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2005-09-27 CITY OF OKEECHOBEE BOARD OF ADJUSTMENT SEPTEMBER 27, 2005 SUMMARY OF BOARD ACTION I. CALL TO ORDER - Chairperson. Board of Adjustment, September 27,2005,6:30 p.m. Chairperson Ledferd called the September 27, 2005 Board of Adjustment meeting to order at 6:30 p.m. . II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson William Ledferd Vice-Chairperson Dawn Hoover Board Member Terry Burroughs Board Member Kenneth Keller Board Member Thomas Keller Board Member Devin Maxwell Board Member Douglas McCoy Alternate Carol Johns Alternate John Whidden Attorney John R. Cook Secretary Katrina Cook Board Secretary Cook called the roll: Present Present Absent - with consent Present Absent - with consent Present Present Present Present - serving as voting member Present Present . III. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the August 23,2005 regular meeting. Board Member Hoover motioned to dispense with the reading and approve the Summary of Board Action for the August 23, 2005 regular meeting; seconded by Board Member McCoy. VOTE HOOVER. YEA K. KELLER. YEA LEDFERD . YEA MAxWELL. YEA MCCOY. YEA WHIDDEN. YEA MOTION CARRIED. Se tember 27, 2005 - Board of Adjustment. Page 2 of 11 IV. NEW BUSINESS. A. Motion to remove from the table Petition 05-003- V. . Consider Petition 05-003- V: David and Rene Wilson 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 side setback from the required ten (10) feet to three (3) feet for the development of a pool and spa. This request was previously considered at the August 23, 2005 Meeting. The item was tabled to obtain more information from the applicants. . Board Member Hoover motioned to remove Petition 05-003- V from the table; seconded by Board Member McCoy. VOTE HOOVER. YEA K. KELLER. YEA LEDFERD - YEA MAxWELL. YEA MCCOY. YEA WHIDDEN. YEA MOTION CARRIED. Jennifer Morgan, representative of LaRue Planning and Management, City Planning Consultants, briefly described the Staff Report as follows: Planning Staff Report Introduction: The applicant is requesting a variance from Section 90-105 (b) of the City of Okeechobee Land Development Code to allow for a 3-foot side setbacks in the RSF-l Zoning District. Planning Staff Report Discussion: Mter reviewing this application, Staff has determined that the request does satisfy the criteria outlined below for granting the variance: (A) The Structure was built in 1967. The lot is not a large lot in terms of depth and there are existing power lines preventing another location for the pool on this lot. As built, the principal use meets the required setbacks. The requested accessory use will not. (B) The special conditions or circumstances for the subject property are not a result of the applicants actions. Unfortunately, the Structure was built in a manner that prevents an accessory use of this size to be placed on the rear portion of the lot. (C) Literal interpretation and enforcement of the Code would deprive the applicant of rights, commonly enjoyed by others in the RSF-l Zoning District. (D) The requested variance is for an accessory use. This would be the minimum variance necessary to make reasonable use of the proposed accessory use. The applicant will not erect a full enclosure but will only enclose the pool/spa as required by law. (E) If this request is granted a special privilege would not be granted to the applicant that would otherwise be denied by the Land Development Code to other structures in the RSF-l Zoning District. It generally is accepted that a given lot can contain a house and a pool if desired. (F) Granting this variance would be compatible with the purposes of the Code. September 27,2005 - Board of Adjustment - Page 3 of 11 IV. NEW BUSINESS. A. Consider Petition 05-003- V, continued. . . B. Consider Petition 05-005- V: City of Okeechobee Police Department is the property owner, Dennis Davis is the applicant. The subject property is located at 50 Southeast 2nd A venue. The purpose for the request is to allow for an encroachment on an easement and standard side setback from the required ten (10) feet to two (2) feet for the development of an aluminum awning. Planning Staff Report Recommendation: Staff recommends approval of the request to allow a variance from Section 90-105(b) permitting the applicant to have a side setback of 3-foot instead of the required 10 feet for the swimming pool. David Wilson, applicant, described that there will no longer be a screened enclosure. There will only be a concrete pad, pool, and spa. There was no public comment, nor any Board discussion. Board Member Maxwell motioned to approve Petition 05-003- V allowing an encroachment on the standard side setback from ten (10) feet to three (3) feet to specifically allow a structure (patio, pool, spa); seconded by Board Member McCoy. VOTE HOOVER - YEA K. KELLER - YEA LEDFERD - YEA MAxWELL - YEA McCoy- YEA WHIDDEN - YEA MOTION CARRIED. Jennifer Morgan, representative of LaRue Planning and Management, City Planning Consultants, briefly described the Staff Report as follows: Planning Staff Report Introduction: The applicant is requesting a variance from Sections 90- 375(2) and 90-447 of the City of Okeechobee Land Development Code to allow for a 2-foot side corner setback instead of the required 18.75 feet as specified in Section 90-447. The subject property is located in the PUB Zoning District. The applicants would like to replace an awning that was destroyed during the 2004 hurricane season (See enclosed letter). The previous Structure was nonconforming in terms of complying with setbacks: the proposed replacement is slightly larger for safety reasons. Planning Staff Report Discussion: After reviewing this application, Staff has determined that Se tember 27, 2005 - Board of Adjustment - Page 4 of 11 IV. NEW BUSINESS. B. Consider Petition 05-005- V, continued. Planning Staff Report Discussion, continued: the request generally does satisfy the criteria outlined below for granting the variance: (A) The subject property is developed with a limited amount of space for parking. (B) As stated earlier, the destruction of the previous awning was not caused by the applicant. (C) Literal interpretation and enforcement of the Code could work unnecessary and undue hardship on the applicant. The new awning being proposed will be 26x21. The previous awning was 20x21. The larger size will help to ensure safe ingress/egress into the bays. (D) The variance is the minimum variance necessary to make reasonable, safe use of the awning. (E) By allowing this variance the applicant will not have any special privileges but merely continues what previously existed. (F) Granting the variance will not be injurious to the neighborhood or detrimental to public welfare. There was not a visual obstruction with the . . prevIous awnmg. . Planning Staff Report Recommendation: Staff recommends approval of the request to allow a variance from Sections 90-375(2) and 90-447 permitting the applicant to have a 2-foot side comer setback. Bill Saum, representative of the Police Department, briefly described the request. He explained that the original awning was damaged during last season's hurricanes and that the Police Department wanted to replace it with a much safer awning than what was there before. . Board Member Maxwell question why the awning was not placed on the interior parking spaces of the parking lot. Bill Saum explained that it would not be feasible to place it there. He stated that there are too many vehicles, and to place the awning in the proposed location would be out of the way. Board Member Hoover questioned whether the awning would be located inside of the sidewalk. Bill Saum explained that the posts for the awning will be two feet inside of the sidewalk. There was no public comment, nor any further Board discussion. Board Member McCoy motioned to approve Petition 05-005- V allowing a two foot setback for the development of an aluminum awning; seconded by Board Member Hoover. . IV. NEW BUSINESS. B. Consider Petition 05-005-V, continued. . c. Consider Petition 05-006- V: Roland and Linda Durrance are the property owners and applicants. The subject property is located at 907 West North Park Street. The purpose for the request is to allow for an encroachment on an easement and standard front setback from the required twenty (20) feet to ten (10) feet, and the rear setback from the required ten (10) feet to five (5) feet. September 27, 2005 - Board of Adjustment - Page 5 of 11 VOTE HOOVER - YEA K. KELLER - YEA LEDFERD - YEA MAxWELL - YEA MCCOY- YEA WHIDDEN - YEA MOTION CARRIED. Jennifer Morgan, representative of LaRue Planning and Management, City Planning Consultants, briefly described the Staff Report as follows: Planning Staff Report Introduction: The applicant is requesting a variance from ~90.285 of the City of Okeechobee Land Development Code to allow for reduced setbacks in the CHV Zoning District. 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) The widening of State Road 70 resulted in the reduction of available frontage for setback purposes. (B) The special circumstances were due to state action and did not result from any actions of the applicant. (C) Due to the reduction in frontage, the applicant would be denied the opportunity to improve the building. (D) The variance is the minimum necessary for the expansion. (E) By granting the request the City will not confer any special or unique privileges to the applicant that the Code denies to other properties in the same Zoning District. (F) Granting the variance would be in harmony with the intent and purpose of the Code. The variance would not be injurious for the neighborhood or detrimental to public welfare. Planning Staff Report Recommendation: Staff recommends approval of the request to allow a variance from the setback requirement permitting the applicant to encroach on the front setback by 10 feet, and on the rear setback by 5 feet. Proposed conditions to the approval include: (1) The proposed expansion must be determined by the City Engineer not to cause an impediment to S.R. 70 traffic. (2) Parking and loading shall not be decreased below the current level. September 27, 2005 - Board of Adjustment - Page 6 of 11 . IV. NEW BUSINESS. . c. Consider Petition 05-006- V, continued. D. Consider Petition 05-002-SE: Skip's Bar-B-Que is the property owner, Dennis Bryan is the applicant. The subject property is located 104 Southeast 6th Street. The purpose for the request is to allow for a drive-thru to be located within a Heavy Commercial (CHV) Zoning District. Steve Dobbs, Project Engineer, briefly described the request. He explained that the owners wanted to add a front porch and expand the showroom and stockroom. Mr. Dobbs explained that this property is very close to the downtown area that permits a zero setback. Board Member McCoy questioned whether the box trailers would be staying and where the parking would be located. Mr. Dobbs explained that the trailers would be removed and the parking would be located along the side of the building. There was no public comment, nor any further Board discussion. Board Member Hoover motioned to approve Petition 05-006- V with the following stipulations: (1) The proposed expansion must be determined by the City Engineer not to cause an impediment to S.R. 70 traffic. (2) Parking and loading shall not be decreased below the current level; seconded by Board Member Whidden. VOTE HOOVER - YEA K. KELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOY-YEA WHIDDEN - YEA MOTION CARRIED. Jennifer Morgan, representative of LaRue Planning and Management, City Planning Consultants, briefly described the Staff Report as follows: Planning Staff Report Item Before the Board of Adjustment: The matter for consideration is an application requesting a Special Exception in the CHV Zoning District for property located at 104 SE 6th Street. The applicants are requesting a special exception to allow a drive thru window at existing restaurant that is being improved. It also appears that the drive thru has been in existence but has never been approved through the special exception process. September 27, 2005 - Board of Adjustment - Page 7 of 11 IV. NEW BUSINESS. D. Consider Petition 05-002-SE, continued. Planning Staff Report Consistency with the Land Development Regulations: When reaching a conclusion on a Special Exception, the Board of Adjustment shall consider and show in its record the following fmdings: (A) The use is not contrary to the Comprehensive Plan requirements. This is an existing restaurant and the use has not changed. (B) The use is specifically authorized as a special exception use under Section 90-283(1). As noted above, this is an existing drive-t:hn.k (C) The use will not have an adverse effect on the public interest. (D) The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. (E) The use will not adversely affect property values or living conditions, nor will it be a deterrent to the development of adjacent property. (F) The use will not be required to be screened from surrounding uses. (G) The use will not create a density pattern that will overburden public facilities. (H) The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The site plan has reviewed these items and handled them appropriately. . Planning Staff Report Recommendation: Staff recommends approval of the site plan review based upon the appropriate land development regulations being met. There was no public comment, nor any Board discussion. Board Member Hoover motioned to approve Petition 05-002-SE; seconded by Board Member McCoy. . VOTE HOOVER - YEA K. KELLER - YEA LEDFERD - YEA MAxWELL-YEA MCCoy- YEA WHIDDEN - YEA MOTION CARRIED. E. Consider Petition 05-003-SE: Haynes and Snsan Williams are the property Jennifer Morgan, representative of LaRue Planning and Management, City Planning Consultants, owners and applicants. The subject property is located at 408 Northeast 3rd briefly described the Staff Report as follows: Street. The purpose for the request is to allow for a single dwelling unit per commercial structure, not exceeding two bedrooms or eight hnndred sqnare feet, Planning Staff Report Item Before the Board of Adjustment: The matter for consideration by within the Light Commercial (CLT) Zoning District. Se tember 27,2005 - Board of Adjustment - Pa e 8 of 11 IV. NEW BUSINESS. E. Consider Petition 05-003-SE, continued. Planning Staff Report Consistency with the Land Development Regulations: the City of Okeechobee Board of Adjustment is an application requesting a Special Exception in the CLT Zoning District for property located at 206 N. Parrott Ave., Okeechobee, FL 34972-2931. When reaching a conclusion on a Special Exception, the Board of Adjustment shall consider and show in its record the following findings: (A) The use is not contrary to the Comprehensive Plan requirements as this is related to a business. A supportive residential use in combination with a business is appropriate for this area. (B) Section 90-253(15) permits one dwelling unit per commercial building, not exceeding two bedrooms or 800 square feet. (C) It will not adversely affect the public interest. The structure at one time was contemplated as a residential development. (D) The use is appropriate for the proposed location. The adjacent uses are residential and light commercial in nature, making this proposed use compatible with the surrounding area. (E) The property values and living conditions will not be adversely affected, nor will the request deter the development of adjacent property. (F) There are no nuisances or hazards associated with the proposed use. (G) Any affect on density will be minimal. Public facilities will not be overburdened. (H) The proposed use will not create traffic congestion, flooding, drainage problems, or otherwise affect public safety. . . Planning Staff Report Recommendation: Move that Petition No. 05-003-SE be approved based on the findings contained in the Planning Consultant's report dated September 9,2005. . There was no public comments, nor any Board discussion. Board Member Whidden motioned to approve Petition 05-003-SE with the stipulation that all City of Okeechobee parking requirements be met; seconded by Board Member K. Keller. VOTE HOOVER - YEA K. KELLER - YEA LEDFERD - YEA MAxWELL - YEA MCCOY- YEA WHIDDEN - YEA MOTION CARRIED. . IV. NEW BUSINESS. F. Consider Petition 05-004-SE: Hospice of Okeechobee, fic. is the property owner, Lisa Blackman is the applicant. The subject property is located at 411 Southeast 4th Street. The purpose for the request is to allow for an assisted living facility within the Residential Multiple Family (RMF) Zoning District. . Se tember 27,2005 - Board of Ad.ustment - Page 9 of 11 Jennifer Morgan, representative of LaRue Planning and Management, City Planning Consultants, briefly described the Staff Report as follows: Planning Staff Report Item Before the Board of Adjustment: The matter for consideration by the City of Okeechobee Board of Adjustment is an application requesting a Special Exception in the Residential Multi Family Zoning District for property located at 411 S.E. 4th St. Okeechobee, FL 34974. The Future Land Use designation for this property is Single Family which limits the density to that designation. Specifically, the applicant wishes to operate a residential hospice facility with up to 8 beds at this location. Planning Staff Report Consistency with the Land Development Regulations: When reaching a conclusion on a Special Exception, the Board of Adjustment shall consider and show in its record the following findings: (A) Because the site has inconsistent zoning and future land use, a compromise must be reached between the City and the applicant. By allowing this use as a special exception under the Residential Multi Family Zoning without the Multi Family Future Land Use designation, technically the applicant could be exceeding the maximum number of beds allowed by the Future Land Use Element for Single Family areas as described above. Alternately, the statute governing community residential homes states that there is no prohibition from approving these facilities in Single Family, Multi Family and Zoning areas. (B) Under Section 90-193(13), which states: The following uses and Structures are permitted in the Residential Multi Family Zoning district after issuance of a special exception use petition and may have additional conditions imposed at the time of approval: (13) Adult family care homes or assisted living facilities as provided by law. Under Section 90-103 (Special exception uses), which states: The following uses and Structures are permitted in the RSF 1 district after the issuance of a special exception use petition: (2) Adult family care homes or assisted living facilities as provided by law. (C) As stated earlier, there is an advantage to having this type of facility in the City. Because the site will be providing care for terminally ill and/or frail elderly patients it appears that by allowing this special exception request the public interest will not be adversely affected. (D) The facility would be appropriate for the proposed location as long as the number of beds would be compatible with the neighborhood. The surrounding existing uses, Future Land Use Categories and Zoning Districts are compatible with the proposed use as requested. (E) It does not appear that the proposed use with eight beds would adversely affect property values or living conditions, nor will it be a deterrent to the development of adjacent property. September 27,2005 - Board of Adjustment - Page 10 of 11 IV. NEW BUSINESS. F. Consider Petition 05-004-SE, continued. Planning Staff Report Consistency with the Land Development Regulations, continued: (F) The use may be required to be screened from the surrounding uses. Proper landscaping can accomplish this. (G) By allowing this use public facilities will not be over burdened. (H) The use will not create traffic congestion, flooding or drainage problems. . Planning Staff Report Recommendation: Move that Petition No. 05-004-SE be approved based on the findings contained in the Planning Consultant's report dated September 10, 2005. The following conditions for approval shall be: (A) The Hospice residential facility shall be limited to 8 beds unless the subject property land use changes to Multi Family. (B) This approval is for the existing building and future buildings. (C) Administration services for Hospice is authorized in co~unction within the residential unit. (D) The residential facility shall utilize City sewer and water facilities. (E) Parking shall be off street only. Number of parking spaces shall be consistent with Multi Family uses. Tommy Hoover, surrounding property owner, explained that since the property is zoned Residential Multiply Family (RMF) the applicants should be able to have fourteen beds if that is what they are requesting. Sandra Pierce, representing the applicant, explained that Hospice wanted the maximum number of beds possible. . Board Member Maxwell explained that he had a different take on the statute. He explained that he understood it to state six or fewer beds did not require approval. Regina Wood, representing the applicant, explained that they currently have space for twelve beds and that is what they are requesting. John Cook, City Attorney, explained that eight beds is consistent with the current zoning. He explained if the land use was changed to Multi-Family, more than eight beds could be permitted. There was no further public comment, nor any further Board discussion. . IV. NEWBUSINESS. F. Consider Petition 05-004-SE, continued. . 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 maller 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 bac~,P for .~ffiCiaI records , ~,e..~~ I., U'/7t/c 11)' / .'/ / \. --~ <'...-<-.( . ~-' ~,~. '---" ATTEST: (' 1\~'U\{L. CQ,tu Katrina Cook, Secretary September 27, 2005 - Board of Adjustment - Page 11 of 11 Board Member Maxwell motioned to approve Petition 05-004-SE with the following stipulations: (1) This approval is for the existing building and future buildings, (2) Administration services for Hospice is authorized in conjunction within the residential unit, (3) The residential facility shall utilize City sewer and water facilities, and (4) Require parking to go before the Technical Review Committee; seconded by Board Member Whidden. VOTE HOOVER - YEA K. KELLER - YEA LEDFERD - YEA MAxwELL - YEA MCCoy- YEA WHIDDEN - YEA MOTION CARRIED. ,..~.:: c-~ There being no further items on the agenda, Chairperson Ledferd adjourned the Board of:;; Adjustments meeting at 7:33 pm. . CITY OF OKEECHOBEE . SEPTEMBER 27, 2005 . BOARD OF ADJUSTMENTS. HANDWRITTEN MINUTES . PAGE -1- I. CALL TO ORDER - Chairperson: September 27.2005. Board of Adiustment Regular Meeting 6:30 p.m. II. CHAIRPERSON, BOARD MEMBER STAFF ATTENDANCE. Secretary. Chairperson William Ledferd Vice-Chairperson Dawn Hoover Board Member Terry Burroughs Board Member Kenneth Keller Board Member Thomas Keller Board Member Devin Maxwell Board Member Douglas McCoy Alternate Carol Johns \[O\I~ Iv . Alternate John Whidden -- m~~ Attorney John R. Cook Secretary Katrina Cook Present Absent III. MINUTES - Secretary. A. Board Member D\-\- moved to dispense with the reading and approve the Summary of Agency Action for the August 23, 2005 Regular Meeting; seconded by Board Member D'\1L . VOTE Burroughs Hoover K. Keller T. Keller Ledferd Maxwell McCoy YEA NAY ABSTAIN ABSENT MOTION: CARRIED - DENIED . . PAGE -2- IV. New Business. City Planning Consultant. A. Motion to remove from the table Petition 05.003.V. D\-T I orne ;secCf'd.v Consider Petition 05.003.V: David and Rene Wilson 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 side setback from the required ten (10) feet to three (3) feet for the development of a pool and spa. This request was previously considered at the August 23, 2005 Meeting. The item was tabled to obtain more information from the applicants. 0m~l%x fY'o\'Crn \ 12-plwmtcrtiVe.. O~ lliRw. Pw.nn~ 0JlL1 fUoJYlgWtQJd-1 .Pfu tL,-\ ~~ol &C\ ~ ~ Ri~O(-"",. (/J 6LrJU.n .Q;nctOS\..\.JR - COlcx.uc. -r \X)o\ On~. Dt1 mo1lOl -to ClpprotCL .- CDnStruen01 oP- p:D( I G~\ + WtlOh l{1S$tQ ~ :x-/-fWcKS 3U ~J?2Ct-n(Cll L ~ excJ udLnq 5tru.~TLuu- Dmt Seccn~. e . PAGE -3- B. Consider Petition OS.OOS-V: City of Okeechobee Police Department is the property owner, Dennis Davis is the applicant. The subject property is located at 50 Southeast 2nd Avenue. The purpose for the request is to allow for an encroachment on an easement and standard side setback from the required ten (10) feet to two (2) feet for the development of an aluminum awning. BUJ ~wn - r Q.prw.en1Jnq Q9pl~nJL + . Dm+l"'-1 ~x.,~~-cl Y'QqU-LO+. un - r\J1U o-n-tAC-\U.J\.C Q) ltrhnoy spAc.V)) , 'b~ - Q1J..n~ do CO - {Co rrany ~f2hICUd Ow o-P V\J~ \vJ ULOt*' r il 0(11UQ. TV\! - ClY-O-~~( of! V\titLr:> 'PS ~ dr(1LnS -to aMv Of fl1f~tJ1o, LO+-. Drt - \ hS\ ill 0+ 6Icit\JvtJLt? 8S - $)S+S Y\J LU Oe G'ft LnSUV SICUwall OVrLyf11rtj \AJW kJe. ,I oPP Std1watt _ Dnt rrottcn 1'0 ClpprovCL O~ ~Con~ a I setwc(( . . PAGE -4- C. Consider Petition OS-OOG-V: Roland and Linda Durrance are the property owners and applicants. The subject property is located at 907 West North Park Street. The purpose for the request is to allow for an encroachment on an easement and standard front setback from the required twenty (20) feet to ten (10) feet, and the rear setback from the required ten (10) feet to five (5) feet. 3t-Lv Q. [)JObS \ QroOlL-t t~ ltLQ.Ll ) bru fLy CU.J_X~ fQq lAL()T . Add fron+ \X)yQh - ~xp1rJd dIovu roovru (ecul-) W\o\ ~l(.xOOm [V-iO-r - 50~h) VQ,vyf (J.oSe -to comrYLQ.,rLtC1J dwtrLcJ-- wi 0 qeAb1cUf DrYlc - lOx -tro.WJ S '5-tc1'1 \ nGj 7 30 - no vV\ ~ l I()e '(e,rnove~ 011 Q ~ fUx \LCnt1 If) frnn + ? bO - no ~LX-wC1 OJ () I c:Lc ant - wr oetWC~J ~n 70? J"t- CDT 0ettxlct:S on Ccn5trucnOf\ drawlncy5_ :J \f\1 - :) \ C1tvv all ell 0 nOJ h lq h vvOvt.-) ~ 60 - w\ \ \ tJe (1 J I Ci1waLlL . 50 - \0' from 9fcyQX~ \1'1\9. -to DLUld ~7J JQx\r\ d1.X mOrcp.n - y- e.LomYYUna OlfJproyctl, txlsecL on 611pwa..-'t\onS uotLd \J'\ &+0.++ ~PQv+, w ~()) -tD QPrrove rv/ 6npU(anOn0 U\ 5-\-a~t y~y+ - uV\J 5e(On~ . . PAGE -5- D. Consider Petition 05.002.SE: Skip's Bar.B.Que is the property owner, Dennis Bryan is the applicant. The subject property is located 104 Southeast 6th Street. The purpose for the request is to allow for a drive.thru to be located within a Heavy Commercial (CHV) Zoning District. JMnlfLt- mOyopil. ~-t'^-1 CiWcn.tlecL ~~~ ~br+,.. :TV\! - CX'On~ '( J'm - no ChanCO-, W mcmOl to Cl{)proYQ. - Dmc- exCOnQC . . PAGE -6- E. Consider Petition 05-003-SE: Haynes and Susan Williams are the property owners and applicants. The subject property is located at 408 Northeast 3rd Street. The purpose for the request is to allow for a single dwelling unit per commercial structure, not exceeding two bedrooms or eight hundred square feet, within the Light Commercial (CL T) Zoning District. J-0JnlhY mOrL1Cln brufCy oLux~d c5\-(}++- R.tpOG- TN - enOuqh ~OvllLnCj? l6l - V\J III oe oddreSsed aJ :51-h Plan ~ vle~- YL- LCu\ ClP9rovQ. u( wI 0hPlkl Qilons . -:JV\f mQT\on i'D rYY\-tL -t aJJ. Kk ~con~ Llp p ro v ~ .- m L-<Sf- C~ PwULtnq (Q9ltCClhonj . . PAGE -7- F. Consider Petition 05-004.SE: Hospice of Okeechobee, Inc. is the property owner, Lisa Blackman is the applicant. The subject property is located at 411 Southeast 4th Street. The purpose for the request is to allow for an assisted living facility within the Residential Multiple Family (RMF) Zoning District. JQ, Xln\-rCr mOYC\~" DruJ-~ cU./)GYlkJQd W (S-1Q+-r ~~Oy+ r~Lam\\\UI6. CLQprO'fo.i wi St\ OWCl1\OYJ3 TomrYl L\ ttoOYQ.y- '(QeOD'"' rru.rd Q'f .e. DS \Leney -ZOMd ((mF? \ '-\ \ + --\-t-tl-\ SV\l ~-t --fay. thQ'-'( 01rdrQ ~QOJCL - ht/u. lX,roV lv:xA 5\QClLmCdl. L O~ ~ UI -fam L\;v\ LDlA.Q ctn! -\- DQ ~LL . \N0sl-\- rrc\xlmlUYl ~ Ot- ~dS \-lGlmnclLj SQA rno~ O~lili fay Alf=". ~ - '( Q( Gffi rruX'\dCLtlon P"-A 0-\ OAL~- f\ ts en wI exrs-hnq Land use /7 Oh l.nCj O\Y\ - U9~roVoJ wi no \ I ('y\ LtCl1\On - m vt OltfLV'Ln+ ia'U. On D-tatu:tl G oynv\JQv ("\0 cA{)pravCl\ NCiS'S'ovlA.{' on l - r\L\rJ ent r (HI ~ '7 ~q If'O wood - \)~ t v~ cltocV1l:U d P LOll . \j\JOJ\t \~- h1~i. 6PQU fur ld.-. Ie - (5 IS Lam IS-eIl+ vv / U-^X( -01-t -ZOrirq \~ L~ USe (,0 c.tIos\~d -thLn mor-e. bhCUl <6 Om DlOllon \'0 Q~Proyt - \ f\ctucll 0np d--\ 3. Y Clrd rC2C]LU/L{ \XlALcnc11u go ~furt TR c. " T V\I second" . V. ADJOURNMENT. Chairperson Ledferd at -,',33 p.m. . PAGE -8- I. II. . III. CITY OF OKEECHOBEE BOARD OF ADJUSTMENT MEETING SEPTEMBER 27, 2005 OFFICIAL AGENDA PAGE 1 oF2 CALL TO ORDER: Board of Adjustment, September 27, 2005, 6:30 p.m. - Chairperson. CHAIRPERSON, BOARD MEMBER AND ST AFF ATTENDANCE - Secretary. Chairperson William Ledferd Vice-Chairperson Dawn Hoover Board Member Kenneth Keller Board Member Thomas Keller Board Member Devin Maxwell Board Member Douglas McCoy Alternate Terry Burroughs Alternate John Whidden Attorney John R. Cook Secretary Katrina Cook MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the August 23, 2005 regular meeting. . IV. NEW BUSINESS - City Planning Consultant. A. Motion to remove from the table Petition 05-003-V. 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 side setback from the required ten (10) feet to three (3) feet for the development of a pool and spa. This request was previously considered at the August 23, 2005 Meeting. The item was tabled to obtain more information from the applicants. B. Consider Petition 05-005- V: City of Okeechobee Police Department is the property owner, Dennis Davis is the applicant. The subject property is located at 50 Southeast 2nd Avenue. The purpose for the request is to allow for an encroachment on an easement and standard side setback from the required ten (10) feet to two (2) feet for the development of an aluminum awning. ,. SEPTEMBER 27,2005 - AGENDA - PAGE 2 OF 2 IV. NEW BUSINESS - City Planning Consultant. c. Consider Petition 05-006- V: Roland and Linda Durrance are the property owners and applicants. The subject property is located at 907 West North Park Street. The purpose for the request is to allow for an encroachment on an easement and standard front setback from the required twenty (20) feet to ten (10) feet, and the rear setback from the required ten (10) feet to five (5) feet. D. Consider Petition 05-002-SE: Skip's Bar-B-Que is the property owner, Dennis Bryan is the applicant. The subject property is located 104 Southeast 6th Street. The purpose for the request is to allow for a drive-thru to be located within a Heavy Commercial (CHV) Zoning District. . E. Consider Petition 05-003-SE: Haynes and Susan Williams are the property owners and applicants. The subject property is located at 408 Northeast 3rd Street. The purpose for the request is to allow for a single dwelling unit per commercial structure, not exceeding two bedrooms or eight hundred square feet, within the Light Commercial (CL T) Zoning District. F. Consider Petition 05-004-SE: Hospice of Okeechobee, Inc. is the property owner, Lisa Blackman is the applicant. The subject property is located at 411 Southeast 4th Street. The purpose for the request is to allow for an assisted living facility within the Residential Multiple Family (RMF) Zoning District. 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, Tapes are for the sole purpose of backup for official records ofthe 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: 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): nl a Applicant mailing address: nla Name of contact person (state relationship): David & Rene' Wilson Rene' Fax: 634-5076 V' Property address / directions to property: 816 SE 11 th Street Okeechobee FL 14<)74 . ..~ r:.iiI Indicate current use of property: residential I'I;< Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): ;, This is an existing family residence. We would like to add nool TJI M.n' ...... > Is property in a platted subdivision? yes 1m Approximate number of acres: O. 2 Okeechobee EstateE ......... Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: j l 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 E Is a sale subject to this application being granted? No R. 'l Is the subject parcel your total holdings at that location? Ifnot, describe the remaining or intended uses: y. ...'., Yes ,mI Describe adjoining land uses / improvements to the North: Residential ii\ South: Residential" East: Residential West: Residential ,. I'.. I., Existing zoning: Future Land Use classification: ...... ,\ Actions Requested: L-J Rezone L-J Special Exception ~ Variance Ii 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. fQf'))-C1 W dWl Printed Name 1-1.-0c; Date Uniform Land Use Application (rev. l/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. 1103) Page 2 of 2 / . . """'" 10 N........, 3-22-37-35-0290-0??oo-0370 Granree '1 TIN:. Gnuue n 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 AVENUE OKEECHOBEE, FL 34972 ,~tate or 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 to said GRANTEE heirs and assigns forever, the following land, situate, lying and being in County or OKEECHOBEE State of FLORIDA To wit: LOT 37 OKEEC~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 wrillen. MIRIAM A. BARNEY 816 SE 11TH STREET OKEECHonEE. FLOR~ (~IJ!nlllll'~J Witness: fPrincrd NlUnc) (Si,I.IUlt') Witness: n.,lnced NAIlk') STATE OF Florida COUNTY OF Okeechobee Sworn to and subscribed before me this 1 Ith day of March, 1998 JAMES R. BARNEY and MIRIAM A. BARNEY, husband and wife by This Documenl Prepared By: Okee- Tantie Title Company, Inc. SUSIE LIPSCOMB Post Office Box 121l Okeechobee. Florida 34973 who are personally known to me or who have produced a drivers licens 12253 LOT AI eDGE PAverEl'1T LOT 36 S ~ 1l:lEr1CE III ~ '" !;:! ill ijj IIBf w/Cap No. 6.02 -' _ _FC:0.2'E. 0.6'5. pp LOT 96 LOT A2 RBF ~e.IITH ~T !"eVADA <;TREE!T [P 1 60' R/N . ASPHALT FC: 0.6'E. l. 3'N. RBS f-~-i SB9'27'21'E 78'(PJ SBll"02'06'N 7B.OI'IF) <>: I ~ ~I I 10.9' 14.1' 17.9' Oo I~rr. ~ AC t.. ~ 1l:lEr1CE fll 12. 0' ~ IU' 17.6' !Q ~ ~ '" '" ~ !il lo.l LOT 'S1 ~ I SBll" 23' 39' N 77. 97' ( P) - Ssm 59"W i8.Oi' iFj6' EASEMENT CMF _ Fence LI ne: 9. 9' E. S89'23'39'N [ASSUMED) W.SB'IF) i LOT 97 ~ I DEI'iCe ;;: ill ~ ;1 i ii ~\ ;!! ; uS ill I _ 69.56'.!.:~1_~ I . \ 147.5S'IPl I I 1 A 30 IS 30 " SCIJ.E: AS SHONN LOT 96 TYP I CAl- LJ:GerO IWHEIIE APPLICABLE-SEE DRANING) CMF-CONCRETE MOIfJMENT fOUND RIIF-REBAR FOUNO RBS-REBAR SET H/Ca. Ho. SI78 (F)-FIELD IEASIJRE IPHS PER PUT I CHALC. DISTANCE 10J-AS PER OEED SIT-SEPTIC TAN< MH -MAIIiOLE FC -FENCE COIlNEIl PP -PONER POlE CMP-CORRU6. MET. PIPE TOB-TOP OF BAli< RCP-RE I JI', CONC. PIPE C8 -CATCH BAS I N -........ OVERlll. LI HE 11M -NA TEll METER ___ FENCE L I HE U6 -UN1lER6AOlHl I \-- Q.RVeYOR ~ I. Bear I n9s shoHn are re I at I ve assuII ng SB9'23 39'N along S. Lot Line/Plat Llllt. 2. This survey Is based on Inforlatlon provided by the custoler/agent and no search Has lads of pub II c records by th I s off I ce to ver I fy or deny owners, easelents, or right-of Hays. 3. No v I sib I e or underground Ilprovement has been located except as shown. 4, This survey Is not valid Hlthout ~~~ s~~gm~r~fa~d F 1~~ I ~~ I ~ \ ~:~sed SUrveyor and Mapper. 5, According to FIRM liP dated 2/04/19BI panel' 120177 02308, parcel lies In Not Included Area of City Lillts, Flood Zone C, per Okeechobee County Planning & Zoning Oepartlent. 6. Property Address Is: BI6 S. E. II th Street, Okeechobee, FL LOT 95 Pt..AT LIMIT Q.RVeY OF: LOT 37, OKEECHOBEE ESTATES, ACCOROING TO THE PLAT THEREOF AS RECORDEO IN PLAT BOOK 3, PAGE 20 OF THE PUBLI C RECOROS OF OKEECHOBEE COUNTY, FLOR lOA. 1<\- I..@ tH~~ ~~ ~c!<~ &~ tp ~ ~ i!E!!!l ~Clg; j..a ~ ~ al ~ {/1} ~.it ~ ~!;u > z i ~ 8 --:~li!~~ z~~ :~~11ll ~-... ~u~ r.... ...15-100",- - i:ctaCi~UJ Lf) .Jc6~ (.11~ . .. z i ~ ~.;;. h 15 ... --:I Ii: g:!s:~~ tJ Wlc:a~-~o: >- :E~~!;:~ ~. o~~7@i~ I ~ Si!~ ~~~ C1cn_ c.......... i; 1:::11 1:,.. '" '-' 51 ~ j ~ III ~ 'ObI;!o; ~ ~ g ~ .... III ! '" = '" ~ ':' i8 i '" . .:.. ~ ~ i ,0 :!i ; ~ '" ~ ~ i bl ~ !;? 09/09/2005 13:58 853-462-5075 OSCEOLA MIDDLE SCH. PAGE ell e . September 9, 2005 To Whom It May Concern: Our House was built in .1967. There were different setbacks at that time, that are not current to code at this time for the purpose of having a pool installed. We looked into having the pool installed in our back yard; however. due to power lines, we are unable to have it in that area. FPL requires a pool be installed 10 ft away from the power line. We are unable to move the pool closer to our house, due to the sewer line running around the entire porch area. We feel this is a hardsbip. ~.QN' WkJNJ Rene' & David Wilson - 68/30/2005 14:32 863-462-51375 OSCEOLA MIDDLE SCH. PAGE "',., <.I':' Augul;t 30, 2005 Deu Members of the BOl\td: We ;\te formally requesting II ""nllnce to cncJ:o~c;h on lU1 easement IUld stllnd~rd serhick that will l'llow us to inl;tall II pool with an adjointftg "atio d~k looued lit 816 SE 11lh Snect Okeec.hobee, Ft 34974. We ue the: ownctS of lot 37 _ parcel id# 3-22-:n-3S.0290-00000-D370. 1'hi~ js an existing fa...mly ~sidenc;e which is :r.oned RSFt, 115 is AU adjacent pwperty. We ate ny1ng to construct a 14'",28' pool with ~ hot tub on the llOuthellllt portion of the property, with an adjoining pIlrio deck, u shOWl'l on attached exhibit. 'There is lift exi~titlg power line behind O\l( hou-.;e between OUf lor. and the lot.IlDuth of oUt:$. FPL's 10' d~t".lnce from thcir power line predu~el; U~ from constructing the pool behind the bol,lMe. We lice ptOposing to CQnstrUf;t the pool on the !1Outheast rod of the house, whkh 'WOuld be constructed with no setbac;k from the property line and 6 (t. ftorn the back propctty line. The pool will be appro;ll. 4 ft from the: back porch, due: to allewer line ruonirtg ne:tr to it. I, Rene' \Vilson, hSlVt: liv.:d ~t this n:llidellc;e since I .,vas R little girl. WbCfl my parenu sold the house, I putchased it, M it has Q lot of ~c:t'\rimental value to me. I alU now ~ pllten' of three d",~hter~ lIud would like: for our home to be a place that they will want to llpc.nd their Cree time:. Bcil\g:l parent, I WQ1,lld uthrr have my kids itlvife friends ovCr. to swim and spend the day, thna have them allking to go to someone else's bouse. Wjth the addition of Blue HC10n ltnd other new de1rcloping homes in O\Jt uell, we fcd thllt tlm new addition would be welcome in me community, We wuld like to imptove the property with I>. pool and patio dcc;k. TlU~ \'lOt only would upgrade the wl\le of our property, but would upgrade the m\le in the commUf"Jil')'. Your favol110le reS'ponsc to our request wi1I be: gxclltly llpprewlted. Thank you for your rime j" thj~ matter. R~pectfully yours, David Wilwl'l ~~u' LtJ)QIl.~ .Rene' Wuson RH, ~F IITlI STR1\I\T OKldWIlOIlHE, n. H!>i4 Re.ce.\ V Qd 5/30 \ Os - rev \ sed foy ~rx:i t+caxinq xhedlLUd foy q I d-l105 - Ke.., ...-' .....", 68/31/2665 13:35 - 5517448883 0000000000 . . RP00e6790 4306 SOUTH U.S. HIGHWAY 1 · FORT PIERCE, FlORIDA 34982 FORT PIE n ~:;E (77:?) 465-2700 · VERO BEACH (772) 569-1740 · STUART (772) 286-5760 e-mail: loudenpoolsOaol.com To Katrina Okee Bldg ~~ Zone 8/29/05 At the requE'st of David & Renee Wilson we are forwarding the Louden Desigll Spec's for the pool/spa project. To the water'ine from the east side property IIne-----3'O" Rear "" 10'0" Covered porch 4'0" FPL lines 10'0" The spa will be raised +12" Please feel;"ree to contact us for additional pool/spa dimensions. Sincerely, 'L.--L"- George Am '" /J C<-- ; " PAGE 01 - .--.. _......._...........~ .............- I I J I ....-... - r t it ~ \/9 . I \4: J ~ 1 '.II " 1; otJ ,"l --Z ~ I 0 ) D~ ~ ~ 4cL ""] j ~ i j 1 Il ,$ I ~l 3 -~ ,? ~ \, I t~ ~ ~ ~ ~$1.;:,~ LaRue Planning & Management Services, Inc. . 1375 Ja*n Street, Suite 206 Fort M , Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(Q}att.net ..JI , Staff Report - Variance Request Preparedfor: Applicant: Petition No. The City of Okeechobee David & Rene' Wilson 05-003-V Staff Report Variance Request Applicant: David & Rene' Wilson Petition No.: 05-003-V General Information Applicant: Applicant Address: David & Rene' Wilson 816 SE 11th Street Okeechobee, FL 34974 (863) 634-0033 Applicant Phone Number: Existing P.'oposcd Property Control Number 3 - 22- 37 - 35-0290-00000-0370 Future Land Use Single-Family Designation Zoning District RSF-l Acreage 0.2 0.2 Density 5 du ac Access SE 11 ill 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 90-1 05 (b) of the City of Okeechobee Land Development Code to allow for a 3-foot side setbacks in the RSF-l Zoning District. Background: The subject property is approximately .2 acres fronting on SE 11 tho The applicant intends to construct a 14' X 28' pool/spa with a patio deck. The pool is required to have a 5' fence enclosure surrounding it and is treated as a accessory structure and must comply with principal structure setbacks. Sec.90-449. Yards required for accessory uses in residential districts. Residential accessory uses shall comply with the following minimum yard requirements: (1) Front, side and rear yards: as required for principal structure. (2) Uses housing persons, such as a guesthouse, shall not encroach into any required yard. Sec. 90-450. More than one principal building on a lot. More than one principal structure may be erected on a lot, provided that surveyed legal descriptions shall be used, and area, yard and all other zoning regulations shall be met for each structure as though they were on separate lots. Except for detached single-family housing, all other development is subject to site plan approval. (LDR 1998, S 609) Staff Report Variance Request . .icant: David & Rene' Wilson Petition No.: 05-003-V 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 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. Yes, the structure was built in 1967. The lot is not a large lot in terms of depth and there are existing power lines preventing another location for the pool on this lot. As built, the principal use meets the required setbacks. The requested accessory use will not. B. The special conditions and circumstances do not result from actions of the applicant. No, the special conditions or circumstances for the subject property are not a result of the applicants actions. Unfortunately, the structure was built in a manner that prevents an accessory use of this size to be placed on the rear portion of the lot. 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, literal interpretation and enforcement of the Code would deprive the applicant of rights, commonly enjoyed by others in the RSF-l Zoning District. 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. This would be the minimum variance necessary to make reasonable use of the proposed accessory use. The 2 Staff Report Variance Request Applicant: David & Rene' Wilson Petition No.: OS-003-V applicant will not erect a full enclosure but will only enclose the pool/spa as required by law. 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, if this request is granted a special privilege would not be granted to the applicant that would otherwise be denied by the Land Development Code to other structures in the RSF-l Zoning District. It generally is accepted that a given lot can contain a house and a pool if desired. 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 this variance would be compatible with the purposes of the Code. Recommendation: Staff recommends approval of the request to allow a variance from Section 90-1 05(b) permitting the applicant to have a side setback of 3-foot instead of the required 10 feet for the swimming pool. Submitted by: James G. LaRue, AICP Planning Consultant September 10, 2005 3 ..f 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: Petition No. OS - 005 - V rJ/fT Fee Paid: Jurisdiction: 1st Hearing: 2nd Hearing: Owner mailing address: Notices Mailed: Name of property owner(s): €:.-E:. - POLItJ-E /)€PJ 'Il TMtWT r;dtLE Name of applicant(s) if other than owner (state relationship): Applicant mailing address: Name of contact person (state relationship): C!..h /6 F op 'oJ-leE Contact ersondaytime hone(s): fi~ $.. ~1~3-$"S"2.-' /)6/(,,1'1 />It&IJ ~ Fax: tU3-' 76/-].' 7StJt/ Property address / directions to property: 60.f.e: Z,.,l Avs Indicate current use of property: blJT A- Is there a current or recent use of the property that is/was a-violation of county ordinance? If so, describe: N6 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: Is a sale subject to this application being granted? Nt; Is the subject parcel your total holdings at that location? Ifnot, describe the remaining or intended uses: P l<l- 1..0..... Existing zoning: P LA- East: Po-x ~ U~e.. CVS PhCUmClC- West: C""Clm~X Future Land Use classification: D 1l.,'O \ \ c.. qO~O\30 Describe adjoining land uses / improvements to the North: Actions Requested: <--J Rezone i Parcel Identification Number: L-) Special Exception 11- 3'3- (X)lO - 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 eechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 1m' nment of up to 30 days and may result in the summary denial of this application. /)eA/;l)vLJA'v)f p. PZ-~ Printed N6me - Date Uniform Land Use Application (rev. 1/03) Page 1 of 2 Current zoning classification: What is your desired pennitted use un er Requested zoning classification : If granted, will the new zone be contiguous with a like zone? Variance? Is a Special Exception necessary for your intended use? Describe the Special Exception sought: Provide specific LDR ordinance citation: Are there other similar uses in the area? Is so, describe: Why would granting your request be in the best interest of the area and residents? Ifbusiness, briefly describe nature including number of employees, hours, noise generation and activiti conducted outside of a building: Describe Variance sought: SEE.I'-IA/G- iC 8/1.IL() AN 4t..~AJ('w""_ 4wlf.Arb- ~T -rJrr; S~/A.-rJtGIJ.A ~ Tlllt W/;fT P4(UUtJt- AU/t- ov~tf.. rkt!!.'TfJ'!fJ'it.11IBlA1IfA.1>f( /JJ1lJt.J1fib S"~ ~ c2 Far ,::/lhA- -$-G s;,u.T/r S} A/ rs(Cfr/ Describe physical characteristic of property that makes variance necessary: VA~/b/16 .~' If nt.Le- -ra A- U 4A-fi6c. ~~ bp I'Mk.- 1r./6- ~ Did you cause or contribute to the characteristic? Is so, describe: He What is the minimum variance necessary? --rf,lJo M;G.'t ~~ U 01tt. Qo-315 (a) 15 fled 0UU ~.l~ Uniform Land Use Application (rev. 1/03) Page 2 of 2 .+ D SearchResults . . Page 1 of2 Okeechobee County Property Appraiser Last Updated: 8/22/2005 ParcelID: 3-15-37-35-0010-01690-0130 04 2005 Proposed Values - Property Card ] [ GIS Map ] I Print I Owner &. Property Info Owner's Name CITY OF OKEECHOBEE Site Address 55 S PARROTI AVE, Okeeehobee Mailing 55 SE 3RD AVENUE Address OKEECHOBEE, FL 349742903 CITY OF OKEECHOBEE BLOCK R OF FLAGLER PARK LYING S OF BLOCK 154 & N OF BLOCK Search Result: 1 of 99 Next >> MD PtMM. Brief Legal Use Desc. (code) Neighborhood UD Codes Total Land Area MUNICIPAL (008900) 518630.00 Tax District 50 Market Area 51 << prev 1 of 0 Next > > 1.033 ACRES Property &. Assessment Values Mkt land Value ent: (1) $321,300.00 Just Value $910,355.00 Ag land Value ent: (0) $0.00 Class Value $0.00 Building Value ent: (2) $579,433.00 Assessed $910,355.00 XFOB Value ent: (8) $9,622.00 Value Total Exempt Value (code: 04) $910,355.00 Appraised $910,355.00 Total Taxable $0.00 Value Value Sales History Sale Date Book/Page Inst. Type Sale Vlmp Sale Qual Sale RCode Sale Price 2/24/2000 437/1406 QC I U 03 $0.00 2/22/2000 435/1211 QC I U 03 $0.00 Building Characteristics Bldg Item Bldg Desc 1 OFFIC-GOOD (005100) 2 GOVT BLDG (009300) Year Bit 1985 1968 Heated S.F. 2512 6648 Actual S.F. 2512 6778 Bldg Value . $173,156.00 $406,277.00 Extra Features &. Out Buildings Code Desc Year Bit Value Units Dims Condition (% Good) CONC A <5000 SLAB 1986 $952.00 1030.000 OxOxO PD (70.00) ASPH AS/PAVE 2000 $5,473.00 7932.000 OxOxO PD (75.00) CONC I BUMPERS 2000 $156.00 17.000 OxOxO PD (75.00) OCA OPN CC AL 2001 $160.00 42.000 7x6xO PD (98.00) CONC A < 5000 SLAB 2001 $1,161.00 898.000 OxOxO PD (98.00) land Breakdown lnd Code Desc 008900 MUNICIPAL (MKT) Units 300.000 FF - (1.033AC) Adjustments 1.00/1.00/1.00/1.00 Eft Rate lnd Value $1,071.00 $321,300.00 Last Updated: 8/22/2005 Okeeehobee County Property Appraiser http://www.okeechobeepa.comlGIS/D_SearchResults.asp 91212005 City of Okeechobee Police Department To the Board of Adjustments We, the Okeechobee Police Department, 50 SE 2nd Avenue, Okeechobee, had an aluminum awning I car wash station in the back employee parking lot. That awning was destroyed in the 2004 hurricanes. That destruction was properly reported and we now want to replace the awning with a larger and safer awning. While designing an enlarged car wash station, we learned that the old awning had been built 5 feet inside the 15-foot easement. We are asking for a variance in that easement to make the new awning larger, safer and placed properly. The new awning would be approximately 26 feet wide and 21 feet deep. The old two-car awning was approximately 20 feet wide and 21 feet deep. The larger area is needed to make entering and exiting the wash station safer. To do this we need to place the awning's southern support poles approximately 2 feet off of the existing Southeast Park Street sidewalk in our asphalt parking lot. However, creating the safer environment mandated we request this variance. Thank you for your assistance in this matter. Sincerely, Chief of Police Denny DaVi~ Date 7- 2. :1-- of 50 S.E. Second Avenue · Okeechobee, Florida 34974 · 863/763-5521 · Fax: 863/763-7804 ~ I ~ V] ~ :) lJ ~ VI D..UMI.k or=- N -:I:" ~ g~ qllf/~ . o S R....:-. 70 .s \AE~ ~ S IlJ E L..:l D.--LJ.L. e POLLC.L ~~&1T ~ ~ 3 I~ --<I Vl G- -r5~E-..(L GLl P'L STATlbJ .~E-.W ~lllN ilia.. .5E. PAlLx::. S172.t3:.T , , ! l."..~ 1 f,Y" r I 1 1~(\ 1'\'1..... 1 CONSTRUCT DRIVEWAYI REPlACE EXlSTf'C I CONCRETE SIOtW1UC l ..- I : . : 1~~ 1 NORTH PARK STREET I ......~ 'l."'" 'l.'rP ...,>' :::::~:::::,,:::;:::::::::::::::::::::::::::::::::':::;;~::C::::::::::'::::::::;~5:';:''':::::::_::::::~~;:~::::::_::_:::;:::::::::;~~~~~<, ..~ of !! I ltv ______._~/",-----~..~.""+---r~ ! 1 ; ~ ~ :: : -e-f I: 1 ..t :--=========:":~============:":~==========~-1 \ \ r ?".., : ~,: : :0/'" 1.11-:"::1:,,, .' I pt i i " " rnJ l.n.llll __________nj-nL_u__n__~~~ ' I III I . I I 4'CONC WALK : : :: ------------i r---n-n--_; . L-1 rnrLJ: L___J ~ .. I I I I I I I I I I I I !: ! i ~ll ! : l-ll : :. 1: \ 1 :: : : I I I I 1 i 1 i ! 1 L__l tJ ~----- 1 : - - - - - - - _____ - - - - - - - __ - - ___ __ - __ __ - - _.1 I l..J L..J I \1- ..~ EXISTING ASPHAl.. T PARKING lOT ,,~ + -----ui :""ct> n___n, LL~-J] EXISTING 1 STORY BUILDING POLICE 5T A TION / LIBRARY F.F. . 30.10 RE-STRlP[ EXISTING PAAICIoIG lOT AS REOUIREO nyp,l CURB CIJT RAMPS PER rOOT N)EX NO.30<4 (TYP,) ..f -.. ~~ ~,. -c- j r~~ -t ===::t':" , ..f , , , , !-t'~ -j :i..... .." I ~ , ' , ' , ' ,J ~~.~ _ _:::-:___~:::::________:__:____:____:__:::__::;:::::J ~" '\ ,cf ""'" ' "''...+~'" , \ :(: ::::::; ~~::::::: :'~:,::: =:: :~':~ ~~:::: ;'::,: = = = = == ~~:::: :==~~~;~ = ~~=~~:,~: :::::: ~- ", ", ", ".. ", ", ~~~N~L '\ ''', ", "'.. ", ", 5T~CT'l'P., "", ,~, , , , , , , \ " " "SOUTA PARK SfREET" " J PREPARED FOR CRAIG A. SMITH & ASSOCIATES CONSUL T1NG ENl3INEERS-f'lAtERS-8URVEVORS CP:. 1000=~~~~. c;P:t Br~;=l ~l APPROVED BY; JAMES R. ORTH, P.E. CITY OF OKEECHOBEE 0""'" RfGISTeREC ENlllNEER No. 5012e UJ :l z. ~. 0, Z' N UJ Ul J 4, \ \ \ \, / / / - 'Lt:J c::;" c::::, ~ O:t ........ '\ . ' '; ,Sj ~ , '( / , !/ X 1/ ......" '" \#, / F .. .... LaRue Planning & Management Services, Inc. . 1375 J*on Street, Suite 206 Fort M , Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-pIanning(a?att.net Staff Report - Variance Request Prepared for: Applicant: Petition No. The City of Okeechobee City ofOkeechobee Police Department 05-005-V Staff Report Variance Request Applicant: Police Department Petition No. 05-005-V General Information Owner Address: City of Okeechobee Police Department 50 Southeast 2nd Avenue Owner: Owner Phone Number: 863-763-5521 Existing Proposed Property Control Number 3-15-37-35-0010-01690-0130 Future Land Use Public facilities Designation Zoning District Public Use Acreage 1.033 acres Density - Access S. Park Street Location: 50 Southeast 2nd Avenue Okeechobee, FL Legal Description: BLOCK "R" FLAGLER PARK, as described on that plat at Plat Book 1, Page 10, and being that part of FLAGLER PARK lying South of Block 154, and North of Block 170, and filed in the Public Records, Okeechobee County, Florida. Introduction: The applicant is requesting a variance from Sections 90-375(2) and 90-447 of the City of Okeechobee Land Development Code to allow for a 2-foot side corner setback instead of the required 18.75 feet as specified in Section 90-447. The subject property is located in the PUB Zoning District. The applicants would like to replace an awning that was destroyed during the 2004 hurricane season (See enclosed letter). The previous structure was nonconforming in terms of complying with setbacks: the proposed replacement is slightly larger for safety reasons. Background: The subject property is approximately 1.033 acres fronting on S. Park Street and SE 2nd Avenue. The applicant intends to replace an awning. The dwelling has public utilities and the adjoining property users are as follows: North: East: South: West: CVS Pharmacy Park Plaza Chamber 1 Staff Report Variance Request . epPlicant: Police Department Petition No. 05-005-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. The subject property is developed with a limited amount of space for parking. B. The special conditions and circumstances do not result from actions of the applicant. As stated earlier, the destruction of the previous awning was not caused by 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. Literal interpretation and enforcement of the Code could work unnecessary and undue hardship on the applicant. The new awning being proposed will be 26x21. The previous awning was 20x21. The larger size will help to ensure safe ingress/egress into the bays. D. The variance, if granted, is the minimum variance necessary to make possible the reasonable use of the land or structure. Yes, the variance is the minimum variance necessary to make reasonable, safe use of the awning. 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 allowing this variance the applicant will not have any special privileges but merely continues what previously existed. 2 Staff Report Variance Request Applicant: Police Department Petition No. 05-005-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 the variance will not be injurious to the neighborhood or detrimental to public welfare. There was not a visual obstruction with the previous awning. Recommendation: Staff recommends approval ofthe request to allow a variance from Sections 90-375(2) and 90- 447 permitting the applicant to have a 2-foot side comer setback. Proposed conditions to the approval include: Submitted by: James G. LaRue, AlCP Planning Consultant 9/1 0/05 3 1st Hearing: Petition No. City ofOkeechobee . 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: Fee Paid: Jurisdiction: Publication Dates: t/ Name of property owner(s): Notices Mailed: A Owner mailing address: p r Name of applicant( s) if other than owner ( state relationship): L... I Applicant mailing address: C A .. Name of contact person ( state relationship): N .T I of dwellings and whether occupied (if none, so state): c-f~ Approximate number of acres: E5 Is there a current or recent use of e property that is/was a violation of county ordinance? If so, describe: P ;R o P E R T y 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: () Is a sale subject to this application being granted? Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: S t/ 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 ;;!f!:'~ rot ofup to 30 days and may result m the swrumny d,:,,;al of this apPlicatiTt" rLc);Q~ ~ . I r. j)((4f)CU g 23/uro Si ature e Date Uniform Land Use Application (rev. 1/03) 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: r-:-:- :8 p E f Provide specific LDR ordinance citation: ]:'. A. / L .' Are there other similar uses in the area? Is so, describe: / .E X C Why would granting your request be in the best interest of the area and residents? / E p ,r I 0 Ifbusiness, briefly describe nature including number of employees, hours, noise generation and activities to be N conducted outside of a building: .... Describe Variance sought: See CL~ C\ Ch ed V A .R 1 A. N, C E Describe physical characteristic of property that makes variance necessary: S e-~ Cl-H- Cl(~hQ-ct Did you cause or contribute to the characteristic? Is so, descnbe: NO What is the minimum variance necessary? Uniform Land Use Application (rev. 1/03) Page 2 of 2 .,.""',._",._,_.....-..~-_. ...... . . Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): The proposed improvements are all proposed to be to the building shown on the attached exhibit as "1 story metal building", "Eli's Western Wear" and include the addition of a 15 ' wooden porch onto the front of the building that will run the entire length of the building including the proposed 20 ' widening of thf! building to the east and enhay!ce the appearance of the building, a 20' extension to the east side of the building to be used as additional showroom and storage, and a 15' extension to the south portion of the building that will begin at the existing middle of the building and extend to the east end of the proposed 20' eastern extension of the building. Describe Variance sought: The proposed improvements require a 10' encroachment on the required 20' setback for i-he Pro n t se\fj.;:ILK o~ the. commercial property and a 5 ' encroachment on the required 10' rear setback. Describe physical characteristics of property that makes variance necessary: Due to the widening of State Road 70 by the Florida Department of Transportation (FDOT) and the taking of approximately 16.89' along the front of this parcel, this parcel has lost the parking in front of the existing building and this requested variance to encroach on the front setback would enhance the appearance of the front of the building and turn a bad situation of loosing valuable parking in front of the building into a positive situation for not only the proprietors, but also for the City of Okeechobee. The encroachment at the rear of the property would allow for the expansion of the building and still leave an adequate unloading area that would not require trucks to park in the street and allowfor the adequate parking for building. - " ~~ 305 paCt 997 : STJt'\TE OF' FI....~~i :~ __ O~.JJ,"'tf!J.Jl!3:E~' ~:~_"'j~V/$tP TA:lif ...~ . liP' ':Of Iof."flfll~(,,'!ff!-. '~!. t ~ .~.. ;I ~ '':' ; ~!.:l&:;,~ '..t _ 'J " . ~ E .:,~, Jlbm'*!j \{!',7.fkg 6 t. 5 (j.1 - , , : - , ,~>~:;;:<~- --- .. ,--_:) ) -. -.---'-.______~_L____._ S' J:' fCJrl ~.. _ .:~ :f, ,/1. .:.' [; ~m~ 3-15-37-35-0010-01990-0&30 GaaIK .1 '1m 59-2436551 [s,- Ab_ 'I'&ic Lirle Fo.r RColl<lIrlIinl Xl_) Warranty Deed ThIs Indenture, Made this 29thda)'of ELI REINOL RODRIGUEZ and J(IR'l'A RODRIGUEZ, STRICKLAND, a single woman, June, 19 89 A.D. . BeI.Ween his wife, AND ETHEL oftbeCoutttyol Okeechobee ELI'S WESTERN WEAR, INC., state of Florida , Stlb!ot Florida ,grantors,lnlI a corporation existing under the laws of the ""osea_l5:907 W. North Park street, Okeechobee, Florida 34974 oflheCollnlyol Okeechobee Slab!ol Florida . grantee, Witnesseth dial die GRANTORS. for and In eoui4mttillll cI tlle.WIt or - - - - - - - - - - - - - - - - - - - - - - - TEN & NOj100($10.00) - - - - - - - - - - DOUAM. all<l other &wd InlI vall1a!>le consideration 10 GRANI'OItS iIIllllld paiclll1 GRANI1!E, tile ~I WIIeftot is brm:lJ,-~. /I;rvc putcd, botpillCd _ aoId lO.he J8ld ORANIBEl ud QAANIBB'S IIICCOIlOJS &ad aKipo ro.-r, lite totI-, _bed ~QCl. sit.ace, Iyin& me! belac In tIIc """"'1 of OKEECHOBEE _ 01 Florida ID wit: Lots 3 and 4, Block 199, OKEEcaOBEE, according to the plat thereof as recorded in Plat Book 5, Page 5 of the public records of Okeechobee County, Florida. Subject to restrictions~ reservations and easements of reoord, if any, which are not reimposed hereby, and taxes subsu;!quent to Deoember 31st, 1988. 289780 ALED FOR RECORD OKEECHDBEE CO. fL. 89 JUN 29 PM 3: 42 GLORIA J. FORD Ct.ERK OF CIRCUIT COURT and tile p8JlIOI1I do boreby MIy WlImlnl the titIn 10 _ill land, aad will delead tire _ .",iN( krwtuI cJ.tiJIlII of aU pcJWl)$ wllomsocunr: In WItness Whereof, tile panton Jnrvn bem>D1o let mair banck 8Ild ocak lite day alll year r_ abcM writlcD, ~~ ltn_ WiIllW (Se.1) (ScoI) (Seal) Witn.., (Seal) STATE OF Florida R COUNTY OF Okeechobee E r HEREBY CERTIFY tllaI on tIJis day. l>clon> DlC, .n oUlt:R duly qll8lilicd to ...Io.e aoialDwlcdgememc. pe........lI}' appeate<l T ELI REINOL RODRIGUEZ; and MIRTA RODlUGlJEZ, his 'Wife, AND ETHEL U STlUCKLAND, a single woman, :. . R ro ... l<DowJ> to be tlon JI"I"OD5 _bed In ud wile. .......tod tl>c fa"'lOitll i_I...., they ~pd 1>';'::'... IDe lbellbey ex...."'" N ...me ..:.~' ~l ,;.~: ... .. T WITNEss 1II1l1a1td.ad of6oial ...l in the Cot>my ami ~re I.., aro-ld Ill;' 2 9!'~:~t - June, 1989. o lbisDoeamcntJ'JcpuedlJy: . /J :~;.:.' '.' .' Pi'. _ . ~.. -r:. 'IUNw.ODN8LY,m ~: ~ ~Y4mN1lLY.P.A. NOTARYPuBiIe:, .,':-pi'O!!'~: L b-..Y 2117N. W.2NDSl'IlIIIR' MyCottuniaiOll exp;iu- " '".': ' " 0KBBaI0IlIm, R. 34m NOlary Public. Slate Oi:f'ori<ia At l..\'llO Ml CommISsion Expires Mar 1. 1992 . . Eli' s Western Wear 907 W North Pl'lrk Street Okeechobee, FL 34972 August 23, 2005 City of Okeechobee 55 SF 1rd Avenue Okeechobee, FL 34974 Job: Eli's Western Wear Re.: Petition ofVanance -Statement of Interest -Statement of Special Reason and Basis for Request -Statement of Intended Use, Nature of Activities and Development of Property Dear Reviewer: Eli' s Western Wear located in Okeechobee County has been in business since 1982, and is planning to remodel the existing building. The remodeling of the existing one story metal building will consist of the addition of a 15' wooden porch onto the front of the building that will run the entire length of the building including the proposed 20' widening of the building to the east and enhance the appearance of the building, a 20' extension to the east side of the building to be used as additional showroom and storage, and a 15' extension to the south portion of the building that will begin at the existing middle of the building and extend to the end of proposed 20' eastern extension of the building. Due to the widening of State Road 70 by the FDOT and the taking of 16.89' along the front of this parcel, the parcel has lost the parking in the front of the existing building and this requested variance to encroach on the front setback would enhance the appearance of the front of the building and turn a bad situation of loosing valuable parking in front of the building into a positive situation for not only the proprietors, but also for the City of Okeechobee. The encroachment at the rear of the property would allow for the expansion of the building and still leave an adequate unloading area that will not require trucks to park in the street and leave enough room for the adequate parking for the building. If you should have any questions or comments, please do not hesitate to give us a call Sincerely, Rol;lnd Durrance and Linda Durrance " ,: r, (/vil (;(y...) A) WVCfV[Lc.z....., .;7~~~,,,--:)>"1~;;.;,~--.---;;:.c~-----~--' ... ... -' LaRue Planning & Management SelVices, Inc. . 1375 J*n Street, Suite 206 Fort M , Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning~att.net Staff Report - Variance Request Prepared for: Applicant: Petition No. The City of Okeechobee Roland & Linda Durrance 05-006-V - Staff Report Variance Request Applicant: Roland & Linda Durrance Petition No. 05-006-V General Information Owner Address: Roland & Linda Durrance 907 W. North Park Street Okeechobee, FL 34972 863-467-0076 Owner: Owner Phone Number: Existing Proposed Property 3-15-37-35-0010-01990-0030 Control Number Future Commercial Commercial Land Use Designation Zoning Commercial Commercial (CHV) District (CHV) Acreage 0.9169 0.9169 Density -- Access S.R. 70/N.W. Park Street Location: 907 W. North Park Street, Okeechobee, FL 34972 Legal Description: Lots 3 and 4, Block 199, OKEECHOBEE, according to the plat thereof as recorded in Plat Book 5, Page 5 of the public records of Okeechobee County, Florida. Subject to restrictions, reservations and easements of record, if any, which are not reimposed hereby, and taxes subsequent to December 31 st, 1988. Introduction: The applicant is requesting a variance from S90.285 of the City of Okeechobee Land Development Code to allow for reduced setbacks in the CHV Zoning District. Background: The subject property is approximately .9169 acres fronting on N.W. Park Street. The applicant intends to expand the front, east and rear sides of the building, encroaching on the minimum setback. The dwelling has public utilities and the adjoining property users are as follows: North: East: South: Automotive Repair Shop & Commercial Storage Automotive Part Store Canvas Shop & Unoccupied Commercial Bldg. 1 ... "~'~~"^"".. Staff Report Variance Request . AP.ant: Roland & Linda Durrance Petition No. 05-006-V West: Automotive Part Store 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. Yes, the widening of State Road 70 resulted in the reduction of available frontage for setback purposes. B. The special conditions and circumstances do not result from actions of the applicant. No, the special circumstances were due to state action and did not result from any 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, due to the reduction in frontage, the applicant would be denied the opportunity to improve the building. D. The variance, if granted, is the minimum variance necessary to make possible the reasonable use of the land or structure. Yes, the variance is the minimum necessary for the expansion. 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 the request the City will not confer any special or unique privileges to the applicant that the Code denies to other properties in the same Zoning District. 2 Staff Report Variance Request Applicant: Roland & Linda Durrance Petition No. 05-006-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. Yes, granting the variance would be in harmony with the intent and purpose of the Code. The variance would not be injurious for the neighborhood or detrimental to public welfare. Recommendation: . Staff recommends approval of the request to allow a variance from the setback requirement permitting the applicant to encroach on the front setback by 10 feet, and on the rear setback by 5 feet. Proposed conditions to the approval include: 1. The proposed expansion must be determined by the City Engineer not to cause an impediment to S.R. 70 traffic. 2. Parking and loading shall not be decreased below the current level. Submitted by: James G. LaRue, AICP Planning Consultant September 9, 2005 3 ... " ~ 1 st Hearing: Petition No, 05 - 00 ~ - S E Jurisdiction: 130 11- 2nd Hearing: N 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: Fee Paid: Publicatiori Dates: Owner mailing address: Notices Mailed: tI' Name of property owner(s): Name of applicant(s) if other than owner (state relationship): Applicant mailing address: 1 Indicate current use of property: Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): AD Approximate number of acres: Is property in a platted subdivision? nv 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: t)O 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: '~ Describe adjoining land uses / improvements to the North: () f"Y'-.n~ rC ; Actions Requested: L-J Rezone Special Exception L-J Variance Parcel Identification Number: tI' 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 0.00 and imp. nment of up to 30 days and may result in the summary denial of this application. " ~_l'\,,:s15ry~) ~-)l-05 Pri~ame' Date Uniform Land Use Application (rev, 1/03) Page I of 2 - Current zoning classification: Requested zoning classification :__ What is your desired permitted use under the proposed class. on: Is a Special Exception necessary for your intended use? Variance? Describe the Special Exception sought: ~(c, V L ~"u Provide specific LDR ordinance citation: Ifbusiness, briefly describe nature includin, number Of.. emp\oyees, hours, noise generation and activities to be conducted outside of a building: Res -} A[} ("<fJNr-f- NPr Describe Variance sought: Did you cause or contribute to the characteristic? Is so, describe: What is the minimum variance necessary? Uniform Land Use Application (rev. 1103) Page 2 of 2 .,1 R IO'~(Jr" s\f P;m:elIDNumber: 3-2l-37-~IOO 1'npMaIby. LASHA801U!E RdImlro: Okco, TODtic TrtIe Campay, IIIc.. IDS NW 6Ih S1m:t 0Irac1I01Iee, Florida 34!m FlU! No. 24109 ...... Fl:LE" HUn 2004005577 OR BK 00527 PG 0431 IIIIARIIII 1IOIIERT8ON, CLEIlIt OF CIRCUIT COORT IllCEECHIIIIEE COUIITY. Fl RECORDED OV29/2004 0'109159 pn RECORDIH6 FEES 10.50 DEED DOC 2,660.00 RECOIlDED 8' H ArlDl' Warranty Deed This IDdenture, Executed Ibis Man:h 26, 2004 A.D. BetMcn DALLAS DUNHAM, JR. and ROSIE DUNHAM, HUSBAND and WIFE, whose address is 673 HWY. 78 WEST, OKEECHOBEEn bereiuafter called the grantor, to DENNIS L. BRYAN and ANITA H. BRYAN, HUSBAND and WIFE, whose post office address is: SSO SW 19th SIreclt, Okeechobee, FL 34974, hereinafter caDed the grantee: (Whenever usccI badn the lam.pntor" 8IUI .....Iee. include aD the partla ro ibis illllrumcnt and the hciJs.1epI ..-u- and usignI of individua1l, and the _ mid uaI.... of COIpCII'Itiona) Witaesseth, that the grantor, for and in wusidcnliOD of the sum of Ten Dollars, (510.00) and other valuable coosideratioos, m:eipt wherllof is hereby acIaJowledged, heRby graDIB, barpiDI. se1l8, aliena, ICIIIises, releases, conveys and CODfirms IIDto the grantee, all that certain hmd situate in Okeechobee COUDty, Florida, viz: Legal Description as Exhibit · A. Parcel ID Number: 3-11-37-35-0020-02200-0100 Subject to coveDllJl1S, restrictioDs, easementa of record and taxes for the cummt year. Togetlter with all the ~. ben:ditamcDts aud appurtcDlIIII:e thcmo bclouging or in mywisc appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hm:by c:oveDBDtI with said grantee that the gnmtor is lawfully seized of said land in fee simple; that the grantor has good right and lawfiJI authority to sen IUId convr:y said land; that the grantor hereby 1Wly WBJIaDtB the title to said laud IUId will defend the same against the lawful c1aims of all persons whomsoever; and that said Imd is free of all encumbnmces except taxes accruing subsequcut to December 31, 2004. ID Witaess Whereof, the said grantor has sigDed and scaled these pn:sentlI the day IIDd year first above written. Signed. sealed and delivered in our presence: r I5fiU"'; err /)'L/~~~'4 ~~ I- DALLAS D J1L AddIaI: 673 HWY. 78 WEST, OKEECHOBEE, ~j' ~-~ ROSIE DtlNIIAM AddIaI: 673 HWY. 78 WEST, OKEECHOBEE. (Seal) ~~ 1MfM.. WiIncSl PrinIOd Name !!~ (Seal) State of Florida County ofOkeechobee The foregoing insttument was ackDowledged before me this Man:h 26, 2004, by DALLAS DUNHAM, JR. and Rosm DUNHAM, HUSBAND aud WIFE, who are pcnonally known to IDD or who has produced a drivens 1ielm8e as identification. ~~ otary Public: . a_.. PrIIItN_ ~ RnIfEr ,.."'U"",,,.,. ....~.~A 80 ....,~ ;t.,'" ..to.~A.'i~....I9~-, # ~..w-' "':-."!' ~ ~ . . ~ i : 1Irea... Expm ': , = : .... 11.2001 : = ~ ~ No. DO 124511: Ii ~~... ~B,...~' ~,1..Ji.... ..~~.~ ""'",?r..~""", M)"C ".~ --- -.~ ""'''''.eJ''' ~ r-q u".s~ Exhibit" A" LOTS 10, 11 AND 12, BLOCK. 220, FIRST ADDmON TO OKEBCHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK S, PAGE 6, PUBUC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. (lbplab) File Number: 24109 Lep1 DacripIl... with Non ~ CIoIcr's Choice . . Skip's BBQ 104 SE 6th Street Okeechobee, FI 34974 Resturant -.. (863)763-8313 Business Office -.. (863)467-7700 Fax -.. (863)467-7074 Dear Sirs In March 2004 my wife and I purchased Skips Bar-B- Que. Two weeks after the purchase we received a letter from the City informing us that we would be required to upgrade certain things so that we would be in compliance with the new codes. We have worked diligently to do everything that has been ask of us. We understand that to come into full compliance so we can receive a City Operating License we must receive a special exception for our Drive-thru window. The Drive thru has been in operation for many years, and we would like to continue to serve customers in this fashion. We thank you for your consideration in resolving this matter. Sincerely ~ Dennis Bryan . "-~.,...,- _-:;~"""!""._" .A,,,,,,r;i-,', _- =~_.__"-",..,..,,....,~_~. ,.~.h."~-..,.~.-.""'l,'~;'!"i,\",~_,,,,'_~"~\'lt:'c_"!'$7-'.":i"~"~co':',-:-,""" 7' '-'"., -~~~~~~)!~~~_~~~~~?~~l~~~ Skip's BBQ 104 SE 6th Street Okeechobee, FI 34974 Resturant'"""' (863)763-8313 Business Office ~ (863)467-7700 Fax '"""' (863)467-7074 <1 .~ .. \J .,;;.,., To Whom it May Concern Let it be known that I Dennis L. Bryan owner of Skip's Bar-B-Que, (located at 104 SE 6th Street) do hereby release the City of Okeechobee from all responsibility should there be an accident caused by a patron backing out of my parking spaces that are located on the city right-of-way_ CJV^~~ ~ - J 9 -- 05 Date ,>""~, Notary Public State (If. F.'."l jJ ~~ Debra J Serraoo ;.;,~) My CommissionOD1r ' ' . ~'" EXPI[f"',~21'2li?t:~=~~ ~vc-o~ I , I , ---~'~---1 , I , I , I , I , I , !w 1::) ,Z II~ Ii: i1z ~,N Iw IV) , I fI------- , .)&.58' I COVEl\EO io-ol f I .j.}.~'M CONCftETt .'.3,'M ~ : ..,.JtI'l.I J I :; 7t8~:8';:R FtI 5/B" IR I l NO 10 M,/IJB(R I 8: 8:~ J ~I ~IO ., : I~ ~I I I ' ---"--- -------:t;.- -- S E -[f'H -""STR E ET ---- --'---2.!~-t---- SECTION BOUNDARY SURVEY LOCATED IN 22, TOWNSHIP 37 SOUTH, RANGE TALLAHASSEE MERIDIAN OKEECH08EE' COUNTY, FLORIDA I.OT 3 35 EAST I I I BLOCK 220 15T ADDITION TO OKEECHOBEE OKEECHOBEE COUNTY, FLORIDA LOT 1 LOT 2 lOT 6 DESCRIPTION lOT 10, 11 AND 12, BLOCK 220, FIRST ADDITION TO OKEECHOBEE FLORIDA, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 6, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. IS'AlLEY 142.50'P t 42.22'M S69'47'57"E SURVEYORS NOTES Subject to eosements ond restrictions of record. londs described hereon not obstrocted by this office. Underground utilities ond foundotions ore not shown. 47.41'101 41.41'11I F'O ~/e. IA we 10 NUMBER f'D 5/8" fR NO 10 NU~':: 47.""),4 CJ.lAlNUl'M f"tNC( lOT 7 Tne aescFi"ptibn shOwn- nereonwas'pravided b7-Ure- --,----'. client and/or his/her agent. !'.:> 0-:'- 0.<(1 . ~ ~-~" . 0,4-6 ACRES:t ::Eo. inb 00 NN ;!;:!,.-:,.. FREWR .~ ~.J'jg;t._ i'9Iid_ without, t~e~j9D9~~.an2..t~e :ori9in_aLs~se.g~,-,::.,,, seal of a Flanda licensed' surveyor and mapper.,.,.. .....~.,-,. ~HuNK iENcE:_.~.:.;;,-~. The surveyor did not interview adjoining land owners .for unrecorded deeds or eosements. ._.........- ,.. LOT 8 ~ 28,J" I I L LOT 12 ".. -,..~ ~. wo:: Elevations, if any, ore based upon assumed datum, Lands shown hereon are in Flood Zone C, as scaled from FEMA FIRM panel no. 120177 02008, dated 2-4-81, Address: 104 SE 6TH STREET OKEECHOBEE, FLORIDA. ,. '" '" ct UP lo 8 '" J6.!Ie' '" o '", '" b o '" l5TOft'V wooo """" CQWWEl'CW- ~_STRUCT\JflE ~ --'--'- bElT -9- -'- ,. SURVEYORS CERTIFICATE I hereby certify that the attached sketch of survey ,of the hereon described property js true. ,and corre.ct to the best of my knowledge and belief os surveyed in the field under my direct supervision, Subject to the qualifications noted hereon. JUtS' . ames R.. Almond. PS Professional Surveyor-Mapper Florida Registration' No. LS5081 JAMES A. ALMOND PSM PR()IIIliRBlONAL LAND SURVSYOR p MAPPER ~ ObN8U.TANT 2973 SW 3RD TERRAC( OK(ECH08EE, FLORIDA 34974-2684 TH: (863) 467-5700 FAX: (863) 467-6121 E:MAIL: almondOokeee:hobee,c:om ,LOBK/PAGE REVISIONS "0/58 SURVEY DATE: MARCH 10, 2004 ~ ~ C(RTIFIED TO ONLY THE FOLLOWING PARTIES: DENNIS L, BRYAN ANITA H. BRYAN BIG LAKE NATIONAL BANK, ITS SUCCESSORS ANO/OR ASSIGNS OK(E- TANTlE TITLE INSURANCE COMPANY INC, TlCOR TITLE INSURANCE COMPANY, INC, ' FIRST AMERICAN TITLE INSURANCE COMPANY, INC, UNITED GENERAL TITLE INSURANCE COMPANY, INC, SCALE, ,. - 30' PROJECT No, I j INCH THIS SAIl 15 !NTEM)EO TO MWlJRE 1 !~ LONe A,T THE: SCALE SHOWN. IF BAA MEASURES OlFFt:P-EtoIlly eNlARGe OR REDuce ACC~Gl..'(. & ANITA H. 3887 DENNIS PREPARED FOR: L. SH(ET 0, 1 MAP 01' BOUNDARY SUAVIiY BRYAN ~ (]~D LtGEIIO " - D. . . C>I. I. . 1/lC- "". "'- UP . SPRI ~ : R .. AADhJS OIST,',HCE CH .. CI1ORO Sf .. SOUW FEET "'- . ""-LON ro .. FOUNO PG . PlAT BOOt< PG .. pAG( ORB .. OffiCIAL. RECORDS BOOK """ . """" NR .. NOT RADW. LaRue Planning & Mana ement Services, Inc. . 1375 J_on Street, Suite 206 Fort M , Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning~att.net 4 ,.,. Staff Report - Special Exception Request Prepared for: The City of Okeechobee Applicant: Skips Bar-B-Que Inc. Petition No.: 05-002-SE Staff Report Special Exception Request Applicam::i Name: Skip's Bar-B-Que Petition No. 05-002-SE General Information: Owner: Contact Person Owner Address: Dennis & Anita Bryan Dennis Bryan 1530 N.W. 25th Drive Owner Phone Number: 863-467-7700 Legal Description of Subject Property: LOT 10, 11 AND 12, BLOCK 220, FORST ADDITION TO OKEECHOBEE FLORIDA, ACCORDING TO THE PLAT THEROF RECORDED IN PLAT BOOK 5, PAGE 6, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Item before the Board of Adjustment: The matter for consideration by the City of Okeechobee Board of Adjustment is an application requesting a Special Exception in the CHV Zoning District for property located at 104 SE 6th Street. The applicants are requesting a special exception to allow a drive thru window at existing restaurant that is being improved. (See attached Site Plan date 10/13/04). It also appears that the drive thru has been in existence but has never been approved through the special exception process. Background: The subject property is approximately 0.46 acre(s) fronting on SE 6th Street which is subject to this Special Use Exception petition. The development has public utilities and the adjoining property users are as follows: North: East: South: West: Commercial Residential School/Church Commercial Consistency with Land Development Regulations: When reaching a conclusion on a Special Exception, the Board of Adjustment shall consider and show in its record the following findings: A. The use is not contrary to the Comprehensive Plan requirements. No, the use is not contrary to the Comprehensive Plan requirements. This is an existing restaurant and the use has not changed. Page -1- Staff Report Special Exception Request . APp/iCa. Name: Skip's Bar-B-Que Petition No. 05-002-SE B. The use is specifically authorized as a special exception use in the zoning district. Yes, the use is specifically authorized as a special exception use under Section 90-283(1). As noted above, this is an existing drive-thru. c. The use will not have an adverse effect on the public interest. No, the use will not have an adverse effect on the public interest. D. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. Yes, the use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. E. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. No, the use will not adversely affect property values or living conditions, nor will it be a deterrent to the development of adjacent property. F. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. No, the use will not be required to be screened from surrounding uses. G. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. No, the use will not create a density pattern that will overburden public facilities. Page -2- Staff Report Special Exception Request Applicam ::i Name: Skip's Bar-B-Que Petition No. 05-002-SE H. The use will not create traffic congestion, flooding or drainage problems, or otherwise ciffect public safety. No, the use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The site plan has reviewed these items and handled them appropriately. Recommendation: Move that Petition No. 05-002-SE be approved based on the findings contained in the Planning Consultant's report dated September 9, 2005. Submitted by: James G. LaRue, AICP Planning Consultant September 9, 2005 Page -3- I st Hearing: Petition No. 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: Fee Paid: Jurisdiction: 2nd Hearing: Publication Dates: Notices Mailed: Name of property owner(s): Owner mailing address: 206 N. Parrott Ave. Okeechobee FL 34972-2931 Name of applicant(s) if other than owner (state relationship): Same Applicant mailing address: Same Name of contact person (state relationship): Same 610-2390 Fax: 863 763-4268 Property address / directions to property: 408 N. E. 3rd St., Okeechobee, FL 34972 Indicate current use of property: Office downstairs, apartment upstairs Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): 2 stor du lex with an office downstairs and a 576 s ft a artment u stairs Approximate number of acres: 0 . 20 Is property in a platted subdivision? Ci t of Okeechobee 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: June 23,2005, RSF-l to CLT, Haynes & Susan Williams 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: Vacant South: McDonalds East: Residence West: Att Colin Cam bell Existing zoning: Li ht Corrnnercial CLT Future Land Use classification: Corrnnercial Actions Requested: L-> Rezone (xx.) Special Exception L-) Variance Parcel Identification Number: 3-15-37-35-0010-01440-0030 t/ 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 d imprisonment of up to 30 days and may result in the summary denial of this application. ~ .. Haynes E. Williams Printed Name Auqust 17, 2005 Date Uniform Land Use Application (rev. 1/03) 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: One dwelling unit per cormnercial building, not exceeding two bedrooms or 800 sq ft. Provide specific LDR ordinance citation: Section 90-253 (15) 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? There is a shortage of rental units in Okeechobee Ifbusiness, briefly describe nature including number of employees, hours, noise generation and activities to be conducted outside of a building: Describe Variance sought: Describe physical characteristic of property that makes variance necessary: Did you cause or contribute to the characteristic? Is so, describe: What is the minimum variance necessary? Uniform Land Use Application (rev. I/03) Page 2 of 2 -------_......__._._".,".~-......--,---,..^.., . . HAYNES E. WILLIAMS 206 NORTH PARROTT AVENUE OKEECHOBEE. FL 34972 OFFICE: (863) 763 - 8051 ~ FAX: (863) 763 - 4268 CELL: (863) 610 - 2390 August 17, 2005 City of Okeechobee General Services Department 55 S.B. 3rd Avenue, Room 101 Okeechobee, FL 34974-2903 Re: Uniform Land Use Application for Special Exception Parcel 3-15-35-37-0010-01440-0030 Lot 3 and the West 10 feet of Lot 2, Block 144, City of Okeechobee To Whom It May Concern: The two-story duplex located on the subject property was built in 2000 by Mike and Patricia Powell and purchased on December 26, 2002 by Haynes and Susan Williams. Recently, the property was rezoned to Light Commercial. The downstairs was occupied by a real estate brokerage and the upstairs is rented out as a two-bedroomlone-bath apartment totaling 576 square feet. According to city ordinance, we need a special exception for the apartment. Due to the shortage of rental property in Okeechobee, we feel the public is best served by allowing the continued use of the upstairs as a dwelling unit. We respectfully submit this application for the special exception for the upstairs apartment. ?tJ~ Haynes E. Williams .tJ~ 8U049t PAGt13tl3 Parcel Identification No. 3_15-37_35-0010-01440-0010 Documemary Stam~ ~Id In thcs amouilt of $ r"J'10. 01) Class C In1anglbj1tTax paid in the amount of$ "'tT Sharon Robertson, CIeri< of Circuit Court Ok~ County, A~a By: . ,,-...(}'~\LC~' D.C. [!~ftll _ ~~n-a '. [Space Above This Line For Recording Datal preoarec;j bv ant;! return to: JOHN D. CASSELS, JR. Attorney at Law Cassels & McCall P.O. Box 968 400 NW Second Street Okeechobee, FL 34973 File No.: 664 LP 00 fZ-' ,,110.00 D~D Warranty Deed (STATUTORY FORM - SECTION 689.02, F.S.) This Indenture made this 20th day of December, 2002 Between PATRICIA POWELL, a single woman, ward, by MARGARET McCONNELL as Guardian of the property of PATRICIA POWELL whose post office address is 1226 Lake Geneva Drive, Lake Worth, FL 33461 of the County of Palm Beach, State of Florida, grantor*, and HAYNES E. WILLIAMS and SUSAN WILLIAMS, his wife whose post office address is 208 North Parrott Avenue, Okeechobee, FL 34972 of the County of Okeechobee, State of Florida, grantee., Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County Florida, to-wit: LOTS 1,2,3,10,11,12 OF BLOCK 144, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. THIS DEED 15 executed and delivered pursuant to that certain Order for Sale signed on December _' 2002, in that certain guardianship proceeding in the Circuit Court of Okeechobee County, Florida, entitled "In re: Guardianship of Patricia Powell", being Case No. 2000-CF-507A in the files of said Court Subject to restrictions, reservations and easements of record, if any. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. . "Grantor" and "Grantee" are used for singular or plural. as context requires. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: -/ ~~ff:t6&c1it~ McCONNELL, Guardian of the Property of Patricia Powell .. . . ,/ HLED fOR RECORD OHfCHOBH COUNTY, FLf,. 382611 ~DEC'2bP.lf c3=i.ml ../ [Notary . S!;{ARQ,N ROBER TSON ,/ State ofFlon~ ~ ( .ct.ERJ( 01" ClRCUITCOURT County of ;C . r; ~ J.-. ~ j t) ,/ The foregoing instrument ""OS ed:nourl("dgp.d hefore me this.;2;;1. '1ay of Decemb~ivoo2'b;p:tri~i; 'Pc;:;;;ir t,;.~d b .; Margaret McCOJUlell. Guardian of the Property o~ Pa.?"icia. Powell, who ~ is personally known or U has' prod~ce~ as Identification. ~ ~ ~ .t2{7'oJ Notary Pu . ,/ P""dN. rrln.'f ~ 13~_p ./ My Connnission Expires: 1'Y. dI. ~ MARY ANNE BOGAERT MY COMMISSION' CC 855941 EXPIRES: JulV 19, 2003 _llvu NoIIIy__ If .1.,.1 d N. E. 3RO AVE CENTERLINE ~ RBF N89' 56' 57' V 60. OJ' (F I : I 1 1 I I I 1&.196"_' RBS N89' 57' 00' V 90.09' J FJ f I I :;. ~~ ~ i CON C . I PAD ......" : LOT 4 ~ 2 STORY ~ S ~ FRAME ~ , 1<" .... l8 1<-19.81' - rT 3: ~ '-.... I - I I 31: I.vt:' I To, I I ~ ILOT31 ~ I I I I I I I I I I ~ ,:.. CO> - ~ s:! I I I I I I ACREAGE- . 207 I I I I I I I I I I ~ ~ 589' 49' IB' E 60.05' (FJ 15' ALLEY RBS <II c c;: .... ... c: c ~ , '" c ~ ~ 8 >- ~ III '" '" LOT 2 RBF DYALS 2084 LELAND R. L. S. 304 S, Ii, 3rd Ave., Okeechobee. FI e. -'..,.7a-4IOf FAX..,..7a-_ /ID. /lEV" 111I/I '"' m RBF /lATI' LEGEND RBF - ReDar Found RBS - ReDar W/Cap Set IPF - Iron Pipe Found CHF - Concrete Honu.ent Found PRH - Per.snent Reference Honu.ent NIT - NA I L AND TAB FOUND fPJ - As per the plet of fFJ - Fle/d Hessureeent fOJ - As per the deed eCJ - Cs/culatlon . D ~~ NOTES: 1. Basis DUring THE NORTH BOUNDARY LINE ISCALE J'- 30'] 2. Bear I ngs per ASSUHEO 3. Not valid without the slgnsture snd the orlglnsl rslsed seal of a Florida licensed surveyor and lepper. 4. Oeser I pt I on as per owner STREH ADDRESS: 209 NORTH EAST 3RO AVENUE CERTIFIED TO: HAYNES E. AND SUSAN WILLIAHS SURVEY OF: LOT 3, AND THE WEST 10 FEET OF LOT 2, BLOCK 144, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLOR IDA. CERTIFICATE OF SURVEY I HEREBY CERTIFY THAT THE PLAT OF SURVEY SHOWN HEREON WAS PREPARED UNOER HY DIRECTION ANO SUPERVISION. ~ ~ t? ~B~ 'Y EAl. Il:Al.E: I'. 30' I'VI1Il ~ III r JI6342 . & IPf. :Co.IIIG-4.l HAYNES WILLIAMS I.DIIATlllfH- , . IIPT 10' L- I, .. I~ 11IM!' FllII' . . 22/37''1> IE 06I22I(B /ID.: 113042 /ID.: liT 1 /IF 1 .. 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: Petition No. 05 - 00 tf- - S E Jurisdiction: 60 A- 2nd Hearing: I A- Fee Paid: Notices Mailed: Name of property owner(s): H<:::>s l ~ ()f" 0 I(ee c~ 0 b~ f> i6cx Name of applicant( s) if other than owner (state relationship): Applicant mailing address: Name of contact person (state relationship): L, --- Property address / directions to property: Y I Indicate current use of property: Ad en I () IS +rQ Describe improvements on property, including number/type of dwellings and whether occupied C. B s.. S -t ("' \J... sz. ()J""" C \ Is property in a platte subdivision? P<V" \- of \' Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: (\0 Iv. 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: i\ 0 Is a sale subject to this application being granted? YLQ) Is the subject parcel your total holdings at that location? Ifnot, describe the remaining or intended uses: \ e s o...~ East: f{ 0..1 Describe adjoining land uses / improvements to the North: Existing zoning: 8~ West: S O,(YI.<- p Future Land Use classification: Actions Requested: L-) Rezone Pa~cel Identification Number~ 2> - l:;\'_. - O~ 100 -'0010-3 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 smnmary denial of this application. Ll &~ e lo.-o..(~/"\. Printed Name Uniform Land Use Application (rev. 1/03) 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: Hose-' ~ R~s \ dliLn <:..e.- ( Res <.d.SUd-'lCd Bo ord ~ Core) Provide specific LDR ordinance citation: yo - / J ;S Are there other similar uses in the area? Is so, describe: Yes) l e. 'C. OS\ t t-Q... LV ,'( { lOv'YlS f.h..t.E-( iY\..9J\ ' ~ Q S So u; -k...d (i 0 l '\ {.' 0- U l \ t: Y Why would granting your request be in the best interest of the area and residents? +r ~ m etl d () u.....& ~r cu'cl -fa t e-l ~ l ( &.. \ 1\ f \ {"' fY\ C-t"-+ fLRAlS o-f' l~ c\.r-uD' Ifbusiness, briefly describe nature including number of employees, hours, noise generation and activities to be con~ucted outside of a building: I a e.. m p l 0 "ye. e s ') .f ~ c \' l t t '-( C) ~ ~ Ii h.e 1...\0 ~ cL~) dla I s~ ~ U'Q -+ 10(\ g,. <:) \....L{- ~ ~ o...C.tlU ,'~ -' (\Q.... Describe Variance sought: Describe physical characteristic of property that makes variance necessary: Did you cause or contribute to the characteristic? Is so, descnbe: What is the minimum variance necessary? Uniform Land Use Application (rev. 1/03) Page 2 of 2 .. . . 1fos(Jice of Okftecho6ee, 9nc, 411 SE 4th Street Okeechobee, FJ. 34974 (863) 467-2321 Fax: (863) 467-8330 www.HosoiceOfOkeechobee.org Your Hometown Hospice Applications statement of interest in property: Fee simple interest in property - Hospice of Okeechobee has no outstanding liens, mortgages, or other outstanding encumbrances of said property , Sincerely, n 'J... V'\ '\ 10 losv\~ Lisa Blackman Chief Executive Officer I l, ,~..oO ..~ ",0; ) J" . Instrument prepared by and return 10: BUR C. CONNER, PA t 5tb Street obee, Florida 34m lIl'Cell.n: No: R 3-21-37-3~..()()2().()2100..0010 R 3-21-37-35 -OO2O..{)21 ()().(J()2() Grantec'. Social Security No: ~~~:. 352 i ~J~ 1189 OQcum~ntary Stamps p"Id In the Irt><luat 01 $0 c d-f'/-,/{ data (lUcorJi", ;"ft>ml41lOfl .bow) QUIT-CLAIM DEED THIS INDENTURE made this :30 day of December, 1993, between FREIDA Eo HAMRICK. hereafter referred to as .Grantor"~, and HOSPICE OF OKEECHOBEE, INC.. hereafter referred to as "Grantee"", whose address Is 210 Northwest Park Street, Okeechobee, Florida 34972. (. Wherrv<<r U!lf!a Mrdll !ht ttnns "GrrlltIt1r" and "GrrI1II<<" .rhaU /new" lingular and piura~ heln, kgal nprumtD.lwa, and uWg1U of IndMduoh, lUId IlIt sucee:uon and o.ssigru of corporadofLJ, whtmltT to contct 10 aJmlll or nquJra.) WITNESSETIi, that Grantor, fo:" and in consideration of the sum of $10.00 and other good and valuable consideration given to Grantor, receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim unto Grantee forever, all the right, title, interest, claim and demand which Grantor hilS in and to the following described real pl""perty located in Okeechobee County, Florida: Lots I, 2, 3, 4 and 5, BIl)Ck "B", CENTRAL PARK, according to the plat thereof recorded in Plat Book 2, page. 39 of the Public Records of Okccchobcc County, Florida. AND A portion of Government Lot 4, Section 22, TOWiiship 37 South, Range 35 East, Okeechobee County, Florida. Being more particularly described as follows: Beginning at the intersection of the West RIW Unc of S.E. 5th Ave. (FfKlA Micanopee ST.) with the South RIW Uoe of S.E. 3rd ST. (FfKlA Sixth ST.) as shown on that particular subdivision map of "Blocks 252. 253 and 254", according to the plat thereof recorded in Plat Book 2, page 4 of the PubUc Records of said Okeeehobee County, thence Westerly along said South RIW Une, a distance of 300 feet to the intersection with the East R/W line of S.E. 4th A VB. (FfKlA Hiwassee St.); Thence Southerly along said East R/W Une, a distance of 142.5 feet to the intersection with the Easterly extension of the North boundary tine of that particular 15.00 foot wide alley lying within Block 209, FIRST ADDmON TO OKEECHOBEE, according to the plat thereof recorded in Plat Book 1, page 11, Aforesaid Public Records; .' Thence East along said Easterly extension of the North line of that 15.00 Coot wide alley to the intersection with the HOPKINS MEANDER UNE, said point of intersection also being a point on f. .... .. the Northwesterly boundary line oC Block "B", CENTRAL PARK, according to the plat thereof !lr:~':t" . recorded in Plat Book 2, page 39, Aforesaid Public Records; 1~::1:,::'<. ....':. ' .,. .'... . . . ~~~;;~;.\:::,~~...; ,. TheneeNoithwtcrtY aIongsald HOPKINS MEANDER UNEand the Northwesterly line of Block . '. .....:,;..I:;;~.CENTRALPARK, to the Northernmost comer of said Block "B", said comer being a point on , . :ttbe:uol'Cictd.WcstPJW IJnc of S.B-5th Ava; ":~.~i::;?:}tW~<:~'??7":\:'; . . . 1. (, ~~i;;~~J~~A~~~~t!:~~:~ ""_.....I.>........._....~'...._.~, ;,_...., ,. ~ Thence Northerly along said West R/W !Jne to the Point Of lkginnlng. AND ,., .-~. r~" .JJ2 HCf 1190 A portion of Government lot 4. Section 22, Township 37 South, Range 3.5 East. Okecchobee County. Aorida. Being mOi'e particularly described as follows: Beginning at the intersection of the West R/W Une of S.E. Sth Ave. (FIKJA Micanopee 51.) with the South RIW line of S.E. 3rd 51. (FIKJA Sixth sr.) as shown on that particular subdivision map of "Blocks 2.52. 2.53 and 254. according to the plat thereof recorded in Plat Book 2. page 4 of the Public Records of said Okecchobee County. thence Westerly along said South R/W line. a distance of 300 feet to the intersection with the East R/W Lne of S.E. 4th Ave. (FIKJA Hiwassee sr.); Thence Southerly along said East R/W Une. a distance of 142..5 feet to the Intersection with the Easterly extension of the North boundary line of the particular 15.00 foot wide alley lying within Block 209. ARsr ADDffiON TO OKEECHOBEE, according to the pl.n thereof recorded in Plat Book 1. page 11. Aforesaid Public Records; Thence continue Southerly along said East R/W Une. a distance of ].5.00 feet for !he Puint Of Beginning; Thence continue Southerly along said East R/W Une, a distance of 142..5 feet to the intersection with the North RIW line of S.E. 4th St. (FIKJA Fifth Ave.); Thence FJUterly along said North R/W Une. a distance of 115.08 feet, more or less. to the Intersection with the HOPKINS MEANDER UNE. said point of Intersection also being the Western most comer of Block "B". CENTRAL PARK, according to the plat thereof recorded in Plat Book 2, page 39, Aforesald Public Records; Thence Northeasterly along said HOPKIN"S MEANDER UNE and the Northwesterly boundary line of said Block"B", CENTRAL PARK, to a point that measures 142..5 feet North of (at right angles to) the aforesald North R/W line of S.E. 4th St.; Thence Westerly along a line that measures ]42.5 feet North of and Parallel with said North R/W of S.E. 4th St., a distance of 25230 feet, more or less, to the Point Of Beginning. TO HAVE AND TO HOLD all the estate, right, title, interest, lien, and claim whatsoever of GnlDtor, either in law or equity. SUBJECT TO THE FOlLOWING RESTRICTIONS, WHICH CONSTlTUI'E COVENANTS RUNNING WITH THE lAND UNTIL JANUARY 1, 2114: 1. The property must be used for purposes of operating a Hospice House (in-patient facility) after January 1, 2000. Prior to January 1. 2000 the property may be used only for operating an administrative office compla for GnDtce. GraDtee must construct an office complex on the property no later than one year from the date Graatee.obtafns a building permit. Gra.tee must use diligent efforts to obtain a building permlt. The office compla must have a minimum of 2,000 square feet of space. If era.tee Calls to have ~~ " the construction the office complex completed within one year after GraDteo obtalns a buDding permit, then ;;,) GraJltee IhaIl deed the property back to Gl'lIDtOl', unless the delay In construction is not the fault of Graatee ..:: or Gnatec'. contractor or subcontractors. After January 1. 2000. in addition .to using the property for :.:;. ..,.' opel'ating a Hospice House, the property may be UJed for any other use which directly supports the offering (I':;>. :, ," . of boIpicc' icMc:ea to the terminAlly nt, including operation of an admlnJstratfve office. The property may i!i;lFf:;'~;;'" !',;." Dot be used for my purpose during the period of these restrictions. except u provided bereln. In addition ;~f'lr~'~4L14~~~:_;~d.:.'.;,:-':.:~~:.: ':;...~'.... "_..;,.-... -. "",,'. .~ ~.:...~; .:, --,. ' . . 2' l\.~ ;352 PAGF 1191 to I\11Y other remedie3 Grantor may have, this restriction may be enforced by injunction pl"OCeedinp. '2. Grantee shall construct and begin ope,rating a Hospice House (In-patient care facility) no later than January I, 2000. If Grantee can demonstrnte that It is not economically feasible for Gn.tee to construct and operate a Hospice House by January 1,2000, then Grantor shall extend the deadline for construction :md operation of I Hospice House until January 1,2004, If Grantee falls to construct and begin operating a Hospice House by January 1,2000, or by January 1, 2004. If lite deadline Is extended, thl"t: enDUe shall pay liquidated damages to Gnntor, her heirs, successors or a.~!llgns In the amount of $62,.SOO.00. It Is Grantor's primary Intention In making this conveyance, which Is a gift. that a Hospice House be constructed and operated on the property as soon as It Is economically and practically feasible for GraDtee to do so, however, Grantor does not wish to Impose an economic burden on GraDtee which could jeopardize Its ability to provide services to the terminally ill. 3. Gnntor must review the building plans for any office or Hospl~ House constructed on the property, however, Ihis provision shall not be deemed to require Grantor's approval of the plans. 4. The3e restrictions may be enforced by Grantor or H. G. Culbreth, Jr. Thil lastrument WIlS prepared without the benefit of title examination, and the preparer does not guarantee either marIteUbUIty of the title, accuracy of description or quantity of land described. Signed and sealed in the presence of: GRANTOR: ~Llt' YN a~,y/.b7V (Sian_lUre) PAUL M. BUXTON (Print name) 4~'7U. ~~i;Xj, ~unl) ERNESTINE MILLS (Print nUDCl) !fA" Ah ~ ))?.~A~/'- FREIDA E. HAMRICK 315 Southeast Third Avenue Okeechobee, FL 34974 STATE OF FLORIDA COUNIY OF OKEECHOBEE ;., The foregoing Instrument was acknowledged before me on February L 1994, by FTJ:IDA E. HAMRICK. who Is personally known to me or produced a photo driver's license as identification and did/did no~'(1Irib 000) take an oath. '. .,...~:~u... . COMMISSION EXPIRATION AND SEAL: .~,. .;."; 'i:(l/~""" . . .~~:., .' .._..:"~~""~; , -#. It) ." 1'7 "",\... \ /7 . ',: ",.., .. (} A ell;.: (,,( . . (. . r ,..J ': :\,- NOTAR PUBUC, STATE OF M . : !.J r i+i:: "! . ". '>~~'~"" aN. '" !.~~. ':': . ' '. ......'.,>:...~:~~~~~"'<'...;;K~; /'~ IOIIAWAIII......... ",....~ , 'l'?> ,\"~". . Sf; 6 8 S Zft4\ ..,*:a':.-::::' '0.. ......., \" Me. CQOO417 ' ~.., , t 3 .........;"...",,,.....""'''i.",;>#......'''..;....,"'O.+'',.,.u.,.",..........., " . . Expedition Surve!jing & Mapping, Office: }04 NW 5th Street - Okeechobee Mail: F ost Office 50x \ 6\ 0 - Okeechobee, Florida }4977 Voice: 867-757-6688 Fax: 867-757-6684 , Inc. September 9, 2005 Ms. Katrina Cook General Services Coordinator City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Subject: Hospice of Okeechobee Dear Ms. Cook, In an effort to assist Hospice of Okeechobee and with a bit of luck, expedite their permitting process, I respectfully request that you wave the requirement for a "current" survey of their site. In support of this request, I offer the following information. During .1994, I prepared a survey of the subject site for Hoover and Associates, Inc. With the passing of Mr. Hoover in 1996, Hoover and Associates, Inc. ceased to exist. Since current Florida Statutes pertaining to surveying and mapping prohibit the signing of a document prepared under the certificate of authorization of a "null & void" status company, I cannot legally sign and seal a copy of said survey. However, I can make the following statements: I hereby certify that while employed with Hoover and Associates, Inc., I prepared and signed the following survey: Boundary and Topographic Survey Certified to: "Hospice of Okeechobee" Job No. 3026 Dated 5/211994 Sheet 1 of 1 Furthermore, I hereby certify that to the best of my knowledge and belief, the conditions reflected in said survey (both existing and proposed) do not appear to have altered significantly. Additional, there does not appear to have been any recent construction or demolition, either on site or offsite, that would adversely affect the landlines or possession thereof. " N A, WI N, PSM fessional Surveyor and Mapper lorida License No. LS5157 Florida Certificate of Authorization No. LB7429 The survey/report depicted here is not covered by professional liability insurance. "Additions or deletions to survey map or report by other than the signing party or parties is prohibited without written consent of the signing party or parties. . This survey is not valid without the signature and raised embossed seal of the signing Florida Professional Surveyor and Mapper. c:\expedition surveying & mapping\hospice letter. doc --~. L _ __\_ _ _ _ J_ _ _ ~ _ - _1- - - - J_ - ~-4(C)COR. I I I '01 ~I "I I '--- . €t S,E. 3RD STREET EDCf; OF' PA~ENT N 89.55'38" W C 520.07' - - -1----'""'---.. 300,05 C / / f \ I \ !l . ~ / u / ~ I l N !l ~ F\J11JRE PAllENT / . CARE F ...aU'lY u / ~ L J I oi l!l I !l J .. w I I I W L ::> 1 ::> Tllf' I Z Z Of w~ N 89'55'3'" W(C) \ 300.23'(C) ... W RIM 2.4..37 >", ffi > EY 55 S <(~ / ~ <( 15' ALLEY ~'l .f :c~ 300'.25'(C) 1 15 :c \ S 89' ~ 1-" ~ I- .. ~I .q.-z, .-.'. _.' l.() I PROPOSED AOIo41NIS'm...llON I / \ W BUILDING W tf) u / tf) w L ~ .... 1:11 N / \ . '" p 0 0 z 5' SIDEWALK u \ u I ~ LO K "8" 2 .... 12 UN '" I N ~ I ~ \ . il PRoPOSED PARKING LA'T \ , I 3 LaRue Planning & Mana ement Services, Inc. . 1375 J*n Street, Suite 206 Fort M , Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning~att.net Staff Report - Special Exception Request Prepared for: The City of Okeechobee Applicant: Hospice ofOkeechobee Petition No.: 05-004-SE Staff Report Special Exception Request Applicant's Nat..,; :Hospice Of Okeechobee Petition No. 05-004-SE General Information: Contact Person Lisa Blackman, Chief Executive Officer Legal Description of Subject Property: Lots 1,2,3,4 and 5, Block "B", CENTRAL PARK, according to the plat thereof recorded in Plat Book 2, page 39 of the Public Records ofOkeechobee County, Florida. AND A portion of Government Lot 4, Section 22, Township 37 South, Range 35 East, Okeechobee County, Florida. Being more particularly described as follows: Beginning at the intersection of the West R1W Line S.E. 5th Ave. (F/K1A Micanopee ST.) with the South R1W Line of S.E. 3rd St. (FIK/A Sixth ST.) as shown on that particular subdivision map of "Blocks 252,253 and 254". According to the plat thereof recorded in Plat Book 2, page 4 of the Public Records of said Okeechobee County, thence Westerly along said South R/W Line, a distance of 300 feet to the intersection with the East R1W Line of S.E. 4th AVE. (FIK/A Hiwassee St.); Thence Southerly along said East R1W Line, a distance of 142.5 feet to the intersection with the Easterly extension of the North boundary line of that particular 15.00 foot wide alley lying within Block 209, FIRST ADDITION TO OKEECHOBEE, according to the plat thereof recorded in Plat Book I, page 11, Aforesaid Public Records; Thence East along said Easterly extension of the North line of that 15.00 foot wide alley to the intersection with the HOPKINS MEANDER LINE, said point of intersection also being a point on the Northwesterly boundary line of Block "B", CENTRAL PARK, according to the plat thereof recorded in Plat Book 2, page 39, Aforesaid Public Records; Thence Northeasterly along said HOPKINS MEANDER LINE and the Northwesterly line of Block "B", CENTRAL PARK, to the Northernmost comer of said Block "B", said comer being a point on the aforesaid West R1W Line of S.E. 5th AVE; Thence Northerly along said West R1W Line to the Point Of Beginning. AND A portion of Government Lot 4, Section 22, Township 37 South, Range 35 East, Okeechobee County, Florida. Being more particularly described as follows: Beginning at the intersection of the West RIW Line of S.E. 5th Ave. (F/K1A Micanopee St.) with the South RIW Line of S.E. 3rd St. (FIK/a Sixth ST.) as shown on that particular subdivision map of "Blocks 252, 253 and 254, according to the plat thereof recorded in Plat Book 2, page 4 of the Public Records of said Okeechobee County, thence Westerly along said South R1W Line, a distance of 300 feet to the intersection with the East R1W Line of S.E. 4th Ave. (FIK/A Hiwassee ST.); Thence Southerly along said East R1W Line a distance of 142.5 feet to the intersection with the Easterly extension of the North boundary line of the particular 15.00 foot wide alley lying within Block 209, FIRST ADDITION TO OKEECHOBEE, according to the plat thereof recorded in Plat Book 1, page I I, Aforesaid Public Records; Page -1- Staff Report Special Exception Request . Applicant's A :Hospice Of Okeechobee Petition No. 05-004-SE Thence continue Southerly along said East R/W Line, a distance of 15.00 feet for the Point Of Beginning; Thence continue Southerly along said East R/W Line, a distance of 142.5 feet to the intersection with the North RfW Line ofS.E. 4th St. (f/KlA Fifth Ave.); Thence Easterly along said North R/W Line, a distance of 115.08 feet, more or less, to the intersection with the HOPKINS MEANDER LINE, said point of intersection also being the Western most comer of Block "B",CENTRAL PARK, according to the plat thereof recorded in Plat Book 2, page 39, Aforesaid Public Records; Thence Northeasterly along said HOPKIN'S MEANDER LINE and the Northwesterly boundary line of said Block "B", CENTRAL PARK, to a point that measures 142.5 feet North of (at right angles to) the aforesaid North RfW Line ofS.E. 4th St.; Thence Westerly along a line that measures 142.5 feet North of and Parallel with said North R/W of S.E. 4th St., a distance of252.30 feet, more or less, to the Point OF Beginning. Item before the Board of Adjustment: The matter for consideration by the City of Okeechobee Board of Adjustment is an application requesting a Special Exception in the Residential Multi Family Zoning District for property located at 411 S.E. 4th St. Okeechobee, FL 34974. The Future Land Use designation for this property is Single Family which limits the density to that designation. Specifically, the applicant wishes to operate a residential hospice facility with up to 8 beds at this location. Background: The subject property is approximately 2 acre(s) fronting on SE 4th Street which is subject to this Special Use Exception petition. The applicant intends to convert the existing administrative building into a hospice residential facility. The dwelling has public utilities and the adjoining property uses are as follows: North: East: South: West: Single Family & Multi Family Residential Same Same Same The property lines within the Residential Multi Family Zoning District and has a Single Family Future Land Use designation. The facility is being proposed as a hospice residential care facility. Florida Statutes Section 419.001 defines similar care facilities which are licensed to serve the clients of the Department of Children and Family Services as a community residential home. 9 419.001(1)(a) -- "Community residential home" means a dwelling unit licensed to serve clients of the Department of Children and Family Services, which provides a living environment for 7 to 14 unrelated residents who operate as the functional equivalent of a family, including Page -2- Staff Report Special Exception Request Applicant's Name :Hospice Of Okeechobee Petition No. 05-004-SE such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents. The statutes continue to say that six or fewer residents in such a home can be approved regardless of zoning, 7-14 can be approved in Multi Family Zoning if it does not substantially alter the nature and character of the area. See attachment. Based on this definition and the applicant's request to provide such services for up to 8 residents, Staff must determine whether or not the siting of this facility is in accordance with the current Future Land Use and Zoning on the subject property. The Comprehensive Plan describes the Single Family land use designation in Policy 2.1(a): "Single Family Residential: Permitted uses are one single-family dwelling on each lot and structures accessory to the residential use, mobile home parks and public facilities. Ma.:rimum density is four units per acre for residential units on individual lots ... " The Land Development Code allows a density of up to 10 dwelling units an acre for property within the Residential Multi Family Zoning District. In reviewing this particular request, staff has determined that there is a demand for such a facility to be located within the City and that it would provide the citizens of Okeechobee in need of such care with an adequate facility without having to travel long distances. Consistency with Land Development Regulations: When reaching a conclusion on a Special Exception, the Board of Adjustment shall consider and show in its record the following findings: A. The use is not contrary to the Comprehensive Plan requirements. Because the site has inconsistent zoning and future land use, a compromise must be reached between the City and the applicant. By allowing this use as a special exception under the Residential Multi Family Zoning without the Multi Family Future Land Use designation, technically the applicant could be exceeding the maximum number of beds allowed by the Future Land Use Element for Single Family areas as described above. Alternately, the statute governing community residential homes states that there is no prohibition from approving these facilities in Single Family, Multi Family and Zoning areas. B. The use is specifically authorized as a special exception use in the zoning district. Under Section 90-193(13), which states: The following uses and structures are permitted in the Residential Multi Family Zoning district after issuance of a special exception use petition and may have additional conditions imposed at the time of approval: Page -3- Staff Report Special Exception Request . Applicant's N. :Hospice Of Okeechobee Petition No. 05-004-SE (13) Adult family care homes or assisted living facilities as provided by law. Under Section 90-103 (Special exception uses), which states: The following uses and structures are permitted in the RSF 1 district after the issuance of a special exception use petition: (2) Adult family care homes or assisted living facilities as provided by law. C. The use will not have an adverse effect on the public interest. As stated earlier, there is an advantage to having this type of facility in the City. Because the site will be providing care for terminally ill and/or frail elderly patients it appears that by allowing this special exception request the public interest will not be adversely affected. D. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. The facility would be appropriate for the proposed location as long as the number of beds would be compatible with the neighborhood. The surrounding existing uses, Future Land Use Categories and Zoning Districts are compatible with the proposed use ad requested. E. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. No, it does not appear that the proposed use with eight beds would adversely affect property values or living conditions, nor will it be a deterrent to the development of adjacent property. F. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. Yes, the use may be required to be screened from the surrounding uses. Proper landscaping can accomplish this. G. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. No, by allowing this use public facilities will not be over burdened. H. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. No, the use will not create traffic congestion, flooding or drainage problems. Page -4- Staff Report Special Exception Request Applicant's Name :Hospice Of Okeechobee Petition No. 05-004-SE Recommendation: Move that Petition No. 05-004-SE be approved based on the findings contained in the Planning Consultant's report dated September 10, 2005. The following conditions for approval shall be: (1) The Hospice residential facility shall be limited to 8 beds unless the subject property land use changes to Multi Family. (2) This approval is for the existing building and future buildings. (3) Administration services for Hospice is authorized in conjunction within the residential unit. (4) The residential facility shall utilize City sewer and water facilities. (5) Parking shall be off street only. Number of parking spaces shall be consistent with Multi Family uses. Submitted by: James G. LaRue, AICP Planning Consultant Page -5- - 087 PSi SEP 09 '05 14:28 .---~ _....--.- -'.-.--" .- LARUE PLANNING &, MANAGEMENT SERVICES, INC. 1375 Jackson Street, Suite 206 Fort Myers. FL 33901 239-334-3366 · FAX: 239-334-6384 E-Mail: larue-planning@att.net FAX TRANSMISSION To: Fax No. From: Subject: Katrina Auto Dial James G. laRue Attachment to Staff Report OS-004-SE Date: 9/9/2005 Pages: 2, including this cover sheet COMMENTS: Sl;llutc:; & C\)\}::>lilulion . V 1387 P02 ~l..lluu;!> .-,,200J-.....Ch041y......s~cl1on IA Ilsenate.gov SE? 09 '05 14:28 Page 10f3 Select Year: 2003l' i ~ !he 2003 Florida Statutes TI tLe XXX SOCIAL WELFARE Chapter 419 COMMUNITY RESIDENTIAL HOMES View Ent1reChaptef 419.001 Site selection of community residenttal homes.-- (1) for the purposes 01 this section. the follOWlna deflnitfons shall apply: (a) 'Community residential homl:" means it dwetlini unit licensed to serve clients of the Department of Chtldr~n and Family Services. whtch provides a living environment for 7 to 14 unrelated residents who operate as the functional equivalent of It family, jncludi~ such supervision and care by $~portive staff as may be necessary to meet the physical, emotfonal, and sociat needs of the residents. (b) "Department" means the Department of Children and Family Services. (e) "Local government" means a county as set forth in chapter 7 or a municipatity incorporated under the provisions of chapter 165. (d) "Resident" means any of the following: a traU elder as defined in s. :400.61B; a physically disabled or handicapped person as defined in s. 760.2l(7)(a); a devltlopmentaUy disabled person as defined in s. 391.063(12)j I nondangerolJS mentally flL person as defined tn s. 324.455(181: or a child as defined in s. 39.01(14), s. 984,0.3(9) or t12), or s. ?~.(8). (e) "Sponsoring aiency. means an agency or unit of government, it profit or nonprofit agency. or any tlther person or organization Which intends to establish or operate a community residential home. (2) Homes Of six or f.wer residents which otherwise meet the definition of a community residential home shall be deemed a sinale-lamny unit and a noncommercial, residential use for the purpose of loeallaws and ordfnances. Homes of SilC or fewer residents which otherwise meet the dctfinition of a community residential home shaU be allOWed in single-family Or multifamily zoning w1thout approval by thct local iovemment. provfded that such homes shall not bet located Withfn a radius of 1,000 feet of another existina such home with six or fewer residents. Such homes with six or fewer residents shall not be required to comply with the notffication prOVisions of this section; provided, however, that the sponsorinK agency or the department notiffes the local government at the time of home occupancy that the home is Ucensed by the department. (3)(a) When a site for a communfty residential home has been selected by a sponsoring agency in an area zoned for multifamily, the a.cency shall notify the chief executive offfcer of the local government in writin8 and include In such notice the specific address of the site, the residential licensing category, the number of residents, and the communfty support requirements of the proaram. Such not1(e shall also contafn a statement from the district administrator of the department tndicating the need for and the lIcensl,. status of the proposed communIty residential home and spedfyint how the home meets appUcabte licensing crfteria for the safe care and supervision of the clients In the home. The district administrator shall also provfde to the local government the most recently pubUshed data compiled that identifies all community residential homes fn the distlict in which the proposed site is to be located. The tocal government Shall review the notlficatfon of the sponsoring asency in accordance with the zoning ordinance of the jurisdiction. (b) Pursuant to such review, the local government may: httn:/lwww. flsenate. ~ov IStatuteslindex.cfm?P=2&Apv mode=Displav Statute&Search Stri... 9n J2005 - 087 P03 SEP ~3 '05 14:28 ~tatulcs &:. Cum~lilutiull .. SlcllUl(,!s ;-.....2 OOJ-...-t:hU41 ~-,.>SecllOn Uet1senate.gov Page 2 of3 1. Determine that the sitina of the community residential home is in accordance with local zoning and approve the siting. If the siting is approvedt the sponsorfni agency may establish the home at the site selected. 2. Fail to respond within 60 days. If the local government fails to respond within such time. the sponsorlnl aBency may establish the home at the site selected. 3. Deny the sitinl of tt'1ehome. (c) The local government shalt not deny the siting of a community residential home unless the local government establishes that the siting of the home at the site selected: 1. Does not otherw1se conform to existins zoning regulations epplicable to other multifamily uses In the area. 1 Does not meet applicable licensing criterta established and determined by the department, inctudina requirements that the home be located to assure the safe care and SUp&rvision of all clients in the home. 3. Would result in such a concentration ot community residential homes in the area in proximity to the site selected, or would result in a cornbinat1on of such homes with other resIdences in the communitYt such that the nature and character of the area would be $ubstaotially altered. A hOi"ne that is located within a radius of 1 ,200 feet of another existing community residentiat home in a multifam1ly zone shall be an overconcentratfon of such homes that substanttally alters the nature and dlaracter of the area. A home that is located within a radius of 500 feet of an area of sinile- family zooins sutlstantially alters the nature and character of the area. (4) AU distance requirements in tr.ts section shall be measured from the nearest point of the existing home or area of siogle.famlly zoning to the nearest point ot the proposed home. (5) It agreed to by both the local goyemment and the sponsoring agency, a confUct may be resolved through informal mediation. The local government shall arrange for the serv1ces of an independent mediator or may utft1ze the dispute resolution process established by a reaional planning council pursuant to 5. 1~. Med1atfon shall be concluded within 45 days of a reque$t therefor. The resolution ot any issue throueh the mediation process shall not alter any person's 1i8ht to I) judicial determination of any issue if that person is entitled to such a determination under statutory or common taw. (6) The department shall not issue a license to a sponsorinilasency for operation of a community residential home if the sponsorins 4t8ency does not notify the local government of Its intel1tion to establish a pr01ram, as required by subsection (3). A license issued without compliance with the provisions of this section shall be considered null and void, and continued operation of the home may be en1olned. (7) A dwelUna unit housilli a community residential home established pursuant to this section shall be subject to the same local laws and ordinances applicable to other noncommercial, residential family units in the area in which it is established. (8) Nothing in thIs section shall be deemed to affect the authority of any community residential home lawfutty estabUshed prior to October t. 1989, to continue to operate. (9) Nothjna in this section shall permtt persons to occupy a community residential home who would constitute a direct threat to the health and safety of other persons or whose residency would result in substantial physical damage to the property of others. htto:/Iwww.flsenate.Rov/Statutealindex.cfm?u""2&App mode""'DiS'Plav Statute&Search Stri... 917/2005 087 P04 SED 09 '05 14:~9 :-ilallltc." (\: ('nll~I'll1Tion .V; S(ull\IC~; ;'~003 "Ch0419-..S~~uuU O\JhlC:ni:lt~.gov Page 3 01'3 * (10) The siting of community residenttal homes tn areas zoned for single family shall be governed by local zoning ordinances. NothtnS in this section prohibits a local govemment from authoriZing the development of community residential homes in areas zoned for single family. (11) Nothini in this section requires any local government to adopt is new ordinance if it has in place an ord1nance governioa the placement of community residential homes that meet the criteria of this sectlon. State taw on community residential homes controls (Ner local ordinances, but nothing in this section prohibits a local government from adoptini more ltberalstandards for sitina such homes. History...s. 1, ch. 89-372; $.1, ch. 90-192; s. 4, en. 91.429; s. 36, th. 93.206; s. 6, ch. 95-152; s. 42, ch. 96.169; s. 222, th. 97.101; s. 46, en. 98.280; s. 14, ch. 98.338; s. 53. th. 99-193; s. 23. ch. 99-284; s, 7, ch. 2000-135. DisclaImer: The Inform!ltlon on this system i. unvel1fied. The journals or print~ bill$ of the rMpective chamber'5 5hould be consulted for official purposes. Copyright C> 2000-2004 State of Florida. http://www,flsenate.gov/Statuteslindex.cfm?p=2&.App _mode-Display _Statute&Seareh_ Stri... 9i7/2005 "'-,........~"".,"""-...