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2001-08-28 BOA CITY OF OKEECHOBEE BOARD OF ADJUSTMENT SUMMARY OF BOARD ACTION Pa I ACTIÒN - DISCUSSION - VOTE Board of Adjustment meeting to order at 7 :00 p.m. Chairman Walker called the August 28. 2001 AGENDA 7 :00 p.m. CALL TO ORDER - Chairman. Board of Adjustment, August 28.2001, I. L.í) 00 N Board Secretary Arnold called the roll Present Present Present Present Present Present Present Absent (without consent) Present Present Present Secretary . ...........- CHAIRMAN, MEMBER AND STAFF ATTENDANCE Chairman Jerry Walker Board Member Dawn Hoover Board Member Thomas Keller Board Member William Ledferd Board Member Christopher Mavroides Board Member Douglas McCoy ~",",--Board Member Frank Mueller Alternate Daniel Creech - -AÎ;¡OO:ìãte Sandra Jones Attorney John R. Cook Secretary Carolyn Arnold II. I Member Mueller moved to dispense with the reading and approve the Summary of Board Action for the July 24, 2001 meeting. Member Keller seconded the motion. MINUTES - Secretary. Motion to dispense with the reading and approve the Summary of Board Action for the July 24, 2001 meeting. A. III. VOTE HOOVER - YEA KELLER - YEA LEDFERD - YEA MA VROIDES - YEA MCCOY - YEA MUELLER - YEA WALKER - YEA MOTION CARRIED. I August 28, 2001 - ACTIQN - DISCUSSION; VOTE ;AGENDA I Member Hoover seconded Member Mueller moved to remove Petition 0 1-005-SE from the table. the motion. VOTE HOOVER - YEA KELLER - YEA LEDFERD - YEA MA VROIDES - YEA MCCoy - YEA MUELLER - YEA WALKER - YEA MOTION CARRIED. IV. UNFINISHED BUSINESS. Consider Petition 01-005-SE: Gene Fulford, property owner; Thomas Meara, applicant. The property is located at l110 N.W. Park Street. The purpose of the request for a special exception is to allow for a vehicle maintenance and repair shop within a Heavy Commercial zoning district. The item was tabled at the July 24,2001 regular meeting. - City Planning Consultant. A. I Vince Catero, City Planning Consultant described the petition and gave a brief background of the property. The subject property is currently zoned as Heavy Commercial (CHV) and is consistent with the Land Development Regulations as well as the Comprehensive Plan. Staff recommends granting approval of Petition 01-005-SE N CXJ 0\ Member Hoover reminded the Board that this petition had problems with properly posting the property, this was confirmed by Secretary Arnold, who also noted that the permission from the property owner was never received. She has attempted numerous times to contact the applicant. Discussion ensued between the Board Members after which, Member Mueller moved to deny Petition 01-00S-SE based on an in com DIe lication. Member Keller seconded the motion. I VOTE HOOVER - YEA KELLER - YEA LEDFERD - YEA MA VROIDES - YEA MCCOY - YEA MUELLER - YEA WALKER - YEA MOTION CARRIED. Au~ust 28, 2001 - ~'<..'-_.~. ';,. ,. .. ; ACTIQN-nISCtJSSION - VOTE Vince Catero, City Planning Consultant addressed the Board regarding the Variance Request made by John W. Abney on behalf of the Applicant A.V.W., Inc. The purpose of the request is to allow a two-foot landscaping buffer instead of the required ten- foot along the street frontage for property located at 312 Southwest 7th Avenue. The subject property has an existing structure and parking area. The property owner intends to use the property for an aerosol plant. This project will fall under the strict regulations regarding the location of the buildings and parking by the Department of Environmental Protection (DEP), therefore, it is near impossible for the applicant to accommodate the Land Development Regulations with the ten-foot landscaping buffer. Staff finds no inconsistencies with the Land Development Regulations and recommends granting approval of this petition. V. NEW BUSINESS Consider Petition 01-003-V: A.V.W., Inc., property owner and John W. Abney, Sr., applicant. The property is located at 312 Southwest 7th Avenue. The purpose for the request of a variance is to allow a two-foot landscaping buffer in place of the required ten-foot, in order to be consistent with the existing parking area with in an Industrial (1) zoning district - City Planning Consultant. A. I I"- 00 N Listed in the Staff Report is the following criteria that was met in order to draw the above conclusion: Special conditions and circumstances exists, which are that Federal regulations control the placement of buildings. The City's LDR's do not allow for options that would allow for the property setbacks and buffering. A twenty-foot drainage ditch exists between the existing parking lot and the property line and the existing parking structure. The special conditions and circum- stances do not result from actions ofthe applicant. Literal interpretation ofthe Code would restrict the applicant's ability to increase the existing parking in order to provide the number of spaces required. This is the minimum variance necessary to make possible the reasonable use ofthe land and structures and will not create a greater encroachment. There will be no special privileges granted to the applicant with the approval of this request. Finally, the request is compatible with the Land Development Regulations, approval will not be injurious to surrounding property. The applicant has done all that can be expected while working under DEP guidelines. I $:-.> Mr. Abney, Applicant/Contractor for applicant, addressed the Board stating the business is in Ft. Lauderdale and the applicant is proposing to relocate to Okeechobee. He gave an example to better explain the nature of this business. There was no further discussion. Member Mueller moved to approve Petition 01-003- V based on the findings in Staffs Report. Member Keller seconded the motion. I st 28,2001 - i\C'FION·- DISCUSSION - vot£E Au I VOTE HOOVER - YEA KELLER - YEA V. NEW BUSINESS CONTINUED. A. Consider Petition 01-003-V: A.V.W.. Inc.. continued. B. LEDFERD - YEA MA VROIDES - YEA MCCOY - YEA MUELLER - YEA WALKER - YEA MOTION CARRIED. Attorney Cook explained that there is a sign between Brantley's and Pogey's along the East side of South Parrott Avenue that impairs the vision of drivers when exiting onto Parrott A venue for oncoming traffic on the sidewalk or southbound traffic. The City cited the owner for violation of sign codes and was forwarded to the Code Enforcement Board. Normally, the Code Enforcement' Board would have been the appropriate Board to submit this violation to, however, the City issued a permit for the sign. The Board of Adjustment has jurisdiction over building permits and now we ,.1· need to have the Board to consider to rescind the building permit for the sign. The purpose for; rescinding the permit is that it does not meet code regulations ~ 799 South Parrott Avenue, continued. Discussion about the sign located at c. N o;¡ 00 There was much discussion regarding whether the sign was built according to the constmction plans, the location ofthe sign, and how legal it would be to rescind a permit issued. Attorney Cook advised that once the Board rescinds the permit it would then be left to the City Administrator and City Attorney to work out the details with the applicant. He noted that legally this can be done and should be done due to the permitted sign being in violation ofthe LDR's. issued by the Building Department for in violation of the Land Development Member Ledferd moved to rescind the sign permit 1799 South Parrott Avenue due to the sign being Regulations. Member Keller seconded the motion. I " Board of Adiustment - Pa!!:e 5 of 5 ACTION -DISCUSSION.. VOTE st 28,2001 Au VOTE HOOVER - YEA KELLER - YEA V. NEW BUSINESS CONTINUED. Discussion about the sign located at 1799 South Parrott Avenue, continued. B. I LEDFERD - YEA MA VROIDES - YEA MCCoy - YEA MUELLER - YEA WALKER - YEA MOTION CARRIED. There being no further items on the agenda, Chairman Walker adjourned the meeting at 7:20 p.m. ADJOURNMENT - Chairman 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. General Services tapes are for the sole purpose of backup for official records of the Department VI. I ~ ATTEST ", ',- I