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1981-01-06 - - - FIRST MEETING TUESDAY, JANUARY 6. 1981 The Planning Board/Board of Adjustments and Appeals of the City of Okeechobee, Florida, convened in its First regular meeting in the Council Chambers at City Hall, Okeechobee, on Tuesday, January 6, 1981, at 7:00 P.M. Chairman Dale Burk caPed the meeting to order with the following present: Jim Wright, Darrell Ferneau, Jim Kirk, and Frank Altobello. Others present were: David Conlon, City Attorney; Mallette Westbrook, Building and Zoning Adminstrator; Beatrice Lowe, Secretary. The Invocation was offered by Chairman Dale Burk. BOARD OF ADJUSTMENTS AND APPEALS APPROVAL OF MINUTES Member Kirk moved to dispense with the reading of minutes and approve them as presented, second()d by Member Wright, Vote Unanimous. u~gd' - RRQT1F.ST FOR SPECIAL EXCEPTION Gordon Leggett appeared before the Board to request a special exception for a Real Estate office to be in a vacant home. There was no opposition to the request. Member Wright moved to grant the special exception, Member Kirk seconded, Vote Unanimous. l\'Ir. and Mrs Leggett were not present, therefore, the Planning Board instructed the secretary to notify the Leggetts of its decission to grant the request. COSTILLO - REQUEST FOR SPECIAL EXCEPTION Nicholas and Josephine Costillo, represented by the sister of Josephine Costillo Nicholas and Josephine Costillo on a 50' by l50' Lot. Requirements of the present appeared before the Board to request a special exception to rebuild a house owned by Zoning Ordinance /1402 asks for a 75' front footage, therefore, the lot described woald not provide the square footage needed to build a house. Attorney Conlon noted this would be a variance and not a special exception. It was pointed out that she had signed a variance application. A discussion was helqed on the application and Attorney Conlon suggested he review some Case Law on this matter and report back 50' lot and no way to aquire any more property. Member Ferneau moved to table action to the Board at the next meeting. Mr Westbrook told the Board that she has only a Member Wright seconded, vote Carried. until the next meeting thereby giving Attorney Conlon time to look into this matter, CONRAD - REQUEST FOR VARIANCE Tommy Walker representing Mr and Mrs Robert I Conrad made a request for a variance bath and family room, due to the addition of the family. Mr. Walker said he thought to allow them to build an addition of 18' by 35' to their home to be used as a bedroom, that according to the Zoning map they could occcupy all, but one third of the property. gS ~, ~~ Mr. Westbrook agreed that Mr. Walker statement was correct. Member Ferneau asked if they were in a RG 2 Zoning area? Mr. Walker stated they were. Chairman Burk told Mr. Walker, the concern was of non-conforming use and pointed it out from the District schedule of Regulations and by reading the section on Maxium lot coverage by all building- according to this section for a single family or a two-family dwelling only 30% of the property can be covered by a building. Attorney Conlon pointed out that with the 50' lot it was of non-conformißg use according to page 12 item a. Member Ferneau suggested the Board read Ordinance 11402, page 52 and see if the (6) factors would help decide the issue. Attorney Conlon told the members of the Board, they would have to figure out what to do with the problem of the item on page 12. It reads that: "no non-conforming uses will be enlarged to occupy a greater area on land or water than was occupied before effected date of adoption, August 8, 1978." The Attorney further stated the paragraph was a prohibition that it can't be done. After discussion, Member Kirk made a motion to table the request until the February meeting, so the Attorney could research case laws, that would let the Board know what direction they needed to go with this application, member Ferneau seconded, vote carried. Mr. Walker asked in the event the Board doesn't find anything, who would it go back to? Attorney Conlon stated there were two approaches he knew of and they were: 1. Go back to the Board of Adjustments and Appeals to consider initiation of an amemdment to this Ordinance to take the prohibition out. 2. ~~e some special amendment for this case, or ask the City Council to initiate the procedure to amend Ordinance #402 to take this paragraph out , also, if it is taken out, then all non-conforming uses could be expanded. HUSIAN - REQUEST FOR SPECIAL EXCEPTION Mr. Burton Conners 1 representing Husain/Fuss, appeared before the Board to request a special exception for R-G property, located on N.W. 4th Street and N.W. 4th Avenue to be used for office spaces. Mr Fuss of the St. Lucie Home Agency intends to purchase the property for office spaces, if granted the special exception. He gave a brief summary of his duties and assured the Board there would be no parking problem. Those objecting only to traffic problems were: Mr Dozier Clements - North one-half of lots 1 and 2, Block 105, and a neighbar, Mrs Spillman, an adjoining property owner. Dr. and Mrs. Bruce Mills - Lots 3 and 4 Block 105, objected to any offices. Member Altobello suggested to the Board that a set of plans should be presented with each request. After much discussion, member Ferneau made a motion to grant a special exception to Mr. Fuss with the condition that within 30 days of taking title to the property, a - - - - - - hedge or some type of shrub be placed between the Spillman property and the proposed office building, secondèd by member Kirk, vote unanimous. SET OF REGULATIONS Chainnan Burk presented the Board with a set of regulations, he thought would help make decision on the applications. Member Kirk made a motion to adopt these regulations as one of the requirements for a request and a copy be attached to the uniform land use application to be given to the applicant when making an initial application, seconded by member Wright, vote unanimous. ADJOURNMENT With no further business, member Altobello made a motion to adjourn, seconded by member Wright, vote unanimous. PLANNING BOARD APPROVAL OF MINUTES Chainnan Burk called the Planning Board into session. Motion was made by Member Kirk to dispense with the reading of the minutes, seconded by member Wright, there being no objection, minutes were approved as presented, vote carried. LONGACRE - REZONING Mr John Cassels appeared before the Board representing Mr. John Ocietka/Longacre, concerning his request for rezoning, which was tabled at the December 9, 1980 meeting. Mr. Cassels presented to the Council, the request for rezoning from Residential, Single to Commercial, lots 7, 8 and 9 of Block 7, South Okeechobee. Mr. Ocietka has purchased this property and wishes to build a small Generator Shop on a portion of it and live in the existing home. Mr Cassels reviewed the (l6) points of Ordinance 11402. The Board agreed with his reasoning on all points. Attorney Conlon told the Board after his research he found, you could live in a house that is Residential and then zoned Commercial and still construct a commercial building on the property, so long as you comply with all the various little parts of the code, that have some jursdiction on this. No objections were voiced. Member Kirk made a motion to grant the rezoning request, seconded by Iœmber Wright. Members Burk, Ferneau, Wright, and Kirk voted yes, Altobello abstained. SET OF REGULATIONS Member Kirk made a motion to adopt the set of requirements, which Chairman Burk f) ""1 .> I H~~ presented to the Board of Adjustments and Appeals, for the Planning Board as part of the requirements for application and consideration for rezoning variance, special exception, appeals of decision of Building Adminis tra tor, seconded by member Ferneau, vote unanimous. Requirements as follows: All uniform land use applications for rezoning, variances, special exception, or appeals of decisions of the zoning administrator shall be accompanied by plot and construction plans drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; the exact size and location on the lot of the building or buildings to be erected or altered; the existing use of buildings on the lot, if any; the intended use oreach building or buildings or parts thereof; the number of families or occupants the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; the location on the lot and a description of bath existing and proposed landscaping intended to be utilized dn the completed project; and other such information with regard to the lot and existing and proposed structures as may be necessary to determine compliance with and provide for the enforcement of this zoning ordinance. The application shall also be accompanied by a certification that all property stakes on the lot are in place, and all property stakes shall be in place at the time of application. PROPOSAL AMENDENTS TO ZONING ORDINANCE # 402 A. Member Kirk moved ¡to recommend the front footage requirement for Residential General (RG-2) zoned districts to be decreased from lOO' to 95', seconded by Member Altobello, vote unanimous. B. Member Wright moved to recommend the 20' rear set-back requiremnet for Commercial zones be eliminated, providing there is adequate off-street loading space in front or on the side, seconded by Member Kirk, vote unanimous. C. Member Al to be 110 moved to require paving for Commercial and Multi-family structures, where off-street parking is required, and that it be either asphalt or concrete, with proper drainage and marking, seconded by Member Ferneau, vote unanimous. D. Member Wright moved to recommend Council draft an Ordinance requiring metal building to be architectually compatable with the surrounding structures in Commercial zones, seconded by Member Altobello, vote unanimous. - - - ~ .~ 0 b..1 Chairman Burk reviewed parts of Ordinance iþ402 that applied to Non-Conforming use, which would help decide the requests of Costillo and Conrad. Attorney Conlon noted after studying case law he found no law governing these cases. COSTILLO - REQUEST FOR VARIANCE Nicholas and Josephine Costillo, represented by Frank Wilbur appeared before the Board to discuss the variance request, tabled at the January 6, 1981 meeting, to rebuild a home on a lot 50' by 150' . Chairman Burk pointed out this was not a Non-Conforming use, but a Non-Conforming structure. After lengthy discussion Conlon noted with a non- conforming structure, you would not need a variance, but would need a building permit. Member Kirk made a motion to refer the request to the building official for granting a building permit, seconded by member Wright. Members Kirk, Wright and Burk voted yes, Members Ferneau and Altobello absent, motion carried. Chairman Burk instructed the secretary to notify Mr and Mrs Costillo to obtain a building permit from the Building Departmen t. CONRAD - REQUEST FOR VARIANCE Tonnny Walker appeared before the Board, representing Mr and Mrs Robert Conrad, regarding the request for a variance, which was tabled at the January 6, 1981, meeting. Chairman Burk noted this case was a non-conforming structure. Attorney Conlon asked the Conrads if they would bring anymore families in to the dwelling. Mrs Conrad stated no, they were the only family to live in the dwelling. After discussion, the Board decided the Conrads did not meed a variance. Member Wright made a motion to refer this case back to the building official for Mr. Walker to purchase a building permit for Mr and Mrs Conrad, seconded by member Kirk, Members Wright and Kirk and Chairman Burk voted yes, members Ferneau and Altobello were absent, motion carried. MCALISTER - SPECIAL EXCEPTION Mr. Westbrook informed the Board the application for the special exception had been withdrawn. THOMPSON - SPECIAL EXCEPTION Mr. C. B. Thompson appeared before the Board to ask for a special exception to build an office and warehouses in a connnercial zoned area. In order to grant this request you could not store flannnable materials. Mr Thompson assured the Board he would not be storing flammable materials in the warehouses. According to Mr. Thompson's plans, he also requested a 10' front set back instead of the 20' as required by the schedule of District Regulations. It was determined this is a separate request for a variance. After lengthy discussion, member Wright moved to table the request until Mr. Thompson can present a corrected set of plans, seconded by member Kirk, members Kirk, Wright and Chairman Burk voted yes, members Ferneau and Altobello absent, vote carried. There being no further business for the Board of Adjus tments and Appeals member Wright moved to adjourn, seconded by member kirk, members Kirk, Wright and Chairman Burk voted yes, members Ferneau and Al tobello absent, vote carried. - - - - - - Dowling Watford from the audience was concerned about metal buildings in a residential area. COMMUNICATIONS FROM MEMBERS A. DALE BURK Chainnan Burk reviewed with the Board, the updating and planning of a new Ordinance for lot clearing. î>1ember Ferneau suggested this item be put on the agenda for the next meeting. B. DARRELL FERNEAU Member Ferneau expressed a"thanks to the Council was in order" for starting a recreation program. ADJOURNMENT Member Wright made motion to adjourn. Being no further business, meeting adjourned. i C~G &Jv D. Dale Burk Chairman Planning Board City of Okeechobee ATTEST: / ì '1 ,¿_/ -j:ji' /~~ ¿7<) cru~ Beatrice Lowe Planning Board Secretary Ci ty of OkeecID bee SECONDED MEETING TUESDAY, FEBRUARY 3, 1981 The Planning Board/Board of Adjustments and Appeals of the City of Okeechobee, Florida, convened in its second regular meeting in the Council Chambers at the City Hall, Okeechobee, on Tuesday, February 3, 1981, at 7:00 P.M. Chairman Dale Burk called the meeting to order with the following members present: Jim Kirk and Jim Wright. Members Frank Altobello and Darrell Ferneau were absent. Others present were: David Conlon, City Attorney; Mallette Westbrook, Building and Zoning Admimistrator; Beatrice Lowe, Secretary. BOARD OF ADJUSTMENTS AND APPEALS APPROVAL OF MINUTES Chairman Burk noted two minor corrections needed in the minutes, of the Board of Adjustments and Appeals. With no further objections the minutes were approved as corrected. 70