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1980-08-05 PB & BOAPLANNING BOARD AND BOARD OF ADJUSTMENTS AND APPEALS FOR THE CITY OF OKEECHOBEE COUNCIL CHAMBERS AUGUST 5, 1980 AGENDA 7:00 P.M. BOARD OF ADJUSTMENTS AND APPEALS 1. Approval of Minutes 2. VanLandingham - Appeal of Zoning Administrator's decision 3. Pollard - Request for hearing date PLANNING BOARD 1. Approval of Minutes 2. Rezoning request - Frazier (continued discussion) 3. Rezoning request - Newell 4. Rezoning request - Mason 5. Proposed Ordinance on Lot Clearance 6. Open for citizens not appearing on Agenda 7. COMMUNICATIONS FROM MEMBERS A. Frank Altobello B. Darrell Ferneau C. Jim Wright D. Robert Joiner E. Jerry Walker 8. Adjournment - - - - call) were as follows: Other citizens that were in opposition (either by written letter or telephone 1) Joseph & Leona Flanagan, Jr. Lots 1, 2 and 3, Block 39 4) Mrs. Phillips 204 S.W. 21st Street 2) Phil Berger Owner of Parcel 28; Lots 9, 10, 11, 12 of Block 39; and Lots 7, 8, 9, 10, 11, 12, of Block 42 5) Clifton & Alene Godwin Lots 5,61 11 and 12, Block 36 6) Demenick & Lucy Goglia Lots 5, 6, 11 and 12, Block 34 3) James & Amy Ammons Lots 1 and 2, Block 36 After lengthy discussion, Member Altobello moved to table the issue until the next Member Joiner, vote carried, with Member Wright abstaining. meeting at which time Mr. Frazier can supply the additional information, seconded by APPEAL OF ZONING ADMINISTRATOR'S DECISION regarding a fence. Kyle VanLandingham has submitted an appeal of the Zoning Administrator's decision meeting with the proper advertisements and notification of adjacent land owners, seconded Member Wright moved to bear the appeal of Mr. VanLandingham at the August 5th, 1980, by Member Altobello, vote unanimous. ADJOURNMENT seconded by Member Wright, vote unanimous. There being no further business, Member Altobello moved to adjourn at 8:15 P.M., ATTEST: ~. '-fh~ ice M. Mann Duty Clerk City of Okeechobee EIGHTH MEETING City Hall, Okeechobee, Florida, at 7:00 P.M., Tuesday, August 5, 1980. chobee, Florida, convened in its eighth Regular Meeting in the Council Chambers at The Planning Board and the Board of Adjustments and Appeals of the City of Okee- TUESDAY, AUGUST 5, 1980 Chairman Jerry Walker presiding with the fOllowing members present: Darrell Ferneau, Jim Wright and Frank Altobello. Member Robert Joiner absent. 4n - Un ~ BOARD OF ADJUSTMENTS AND APPEALS APPROVAL OF MINUTES Bernard Braverman, Assistant to City Attorney and Janice M. Mann, Deputy Clerk. Others present were: Richard Spray, Mallette Westbrook, Building Official; Appeals as presented, seconded by Member Wright, vote Unanimous. Member Altobello moved to approve the minutes of the Board of Adjustments and APPEAL OF ZONING ADMINISTRATOR'S DECISION Administrator regarding a fence in violation of Ordinance #402. Kyle VanLandingham appeared before the Board to appeal a decision of the Zoning mate permit from the City of Okeechobee, and proceeded to have the fence installed. VanLandingham based his appeal on the fact that be had obtained a second legiti- (First permit issued not being the height of fence VanLandingham wanted) VanLandingham presented pictures of other fences and hedges located throughout the City which, he felt, were also in violation of the Ordinance but were not being fence was not a traffic hazard. made to conform. Pictures of his particular fence showed, in his opinion, that the the required 100' of surrounding area. VanLandingham noted there were no objections voiced from property owners within back requirement. Then went on further to state Attorney Conlon's opinion that this Assistant City Attorney Braverman explained "required yard" contains a 25' set become liable if an accident occured as a result of a solid fence in a front yard. issue is not a personal matter, if the City does not enforce Ordinance 402 then they safe. It is however, in violation of the Ordinance and if allowed to remain, then not this particular situation that was in question, a fence which mayor may not be Attorney Braverman pointed out to Mr. VanLandingham and the Board that it was every citizen has the right to erect a fence in violation of the Ordinance. Chairman Walker, in view of the fact that there were too many discrepancies matter. and all parties concerned were not present, suggested a decision be postponed on this being liable in the future was also discussed. to be erected. The possibility of the City paying to correct the error rather than Board discussed at length the fact that a permit was issued allowing the fence and allow the fence to remain, seconded by Member Wright. Members Wright, Ferneau and struct vision, Member Ferneau moved to reverse the decision of the Zoning Administrator Due to the fact that the fence was not located on a corner lot and did not ob~ - - - -- -- -- Altobello voted yes. Chairman Walker abstained. Member Joiner absent. Motion passed. REQUEST FOR HEARING - POLLARD Chairman Walker presented a request for a hearing from Eugene Pollard. Member Altobello moveà that the Board of Adjustments and Appeals hear the request for a variance at the September 2, 1980, meeting, seconded by Member Ferneau, vote unanimous. There being no further business the Board of Adjustments and Appeals adjourned. PLANNING BOARD APPROVAL OF MINUTES Member Altobello moved to approve the minutes of the July 1, 1980, meeting as presented, seconded by Member Ferneau, vote unanimous. REZONING REQUEST - FRAZIER Chairman Walker informed the Board he had received verbal notice from Frazier that he has withdrawn his application for rezoning. The property has been placed up for sale. Member Altobello noted that one of the citizens at the previous meeting had with- drawn his objection. REZONING REQUEST - MASON Chairman Walker read a letter from Brenda Mason requesting postponement of her hearing until September 2, 1980. Member Ferneau moved to table the issue as requested, seconded by Member Wright, vote unanimous. REZONING REQUEST - NEWELL William D. Newell presented a request to rezone Lots 14 thru 20 inclusive, Block 3, SOUTHWEST ADDITION TO CITY OF OKEECHOBEE, from Residential, Single Family (RSF) to Commercial. Newell felt the change would be beneficial for small business in the City. With the use of steel buildings as rentals, small business can operate with a low overhead. Newell presented blue prints and noted, in his opinion, the structures would blend well with residential dwellings. Chairman Walker called for comments from citizens present. Lucille Persell - Lots 3 & 4, Block 3, objects very strongly, steel buildings are an eye sore. James Persell - pointed out there is a commercial garage directly behind their home and does not want another steel structure next door. John & Chestine Everett - Lots 21, 22 and 23, Block 3, object to the change. They prefer to live in a residential area and work in a ~ 51 ~ (;9 commercial one. Not bring the commercial area close to home. Mr. Everett also presented a petition of twenty-three (23) signatures of citizens opposed to the change. Michael & Lou Ann McArthur - Lots 9 & 10, Block 6, object to the change once it is changed to commercial there is no control to what is built. Citizens that either telephoned or wrote an objection were as follows: Oscar Thomas - Lot 14, Block 5 County Commission - Council on Aging - Lots 8, 9 & 10, Block 4 Hubert Harden - Lots 14 thru 21 inclusive, Block 27 Charles Jordan - Lots 16 & 17, Block 6 H.E. Elledge - Parcel 13 west of property in question Charles Elders - Lots 1, 2 and E~ of Lot 3, Block 6 Member Altobello stated due to the area being predominately RSF, rezoning this parcel of land would downgrade the residential area, therefore, moved to recommend Council deny the request, seconded by Member Ferneau. Newell requested to be allowed to elaborate further. Motion and second were withdrawn. Citizen Robert Ellis of 1103 S.W. 2nd street, across the street from the property in question, felt the additional traffic caused by a commercial establishment would not be safe for his two small children. With all of the opposition to the change, Mr. Newell withdrew the request for rezoning. PROPOSED LOT CLEARANCE ORDINANCE Member Ferneau moved to table discussion on a proposed Lot Clearance Ordinance, seconded by Member Wright, vote unanimous. ADJOURNMENT There being no further business, Member Ferneau moved to adjourn at 8:45 P.M., seconded by Member Altobello, vote unanimous. ATTEST: ~'f'0.~ Dep y Clerk City of Okeechobee - - -