1980-12-09
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reduce the required front footage of Residential, General (RG) zoned property from
100 feet to 95 feet, seconded by Member Altobello, vote unanimous.
AMENDMENT 112
Member Wright moved to recommend City Council amend Zoning Ordinance #402 to require
paved or concrete off-street parking, seconded by Member Kirk, vote unanimous.
Board instructed Attorney Conlon to draft the necessary ordinance amendment titles
to be advertised.
ZONING ORDINANCE #402 - PENALTY (Page 69)
Member Ferneau brought to the Board's attention
the fact that the penalty clause
on page 69 of Zoning Ordinance #402 was not complete.
Attorney Conlon to check into the matter and report back.
ADJOURNMENT
There being no further business, Member Wright moved to adjourn at 8:30 P.M.,
seconded by Member Altobello, vote unanimous.
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D. Dale Burl<:
Chairman Planning Board
City of Okeechobee
ATTEST:
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Ja ·ce M. Mann
De ty Clerk
City of Okeechobee
TWELFTH MEETING
TUESDAY, DECEMBER 9, 1980
The Planning Board/Board of Adjustments and Appeàls of the City of Okeechobee, Florida,
convened in its twelfth regular meeting in the Council Chambers at City Hall, Okeechobee,
on Tuesday, December 9, 1980, at 7:00 P.M.
Chairman Dale Burk presided with Members Darrell Ferneau, Frank Altobello, Jim Wright
and James Kirk present.
Others present were: Mallette Westbrook, Building Official; David Conlon, City Attorney;
Richard Fellows, Administrative Assistant and Janice M. Mann, Deputy Clerk.
The Invocation was offered by Member Jim Wright.
BOARD OF ADJUSTMENTS AND APPEALS
APPROVAL OF MINUTES
Member Kirk moved to approve the minutes of the B02.rd of Adjustnents and Appeals as
presented, seconded by Member Ferneau, vote uQanimous.
NEWCOMER/WALKER - REQUEST FOR VARIANCE
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Thomas Walker appeared before the Board on behalf of Carl E. Newcomer and elaborated on
his request for a variance on Lot 5, Block I, Wilcox Shores (S.E. 3rd Street). The lot
does not meet the square footage requirement therefore cannot be used for anything.
A portion of the lot was taken up by a culdesac and the easement for Royal's Shopping
Center. Mr. Walker noted that several of the lots in that area are odd sizes.
Chairman Burk noted the one objection received from Jerry Benson of the Florida
Conference of 7th Day Adventists. Mr. Benson feels the lot is too narrow and an additional
dwelling will congest the area and lower the property values.
Member Wright moved to approve the needed variance, seconded by Member Altobello.
Member Ferneau requested the factors on page 52 of Zoning Ordinance 402 be reviewed.
Afterwhich, finding all in order, Chairman Burk called for a vote. Vote unanimous, motion
passed.
VICE CHAIRMAN
Chairman Burk advised the Board, the Zoning Ordinance requires a Chairman and Vice
Chairman be appointed, for both the Board of Adjustments and Appeals and Planning Board.
Member Altobello moved to appoint James Kirk as Vice Chairman, seconded by Member Wright,
vote unanimous.
There being no further business Member Wright moved to adjourn the Board of Adjustments
and Appeals, seconded by Member Ferneau, vote unanimous.
PLANNING BOARD
APPROVAL OF MINUTES
Member Wright moved to approve the minutes of the November 4, 1980, Planning Board meeting
as presented, seconded by Member Kirk, vote unanimous.
E. DAVID HESTER - REZONING REQUEST
E. David Hester appeared before the Board to present his request to rezone Lots 7 and 8,
Block 143, City of Okeechobee, from Residential, General (RG-2) to Commercial, and described
the type of commercial building to be erected.
Attorney Conlon advised Hester a professional building is permitted in a RG-2 zoned area
and added the request could be amended.
Member Ferneau pointed out the fact the set back requirements are different for
Commercial as opposed to RG-2.
Chairman Burk noted for the record the objection of Vincent and June Boromei, owners
of Lots 9 thru 12, Block 119, City of Okeechobee. The Boromei's plan to build a home on
these lots and do not care to see a commercial building near by.
Hester pointed out the fact the surrounding area consists of commercial buildings in RG-2
or Commercial zones.
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Chairman Burk reviewed the sixteen points to be considered by the Board prior to a
decision, afterwhich, Member Altobello moved to recommend the City Council grant the rezoning
request, seconded by Member Wright.
Member Ferneau stated the request is not spot zoning and the change lends itself to the
area.
Chairman Burk called for a vote, vote unanimous, motion passed.
Citizen Paul H. Graham, owner of Lots 11 and 12, Block 143, asked the procedure to
convert his home to an office. The Board advised him of the steps DO be taken.
RUBY E. LONGACRE - REZONING REQUEST
Dick Ward of Hunt Real Estate, appeared representing Ruby Longacre, to request one-half
of Lots 7, 8 and 9, Block 7, South Okeechobee or all of Lot 9, only, rezoned to Commercial.
Mr. John Ocietka, planning to purchase the rezoned property, was present. He stated he
would like to build a shop on Lot 9 and live in the house located on Lots 7 and 8.
Member Ferneau felt the area is too congested for another commercial business. Ferneau
noted the house may encroach onto Lot 9, which could cause legal problems in the future.
Attorney Conlon advised the Board should not consider any rezoning request without a set
of plans for construction.
The Board discussed the many fallacies and possible problems of the request.
Building Official Westbrook advised the Board a person could possibly live on property
zoned commercial and work in another structure. Attorney Conlon to research and report his
findings.
Attorney Conlon advised any recommendations to the Council, should include a requirement
of plans, contingencies, etc.
Member Altobello moved to table, for further study, the request until the next regular
meeting, seconded by r1ember Ferneau, vote unanimous.
PROPOSED AMENDMENTS
Attorney Conlon advised the Board any proposed amendments to Zoning Ordinance #402 must
be advertised fifteen (IS) days prior to any discussion or recommendation to the Council.
In addition to the proposed amendments 1) reducing front footage of 100' to 95' in RG-2
zoned area, and 2} requiring off-street parking to be paved or concrete, Attorney Conlon
suggested 3) reducing the rear set back requirernents when there is an alley and 4) consider
prohibiting metal buildings in Commercial zoned areas.
Member Ferneau moved to authorize the Clerk to advertise the necessary title for discussic
of the rear set back requirements, seconded by Member Wright, vote unanimous.
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Member Kirk moved to advertise the necessary title to prohibit metal buildings in
Commercial areas, seconded by Member Ferneau, vote unanimous.
PROPOSED LOT CLEARANCE ORDINANCE
Prior to discussion of the proposed lot clearance ordinance, Member Kirk moved to recess
for five minutes, seconded by Member Ferneau, vote unanimous.
Chairman Burk called the meeting back to order.
Deputy Clerk provided copies of City Charter, Chapter 11, section 11-2 and 11-3, to
Board members, which pertains to lot clearance and enforcement.
Member Altobello asked what protection an individual has after going to the expense of
cleaning his vacant lot.
Discussion followied regarding individuals rights, police protection, etc.
Member Kirk moved to have Chairman Burk appear before the Council to apprise them of
Chapter II of the City Charter and also state the land owner needs some type of protection,
seconded by Member Ferneau, vote unanimous.
COMMUNICATIONS FROM MEMBERS
A. DARRELL FERNEAU
Member Ferneau asked for the status of the old rezoning request of Orin Lee. Deputy
Clerk informed him the request was cancelled by Mr. Lee.
Regarding a tri-plex built on Southwest 2nd Street, Member Ferneau questioned if it was
built on three lots. Deputy Clerk informed him a building permit was purchased July 25, 1980,
by Bill Curren for Lots 1, 2 and 3, Block 177.
B. DALE BURK
Chairman Burk asked that guidelines need to be established regarding variances to prevent
unnecessary work and expense.
The Building Official should thoroughly investigate and inform applicants prior to
requests being processed.
Board agreed.
ADJOURNMENT
There being no further business Member Wright moved to adjourn, seconded by Member Kirk,
vote unanimous.
(o~.~
Dale Burk
Planning Board Chairman
City of Okeechobee
ATTEST:
Vh ,Yh~
M. Mann
uty Clerk
y of Okeechobee
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