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2005-08-23 BOA CITY OF OKEECHOBEE BOARD OF ADJUSTMENT AUGUST 23, 2005 SUMMARY OF BOARD ACTION I. CALL TO ORDER - Chairperson. Board of Adjustment, August 23,2005, 6:30 p.m. Chairperson Ledferd called the August 23,2005 Board of Adjustment meeting to order at 6:30 p.m. .1. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary. Board Secretary Cook called the roll: Chairperson Bill Ledferd Vice-Chairperson Dawn Hoover Board Member Kenneth Keller Board Member Thomas Keller Board Member Christopher Mavroides Board Member Devin Maxwell Board Member Douglas McCoy Alternate Terry Burroughs Alternate John Whidden Attorney John R. Cook Secretary Katrina Cook Present Present Present Absent - with consent Absent - without consent Present Present Present - serving as voting member Present - serving as voting member Present Present . III. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action Board Member Hoover motioned to dispense with the reading and approve the Summary of Board for the July 26, 2005 regular meeting. Action for the July 26,2005 regular meeting; seconded by Board Member McCoy. VOTE BURROUGHS-YEA HOOVER - YEA K. KELLER - YEA LEDFERD - YEA MAXWELL - YEA McCoy- YEA WHIDDEN - YEA MOTION CARRIED. IV. NEW BUSINESS. A. Consider Petition 05-003-V: David and Rene Wilson are the property owners Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows: and applicants. The subj ect property is located at 816 Southeast II th Street. The purpose for the request is to allow for an encroachment on an easement and Planning Staff Report Introduction: The applicant is requesting a variance from Section 90-1 05 standard setbacks from the required rear setback of 10 feet to 6 feet, and the (b) of the City of Okeechobee Land Development Code to allow for 6 feet rear setback and 0 feet required side setback from 10 feet to 0 feet for the development of an enclosed side setbacks in the RSF -1 Zoning District. pool and spa. Planning Staff Report Discussion: After reviewing this application, Staff has determined that the request does not satisfy the criteria outlined below for granting the variance: (A) The structure was built in 1967. As built, the principal use meets the required setbacks. The requested accessory use will not. As presented, Staff does not see any special conditions or circumstances which are peculiar to the land or structure. (B) There are no special conditions or circumstances for the subject property. Unfortunately, the structure was built in a manner that prevents an accessory use of this size to be placed on the rear portion. (C) Literal interpretation and enforcement of the Code would not deprive the applicant on any rights. No unnecessary or undue hardships would be imposed on the applicant by granting this request. (D) The requested variance is for an accessory use. The land and the primary use are still practical without granting this variance. (E) If this request is granted a special privilege would be granted to the applicant that would otherwise be denied by the LDC to other structures in the RSF -I Zoning District. (F) Granting this variance would not be compatible with the purposes of the Code. . . Planning Staff Report Recommendation: Staff recommends denial of the request to allow a variance from Section 90-1 05(b) permitting the applicant to have a side setback of 0 feet instead of the required 10 feet and to have a rear setback of 6 feet instead of the required 10 feet. Rene' Wilson, property owner, explained that she and her husband originally wanted to place the proposed pool in their back yard; however, they were notified by the pool company that the pool could not be placed in the back yard due to setback requirements from the power lines. She explained that the house was built in 1967, so it was approved with different lot size and setback requirements than what the newer homes are having to meet. She explained that she was in an automobile accident last November, and the spa will be used as therapy for her neck. Mrs. Wilson explained that she is a mother and works at Osceola Middle School. She stated that the children are getting into more and more trouble these days. She would rather create a nice environment at her home, so that her children and their friends will want to be there, instead of somewhere else. IV. NEW BUSINESS. A. Consider Petition 05-003- V, continued. Board Member Hoover questioned whether the pool could be made smaller to fit within the required setbacks. Mrs. Wilson responded that the pool is already small with a large patio. She stated that the patio could be made smaller. . Board Member Whidden questioned whether the Wilson's had considered placing their power underground. Mr. Wilson stated that they have contacted Florida Power and Light to see if the power could be moved underground. He stated that it would be possible, however, the cost would be four thousand dollars. Mr. Wilson explained that he and his wife were not interested in having that great of an additional expense, ifthey didn't have to. He continued by explaining that the house has been in the family for over thirty years and they would like to install a pool and spa to improve the home. Board Member McCoy questioned whether moving the pool closer to the house would be a possibility. . David Wilson, property owner, stated that they could not move the pool closer to the home due to the sewer line setback requirements from the Okeechobee Utility Authority. Mrs. Wilson explained that the pool was placed in the best location to meet all setback requirements from the utility companies; however, once those requirements were met, they couldn't meet the City's setback requirements. Katrina Cook, General Services Coordinator, explained that she received several phone calls from the surrounding property owners stating that they were in favor of the petition. Mrs. Cook explained that Virginia McKuhen, surrounding property owner, submitted a letter in writing for the Board, she stated that she had no objections to the petition. Mr. Wilson explained that they are not screening the pool in now, due to the increasing costs of screen. August 23, 2005 - Board of Adjustment - Pa e 4 of 7 IV. NEW BUSINESS. A. Consider Petition 05-003- V, continued. . . Jim LaRue, City Planning Consultant, explained that since there will no longer be a pool enclosure, the request is different. Instead of talking about setbacks to a structure, we are talking about the setbacks to the pool and spa. Mr. LaRue requested that the Wilson's submit a drawing showing the dimensions of the pool, lot size, and setbacks from house, power lines, and lot lines. Mr. LaRue explained that concrete is allowed to go up to the property line. He recommended that the Board table the petition until further information is submitted by the applicants. Mr. Wilson explained that the spa will be raised higher than the pool, and the spa was closer to the property line. Jim LaRue, City Planning Consultant, requested that the height of all proposed additions be included in the drawing as well. Board Member Hoover motioned to table Variance Petition 05-003- V; seconded by Board Member McCoy. VOTE BURROUGHS-YEA HOOVER - YEA K. KELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOY- YEA WHIDDEN - YEA MOTION CARRIED. B. Consider Petition 05-004-V: Winifred James is the property owner, Donald Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows: Scott Montagna is the applicant. The subject property is Lot 25, Block 3, City of Okeechobee. The subject property is located in the 100 Block of Northwest 13th Planning Staff Report Introduction: The applicant is requesting a variance from Section 90- Street. The purpose for the request is to allow for the development ofa47.5 foot 285(1) of the City ofOkeechobee Land Development Code to allow for a 47.50 feet lot width in wide lot that does not meet the minimum required width of 50 feet within the the CHV Zoning District. The property has a Commercial Future Land Use designation. Heavy Commercial.(CHV) Zoning District. Au ust 23, 2005 - Board of Ad 'ustment - Pa e 5 of 7 IV. NEW BUSINESS. B. Consider Petition 05-004- V, continued. 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) According to the survey, the subject property has a lot width of 47.50 feet. This condition is peculiar to the land and does not seem the result of a recent lot split. (B) The condition does not result from the actions ofthe applicant. (C) If enforced, the Land Development Code requirements could deprive the applicant of rights commonly enjoyed by others in the City Zoning District. (D) The variance request is the minimum variance necessary to make reasonable use of the land. (E) By granting this variance the City would not be conferring any special privileges to the applicant. (F) Granting the variance would be compatible with the Land Development Code and would not be injurious to public welfare. . Planning Staff Report Recommendation: Staff recommends approval of the request to allow a variance from Section 90-285(1) (lot width) permitting the applicant to have a lot width of 47.5 feet instead of the required 50 feet. The property would also have to receive a special exception to erect a storage facility in the CHV Zoning District. Board Member McCoy questioned whether the applicant would have setback issues with the decreased lot width. . Jim LaRue, City Planning Consultant, explained that the setback concerns would be addressed at Site Plan Review. Mr. LaRue pointed out the drawing submitted by the applicant, indicating that all setbacks would be met. Donald Montagna, applicant, explained that he will be constructing a warehouse to store his classic cars. He stated that he has several cars located at different places and that this location would be perfect for the storage of his cars. Ann Suggs, surrounding property owner, explained that she was not in favor ofthe petition. She explained that she has problems with the people that own the existing warehouses. People drive onto her property to use it as a turn around. Ms. Suggs stated that the smaller lot size would probably increase the traffic on her property. Ms. Suggs also stated that for years her family has maintained that property and she doesn't think it is fair for them to develop the property. Chairperson Ledferd thanked Ms. Suggs for her comments. Au ust 23, 2005 - Board of Adjustment - Page 6 of 7 IV. NEW BUSINESS. B. Consider Petition 05-004- V, continued. Mr. Montagna, applicant, explained that his property is currently fenced on all four sides. He also explained that he has his own culvert and would not be utilizing anyone elses property to access his property. Lee James, husband of property owner Winifred James, explained that the property was listed for sale with a local realtor, his wife made an offer on the property, the offer was accepted, then the property was purchased. . John Cook, City Attorney, explained that if this variance petition is approved the land owner can place any lawful building on the lot. Mr. Cook explained that Ms. Suggs concerns can be addressed with the Code Enforcement Department and/or the Law Enforcement Department, not by the Board of Adjustments. Mr. Cook also explained that if the variance is not granted the City would be prohibiting the property owner from utilizing his property. Jim LaRue, City Planning Consultant, stated that the minimum variance has been requested, therefore he is recommending approval. Board Member Maxwell stated that he was in favor of the petition, since the denial would prohibit the property owner use of his property. . Board member Maxwell motioned to approve Variance Petition 05-004- V; seconded by Board Member Hoover. VOTE BURROUGHS - YEA HOOVER - YEA K. KELLER - YEA LEDFERD - YEA MAXWELL - YEA McCoy- YEA WHIDDEN - YEA MOTION CARRIED. August 23, 2005 - Board of Adjustment - Page 7 of 7 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. General Services tapes are for the sole purpose of backup for official records of the Department . ui-f(!:- L J, ATTEST: _M--b\ \ r\ .(1) C~O~U Katrina Cook, Secretary . There being no further items on the agenda, Chairperson Ledferd adjourned the Board of Adjustments meeting at 7: 11 pm. "----- "l:~'~ . . PAGE -1- CITY OF OKEECHOBEE . AUGUST 23, 2005 - BOARD OF ADJUSTMENTS. HANDWRITTEN MINUTES I. CALL TO ORDER. Chairperson: August 23,2005, Board of Adjustment Regular Meeting 6:30 p.m. II. CHAIRPERSON, BOARD MEMBER STAFF ATTENDANCE. Secretary. Present Absent Board Member Christopher Mavroides Board Member Devin Maxwell Chairperson William Ledferd Vice-Chairperson Dawn Hoover Board Member Kenneth Keller Board Member Thomas Keller Board Member Douglas McCoy ~'(" \ (lC\ Alternate Terry Burroughs >Os. .~()\\~ Alternate John Whidden rnerf\~ Attorney John R. Cook Secretary Katrina Cook III. MINUTES. Secretary. A. Board Member DH- moved to dispense with the reading and approve the Summary of Agency Action for the July 26, 2005 Regular Meeting; seconded by Board Member _bmc.., . VOTE Hoover K. Keller T. Keller Ledferd Mavroides Maxwell McCoy YEA NAY ABSTAIN ABSENT MOTION: CARRIED - DENIED . . PAGE -2- -- IV. New Business - City Planning Consultant. A. Consider Petition 05-003-V: David and ReneWilson are the property owners and applicants. The subject property is located at 816 Southeast 11th Street. The purpose for the request is to allow for an encroachment on an easement and standard setbacks from the required rear setback of 10 feet to 6 feet, and the required side setback from 10 feet to 0 feet for the development of an enclosed pool and spa. J\m laR~ bY~~\~ clwctl~d. ~fo-Q~ 'rJtOr+ w12:co.:'ld m.Q.fYI bLr ~ . MY. La..Rw Y-tO-d ~~~on to -Ill t-70- 37+ - vavUinu ~frYU WllDQV) - ~Ontld pJOl bthlnd ~ m\M)JL \novV~lXA LOluctr{~ dw tD fPL rQQW/.tHyurds. 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Consider Petition 05-004-V: Winifred James is the property owner, Donald Scott Montagna is the applicant. The subject property is Lot 25, Block 3, City of Okeechobee. The subject property is located in the 100 Block of Northwest 13th Street. The purpose for the request is to allow for the development of a 47.5 foot wide lot that does not meet the minimum required width of 50 feet within the Heavy Commercial (CHV) Zoning qistrict. 0"\ffi \Jt\<,\-UL Dnd-l~\ l\WCXLbtd 6to-PC RzQur+- ) DffiC ~ ~ttx1cJL \SS~U:S? 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ADJOURNMENT - Chairperson Ledferd at .-,; I L p.m. . CITY OF OKEECHOBEE BOARD OF ADJUSTMENT MEETING AUGUST 23, 2005 OFFICIAL AGENDA PAGE 1 oF2 I. CALL TO ORDER: Board of Adjustment, August 23, 2005, 6:30 p.m. - Chairperson. II. CHAIRPERSON, BOARD MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson William Ledferd Vice-Chairperson Dawn Hoover Board Member Kenneth Keller Board Member Thomas Keller Board Member Christopher Mavroides Board Member Devin Maxwell Board Member Douglas McCoy Alternate Terry Burroughs Alternate John Whidden Attorney John R. Cook Secretary Katrina Cook III. MINUTES - Secretary. . A. Motion to dispense with the reading and approve the Summary of Board Action for the July 26, 2005 regular meeting. IV. NEW BUSINESS - City Planning Consultant. A. Consider Petition 05-003- V: David and Rene Wilson are the property owners and applicants. The subject property is located at 816 Southeast 11 th Street. The purpose for the request is to allow for an encroachment on an easement and standard setbacks from the required rear setback of 1 0 feet to 6 feet, and the required side setback from 10 feet to 0 feet for the development of an enclosed pool and spa. B. Consider Petition 05-004- V: Winifred James is the property owner, Donald Scott Montagna is the applicant. The subject property is Lot 25, Block 3, City ofOkeechobee. The subject property is located in the 100 Block of Northwest 13th Street. The purpose for the request is to allow for the development ofa 47.5 foot wide lot that does not meet the minimum required width of 50 feet within the Heavy Commercial (CHV) Zoning District. - JULY 26,2005 - AGENDA - PAGE 2 OF 2 , 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 int~rested 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 General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Fee Paid: 1st Hearing: Notices Mailed: V" Name of property owner(s): David & Rene' Wilson Owner mailing address: 816 SE 11th Street Okeechobee FL 34974 Name ofapplicant(s) if other than owner (state relationship): n/ a Applicant mailing address: n/a Name of contact person (state relationship): David & Rene' Wilson 634-0033 Rene' Fax: 634-5076 Property address / directions to property: 816 SE 11th Street Okeechobee FL 4 74 Indicate current use of property: residential Describe improvements on property, including number/type of dwellings and whether occupied (if none. so state): This is an existin famil residence. We would like to add 001 e Approximate number of acres: O. 2 Is property in a platted subdivision? yes Okeechobee Estate Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: No Have there been any land use applications concerning all or part of this property in the last year? If so, indicate date, nature and applicant's name: No Is a sale subject to this application being granted? No Is the subject parcel your total holdings at that location? Ifnot, describe the remaining or intended uses: Yes Describe adjoining land uses / improvements to the North: Residential South: Residential'" Existing zoning: East: Residential West: Residential Future Land Use classification: Actions Requested: L-J Rezone L-J Special Exception ~ Variance Parcel Identification Number: 3-22-37-35-0290-00000-0370 V" I hereby certifY that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $5 0 and imprisonment of up to 30 days and may result in the summary denial of this application. iQl"AIt'-I Wd~ Printed Name '1- L. - 0 C; Date Uniform Land Use Application (rev. I/03) Page I of 2 . . Current zoning classification: Requested zoning classification : What is your desired permitted use under the proposed classification: If granted, will the new zone be contiguous with a like zone? Is a Special Exception necessary for your intended use? Variance? Describe the Special Exception sought: Provide specific LDR ordinance citation: Are there other similar uses in the area? Is so, describe: Why would granting your request be in the best interest of the area and residents? Ifbusiness, briefly describe nature including number of employees, hours, noise generation and activities to be conducted outside of a building: Describe Variance sought: Hardship - When house was built in 1967, setbacks were different. At that time we could have had a pool and patio. Describe physical characteristic of property that makes variance necessary: existing side and rear setbacks Did you cause or contribute to the characteristic? Is so, describe: No What is the minimum variance necessary? 6 foot to structure in rear; 0 side setback Uniform Land Use Application (rev. I/03) Page 2 of 2 . . July 6, 2005 Dear Members of the Board: We are formally requesting a variance to encroach on an easement and standard setback that will allow us to install an enclosed pool with an adjoining patio deck located at 816 SE 11th Street Okeechobee, FL 34974. We are the owners of lot 37 - parcel id# 3-22-37-35-0290-00000-0370. This is an existing family residence which is zoned RSF1, as is all adjacent property. We are trying to construct a 14'x28' pool with a hot tub on the southeast portion of the property, with an adjoining patio deck, as shown on attached exhibit. There is an existing power line behind our house between our lot and the lot south of ours. FPL's 10' clearance from their power line precludes us from constructing the pool behind the house. We are proposing to construct the pool on the southeast end of the house, which would be constructed with no setback from the property line and 6 ft. from the back property line. I, Rene' WIlson, have lived at this residence since I was a little girl. When my parents sold the house, I purchased it, as it has a lot of sentimental value to me. I am now a parent of three daughters, and would like for our home to be a place that they will want to spend their free time. Being a parent, I would rather have my kids invite friends over to swim and spend the day, than have them asking to go to someone else's house. With the addition of Blue Heron and other new developing homes in our area, we feel that this new addition would be welcome in the community. We would like to improve the property with a pool and patio deck This not only would upgrade the value of our property, but would upgrade the value in the community. Your favorable response to our request will be greatly appreciated. Thank you for your time in this matter. Respectfully yours, ~tv-Z- - David WIlson ~li' Ut:>OJ\., Rene' WIlson 816 SE 11TH STREET OKEECHOBEE, FL 34974 . . 622354 I r i If' ,~ V v [ t ~ ~ - \" If (j l:- L 0- Q ~ <-.c > !~ ;. (' : i I --;;-\ . ~~ ~ ..... L \1 t ~I s- ,.rr ~' ~ fI\ ~ llj ,5 I ~, 1 ~ ~, . .~.~..-"~~ ',......!J.- / ~ ;:r-p~ ....~ .. ... "" , ~ II r. ~ U : ' (4 ~ ' : ' . ~ 1,1 ~ .f;l J I, ~ ! I I ~ ~ i i I ; I ~ ~ ~ i I ~ I J J ? I . . ....... ID NIImb." 3-22-37-35-0290-0??oo-0370 G~nree II TIN:. 0...... 12 TIN: Warranty Deed This Indenture. Made this 11th day of March, 1998 A.D., Between JAMES R. BARNEY and 1\fIRIAM A. BARNEY, husband and wife 816 SE 11TH STREET OKEECHOBEE FLORIDA 34974 of the county of OKEECHOBEE " State of FLORiDA , grantors, and DAVID W. WILSON and RENE L. WILSON, husband and wife whOse address is: 3352 NW 33RD A VENUE OKEECHOBEE, FL 34972 ,~tate of FL , grantee(s) WitneSseth thaI the GRANTOR(S) . for and in consideration of the sum of - - - - - - - - - - - - - - -TEN & NOIlOO ($10.00) - - - - - - - - - - - - - - - - DOLLARS, and other good and valuable consideration to GRANTOR in hand paid by GRANTEE(S) ,the receipt whereof is hereby acknowledged, has granted, bargained and sold 10 said GRANTEE heirs and assigns forever, the following land, situate, lying and being in County of OKEECHOBEE State of FLORIDA To wit: LOT 37 OKEECJ{OBEE ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 20, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SUBJECT TO ~ovenants, restrictions, easements of record and taxes for the current year. Subject to covenants, restrictions and easements of record. Subject also to taxes for 1998 and subsequent years. and the grantor(s)' does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. In Witness Whereof, the grantor(s) has hereunto set his hand and seal the day and year first above written. 16 SB 1IT11 STREET ~ OKEECII . FLORIDA 3491. ~.\~..:..:) ctJC>Jo...~ MllUAM A. BARNEY C S S16SE Iln. STREET OKEECHOREE. FLORID~ ISI.Mllft} Witness: tPrimrd N.me) (Si,I.'lIft') Witness: fI'rlnc~d N.mrJ STATE OF Florida COUNTY OF Okeechobee Sworn to and subscribed before me this 11 th day of March, 1998 JAMES R. BARNEY and MIRIAM A. BARNEY. husband and wife by This Document Prepared By: Okee- Tantie Title Company, Inc. SUSIE LIPSCOMB Post Office Box l211 Okeechobee, Florida 34973 who are personally known to me or who have produced a drivers Iicens 12253 LOT 41 . eDGE PAverErlT Fe: O.B'E. t.3'N. --- ReS LOT :56 RE<; I DEtICE '" ~ 10 '" ~ RBF w/Cap No. 6-402 - - -FC:0.2'E. 0.6'S. pp LOT 98 LOT 42 RBF '" e. I IlH CiTREET reVADA '1'REE!T [P J 60' A/H - ASPHALT f- 9]'4 9S9"27'2I'E 7S'IPI 9B9"02'06'H 7B.OI'IFI 0: !Q ~ I ~ ~I 1 10.9' IU' 17.9' 10 nJ 1~T'1'. "' AC 10 REG I Der1cE fll 12. 0' ~ U.B' t7.8' .... n; ~ '" - '" ., "- 1Il ! I /0,1 LOT 57 ;Ii I SB9" 23' 39' M 77. 97' (P) - Ssrn 6g;w 78. 01' iFJ6. EASEMEHT CMF --- Fence line: 9. 9'E. SB9" 23' 39" H (ASSUMED) W. 6B' (FJ LOT 97 RE<; / DEriC!! ~ ill ~ '" ~ '" A 30 t5 30 SCAlE: A9 SHOMN LOT 96 TYP I CAI... l..eGEI"O I NHEAE APPLICABLE-SEE IlAAHIHG) CIf-CONCRETE MOI\\JNENT FOUNIl ABF-REBAR FOUND ASS-REBAR SET ,/Cap Ho.5178 (F)-FIELD IEASlJAE (PHs PER PUT (Cl-CALC.OISTAHCE 10J-AS PEA OEED S/T-SEPTlC TAlI( MH -MANHOlE FC -FENCE CORNER PP -POIlEA POLE CMP-COARUG.I4ET. PIPE Toe-TOP OF 8AN< RCP-RE I NF. CONC. PIPE C8 -CATCH BAS I N -- OVERHO. LINE IIN -MATER METEII -- FENCE WE UG -1MDER6ROUNJ I \-- Q.RVey~ rt:7Te<i: 1. Bear I n9s shown are rei at I ve assu'l ng SB9"23 39'M along S.Lot line/Plat lI.,1. 2. Th I s survey Is based on I nror.at I on provided by the custollr/agent and no search Nas .ade of pub II c records by th 15 om ee to ver Ify or deny oNners, easllents. or right-of ways. 3. No v I sib I e or Underground leproveaent has been located except as shoNn. 4. This survey 15 not valid without ms:~g~:~nfa~dFml ~~ / ~l ~:~sed SUrveyor and Mapper. 5. Accord I ng to F I RN .ap dated 2/04/1981 panel · t20177 0230B, parcel II es In Hot Included Area of City Lle/h, Flood Zone C. per Okeechobee County PI ann I ng & Zon I ng Departllnt. 6. Property Address Is: SIB S. E. It th street, Okeechobee, Fl. i ii LOT 95 ll. ~~ ~ I w~ uS t '" '" "- Ii: ..; ;: .... ~ ill ill I ~ 89.5B'IF~)_~ I . I 147. 56'(PJ I I I Pl...AT LIMIT Q.RVey OF: LOT 37. Ot<EECHOBEE ESTATES, ACCORDING TO THE PlAT THEREOF AS RECORDED IN PLAT BOOK 3. PAGE 20 OF THE PUBlI C RECORDS OF OKEECHOBEE COUNTY, FLDA IDA, In- J ~5 i ~ ~ - li&>~ ~E ~: ~ I ~a ~l!l ~@ ~,rC~ ~~ if, ~ i '" ~~I ~... ., ! !i ~ ... e III ~ - 11 I ;;; ~ i:/ ~ ~ ., = en b ~ ! ':' ::l 'nl '" i ... i!l ;; "- ,C) ~ ~ 2i ~ f ~ ~ ~ i I c;::o -.,; " . 1375 J.on Street, Suite 206 Fort M , Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(cl?att.net LaRue Planning & Management Services, Inc. Staff Report - Variance Request Prepared for: Applicant: Petition No. The City ofOkeechobee David & Rene' Wilson 05-003-V Staff Report Variance Request AplJllcant: David & Rene' Wilson Petition No.: 05-003-V General Information Applicant Phone Number: David & Rene' Wilson 816 SE 11th Street Okeechobee, FL 34974 (863) 634-0033 Applicant: Applicant Address: Existing Pt"oposcd Property Control Number 3-22- 37- 35-0290-00000-0370 Future Land Use Single- Family Designation Zoning District RSF-1 Acreage 0.2 0.2 Density 5 du ac Access SE 11 tn Street Legal Description: LOT 37, OKEECHOBEE ESTATES, ACCORDING TO THE PLAT THEROF AS RECORDED IN PLAT BOOK 3, PAGE 20 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Introduction: The applicant is requesting a variance from Section 90-105 (b) of the City of Okeechobee Land Development Code to allow for 6 feet rear setback and 0 feet side setbacks in the RSF-1 Zoning District. Background: The subject property is approximately .2 acres fronting on SE 11 tho The applicant intends to construct a 14' X 28' enclosed pool/spa with a patio deck. There is a drawing enclosed that illustrates the location of the proposed pool and spa. The dwelling has public utilities and the adjoining property users are as follows: North: East: South: West: Residential Residential Residential Residential Discussion: After reviewing this application, Staff has determined that the request does not satisfy the criteria outlined below for granting the variance: ...,....,' " Staff Report Variance Request . .icant: David & Rene' Wilson Petition No.: 05-003-V A. Special conditions and circumstances exist which are peculiar to the land or structure involved, and are not applicable to other land or structures in the same zoning district. The structure was built in 1967. As built, the principal use meets the required setbacks. The requested accessory use will not. As presented, Staff does not see any special conditions or circumstances which are peculiar to the land or structure. B. The special conditions and circumstances do not result from actions of the applicant. There are no special conditions or circumstances for the subject property. Unfortunately, the structure was built in a manner that prevents an accessory use of this size to be placed on the rear portion. C. Literal interpretation and eriforcement of the Land Development Code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning districts under the terms of the Land Development Code, and would work unnecessary and undue hardship on the applicant. No, literal interpretation and enforcement of the Code would not deprive the applicant on any rights. No unnecessary or undue hardships would be imposed on the applicant by granting this request. D. The variance, if granted, is the minimum variance necessary to make possible the reasonable use of the land or structure. The requested variance is for an accessory use. The land and the primary use are still practical without granting this variance. E. Granting the variance request will not confer on the applicant any special privilege(s) that is (are) denied by the Land Development Code to other land or structures in the same zoning district. Yes, if this request is granted a special privilege would be granted to the applicant that would otherwise be denied by the LDC to other structures in the RSF -1 Zoning District. 2 - Staff Report Variance Request Applicant: David & Rene' Wilson Petition No.: 05-003-V F. Granting the variance will be compatible with the intent and purpose of the Land Development Code, and the variance will not be injurious to the neighborhood or detrimental to the public welfare. No, granting this variance would not be compatible with the purposes of the Code. Recommendation: Staff recommends denial of the request to allow a variance from Section 90-1 05(b) permitting the applicant to have a side setback of 0 feet instead of the required 10 feet and to have a rear setback of 6 feet instead of the required 10 feet. Submitted by: James G. LaRue, AICP Planning Consultant August 16, 2005 3 44 City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: 'I 1st Hearing: Petition No. () 5 - 00 l{- - V Jurisdiction: &) NIA Fee Paid: Notices Mailed: Indicate current use of property: Describe improvements on property, including number/type of dwellings and whether occupied (if none. so state): FE"MC-E c- ~ '0. if Is property in a platted subdivision? fS Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: Have there been any land use applications concerning all or part of this property in the last year? If so, indicate date, nature and applicant's name: /\,/'0 Is a sale subject to this application being granted? Is the subject parcel your total holdings at that location? Ifnot, describe the remaining or intended uses: p East: -r Describe adjoining land uses / improvements to the North: LJ Special Exception Parcel Identification Number: V' I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the summary denial of this application. ~CIJ1D1,/ .J m~- / Dd#4L{? 5 AJOA./74-bA/4- 7 /2 3/05 Si ature ~ Printed Name Date Uniform Land Use Application (rev. I/03) Page 1 of 2 Current zoning classification Requested zoning classification : What is your desired permitted use under the proposed classification: If granted, will the new zone be contiguous with a like zone? Is a Special Exception necessary for your intended use? Variance? Describe the Special Exception sought: Provide specific LDR ordinance citation: Are there other similar uses in the area? Is so, describe: Why would granting your request be in the best interest of the area and residents? Ifbusiness, briefly describe nature including number of employees, hours, noise generation and activities to be conducted outside of a building: Describe Variance sought: LDts,z,;- --G,r i'udJ;", tf7.5C'X''(50.ll Describe physical characteristic of property that makes variance.~ecessary: 4 e r ~.?.;z::::;. e- Did you cause or contribute to the characteristic? Is so, describe: /YO What is the minimum variance necessary? 2,50 tEet shor.t. Uniform Land Use Application (rev. lI03) Ke~o LD~ (\ 'S..QA:. q 0- a'&'5 I) 5b ~<H \J.f . Page 2 of 2 ~~ .... 0-.1 ~ Zcc: u.. 0::) ex: - an V)O 0>- .. t-C,) ut- ES wZ Q;: .... 0::25 z: UJ- a.. co::) cx:U OU r- 0: bw O::u u..W Z',... CD a:: 00 00 w:I:: ~ oc~ -Ju M <tex -...... u.,u.J Q ::I:.UJ :.c Vl -.l 0 V o M en c.o 00 ~ '0 'E ~ l'G ~ ~ ..... ~ l';$ J; 1::: ~ +' '5 u t- .E .E u I i ~~ ~ ~ r..:~ c!\)~1 ~~~ ~~13~.g~ ~ ~lz; I ~ ~ ~~~~j~ 3.....00(/)0 2.:l t'-:;:i i:fJ w . ll~ 0 4 9 7 PMlE 0 0 0 6 . nus fNSTRVMHIT PREPARED DYAND RE1UR.N TO: Pamcia A. R~on Eliu: Title, Inc. 412 N.W. 3rd Slteel Okecchobee. Florida 34972 PrClJ"'fiy Apprai..,rs Parcel ldenlilkotioll (Folio) Numbers: 3-15-37-35-0010-000:30-0250 SPAt: f: N}\;'YIl TillS LtNl> fOR RECOItDING DATA_ /,lill THIS WARRANTY DEED, made the&-. day of Marcil, 2003 by M 8& J Lapd" Inc.. a l"lorJda rorporalioD hen:itl called the llrllnlor, to Winifred J. Jame.. a marrled woman whose rO~1 office addless is 1012 SE 16th Court, Pompano BUcIl,Fl 33l>62, berelna&T clSUed Ihe GnlJlttIC: (1Yh&rrl'tl'T tued hrrein the lenrar 'grGHf(t'* !~tld '8r41ttun hwlud" "JJ the parlles 10 ,his ilUt1'1Imt:m and 114~ lI.dl"~. lDgill .'f.prB.Jf;'nt(~;i"t!s and a...uigns oftFldivir./"ats. and YW J~C'eSSOrS a.,d ..usii1JS 0..' ..'Orporatw/U) Vl'I l' N Ii: S :S E T 1l:J'hlll !he .rantor, for and inconlideration of the SW'Il ofTEN A..1\'D CO!IOO'S ($ICtOO) Dolla1"l :llld other valuable CQUSideJatioilt, re<:cipl whereof is here:by acknowledged, bereb;f t:ranls, bOtillinS, sells, aliens. r<:mise!, r~leMes, conveys lInd ;:onol'ltls \lOID the ljrantce al/ tlat certain land ,ntuSIe in OKEECHOBEE Caunl)', S\al~ of Florida, vir.: Lot.25, Block 3, oLOKEBCHOBEE, 2ccorc.ing.to the plat thereof, recoro~0 In Plat Book 5, Page 5, of the Public records of Ok~~TJJRlrfl~m<rn'ts';lnhX~o.f.l~~a''llIlB' of morel and tll ~a.le. for the )'ear V}I)3 and Ibereaner. TOGETIfER, with all the le~en(;j. hereditamelJu and appurtnlliIlC<:S thereto helooi:ng or in anywise' lIppercu:.ning. TO HA "E,~"\lD TO HOLD, tl~ Sl'lIle in ree SD.'J.f'c ferevCf. A."'iD. the llf8:ttO'f hcr<:by O11'f;l1tlOts wilh ~aid ir!Ul11>e tho.l the ..rlil1tor is lawf'.tIJ)i seized of said lfllld in fee simple; that the irelltor he.. iOoo right and lawful fludll'nry to seU and com~y Said ltuld, llIll1lmeby wa:nnts the tille 10 s.ud Illlld and .....iU de.feIid the swr.e a~ain91 the la""'fuI claim$ of aU pel'l'ons whomsoever; l!IIJ l1mt SIlld lam! is frC<l (of 1111 eDC1:.mbrance.s, ex.c>:):'t Iaxe~ r:.ccruing sl1bseqllellt to December 3!. 2002. L'i \\'ITNF.SS \\1JEREOF, th", !laid lIrNlK-r IlIn ,jgned and r.ea!~ these preJe11~ the d:iy and year flIst above wr1Hen. Si);neu. sealed anJ delivered in the preseJl<'e of: M & J LlUld.. -1:JJ~'-'--"". . _ ," . ( , . . _./ ~'" I /' ,/~;rtz,::C-'-==:Mk:LL12 f ~~~~T;~~.'b~r ~;i:? </ .. r 1J::t:) . j . - . / .!UI'11\f(\if} L lYk:.' '. 4-11-_ WI"",... .......,,_ . 7!1; ~C(~ vi - _tJ/ wi f:f;S~ e _ t/ll4.l-1./ ..J...% ~ /11 e&/~tzJ1.t..f_ Witne~l. ilirinred Name A _-,~"I , f'/- _./ /:::~_J '/ .' V ~vf L__ /_~vte_~?_); /r /' I (; C/' STATE OF FI,ORIDt\ COL"'".:\'TY OF......- File No.: 03-1030 lIle.lt '/"a& l!C l)'J wledgcd 1>:for-: Die thia ~ day of.!I.larch, 100:; by Roy C. hues, JT.. Secrew:- . TTl'-l\Surer of ,t.'I &: J L~nd9, Inc. 1m br.half of The it; personally .0\\':010 00" Of has proo-U-;d.;f>.P Jt,~f)' Ii O~__A&~ a~ identification. . ~Q~~~ a&;;,:~~n~~- L:~'.:~~~~'x~i\ The fo 70mg in'! and'/'; . ~\\\\""I1"""l cOTpOmtion 0 ~,,'~\~t-. L. Mea!!"". ~~~.... ....... <./~~ ~<)~..~\t.\SSlo"';:.~AA ~ .' cP ~?;l~ 19 ~ '''.L~L .::: .~ ~~ '<b~. ~ ~ i ~ ~\P: E -*. .... .*- ~~\ #DD185073 ./l~~ ~::;.;.;\ 8onded\\l\ll~~~"~$mmis&ion E'lpl!Oi: 'I J J c j"'()t %~~2:Pub1k:IJnde':~'~~.# 0(' d '\ :I"''''ll\9lic'ST~1''- ~\"~ "I'1/illl"\\\\\~ - RECORDED AS RECEIVED , ,-'. .- ~ ~ ,j' !;(l D SearchResults Page 1 of2 2005 Proposed Values I -.. Okeechobee County Property Appraiser Last Updated: 7/25/2005 Parcel ID: 3-15-37-35-0010-00030-0250 Owner &. Property Info << Prev Search Result: 11 of 11 Owner's Name JAMES WINIFRED J Site Address 130 NW 13TH ST, Okeechobee Mailing 2131 NE 54TH TRAIL Address OKEECHOBEE, FL 34972 Brief legal CITY OF OKEECHOBEE LOT 25 BLOCK 3 Use Cesc. (code) VACANT (000000) Neighborhood 618610.00 Tax District 50 UC Codes Market Area 70 ~Qfalf,lianir; '-. ...... - ,,-',' i>i';::':T;,:-:i!:'_'..",.::>".",i"--' '-..,<,::;- Area 'd~16iAtRE'S' .,.. <<Prev 11 of 0 Next >> Property &. Assessment Values Just Value $6,098.00 Class Value $0.00 Assessed Value $6,098.00 Exempt Value $0.00 Total Taxable Value $6,098.00 Mid Land Value cnt: (1) $3,823.00 Ag land Value cnt: (0) $0.00 Building Value cnt: (0) $0.00 XFOB Value cnt: (1) $2,275.00 Total Appraised $6,098.00 Value Sales History Sale Date Book/Page Inst. Type Sale Vlmp Sale Qual Sale RCode Sale Price 3/4/2003 497/6 U 03 $3,500.00 Building Characteristics Bldg Item Bldg Desc Year Bit Heated S.F. Actual S.F. Bldg Value NONE Extra Features &. Out Buildings Code Desc Year Bit Value Units Dims Condition (% Good) FENC A 6'C/L 3BRB 2003 $2,275.00 392.000 OxOxO PD (98.00) Land Breakdown Lnd Code Desc Units Adjustments Eff Rate Lnd Value 004000 INDUSTRIAL (MKT) 47.500 FF - (.161AC) 1.00/1.00/1.00/1.00 $80.50 $3,823.00 Okeechobee County Property Appraiser Last Updated: 7/25/2005 _ Search Result: 11 of 11 J~_ I HOME I Record Search I GIS Map I General Info I Exemptions I Tangible Tax I FA Q I Contact Us I http://www.okeechobeepa.com/GIS/D _ SearchResults.asp 7/26/2005 -..-.....-...-., . . STATEMENT OF INTEREST From;Donald S.Montagna To:Okeechobee City Planning and Zoning Commissioners. I wish to purchase this property for the purpose of erecting a metal garage type building for the purpose of storing and working on my own recreational vehicles.Boat,travel trailor, motor cycle, ATV. Ect. Be it known that I do not intend to operate business from this property,amd would greatly appreciate exception to allow for this buiillding to be erected. Thank You Donald S.Montagna 7-27-05 .......... LETTER OF CONSENT IWinifred J.Jarnes hereby offer my consent to Donald S. Montagna to appl.cfor variance or special exception for property located at 124 N.W.13th st. Okeechobee F' . other wise known as lot 25 and shown onrecords book 2 page 17 of county records. state of F'orida county of Okeechobee sworn and subscribed to before me this a" Day of J\)\~ Persona 11 y known to me or produced F="l.. \::>'" '" . L:\ Co . identification and did-not take an oath. ,20'0';; ~~.Q Notary Public-state of Florida SEAL Sfumnon !1rlu/fwtfmu{ _SHANNON MULHOLlAND . Notary Public. state of ROOda .. My Camm. Expires June 24, 2008 Comm. No. DO 332394 ~ ., ,.-..........---......-.'~". ~ -- t.. 1 \~ ~k ~ 'l. 'R ,"-; ~ ~ ~ ~ ~ ~ ~. . J~; ,.~. . , . .,..pWH.m. ~_"'._;_. _ --?' ./le./~~/ /~~ /opJ? ~/ ........ ~ ..'17, r't> .. .~ ,----. r~ .Y t ;I,&'Jr-~ ~ ~ ~ I ~ ~ t' /~ I A:;? J)" ~ t ~ '\ .~.~ ~ ~ ~....~ ~ ~ .~.~ ~ ~-.. \~ t"~ i" ., · \ '.:J ~ /?' CP 7(!/ ~ #~~;?~.. ~TA;A~ ( 7/30 S-~r;cr kc I- s~ CZ- \,~d/". .. ~ 0, ~ Y,tl~\f7/1-fc.t' /Yt:W, /~~~Y;/. '\\ " ~ '4( ,...,... '. .. /;> ~,~ I #~ .:7 .. - ,'" ~ '<},I 1/',4' c;;//I/' ~.d) ,- ., . . 'rJla ( J J 1 ~J ~ il ~~' ~ J ~~ ~ ~l ~.~ ~ i~ 1 ~ ' I - - - - "J..", 15' ALLEY CULVERT RBF 589' 59' 29' W LEGEND RBS l' SOIITH 47.50'1 F&PJ R8F - Rebar Found R8S - Rebar W/Cap Set IPF - Iron Pipe Found CMF - Concrete Monument Fauna PRM - Permanent Reference Monument [PJ - As per tne plat of [FJ - FIeld Measurement (OJ - As per tne deed I C) - Calculation NO TES: J. 8asls bearing r;: r;: 2. Baarlngs shown ~ ~ 3. Not valid wltnout tne signature and tne origInal raIsed .... .... seal of a Florida lIcensed surveyor and mapper. .... .... c::i c:: LOT 25 c:: ~ LOT 26 4. Oescrlptlon furniSh by owner. LOT 24 10 .... ~ '" <:, ~ '" ~ 10 ~ ~ .... VACANT '" ... '" .... .... Q Q CERT IF lED TO: C C WIN/FRED J. JAMES ~ ~ SE CORNER OF SURVEY OF: S89'59'29'W BLOCK 3 LOT 25. BLOCK 3. OF OKEECHOBEE. ACCORO I NG TO THr:: PLA T mr::REOF. ReF Res 47. 50' I F&PJ RBF "-_:" AS RECOROr::o IN PLA T BOOK 5, PAGE 5, OF THE PUBLIC RECORDS OF 589' 59' 29' W 205. 00' I FJ \j OKEECHOBEE COUNTY. FLOR lOA. CERTIFICATE OF SURVEY ~ I HEREBY CERTIFY THAT THE PLAT OF SURVEY SHOWN HERr::ON WAS PRr::PAREO UNOER MY 0 I RECTI ON ANO SUPER V I S ION. NW 13TH ST, ~~ - - - - - CENTERt. IHE IICALt I' . 30' UlCATI/IIII LOT 2S IlUC lICEE1:ltalEE C i TV Sf- TI'-RB LELAND DYALS Wf"'ITI11 _ BIIIl'IY !'DR: II: OS/08/OS r WINIFRED NI/.: 64t9 R. L. S. 2084 LD NI/.: ~~19 JAMES lIT 1 Ill' 1 304 S. /II. 3rd AVB. . OkBBChobBB. FIB. PHONE.....7IIJ-oUIOfI FAX. . . . . '1IIJ-IfJ()Q NI/. 1EV181_ IloIIIr BY -. F. So 1Pf,: Co. 18173 . 1375 J.on Street, Suite 206 Fort M , Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning~att.net LaRue Planning & Management Services, Inc. Staff Report - Variance Request Prepared fOr: Applicant: Petition No. The City of Okeechobee Donald Scott Montagna 05-004-V Staff Report Variance Request Applicant: Donald Scott Montagna Petition No.: 05-004-V General Information Owner Phone Number: James J Winifred 2131 NE 54th Trail Okeechobee, FL 34972 763-5694 Owner: Owner Address: Applicant Phone Number: Donald Scott Montagna 2458 SW 22nd Cir. East Okeechobee, FL 34974 561-512-9488 Applicant: Applicant Address: Existing P,'oposcd Property Control Number 3-15-37-35-0010-0030-0250 Future Land Use Commercial Designation Zoning District CHV Acreage 0.161 Density 5 du/ac Access NW 13 tn Street Legal Description: LOT 25 , BLOCK 3, OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, OF THE PUBLIC RECORDS OF OKECHOBEE COUNTY, FLORIDA. Introduction: The applicant is requesting a variance from Section 90-285(1) of the City of Okeechobee Land Development Code to allow for a 47.50 feet lot width in the CHV Zoning District. The property also has a Commercial Future Land Use designation. Background: The subject property is approximately 0.161 acres fronting on NW 13th Street. The applicant intends to construct a metal garage to store and repair boats, ATV's, RV's and motor cycles. In a letter submitted by the applicant, it was stated that this property will not be operated as a business. However, a storage use must be approved as a Special Exception in the CHV zoning district. The property has access public utilities and the adjoining property users are as follows: North: East: South: West: Vacant Warehouses Auto Repair Vacant 1 ._._,,_.~,___......................~,.o.. Staff Report Variance Request . AP.ant: Donald Scott Montagna Petition No.: 05-004-V Discussion: After reviewing this application, Staff has determined that the request generally does satisfy the criteria outlined below for granting the variance: A. Special conditions and circumstances exist which are peculiar to the land or structure involved, and are not applicable to other land or structures in the same zoning district. According to the survey, the subject property has a lot width of 47.50 feet. This condition is peculiar to the land and does not seem the result of a recent lot split. B. The special conditions and circumstances do not result from actions of the applicant. No, the condition does not result from the actions of the applicant. C. Literal interpretation and enforcement of the Land Development Code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning districts under the terms of the Land Development Code, and would work unnecessary and undue hardship on the applicant. Yes, if enforced, the Land Development Code requirements could deprive the applicant of rights commonly enjoyed by others in the City Zoning District. D. The variance, if granted, is the minimum variance necessary to make possible the reasonable use of the land or structure. Yes, the variance request is the minimum variance necessary to make reasonable use of the land. E. Granting the variance request will not confer on the applicant any special privilege(s) that is (are) denied by the Land Development Code to other land or structures in the same zoning district. No, by granting this variance the City would not be conferring any special privileges to the applicant. F. Granting the variance will be compatible with the intent and purpose of the Land Development Code, and the variance will not be injurious to the neighborhood or detrimental to the public welfare. Yes, granting the variance would be compatible with the Land Development Code and would not be injurious to public welfare. 2 Staff Report Variance Request Applicant: Donald Scott Montagna Petition No.: 05-004-V Recommendation: Staff recommends approval of the request to allow a variance from Section 90-285(1) (lot width) permitting the applicant to have a lot width of 47.5 feet instead of the required 50 feet. The property would also have to receive a special exception to erect a storage facility in the CHV Zoning District. Submitted by: James G. LaRue, AICP Planning Consultant August 16, 2005 3