6 BY THE FLORIDA BOARD OF LAND SURVEYORS FTE -FINISH FLOOR ELEVATION PURSUANT TO SECTION 4:72.027 FLORIDA STATUTES. AND THAT THERE PSM -PROANDFESSIONALSURVEYOR ARE NO ABOVE GROUND ENCROACHMENTS OTHER THAN R�r-RIGHT-OF-WAY nATE. *1 G PC -POINT OF CURVE BYy 0 -DELTA ANGLE A -NRC LENGTH PROFESSIONAL SURVEYOR AND MAPPER FLORIDA REGISTRATION /6427 y,0' -TYPICAL ELEVATION FRED W. REPASS P.S.M. 0 setback 35' setback l-. 142 Q� "J LEGAL DESCRIPTION: �T 7, 8,9, 10, 11, � ►z,-5 ITY ook 142, c, 7. SURVEY NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. CERTIFIED HV�PTex% == Noc�iNysLLc_ 642-t5 a -t -�L{1UIt-><N�sN,�o1�D(5 �LG.S q. c, o I nY�_NdFF1Dt (h L �nt� l T SLII�ii!��SS/i� rirw mrR wr�niiur. FRED W. REPASS SURVEYOR & MAPPER 2780 FAIRMONT STREET STUART, FL 34995 (772)878-7568 (office & far.) 1 BOUNDARY SURVEY SCALE: IORAWN BY: FILE No.: 11 _moo' GCT`N1 09 - 4 (0 - 0-- �\ _- SURVEY NOTES: 1. NOT VAUD UNLESS SEALED WITH AN EMBOSSED >-N Z 2. SURVEYOR'S SEAL LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY. EASEMENTS OR OWNERSHIP' 1 LAND DESCRIPTION HEREON WAS PROVIDED BY THE CUENT. 4. BEARINGS SHOWN HEREO�ARE BASED ON THE ti'GOAfG. 1vhLJ' - CETITERUNE Z./`tt STP -##I S. THIS SURVEY NOT TO BE USED FOR FENCE S'VAU,E-�r GUS INSTALLATION. SPRINKLER SYSTEMS. SHRUBS OR ANY OTHER UTILITIES "THOUT REVERInCATLON OF PROPERTY CORNERS. t. l7T T 6. ELEVATIONS SHOWN HERON ARE BASED UPON C r p LA(- [�f�?N? N.G.V.D. 1929. 7. SURVEY NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. CERTIFIED HV�PTex% == Noc�iNysLLc_ 642-t5 a -t -�L{1UIt-><N�sN,�o1�D(5 �LG.S q. c, o I nY�_NdFF1Dt (h L �nt� l T SLII�ii!��SS/i� rirw mrR wr�niiur. FRED W. REPASS SURVEYOR & MAPPER 2780 FAIRMONT STREET STUART, FL 34995 (772)878-7568 (office & far.) 1 BOUNDARY SURVEY SCALE: IORAWN BY: FILE No.: 11 _moo' GCT`N1 09 - 4 (0 - 0-- Patty Burnette From: Patty Burnette Sent: Friday, January 27, 2017 12:27 PM To: bill@larueplanning.com Subject: Revisions for Variance Application 17-002-V Attachments: Revisions for Variance application 17-002-V.pdf Hi Bill. Attached are the revised pages for the Variance application from Steve Dobbs for Family Heritage Holdings in regards to the Private Club for The Elks. I resent the cover page and he made the necessary changes for the revised variance request. 1444 ed to knawb, 3 t r4heopplicatiort°vitt b "8bi'e tube fraud -ed on agenda %--for the March 16th BOA meeting for Lane to adved4se. Should you have questions, please just let me know. Thanks, Patty Pat fy M. f WpvW &� generaCServices Coordinator City of Okeechobee ss Southeast 3rd Avenue Okeechobee, Tf- 34974 T'eh 863-763-3372 ext. 218 Eax: 863-763-1686 e-maiC- bburnette@cityofokeechobee.com website: www.cityofokeechobee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. I City of Okeechobee Date: Petition No. 17— UUai- V General Services Department Fee Paid: 1-3-1-7 Jurisdiction: ion 55 S.E. 3`d Avenue, Room 10115 Hearin - -- { ,/%: ��2" —Hearin N g �g Okeechobee, Florida 34974-2903 Publication Dates: 4'0 1129 g 21b Phone: (863) 763-3372, ext. 218 1 Notices Mailed:_ Fax: (863) 763-1686 Rezone, Special Exception andVariance APPLICANT INFORMATION 1 Name of property owner(s). Family Heritage Holdings, LLC 2 Owner mailing address: c/o Buxton and Bass Funeral Home, 400 N. Parrott Ave. Okeechobee 34972 3 Name of applicant(s) if other than owner 4 Applicant mailing address: E-mail address: tom@yatesfunerathome.com 5 Name of contact person (state relationship): Steven L. Dobbs - Consultant 6 Contact person daytime phone(s): 8163-824-7644 PROPERTY INFORMATION Property address/directions to property: 7 205 NE 2nd Street, Okeechobee, FL 34972 Describe current use of property: 8 Former Bass Okeechobee Funeral Home & Crematory Describe improvements on property (numberltype buildings, dwelling units , occupied or vacant, etc. Main Facility Approx. 5,000 sq. ft., Metal Garage Building Approx. 2,000 sq. ft. 9 Source of potable water: OUA Method of sewage disposal: Septic 10 Approx. acreage: 1.033 is property in a platted subdivision? Yes, CITY OF OKEECHOBEE Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: None to our knowledge 11 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: Medical Offices East: Commercial South: Commercial West: Commercial 14 Existing zoning: Heavy Commercial Future Land Use classification: Commercial 15 Have there been any prior rezoning, special exception, variance, or site plan approvals on the property? (_)No (X }Yes. if yes provide date, petition number and nature of approval. 6-s- Cori- R Cua 16 Request is for: (_) Rezone (__, Special Exception (_XJ Variance 17 Parcel Identification Number: 3-15-37-35-0010-01420-0070 ✓ (Rev 09/14) Page 1 of I I Confirmation of Information Accuracy I herby certify that the information in this application is correct. The information included in this application is fo; 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. L; Signa rr Printed Flame Date For questiotrelatitetthis pplication packet, call General Services Dept. at (863)-763-3372, Ext. 218 (Rev 09/14) Page 2 of i i REQUIRED ATTACHMENTS 18 Applicant's statement of'interest in property: ,.' �n/t C(}i�� J t ap "= 't, _ I _ _.l �—_ I y� �: $850 plus $30/acre; Special Exception: $ 00 plus $30/acre; Non-refundable application fee: Rezoning Variance: $500 ' 19 mote: 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, �20 the applicant shall pay the actual costs. .......... Last recorded warranty deed: 11/20/2003_ ► 21 Notarized letter of consent from property owner (if applicant is different from property owner) Three property surveys (one no target than 11x17) containing: a. Certified boundary survey, date of survey, surveyor's name, address and phone number i 22 b. Legal description of property pertaining to the application I c. Computation of total acreage to nearest tenth of an acre 123 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 herby certify that the information in this application is correct. The information included in this application is fo; 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. L; Signa rr Printed Flame Date For questiotrelatitetthis pplication packet, call General Services Dept. at (863)-763-3372, Ext. 218 (Rev 09/14) Page 2 of i i Family Heritage Holdings, LLC (Description of requested land use change and reason for request) Family Heritage Holdings, LLC currently owns approximately 1.033 acres located in Section 15, Township 375, and Range 35E. The property's parcel IDs are 3-15-37-35- 0010-01420-0070. It is currently located in the City of Okeechobee with a current zoning of Heavv Commercial and a FLU of Commercial. There are two existing buildings onsite totaling 7,915 sf on the 44,997 sf lot for a coverage of 17.5% There is currently a contract for purchase of this parcel by the Elks Club. While a Private Club is allowed in this zoning district, there are additional requirements in 90-698 — Private Club, nightclub, and bar requirements that will require a variance for this parcel to allow this sale to go through. If this purchase is successful, the building will require a variance as the Heavy Commercial setbacks are 20' front setback, 8' side setbacks or 20' abutting residential zoning, and 10' rear setback or 20' abutting residential zoning. The setbacks for Private Clubs, nightclubs, and bars are 40' in the front, 25' on the sides or 50 feet abutting residential zoning district and 25' rear setbacks or 50 feet abutting residential zoning district. The other requirement concerning location is no building can be located closer than 75 feet to property line abutting a single family residential lot, while there are no single family residential lots located within 75' of the property lines. Lot 4 of block 142 has a future land use of Residential Multifamily and lots 4, 5, and 6 of block 142 have a zoning of Residential Multiple Family, however there are dentist offices on all of these lots. The existing setbacks are 16' from the rear (north property line), 20' from the side (west property line), 106' from the side (east property line), and 35' from the front (south property line). This application is for the City to grant a rear (north) variance of 19' and a side (west) variance of 10' and a front (south) variance of 5' as the building was constructed with the setbacks as described above and meet the current use of the property, but not the proposed use. The existing access to this property is one driveway from the west, two driveways from the south, and one driveway from the east. Family Heritage Holdings, LLC requests that the Board of Adjustments and Appeals grant the requested 19' rear (north) setback, 10' side (west) setback, and a 5' front (south) variance as shown on the exhibit. Family Heritage Holdings, LLC Responses to Standards for Granting a Variance [(Sec.7-374(b), LDR page CD 70:2001 1. Demonstrate that the variance is needed to overcome a hardship caused by the unique physical conditions of the site. The variance is required to overcome the requirements of the anticipated sale as described above. When the building was built, the use of this building changing could not have been anticipated. 2. Specify the minimum variance required including height, lot area, size of structure, size of yard, setback, buffer or open space. The minimum requested variance require for this change of use are 19' rear (north) setback, 10' side (west) setback, and a 5' front (south) variance as shown on the exhibit FINDINGS REQUIRED FOR GRANTING A VARIANCE [Sec. 70-374(c) , pages CD70:20 & 21 in the LDRs] 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. As mentioned previously, the existing building was constructed and met the requirements of Heavy Commercial zoning, however a change of use would be required for the sale of the building to proceed. This is use allowed in the existing zoning district. The variance is required due to the pending sale of the property, so this request would not impact other land or structures in the same zoning district. 2. The special conditions and circumstances do not result from actions of the applicant. The applicant cannot use the building as they need under Sec. 90-698 as described above. The special conditions result from the pending sale of the property and change of use, not directly as a result of 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. If the sale of the building and the change of use is granted, the building will not meet setback on the north, west and south side of the property under a literal interpretation of the Land Development Code. To remedy this situation would place an undue hardship on the applicant. 4. The variance, if granted, is the minimum variance necessary to make possible the reasonable use of the land or structure. The requested variance is the minimum variance necessary to make possible the reasonable use of the structure. 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. The City of Okeechobee has traditionally reviewed these types of variances on a site specific basis. Without the requested variances, the building could not feasibly be used as a Private Club, nightclub or bar. The requested variance will allow the building to be used as intended by the pending sale as a Private Club. 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. Granting this variance will be compatible with the Land Development Code and will not be injurious to the neighborhood as all functions of the Private Club will be completed inside the building, nor detrimental to the public welfare as again all functions required by this facility will take place inside the building. Family Heritage Holdings, LLC City of Okeechobee Variance Request Exhibit of Minimum Setback Requirements 16 AtY 19' Minimum Varinance L 6 10' Minimum Variance 8 Tize a t4 . I \ d _ LdT-.li 1�z 25' setback t 35' setback So • Al o. 142- I - 30setback o STa140 setback $111 L > 1 f4 6r 1 0 l� / err Gov • 3 IZ lcwt. �� 142 T �� • 15' Minimum OLD 4q• Variance �-, ,, . „v0-1 <�T� -Z.a J•l � - �- �- SCS' as�N � �-T �''°'y �� '-T_ SURVEYOR'S CERTIFICATE LEGEND: I HEREBY CERTIFY THAT THIS SURVEY MAP IS PER RECORD DESCRIPTION ■ -FOUND CONCRETE MONUMENT AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF 0 _FOUND IRON ROD AS SURVEYED IN THE FIELD. I FURTHER CERTIFY THAT THIS SURVEY o -SET IRON ROD COMPLIES WITH THE MINIMUM TECHNICAL STANDARDS SET FORTH IN. -CENTER LINE CHAPTER 61G-17-6 BY THE FLORIDA BOARD OF LAND SURVEYORS PL -FINISH OOR ELEVATION OR PURSUANT TO SECTION 472.027 FLORIDA STATUTES, AND THAT THERE AND MAPPER ARE NO ABOVE GROUND ENCROACHMENTS OTHER THAN 0 R/w -RIGHT-OF-WAY DC -POINT OF CURVE ATE: PD -DELTA ANGLE BY A -ARC LENGTH PROFESSIONAL SURVEYOR AND MAPPER p513 —,CAL ELEVATION FLORIDA REGISTRATION #6427 } FRED W. REPASS P.S.M. As-f.;;1HA Lf 0 - 2' YALd.0-Y Gtr iZAS, FIELD WORK COMPLETED. " I - - D LOCATION MAP LEGAL DESCRIPTION: L,oT -7,8,9, 10, I, 2,-5L,4ok- 14-2) SURVEY NOTES: 1. NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL Z. E NOT ABSTRACTED FFDRIGHTS RIGHTS-OF-WAY,OWN HEREON C OREASEMENTS OR OWNERSHIP. 3, LAND DESCRIPTION HEREON WAS PROVIDED BY THE CLIENT. 4. tLCENTERUNE NT-, 'ZIP -= i�€i ON THE 5 THIS SURVEY OT TO BE USED FOR FENCE INSTALLATION- SSPRINKLER SYSTEMS. SHRUBS OR ANY OTHER UTILITIES WITHOUT REVERIFICATION OF PROPERTY CORNERS. g ELEVATIONS SHOWN HERON ARE BASED UPON N.G.V.D. 1929. 7 SURVEY NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. In t+.omTrTT n No vI Nle LLL g,0v1 ,�- FRED W. REPASS SURVEYOR & MAPPER 2780 FAIRMONT STREET STUART. FL 34995 (772)878-7568 (office & fax) f \1 Family Heritage Holdings, LLC City of Okeechobee Variance Request Exhibit of Minimum Setback Requirements 16 AtY 19' Minimum Varinance L 6 10' Minimum Variance 8 Tize a t4 . I \ d _ LdT-.li 1�z 25' setback t 35' setback So • Al o. 142- I - 30setback o STa140 setback $111 L > 1 f4 6r 1 0 l� / err Gov • 3 IZ lcwt. �� 142 T �� • 15' Minimum OLD 4q• Variance �-, ,, . „v0-1 <�T� -Z.a J•l � - �- �- SCS' as�N � �-T �''°'y �� '-T_ SURVEYOR'S CERTIFICATE LEGEND: I HEREBY CERTIFY THAT THIS SURVEY MAP IS PER RECORD DESCRIPTION ■ -FOUND CONCRETE MONUMENT AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF 0 _FOUND IRON ROD AS SURVEYED IN THE FIELD. I FURTHER CERTIFY THAT THIS SURVEY o -SET IRON ROD COMPLIES WITH THE MINIMUM TECHNICAL STANDARDS SET FORTH IN. -CENTER LINE CHAPTER 61G-17-6 BY THE FLORIDA BOARD OF LAND SURVEYORS PL -FINISH OOR ELEVATION OR PURSUANT TO SECTION 472.027 FLORIDA STATUTES, AND THAT THERE AND MAPPER ARE NO ABOVE GROUND ENCROACHMENTS OTHER THAN 0 R/w -RIGHT-OF-WAY DC -POINT OF CURVE ATE: PD -DELTA ANGLE BY A -ARC LENGTH PROFESSIONAL SURVEYOR AND MAPPER p513 —,CAL ELEVATION FLORIDA REGISTRATION #6427 } FRED W. REPASS P.S.M. As-f.;;1HA Lf 0 - 2' YALd.0-Y Gtr iZAS, FIELD WORK COMPLETED. " I - - D LOCATION MAP LEGAL DESCRIPTION: L,oT -7,8,9, 10, I, 2,-5L,4ok- 14-2) SURVEY NOTES: 1. NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL Z. E NOT ABSTRACTED FFDRIGHTS RIGHTS-OF-WAY,OWN HEREON C OREASEMENTS OR OWNERSHIP. 3, LAND DESCRIPTION HEREON WAS PROVIDED BY THE CLIENT. 4. tLCENTERUNE NT-, 'ZIP -= i�€i ON THE 5 THIS SURVEY OT TO BE USED FOR FENCE INSTALLATION- SSPRINKLER SYSTEMS. SHRUBS OR ANY OTHER UTILITIES WITHOUT REVERIFICATION OF PROPERTY CORNERS. g ELEVATIONS SHOWN HERON ARE BASED UPON N.G.V.D. 1929. 7 SURVEY NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. In t+.omTrTT n No vI Nle LLL g,0v1 ,�- FRED W. REPASS SURVEYOR & MAPPER 2780 FAIRMONT STREET STUART. FL 34995 (772)878-7568 (office & fax) Patty Burnette From: Patty Burnette Sent: Friday, January 27, 20171:55 PM To: bill@larueplanning.com Subject: Another revised page for Variance application 17-002-V Attachments: 2nd Revision for Variance application 17-002-V.pdf Bill sorry I forgot to include one updated page with the email I sent either for this application. Questions 1 & 2 were done on a separate page but I forgot to include this page that also needed to be updated. Sorry for any confusion. Paff y M. OLi-mzHt, GenerafServices Coordinator City of Okeechobee 55 Southeast 3rd g{venue Okeechobee, I'L 34974 ,J-ek 863-763-3372 ext. 218 Eax: 863-763-1686 e-nud pburnette@ctiofokeechobee.com website: www.citmofokeechobee.cotn NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. 1 STANDARDS FOR GRANTING A VARIANCE [(Sec. 70-374(b), LDR page CD70:20j 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 far economic reasons or the convenience of the applicant]. 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.] (Rev 09/14) Page 10 of I 1 ADD TI+ONAL N#16 IATIQN REQUIREp' 0 A VA- T Ch Describe the Variance sought: The requested variance is a setback variance from the side, rear and front setbacks as A described herein. Describe the physical characteristics of the property that make the variance necessary: B There are no physical characteristics of the property that make the variance necessary only a proposed change in use from a potential sale of the property to Private Club in the Heavy Commercial Zoning District. Did you or a previous owner of the property cause or contribute to the characteristic necessitating the variance: ( X )No ( Yes If yes, explain: The proposed purchaser would not be able to use the building as they need C under Sec. 90-698 as described herein. The special conditions result from the pending sale of the property and change of use, not directly as a result of the applicant. What specifically is the minimum variance necessary and explain why a lesser variance is not adequate. The minimum variance is as follows 19' rear (north) setback, 10' side (west) setback, and a 5' front D (south) variance as shown on the exhibit. With the building existing, a lesser variance would not be adequate. E Attach a site plan showing the buildings, structures and other improvements or characteristics of the site and the location of the s ecific variances sought. Attached F Responses addressing the standards and required findings for the granting of a variance as described below Attach additional sheets as necessary. Attached STANDARDS FOR GRANTING A VARIANCE [(Sec. 70-374(b), LDR page CD70:20j 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 far economic reasons or the convenience of the applicant]. 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.] (Rev 09/14) Page 10 of I 1 Lane Gamiotea From: Lane Gamiotea Sent: Monday, January 30, 2017 11:18 AM To: LaRue Planning -Bill Brisson Cc: Marcos Montes De Oca; Patty Burnette; City -Bobbie Jenkins (bjenkins@cityofokeechobee.com); Robin Brock Subject: PLEASE REPLY ASAP! Ad language for #17-002-V Importance: High Tracking: Recipient Delivery LaRue Planning -Bill Brisson Marcos Montes De Oca Delivered: 1/30/2017 11:18 AM Patty Burnette Delivered: 1/30/2017 11:18 AM City -Bobbie Jenkins Delivered: 1/30/2017 11:18 AM (bjenkins@cityofokeechobee.com) Robin Brock Delivered: 1/30/2017 11:18 AM City Code Requirements: Sec. 90-698(3): FRONT 40', SIDE 25' or 50' abutting a residential zoning district, REAR 25' or 50' abutting a residential zoning district; and Sec. 90-447 Yards on corner lots. 75% of 40' is 30' so the SIDE setbacks are to be 30' not the 25' listed above. What they have: FRONT 35', SIDE 106.1' East & 20' West, REAR 16.6' Zoning for Block 142: Lots 1-3, 7-12 is CHV, Lots 4-6 are RMF. Patty pointed out when she was proofing it that Per City Code Section 66-1: Abut means to share a common property line. So does the RMF Zoning come into play since there's a 15' wide alleyway separating the RMF properties from the subject property? I need to know which of these are correct to use for the advertisement: A. The request is to reduce the FRONT setback from 40 to 35 feet and the REAR setback from 50 to 16.6 feet within a Heavy Commercial Zoning District, Supplemental Use Regulations for a private club, nightclub and bar requirements; Ref. Code Book Section 90-698. Additionally, reducing the WEST - SIDE setback from 30 to 20 feet, Yards on corner lots ref. Code Book Section 90-447. OR B. The request is to reduce the FRONT setback from 40 to 35 feet and the REAR setback from 25 to 16.6 feet within a Heavy Commercial Zoning District, Supplemental Use Regulations for a private club, nightclub and bar requirements; Ref. Code Book Section 90-698. Additionally, reducing the WEST - SIDE setback from 30 to 20 feet, Yards on corner lots ref. Code Book Section 90-447. Thanks! Lane Earnest-Gamiotea, CMC City Clerk/Personnel Administrator City of Okeechobee 55 Southeast 3rd Avenue, Okeechobee, FL 34974 Office: 863.763.3372 x215 Fax: 863.763.1686 Cell: 863.697.0345 PUBLIC RECORDS NOTICE: Under Florida law, email addresses are public records. If you do not want your email 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. Florida Statute 668.6076 CITY OF OKEECHOBEE E-MAIL DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. z Lane Gamiotea From: Sent: To: Cc: Subject Importance: Tracking: Lane Gamiotea Monday, January 30, 2017 8:47 AM Marcos Montes De Oca Robin Brock; Patty Burnette; Robin Brock; LaRue Planning -Bill Brisson RE: Funeral hall High Recipient Marcos Montes De Oca Robin Brock Patty Burnette Robin Brock LaRue Planning -Bill Brisson Marcos, We'll get the ad to the paper this morning. Thank You. Lane Earnest-Gamiotea, CMC Delivery Delivered: 1/30/2017 8:47 AM Delivered: 1/30/2017 8:47 AM City Clerk/Personnel Administrator City of Okeechobee 55 Southeast 3rd Avenue, Okeechobee, FL 34974 Office: 863.763.3372 x215 Fax: 863.763.1686 Cell: 863.697.0345 %A Ry�A[0�4 X Read Read: 1/30/2017 8:54 AM PUBLIC RECORDS NOTICE: Under Florida law, email addresses are public records. If you do not want your email 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. Florida Statute 668.6076 CITY OF OKEECHOBEE E-MAIL DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. From: Marcos Montes De Oca Sent: Sunday, January 29, 2017 9:09 PM To: Lane Gamiotea Cc: Robin Brock Subject: Fwd: Funeral hall Sent from my iPhone Begin forwarded message: From: Bill Brisson <bill@larueplanning com> Date: January 27, 2017 at 3:08:38 PM EST To: 'Marcos Montes De Oca'<mmontesdeocakcityofokeechobee.com> Subject: RE: Funeral hall Marcos, During our earlier phone conversation, I mentioned that I would prefer moving this Variance Application (17-002-V) to the March BOA meeting. HOWEVER, I have given the matter more thought. If Steve has new correct figures for the variances needed and Lane can get the public notice information to the paper to meet the publication deadline, then I will be able to prepare the Staff Report for the February 16th meeting. Otherwise, I will figure on presenting the Staff Report at the March meeting. Keep me posted. Thanks, Bill Wm. F. Brisson, AICP Sr. Planner LaRue Planning & Management Services, Inc. Direct Line: 239-204-5283 General Office Phone: 239-334-3366 -----Original Message ----- From: Marcos Montes De Oca[mailto:mmontesdeocakcityofokeechobee.com] Sent: Friday, January 27, 2017 11:21 AM To: Bill Brisson <billglarueplannin . c�om> <bi�larueplanning com> Cc: Robin Brock <rbrockgcityofokeechobee.com> Subject: Funeral hall Bill I know you're working on this I don't know if you would have it ready for the February meeting if so let me know by Monday 9 AM so I can have Wayne advertise it in Wednesday's paper to still meet the advertising deadline we are getting pressure from Steve Dobbs thank you Sent from my iPhone Patty Burnette From: Lane Gamiotea Sent: Monday, January 30, 2017 10:30 AM To: LaRue Planning -Bill Brisson Cc: Bobbie Jenkins; Patty Burnette; Marcos Montes De Oca Subject: PLEASE HELP! Wording for #17-002-V Importance: High Bill, need assistance!!! I double checked with Steve to confirm I understood what he was applying for in this variance. Apparently a 2nd front yard setback comes into play for the West Side Setback??? They have 20.0' on the West Side set back Sec. 90-698(3) requires a 25' side set back Since I have to reference the code section and what we're changing from and to, can you provide the Section that states the West Side Set Back has to be 30' since it's a 2nd yard, I cant find it in the code book. Thank you! (we're past the deadline for the ad, we've gone ahead & sent it incorrectly with the hopes of being able to correct it on the proof) Lane Earnest-Gamiotea, CMC City Clerk/Personnel Administrator City of Okeechobee 55 Southeast 3rd Avenue, Okeechobee, FL 34974 Office: 863.763.3372 x215 Fax: 863.763.1686 Cell: 863.697.0345 PUBLIC RECORDS NOTICE: Under Florida law, email addresses are public records. If you do not want your email 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. Florida Statute 668.6076 CITY OF OKEECHOBEE E-MAIL DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. Patty Burnette From: Lane Gamiotea Sent: Monday, January 30, 2017 11:38 AM To: Bobbie Jenkins Cc: Patty Burnette; Marcos Montes De Oca; LaRue Planning -Bill Brisson; Robin Brock Subject: FW: PLEASE REPLY ASAP! Ad language for #17-002-V Importance: High Bobbie, I spoke with Bill, and we've had to adjust some of the wording for the rear set back since the alleyway footage can be counted towards the 50'. He also advised the abutting definition does not apply in the case due to other language explaining alleys & the fact that alleys carry the zoning: The request is to reduce the FRONT setback from 40 to 35 feet and the REAR actual property line setback from 50 to 16.6 feet within a Heavy Commercial Zoning District, Supplemental Use Regulations for a private club, nightclub and bar requirements; Ref. Code Book Section 90- 698. Additionally, reducing the WEST -SIDE setback from 30 to 20 feet, Yards on corner lots ref. Code Book Section 90-447. Lane Earnest-Gamiotea, CMC City Clerk/Personnel Administrator City of Okeechobee 55 Southeast 3rd Avenue, Okeechobee, FL 34974 Office: 863.763.3372 x215 Fax: 863.763.1686 Cell: 863.697.0345 04141 +r, t. anti t S PUBLIC RECORDS NOTICE: Under Florida law, email addresses are public records. If you do not want your email 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. Florida Statute 668.6076 CITY OF OKEECHOBEE E-MAIL DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. From: Lane Gamiotea Sent: Monday, January 30, 2017 11:18 AM To: LaRue Planning -Bill Brisson Cc: Marcos Montes De Oca; Patty Burnette; City -Bobbie Jenkins(bienkins(�)cityofokeechobee.com); Robin Brock Subject: PLEASE REPLY ASAP! Ad language for #17-002-V Importance: High City Code Requirements: Sec. 90-698(3): FRONT 40', SIDE 25' or 50' abutting a residential zoning district, REAR 25' or 50' abutting a residential zoning district; and Sec. 90-447 Yards on corner lots. 75% of 40' is 30' so the SIDE setbacks are to be 30' not the 25' listed above. What they have: FRONT 35', SIDE 106.1' East & 20' West, REAR 16.6' Zoning for Block 142: Lots 1-3, 7-12 is CHV, Lots 4-6 are RMF. Patty pointed out when she was proofing it that Per City Code Section 66-1: Abut means to share a common property line. So does the RMF Zoning come into play since there's a 15' wide alleyway separating the RMF properties from the subject property? I need to know which of these are correct to use for the advertisement: A. The request is to reduce the FRONT setback from 40 to 35 feet and the REAR setback from 50 to 16.6 feet within a Heavy Commercial Zoning District, Supplemental Use Regulations for a private club, nightclub and bar requirements; Ref. Code Book Section 90-698. Additionally, reducing the WEST - SIDE setback from 30 to 20 feet, Yards on corner lots ref. Code Book Section 90-447. OR B. The request is to reduce the FRONT setback from 40 to 35 feet and the REAR setback from 25 to 16.6 feet within a Heavy Commercial Zoning District, Supplemental Use Regulations for a private club, nightclub and bar requirements; Ref. Code Book Section 90-698. Additionally, reducing the WEST - SIDE setback from 30 to 20 feet, Yards on corner lots ref. Code Book Section 90-447. Thanks! Lane Earnest-Gamiotea, CMC City Clerk/Personnel Administrator City of Okeechobee 55 Southeast 3rd Avenue, Okeechobee, FL 34974 Office: 863.763.3372 x215 Fax: 863.763.1686 Cell: 863.697.0345 R { b w 41c - PUBLIC RECORDS NOTICE: Under Florida law, email addresses are public records. If you do not want your email 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. Florida Statute 668.6076 CITY OF OKEECHOBEE E-MAIL DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. Patty Burnette From: Lane Gamiotea Sent: Monday, January 30, 2017 12:15 PM To: sdobbs@stevedobbsengineering.com Cc: Bobbie Jenkins; Patty Burnette; Marcos Montes De Oca; LaRue Planning -Bill Brisson Subject: Rear setback confirmation Importance: High Steve, Please confirm the footage for the rear based on the drawing/site plan for Block 142, Lots 7-12 CITY OF OKEECHOBEE. The only found on the site plan is a 16.6' notation. However, Mr. Brisson was confirming all the calculations, your notation "19' minimum variance" has 2 arrows pointing to 2 different areas of existing structures, 1 being the 1 -story steel building & it has the 16.6' from the structure to the property line; the 2nd points to the COV CONC. Structure, there isn't a distance notated from the edge of this structure to the property line. When calculating it appears to be 12.3'(150.0'-35.0'-78.7'-24.0'=12.3'), can you confirm this since we need to be certain we have the correct REAR SET BACK on the Variance Petition. Thanks! (PS — time is of the essence, we're past the deadline to send the advertisement to the newspaper) Lane Earnest-Gamiotea, CMC City Clerk/Personnel Administrator City of Okeechobee 55 Southeast 3rd Avenue, Okeechobee, FL 34974 Office: 863.763.3372 x215 Fax: 863.763.1686 Cell: 863.697.0345 •�� '.�, bus �F AL PUBLIC RECORDS NOTICE: Under Florida law, email addresses are public records. If you do not want your email 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. Florida Statute 668.6076 CITY OF OKEECHOBEE E-MAIL DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. Patty Burnette From: Lane Gamiotea Sent: Monday, January 30, 2017 3:45 PM To: Steven L. Dobbs - archive; Bobbie Jenkins Cc: Patty Burnette; LaRue Planning -Bill Brisson; Marcos Montes De Oca; Robin Brock Subject: .8�ww�iFq 01-10` Hey Steve, I forwarded the revised site plan onto Bill & Patty, as they're the ones who need it for the BOA mtg. s r� k►e - ake c a yc r f th ,f'*,tition,,.yo �I I�nQw Eo LThanks! l., % Lane Earnest-Gamiotea, CMC City Clerk/Personnel Administrator City of Okeechobee 55 Southeast 3rd Avenue, Okeechobee, FL 34974 Office: 863.763.3372 x215 Fax: 863.763.1686 Cell: 863.697.0345 PUBLIC RECORDS NOTICE: Under Florida law, email addresses are public records. If you do not want your email 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. Florida Statute 668.6076 CITY OF OKEECHOBEE E-MAIL DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. From: Steven L. Dobbs - archive[mailto:sdobbs@stevedobbsengineering.com] Sent: Monday, January 30, 2017 2:22 PM To: Bobbie Jenkins; Lane Gamiotea Subject: Heritage Family 44 avast This email has been checked for viruses by Avast antivirus software. www.avast.com Patty Burnette From: *Mn L. i archive <sdobbs@stevedobbsengineering.com> Sent: Monday, January 30, 2017 6:28 PM To: Patty Burnette Cc: Lane Gamiotea; Marcos Montes De Oca; Robin Brock Subject: Emailing: 2016-056 requestforLUchange Variance 20170130, 2016-056 Variance App 20170130 Attachments: 2016-056 "questforLUchange traria 20170130.docx; 2016-056 Variance App 20170130.pdf Please find attached the application and request updated to match the requested variances. Please do not hesitate to call with any questions. Steven L. Dobbs, P. E. Steven L. Dobbs Engineering, LLC PLEASE NOTE THE NEW OFFICE ADDRESS OFFICE: 200 NW 5th Street Okeechobee, FL 34972 1062 Jakes Way Okeechobee, FL 34974 Phone: 863-824-7644 Cell: 863-634-0194 sdobbs cDstevedobbsengineering.com ************************************ This e-mail and any files transmitted with it are proprietary and intended solely for the use of the individual or entity to whom they are addressed. If you have received this e-mail in error please notify the sender. Please note that any views or opinions presented in this e-mail are solely those of the author and do not necessarily represent those of Steven L. Dobbs Engineering, LLC. The recipient should check this e-mail and any attachments for the presence of viruses. SLD Engineering accepts no liability for any damage caused by any virus transmitted by this e- mail. ************************************ Your message is ready to be sent with the following file or link attachments: 2016-056 requestforLUchange Variance 20170130 2016-056 Variance App 20170130 Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. This email has been checked for viruses by Avast antivirus software. https://www.avast.com/antivirus Patty Burnette From: Patty Burnette Sent: Friday, February 03, 2017 10:30 AM re atl To: 'Steven L. Dobbs archive' Subject: Variance 17-002-V Attachments: Page 10 of Variance application.pdf Steve I need the top of page 10 of the application updated with the last revised information as well. Please send over ASAP. Thank you. Patty M. Burnette General Services Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, FL 34974 Tel: 863-763-3372 ext. 218 Fax: 863-763-1686 e-mail: Dburnette(@citvofokeechobee.com website: www.citvofokeechobee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. -----Original Message ----- From: Steven L. Dobbs - archive [mai Ito: sdobbsanstevedobbsengineering.coml Sent: Monday, January 30, 2017 6:28 PM To: 'Brisson, Bill'; Patty Burnette Cc: Lane Gamiotea; Marcos Montes De Oca; Robin Brock Subject: Emailing: 2016-056 requestforLUchange Variance 20170130, 2016-056 Variance App 20170130 Please find attached the application and request updated to match the requested variances. Please do not hesitate to call with any questions. Steven L. Dobbs, P. E. Steven L. Dobbs Engineering, LLC Patty Burnette From: Patty Burnette Sent: Friday, February 03, 2017 1:18 PM To: bill@Iarueplanning.com Subject: Final revised pages for Variance Petition 17-002-V Attachments: Revised pgs for Variance Petition 17-002-V.pdf Bill, Please replace these pages with the ones previously emailed to you. Hopefully this will be the last revision. Have a good weekend. Patty Pa4-ty M. 13vrvv� genera(Services Coordinator City of Okeechobee 55 Sou.th.east 3rd venue Okeechobee, I'L 34974 Teff: 863-763-3372 ext. 218 Eax: 863-763-1686 e-maib pburnette@citUofokeechobee.com website: www.c0ofokeechobee.cont NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. 1 Patty Burnette From: Patty Burnette Sent: Friday, February 10, 2017 9:39 AM To: sdobbs@stevedobbsengineering.com; 'tom@yatesfuneralhome.com' Subject: February 16, 2017 Planning Board Meeting Attachments: Agenda February 2017.pdf, 17-002-V Staff Report.pdf Good Morning Gentleman, Please be advised that the Planning Board of the City of Okeechobee will be considering Variance Petition No. 17-002-V, reduce FRONT setback from 40 to 35 ft; REAR setback from 50 to 12.3 ft and 16.6 ft (from property line); and WEST -SIDE setback from 30 to 20 feet; in a CHV Zoning District, located at 205 NE 2nd Street, Lots 7 through 12 of Block 142, CITY OF OKEECHOBEE on Thursday, February 16, 2017 at 6:00 p.m., or as soon thereafter as possible, in the City Council Chambers. A copy of the Planning Board Agenda is attached, along with a copy of the Staff Report. Should you have any questions, or if you, or a representative, cannot attend this meeting please let me know. Thank you, Patty PMty M. 6v_rKt 1v GeneraCServices Coordinator City of Okeec6o6ee SS Sout6east 3rd Avenue Okeec6o6ee, TL 34974 T"e6 863-763-3372 ext. 218 Tax: 863-763-1686 e -mad pburnette@cityofokeechobee.com website: www.cituofokeechobee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. t- 1 Patty Burnette From: Patty Burnette Sent: Thursday, February 23, 2017 10:06 AM To: 'Bobby Keefe (robert.m.keefe@me.com)';'douglas_mccoy@doh.state.fl.us'; 'Elbert Batton (elbert.platbuilders@gmail.com)'; 'Elbert Batton (embatton@hotmail.com)'; jadthoover@gmail.com';'johncook@cityofokeechobee.com'; 'khbrass@live.com'; 'Lmccreary@ceeco.net'; 'Mac Jonassaint (mjonassaint@aol.com)'; 'Michelle Baughman (bbsitedevelopmentinc@gmail.com)'; 'rbrock@cityofokeechobee.com'; 'skullhillsteel@yahoo.com'; 'William O'Brien (william,j_obrien@yahoo.com)' Cc: bill@larueplanning.com; Marcos Montes De Oca (mmontesdeoca@cityofokeechobee.com) Subject: Requirement in regards to February 16, 2017 Planning Board Meeting Attachments: &rma ,BB.Memoranclum of Voting Conflict -Planning Board.pdf ,= Good Morning. Attached is Form 8B Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers form that was submitted by Board Member Batton and received by myself as Board Secretary today, February 23, 2017 in regards to Variance Petition No. 17-002-V. I am sending this email for your records and information as part of the requirements. Thank you, Patty Paffy M. l3tW",f & GeneraCServices Coordinator City of Okeechobee SS Southeast 3rd Avenue Okeec6 bee, TL 34974 11Jeh 863-763-3372 ext. 218 Tax: 863-763-1686 e-maif- pburnette@ckyofokeecho6ee.com T -website: www.cityofokeechobee.com J NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. F-8 hU S` 2��gdA"L FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME -MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUT ORITY, OR COM EE jo Ztl MAILING ADDRESS _ THE BOARD, COUNCIL, COMMISSION, AtITHORITY OR COMM E ON SERVE OF: �+ WHICH I IS A UNIT CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY CITY COUNTY M` OF POLITICAL SUBDIVISION: e e e /� �n;- i'� l �i ` DATE N WHICH VOTE OCCURRED MY PO IT N IS:Z k ElELECTIVE APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 PAGE 1 s APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, e- hereby disclose that on P_�%`lw�t1 �/ r (0 20 (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, �nured to the special gain or loss of ( QT 1 (K12, Pe b}�- Q n (s p �� - fj Q r T(t C by whom I am retained; or inured to the special gain or loss of which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Al, w ;�h P a e t -r 4�>° C't i iai rN - ,e1r�lrceGLhti IL © 1 Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B -EFF. 1/2000 PAGE 2 9 9 ..,.�"t-- M7"ww –tet �yyy� 7 Q-1 9;7 �t IN Staff Report Variance Request Prepared for Applicant: Petition No.: The City of Okeechobee Family Heritage Holdings, LLC 17-002-V hiiPlanning Mana ement Services, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 239334-3366 Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Family Heritage Holdings, LLC Variance Request Petition No. 17-002-V The Applicant is requesting variances to retain the current setbacks. The following table shows the required setbacks for a private club, the current setbacks on the property, and the size of the variances requested. Yard Description Setbacks Required Current Variance from Required for Private Club Setbacks Minimum Yard Setbacks North (Rear w/Garage) 25' 16.6' 8.4' North (Rear w/covered concrete parking) abutting 35'12.3' 22.7' residential zoning district) (50' less 15' alley) South (Primary front) 40' 35' 5' East (Secondary front @ 75% of primary front) 30' 106' No Variance West (Secondary front @ 75% of primary front) 30' 20' 10' *Sec. 90-285, Lot and Structure requirements for the CHV District Subsection (2)b. states: "The width of an adjacent street or alley may be applied to the increased setback required when abutting a residential district. Serving Florida Local Governments Since 1988 Staff Report Variance Request Applicant's Name: Family Heritage Holdings, LLC Petition No. 17-002-V Future Land Use Map Classification North Zoning District Existing Land Use Future Land Use Map Classification East 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 West 100 feet, Commercial; Mid 50 feet, Multifamily; East 150 feet, Commercial West150 feet, RMF; East 150 feet, CHV Office buildings Commercial CHV Office Building Commercial CBD 11® Two Single-family homes and retail Commercial CHV Design Studio and bulk storage 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. 3 Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Family Heritage Holdings, LLC Variance Request Petition No. 17-002-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). "The variance is required to overcome the requirements of the anticipated sale as described above. When the building was built, the use of this building changing could not have been anticipated." Staff Comment: There are no unique physical conditions of the site. It is an essentially rectangular one -acre parcel containing a permitted use developed in conformance with the development standards of the CHV district. It is the use the Applicant wishes to place on the property that is unique. While a private club is a permitted use in the district, it is subject to the special requirements set forth in Sec. 90-698. While the property meets the location and minimum lot area requirements of this section, the existing building was constructed to the standard setback applicable to the vast majority of uses allowable in the CHV District. The fact that the existing structures do not meet the requirements applicable to a special use does not constitute a hardship. Rather, it clearly suggests that the building is not suited to the use the Applicant wishes to place in the existing building. If the building(s) were to be torn down, a new private club could easily be accommodated on the site. The fact that the Applicant does not wish to absorb the cost of demolition and reconstruction is not a hardship. 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.) "The minimum requested variance require for this change of use are 33.4' for the west building and a 37.7' for the east building, 10' side (west) setback, and a 5' front (south) variance as shown on the exhibit. Staff Comment: The Applicant has not stated why these are the minimums for the requested variances. It is clear, however, that what the Applicant deems to be the minimum setbacks are those at which the buildings were originally built. Again, the fact that the Applicant does not wish to modify or demolish and reconstruct the existing buildings to the minimum setbacks required by Sec. 90-698 does not constitute a hardship as defined in the Land Development Regulations. It may be a severe impediment to the Applicant's wishes and economic feasibility, but it does not qualify as a hardship. 4 Serving Florida local Governments Since 1988 Staff Report Applicant's Name: Family Heritage Holdings, LLC Variance Request Petition No. 17-002-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. Staff comments are shown in this Arial typeface. 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. "As mentioned previously, the existing building was constructed and met the requirements of Heavy Commercial zoning, however a change of use would be required for the sale of the building to proceed. This is use allowed in the existing zoning district. The variance is required due to the pending sale of the property, so this request would not impact other land or structures in the same zoning district." Staff Comment: There are no special conditions and circumstances that are peculiar to the land or structure involved. The property is essentially a rectangular one -acre parcel containing a permitted use developed in conformance with the standard setbacks of the CHV district. The setbacks applicable to the existing structure are applicable to every other use allowable in the CHV District, except those special uses that are required to have greater setbacks by virtue of their being listed under Sec. 90-698. Of the 15 permitted uses in the CHV District, only "private club, nightclub" is required to have an increased minimum setback. Of the 27 special exception uses allowable in the CHV District, only four have increased minimum setbacks (Auto service station, House of worship and Adult family care homes, assisted living facilities, and Nursing home). Obviously, it is not the land or existing structure which exhibits special conditions or circumstances. Rather, it is the use the Applicant wishes to place on the property (a private club) that is unique and which requires increased setbacks. While the property meets the location and minimum lot area requirements of this section, the existing building was constructed to the standard setbacks applicable to all but a few uses allowable in the CHV District. Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Family Heritage Holdings, LLC Variance Request Petition No. 17-002-V 2. The special conditions and circumstances do not result from actions of the applicant. "The applicant cannot use the building as they need under Sec. 90-698 as described above. The special conditions result from the pending sale of the property and change of use, not directly as a result of the applicant." Staff Comment: I disagree. It is the applicant who is placing himself/herself in the position of requiring a variance because he/she has chosen a property that is developed in a manner that does not meet the requirements applicable to that use. 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. "If the sale of the building and the change of use is granted, the building will not meet setback on the north, west and south side of the property under a literal interpretation of the Land Development Code. To remedy this situation would place an undue hardship on the applicant." Staff Comment: Again, the fact that the Applicant does not wish to modify or demolish and reconstruct the existing buildings to the minimum setbacks required by Sec. 90-698 does not constitute a hardship as defined in the Land Development Regulations. It may be a severe impediment to the Applicant's wishes and economic feasibility, but it does not qualify as a hardship. 4. The variance, if granted, is the minimum variance necessary to make possible the reasonable use of the land or structure. "The requested variance is the minimum variance necessary to make possible the reasonable use of the structure." Staff Comment: It is clear the Applicant considers the minimum setbacks necessary for reasonable use of the structures are those at which the buildings were originally built. These setbacks are suitable for almost every other use allowable in the CHV District. The fact that the land and structures, as currently configured, may not be suitable for one specific use desired by a potential buyer does not eliminate all reasonable uses of the property. C.1 Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Family Heritage Holdings, LLC Variance Request Petition No. 17-002-V 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. "The City of Okeechobee has traditionally reviewed these types of variances on a site specific basis. Without the requested variances, the building could not feasibly be used as a Private Club, nightclub or bar. The requested variance will allow the building to be used as intended by the pending sale as a Private Club." Staff Comment: All variances are required to be reviewed on a site-specific basis; that is the very nature of a variance. This does not mean, however, that if an owner or prospective purchaser of a property cannot achieve specifically what he/she desires that the granting of a variance is warranted. The Board must find that each of the six findings have been met. Approval of these requested variances will most assuredly grant to this property privileges that are not accorded other properties in the district. To grant these variances will set a precedent that any use, for which greater setbacks have been determined to be necessary, can expect to be approved to occupy existing structures which have not been constructed in a manner that meets the special requirements of the proposed use. 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. " Granting this variance will be compatible with the Land Development Code and will not be injurious to the neighborhood as all functions of the Private Club will be completed inside the building, nor detrimental to the public welfare as again all functions required by this facility will take place inside the building." Staff Comment: The requested variances are not compatible with the LDC because the proposed use, a private club, has been determined to be of a character that requires greater setbacks than the standard setbacks applicable to most other uses allowable in the CHV District. The fact that the Applicant claims that all functions will be conducted inside the building does not overcome the need for the use to be adequately setback from adjoining roadways or adjacent properties. Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Family Heritage Holdings, LLC Variance Request Petition No. 17-002-V Based upon the foregoing information and comments, which show that the requested variances meet neither of the two standards, and none of the six findings, required for the granting of a variance by the Board of Adjustment, Staff strongly recommends denial of the requested variances. Submitted by. - Wm. F. Brisson, AICP Planning Consultant February 8, 2017 Board of Adjustment Hearing: February 16, 2017 Attachments: Future Land Use Map Zoning Map Aerial Photograph Showing Existing Land Uses Serving Florida Local Governments Since 1988 Staff Report Variance Request iQ Applicant's Name: Family Heritage Holdings, LLC Petition No. 17-002-V FUTURE LAND USE MAP SUBJECT SITE AND ENVIRONS M L� 4 - NE 3rd St. in ., COMPREHENSIVE PLAN LAND USE SINGLE - FAMILY - MULTI - FAMILY COMMERCIAL INDUSTRIAL PUBLIC FACILITIES 0 RESIDENTIAL MIXED USE 0 Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Family Heritage Holdings, LLC Variance Request Petition No. 17-002-V ZONING MAP SUBJECT SITE AND ENVIRONS t. C- N W Z ZONING CBD - COMM BUSINESS DISTRICT C"V - HEAVY COMMERCIAL CLT- LIGHT COMMERCIAL CPO - COMM PROFESSIONAL OFFICE H -HOLDING IND - INDUSTRIAL PUB - PUBLIC FACILITIES PUD -MIXED PUD -R RMF RESIDENTIAL MULTIFAMILY RUM - RESIDENTIAL MOBILE "DME RSFI- RESIDENTIALSINGLEFAMILY 2'IF2 - RESIDENTIAL SINGLE FAMILY ;2 Q M W Z NE 3rd St. Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Family Heritage Holdings, LLC Variance Request Petition No. 17-002-V AERIAL PHOTOGRAPH SHOWING EXISTING LAND USES J Drainage for !!4' IE 211D ST Mores Ir+ tIjSF `�S r Serving Florida Local Governments Since 1988 147WIM INDEPENDENT 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, Florida, that the attached copy of advertisement being a aiLjj./ #Lj-7(,Z,, in the matter of JA -k in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of _�'/r;�1(D-0f-7 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 this g -W- day of - 0 AD Notary Public/�State of Florida at Large Okeechc 107 SW 17th %j Okeechobee, 863-763- /f\/1" J1 1 3 , �p� YVVV r 61�,y+I� �{ V( f MMM (((JJJ777 t, Suite D' Fila 34974 PUBLIC NOTICE CONSIDERATION OF A PROPOSED VARIANCE NOTICE IS HEREBY GIVEN thata QUASI-7UDICLAL PUBLIC HEA ING will be hew before the Gty of Okeechobee Board of Ad)ustment Thurs February 16 2017 6:00 PM, or as soon thereafter as post at City Hall, 55 SE 3ra Ave, (.rouncil.Chambers, Rm 200, Okeechobee, FL, consider and receive input on Variance Petitia No. 17-oB2•V, submitted Mr. Thomas Conway, Sr. (Registered Agent), Family Heritage Holdings, U the property owner. The request Is to reduce the FRONT setback from 40 to 35 feet and t RFAR actual property tine setback from 50 to 12.3 feet within a Heavy Ca mercial toning District, Supplemental Use Regulations for a private cL nightclub and bar requirements; Ref Code Bak Section 90698. Addition ly, reducing the WFSf-SIDE setback from 30 to 20 feet, Yards on corn bts ref. Code Book Section 90147. The pLegi roperty thrroough 1122 of Bof lock 14�CITY OFlocated at 205 NE 2nd OKEECHOBEE,, PI t 5, Page 5, public records of Okeechobee County, Florida. The petition may be Inspected at the address above during regular busine hours, Mon -Fri, 8 AM -4:30 PM, except for holidays. The public Is encou aged to attend. The Board of Adjustment serves as the decision makir body on this matter to approve or deny Variances. ANY PERSON DECIDING TO APPEAL any decision made by the Boa verbatlmrecord� onf rho tier considered at this meeting will need to ensure proceeding Is made and the recordincludesthe test morry and evidence upon which the appeal will be based. In accordarx with the Amerirarhs with Disabilities Act (ADA), any person with a disabilt as defined by the ADA, that needs special accommodation to participate this proceeding, contact the General Services Office no later than two bus ness days prior to proceeding, 863-763.3372. BE ADVISED that should you Intend to show any document, ppktrue, vide or Items to the Bard in support or opposition to arty Item on the agenda; copy of the document, picture, video, or item must be provided to th Bard Secretary for the Crtys records. Marcos Montes De Oca, Petition No. 17.002-V a) ANGIE BRIDGES MyCOMMISSION #FF9�7,�6149 BWWThrUI Notary Public Underwriters Okeechc 107 SW 17th %j Okeechobee, 863-763- /f\/1" J1 1 3 , �p� YVVV r 61�,y+I� �{ V( f MMM (((JJJ777 t, Suite D' Fila 34974 PUBLIC NOTICE CONSIDERATION OF A PROPOSED VARIANCE NOTICE IS HEREBY GIVEN thata QUASI-7UDICLAL PUBLIC HEA ING will be hew before the Gty of Okeechobee Board of Ad)ustment Thurs February 16 2017 6:00 PM, or as soon thereafter as post at City Hall, 55 SE 3ra Ave, (.rouncil.Chambers, Rm 200, Okeechobee, FL, consider and receive input on Variance Petitia No. 17-oB2•V, submitted Mr. Thomas Conway, Sr. (Registered Agent), Family Heritage Holdings, U the property owner. The request Is to reduce the FRONT setback from 40 to 35 feet and t RFAR actual property tine setback from 50 to 12.3 feet within a Heavy Ca mercial toning District, Supplemental Use Regulations for a private cL nightclub and bar requirements; Ref Code Bak Section 90698. Addition ly, reducing the WFSf-SIDE setback from 30 to 20 feet, Yards on corn bts ref. Code Book Section 90147. The pLegi roperty thrroough 1122 of Bof lock 14�CITY OFlocated at 205 NE 2nd OKEECHOBEE,, PI t 5, Page 5, public records of Okeechobee County, Florida. The petition may be Inspected at the address above during regular busine hours, Mon -Fri, 8 AM -4:30 PM, except for holidays. The public Is encou aged to attend. The Board of Adjustment serves as the decision makir body on this matter to approve or deny Variances. ANY PERSON DECIDING TO APPEAL any decision made by the Boa verbatlmrecord� onf rho tier considered at this meeting will need to ensure proceeding Is made and the recordincludesthe test morry and evidence upon which the appeal will be based. In accordarx with the Amerirarhs with Disabilities Act (ADA), any person with a disabilt as defined by the ADA, that needs special accommodation to participate this proceeding, contact the General Services Office no later than two bus ness days prior to proceeding, 863-763.3372. BE ADVISED that should you Intend to show any document, ppktrue, vide or Items to the Bard in support or opposition to arty Item on the agenda; copy of the document, picture, video, or item must be provided to th Bard Secretary for the Crtys records. Marcos Montes De Oca, Petition No. 17.002-V a) CITY OF OKEECHOBEE Office of the City Clerk 55 SE 3rd Avenue Okeechobee, FL 34974 Email Transmittal 863-763-3372 ext. 215 To: Independent Newspapers, Inc. - Okeechobee News - Ad Dept. Attention: Janet Levy, jlevyC�newszap.com From: Bobbie Jenkins, Deputy Clerk, bjenkins _cityofokeechobee.com Ad Type: Legal Publish On: Wed. 2/1 & 2/8 Proof of Affidavit(s): 1 Authorized By: Date: Email Date/Time: Ad/Order# Amount $: Proofed By: Date to Finance: Draw#:704201 5 #: Check #: Mailed On: PUBLIC NOTICE CONSIDERATION OF A PROPOSED VARIANCE NOTICE IS HEREBY GIVEN that a QUASI-JUDICIAL PUBLIC HEARING will be held before the City of Okeechobee Board of Adjustment on Thurs, February 16, 2017, 6:00 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. 17-002-V, submitted by Mr. Thomas Conway, Sr. (Registered Agent), Family Heritage Holdings, LLC, the property owner. The request is to reduce the FRONT setback from 40 to 35 feet and the REAR actual property line setback from 50 to 12.3 feet within a Heavy Commercial Zoning District, Supplemental Use Regulations for a private club, nightclub and bar requirements; Ref. Code Book Section 90-698. Additionally, reducing the WEST -SIDE setback from 30 to 20 feet, Yards on corner lots ref. Code Book Section 90-447. The property consists of 1.033± acres, located at 205 NE 2nd Street. Legal: Lots 7 through 12 of Block 142, CITY OF OKEECHOBEE, Plat Book 5, Page 5, public records of Okeechobee County, Florida. The petition may be inspected at the address above during regular business hours, Mon -Fri, 8 AM - 4:30 PM, except for holidays. The public is encouraged 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 respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Services Office no later than two business days prior to proceeding, 863-763-3372.