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2005-02-22 - CITY OF OKEECHOBEE BOARD OF ADJUSTMENT FEBRUARY 22, 2005 SUMMARY OF BOARD ACTION Page 1 of 5 I A('pTION...iJ)ISCUSSlON··....VOTE I I. CALL TO ORDER - Chairperson. Board of Adjustment, February 22,2005, 7:00 p.m. Chairperson Ledferd called the February 22,2005 Board of Adjustment meeting to order at 7:00 p.m. .1. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary. Board Secretary Cook called the roll: Chairperson Bill Ledferd Present Vice-Chairperson Dawn Hoover Absent (with consent) Board Member Daniel Creech Absent (without consent) Board Member Kenneth Keller Present Board Member Thomas Keller Present Board Member Christopher Mavroides Present Board Member Douglas McCoy Present Alternate Sandra Jones Present - Serving as voting member. Alternate Devin Maxwell Present - Serving as voting member. Attorney John R. Cook Present Secretary Katrina Cook Present III. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action Board Member McCoy moved to dispense with the reading and approve the Summary of Board for the November 23,2004 regular meeting. Action for the November 23,2004 regular meeting; seconded by Board Member T. Keller. VOTE JONES - YEA K. KELLER - YEA T. KELLER - YEA LEDFERD - YEA MA VROIDES - YEA McCoy- YEA MAXWELL - YEA MOTION CARRIED. - February 22, 2005 - Board of Adjustment - Page 2 of 5 I AGENDA /I i\CTION"J)ISCUSSION..VOTE I IV. NEW BUSINESS. A. Consider Petition 05-001- V: Whidden Enterprises, Inc. is the property owner, There were no comments from the Planning Staff's representative, Jock Robertson, as he was not John Whidden is the applicant. The subject property is located at 221 N .E. Park familiar with the application. Street. The purpose for the request is to allow for a parking or loading space to open directly onto a City Street - Exhibit 1. The Board Members briefly reviewed the Staff Report themselves as follows: Planning Staff Report Introduction: The applicant is requesting a variance from Section 90- . 511 (e )(2) of the City of Okeechobee Land Development Code to allow the applicant to continue using parking on the east side of the structure which requires cars to back out into NE 3rd A venue. The subject property is located within the CHV Zoning District. Planning Staff Report Background: The subject property is approximately 0.162 acres fronting on State Road 70. The applicant intends to change the use of the property from a pawn shop to a restaurant. The dwelling does have public utilities and the adjoining property users are as follows: North: Commercial; East: Commercial; South: Public (City Government); West: Commercial. Planning Staff Report Discussion: After reviewing this application, Staff has determined that the request generally does satisfy the criteria outlined below for granting the variance: (A) There are no special conditions or circumstances which are peculiar to the land or the structure to warrant this variance. The parking required for the property has existed in a non-conforming status for a pawn shop. However, the requested continuance would not be suitable for a restaurant because the backing out onto a street intensifies if a use is changed. (B) The special conditions and s ances wou resu rom e app lcant s actIOns. ta can reasonably validate that the proposed use would create a condition that would be the result of the applicant's actions. (C) Literal interpretation and enforcement of the Land Development Code would not deprive the applicants of any rights enjoyed by others within this zoning district. In fact, the enforcement of the Code in this case is protecting the public from any unsafe conditions that might result from allowing this variance request. (D) The request by the applicant is not the minimum variance necessary to make possibile the reasonable use of the structure. The applicant simply does not have enough space for a restaurant. If allowed, however, the site would create hazardous conditions that are specifically denied by the Land Development Code. It should also be noted that the applicant is requesting a 20% reduction in parking that also cannot be justified because ofthe changes in use of the property. (E) Yes, granting this request will confer special privileges to the applicant that are denied to others within the CHV Zoning District. - February 22, 2005 - Board of Adjustment - Page 3 of 5 I II I IV. NEW BUSINESS CONTINUED. Planning Staff Report Discussion, continued: (F) Granting this variance would be incompatible A. Consider Petition 05-001- V, continued. with the Land Development Code and would also be injurious to the neighborhood and detrimental to the public welfare. Planning Staff Report Recommendation: Staff recommends denial of the request to allow a variance from Section 90-511 (e )(2) permitting the applicant to continue parking on the east side of the building which would cause exiting vehicles to back out into NE 3rd Avenue. . John Whidden, applicant, briefly explained the request to the Board Members. He explained that he is proposing to have three parking spaces along the eastern side of his building that open directly onto the City Street. Mr. Whidden also explained that he has an agreement between himself and the Newman's allowing him to use five of the parking spaces at their unoccupied building located next door. Mr. Whidden stated that he had come before the Technical Review Committee last week and they requested that he add some landscaping, and a use of alley agreement from the City. Mr. Whidden provided a copy of the revised plan, including the landscaping. He also noted that he was working with Lane Gamiotea, City Clerk, regarding the Use of Alley Agreement. Board Member McCoy questioned whether the parking spaces would be long enough? Mr. Whidden explained that the spaces were 25 feet in length. . Chairperson Ledferd questioned whether there would be a problem with the parking spaces backing e er exp ame t at e 1 n't think that the Department of Transportation would approve the three proposed spaces that are located nearest to Highway 70. Mr. Ledferd continued by explaining that in his opinion the parking spaces are a safety hazard. Board Member Mavroides questioned the non-conforming status of the building, he explained that the use of a pawn shop would be less volume than a restaurant. Mr. Whidden responded that the restaurant would be a higher volume than the pawn shop, however it would be limited hours, like around lunch time and dinner time. Mr. Whidden also explained that Northeast 3rd A venue is not a high volume street. He continued by explaining that he has been there 14 years and that there have been no accidents or traffic problems related to his business. - I Februa ,¡ 22, 2005 - Board of Adjustment - Page 4 of 5 II I IV. NEW BUSINESS CONTINUED. A. Consider Petition 05-001-V, continued. Board Member K. Keller questioned the Board Attorney regarding Skip's Bar-B-Que. He eXplained that it had recently changed owners and that they are still using the parking spaces located in the front of the building that back out onto SE 6th Street. Attorney Cook explained that he wasn't aware of the proposed plan for Skip's Bar-B-Que, but would check with the City Engineer regarding that situation. John Whidden also mentioned that Kahootz had recently been sold, and they use parking spaces . that back out onto NW 7th A venue. Attorney Cook recommended the Board to table Petition 05-001- V so that he could further investigate the request. Board Member Maxwell requested that the duration of the commitment, as well as the location of the spaces and their relation to the actual restaurant site be added to the shared parking agreement. Board Member McCoy motioned to table Petition 05-001- V so that the Board Attorney could further investigate the request; seconded by Board Member Jones. VOTE JONES - YEA K. KELLER - YEA . LEDFERD - YEA MCCoy- YEA MAXWELL - YEA MOTION CARRIED. - V. ADJOURNMENT - Chairperson. There being no further items on the agenda, Chairperson William Ledferd adjourned the meeting at 7:20 p.m. -- PLEASE TAKE ;\iOTICE AND BE ADVISED that ifany person desires to appeal any decision made by the Board of Adjustment with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings. and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services tapes are for the sole purpose of backup for official records of the Department. ¡¿j¿{{. r::.,L 'N ::;.¿: c...-- '- ~, ~~ . ATTES~Xk; William Ledferd, ~irperson CCOU \..i4Î..O- Katrina Cook, Secretary ~ ~ {\J ,~ " f~; f F r · PAGE -1- CITY OF OKEECHOBEE . FEBRUARY 22, 2005 . BOARD OF ADJUSTMENTS - HANDWRITTEN MINUTES .m. II. CHAIRPERSON, BOARD MEMBER STAFF ATTENDANCE· Secret ry. Present Absent Chairperson William Ledferd / Vice-Chairperson Dawn Hoover / Board Member Daniel Creech / Board Member Kenneth Keller / Board Member Thomas Keller J Board Member Christopher Mavroides Board Member Douglas McCoy J Alternate Sandra Jones 'ì; V 01> ~~h) Alternate Devin Maxwell \y\Çì(Yl, Attorney John R. Cook t/ Secretary Katrina Cook ./ III. MINUTES· Secretary. A. Board Member Oml. moved to dispense with the reading an approve the Summary of A~cy Action for the November 23, 2004 Regular Meeting; secon ed by Board Member \ \~ . VOTE YEA NAY ABSTAIN ABSENT Creech Hoover K. Keller T. Keller Ledferd Mavroides McCoy MOTION: CARRIED - DENIED . PAGE -2- IV. New Business - City Planning Consultant. . . .' E t rises Inc. is the roperty owner, John Whidden A. Consider Petition OS-001-Y, Whidden ,n ~rp t d ~t 221 N E P rk Street. The purpose for is the applic.ant. The sUf bJect prko.pertYr \~a~~~ge Space to ~p~n directly onto a City Street - the request IS to allow or a par mg 0 Exhibit 1. To \\ h \J'.J Y\ '\ ció...,Ln \ QÇ>Ç) \-AJ~\- I JuY- l1lU1..Qd -+~ r9'vW::l--\---· \ 'r\Clhol~.Û-p ~ reG) fXl~ tol tcui~ Lrrto --t-\tv C~L~i à -i Y nd· r\J 0 -t r 0 f-h ( (~~Q/l problrìt-LrYlS. \~ òp U:) 0 ~~ ò+r-Ù---t 3 0" 3t'f -LtA- 5 pcu l U10¡ ð-t N2,INlY1Clt1- ~.-\ Q lot 11 0 Pf 3tf -iÆ ~ õyJOt J t 01-D..L- J.o\\J\ eoo't.· ~COYYL\.n~ fV\ü/' ng \A.1 ( TPc"/ J\0 - \GtS+ \IV U ( - Y\ttoLQd L' dSCiJ f L n1 Qdcted an suÞn1lthcl revised drtlvv'ncys US( 0 ~ a lle \1 oý(JI1'-/- - CtblM { ++cd -to l(lxlQ. Dfy\- -SÇV-C.LD lonD] -e,nou.gh? Jvv ~ d-~ fuJ OSphCLU- t6L - W!:5tonoLard\' met YS H -Prom DOT \to v\J Uî rtt0"{ 10. (Jœx. (l.ClQGlt) - t5()Lt\ìds' 'vag It I y+a01 d l-o. r CJvl- non conrov lY1U10 (5to1\.iS - wi PQ~'\Jn ðhop - YìlC\ht\ volu-vYU wi n5~ ? JW'- \j Q S - \ l (y) l*d I Ltnch d Uì f'VJ/ f hell-. v j 1\1 L 3 f d A I(L - no -I- a h ¡ q h ·-Jf Q t-- h' c S+r .¿-LA· bQÆn ,-~t \ ~ \f r \ v,)} . . ~_YY'U.. Vel r 1L\.Jì C) - no ac.ClOLtY)'-{:s 'ßL - ,-t1rûrt -\ par \LUìc; s eC\.L~/V aoni ·-fhcnlL DJT W LA) CtpproV't . WYltY( I I ( I YOUf þQ \¡oJ I 0 lÁ-t 3 ~ JW - teet LI.Q -h On 0 ~ Ç><:U IL lfJ'1 fCe¡ ~J +- W'OGl!d b-Q. YltMS;SCLfGl. Dm - hoV\J VY1o.n Lf 0 Pf j 1-ru_ -f ? J\/v - \'d G-t rh~ ) 0 CCtnOn '5 at fV ~, GU m0tfl3 13l- \+c \y\ C-' - Of\ La R ~\JLO 0+ CÅ- f * pO V -f. \fCl\\ftXìCL - \\.Ud 'k> çroove h JdShc{J J\N - \ W\ouIl<Jtand /- puXchélQ£d 'qQ rod ++~uJ PÚJ lGUlCJ a II --H~-h( 3 opdUS' Ins-Hoc{ [)~ ':) C~k ( hn~) K\(- 5~~,~5 bOllVìC) m+c 5~+ J(- a Cíì.-I~ \U1 C V1J w ho..+ tn q I tJ a" no¡ P nj' arc" ft·, StGV5 , -to.'ü\'è ?~trhoVl - 0\(~S \is Wh dd.H! JV\J - 6+c\rv\. to/'Lt-oI+hct-t l1Z~ ctppvOV'ed IQnd {()9 ~ QPrroVl~~ol VOMncf.. Jt- o L -tc (Y)cLy () 0-1 Þe SLLG 1tÆ bl () -Po y r -QS·f- 'S Ln Q-{ 0 Lt-e Ls' --teo SfhaJJ._ ßl - ~-k~ hCl'"ZClVd - ~\n u Lf:) So C,{Qj-e -to to _ Qhy IS 'S LLtcv YV.xcL ~ '. ~ (horz ~rQCA·h~. ·-Pur ~ \ \-k 0 A'fu Y' Q3+-· . . ßL- '( fL (: 0 m rYLt í'\d ~ ct 4 v-JJ2.. 9 j~ pON +-Vl vJ I \Jd\ n \ fLl rx; -f mOt14h .J\/\J - ~Cl\\OTI t S Q,l\o~VQ d --+0 Wct on-no L~\lt ò+r LL+ . 'bl - SG fctL{ ha 7. Cl rd - L-\n 0.. ct d t·il 0 0-1-0 for ürr\ - ct~,-'( ((t:t\O~Î 0 ~. Cor)') f1;11 -} rYun 4 I O£kj Çtlr \Ccn01 Wh·Q. +ru o +h.Q/l ~Q/:)./ a..-~ .lX\ R tlOV1 1-o+t\l S PUJ/ n.vss txY\c.. mo-hoVì -\-0+0., ~J LL / S' Secohd. . . PAGE -3- V. ADJOURNMENT - Chairperson Ledferd at 1 : ~ 0 p.m. CITY OF OKEECHOBEE BOARD OF ADJUSTMENT MEETING FEBRUARY 22~ 2005 OFFICIAL AGENDA PAGE 1 OF 1 I. CALL TO ORDER: Board of Adjustment, February 22, 2005, 7:00 p.m. - Chairperson. II. CHAIRPERSON, BOARD MEMBER AND STAFF ATTENDANCE - Secretary. . Chairperson William Ledferd Vice-Chairperson Dawn Hoover Board Member Daniel Creech Board Member Kenneth Keller Board Member Thomas Keller Board Member Christopher Mavroides Board Member Douglas McCoy Alternate Sandra Jones Alternate Devin Maxwell Attorney John R. Cook Secretary Katrina Cook III. MINUTES - Secretary. IV. NEW BUSINESS - City Planning Consultant. A. Consider Petition 05-001- V: Whidden Enterprises, Inc. is the property owner, John Whidden is the applicant. The subject property is located at 221 N.E. Park Street. The purpose for the request is to allow for a parking or loading space to open directly onto a City Street - Exhibit 1. V. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Board of Adjustment with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based Tapes are for the sole purpose of backup for official records of the Department of General Services. . . City of Okeechobee Date: Petition No. 5 - 00 I - V General Services Department Jurisdiction: A 55 S.E. 3rd Avenue, Room 101 2nd Hearing; J'ÍI(-\ Olœechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 ;¡ (}¿7~ Fax: (863) 763-1686 Notices Mailed;. V' A Owner mailing address: p p Name of applicant(s) if other than owner (state relationship): L I Applicant mailing address: C ~t A Name of contact person (state relationship): N 3~;5 ~ 35"'7;- T Contact erson daytime hone(s): V' Indicate current use of property: p Is there a current or recent use of the property that is/was a violation of county ordina ce? If so, describe: Ii) R 0 Have there been any land use applications concerning all or part of this property in th last year? If so, indicate date, P nature and applicant's name: E R Is a sale subject to this application being granted? 0 T Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: y re5 Describe adjoining land uses / improvements to the North: ¡: South: Existing zoning: Actions Requested: L.J Rezone L.J Special Exception Parcel Identification Number: 3-/}: 17- V' Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The infomation included in this application is for use by the City ofOkeechobee in processing my request. False or misleading information may be p ishable by a fine of up to ~Æ/ "p '" 30 day' and may '''"I' In ~' '"mma!)' d,nlal nf 'hi, appll .'inn. -:-~;)£11 /¡}h,J~/1 ' - l_ ature Printed Name· Date Uniform Land Use Application (rev. I/OJ) Palle I of 2 . " . " , .'. ' , ,. . ' Current zoning classification: Requested zoning cIassific:: tion: R What is your desired pennitted use W1der the proposed classification: E Z 0 N If granted, will the new zone be contiguous with a like zone? E Is a Special Exception necessary for your intended use? .. ariance? Describe the Special Exception sought: f- S P E C Provide specific LDR ordinance citation: I.·~ A L Are there other similar uses in the area? Is so, describe: E, X, C E Why would granting your request be in the best interest of the area and residents? P T I ,0 If business, briefly describe nature including number of employees, hours, noise g~ neration and activities to be N conducted outside of a building: . Describe Variance sought: A TIll (IIEJJ f- ,/ V ¡ ¿ ¿ . ) A " " ." R Describe physical characteristic of property that makes variance necessary: I A N C Did you cause or contribute to the characteristic? Is so, describe: E What is the minimum variance necessary? - - . . Describe Variance sought: To continue the use of parking on the east id of the uilding allowing cars to back onto NE 3 rd A venue 0 . Entrance of the building is on Highway 70, on south side of the bu lding. Describe physical characteristic of property that m kes variance necessary: The property is 50 feet wide and ] 42 feet deep. The b ilding sits on the southwest property line and has 25 feet of paved parki g on the southeast side of the building that is used for parking for the exis ing pawnshop. Did you cause or contribute to the characteristic? I so, describe: No. Building was built in 1973 and parking existing at ime of purchase. What is the minimum variance necessary? To allow backing onto NE 3rd Avenue from the parking along east side of building, as is done now with existing pawnshop. This eing four parking spaces including one handicap closest to front door entr nce on Highway 70 ....1 a 2Q~¡~;¡ iR I'affiing. \/vlll tJc> Cons I McJ Io~ .+t'U ® f\ecW..Q \ìG\) 0 r PL\.d:'.(. JCj rc~ lWJt. + +h.t.n C 1.( CoLific<ß. ~ . \ \è.L 'I Q.o~y\~y'\.;l;t;lL{ "mI\L~'L . V\i...l.v , I nf Ad j WJ f¡ My. W "U rlÜ'\ I:Jt V\t(!v tol Þ Lj ßo(\, co . I do..j 05 . . 2.) Applicants statement of interest in property: Ownership of the property since 1992. 10.) Statement of special reasons and basis for the request: To allowøng ~nto NE 3'd Avenue _,.:_ -- 1~' n~ -parkiRg;- 11.) Intended use, nature of activities and develop ment of property: To change existing pawnshop to a small 48 seat restaurant. 12.) Existing use of surrounding property listed 0 rI the application: Vacant lot on west side of property, residential} orne directly behind property, commercial business next to vacant 10 on west side, Indiantown Bank on the comer ofNE 2nd and be hind Indiantown Bank is a commercial strip plaza. I ~ ~ ~~ ID Number. 3-15-37-35-0010-01530_0120 · ....... #1 _. . [Space Above This Line For Recording at Warranty Deed This Indenture, Made this .;ll Sf day of August , 1992 AD., Between MILDRED B. FEREBEE, SURVIVING SPOUSE OF WARRE H. FEREBEE,DECEASED, NOW A SINGLE WOMAN, of the County of 0 KEECHOBEE _ _ __ ,_ S!~te()r Florida _ _ , grJPltor, and WHIDDEN ENTERPRISES, INC., a Corporation existing und r the laws of the state of FWRIDA wboseaddressis:221 E. NORTH PARK STREET, OKEECHOBEE, Florida 34974 of the County of OKEECHOBEE ,Slate of Florida , grantee. Witnesseth that the GRANTOR, for and in coDliideration of the sum of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - - - - - - - - - - - - - - - - - TEN & NO/l00($10.00) - - - - - - - - - -- - - - _ _ _ _ _ _ _ _ DOLLARS, and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, tb receipt whereof is hereby acknowledged, has granted, bargained and sold to the said GRANI'EE and GRANI'EE's successors and jgns forever, the following described land, situate,lying and being in the county of OKEECHOBEE Slate Florida to wit: LOT 12 OF BLOCK 153 IN THE TOWN OF OKEECHOBE , ACCORDING TO f ~) PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 1 , PUBLIC RECORDS 'If} OF ST. LUCIE COUNTY, FLORIDA, SAID PLAT ALSO BEING RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OK ECHOBEE COUNTY, FLORIDA. SAID LOT LYING IN AND COMPRISING A PART OF S TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, Subject to restrictions, reservations and ea record, if any, and taxes subsequent to 1991. -. --- -- -,-" ~.- - .._- -- --- and the grantor does hereby fully warrant the title to said land, and will defend the same agains lawful claims of all persons whomsoever. In Witness Whereof, the grantor has hereunto set her hand and seal he day and year first above written. Signed, sealed and delivered in our presence: I '-ßab. ~~~ (5<W) æO II- Hot¡Cl.f'\ i~ ~ P.O. Add_ P.O. BOX'''': ~K1!BCI10BBE. PI. 34973 Mf ~n /ru~ "c. . \ (5<W) /8 Y CI'T'F. ~ Witness "'-'.' 2 4 3 4 4 6 ~2 AlIG 2 R PI! 3: ! I (Seal) Gl ;..- " .',:; ; : - ~. . . --I .... CLERK Or C;;, ",,,¡\ lJ,;\ji\ \ (Seal) ST-ATE OF Florida~~-d COUNTY OF OKEECHOBEE The foregoing instrument was acknowledged before me this ,;¡ 1$ day of August, 1992 by MILDRED B. FEREBEE, ",\,"tU1"'I/11. who is personally known to me or who has produced her DRIVER'S LICENSE ~..."'~ \ .!-...8 ¡"""'- 'd ifi· wb d" s-"<.v .... .... ( % as lent lcatlon and 0 Id take an oath. ~ 4:- " TA '. ¿. '" " ~ "",0 Ry·. ~ This Document Prepared By: ¡¡ : : fT' = -. _-0 .-(_ snmu SELVEY :: .: g OKEB-TANTœ'ITl1.ECO. 'f1 ~D,' -r: \~""" .....~'t-/ C;;A.... ":0: , J': .... ... 'X--'v ~ 500 N.W. 6th SI'R:ERr, P. O. BOX 1211 NOTARY PUBUC "'II ~ OF FLO \"", III, ,,\ OKEECHOBEE, FL 34973 My Commission Expir "/////11111\ Nobry Public, Stale 0' florld. - -.-. - -- - ~~~i'1?~'9'..~)!reœs. InE.:..12?O_ _ _ _u.. ....___1__'__ r__¡.~_ lu n .."ft.. - c;-ò/ T--r--- --~--r-----r-- ------T ~ ! l , , ~ I \' : , - 1 J . ~ k l{,f 6l<;/¡h5 . 01JO! 1XJ.°1 ~td.o o(j.fO o/'fi. c(x.i-ó 91)/ j lJJ ¡ ! I I Ii . I I .- I I , L I, I ' V I~ '\ r ! I' I _ . ~ ~ I I I ~ . 'I . '" "1- i 0, ,,0 ¡ I:::::: ~ \"'\ i }L , . ~ , , \.- ; r ~ V ! í1 ".' . V i. (\(V'î '- !~ +1 1 'VI' I -' '- i V), ) \ ! 'i¡ 1 I ~ ;.' I I 0\ i'..i . ¡ I I' , :i . I . ¡ >- : I, d. I' I. . . I . I I i f<~)ò I Y;olò' fJ j cJtJ' I ~;ÙWa.!/'( ¡?ri!t ì-VJ.ý E,JrC'NL- ~ ídeWC{ I K_________________ N 1::. 3fd F\ve.,\î u'ê - LOCA nON MAP -~.,. N,~rd St .NG 3rdSt -, - .' -;---- ~---:--.-._-- .......-...---.+ ------- -.-- - l ~= ~;! : I NG 2nd St ~ ~--''''--~--8-'----------'----' ,¿ , . .5', 441 __ ®--~'>---'-- - ~ -IG>'"~~" r7)Qo e chobee 1 \ ,;. ,.'. c-c--,," ' / ;:: \ '<C ,~ ~ : 0 U1 .~-~ '.c:~ '(..:I "0.:-- :-------À--:;.-u .,',' "r ;þ. '~'ëi;Þ I ilL. SO ÞS-;;," ~~-~--,;--~- :--~'-->-~, .. 13J.¡ Q:, GI ON J-i ~ :~ j~~i -~ r ,c.-~ i .....t~f\S\ 8~ 1- b .L:::>í If LEGAL DESCRIPTION: ~~ "Jcoo 'eo" Ë 14-2 ,150 'e. f" ~ "--1) LOT 12, BLOCK 153, OKEECHOBEE. ACCORDING TO THE PLAT THEREOF ~ -i - RECORDED IN PLAT BOOK 5, PAGE 5, . ~ ~~) ~ ~ '-'J PUBLIC RECORDS OF OKEECHOBEE 1\1..:z rL U\ ~ ~ Ale, COUNTY, FLORIDA I IT- '" - rAb \. ~!- -0 ~ ß \í\ ) ADDRESS: 221 NE PÞ.RK STREET ' <t I"}?- ~ ;. -, .~ ~ ~ As¡I-f A-L-T 1': V""'<.L':i-:':-' / - ¡ OKEECHOBEE. FLOR!DP-. A <:;::-, ~c::;.j~1 ......, W0 - ~ \ ì :. SURVEY NOTES: 71 o ~LE. I"::: -1;JC> I - ~-;2 - 7 I ~ :z \/~''y'A~\( - :. NOT VALID UNLESS SEALED IJ!TH AN E"BOSSë:J \Jy I~ SURVEYOR'S SEAL. ¿U¡z.e, '(:. 2. LANDS SHOIJN HEREON IJERE NOT ABSTRACTED ¡ / FOR RIGHTS-OF-...lAY, EASEMENTS, OR OIJNE;:Si;:P I J '" il.:."\ 3. LAND DESCRIPTION HEREON IJAS PRO'/[¡][J SY ---_..u____ --------,-----'i--L~~\___ THE CLIENT. j /' -'. BEARINGS SHOIJN HEREON ARE: ¡;AS:: ON i,'E Lr- CENTERLINE. í tJ,t;:, , \ \ 5. THIS SURVEY NOT ìD BE USED FOP. FENCE ¡ -~ f2-.t . . , , t.,'·,./ -S;',~LJ-t:_~ ~ ! INSTALLAnON, SPRINKLER $YS-E:-1S. SHRUBS. [? ! \ ) ANY OTHER UTILITIES IJ!THOUi REVER,FICA i:O,," C, ¡ (fL-,,¡,",-r CHt.~c ~C-t:;: 5Tf=·£ f: ,- - PROPERTY CORNERS. 7el J2J:d f S. ELEVATIONS SHO'w'N HEREON ARE BASE::) UPON ¡ N.G.V.D. 1929. 7. SURVEY NOT COV'. - .- I ....- r - . TY INSURANCE. CERTIFIED TO: WHIDDEN ENTERPRISES, INC. FLOOD ZONE: "X" RIVERSIDE NATIONAL BANK OF FLORIDA UNMAPPED OKEECHOBEE ABSTRACT & TITLE INSURANCE. INC. I ) STEWART TITLE GUARANTY COMPANY SURVEYOR'S CERTIFICATE LEGEND' FIELD \,IORK COMPLETED, (0 -10- cJf- . -FOUND CONCRETE MONUMEi:T I HEREBY CERTIFY THAT THIS SURVEY MAP IS PER RECORD DESCRIPTION . -FOUND IRON ROD AND IS TRUE AND CORRECT TO THE'BEST OF MY KNOIJLEDGE AND BELIEF 0 -SET IRON ROD MciNTOSH AND ASSOCIATES BOUNDARY SURVEY AS SURVEYED IN THE FIELD. I FURTHER CERTIFY THAT THIS SURVEY It -CENTER LINE SURVEYING & MAPPING COMPLIES \,11TH THE MINIMUM TECHNICAL STANDARDS SET FORTH IN FFE -FINISH FLOOR ELEVATION REPARED ON THE ORDER OF, CHAPTER 61-G-17-6 BY THE FLORIDA BOARD OF LAND SURVEYORS PSM -PROFESSIONAL SURVEYOR 325 SIJ SOUTH QUICK CIRCLE RIVERSIDE NATIONAL BANK PURSUANT TO SECTION 472.027 FLORIDA STATUTES. AND THAT THERE '" '0 "~ OTHER":H" SH~ AND MAPPER PORT ST. LUCIE. FLORIDA 34953 R/\,I -RIGHT-oF-\,IAY (772)878-7568 (of'f'ice S. fo.x) PC -POINT OF CURVE SCALE, DRAIJN BY, FILE NO.. ~ DATE,ð>~ 'Z.. .4.- D -DELTA ANGLE A -ARC LENGTH CERTIF. OF AUTHORIZATION NO. LB7332 1" = 30' CGM 05-051-04 PROFESSIONAL SURVEYOR AND MAPPER c::.",c::. -TYPICAL ELEVATION FLORIDA REGISTRA TIoN #6427 FRED 'vi. REPASS P.S.M, i- - - - . Street, Suite 206 , Fort Mye s, lorida 33901-2845 Phone: 2 9-334-3366 Fax: 239-334-6384 Email: la e-planning~att.net Staff Report - Vari Request Prepared for: The City of Okeechobee Applicant: John Whidden, Preside t Petition No. 05-00l-V . . .. Staff Report Applicant: Variance Request Petition No.05-001-V Whidden Enterprises Inc. Owner: Whidden Enterprises, I c.lJohn Whidden Owner Address: 221 NE Park Street, Ok echobee, FL 34972 Owner Phone Number: 863-357-1815 Applicant: John Whidden, Preside t Applicant Address: 221 NE Park Street, Ok echo bee, FL 34972 Applicant Phone Number: 863-357-1815 Property Control Number 3-15-37-35-0010-01530-0120 Future Land Use Classification Commercial Co Zoning District CHV CH Acreage 0.162 0.1 2 Density - - Access SR 70 SR 0 Location: 221 NE Park Street, Okeechobee, FL 34972 Legal Description: 3-15-37 -35-0010-01530-0120 LOT 12 OF BLOCK 153 IN THE TOWN F OKEECHOBEE, ACCORDING TO PLAT THEREOF REC RDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. L CIE COUNTY, FLORIDA, SAID PLAT ALSO BEING RE ORDED IN PLAT BOOK 5, PUBLIC RECORDS OF OKEEC OBEE COUNTY, FLORIDA. The applicant is requesting a variance from Section 90 511(e)(2) of the City of Okeechobee Land Development Code to allow the applicant t continue using parking on the east side of the structure which requires cars to back ou into NE 3rd Avenue. The subject property is located within the CHV Zoning District. The subject property is approximately 0.162 acres fronting on State Road 70. The applicant intends to change the use of the property from a pa shop to a restaurant. The dwelling does have public utilities and the adjoining property ers are as follows: 1 , . . . Staff Report Applicant: Variance Request Petition No.05-001-V Whidden Enterprises Inc. North: Commercial East: Commercial South: Public (City Government) West: Commercial Discussion: After reviewing this application, Staff has determined that the requ st generally does satisfy the criteria outlined below for granting the variance: A. Special conditions and circumstances exist which re peculiar to the land or structure involved, and are not applicable to other I n d or structures in the same zoning district. There are no special conditions or circumstances whi h are peculiar to the land or the structure to warrant this variance. The parking r quired for the property has existed in a non-conforming status for a pawn sh p. However, the requested continuance would not be suitable for a restaurant be ause the backing out onto a street intensifies if a use is changed. B. The special conditions and circumstances do not result from actions of the applicant. Yes, the special conditions and circumstances woul result from the applicant's actions. Staff can reasonably validate that the pr posed use would create a condition that would be the result of the applicant's a tions C. Literal interpretation and enforcement of the Land Development Code would deprive the applicant of rights commonly enjoyed by ther properties in the same zoning districts under the terms of the Land Develop ent Code, and would work unnecessary and undue hardship on the applicant. No, literal interpretation and enforcement of the Lan Development Code would not deprive the applicants of any rights enjoyed b others within this zoning district. In fact, the enforcement of the Code in this ase is protecting the public from any unsafe conditions that might result from allo ing this variance request. D. The variance, if granted is the minimum variance nec ssary to make possible the reasonable use of the land or structure. No, this request by the applicant is not the minimum ariance necessary to make possibile the reasonable use of the structure. The app I' cant simply does not have enough space for a restaurant. If allowed, howev r, the site would create hazardous conditions that are specifically denied by th Land Development Code. 2 . . . Staff Report Applicant: , Variance Request Petition No.05-001-V Whidden Enterprises Inc. It should also be noted that the applicant is requesti g a 20% reduction in parking that also cannot be justified because of the changes i use of the property. E. Granting the variance request will not confer 0 the applicant any special privilege(s) that is (are) denied by the Land Develo ment Code to other land or structures in the same zoning district. Yes, granting this request will confer special privil ges to the applicant that are denied to others within the CHV Zoning District. F. Granting the variance will be compatible ìvith the in ent and purpose of the Land Development Code, and the variance will not be inju ious to the neighborhood or detrimental to the public welfare, Granting this variance would be incompatible with t e Land Development Code and would also be injurious to the neighborhood a d detrimental to the public welfare. Recommendation: Staff recommends denial of the request to allow a variance from Sec ion 90-511 (e )(2) permitting the applicant to continue parking on the east side of the building which would cause exiting vehicles to back out into NE 3rd Avenue. Proposed conditions to the approval include: Submitted by: James G. LaRue, AICP Planning Consultant 17 February 2005 3