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2006-08-17 99 CITY OF OKEECHOBEE PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS MEETING AUGUST 17,2006 SUMMARY OF BOARD ACTION I I. CALL TO ORDER - Chairperson. Planning BoardIBoard of Adjustment and Appeals, August 17, 2006, 6:00 p.m. I II. CHAIRPERSON, MEMBER AND STAFFA TTENDANCE - Secretary. Chairperson William Ledferd Vice-Chairperson Dawn Hoover Board Member Terry Burroughs Board Member Kenneth Keller Board Member Carol Johns Board Member Devin Maxwell Board Member Douglas McCoy Alternate Epifanio Juarez Alternate Mike O'Connor Attorney John R. Cook Planner Jim LaRue Secretary Betty J. Clement City Clerk Lane Gamiotea III. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Planning BoardIBoard of Adjustment Action for the July 20, 2006 regular meetings. I Page 1 of 14 Chairperson Ledferd called the August 17, 2006 meeting to order at 6:00 p.m. Board Secretary Clement called the roll: Present Present Present Present Present Present Present Present Present Absent (with consent) Absent (represented by John Dulmer) Present Present Board Member McCoy moved to dispense with the reading and approve the Summary of Board Action for the July 20,2006 regular meeting; seconded by Board Member Hoover. Vote LEDFERD - YEA HOOVER - YEA BURROUGHS-YEA KELLER - YEA MAXWELL - YEA Mccoy - YEA JOHNS-YEA MOTION CARRIED. 10 IV. AGENDA - Chairperson. st 17, 2006 - Planning BoardIBoard of Adjustment and Appeals - Pa e 2 of 14 A. Requests for the addition, deferral or withdrawal of items on today's Chairperson Ledferd asked whether there were any requests to add, defer or withdraw items on today': agenda. agenda. New Business Item A, a proposed amendment in parking regulations will specifically bl discussed. V. OPEN PUBLIC HEARING - Chairperson. A. Rezoning Petition No. 06-005-R - City Planning Consultant. 1. Motion to remove Petition No. 06-005-R from the table. 2. V ole on Motion 3. Consider a recommendation to the City Council for Petition No. 06-005-R submitted by Craig M. Hackl on behalf of property owner H20 Holdings, LLC, to rezone two unplatted, vacant 15.05. acres parcels located North of East North Park Street from Holding . and Residential Mobile Home to Heavy Commercial. CHAIRPERSON LEDFERD OPENED THE PUBLIC HEARING AT 6:03 P.M. Petition No. 06-005-R submitted by Craig M. Hackl on behalf of property owner H2O Holdings, LLC, to rezone two unplatted, vacant 15.05 acres parcels located North of East North Park Street from Holding and Residential Mobile Home to Heavy Commercial. Board Member Hoover moved to remove from the table, Rezoning Petition No. 06-005-R seconded by Board Member McCoy. Vote LEDFERD - YEA HOOVER - YEA BURROUGHS-YEA KELLER - YEA MAxWELL - YEA Mccoy - YEA JOHNS-YEA MOTION CARRIED. Planning Staff Report Summary: The site is currently vacant and undeveloped and within the RMH, Holding, and CHV Zoning Districts. The applicant is proposing Commercial uses for the property, but an exact use has not been determined at this time. Given the property's proximity to East North Park Street (SR. 70), in addition to the existing land uses of the abutting properties, the proposed Commercial Development would be consistent with the current surrounding land uses. Planning Staff Analysis: 1. The proposed use and zoning are not contrary to comprehensive plan requirements. CHV Zoning would be a consistent Zoning only if the Commercial Future Land Use category is granted. . August 17, 2006 - Planning BoardIBoard of Adjustment and A peals - P e 3 J.I0 1 V. PUBLIC HEARING CONTINUED. I A.3. Petition No. 06-005-R continued. 2. The proposed use being applied for is specifically authorized under the Zoning District in the Land Development Regulations. Several types of commercial uses are allowed and authorized under the CHV Zoning District. The applicant has stated that retail uses will be a part of the development, but it is not clear what is being asked for. 3. The proposed use and Zoning will not have an adverse effect on the public interest. The public interest will not be negatively affected by this Zoning if it is determined the impacts are not too intensive. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. Surrounding uses that are Commercial show compatibility with uses allowed under this Zoning District but it remains to be determined regarding the residential areas. I 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. The proposed use and Zoning if approved would not be a deterrent to the improvement or development of adjacent properties if it is properly planned. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact or any nuisance or hazard to the neighborhood. If necessary, site plan requirements can help to reduce any impacts upon the neighborhood. I 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The applicant would need to submit a letter to the City which discusses the anticipated flow of water and sewer for the development. The applicant needs to submit information from the OUA which discusses whether there is sufficient capacity to serve the proposed development. The applicant must submit a traffic analysis which will determine the impact of traffic on the surrounding roadway network. This analysis should portray the total impact of surrounding Commercial trips, also. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The proposed development is required to meet all conditions and standards required by the City of Okeechobee and the Florida Administrative Code for drainage. This can be done at the site plan review phase of development. As stated above, traffic impacts will need to be determined by submitting a traffic analysis. 10 v. PUBLIC HEARING CONTINUED. A. 3. Petition No. 06-005-R continued. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No, the proposel use has not been inordinately burdened. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed change, if granted, will not constitute a grant of special privilege, but the Future Land Use Designation must be granted prior to the rezoning. Summary and Conclusions Prior to Certification: Based on the above analysis, Heavy Commercial Zoning does not seem appropriate unless all the data and analysis shows that a Commercial center is appropriate in the neighborhood. Recommendation: Staff did not recommend approval of the request at this time to allow rezoning from Residential Mobile Home (RMH) and Holding (H) to Heavy Commercial (CHV) permitting the applicant to develop Commercial uses at this location. On May 23, 2006, the Land Planning Agency recommended for approval of the applicant's reques contingent upon the applicant providing the following additional information before the August I, 2006 City Council transmittal meeting for the applicant's Large Scale Future Land Use Map request. 1. Potable Water Issue: The anticipated flow for the subject property has not been provided. We need a determination of how much potable water the entire site is expected to demand. Submit a letter to the Qkeechobee Utility Authority (QUA) to determine whether the QUA will have the capacity to serve the proposed development. The response should take into consideration the existing capacity of the water supply plant, how much is already committed to use, and a cumulative impact for already approved development. f I I . 2. Wastewater Issue: The anticipated flow for wastewater has not been determined. As with the potable water issue, a determination of wastewater flows should be given to the QUA. As you know, the exces" capacity of the wastewater treatment plant is less than 300,000 gallons per day (GPD), but until thr expansion to the plant is completed we need to know if the QUA will have the capacity to handle you commercial development. v. PUBLIC HEARING CONTINUED. I A.3. Petition No. 06-005-R continued. 3. Drainage/Stormwater Management Issue: Because of the amount of impervious areas which is customary with commercial uses, we need an idea of how stormwater discharge will be handled on the site. Drainage plans can be submitted during the site plan review phase of development, but for now we need a statement which will discuss, for example, possible detention areas, connecting culverts or outfall structures which will manage surface water on the site. 4. Traffic Issue: We also requested that you submit a traffic analysis which demonstrates how the proposed development would impact the surrounding roadway network. The study must contain quantitative analysis dealing with the impacts of the proposed commercial development throughout the short-term planning time frame (5-years) and the long term planning time frame (lO-years). It is suggested that this be done for the roadway segments withing a 3-mile radius of the subject property. In addition, the analysis must take into consideration the adopted level of service (LOS) standard for the surrounding roads, especially SR 70, and how the proposed development will impact the LOS. I Chairperson Ledferd asked whether there were any questions. Board Memher Burroughs questioned whether the applicant had adequately addressed the surrounding property owners concerns that were stated during the Future Land Use Map Amendment discussion? Mr. Craig Hackl replied that at this time only the potable water, sewer and traffic impacts had to be addressed. Buffering and other issues raised at the previous meeting and cannot be adequately addressed until we know what development will be constructed. Those issues will be addressed during site plan reVIew. Alternate O'Connor noted that this will also have to be considered before the City Council for fmal approval, and not until the Comprehensive Plan Future Land Use Large Scale Map Amendment is approved first. Clerk Gamiotea distributed copies of a conceptual drawing that was presented to City Council. I Chairperson Ledferd asked whether there were anymore question for Mr. Hackl? Alternate Epifanio Juarez as asked whether Mr. LaRue had seen the conceptual drawing. Mr. Dulmer answered yes, along with the water and sewer study, which were reviewed by Mr. LaRue and approved. V. PUBLIC HEARING CONTINUED. A. 3. Petition No. 06-005-R continued. August 17, 2006 - Planning BoardIBoard of Adjustments and Appeals - Page 6 of 14 -.DISCUSSION - VOTE Chairperson Ledferd asked whether there were questions or comments from the public? There were none Board Member Burroughs moved to find Rezoning Petition No. 06-005-R to rezone two unplatted, vacant 15.05 acre parcels located North of East North Park Street from Holding and Residential Mobile Home to Heavy Commercial, consistent with the Comprehensive Plan and recommend approval to the City Council; seconded by Board Member Johns. Vote LEDFERD - YEA HOOVER - YEA BURROUGHS-YEA KELLER - YEA MAXWELL - YEA Mccoy - YEA JOHNS-YEA MOTION CARRIED. A second public hearing will be held before the City Council pending Large Scale Chairperson Ledferd advised that a second public hearing will be held before the City Council pending Comprehensive Plan Map Amendment Application 06-C 1-00 1 at a date to be determined, approval of Large Scale Comprehensive Plan Map Amendment Application 06-C 1-00 1, at a date to be in the Council Chambers determined, in the Council Chambers. QUASI-JUDICIAL A. Special Exception Petition No. 06-008-SE, Tom Forbes is the applicant on behalf of property owners Isaac and Cinderella Kelbie to allow the placement and set-up of a mobile home that was manufactured more than five years prior to the date of the application - Building Official. Consider Petition No. 06-008-SE to allow the placement and set-up of a mobile home that was manufactured more than five years prior to the date of this application. Building Official Tom Forbes presented an application on behalf of Isaac and Cinderella Kelbie to allow the placement and set-up of a mobile home that was manufactured more than five years prior to the date of this application located in the River Bend Mobile Home Park located at 1307 South Parrott Avenue, Lot 50, City of Okeechobee. 10 V. PUBLIC HEARING CONTINUED. A. Petition No. 06-008-SE continued. B. Special Exception Petition No. 06-009-SE; Torn Forbes is the applicant on behalf of property owners Isaac and Cinderella Kelbie to allow the placement and set-up of a mobile home that was manufactured more than five years prior to the date of the application - Building Official. . Au ust 17, 2006 - Planning Board/Board of Ad'ustment and A LaRue Planing & Management Services, Inc. submitted a memorandum stating that the Planning StaB does not have comments for this item as the City Building Official should determine whether the mobile home is fit to be moved into the mobile home park. Chairperson Ledferd asked whether there were any question from the Board? There were none. He also asked whether there were any questions from the public? Karen Gray, Park Manager for the mobile home park spoke in favor of bringing the used mobile homes in the park. Board Member Hoover moved to approve Special Exception No. 06-008-SE to allow the placement and set-up of a mobile home that was manufactured more than five years prior to the date of this application; seconded by Board Member Burroughs. Vote LEDFERD - YEA HOOVER - YEA BURROUGHS-YEA KELLER - YEA MAxWELL - YEA MCCOY - YEA JOHNS-YEA MOTION CARRIED. Consider Petition No.06-009-SE to allow the placement and set-up of a mobile home that was manufactured more than five years prior to the date of this application. I 1 ! Building Official Torn Forbes presented an application on behalf of Isaac and Cinderella Kelbie to allow the placement and set-up of a mobile home that was manufactured more than five years prior to the dat( of this application located in the River Bend Mobile Horne Park located at 1307 South Parrott Avenue Lot 49, City of Okeechobee. August 17 2006 - Planning BoardIBoard of Ad'ustment and A eals - Page 81:0 5' I I I V. PUBLIC HEARING CONTINUED. B. Petition No. 06-009-SE continued. c. Petition No. 06-005- V submitted by Frances Biafore-Gailfoil the property owner. The subject property is located at 1410 Southeast 8th Drive. The purpose for the request is to allow a variance of the front set backs from 25 feet to 5 feet for a steel carport in front of existing garage - City Planning Consultant. LaRue Planing & Management Services, Inc. submitted a memo stating that the Planning Staff does not have comments for this item as the City Building Official should determine whether the mobile home is fit to be moved into the mobile home park. Board Member McCoy questioned whether the setbacks could be met. Mr. Forbes replied there are no true lot lines in a mobile home park, that they go by the fire code separation as the regulating factor. Chairperson Ledferd asked whether there were any question from the Board? There were none. He also asked whether there were any questions from the public? Karen Gray, Park Manager for River Bend spoke in favor or bringing the used mobile homes in the park. Board Member Hoover moved to approve Special Exception No. 06-009-SE to allow the placement and set -up of a mobile home that was manufactured more than five years prior to the date of this appl ication; seconded by Board Member Burroughs. Vote LEDFERD - YEA HOOVER - YEA BURROUGHS-YEA KELLER - YEA MAxWELL - YEA Mccoy - YEA JOHNS-YEA MOTION CARRIED. Consider Petition No. 06-005- V submitted by Frances Biafore-Gailfoil the property owner. The subject property is located at 1410 Southeast 8th Drive. The purpose for the request is to allow a variance of the front set backs from 25 feet to 5 feet for a steel carport in front of existing garage Planning Staff Report Summary: After reviewing this application, Staff has determined that the request generally does not satisfy the criteria outlined below for granting the variance: v. PUBLIC HEARING CONTINUED. c. Petition No. 06-005- V continued. A. Special conditions and circumstances exist which are peculiar to the land or structure involved, ana are not applicable to other land or structures in the same zoning district. No. Special conditions and/or circumstances do not exist which are peculiar to the land or the structure involved. While the garage is being used for other purposes, there are no special attributes of the land to be peculiar. B. The special conditions and circumstances do not result from actions of the applicant. The special conditions and circumstances seem to be as a result of the actions of the applicant. C. Literal interpretation and enforcement of the Land Development Code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning districts under the terms of the Land Development Code, and would work unnecessary and undue hardship on the applicant. No. Literal interpretation and enforcement of the Land Development Code would not deprive the appl icant of rights commonly enjoyed by other properties within the same RSF-l Zoing District. The subject property currently conforms to the 25 foot setback required by the Land Development Code. If the carport is allowed it would encroach 20 feet into the 25 foot setback. D. The variance, if granted, is the minimum variance necessary to make possible the reasonable use of the land or structure. No, the applicant is still able to have reasonable use of the land. The existing dwelling unit does not encroach into any of the required setbacks. E. Granting .the variance request will not confer on the appliant any special privilege( s) that is (are) denied by the Land Development Code to other land or structures in the same zoning district. Yes. If this request is granted, special privileges will be conferred on the applicant which are denied by the Land Development Code to other properties or structures within the RSF-I Zoning District. Any other instances of other nearby encroachments do not qualify as a reason to allow this variance of such a large encroachment. 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. Granting this variance will not be compatible with the intent and purpose of the Land Development Code. Other violations nearby would be dealt with as individual code violations. I I I V. PUBLIC HEARING CONTINUED. D. c. Petition No. 06-005- V continued. Staff recommends denial of the request to allow a variance from Section 90-1 05(b) permitting the applicant to construct a carport which will encroach into the front setback requirements. Mr. Dulmer reinforced the position of denial, adding that doing so would attribute to others on the street applying for the same consideration. Board Member Burroughs asked about the drawing submitted concerning the position of the garage. Mr. Dulmer answered that the carport had been enclosed to create the garage, and now the applicants want another carport. Chairperson Ledferd asked whether the owners were present and would like to address the Board. They were not present. Chairperson Ledferd then added, there needs to be a hardship to grant a variance, there does not appear to be one here. Chairperson Ledferd asked whether there were additional comments or discussion? There were none. Board Member Maxwell moved to deny Petition No. 06-005- V to allow front setbacks from 25 feet to five feet for a steel carport to be build in front of existing garage; seconded by Board Member Hoover. Vote LEDFERD - YEA HOOVER - YEA BURROUGHS-YEA KELLER - YEA MAXWELL - YEA Mccoy - YEA JOHNS-YEA MOTION CARRIED. Petition No. 06-004- V - Building Official. Consider Petition No. 06-004- V by Administrative Appeal to allow Sign Permit No. 482-05-05 to construct a billboard located at 1020 West North Park Street. 1 v. PUBLIC HEARING CONTINUED. D.1. Motion to remove Petition 06-004- V from the table. 2. V ote on motion. 3. Consider an Appeal of an Adminislrat ive Decision by the Building Official, (ref. LOR's Section 70-371) to issue a cease and desist order for a Sign Permit No. 482-05-05. The Appeal was submitted by property owners Janet and Rohit Dave. The subject property is located at 1020 West North Park Street. This item was tabled at the June 27,2006 meeting - Building OfficiaL ,Au ust 17, 2006 - Planning Board/Board of Adjustment and A Board Member hoover moved to remove Petition No. 06-004- V from the table; seconded by Board Member Burroughs. Vote LEDFERD - YEA HOOVER - YEA BURROUGHS -YEA KELLER - YEA MAxWELL - YEA MccOY - YEA JOHNS-YEA MOTION CARRIED. Planning Staff Report Summary: Memorandum states, at the time, Staff recommended for denial of the applicant's request. The applicant had applied for and received a permit for a billboard sign but it was not clear whether all of the information had been provided to allow the reviewers knowledge that all code requirements were or were not being met. The facts did show that the applicant had received the permit in May of last year and was six months into its construction when the permit was revoked. At the May meeting, the Building Official indicated all items were satisfactory except for having two ground signs on one frontage area. The case is now to be heard as an Administrative Appeal from the Building Official's interpretation as the Applicant disagrees. Section 70-371(a) of the Land Development Code states that the "board of adjustment shall hear and decide an appeal of an administrative decision when it is alleged that there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement or these regulations." The applicant's request should now be handled as an administrative appeal to Staffs decision and not a variance request. . August 17,2006 - Planning BoardIBoard of Ad'ustment and A eals - Page 12110 9 V. PUBLIC HEARING CONTINUED. I D. 3. Appeal of Administrative decision for Sign Permit No. 482-05-05 continued. I I Attorney Cook provided a memorandum regarding the Administrative Appeal for Petition No. 06-004- V in connection with Sign Permit No. 482-05-05 which states: "The legal problems I see in this situation are mainly two-fold: (1) a representative of Independent Inspections, who is our legal agent, issued the original permit in May 2005, and the petitioner proceeded in good faith on that permission, and expended a large amount of money prior to the permit being revoked. We can of course revoke a permit improperly issued, but that leads us to problem (2) which is that 90-568 states "one ground sign is permitted in the front yard; here, the property is on a comer lot, this property would seem to have two front yards; therefore, does that mean one can place two ground signs at a location since there are two front yards? The answer to this question could go either way in my opinion. However, since the only way to find out the answer is to litigate the matter in circuit court for months, and considering the petitioner relied on the original permit, if we should lose such litigation, the costs would be prohibitive. Therefore, it is my legal recommendation that the board grant the appeal of petitioner, which would in effect overrule our building officials revocation of permit. The petitioner could then complete the sign in accordance with all sign regulations, and the answer to the question about two front yards and two ground signs could be cleared up by future LDR amendment." Mr. Forbes addressed the Board by stating he was comfortable with Attorney Cook's legal interpretation. Chairperson Ledferd asked for comments from the citizens. There was none. Board Member Burroughs moved to approve the Administrative Appeal by the property owners and allow the Sign Permit No. 482-05-05 to continue building the billboard located at 1020 West North Park Street; seconded by Board Member Johns. Vote LEDFERD - YEA HOOVER - YEA BURROUGHS -YEA KELLER - YEA MAXWELL - YEA Mccoy - YEA JOHNS-YEA MOTION CARRIED. CLOSE PUBLIC HEARING - Chairperson. CHAIRPERSON LEDFERD CLOSED PUBLIC HEARING AT 6:55 P.M. VI. NEW BUSINESS. A. Consider and discuss requests for amendments to the City's Land Development Regulations - Chairperson. Chairperson Ledferd asked whether there were any requests from the Board, Staff, or citizens regarding Land Development Regulation Amendments other than Parking that was added. (1) Living Area Above Commercial Structures: The Board agreed with Board Member Burroughs request for Staff to research the LDR' s associated with square footage of living area that is above commercial buildings. Looking at the Historical preservation, we need more square footage of living space in connection with a commercial buildings. Ref. Sec. 90-253(15). (2) Parking Amendments: Mr. Dulmer advised there are options regarding the parking issues. Staff Recommendations: A memorandum written by City Attorney John Cook stating the he would like to add to the agenda the matter of parking regulations in the LDR 's found in 90-481. "As you know. each type of business requires a certain number of spaces according to gross !loor space of the commercial structure; most common is one (I) space per 300 feet, but restaurants require one (1) space per 75 square feet. What we are running into is that older buildings that are renovated or sold often do not have enough lot space to comply with the code, and with new construction, that the number of required spaces becomes so great that when constructed, they are usually unused." "I am recommending that we ask the City Council to consider amending the parking space requirements, to allow greater flexibility. Instead of requiring spaces according to gross floor area, that we exclude from the calculation certain areas not open to the public or storage/mechanical areas. For instance, a recent application on a building of 3000 square feet requires 30 spaces; however, the actual customer area is perhaps 800 square feet, and the bulk of the building is for auto repair and storage, where the public is IT.I not allowed to enter. Also at Locals restaurant, although they have 8500 square feet, the kitchen and storage areas make up nearly half the floor area, which again is not open to the public. There is some precedence for this type of ordinance, as the city made an exception for the new courthouse parking by excluding storage areas from the parking calculations." August 17, 2006 - Planning BoardIBoard of Adjustment and A eals - Page 14 J.1~ 1 VI. NEW BUSINESS CONTINUED. I A. Consider and discuss requests for amendments to the City's Land Development Regulations continued. VII. ADJOURNMENT - Chairperson. I PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning BoardiBoard of Adjuslment and Appeals with respecl to any malleI' conSIdered at IhlS proceeding. Sllch Interested person \\!1I nccd a fI:\..'orJ of th~' pf(xt:'t'thn~\, and ftn such PUivo:-.e ma) l1t'l....d 10 cfl~llrl' a \L'rh;.Him Ic\,:onJ (\1 the pr(X'eedmgs I) made. which record Includes lhe tesllmon) and eVIdence upon which the appeallS to be based. General ServICes tapes are for the sole purpose of backup for offiCial records of the Depanment. ^--~. cLuJ-x 0. f-ttJIf'>-e___ "/illiam Ledfcrd, Chairperson oaLVYl T HOQ.;.e... VIce c:mir I "I have obtained some draft ordinances from Jim LaRue, but no formal ordinance has been drafted yet. What 1 am asking the Board to do is to recommend to the council to amend 90-481 and related sections, to create some leeway in parking calculations; again, we would accomplis this by excluding certain areas of floor space from the calculations, yet at the same time assure that there is some protection in the ordinance to cover a situation where the owner converts space for customer use, etc., so that the necessary parking can be added." The Board agreed with Board Member Maxwell's request that LaRue Planning coordinate with Attorney Cook on a plan to present to the Board at the September 21, 2006 meeting for all options for amending the parking regulations. There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 6:55 p.m. e The Okeechobee News p.o. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertisement, being a Go J' '-""'" 7'. I A..;.j.~_ ~ QL 15:),(30:- in the matter of IJ , . . _ J) -/7 _ 6 f.c; P.uQ~~ ~6 " '. f;b.-n-o~ ~~'- i ~~ i a;y~~ C4-lL C~ in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of (2<.<-'" .j u:J- .) 't- II ,..;L.., ('; '" ~~---------~._.~. Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publi~ation in the said newspaper. / .-1-- ,. -J [c ..~ . e ore me this ' I'lIIUl: IlEAIllN8IlO11CE '-IIlAIIIWOWOF AII.IIIiI1UT AlID APPEAI.s - ~ 8oanV8on of ~ IIId AooeaIs of the CIty of l>>ee- o:IIObee, fIlIIiIa will meeI on TIIInIIIr.. 17, _1I11:G1 '.11. or 81 8001I tl1ereaIt.- III JlO$IIJIe. TIle IIIItIli1g wi IIIU II CIIy Hal, 55 Souhal 3nl AmJe, In 1he CoIndI ChnIIera..Iliom 200, 0lIeclI0bit, ftorIda. . The iIIms of . COI18IdnlIoIIlllisllllllllnO lR: . ClIIllluelll'ulllc IINIinIIlI ~ III ,.. tl1e1nlr IIlbIcll Irom the .... 25..... 2ll...tgr.. il!1II1..... ~ IIlIn1r of IldIIng ... -1iIl1.llll'l SII:. lJO.l115~) ....... br JlIlIllIr1V _ "-.~ 1IIIIIlllIIclJllqlQIi .,410 Sdiast811 ~. ~ ~ 1IlI1'1, lIIIIdIlI6Ia EIIIIII. PIlI sa 3, .... 20, Public IlIConts of llkeechaIIH Counly, FIartda IIId illlIPIllldmIIIIr Tl.189 Ia'l(s).1'IIIort No. tJ6.OO5.v. . Conduct I PubIc /!nIfno to CllIIIldIr I. SPECW. EXlV11ON.1lI aIow the place- mMlIIId set-up of a mobile home lilt _ mnIIclnIl1IOI'lIlhan 1M "*' prior to the - of IIIIIJfIcIIffII (III. lDR's Sec. 96-109(8)) 1UImIIecI!Iv JIIlIPer\y owners Isaac and CIiIcIeIIIIa KetbIe. TIle subjec:tpruperty illocaIail II 1307 SooIh Parrott AYllIlIle, lot #50, RInr Bend MObIlIl Horne Park. PetiIlon No. ll8-OO8-SE. . Cmduct I PubIc f!elIIi1g tu CCIIISidIr I SPECIAl EXlV110N III aIow 1I1a place- fIIlIt and SIll... of a moIliIa home lilt _ IIlbIfacU8d men ..... tiwI )'IllS prior 10.. - of IPIlicIIlan (lit. LIlII's s.c. lJO.l69(8)) IIIbmIIIId !Iv JIIlIPer\y OWlllllll Isaac and CindeIda KdI/e. TIle IUlIIIct IIIUDiirtV illocIItId II 1307 SouIIt ParroIt Area, 10I #49, Rlww Bend MoIlife IIomi Part. Pdon No. 06-009-SE. . Conduct a PubIc HelII!ng m ConIldIr. RazooI1g AppiIcIIfon No. lJ6.OO5-R. (:/aIg M. Hacfd suIIInIlted1l1a __ onlllllall~_ H20~, lie. The IIllPIclIon Is m cIIqa "llIIIilg . lor I'IraI A Irom ReSI- denfiaI Mobfe Home {RMIfl mljeavyCanmin:lal and ParCI/ B Irom IIofd.. ing (HI m Ileavy CorianetCIaI ("....., for YlleanlIqJlallBd pnJperty Ioc8lIlct Ib1h of Easl'tb!h Park S1IIll (_ ~fb:d 70 East. IDlISS 1rOOl1l1a Fost 0tlIce. le- gal descriplloo; I'll,. k A p.., of ,.., Iyfng In Saction 15, TOWII~ 37 SOuth, Ranae 35 East. 0becIiCIIlae CIu1Iy, FlorIda. and being I1IOI'lI jldf:lBly dascIibed as foIows: COWolEHCE III1e Soulhaait comer of SaId Saction 15: thence along the SIlIMl .. of SaId SaclIon IS, S.89"02'4O'W., 486.26 I8et In a llOIrt on h SdIIne of SacIian 15: 1I1ance H.OO'51'2lJ*N, 63.49 feel; lI1ence N.OO"16'59'W, 250.90 feel; II1enca S.B9"54'49'W, 186.2911e11O the POINT Of BEGlHMN6: 1I1ance cor1Ii1ue along said" S.89'54'49'W., 674.15 feel; 1I1ance H.OO.'3'56"W., 943.80 fall: lhence H.89"10'00"E., 336.67 leat; ttrence H.0Ir15'28'W., 49.99leet; lhenct H.8~336.64 leal; Ihence S.OO"16'59'E, 1002.57 ItIl tu .. POrcT OF Said PRe! COI'IIIins 15.05 BCIIt, I1IOI'lI or faSI. ...., I: A PRe! of In IWfn9 iI Saction 15. Town- ship 37 SdI, Rqe 35 East. 0IlaecII0Iiee ~ Floildi; and baing I1IOI'lI pa-_ tlcularly deu:IllelIas loIlows; COMMENCE 8l1l1a Soulhaast comer of said Section 15: 1I1ence afong IIle South fine of said Sactfoo15, S.89'02'4O'W.. 486.26 IIeI In a poi1l oolhe SIlIMlInt of Saclfon 15; 1I1anca H.OO"57'2ll'W.. 63.49 feat; lhence N.OO"I6'59"W.. 250.90 Iae1IO the POINT OF BEGINNING: thence S.89"54'49"w., 186.29 leal; Ihance N.OO"13'56"W., 276.781eel; thence N.89"02'4O"E.. 186.30 feel; fhence S.00"16'59'E.. 279.611ee11n Ihe POINT OF BEGINNING. SIiil PM:e1 COI1llIi1s 1.19 acres.11IOI'lI or lass. . Coosider an Aooeal of an AcImInis1ralive 0ecIsi0n by lI1e Iluildng OIIicia/, (rei. lDR~ Section '1(1.371). In Issue a cease and desist enter for a Sitln P1!nnit No. 482-05-05. The Appeal was sulxnilIecf by pwpeny _ Janet Ind RoIit !lave. The subject property Ii locaIecf at 1020 West Ncir1h Park SIreet. TIis IIem was labIed al1he June 27, 2006 meeting. Consider lIf'l' plOJlOSed MIeIIdmenIs. suIlmiIIed by Cly SIalI or eilizens. to Ihe C~ Plan. wI1ich include I/Ie Land 0evII0umenl ReaulaIlons (UlR's) an<I render a recommendation In Ihe City Council for coiwdiration and final adoption. A ~opy of I/Ie enIR IppIicIIIon(S) Ind IllInda .. IVIilaIlie In.. GennI Slnices 0IIice, Am 10111 CIy Hal Ii by calling llaIy Clemelte8631 763-3372 x 218. Please be advis1C11l1IIt1l1a 80ri of Ad/aIIrRint Ind Is .. ..... 81 .. de- cision mailing body lllUlli-idcloll OIl beIIaIl of I/Ie m IIIIIIlllIIIlI' deny Spe- cial Exl:eplIons or Vlllwe AiiPiicdon(S). The BOII'd .. lIIIlle reco...'........1S tu lIIe Cly CoIIici lor consIdenIion Ind linef IlIaIIlIon 01 Cam- ~rehenslvll'lan Amerulmints. Rezoning AppIcations and lamIllevelopmMl ~ (lIlRs) AmIndrnentS. PlEASE TAKE NOTICE AND BE AIMSEO 1l1IIt W :'lIlIlIesies 10 IjIpeIIlIly decision mada by 1he PIning IloanUIlow of and Appeals willi Ie- specl10 any meIIer consIdril BItlis metlIna,. oior huing wi neecI m enue a YllIIlafim record oI1he IJIllCeelInos Ii mada, lIfich recordlncUles 1I1a lIslInony and evilfenca IlpCIII wNch the _ Is m be bISlId.T8pes .. '1l8eCI1or lIIe sole PW)lOSe of back-up lor 1I1a CIeIi's 0tlIce. In acconfance wiIlIlIIe AmeriCIIIS rriIb 1lIsabI/ti.s ~~ fIlIIiIa Statute 286.26, IICI!OO$ willi disaIJilIes ~ IjJICiaI . to ~ in llis fll1lClllIdIJ,j shoUd ClIIDcIa.y CIiminl. no ....... two (2) lIlIIbIg days prior to Ihe lIIOC8eMI . 863-763-3372 x ~~ . yau .. ~ Ill' lIlice 1m- Pi*ed. car TllO l-aoo:'222-3448 (voice) 1111-8llH47-5620 (TlY). BY: BrIan Whi1ahaI, ~ AdniIis1raIIII 15213000811,11106 - -- - --~~-~~ --~,.~-_._._, --_~__~_______'____n ~ _,~.--__~~~ _ _~____ _~ . It '* PAGE -1- CITY OF OKEECHOBEE - August 17, 2006 - PLANNING BOARD/BOARD OF ADJUSTMENTS AND APPEALS HANDWRITTEN MINUTES I. CALL TO ORDER. Chairperson: Auaust 17, 2006, Planning Board/Board of Adiustment and Appeals Regular Meetina 6:00 p,m. II. CHAIRPERSON, BOARD MEMBER STAFF ATTENDANCE. General Svcs. Coord. Present Chairperson William Ledferd VJce-Chairperson Dawn Hoover Board Member Terry Burroughs Board Member Kenneth Keller Board Member Devin Maxwell Board Member Douglas McCoy Board Member Carol Johns Alternate Epifanio Jurarez Alternate Mike O'Connor Attorney John R. Cook Planning Staff - Jim LaRue {lLct.--.~..c- /\07- ~'1V' ~ Yo' \-tN D A-U;l't f.je. Gen. Svcs. 'Coor8inator Betty Clement City Clerk Lane Gamiotea ~/ v v v t,.../" - - J/ v"- ~ y"'" V / ./' }/'" Absent III. MINUTES. General Services Coordinator. A. Board Member e moved to dispense with the readir1g' ;a~~rove the Summary of Agency Actiorl for the July 20, 2006 regular eeting; seconded by Board Member~~ VOTE LEDFERD HOOVER BURROUGHS KELLER MAXWELL MCCOY JOHNS JURAREZ O'c:xlM)R t1JTIa.~ : YEA NAY ABSTAIN ABSENT NOT SERVING AS A VOTING MEMBER ~~. IV. AGENDA - CHAIRPERSON. A. Requests for ~e additions, deferral or withdrawal of itEffi'3 on tcxlay's agenda q~~ V. CHAIRPERSl\I lEDFERD OPENED TRHE PUBLIC flFAR]}K; AT &:D6 P.M. A. Rezoning PetRion No. 06-00. City Planning consultant.. V Board Member ~ to remove Rezoning Petition No. 06-005-R to rezone two unplatted vacant 15.05 acre parcels located North of East North Park Street from Heavy Commercial and Residential Mobile Home . to.Hea~ Commerciai from th~table:condedb~oard~ember ~tr-. .,._ . Vote on motion to remove from the table. 'lEA --- _--NAY-ABS:tAlN-ABSENT 1. 2, - - ..VOTE LEDFERD ----HOOVER - .--- BURROUGHS nl{E[tCR---- --- ---- --------. - ------------ --- - -- --- - --- -- -- -~~-------.- - MAXWELL MCCOY - -- - JOHNS JURAREZ , ~g~~~~Rl~~=-== . -- . =. =_=--=-. .~~ ~. n.QQo~iger a recommendatj.on to tO~9ity C()_LJncil f0 Petition No. 06-005-R submitted by Craig M. Hackl on behalf of property owner H20 Holdings, LLC, to rezone two unplatted, vacant 15.05 acres parcels located Nortll-6rEasf--- _ ..l'JorthP-ark-Street from Heavy Commerci::ll and F3.esidential Mobile Home to Heavy Commercial. ..HQISERVING AS A VOTING MEMBER____ ... .-k-c~~~.l4--- In-_-V~~:*:-' _.:&>~.~- S " ' ~~ --=.n~~-.~---~.---~~~n~ht!:; ~ :r~-= -- --w L4=~ - -9p1~- - - - -. ----- 'u2.W~~~]------~- - - - tb!tt;Jfc; - ---- ---- -- - - . W~t IdR'-w-u..J".d,++ ~----- ..--~~_- ----1_ - .. . .... 't~ ~~uA ~~)CGdYo ~ Yu-6~~ /Utf. 401)/} ~fYP .-- ,r ~'o 'JA~' c~p~ ~'+1fu ~.u .~~+. '( \~ ~~ lW Ci~Q T ~~W\~ {)~1 - d7/ /~iV:J-r c.c... ~ ' ~ '.~c- ~... fr ~ -c.c: C{l~~ ~ ~~L'~ ~fA- ~..~~~~~*~, J11A)tu-~r~~Q~ G w _ C)r ". \ . ~~],tYM~ ~'~~'~~~~~~iES ~Mb+~~~f2- ~lHL.L7 's,-L~~~~ N~ j}~ @ ~:I=~NCONSISTENT .T~~ ~~~:::~~~~~~~~~~~~g' .t~~~~OT RECOMMEND APPROVAL TO THE CITY COUNCIL, REZONING; SECONDED BY BOARD MEMBER ~~ . VOTE YEA NAY ABSTAIN ABSENT NOT SERVING AS A VOTING MEMBER lEDFERD---- _______________~ _____~____________ _______d.___________ -- HOOVER BURROUGHS--- --~-- -------- . KELLER -MAXWELt MCCOY "~J1)H~"'- ._______Jl.JBAREZ_____~__._ _~ ____ .__ O'CONNOR ~ ----MOrlOtt- CO ~ h}u'p ~___________ __n__ .--" -- -..----~-~.--.--..---.... A second public hearing will b held before the City Council pending Large Scale Comprehensive Plan Map Amendment -----AppHcatioo 06 C1 001 at a date to be determined, in the Council Chambers. --- ------ ------- . ------attA-st~JtIOtCtAtITEMS A. Consider Special Exception Petition No. oe-008-SE: la-allow the placement and set-up ofa mooile home thafwas mallUtactured more than five year.s. prior to the date of this application. Tom Forbes is thftillmILcantQn.b.ehalf..Ql_ the property owners, Isaac and Cinderella Kelbie. The subject property is located at 1307 South Parrott Avenue ------L-et 50 within-a-Residential Mobile Home Zoning District (Ref. LOR's Sec. 90 ~9(Sf~Building Official - -" ..~.._- - --~~- btl4e) .C:rY" Jw.;. c~-'-k,~ . ----- P' '. ~.R,dZ. -8hJJ ~ 41fL ...__ ___________~ Q_'yLDt~ ~V~ - ~__'.~ __ --J2L{Jl----- -_...._-~~~..~.~ _________ _._______wtlQ__~1:r;u/~, 0 ~ r~ h> ~s.--~~~-.. ~ ~.-k..Q~ _-==--4.-:c~~~~a~'~ - le~~~_ --=====- _ .~~~~W~wm.d-.J~i~~ -~------~ ti'~ A' LDw - --- (V-L', \IY\ .. -- ... ..... --------~---------- u_ .- ....... ))~. +~-"iI . ~~4'-76 .~.. ~~ /L~, .- ~---- --~ :Pt._,____ u .._ _ ~. BOARD MEMBER MOVED TO APPROVE/DENY SPiiLAL EXCEPTION NO. OS-OOa-SE '!fJ SUBMITTED BY TOM FORBES ON ALF OF PROPERTY OWNERS ISAAC _ CINDERELLA KELBIE TO ALLOW THE PLACEMENT AND SET-UP OF A MOBILE HOME THAT WAS MANUFACTURED MORE THAN FIVE YEARS PRIOR TO THE DATE OF THIS APPLICATION; SECONDED BY BOARD MEMBER /J11 ,,~ .q2 .f" dl.o. ./ VOTE --VE~ --my ABSTAtN----ABSENT--NOTSERVING AS A VOTING MEMBER LEDFERD "'--li-OOVEA--.' -. BURROUGHS KELLER -.- .---MAXW.Et.L- .-------- . --------- --..------ MCCOY ---dOHNS--------- ------------ JURAREZ .. _ ---~NNOR----------=---------------- ______M_Q"I"IQN: ~J ._____ .. ________ __.___A_ Consider Special Exception PetitionJJo.-.Q&009-SE' To allow the placement and set-up of a mobile home tAatwas. manufactured more than five years prior to the date of this application. Tom Forbes is the applicant on behalf of the--property-owners,fsaaeand Cinderella Kelbie, The subject property is located at 1307 SOUtll Parrott AveIIUe------- Lot 49 within a Residential Mobile Home Zoning District (Ref. LOR's See, 90-49(8) b.3. - Building Official --------cr2~~/l -Ort/YV'--k- ~-h~ ~ _. I . ~^V\~~ . ~~b-~-~-=.J-,:)~-...-. ---.---- ....n.... ._--------"---~___$)---o-~ - ~ . ~-e------ ------ ...~1I~~c -,~ _un. . ___ _.'...., BOARD MEMBER _~~V MOVED TO APPROVE/DENY S~L EXCEPTION NO. 06-00S-SE eJ SUBMITTED BY TOM FORBES O~ALF OF PROPERTY OWNERS ISAAC ~ CINDERELLA KELBIE TO ALLOW THE PLACEMENT AND SET-UP OF A MOBILE HOME THAT WAS MANUFACTURED MORE THAN FIVE YE~S PRIOR TO THE DATE OF THIS APPLICATION; SECONDED BY BOARD MEMBER -tG&ULT~~6~ . __________________n____________ _ ______________________________..___ _ __________________________________ _.. ._. ________._____________ VOTE YEA NAY ABSTAIN ABSENT NOT SERVING AS A VOTING MEMBER ---.t.EDfiR9---- ------------ - ---------------------------------.--- -------- -- --------- HOOVER . - -Bt.tRR()tJ6HS -- . KELLER MAXWELL MCCOY --------------- -- JOHNS ~~:~R7U_,;.:~--.--- MOTION: n~p C. . Consider Petition No 06-00S-V: Frances Biafore-Gailfoil is the applicant and property owner. The subject propertv ---------TSlocated at 141 d Southeast 8th Drive. Thepurpos-e-for-therequest is to allow a variance of the front set backs--:l trom_251eet1o.S feet for a steel carpmUnfronlaLexis1ing garage {BeLlDB's Sec 90-10S (bX2->>.-----City2Janning Consultant --.---...--.-.---------------------rr------~---- ....-...-..---- ------=--=~~~~~:;:9~~~~~o h~, ~ - ------- ,~--~----- ----_._-----------------~-------- _~~ W ^)~_________ ..---~~'-ti""'=--nS\:"d '-k~~_ . _ ~_. -------~n-------. -.----j-------------- ~ n ~ .~- -.-- ----------~~~~:JD~"Q~~-~ - ------#~/ ~f_-==------------------ - __________n ___________________ .... . ......_.______________._n___.____ __"____________________________________________ --~'\)--~~ &0 b- n~..,.'.",L-.:. 'D\DJ-0--- ...__ w_~_~_~____ -------------.. ---- - -- ---- =~------ -~-------- -- --- - ___ fjjJJl-.1o~Lbe~~-~ _____ ______________________________n_____ - - - fJ --- -----------_________________._ ._...________ ... ..u________.___ __. _______________________ .. ___ . ~+wf - OWJ.WLD ~d -' () ...... ----------.T .-~~-----J---'. ....A--;----.. ..u'. .~--------- . u__..._ I -~-~ P-<-.ll"Jl.Jy!,J.i!kL~_=.12. ~~~.-ZUd__ , . .~ "'------------------------ . It LARuE PLANNING & MANAGEMENT SERVICES, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366' FAX: 239-334-6384 e-mail: larue-planning@att.net Memo To: From: Date: Subject: Board of Adjustment Members James G. LaRue, AICP August 7, 2006 Variance Petition # 06-004- V / Administrative Appeal In May of 2006, the applicant submitted a variance application for: 1. A variance from Section 90.572(3) allowing the applicant to construct a sign 150 feet from the residential district instead of the required 300 feet; 2. A variance from Section 90.568(3) allowing the applicant to have two ground signs instead of the required one ground sign; and 3. A variance to allow the applicant to exceed the maximum allowable height of thirty feet. At that time, Staff recommended for denial of the applicant's request for several reasons (see attached Staff Report). The applicant had applied for and received a permit for a billboard sign but it was not clear whether all of the information had been provided to allow the reviewers knowledge that all code requirements were or were not being met. The facts did show that the applicant had received the permit in May oflast year and was six months into its construction when the permit was revoked. At the May meeting, the Building Official indicated all items were satisfactory except for having two grounds signs on one frontage area. The case is now to be heard as an Administrative Appeal from the Building Official's interpretation as the Applicant disagrees. Section 70-371(a) of the Land Development Code states that the "board of adjustment shall hear and decide an appeal of an administrative decision when it is alleged that there is an error in any order, requirement, decision or determination made by an administrative official in the el?forcement o.fthese regulations. "The applicant's request should now be handled as an administrative appeal to Staff's decision and not a variance request. JGL:lk , . ; ... AGE -6- , . ~ BOARD MEMBER .lD .....: MOVED TO APPROV ENY ,ANCE PETITION NO. 06-005-V TO (fJ ALLOW FRONT SETBACKS FR FEET TO FIVE FEET FOR A ST EL CAR1!ORT TO BE BUILT IN FRONT OF EXISTING GARAGE; SECONDED BY BOARD MEMBER _~~ . VOTE YEA NAY ABSTAIN ABSENT NOT SERVING AS A VOTING MEMBER ____J.EDEEBO___ -...._. .-.-- -- -...-- .---- --..--- ---. .---.-..---...... --.-.-....--- ..-. - HOOVER --SURRGYGHS. KELLER -MAXWELL .-- MCCOY ----------_..~-_.__._..-.----.. ,------'.-- - _____ ____,..._'_n_.__ ______._~____..._______..__.____ u--~OHNS-" .-- - - --.;---- JJJuRAR_I;Z _~ ________.__________ __ ____________________._"_____.____.___________ ___,______._____ _____.____'_____m_______ - ------.-------- O'CONNOFJ.~ r. .V: ^ -.MOTION;. .~_u___.____ ______________. --- -----.----.- ..__.__n --6; .--Petitio!1 06-004-V - Building Official----- ..-.-----.---.-----..---------. - --..- --1. ---SoardlJleri')Der~OVecno remove Petition No.06-004-V for Administrative Appeal to allow S-ign .~~rmit No._482-05-05 to c::ons~located at 1020 West North park Street from the tab~_. seconded by Board Member 2. Vote on motion to remove from the table. ----,-.-....-----. -------._----- .-----.'-...-.---.......---- -.----- _.__.__._------_._._._------_._--"--------._---_._-_..~~-------~_._---_._- ------.. ~ . ..---.tEDFERD HOOVER --- . BURROUGHS - _ KEL.L~_..__n ___u._u.__ MAXWELL .. -.-.MCCO'l.n~ ...._.__.._._.___..____ -... _.._u_.'n__.._..__. ..----.-. ------.~---.-.- JOHNS - ----JURAREl---- -------------- - ----..--,--.-------" ..------.-----------.----~----,,--.--~---~--~---. ~------- O'CONNOR _ \J f) MOTION:--f~:---..~.-.-~.---~----------~.---.- YEA NAY ABSTAIN ABSENT NOT SERVING AS A VOTING MEMBER \ -_._--,_._-----~._--,..._------,._-_._------_._--_.,--.-,..-----.-,.,-----.- :3: --- ConslderanAppear6f an-Administratiye Decision by the Building Official, (ref, LOR's Section 70-371), to issue a ..ceas.eanddeslsLorderJor.aSign Perl11i1.No..A82-05-05. The Appeal was submitted by property owners..lanet and- Rohit Dave. The subject property is located at 1020 West North Park Street. This item was tabled at the June 27, --200~ Building Official .__._nn_~_._m ___m___ .- -. ---------. ...---.----- --..------------ _'_no. .____ ____..__.______~____________..______~..__:;;;;.:;:__---...-..,-------,....--.-------,,---.-.---.------,...-----".------.~---._-------..---~--.-.-----_.----....------- :::rF -Sm~k,,:,,- "~~- ~ _~a~~ _-Wlc U - IhL - -~:J () ~ - .n_-~1J- - - ---.--......-- --.----' --.----.-------...---- 71Q /J!)bi]jr~ . ,-_. --------_._---~...__._-----..'------- ...------ ----- '-- BOARD MEMBER~~OVED TO APPROV~E APP ADMINISTRATOR ~NO. 482-05-05 TO CONTINUE OR CEA BILLBOARD LOCATED AT 1020 WEST NORTH PARK STREET; SECONDED BY ~. q) ~/ VOTE LEDFERD ---~-- HOOVER BIJRROIJGHS-- . ______________ KELLER -MAXWal------ MCCOY J01iNS------- -----------~- JURAREZ ~ ------- .. ---~----_._-----_._----_...._--_._- ---~--_._----_._-_._-_._----- ~g~~~~.R@j)hJu ~. _______ ...... ...... _____________ . __________.. ~------CHAIRPERSON LEDFERD CLOSED THE PUBLIC HEARING-Al'- b : :3 3P.M.--------- Y A NAY ABSTAIN ABSENT NOT SERVING AS A VOTING MEMBER ... Vt--NEWBUSINESS. unA. .. --ConsTcfer anddiScussrequeslsfor a-mendments to the Cit~?sLand Development Regulations~ Chairperson~-n ~=---_.~~~~~9{~u:~ n~ .. · .--- n. .. 1Jdi~. -- - k ~)~~- - ~~ .n ~t:~~A 1~~~ . - -~~t~~~ 'NA0,~(l:~~__~_ - ---~.L'-Y~~ ~_.&)hoc. - c.f-o 614 ~. ---- _.~ +~~4'..':t _ _ ~cZ'lY".,,- ,Q .~.. VJ. P /J C ~ - . ~t-;j-~~6 -~-~o~~~: CHAIRPERSON LEDFERD ADJOURNED THE MEE liNG ATlo.'.'-ss;;,~.----~ -~~- ....nn__ tv.~--.. .. .____~__n.......____._._.n.. ...---. .~~__. ...____._n __..~__._ r'Jot,~ .--.---.___~jn------. ...._n_____......._____...__........... ----- --.. ----------- - - ____..______ _____.__...._____ _____n____ __.~:!Pi.f!i0-L~A)~~~- ---~~lCcrJj)tVc_.d~, _.__...n..____n_~__n__n___ __-Z4-;- t,d ~~/( ~d -:;1'-?-~- ~~t =Gff1W_____n ----- n__Y~.~~ ~oif<: ~ ._ . _....-....... .... . _~' .. o. ~--- -- ..0])- JI)1/!); . L-________. __ ~-d tLu-~.J-? ~4-^.AJ Jr, .~n~1 .=='==um CC.. ~ /J 4thT-, - /'1T~~'2i "";l/~~ lih~ if ....~ ~tt..__~6?~~Jtt--I'-<.. ~* ~ ;;L ~~ ''-1)1" ~..- ~~-< \\~~- 'ft:i ~~?I51f~ - :rt>~" ~}--cU~: 1/15 '11of~~CjC~ ;fb lee CO -~Sc, ~&J-. % o~ ~.~..~. ~0~Jv~~lJ1u-~ . .~~~ ~ ~~ L~~' S-T.L ~ .- r1[{f.y~- " J1) Kw~~ .~~< Rt'J fL/~Tz~. u '0u.c4~~h; ~. &J.~1r ~ 3D iJ-~ u. ~ ~.. . ~. (;)Lkui/ . ytJ~ _~. .~ i .. . 7:;:~~ ~ 'r-h-~r~:- ~~"/?~-7"~~' V~~~7- D{;u.{.~- , Jl> ~~k chJ~f-~ 3iltvJ <~~ () I,V U"~ \) v o (~- S ~ (~~lult~ J])-~~~ '.' ~ ~ '+ kJv. ~.10/~~ . . . e e~ k'~jr~~~ F4..c~lA--:-8~ , 0'4 ~~ ~,-' -l cub:::;"fT \\b ~~ Mfu~' r"0J~ oJ,' ~ ,~~ ~~1A>~ ctft~Lt+' '"'~ l~~'\ O\!;tu,j\.- e-Lb~ cto ~ . ~~.,,~ :;l~~ ~~;l:~. .~\T I , , ' :: '\,\u,,0-\ ,~ Lzf.c~~~ _ lCb>1L ~~~ <-1,.f~+ ~ ~,-ci. iJ"'- f ~JL~ ~'-&~" M{x~ ~ f~ ~, ~ ok:. '--.,/ CITY OF OKEECHOBEE PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS MEETING AUGUST 17, 2006 OFFICIAL AGENDA I. PAGE 1 OF 3 II. . .1. CALL TO ORDER: Planning BoardIBoard of Adjustment and Appeals, August 17, 2006, 6:00 - Chairperson. CHAIRPERSON, BOARD MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson William Ledferd Vice-Chairperson Dawn Hoover Board Member Terry Burroughs Board Member Kenneth Keller Board Member Devin Maxwell Board Member Douglas McCoy Board Member Carol Johns Alternate Epifanio Juarez Alternate Mike O'Connor Attorney John R. Cook City Planner Jim LaRue General Services Secretary Betty Clement MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Planning BoardIBoard of Adjustment and Appeals Action for the July 20, 2006 regular meeting. IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. AUGUST 17,2006 - PB/BOA AGENDA - PAGE 2 OF 3 V. OPEN PUBLIC HEARING - Chairperson. A. Rezoning Petition No. 06-005-R - City Planning Consultant. 1. Motion to remove from the table. 2. Vote on motion to remove from the table. 3. Consider a recommendation to the City Council for Petition No. 06-005-R submitted by Craig M. Hackl on behalf of property owner H20 Holdings, LLC, to rezone two unplatted, vacant 15.05 acres parcels located North of East North Park Street from Heavy Commercial and Residential Mobile Home to Heavy Commercial. A second public hearing will be held before the City Council pending Large Scale Comprehensive Plan Map Amendment Application 06-Cl-OOl at a date to be determined, in the Council Chambers. QUASI-JUDICIAL A. Consider Special Exception Petition No. 06-008-SE: To allow the placement and set-up of a mobile home that was manufactured more than five years prior to the date of this application. Tom Forbes is the applicant on behalf of the property owners, Isaac and Cinderella Kelbie. The subject property is located at 1307 South Parrott A venue Lot 50 within a Residential Mobile Home Zoning District (Ref. LDR' s Sec. 90-49(8) b.3. _ Building Official B. Consider Special Exception Petition No. 06-009-SE: To allow the placement and set-up of a mobile home that was manufactured more than five years prior to the date of this application. Tom Forbes is the applicant on behalf of the property owners, Isaac and Cinderella Kelbie. The subject property is located at 1307 South Parrott Avenue Lot 49 within a Residential Mobile Home Zoning District (Ref. LDR's Sec. 90-49(8) b.3. _ Building Official C. Consider Petition No 06-005- V: Frances Biafore-Gailfoil is the applicant and property owner. The subject property is located at 1410 Southeast 8th Drive. The purpose for the request is to allow a variance of the front set backs from 25 feet to 5 feet for a steel carport in front of existing garage. (Ref. LDR's Sec. 90-105 (b)(2)). - City Planning Consultant QUASI-JUDICIAL CONTINUED. AUGUST 17,2006 - PB/BOA AGENDA - PAGE 3 OF 3 D. Petition 06-004- V - Building Official 1. Motion to remove from the table. 2. Vote on motion to remove from the table. 3. Consider an Appeal of an Administrative Decision by the Building Official, (ref. LDR's Section 70-371), to issue a cease and desist order for a Sign Permit No. 482-05-05. The Appeal was submitted by property owners Janet and Rohit Dave. The subject property is located at 1020 West North Park Street. This item was tabled at the June 27,2006 meeting. _ Building Official . CLOSE PUBLIC HEARING - Chairperson. VI. NEW BUSINESS. A. Consider and discuss requests for amendments to the City's Land Development Regulations _ Chairperson. VII. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that all interested parties and citizens shall have the opportunity to be heard at these public hearings. Any person deciding to appeal any decision made by the Planning Board/Board of Adjustment and Appeals with respect to any matter considered at this meeting or hearing will need to ensure a verbatim record of the proceeding is made and that the record includes the testimony and evidence upon which the appeal will be based. General Services tapes are for the sole purpose of backup for official records of the Department . ; ..c.'''-'J ,b City ofOkecchobee GcncnI Services .oCpllrtment 55 S.E. 3,,1 Avenue, Room 10:1 Ijo.kcCChlJlJCC, Florida 34974-2903 ;' Pbone; (863) 763-3372. ext. 218 ~! Fa...,,; J863 763-.1686 NQ{jl'~. Mail~d; Uniform Land Use Application R S . . IE V . DA'~; fee ,'aid; ! $I' Hearing: _ P\:hliCl!tioll Dales: ., czone · -.;ipeCla I :lCf:ptJQn . anance ~ ~1 "..n. of -ny o-n.), \-\ 20 L- 0\ ~4 S. L-l-C- I 1 !f~i OWller m:tiling adc!ress: Po fOcH 3 2053, ~~ ~A.~c. ~OE.~, H... ~:.?>'\2o I r N&r!I~ of applicam(s) if oI.bcrthan owner (sta:e relation~hip): C. G2. t:>\cA W,,- ~ o(::"'i?-L-, V'Q. ES \ O€-t-1-r L I App/ici.ntmaijing addre!ls: Po 5o~ 32.0"53, PC>.t....i'V' ~~ y~~oer-\s I H.... ~34'Zo 1 I c Nam.. of contact person (~relationship): c:.~\l:.1 'M.. ~~G-i!-L I ~e.fis. oF- U~OLOI 144 S A I to: '5 b \ - 14 '1-2296" Fax; Sloi -1qb-~G.:>2-S" I IT'. Contact pe;rson daYtime pht'ne(s): IIv ,I.' , II Describe improvement 'I 00 propel1y~~~ntl!lmber;!ype of dwellings and whether occupied lir""oc;. Stj ~ta'e): 11 : APilroxnnare number or lIcres: \ '0."'0 ~ Is pl'<)perty in a planed subdivision'? U 0 II I Ir~ II Ts thc:-e a CUlTent or recent use orthc pro~ lh."lt is/was 11 IfluhtliOll of county ordincl1lce? If~. describe: I 0 i Ha.. <h.~ bOt. aay I,od "'" .ppll~",o,. """""'n8 "" n, po. of d,', pm",,",' in ,h"~, '''''' Jf '0, i,d''',I< >lar<, il I" I ca"" ~d '~pli",",', n.mn oJ. 0 I I.III~. ._ '/, ~ a ~Ic subject to thi:; &ppficnrion being g~nted7 \.l 0 . I · 1s the !lubj~~t parcel yuur total hol;fings ar rbat location'! if not, describe the remaining or intended US~~ i '1 '(~S Ii D=ribc ,djoi.i.. land -, imp""'......... '''''North: ~ E. S \ 010, ~'I\ />.'-- (. \,f "'''- N->, ) I Ii .: Sou:.": Co N\.;'/\€"(2-c.. \ ~L En~ c.OI'AN"-~ 1;2-c:.. \ A L- \VCSl~ CCf'l\.1 \2~ So I Existing T.oning: f~" Gc~ ~~E.~(2.. ~ (1.E5 Future Land U~ c1a~<;ificfltion: 4~~ E(LG tP-c f ActiOIlS Requested: W Re7.onc L..J Special Exception LJ Varil1l"oCC Parcclldenti1iOltion Number: 2 - \5 - 3.- ~5' - 0 Po 0 - 0000'1 .- 0000 Pr(lperlY addreSll1 directions to p~perty: t!. SI.OE o? S(2.. 10 ( "'c...~ ~ ~'4V' POS'\' 0 f-~ t c.tS TnJicate currcrl use ofpropcrty: \j P>Gi> t-l '\ 11 I -1 I tJ. .... . C..Ormati....nnr...,,"tio'; A..;",a" 11 Ii ! hereby certify that the informaticm In thh applicaricm i:> correct. The information included in this appJication is for USe by If (he City ofOkeechoocc 'n processing my request. False or misleading information mllybe punishable by a line of up 10 j S500.00 lll1d ilnpri5Ot1 .:nt of'up t 30 d&)'S nnd may result inthe summary denial ofth~ applic.1tion. i 4~\", W\. ~k\L.<.- 2- \2.\ \Ob 1___ Pri....t~d Name Date Unifc,m. btnd Use Application (rc:v. IfQ3) Page I of 2 Cun-eot T.oning elussificatioll: R~quested ;wnlngclassificatioll : I ~. . What is your desired pennated U$C undet me proposed class;fieatlOJl: ..R' E Cot-AtJ\ €-\2.c...l A.l- I z'l I ' I 0 N If GJUOred, will the neW zone be contiguous with a like zone? .'( €- S ot-l ~P.S\ t\: 'SOVT~ I E. I . . Is a. Special E.,<ception necessary for your intt:nded m<e? No V!l(i.mcc7 tJD . . D~ribe the Specl<11 Exception sought: , l- S ~-p... P ,E .~. Provide specific LDR ordinance citation: .J -A.. \-l. ~. L' 1. Arc there other similar uses in the area? Is so, dCS(;ribe: \ :E ~. l . X', ~. C, 1<: Why wou Jd gnsnting your request be in the be:>t interest of the area and residents? , p " IT N.-~. d i 0 Ilfb~'""". bri.fly _ribc molure ;ndndin. n_ Qr em,l.y= boo". n.ise sen"""on aad >ct;viti" to Oe : N L conducted outside ora building: IUL ~.~. ~ Ii Describe Variance sought: ~ ~ V ~-~. A. I R.' Describe physical charaClctistic of property that makes vntillnce necCSSllt)': IT . A:. ~.~. ~ 'N . C. Did y:>u cause 'or contribute lO the charncterislic?Ts so, descnbc: ! , 'K. ~.~. . . " . . .' \\1tat is the minimum variomc:e ncc~lI3f'Y? , \-\. ~. Page 2 of 2 Uniform Land Use Application trey. 1,'03) . e February 22, 2006 The City of Okeechobee Board of Adjustments, Land Planning Agency & Planning Board City Hall 55 S.E .Third Avenue Okeechobee, FL Re: Zoning Change Request Tax ID 2-15-37-35-0AOO-00007-0000 2-15-37-35-0AOO-00008-0000 Dear Zoning Board Members: Attached herewith are the necessary documents in support of our request for a zoning change for a portion of the property described in this submittal. The subject of this request is a 21.14 acre parcel fronting on the north side of State Route 70, east of State Route 441 in Okeechobee City, Florida. That portion of the subject site fronting on State Route 70 is currently zoned "Commercia]" whereas the rear portion of the same site is zoned "future residential". Current interest in new housing development in Okeechobee suggests significant increases in population in the near future. In turn, the need for commercial space and the jobs it brings rises in response to hous- ing growth. The advantages that commercial zoning development brings to Okeechobee City in the form of sales taxes, an enhanced real estate tax base and increased level of employment is self evident. State Route 441 presently has the largest commercially developed properties within the city. State Route 70, immediately west of State Route 441 and now to the east of 441 constitutes the other principal commercially zoned district serving the community. Future development along State Route 70 eastward to Fort Pierce and southeast along State Route 710 (Bee Line Highway) will attract significant traffic and commercial potential to the benefit of Okeechobee, both City and County. This concept is already supported by every inquiry we have had on the subject property to date in which interest in the property has been to zone the site "Commercial" in its entirety. As indicated herein, the subject site is surrounded by commercially zoned property to the East and South. Small trailer parks exist immediately West and across State Route 70 to the Southwest. A drainage swale and overhead power lines separate the subject site from undeveloped residentially zoned property to the North accessible only via SE 13th Avenue or perhaps off of State Route 441 North of State Route 70. We respectfully request the subject property be changed to "all commercial" zoning from its current zoning which is part commercial, part residential for the following reaso~: 1. "Highest and best uses" of the subject site zoning is "Commercial" in that this zoning will benefit the city most through sales taxes, higher real estate property taxes and increased employment. 2. State Route 70 at the subject property's location could hardly be considered a suitable roadway from a residential perspective. Despite the fact that a four way intersection can be developed midway across the subject site frontage, there is no other access to the currently zoned "Residential" portion of this prop- erty. This means that access to the residential portion would only be available from a highly trafficked roadway (State Route 70) through property that is currently zoned "Commercial" - a circumstance which is neither safe nor attractive to residential development. 3. All inquirers to date concerning the subject property have expressed the desire to have the entire site zoned "Commercial". Furthermore, these interested parties wish to co-develop the subject site with the adjoining 18 acres to the East (currently zoned commercial), to create a "destination" spot for the city. Although premature, early talks reveal a mixed-use plan of retail (both large and small) and office space. This would not only create a "destination" spot for family and friends, but it could also generate numer- ous jobs for local citizens. 4. As Okeechobee City and County continue to grow, the State Route 70 corridor, particularly extending east from State Route 441, will be better served by a site of the size, shape and character of the subject property to be commercially zoned. This property, along with the adjoining 18 acres, has the potential not only to becoming a "destination" spot, but it WlLL be the first thing travelers from the East will see when they cross into city limits. 5. Currently zoned trailer parks along State Route 70 should be phased out over time as they no longer meet the "highest and best use" test and in fact are fast becoming a liability to the community in terms of real estate tax contribution, requirements for City services, stability and appearance. We would be pleased to respond to any questions that our proposal raises, but hopefully circumstances cited in support of our request for the zoning changes requested are both self evident and self explanatory. Respectfully submitted, ~M-U Craig M. Hackl President H20 Holdings LLC .e::i-;..!'~ . I.. '__1111 . LE NUM 200400466: OR BK 00525 PG 199~ SHARON ROOERfSOH, CLERK OF CIRCUIT C uKEECHOP~E COUNTY, FL RECORDEU 03/15/2004- 12:51.:27 PI"! RECORDIHG FEES 10.50 uEED DOC 3r35D.00 RECORDED BY G Mewbourn Prt<Pared by and return to: Leonard Rutland, Jr., Esquire 759 Sonth Federal Highway Suite 303 Stuart, FL 34994 File Number: 10837.24 rSpace Above This Line For Recording Data 1 Warranty Deed This Warranty Deed made this 10th day of March, 2004 between Harbour Bay Properties, Inc., a Florida oo'1"'ration, wh"", po" office add<", " </. Theodore G. GJasrud, 3634 SE Fairway W' FL 34997, grnnto,-, and H20ldings, LLC, a Delaware limited liability company whose post office address is c/o D6mtld lla(;M, 18663 'Fid.... Ate. Cn de, .Jupiter, FL 334 tee: L.AAI<e t-\t\<:'l-<-L , P.O. 6c~ 3J-C53 l {JA\..M. Gf-Ac....."" ~A/LbWf, FI..... 334-.10 (Whenever used herein the terms. "grantor" and "grantee" include all. the parties to this instrument and the heirs, legal representatives, and assigns of~_ individuals, and the successors and assigns of corporations, trusts and trustees) //__ Witnesseth, that said grantor, for and in consideration of the sum ofTEN AND NO/lOO DOLLARS ($10_00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Oke<<hobee County, Florida to-wit: ~--" SEE ATTACHED EXHIBIT "A" Subject to taxes for 2004 and subsequent years; covenants, conditions, restrictions, easements, reservations and limitations of record, if any. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons' whomsoever; and that said land is free of all encumbrances,. except taxes accruing subsequent to December 31, 2003. In Witness ''''hereof, grantor hashereunto set grantor's band aiid seal the day and year firstahove written. Signed, sealed and delivered in our presence: nt -:JI.,. (Corporate Seal) State of Florida County of Martin The foregoing instrument was acknowledged before me this 10th day of March, 2004 by Theodore G. Glasrud, President of u...._'Lo..............n__.n-__~__ T__ -_1'__'I__1r_~..:r:_.. .a....... r~. ~... .. ____ . ,. . OR BY-. 00525 PG 2000 Fund File No.: 57-04-61 Exhibit A Parcell: - . The West Y:1 of the Southwest.Y4 of the Southca$t !4 of Sa.'tion 15, Township 37 Sout~ Rang.e 35 ~ Okeechobee County, Flarid~ lyjng North of the NOM right-of-way lineaf State Road No. 70; Except tb,e North 50 feet ofth~ weSt ~ ofthe West Ih of the Southwest ~ of the Southeast~ for road purposes; also Except the following described prop~rty conveyed to the StateofF1orida~ A parcel ofland in the West.~ of the Southwest ~ of the Southeast ~ of Section 15. ToWnship 37 So~ Range 35 East. Being more particuIaCly described as follows: Commence at the South % comer of said Section 15; thence.rim Northerly on the ~ section line a distanCe of36.95 feet to theceptcrline of State Road 70;-th~ce.North 800. 54' 49" Eas~ ()n said centerline a distance of347.1 0 feet; then(".e Northerly at 900. to said c~terline : a distanCe of 40 feet to tIic Point of Beginning; thence continue Northerly a distance' of 11 feet; thence Easterly at 900 . a distance Qf20 feer. thence Southerly at 900 a distance of 17' j feet thence Westerly at 900 a distance of20 feet tp the Point of Beginning. I Parcelld. NuDiber: R2;..15-37-::}Q-OAOO-:{)0007-0000 I Parcel 2: Beginning at Ihe Southwcstcomer of the East Y:r of Ihe Southwest I/. of the Southeast V. ofSectior. IS, Township 31 South. Range 35 Ell5t and run North along the West boundary a di~bmce of 594 feet: then run .Eastll distance of 186.3 feet; then ruR South a distance of S94 feet to the South Boundary ofSectlQiJ 15;thcn run West a distaaccof . 186.3 feet to the POINT OF BEGINNING. LeSs and Except the righl-of-way for Stile ROad 70. - .. , Parcel Id..NumbeT: R2_15_37-35-0AOO-QOOO8-0000 I I -:;"'~;----. ~.~-.;..;.- ----.,. . ~. r" .J!_ ~ i' \ ~ -r ,- . I: 6 '-'C. I' , ., r.j . ~~ ~.; '. If! ':::J 7 ;"--, ~ ""')' ; ~, 1 ~ "- ; ::'t/~. ~ ~ r ,'. 1:- -;--q t;J ; U>___ ,_ -.1 . ". ~ I. r '" ( ~, i Ci ..~"'.,,~),,! .~ !> J .I ".! I . l~+fr-:~'::'J~-i ':)~ -1 I ':!~. . a ~ ".1 I - ~. .s/..:/ I.C'II.L! . "--~_w. - ~ ~J, F. <. ~ '.1'II.1r..,.!>>:~.. (I) 'tr"IIM '" L----~ I I I . I \71 i l.): ~c :t... L m f~ ~OAO 70 r- 0' E) ~ ,.., , ., 'r L + I / I LI-j / j. 1/1 ~~// -2......../. / J I ;'1 ,~ ;;. ~ ~ <!: ,r -- @ ~ ..@. ~- J""'''''~ U""i v...' - .w~~';U~ .L . " G: f r~1 A( - ~. ') '~' i-ill.. ~ t;.r ~ 02/20/2605 12:05 8137E>34745 OkEECHOBEE COUi'IT'/ pr~ ''\ -\ \ t. : \ ~ I I ,'~ "~16 .:::; i5 :>: v, ~ ~ is ~ 0. -= w l:L N. E, j 0", ~' '~ (g) j,l".~ l AC PAGE 03/8::: (, i111\J1. ~m~m 5. ~~ - ... -. . * Okeechobee, FL US AI/ riohts reserved. Use Subiect to Ucense/CODvright This map is informational only. No representation is made or warranty given as to its content. User assumes aI/risk of use. MapQuest and its suppliers assume no responsibility for any loss or delay resulting from such use. Si-4\"e of fbrrdA- Cl1-Y {~M Y\'\~F . http://www.mapquest.COmlmaps/map.adp?Searchtype=address&country=US&addtohistory ... 2/21/2006 ~ - .. .. All rights reserved. Use Subiect to Ucense/CoDvriaht This map is Informational only. No representation Is made or warranty given as to its content. User assumes all risk of use. MapQuest and its suppliers assume no responsibility for any loss or delay resulting from such use. ~ http://www.mapquest.comlmapslmap.adp?searchtype=address&country=US&addtohistory ... 2/21/2006 "~ .. .. . * Okeechobee, FL US All riahts reserved. Use Sub1ect to Ucense/Cooyright This map is informational only. No representation is made or warranty given as to its content. User assumes all risk of use. MapQuest and its suppliers assume no responsibility for any loss or delay resulting from such use. Stlbjec\ ~fc {~udl~ ~f' http://www.mapquest.COmlmaps/map.adp?searchtype=address&country=US&addtohistory '" 2/21/2006 ~ ~ .., "f' '.. Ii. ill' . ,n. ....:.. . ". ..r.... >.: ::-:. :.> f';;' ': ';'/' :'.:' .. . . ~ ,~ '. ' ;.:. ....;.,~::... . .'... . . :.,::.: '.~: ::.' ::". I.~~ ,'. ~. , ./.d.' .... '..I" '-'.~ '" , ~ ,,'..,.. ..'.... .,,", ~:':' .:"..;.': ~;:.;..< '.\~,,:.':"" :.'~" :::::',':. \;'.'. :l:~":~I';~~: .':" ; J ., " '::. .... . . Q' :'. g . .' ~: .' 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" "" ,,' : ," ~ ~ 19 ....~ .::..... . ~.:~~..~ ':' ~..i . -I!h rssll ~f J Iii! ~i! ! i :J- . :'. ">'.' :'l/~f::l :~! :l:'d1lrlfr i .' "::.:;~f"~~':'idr: .u.. ,...:..>,~b~~I.-:!r.~~:R >.th,r~ .. . .,:. .... j'8." ~.l i' blr :: f : ,'" -;!i:lf;'f~ii:!~II!~ ..' '.tfi!}.:t:rd,ti'uri!':.! ".':'.1:.~ ~il:,'J!tl,::f",fl~I...!I';!! ,':'0' . ;. :.:<~:<: + I,'" . ..:.....:..,.. t, .... t . '. ~ ~ z . u. '. ,';xu :: Hi. ",. ~ ~ ~ llil! 1 '.' I ~. .'::, . w .' ~; .~.:. ,. " '. ;""f'" .'. , '. . " 1- :' ~-: ..l . ,.It, I~'~i .b.., .' h~_ . ",' '.: . . :" '. :~. : . 1375 laC! Street, Suite 206 Fort My lorida 33901-2845 Phone: 23 -334-3366 Fax: 239-334-6384 Email: larue-planningcmatt.net LaRue Planning & Management Services, Inc. Revised Staff Report Rezoning Request Applicant: Owner: From: Petition No. Craig Hackl, President H20 Holdings, LLC Residential Mobile Home (RMH) and Holding to Heavy Commercial (CHV) 06-005-R Staff Report Rezoning Request Applicant: l.raig Hackl/H20 Holdings LLC Petition No. 06-005-R General Information Agent: Craig M. Hackl, President Phone Number: 561-747-2295 Owner of Record: H20 Holdings, LLC Property Control Number 2-15-37 -35-0AOO-00008-0000 and 2-15-37 -35-0AOO-00007 -0000 Zoning District RMH & H CHV Density 4 du/ac NA Legal Description: P~rcel A: A parcel of land lying in Section 15, Township 37 South, Range 35 East, Okeechobee County, Florida, and being more particularly described as follows: COMMENCE at the Southeast comer of said Section 15; thence along the South line of said Section 15, S.89002'40"W., 486.26 feet to a point on the South line of Section 15; thence N.00057'20''W., 63.49 feet; thence N.00oI6'59"W., 250.90 feet; thence S.89054'49"W., 186.29 feet to the POINT OF BEGINNING; thence continue along said line S.89054'49"W., 674.15 feet; thence N.00oI3'56"W., 943.80 feet; thence N.89010'00"E., 336.67 feet; thence N.00015'28''W., 49.99 feet; thence N.89009'59"W., 336.64 feet; thence S.00016'59''E., 1002.57 feet to the POINT OF BEGINNING. Said parcel contains 15.05 acres, more or less. Parcel B: A parcel of land lying in Section 15, Township 37 South, Range 35 East, Okeechobee County, Florida, and being more particularly described as follows: COMMENCE at the Southeast comer of said Section 15; thence along the South line of said Section 15, S.89002'40"W., 486.26 feet to a point on the South line of Section 15; thence N.00057'20''W., 63.49 feet; thence N.00016'59''W., 250.90 feet to the POINT OF BEGINNING; thence S.89054'49"W., 186.29 feet; thence N.00013'56''W., 276.78 feet; thence N.89002'40"E., 186.30 feet; thence S.Ooo16'59"E., 279.61 feet to the POINT OF BEGINNING. Said parcel contains 1.19 acres, more or less. 1 .... Staff Report Rezoning Request . Applicant: .g Hackl/H20 Holdings LLC Petition No. 06-005-R Request: The owner/applicant requests a rezoning for the subject property from Residential Mobile Home (RMH) and Holding (H) to Heavy Commercial (CHV) in order to develop a commercial/retail center with a variety of uses. North: Zoning District: RMH East: FLUM Classification: Commercial Existing Land Use: FLUM Classification:. Zoning District: Commercial Commercial West: Single Family RMHahdRSF...1 Residential FLUM Classification: Zoning Disfrict: Existing Land Use: Summary: The entire site is currently vacant and undeveloped and within the RMH, Holding, and CHV Zoning Districts. The applicant is proposing retail and office commercial uses for the property. Given the property's proximity to SR 70, in addition to the existing land uses of the abutting properties, the proposed commercial development would be consistent with the current surrounding land uses. Analysis 1. The proposed use and Zoning are not contrary to Comprehensive Plan requirements. The Heavy Commercial Zoning District would be a consistent zoning if the applicant's request for the Commercial Future Land Use category is granted. The applicant has applied for a Large Scale Future Land Use Amendment and staff did recommend for approval of that request as the proposed use and zoning are not contrary to the Comprehensive Plan requirements. 2 Staff Report Rezoning Request Applicant: \"raig Hackl/H20 Holdings LLC Petition No. 06-005-R 2. The proposed use being applied for is specifically authorized under the Zoning District in the Land Development Regulations. Several types of commercial uses are allowed and authorized under the Heavy Commercial Zoning District. Section 90-282(1) and (2) describes professional office, business office, medical office and retail service, retail store including outdoor display of merchandise as permitted uses in this District. The applicant has stated the retail and office uses will be a part of the development. 3. The proposed use and Zoning will not have an adverse effect on the public interest. The public interest will not be negatively affected by this Zoning it has been determined that the impacts are not too intensive for the surrounding area. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. Surrounding uses that are commercial in nature show compatibility with uses allowed under this CHV Zoning District. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. The proposed use and Zoning if approved would not be a deterrent to the improvement or development of adjacent properties if it is properly planned. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. If necessary, site plan requirements can help to reduce any impacts upon the neighborhood. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The applicant has submitted information which discusses the anticipated flow of water and sewer for the development. The OUA has stated that there is sufficient capacity to serve the proposed development. A traffic analysis determined that the traffic impact of the proposed commercial development would not negatively impact the surrounding roadway network. " -' Staff Report Rezoning Request . Applicant: .g Hackl/H20 Holdings LLC Petition No. 06-005-R 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The proposed development is required to meet all conditions and standards required by the City of Okeechobee and the Florida Administrative Code for drainage. This can be done at the site plan review phase of development. As stated above, traffic impacts will be able to be accommodated during the site plan process. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No, the proposed use has not been inordinately burdened. 10. The proposed change will not constitute a grant of special privilege to an individufJ! Owner as contrasted with the public welfare. The proposed change, if granted, will not constitute a grant of spe~:lal privilege, but the Future Land Use Designation must be granted prior to '~ne rezoning. Certification Based on the above analysis, Heavy Comme> .cial Zoning is consistent with the Comprehensive Plan and data and analysis shows that a cC";nmercia} center is appropriate in the neighborhood. Recommendation Staff recommends approval oftb.; request to allow rezon';ng from Residential Mobile Home (RMH) and Holding (H) to Heavy Commercial (CBV) per:nitting the applicant to develop Commercial uses at this location. Submitted ~y: J7unes G. LaRue, AlCP Planning Consultant August 2006 4 City of Okeechobee General Services Department SS S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 ---------...-... Date: Petition No. ,..,{ {Ji70. ~ C' , 'in~' 'Vr. - ;;.:r' V'.V . .,1 "'~ fl.,,,,,., Hi ~/n Jurisdiction: 1st Hearing: g- 2nd Hearing: , . '?f .{ i Ij !, q. ; '.' '" ; , 01' "j r> I (,11 Uv Publication Dates: Notices Mailed: v A P P L J C A N T Owner mailing address: 130'1$. . Name of applicant(s) if other than owner (state relationship): Applicant mailing address: t.1 fA Name of contact person (state relationship): lA) ~~-err \2).~LAN b Contact person daytime phone(s): '8 C:J\ - 1350 Fax: V Property address / directions to property:, 301 ~~ ~.f5 Indicate current use of property: ~u:;- ~ WT ~ SC:> ) Describe improvements on property, including number/type of dwellings and whether occupied (ifnone, so state): 'JALPNT" LOr IN ~t~TlNb- N.'\4P Approximate number of acres: if' \'3 Is property in a planed subdivision? No P R o P E R T y. Is Ihere a CUfTenr or recent Lise of Ihe propeny Ihal Is/was a violallon of county ordinance? If so, descnbe 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: 6 Is a sale subject to this application being granted? N~ Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: '1r63 Describe adjoining land uses / improvements to the North: South: East~ lae.C'e~ ~~ F-j:West: c:.t-\-\I Future Land Use c1assi:fication:St'{)~Lt:.. ('1/) Special Exception"*, L.-J Variance Existing zoning: Actions Requested: ~ Rezone Parcel Identification Number: t.-2.Z.-2'?-3~oAeO ~3S-- ~ v , Confirmati~n ofInfoi-mation Accuracy 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. ~~ent of up to 30 day' ""d may TO",lt io the ,ummary denial of !hi, apPlication.. . ~~ (\.\-o~~~ S-/2..lo/0b Si!!Jlature Printed Name Date ~ ~~H,,jtxno,;,J <.J\= Su \\A.~\ Cl..<'T\...\ ~ t:>vJELuN& Uniform Land Use Application (rev. 1/03) FO'e... -e~/.,J e Page J of 2 Current zoning classification: Requested zoning classification: R What is your desired permitted use under the proposed classification: E Z o N If granted, will the new zone be E Variance? Is a Special Exception necessary for your intended use? - Describe the Special, Exception sought: AuoU-) ~ ~~~ ~ ':.e\'- u ~ ~ S ,... \J.OB\\....b" ~~g- ~\ wA--~ \J.AN...:l~~ ~~~.6--"'" 5 p "I~~"'5 ~lC"t"='-- JC9 ~ ~ oF- "T1.\.~ Af>pL...~N E C Provide specific LDR ordinance citation: ~c. 90- \Co<1 (<6) b.. 3 I A L Are there other similar uses in the area? Is so, describe: E 'liE!.'S --:)~~ X C E Why would granting your request be in the best interest of the area and residents? p U=u-L:1i> FlLL ~ ~ Le:x"S ~\:. ~~ \.~ 2..... -\-TC0S-\ NL::> U tSV\S T I I If bUSiness briefly describe nillure lrIi ludrng number of employees, hours, noise "enerallon and aCTIVITies \0 be 0 Ii , conducTed oUISlde of a builclm" ~IA- N Describe Variance sought: V A R Describe physical characteristic of pr p I A N C Did you cause or contribute to the characteristic? E What is the minimum variance necessary? Uniform Land Use Application (rev. 1/03) Page 2 of 2 . . --g (lJEf!.5FND H0'J3H._t w/v16 PA1C(: J307 .3, PAReOn- AVtNUb wr~ I ":::. dO I "PI'? rV A'TE '?A R~ r<OAb ct>/ " I / ~5eD /1' X,,~I 1106102 fJoNt: I <0 ~ (--0 I Ii~ I or L {' (L , \. ,I -..! /, 01 . . ~ "Pf?rv~"'t:: 'PA'R.lC '7~OAD I II/- " lJo 00 fT') '0 l-- J ----- 1: ~ ~ =;'\) cJ ~ ?, f' /p(p' tv" ? {/ 0 #:00 g ~ & . Pe.No. City of Okeechobee Department of General Services . 55 SE 3rd Street Okeechobee, -FL 34974, Pre-MOVe-9D Inspection Report fOl" USed Mobile Homes (All request forpennits to place or replace ns~MobilelManufactnred homes must be accompanied by thismmpletP.d PR>-m~""""hmn) Owper: waYne Rm.'l:md Date: 12-02-05 ~ortype.) Address: Taylor Creek Lodqe 2.730 Hwv 441 SE .I 4:>+ 5cJ RiVV/.,lx... JJ (PbJ'sical location of home) YearandManufactnrer. 1981 Fami WmdZeDe II ..~~ HOD Plate # MobilelMai1u;factnred Home Serial # FH4725 Width: . 1'-1 ' Length.. 66 I Single 1L- Bouble_ -C = In Compliance N = Not in Compliance Fire S:Ue.tyJRlt>rfJjcal ~ L Smoke Detector: InstalIed X Missing ~ 2.. Electrical System Checked: ExposedlNon-insuIated WlIing__ Imp.LUperType of Wiring _ -Others ~ 3. Distnoutipn Panel: Missing.:-:J:..oose _Main Missing_ Breaker Missing ---=. Unplugged Opening__ Other _ . -L 4_ Electrical FlAtun:s: MiSsing _ Installed Improperly ~ .J~WWired_ I~W.lle_ GFCI receptacles notwhere.reEpJired_ Missing Cover P1ates_ ~ 5. Electrical Ground: Chassis _Main Panel ~ Gas Pipe_ Construction ~ L Exit do~ opernhle..Front . '..Back: .other ~ 2. Exit door Locks: Missing inoperable ~ 3~ Egress wlnOOWS: :Missing ~ 4. Windows: Broken Glass inoperable inoperable ~ 5. Screen: Missing: _Damaged._ c 6. Floor System: Joist Decking Area Damaged ~ 7. InteriorPctucliug:. ~llg_Loose_Damaged_ ~ 8. Rodent Proofing: Bottom Board _ Pipe openings _ Other ~ 9. Leaks Awarent:Ceiling _Doors ~ _R-oof_ N/A 10. Vertical-p.e down straps: Missing _ Short _ Damaged_ 11. Structmal modifications since manufactmed:. YES _ NO ~ ~ 12. Walls: .Strocturallyunsound_Loose_ Weathertight_ c B. Trailer frame is free of.gtrncturaldefects: Yes ~ NO_ Plumbing ~ 1. Trap: Missing_Net COI,J:Deeted _ Other_ ~.2. Plumbing fixtures: Missing_ Nm.mstaned _Not V-ented_ ~'3. Relief Valve: Missing _ Inoperable _ Other_ c 4. D1ain W.aste.andVentmg Piping: Missing _ Not supported - - . Clean outs _ Use of fittings _Not capped_ c 5. Water Heater: No presSure re1iefto exterior _1\1Jissing - - Inoperable _ No drain pan with drain to exterior _ .' . Heating and Air Conditioning ~ 1. Heating Appliances: Missing Not Connected Others ~ 2. Deleted Heating.lAC system: Not installed Other ~ 3. Thermostat: MiR.~jng Inope:rabIe ~ 4. Air registers: Missing Inoperable ~ 5. ,Ducts: Not sealed Deteriomted Missing Collapsed ~ N/A 6_ -Gas furnace Water-heater vent: Missing Loose N/A 7. Retmn Air: Tofumace ToNC From rooms ~ 8. Range: Vent Hood N/A 9. Gas Valve: Gas Valve: Accessible Installed ITnpri>perly .&A..I0. Gas l:i)les: Not capped _ Not supported ____ Kinked_ Not bonded Summary 1. Is subject structure found to be fifty (50%) or more damaged or deteriorated? YES~NO~ 2. Will ammodelingpennit be required? YES _NO ~ DateInspected: 12/02/05 . Inspected By: Mark McCree Phone Number: 863-467-2690 SEAL Florida Registration =If AR00l4248 This document mpst be completed by a registered Florida Professional Engineer. r Architect and submitted with the applfuatien TOT a building pemrit. .- . . . . v .:)c<:u \;;lll\.C;:SW L::i l"age 1 or L Okeechobee County Property Appraiser Last Updated: 10/3/2005 Parcel ID: 2-22-37-35-0AOO-00035-0000 2005 Proposed Values r.~~ ~~~l i~1t.~fj .".,..~~1$~l)~~1 ~~r.L.I{t~~.~ ,~>~:>!~i:~. Owner &. Property Info Search Result 1 of 1 ~ner"s Name KELBIE ISAAC &. CINDERaLA TRUS Site Address 1307 S PARROTI AVE, Okeechobee Mailing 1307 S PARROTT AVE LOT #82 Address OKEECHOBEE,FL349745298 UNPLATTED LANDS OF THE crrv S 1/2 OF SW Brief Legal 1/4 OF SW 1/4 W OF CREEK lESS N 113 FT THEREOF Use Desc. (code) PARK/LT,MH (002800) Neighborhood 286010.00 Tax District 50 UD Codes Market Area 28 Total Land 0.000 ACRES Area tift.. .""*-..... . -" .. . " .. . . .....~.. ........ << Prey 1]'_~!..2.j Next >> Property &. Assessment Values Just Value $1,071,831.00 Class Value . $0.00 Assessed $1,071,831.00 Value Exempt Value $0.00 Total Taxable $1,071,831.00 Value Mid Land Value ent: (4) $1,068,650.00 Ag Land Value ent: (0) $0.00 Building Value ent: (0) $0.00 XFOB Value ent: (3) $3,181.00 Total Appraised $1,071,831.00 Value Sales History Sale Date BooklPage Inst. Type Sale Vlmp Sale Qual Sale RCode Sale Price 3/19/2001 456/141 QC I U 03 $0.00 5/1/1990 313/876 WD I Q $1,050,000.00 11/1/1986 282/422 WD I Q $1,000,000.00 Building Characteristics ~~I~~I~~I~~I~~I~~ NONE Extra Features It. Out Buildings Code Desc Year Bit Value Units Dims .Condition (% Good) APA W4 AL PIER AL 2002 $1,860.00 192.000 16 x 12 x 0 PD (80.00) APA N4 AL PIER AL 2002 $826.00 80.000 10 x 8 x 0 PD (80.00) APA N4 AL PIER AL 2QP2 $495.00 48.000 8x6xO PD (80.00) .' . "f" . ~ . Land Breakdown Lnd Code Desc Units Adjustments Eft Rate Lnd Value 561GDW GMH SITE D (MKl) 21.000 LT - (.OOOAC) 1.00/1.00/1.00/1.00 $11,900.00 $249,900.00 561GSW GMH SITE S (MKl) 62.000 LT - (.OOOAC) 1.00/1.00/1.00/1.00 $9,450.00 $585,900.00 561GRV G/RV SITE (MKl) 35.000 LT - (.OOOAC) 1.00/1.00/1.00/1.00 $6,650.00 $232,750.00 561PER PERMTD ST (MKT) 1.000 LT - (.OOOAC) 1.00/1.00/1.00/1.00 $100.00 $100.00 http://www.okeechobeepa.com/GIS/D _ SearchResults.asp 10/6/2005 . 'Ii 4.01291 Bf 312277 I 8ody---- . WT-L-BHP ~ .. Ve&Sel RegIS. No. . HS I 66' 1 J ___ _ ,___ . __~ '_h.J.. --- Tille Numbe,-' - I 19410~~ I r--. " ldenjf'jeaoon Number ,FH4725 .--..-! l~e;;l T F~ - i '.-1._.n .I I"lodel Registered Owner PAUL WAYNE ROWLAND 3872 HWY 441 SE OKEECHOBEE, FL 34974 ,/' Date of Issus 09/14/2005 Uer; Release 1nleresl in tne above de&cr'.bed vehicle is hereby released By nUe .Mai1 To: PAUL WAYNE ROw'LAND 3872 HWY 441 SE OKEECHOBEE, FL 34974 _. _ _ ..:......~_._~. _ ~..:c._'_. -- - .- - - r- . , , -1 ; o:9.j14J20~5-' t__ --~-_~ --3-L ~:; Uetl Reluer.e LLiill1 II IU~.IDI,fllIJ_k. fitiijUililJ !wne", PAtJLWAYNEROWLAND - ,_.'~7Z';"'~~A::1Sli!;;.., .'. -, ~. ;~ljkE~HOBEE~f"L ;'''':~3ti9'f4- ;i: ~ . .", ,-" ,I}~~~.:~ '_i-~~~~~\~~~~-~~;~~~;.it.~~i"i[: ~ ", ~ .---Dale bt~$.~~o1de:e.- .N6!'lli. ::.~~~ ." ~~'~b~':; ~~ jj~~it~~'~~I.;~~ ,.- . ,"-....,. /".. ~~~. DEPART~'HiGt~.~"~ ]Aj , . .7.' ;;~ '~~:;~~.' ~)~ . ~:.' .~- ..' ....:~ ,',:", ""_:~_Cc ;~.~.'~._;~...~.'~., .......". '.::~,~1.'.; ';f.";.i:-"~ .. _. ;__ ';:':"'II~,'~ Frea6.~-jJ,;'U~ R~ K;:r[ll f,dL: 1i1.i!O~li~~[nl) ~. Exe~~'; '. ~AC;J~J~!. r1.J.k ~j/rl.fHh:iJ TRANSFER OFiITl.E BY SElLER iThls &ecbon must be cOmpleted at the Iiri>a ot 'ala.) '. .,.._:...~..:;;.~ c.. .~ Z.:.:-,.;. --:.. OlXjMEl7ER CERTtFlCAll0N-F~cl'Pl and stale hi.w Y'IXlUiN dnl )'Ob $talc: ItlC' mi1~ in eo>tmI:Clinn \O..it!a ~ lrdns'erof ~wnenhip.. 1:.ilua:lO cnmplcle or providlng'p "hn::..~ nlI9' ~h i~ : . . .-:._ . _' tinc;sund/orimprjsnpn"--:\\.... -. . _' '.' . 'fli~~:1ille.K~ an<l ..,,{Iliod m ~ fro< frl>Jn JUll' I.en. ex""pta. no"'" aD tho !ice Dfllt.. _;lictll~ ."d I)., motor vehidc "' vo.... dcsorilold i. h.~ lrolt,1l>IffiJ It.: . TALLAHASSEE FLORIDA ~. :~MP~lt},' . ,c"DIroI NJIlnb<r (:-ili~ C-:-J-! 71:' ~) t._. ...+ ....J. 1- ..:.. .; ':.) Sl J1 ~OAnll!j l'urch...er':~ t\dd~: . ".~ .;,.: I!W<>ClteIDal'~'O S~[-'O':'6.~i&t-cdOi>~.ftOw.-l. L-L-LI.U--L-J.LX.J (noto"d.,,) ~lIingP.;",,;._.__.:...~ :Date!io~J; .. ..;: .~..,: . milc.<.~Ilh:MbI. . . . ond....l!>e bcol army "Q(>"'~ CAUTION, [J l. J q.reb) ~,,"Hr 1b:>l1Om.: bcs,qfmy k<.awL:dg. the~",.... m.,fl"!lNfle<-tstlitamo\u1lJ>finil.;agt'! Ihft.hRIir:-I.a.-~M-:nMl~..lI..thc~hidc;1cst:rik'dhctdll. f)E)'?'I40TCHECl( EXCJ::SSOrrrS-MECllANICALUMITS..' .~. . - unIO$>.0u: Qr~ 0<1\...."'.. ~~'.2<"'1o.~ []O';.,:~~~,~~^" t.J -. i herehy <:Crlili' lbal'hc ndo"",1I!C rca<Iiol: IS-NOT TIIU^CT.wU. MJl.l;AGIO. . .. . _:.__ __-:'::;:, _ __-.... . . WAR"'I"':;. OOOMf;lTR D1SCIlEPIIJ'lCY. . .. .. c. ~ :: . . _ _: UND~~PEN~~lj)E(;~ l}IA-T J HAVE READ THE FOKEI>OING-.DOClJMEKi-ANO-.....,:r niE FAC'fUn.lE~ 1I>t" ~:r~~ <~:.; t..l!Jgrc_~r~.::;,~_.r:_.::..___;-_~~: ~-~.=.-.-~_.~.-.r_t1 ~~S ~~~-- p(~'''O-':''u~rc;.'~.:!'.' - __ ;. .~.~~c ;Z-4f :.:-.,u. 2:' _ c::- _::.. _ ~ ~ _- :.- - "~~ '7:!~B~~ ---~-----~--- - ._--- 0- >. .~ - .~-~:~ ~ife:; ~ :!O '~.:.-o:- " .. LARuE PL~ING & MANAGEMENT S'VICES, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366. FAX: 239-334-6384 e-mail: larue-planning@att.net Memo To: Board of Adjustment Members From: James G. LaRue, AICP Date: August 7, 2006 Subject: Special Exception Petitions #06-008-SE and 06-009-SE The applicants, Isaac and Cinderella Kelbie, are requesting to relocate two mobile home units onto two vacant lots within the Riverbend Mobile Home Park. Section 90-1 69(8)(b)(3) requires the City Building Official to place these items on the agenda for determination of suitability for dwelling unit relocation when the units are past a certain age. The structures were inspected and found to be in compliance with the requirements of the Pre-move-on Inspection Report dated December 12,2005. Planning staff does not have comments for these items as the City's Building Official should determine whether the mobile homes are fit to be moved into the mobile home park and he will probably address the Board in person or in writing at the August meeting. JGL:lk v City of Okeechobee General Services Department S5 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ert. 218 Fax: (863) 763-1686 Petition No. (! io - OO~? _ .'. Jurisdiction: 60 It Date: '7 ~- ;;, 8 Fee Paid: t.OOr V ( A~ 1st Hearing: , ?,i \'{ i eLl! 2nd Hearing: ,_",_".'_~'__' ':.0 LJ}" Publication Dates: ; 2If~JO"(~f} Notices Mailed: v A P P L I C A N T Owner mailing address: 130, .s. . Name of applicant(s) if other than owner (state relationship): Applicant mailing address: y..l f k Name of contact person (state relationship): LU~6""~ewLANb Contact person daytime phone(s): H\ - 1 ?sS6 Fax: v Property address I directions to property: 130, s,~~t!" ~ 'Lcrr-lk49) Indicate current use of property: ~15ll.B" ..... Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): Vk....PNr Lor- iN ~\"~TlNb- N,UP Approximate number of acres: ~ l"3 Is property in a platted subdivision? N() P R o P E R T Y Is There a currenr or rcc'enr lIse ofrhe property that Is/was a ViolaTion of county ordinance? If so, descnbe 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: 6 Is a sale subject to this application being granted? NO Is the subject parcel your total holdings at that location? lfnot, describe the remaining or intended uses: '1~ . Describe adjoining land uses I improvements to the North: . South: lo'e-C~ 1<-~ F1:west: C~" Existing zoning: Future Land Use classification: 6; A.J (\I') Special Exceptio~ L-.J Variance Actions Requested: ~ Rezone Parcel Identification Number: t.-ZZ-Z,7-3$'-OAeo ~3s:. ~ Confir.mati~n of Information Accuracy 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 im .sonment of up to 30 days and may result in the summary denial of this application. ~'v\A& ~~ S:/20/Ck Signature Printed Name Date * ~,tJb.c-TlO~ o~ .svn4.~'\L-r~ el==-'l:xdB.Lf~ Unifonn Land Use Application (rev. 1/03) '1=Oe.- \Z..i:::-~O~ P Page ] of 2 Current zoning classification: Requested zoning classification : R' What is your desired permitted use under the proposed classification: E Z o N If granted, will the new zone be E Variance? Is a Special Exception necessary for your intended use? I--- Describe the Special Exception sought: Au..oU,j 't1JJe.. 't"~~ ~ 'SeT"-u ~-~ S ~ \.A08\\...t;"' ~~~ ~""t"" \)ji)...-~ ~At..1\.J~~ M~~,e...}.j S p 'fe;-p....i:::;S ~ \ov=-IC> ~ '""t>~ eF- "T\,\\:::. App~~tJ E C Provide specific LDR ordinance citation: ~c. 90- \Co<1 (<6) Do 3 I A L Are there other similar uses in the area? Is so, describe: L{~ - tUdG\,U;:- ~~.'L E X C E Why wou Id granting your request be in the best interest of the area and residents? p .~ lj2lL-L-- ~ .V~ ~ ~ ~\~ Z- ~'itNLr-0-.J"TS T I 0 lfbusmess, blleny describe naTUre In.:.ludmg number of employees, hours. nOise generation and activities 10 be N i conducted outside of a building NIA- II Descnbe Variance sought: V A R Describe physical characteristic of pr p I A N C E What is the minimum variance necessary? Unifonn Land Use Application (rev. 1/03) Page 2 of 2 -., ----; . . KI VERBENlJ HOBll.b 1JDJ-lb PAeK )307 3, PARROlT AVFNOC MY .Lf'q -1/ I' I ::= ().(). ( "PR rVA'TE j?AR"(. f<OAJ:> / t$>. -- IIQr' I~I~ i '_ i I /" -~. . I 7Ro(J(ff;f) 1'/'Y18/ HOi?lU:: t/()Mf;" Lj,) ~ -~ { _ - /6- - f; tL1-J€ , - -/ --~ -.... . . ....... -PRIVATE "'PA~lC: !<:OAO , HH { ! ",.,.... I It:( I I. I ['16& 1-1 F5EKTLf )-1// '148' '14' ~ () ~ <2::::> 0 v L<' 'n, __Jj Q y:-. " ~ J.fOf ~ ~ -' . ~ f\J-' , >~ ex) ~ f3 J!J .4 -0- .a. _......_ . e Okeechobee County Property Appraiser Last Updated: 101312005 Parcel ID: 2-22-37-35-0AOO-00035-0000 2005 Proposed Values ;~";Bt9P~!i1~~~q~}'&.1 '~;~~~4MAA~Jl ;\l~m~il Owner & Property Info Owner's Name KELBIE ISAAC & CINDERELLA TRUS Site Address 1307 S PARROTT AVE, Okeechobee Mailing 1307 S PARROTT AVE LOT #82 Address OKEECHOBEE, FL 349745298 UNPLATTED LANDS OF THE CITY S 1/2 OF SW Brief Legal 1/4 OF SW 1/4 W OF CREEK LESS N 113 FT THEREOF Use Desc. (code) PARK/LT,MH (002800) Neighborhood 286010.00 Tax District 50 UDCodes Market Area 28 Total Land 0.000 ACRES Area Search Result: 1 of 1 ~"" " .1JMt. ~., ..,.......-.~.-..'.-_:_.,... A"_lata << Prey 1}_5?f,O, Next >> Property & Assessment Values Mid Land Value cnt: (4) $1,068,650.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (0) $0.00 XFOB Value cnt: (3) $3,181.00 Total Appraised $1,071,831.00 Value Sales History Just Value $1,071,831.00 Class Value $0.00 Assessed $1,071,831.00 Value Exempt Value $0.00 Total :Taxable $1,071,831.00 Value Sale Date BooklPage Inst. Type Sale Vlmp Sale Qual Sale RCode Sale Price 3/19/2001 456/141 QC I U 03 $0.00 5/1/1990 313/876 WD I Q $1,050,000.00 11/1/1986 282/422 WD I Q $1,000,000.00 Building Characteristics ~~I~~I~~I~&~I~~I_~ NONE Extra Features & Out Buildings Code Desc Year Bit Value Units Dims Condition (% Good) APA W4 AL PIER AL 2002 $1,860.00 192.000 16 x 12 x 0 PD (80.00) APA N4 AL PIER AL 2002 ' $826.00 80.000 10 x 8 x 0 PD (80.00) APA N4 AL PIER AL 2002 $495.00 48.000 8x6xO PD (80.00) Land Breakdown Lnd Code Desc Units Adjustments EffRate Lnd Value 561GDW GMH SITE D (MKT) 21.000 LT - (.OOOAC) 1.00/1.00/1.00/1.00 $11,900.00 $249,900.00 561GSW GMH SITE S (MKT) 62.000 LT - (.OOOAC) 1.00/1.00/1.00/1.00 $9,450.00 $585,900.00 561GRV G/RV SITE (MKT) 35.000 LT - (.OOOAC) 1.00/1.00/1.00/1.00 $6,650.00 $232,750.00 561PER PERMTD ST (MKT) 1.000 LT - (.OOOAC) 1.00/1.00/1.00/1.00 $100.00 I $100.00 http://www.okeechobeepa.comlGIS/D _ SearchResults.asp 10/6/2005 ,;.ana = HS ....Es$aa~ili'JlO,': BRA/<[) I NO OF USE PROP ,/ , .-. - ~ ~JEN, REl.EASE:r.;:} , INTEREST l~ THE ABOVE DESCRi~D~~~~iili I f1EREBY r..aEASED ' c. c} ,. ... .- BY TIm , QATI" FLORIDA 'w.) 1ST, ltENH9.tOER ,... / DIvrslO.N OF MOTQR TALLAHASSEE DEPARTMENT OF .H.lGHWAY $AFBTY AND MOTOR VEHJCLES . TRANSFER OF TITLE By SELLER ODOMETER CERTIFJCATJON - Fttderal a!l..d .$UtU. law ....l:fJ:tra Ilea -yOlJ' "11"'& -th. -mite.S_ 1.'"'1 eonnOr=tlDji wit" the tTltJlfar of oWrlarsf)ip. faiJbtB lD completl or p1DVlCiillQ . fain .still.mant may ..aStdt in IInp~ ettd! Dr '''''p.risom".m. Thi. 1lU._. js wan.an1a'd Mid [:~r1if~ to 1,0 frail from .QY Ii."t" axeept as notad. on lna face 0'; th;.... tert;iicat. and me motor ".trh;Je or VIlUOJ d~~uibCld J --- 7fL~'-e:~'iH~~-tc.. EXECUTIVE DIRECYOil - ,-;"j .-;;.......-. :&-i:ir\ -, ;~~~' ~ It c!~rlCl'-l <( ~ , ~_'-:1 ,'=+ -"-LL ~_ . \__,. t:..... ~..,... , ". ., '~.1 ~'.i ~~ .:.:A. ?urchIlSlr: .'"-~ b; hanl;ty ~r"fI,Jqir_J ~~ .:- Adlif~"~ I,""', "0" ,." ,.',0" 0' Q" d,"" coom.'., "OW '.a., i:JOD,DDC G (no ,.,,'.S> 58"'""? I'e S D... S.ld , 1'1,:p:;. Cote rlil~d anc to rhe b&st lJ'f- m)' I...nGwLlOdg" CAUTION. 0 . ~~re::'); c"ni1y \I')al to mi< bas.t oJ my knawledg. ch. DdDm~l.f feading r,H.~~ tb.8..! th6"t it raflnb lhlii actual mir..eae of the yg,"cJq dascribso Derain. /,!nleu 00 NOT CHECI' Brco~tn of n-il.a.s91li ~r. QXUSS LIlf it~ Jn8c~ar,iCl'-af limits... on. ol"""....".o~:"~~ <l.,.....,. bucks [, -<F."ko<l , BOX If A~TUAl 0.. 2, I ha'aby c,:<tlfy 'hat th.,.do",.,", raadinsiz. ""1.'~. .C":~/_V';f..~-~~~~,.~""", ~ ;, ~--, '. ..~- ~.. .: .' MJI..EA{;E "'''''''NIIa<! !JOGIoIETEIf ptSCI\El>AHcY. _ <, >. ':_:"';",,~:--__ .. UNI}~"W.I.l~t~~,:pER.ltJBr.{:bECI.:ARE THAT I HAVE READ THE FOREGOING DOCUMENT AIIID THAT THE FACTS STAT~ft:~ .fr:_#E,"~,'f~ :~;;r:~f~ '> ~'"'' ,: -'-. ~:~~~3~:: :: ."::" ;;-"' - :~~:t ,~-~ CD-Punbu..t-.:....... Co-'PvrehsS:tl: .. .~.~ ~it.:: .- Signa.a Print.d 1.~~mt ~Df . R ' ~;;. s.o." Selle, oX IVlAROA'R~1 . Jv'1AiTE,f;;kl _ ." ~.~ ~:":;:u:,,. .IG (.<,Reft: Ed""I~1 R/?9"<f'$4ff:: '.... ...(Wbe. h" lio, J Tu C.llecte<i S / _. , ~eli"9 ,/ .." ~~ ~ ~ ,.; ~iC:.JlI$. kumb.,. ." . Pe~o. City of Okeeehobee Department of General Services 55 SE 3rd Street Okeedmbee, -FL 34914' P.re-Move-on lDSpection Report for ~ Mobile Homes (All request forpennits to place or replace ~MobiIelMannfactnred homes must be accompanied by t:biScCOmpJetp.d~.fumJ.) Owper. Wayne Rowl and ,Date: 12/02/05 wn., ortype:} Address: 2953 SE 18th Terrace ",/.Iof J./q !fJV-lA.kvKc! (physical location ofho:me) YearandManuf-acturer: 1986 Liberty WmdZoBe II HUD Plate =it MobiIelMaDn;factnred H()JD.e SeriaI# 10L18848 Width: 14' ~1h.' 48' Single --L-Bouble_ J';; = In Compliance N = Not in Compliance Fire~ ~ 1. Smoke Detector: Installed Missing ~ 2. Electrical System Checked: ExpOSedlNon-insuIated WlIing_ L.up..uperType of Wiring _ -othen; ~3_ DistnbutipnPanel: Missing~se_MainMissing_ Breaker Missing -----:.. Unplugged Opening_ Ofiher- ~ 4. ElecJrical Fixtures: MiSsing _InstalIedJmproperly -'- ,Improperly Wired T.nn.c:e. W.Jre_ GFCIn:ceptacles nOtwhererequired_ Missing Cover Plates_ --C.- 5. Electrical Gnnmd: Chassis _Main Panel ~ Gas Pipe_ Construction ~ L Exit door$ .nperable:.Front , Rack: Dtber ~ 2. Exit door Locks: Missing inoperable ~ 3~ Egress .windows: Missing iBopeFable ~ 4. Windows: Broken Glass inoperable ~ 5. Screen: l.V,1;issing: _Damaged_ ~ 6. Floor Sy~tem: Joist Decking Area Damaged -C.- 7_ Interior Pauc;1:iug. Mi~rng_ Loose _ Damaged_ -1L- 8. RodentProofing: Bottom Board _ Pipe openings _ Other ~ 9. Leaks ApJ*i1-ent: -ceiling _DoOJ;S _Floor _~-oof_ IiL.lL 10. Vertical fie down straps: Missing _ Short _ Damaged_ C II. StrUctmal modi:fications. since manufactured: YES _ NO lL. C 12. Walls: Structurally unsound _ Loose _ Weather tight_ C 13. Trailer:frame is free of stmct.uraI re:fects: Yes~ NO _ PJmnbing- ~ L Trap: Missing _ Not connected _ Other _ -C-~ Plumbing fixtures: Missing ~ Nminstalled _Not V-ented_ C '3. Relief Valve: Missing _ Inoperable _ Other _ -L 4. Dmin W.aste-mtd Venting Piping. Missing _ Not suppmted_ Clean outs _ Use of fittings _Not capped_ ~ 5. Water Heater: No pxessure relief to exterior _ Missing_ Inoperable _ No drain pan with drain to exterior _ . . Heating and Air Conditioning ~ 1. Heating Appliances: Missing Not Connected Others - 2. Deleted HeatinglAC system: Not installed- Other ~ 3. Thermo.stat:Mssing Inoperable -L 4. Air registers: Missing Inoperable ~ 5. Ducts: Not sealed Deteriorated Missing Collapsed _ N/ A 6_ ,Gas furnace Water-fleatervent: Missing Loose ~ 7. ~Air: Tofumace To Ale From rooms ~ 8. Range: Vent Hood .B.L1l9. Gas Valve: Gas Valve: Accessible Installed improperly N/ A 10. Gas Jines: Not capped _ Not supported _ Kinked_ Not bonded Smnmary L Is subject structure found to be fifty (50%) or more damaged or deteriorated? YFS_NO -1L- 2. Will a remodeling pennit be required? YES _ NO ---X.- Date Inspected: 1 2/02/05 S Inspected By: Mark McCr=ee ~ PhoneNumnber. 863-467-2690 . flori&~~UAAOO14248 \ I This document mllSt be completed by a registered Florida Professional Engineer or Architect ,and submitted witli the appIicatien for a building permit. ." . . LARuE PL~ING & MANAGEMENT SE!ICES, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366. FAX: 239-334-6384 e-mail: larue-planning@att.net Memo To: From: Date: Subject: Board of Adjustment Members James G. LaRue, AICP August 7, 2006 Special Exception Petitions #06-008-SE and 06-009-SE The applicants, Isaac and Cinderella Kelbie, are requesting to relocate two mobile home units onto two vacant lots within the Riverbend Mobile Horne Park. Section 90-I69(8)(b)(3) requires the City Building Official to place these items on the agenda for determination of suitability for dwelling unit relocation when the units are past a certain age. The structures were inspected and found to be in compliance with the requirements of the Pre-move-on Inspection Report dated December 12,2005. Planning staff does not have comments for these items as the City's Building Official should determine whether the mobile homes are fit to be moved into the mobile home park and he will probably address the Board in person or in writing at the August meeting. JGL:lk City of Okeechobee A General Services Depa1W.ent SS S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Jurisdiction: () Date: PetitionNo.O~ -D06~V 2nd Hearing: Publication Dates: Notices Mailed: ezone · ~pec)a xception · anance V Name of property owner(s): FR A NCES 81A t=ORf-GAIt..FolL. A Owner mailing address: 1:-';10 ~ -' <&+Ii DR. '-". 1::, p p, Name of applicant(s) if other than owner (state relationship): L J Applicantmailing address: tL./iO S.E, g+n DR. c A Name of contact person (state relationship): r:= g fl NCE S rs fA FOfl,[ - GA Ii- FOiL- N Contact person daytime phone(s): g ,=:3 7b 3-5.;).7 f. gi:-3'-1C,35'-l,J6- Fax: T Uniform Land Use Application R S' IE V V Property address / directions to property: IlflO SE <zi!.. \) J2.. _ Indicate current use of property: y,'<. \vATE D i,Uc LL 1:\/ G- Descnbe improvements on property, including number/type of dwellings and whether occupied (if none, so state): NOr.JE Approximate number of acres: Is property in a platted sUbdiVision?" E S L,;,:-r f (~ , OKe-'.::'':--J!GOcC lS~"'".~ ,"A. e.cz F- '3 ,,' , , Is There a curren! or recent use of rhe properry ThaT is/was a violatIon of counry ordmance? If so, describe: p i R 1:--\\""-' 0 Have there been any land use applications concerning all or part of this property in the last year? If so, indicate date, p nature and applicant's name: NO E R Is a sale subject to this application being granted? NO T Y Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: \.) E S Describe adjoining land uses / improvements to the North: ~)R. \ v ATE- O u.i Q..1l IrV. ~ South: Fk IvA TE ()G;:. Illlw' East: PK.lv;,\TE DtL.J<G 1\ ,rvG. C~.vAL- -we.;;.1- ,:- "\ West: .s IDE d' C.A NAL PR.~~',~<?if : Existing zoning: Future Land Use classification: nES IJJEi\l7l!ll._ 'J RE. S I Otl\l ,i~ I... Actions Requested: L-> Rezone L-> Special Exception 120 Variance Parcelldentificatioil Number: -c- .- V Confirmati~n ofInformation Accuracy , - , I hereby certifY that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the summary denial of this application. ~/) ...~" ,/.,. ,-: 1//;JftJ(p, --:J'.1Ah(' c'J ?;.: -*~ t71...i ~ ..t~ t~JL~. F{.;.fh.J<:.E'-- f!,j A Fe fi:. E - GA ii..hJ It.. Signature ! Printed Name Date I . Uniform Land Use Application (rev 1/03) Page I of 2 Current zoning classification: Requested zoning classification: . R What is your desired permitted use under the proposed classification: E Z 0 N If granted, will the new zone be contiguous with a like zone? E Is a Special Exception necessary for your intended use? Variance? Descnbe the Special Exception sought: - S P E C Provide specific LDR ordinance citation: I . A L Are there other similar uses in the area? Is so, describe: E X C E Why would granting your request be in the best interest of the area and residents? p T 1 0 If business briefly describe nalure inc.ludmg number of employees hours, noise generalion and actIvitIeS to be )\ i condllC led OlllSlde of a bu:ldlllg I I Describe Variance sought: Q:,U.ILv J gi W,tlE 'f:. .;;J' , 1- sr8.~L- C A {t. pc ~ T If<} rl<.cNT - \Jf E )!'.IST iNG- G i\fUJ,GF-. V A R Descnbe physical characteristic of property that makes variance necessary: j);~ \ v;:: ,)..1 Ii \i 15 '/7 i_ONe; I ;)5 FT C>E LG N c..s T ~ c '+'1 < A;) 0 l=r SET 3 A c.~ IS K E<fj.W~t?O J:'fiLclY\ l' H'~ C~1 A <.LulJ '= () /...L R Ie H l E: A V.:=S '01\.-11(..d I='''t. 00-{> IH . - .J ' N C Did you cause or contribute to the characteristic? Is so, describe: NO E What is the minimum variance necessary? I q' FT, Unifonn Land Use Application (rev, 1/03) Page 2 of 2 PreDared bv and return to: JOHN D. CASSELS, JR. Attorney at Law CASSELS & MCCALL 400 NW 2nd Street Okeechobee, FL ~4972 . FILE NUM 2006001995 OR BK 005. PG 0940 SHARON ROBERTSON. K OF CIRCUIT COURT OKEECHOBEE COUNTY RECORDED 01/30/2006 03=28=50 PM RECORDING tEES 10.00 DEED DOC 1,855.00 RECORDED BY R PQ~rish File No.: 3596 , . Parcelldentificalion No, 3-22-37-35-0290-00000.:.1610 ~)D .()D , - ()Q ~'1%65,~ [Space Above This Line For Recording Data] Warranty Deed (STATUTORY FORM. SECTION 689,02, f,S,) This Indenture made this 30th day of January, 2006 Between MARDEN HARLAN WARREN and JOYCE ILENE WARREN, his wife, convey the entire fee interest in the property herein described, whose post office aCldress is 1410 S.E. 8th Drive, Okeechobee, FL 34974 of the County of Okeechobee, State of Florida, grantor". and FRANCES BIAFORE-GAILFOIL whose post office address is 1500 S.E. 8th Drive, Okeechobee, FL ;34974 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, la-wit Lot 161, OKEECHOBEE ESTATES, according to the plat thereof recorded in Plat Book 3, Page 20, Public Records of Okeechobee County, Florida. Subject to restrictions. reservations and easements of record. if any, and saId grantor does hereby fully warrant the title 10 saId land, and WIll defend the same against lawful claims of all persons wllOmsoever . "Grantor" and "Grantee"' are used tor Singular or pluraf. as context reqwres In Witness Whereof, grantor has hereu,\10 set grantor's hand and seal the day and year first above written Signed, sealed and delivered in our presence: '7-~L~N~ MARDEN HARLAN WARREN ~"~.MPPl E 'EN' WARREN ,..-" State of Florida County of Okeechobee The foregoing insrrumenr was acknowbiged before me tiJis }Oth day of January, 2006 oy MARDEN HARLA}i WARREN and JOYCE ILENE WARREN, who U are personally known or U have produced as identification, ,,~~;~~ Jill R. Pills f '.'i" !1 MY COMMISSION # D0099863 EXPIREs ~~~ AprillZ 1006 ',<'::.li' 'ONDf01>iPuTtOY'AWl'<Sul1ANQ/NC Ltl~_", ublic ..- "\ n _ Prin ---.i. )111....1'\ Vi'-Hs My Commission Expires: ,r [Notary Seal] --n....._......III.'UIlIIJIIIIU'U. Prepared By and Return 10: Cassels & McCaU 400 1m r Streel Okeachobee, Florida 34!J72 ~RILEBKNU~ 200600699~ ~ OU5'- PG ~ SHARON ROBERTSON . 0294- OYJEECHOBEE'COUHTY , OF CIRCUIT COURT RECORDED O~/17/2006'O~:07:~6 PM RECOROING'FEES 1000 DEED DOC 0.70 . RECORDED BY R Parrish pg 029H Upg) Parcel 10: 3-22-37-35-0290-0??oo-1610 CORRECTIVE WARRANTY DEED THIS CORRECTIVE W A.RRAmY DEED execUted this _ day of April, 2006, by MARDEN, HARLANW AHREN and .JOYCE ILENE W ARRENT ,his wife, of5] 4 South 3'" Street, Swayzee,lndiana 46986- 9608, first party, to FRANCES BIAFORE-GAlLFOIL, whose post office address is ]500 SE 8'" Drive, Okeechobee, Florida 34974, second party. .' (Wherever used herein, the terms "first party" and "second party" shall include singular and plural, heirs, legal representatives and assigns of indivil:Iuals and the successors and assigns of corporations, wherever the context so admits cr requires,) wr:tNESSETH: That the said first party, for and in consideration of the sum of$] 0.00 in hand paid by the said second party. the receipt whereof is hereby acknowledged, does hereby remise, release and quit claim unto the said second parry forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel ofland, situate, lying and being . in the Coutity of Okeechobee, State of Florida, to wit: ' Lot 161, FIRST ADDITION TO OKEECHOBEE ESTATES, according to the plat thereofrecoroed in Plat Book 3, Page 23, Public Records ofOkeechobee County, Florida. This Corrective Warranty, Deed is being executed and recorded in order to correct the legal description of that certain Warranty Deed recorded in O,R. Book 589, Page 940, Public Records ofOkeechobee County, Florida, '>; TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in any wise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behalf of the said second party forever. IN WITNESS WHEREOF the said fiTst party has signed and sealed these presents the day and year firs! above wrinen J}1l~ 1I1:J~ MARDEN HARLAN WARREN PRINTED N OF WTINESS \~ j~ft\~ WllNESS ../ ALl $ It :s- _ i31/J t'J I () tV PRINTED NAME OF WITNESS J ~J.~~~ JO aENEWARREN STATEOF ..j :vul)tA,01i COUNTY OF / (,;.R.At\l,.- The foregoing instrument was acknowledged before me this 1;;. tL day of April, 2006, by MARDEN HARL~'~,!ffid JOYCE ILENE WARREN, his wife, L-) who are personally known to me, orL-) who ha~~:~;~,~~._ ~~~{S Ul!.flJSE as identification. ,A-~rm:f&t~ NOT~Y.P.UBUC': ?:'" MYceo~~ssionI39~~:- O{p-/3-a.oo1 '3:\~:::i~Ei;;i~;'2,:'" [3753-6nS J, WPD] . . ATTENTION CITY OF OKEECHOBEE BOARD OF APPEALS PLANNING BOARD: I AM REQUESTING A VARIANCE ON MY PROPERTY TO PUT A STEEL DOUBLE-CAR CARPORT ON MY PROPERTY DIREClL Y IN FRONT OF MY GARAGE, WHICH IS 43 FT. FROM THE STREET. MY GARAGE AT TIllS TIME IS ALMOST FULL OF SEVERAL PIECES OF EXERC;ISE EQUIPMENT AND TIIERE IS NO ROOM FOR A- , VEIDcLE. THE EXERCISE EQUIPMENT IS NECESSARY FOR MY HUSBAND'S PHYSICAL THERAPY, AS HE IS A DISABLED VETERAN, WHO ALSO HAS DIABETES AND mGH BLOOD PRESSURE. I DO NOT HAVE ENOUGH ROOM IN MY HOUSE FOR TIllS EQUIPMENT, WHICH WOULD DAMAGE TIIE INTERIOR FLOORS. TIllS CARPORT WOULD NOT DETRACT FROM TIIE NEIGHBORHOOD, AS TIIERE ARE SEVERAL SIMILAR CARPORTS IN ALL OF OKEECHOBEE ESTATES. ALSO, SEVERAL OF THE EARLIER-BUILT HOMES ARE BUlLT ON TIIE SET-BACK, AND TIIEREFORE CLOSER TO THE STREET 1HAN MY CARPORT WOULD BE. YOUR CONSIDERA nON IN TIllS MATTER WOULD BE GREATLY APPRECIATED. THANK YOU FRANCES BlAFORE-GAlLFOIL 1410 S.E. 8TI1 DR. OKEECHOBEE, FL. 34974 863-763-5271 OR 863-763-5925 ~ I /'7g,pUAo ~..- ./ ,1') ,~ ,~/_ /', _ ~V...-0--' de.<.. . -"<J~""'m,....,,- . '. 7-13';)0(<(; (j [/ SK E:\ C H } S G ~ '\HZ \..J E vJ A~ It -C J 4 lOS, E, 94t'J aNI-\( , .1 ~:) l:fio,st&E;% A .~ fqfZ . . " . . t~ ~ ~ '-\ >,.),1\ '......... '-0 o...~ I ,.J . , I I , I j ~ -....~ , \..:..... ....-; / If / () S.t. g~ DR \\/e: t:; I J II : <() / ~ N6:?02'?4"~ 110. DO'(P) ~IOo.OO' (f) >U '" ~ ~ o<l 16.0 0 I:L ~ 'J' ~ CL>V . \I\ '" ...= 16.0 (' \I\ ?-<+1C-/ ~ ,f'~IYE:. ) 24,7 c5 - -- - '" Q :;.<III 'Q 2 C-o l.k:. CJ'> ~ :s: '" I /1i? f2: -{ ~ '-.J 12.0 <3 oIS Hp.?t7 0- I:L 1 ~ 'J' ;f" i2-D.-~ ~ '" 0 '" j: . ~ ~ y ~ Q J '" '] :z ~ ~ 12.0 \ ~ \ :J ~ '" !'i '70.4 56:?"02'?4" W 110.00' (P & M) FLOOD ZONE, 'X' UNMAPPED SURVEYOR'S CERTIFICATE . . ~ --*- --- It. FFE PSM RI\.I PC /:;. L X 0.00 k:tlli "70cO \i' ~ 1~ t;41, k- I t7~/<. CD It-l--I ~ "',70,0' .~"- /\ W '\. --- 't' S ...i bi~~ '> X 1 -l L ~ ~ ~ ~ ~ ~ -1 +- ~ '\\\J r- :1 \ ~ :I \.ll-.l~ \~ t -~ \' j/ .......-........../'"'-- LEGEND. -FOUND CONCRETE MONUMENT -FOUND 5/8' DIA. IRON ROD -EXISTING \.lIRE FENCE -EXISTING CHAINLINK FENCE -EXISTING \.IOOD FENCE -CENTER LINE -FINISH FLOOR ELEVATION -PROFESSIONAL SURVEYOR AND MAPPER -RIGHT-OF-\lAY -POINT OF CURVE -DELTA ANGLE -ARC LENGTH - TYPICAL ELEV A nON FIELD \lORK COMPLETED' 03/28/06 MciNTOSH AND ASSOCIATES SURVEYING & MAPPING 325 S\I SOUTH QUICK CIRCLE PORT ST. LUCIE, FLORIDA 34953 (772)878-7568 (office S. fax) CERTIF, OF AUTHORIZATION NO. LB7332 LOCA TION MAP .Sw.1rh' .-~; Sg 6th CI .. n- it coO ""'lll S, 5... 9tn 51, . Oodl Ct ~ i Q-. I~ SI ~ 9a 1~lh &\ !J 1l &0 ".. St ~ So 111ft St f "., . .. ~ l &o'fi"'&l .., S.121hSl ~ ': &tr13I1t61 U SDt31hSl ... 'Z~U1hCI SwH~6t .1. f.t1hCt ~ I ~~ s..'IiII1Sl ~ Sw \6\~ S\d g ': ... 'Ill>"~ So 19h", ~ 6W'~hQI ~ ~ of.. , ~ 11th In . r !l' J; f ~ ~ h ; l : [~ ~ n o........_t-.S&:'J.\ .:' oP,...} .ot,,__ ~. ("1, I S\ LEGAL DESCRIPTION: LOT 161, THE FIRST ADDITION TO OKEECHOBEE ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 23, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA ~ I 7,;z:,. .). Ac;:.C ADDRESS' 1410 SE 8TH DRIVE OKEECHoBEE, FLORIDA SURVEY NOTES: 1. NOT VALID UNLESS SEALED \.lITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHo\JN HEREON \JERE NOT ABSTRACTED FOR RIGHTS-OF-\JAY, EASEMENTS, OR O\JNERSHIP, 3, LAND DESCRIPTION HEREON VAS PROVIDED BY THE CLIENT. 4, BEARINGS SHO\lN HEREON ARE BASED ON THE CENTERLINE. ' 5. THIS SURVEY NOT TO BE USED FOR FENCE INSTALLATION, SPRINKLER SYSTEMS, SHRUBS, OR ANY OTHER UTILITIES \lITHOUT REVERIFICATION OF PROPERTY CORNERS. 6. ELEVATIONS SHo\lN HEREON ARE BASED UPON N,G'v,D, 1929, 7. SURVEY NDTCoVERED BY PROFESSIONAL LIABILITY INSURANCE. 8. DIMENSIONS PREVAIL OVER SCALE. CERTIFIED TO: FRANCES BIAFORE-GAILFOIL FLAGST AR BANK CASSELS. & McCALL ATTORNEYS' TITLE INSURANCE FUND COMMONWEALTH LAND TITLE INSURANCE BOUNDARY SURVEY REPARED ON THE ORDER OF, OKEECHOBEE MORTGAGE SCALE. DRA\lN BY' TM\I FILE NO.1 1382 1'=20' e 1375 JaCk. Street, Suite 206 Fort Mye lorida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-p1anning(2l?att.net LaRue Planning & Management Services, Inc. Staff Report - Variance Request Prepared for: Applicant: The City of Okeechobee Frances BiafOre-Gailfoil Petition No. 06-005-V Staff Report Variance Request Applicant: Frances Biafore-Gailfoil Petition No. 06-005-V General Information Owner Address: 1410 S.E. 8th Drive Property Control Number Zoning District RSF-1 None Location: 1410 SE 8th Drive Legal Description: Lot 161, OKEECHOBEE ESTATES, according to the plat thereof recorded in Plat Book 3, Page 20, Public Records of Okeechobee County, Florida. Introduction: . The applicant is requesting a variance from 90-] 05(b) of the City of Okeechobee Land Development Code to allow for 5 foot front setback in the RSF -1 Zoning District instead of the normal 25' front yard setback. Background: The subject property is approximately 0.2 acres fronting on SE 8th Drive. The applicant intends to construct an 18X20 steel carport in front of an existing garage. The dwelling has public utilities and the adjoining property users are as follows: North: East: South: West: Single family dwelling Single family dwelling Single family dwelling Single family dwelling Discussion: After reviewing this application, Staff has determined that the request generally does not satisfy the criteria outlined below for granting the variance: Staff Report Variance Request e APPI.t: Frances Biafore-Gailfoil Petition No. 06-005-V A. Special conditions and circumstances exist which are peculiar to the land or structure involved, and are not applicable to other land or structures in the same zoning district. No. Special conditions and/or circumstances do not exist which are peculiar to the land or the structure involved. While the garage is being used for other purposes, there are no special attributes ofthe land to be peculiar. B. The special conditions and circumstances do not result from actions of the applicant. The special conditions and circumstances seem to be as a result of the actions of the applicant. C. Literal interpretation and enforcement of the Land Development Code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning districts under the terms of the Land Development Code, and would work unnecessary and undue hardship on the applicant. No. Literal interpretation and enforcement of the Land Development Code would not deprive the applicant of rights commonly enjoyed by other properties within the same RSF -1 Zoning District. The subject property currently conforms to the 25 foot setback required by the Land Development Code. If the carport is allowed it would encroach 20 feet into the 25 foot setback. D. The variance, if granted, is the minimum variance necessary to make possible the reasonable use of the land or structure. No, the applicant is still able to have reasonable use of the land. The existing dwelling unit does not encroach into any of the required setbacks. E. Granting the variance request will not confer on the applicant any special privilege(s) that is (are) denied by the Land Development Code to other land or structures in the same zoning district. Yes. If this request is granted, special privileges will be conferred on the applicant which are denied by the Land Development Code to other properties or structures within the RSF-l Zoning District. Any other instances of other nearby encroachments do not qualify as a reason to allow this variance of such a large encroachment. 2 Staff Report Variance Request ApJ,llIcant: Frances Biafore-Gailfoil Petition No. 06-005-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. Granting this variance will not be compatible with the intent and purpose of the Land Development Code. Other violations nearby would be dealt with as individual code violations. Recommendation: Staff recommends denial of the request to allow a variance from Section 90-1 05(b) permitting the applicant to construct a carport which will encroach into the front setback requirements. Submitted by: James G. LaRue, AICP August 2006 " -' 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: 2nd Hearing: Publication Dates: Notices Mailed: Name of property owner(s): Owner mailing address: JAN~ AND ROHIT DAVE 6855 SV 13TH ST, OKEECHOBEE, FL 34974 Name ofapplicant(s) if other than owner (state relationship): RICHARD H. PRITCHETT, I I I Applicant mailing address: P.O. BOX 3648, N. FT. MYERS, FL 33918 Name of contact person (state relationship): RICHARD H. PRITCHETT III (LESSEE) Fax: 239-543-2166 Property address / directions to property: 1020 NV PARK STREET, OKEECHOBEE,FL 3497 Indicate current use of property: COMMERCIAL Describe improvements on property, including number/type of dwellings and whether occupied (ifnone, so state): BILLBOARD Approximate number of acres: Is property in a platted subdivision? 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? Ifso, indicate date, nature and applicant's name: NO Is a sale subject to this application being granted? NO Is the subject parcel your total holdings at that location? Ifnot, describe the remaining or intended uses: NO Describe adjoining land uses / improvements to the North: MUL T 1- F AM I L Y South: COMMERCIAL East: COMMERCIAL West: COMMERCIAL Existing zoning: COMMERC IAL ( CHV) Future Land Use classification: COMMERC IAL (CHV Actions Requested: L-) Rezone L-) Special Exception Variance Parcel Identification Number: 3-16-37-35-0160-00280-0110 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 pro<;?ssing my request. False or misleading information may be punishable by a fine of up to $50~. : ~.. ~. to 30 days aod ffi"Y result in tlte .mmn"'Y demal oftlti. application. ,.- ..~ ~., ' RICHARD H. PRITCHETT, III 4/5/06 Si ature Printed Name Date Uniform Land Use Application (rev, I/03) Page q of 2 ~ .1. 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: :I Provide specific LDR ordiDance citation: Are there other similar uses in the area? Is so, descnoe: ~y 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: Descnoe Variance sought: TO COMPLETE BILLBOARD WHICH IS .-80% COMPLETE. WE WIl.L CONFORM: TO 13 ON LETTER FROM CITY Describe physical characteristic of property that makes variance necessary: NORTH SIDE OF PROPERTY LINE BACKS (RMF) Did you cause or contribute to the characteristic? Is so, describe: NO What is the minimum variance necessary? A VARIANCE, SO WE CAN COMPLETE THE WORK WE STARTED WHEN WERE GRANTED A BUILDING PERMIT TO BUILD THE SIGN Uniform Land Use Application (rev, 1103) Page 2 of 2 III r- I ....._ __ ,.......'-v,..- .,"""'...&.'" UQV'C'" t:lPR. 6.2006 1Z: 4i'F'M COHl:L Y So CONEL. Y PA . OO.:JI-"'O.:JI-;:).c::~~ ~. 1 e.. NO. 759 P,Z Il(~ KI".~/;l ~ ' .~ri 1:0... 21l r,'.I!i. t 82 , . 1*:-- ~-......"'".. . &IIIWA 'IuMI C;"';'\ao -~ . 1'- ------. ...-- 1l.....M'!i '* ~ _-_ ~. '!J.::! .,,/> I.....:" ~'... ,: -.,;jj ~ $-,.." -..,.....-...., 3-1~~!l6~~J[1., ~;~S;;::.- GrRlllC~S~: D)~, -:":LA ,qq _.' ,.> ~. , ~_ W""'kA..~'T\" ~ TJUS~ DEED tobi:le du~ ~ft1 t!ly of J\&1)o 1m, lit ROlU1'V. DAVE, h.~l.eafler ~A,;I'or. &I) RORlT 'Y. PA'VE Dftll .JANET t. 1)A\f~ hat ..6Ft, o;obl))t' pot.lOl&a ~~; S.W. Ulll S~e&. Ok..~e. tloridll ]491-'. bel do.r nUed ~tee: ~~ . ~""''''N''''''' t..,...>>. . ......rY6(.~wa* a>>N~a.o.l.s 1_ ...-.........."...11 ~I....k~ fC".....,.,.io,.. .... ..... '" ~... - ... ...... '" ~"""""I. ~: .rutor, ro. ADa 1/\ cOlUiIlcratiot. O~ r..ovi AND ,. oJ ~C1'lON lad otJw. V" ~ cOlUi.te,.!illAL 'Hel'" whnect 1511e,eb)- !C.K;IIOwlc:llp4.. ~*"" s,..,.w., ba<pi615, J6ns:r~ n"Di~ r.~IlSn, C'OIl~ Mli _6. III Iltllo clu: g,JIIlIal. .n Ibm Ctlnifll.all4 lilii(tUlJ Okceetlobe:e 010..,.. FIorifJ.. 'IliA: , . '1\ 1.CD 11, It 13 U~d~. 28. NORllIWEST i\.DDmO~ TO OKEECilOBF.E. acowdiA;. pial thcleQln,e01del'i in PIal Book I. \>&&lr 25. pult1ic ~ of i<llt)', f'loC'iOa. THE PRO.Qn HEllBB~E.,(ED IS NOT '11i'C 110M!:" 1'EAJ,) OF aFt.ANl'OIt NOR DOes JT ADJOIN GAANTOR.'5 HOMESTEAD TOOE'THtJ. witb all tt... te!lecnel't$, IIcrcditBlIletl~, ilDd aJ>!)ll",ila.. eN ibucto belaOllDl or 1ll auyw;H appm.oiDlns. TO ltA\T1: Al'ID 'ro HOW, [he IA1TIG ir> r,,<: )lll'Iple fOfC"U, .\ND rhe &lar.tor IIc:reby .:o'tll.aa~ 'oV,th ..,..ici lr:m1€1'J fW \h~ SlD(IlT M IIIWt\!af liC.iDd of ~d IaJl4la tl:tllimptc~ t.};ot tbe &'1'Dl4r "'Ai io()d 'labl ud );lWtlIl aUGolU)o to .>OD ... iCODVC)' laId Ju4; 'l!Ialllle enolO.. Ilcn:by fuhy wuranU i.b "de 10 Slrilf ll.lld aDCt will r.lr.fcad tlM ,~ apiD6t lite llW!ulldlliA1l1 of an p<:nna ...bw>_r; aDd IU\ ..16 I_Ii i& he of all &DC>>.~. aalpE tun ICaIlmJ ..ub..qve'at 10 DcCeIPMI jj. 1m. ~ _tiolaI. ~ atId e_lI1el1t'1 of fCcobi, It .~. whiqla ar. gOt lchnposecl hecDOy. I~ Wl'I'HHSS WBtREOF, tIIo ..id arA6lo.- tID -'''!led aDd su1r4 Ll>eiC pftialU 1M dllf UIt Je.r lint 1b1Ml wriUaa. ~~~ ~::~* ~ Wil'llllll'lI NIIJIIlIt ~~ 1)pe W1t:u1h JIl... . i,O~ . c..~ S.W. 1>> SQe~l o..ccdlaboo, fL ~~4 _(StAL) ~.L: ......;:~. . ~;--;~- -~ -:-~~r.~r~~':~:::- ::~iii~~:~ Hpr UO U5 Ol:25p Rnhit Dav~ APR. 5.2006 12:47A1 COHELY & COI'IEL',' Fl~ ~ OKaCBOIIEE ()Ir noRiD.t. 'i:;(,~ fOR'" ~t...lIS AClr.nqa..ledtell bc>>l'611JC thi, 'c. eta, of;l1ty 19t9 by 1t0Wll' Yb~VE. . ( n) .. pomoaaJly ~,'DW'Q to 1M I)f ( ) ~ · DriYor'I 1Jm~~.~' J ~ a / ~ w:i,t'fll. ~~ .i;# .J ':..r.... ~ lolatary Ie ' /~- ~ ~ qfJ ~ ~~ ~~ ~ ~ ~-4 ,,863- 763-5299 NO.'i'59 . "C , .. 'I ~042tl rLfi[ I a22 ~.fI\ ria f, . .... ............., .- ...... -..- " -..................... :A~ . ~:.:: Q~ ... ~. ~~ ~i ~ oQ h :..... ..... ",... 5 ;:$ oU cr ~~ ~ :~~3 ~ ,.& cc l/') N t"1 . ~ " ' - '''O,;,i.. .. ......,. ~. ......' ..' .'..' ...,--;L\"I' ~, ~-.. ...... ",. ':" -,..,. .....~l':;"""\...".:,.,..~.~:... . '":0 .~.:: ~~_:_~~-;.~?I" :.,-.-..... ~t'!.=~~ - -,:~i1" p.i?' P.3 . . City of Okeechobee City of Okeechobee Building and Zoning Department Katrina Cook GenernJ Services Coordinator, ex!. 21 S Email: kcook@citvofokeechobee.com :I Betty Clement General Services Secretary, ex!. 217 Email: bclement@citvofokeechobee.com 55 SE Third AVet;lUe Phone: (863) 763-3372 Okee,~hobee, FL 34974-2903, Fax: (863) 763- J 686 www.cltyofokeechobee.com October 26, 200) Mr. Richard Pritchett III Centennial Builders of Lee County Inc. Fort Myers, FL 33902 Re: Permit #482-05-05 Dear Mr. Pritchett: This letter shall serve as notification that the above reference permit for the construction of an off-premise sign at 1020 NW Park Street has been revoked. No further construction may be completed lilltil thr following issues are conected. 1. Confol111ance with Okeechobee Code Section 90-572 (3). "No off premise sign , I shall be located within 300 feet of a residential district,". TIlis sign is located approximately ] 50 feet from a residential multiple family (RMF) district. A variance will be required to erect the sign in its present location. A copy of a v31iance application has been included with this letter. 2. ConfOlmance with Okeechobee Code Section 90-572 (1). "Off-premise signs shall be calculated as part of the total signage allocation for the property on which it is located." Allowable signage ;s calculated at 1 'l2 square feet per linear foot of property on a frontage street plus 1 square foot per linear foot of property on a side street. A total of 442.5 square feet of signage is allowed on this property, please provide calculations including exist free standing sign on property and all building slgnage. 3. ConfC)rmarlCe with Okeechobel: COde Section 90-568 (3). ;'One ground sign is permitted in the front yard, and shall not exceed 30' in height, nor...". The proposed off-premise sign will be the second ground sign on tins property, and ti1e sign pole thathas been installed along with the proposed sign cabinet will exceed ti1e 30' maximlill1 height allowed. A variance will be required for tile second ground sign (application included), and the top of the sign cabinet will be required to meet the 30' height limitation. After receiving the required variances and submitting tile con-ections to size and height of the off-premise sign the revocation of this permit will be lifted and construction may conunence. Should you have any questions regarding this matter, please contact me @ (386)804-9034. 55 S.E. Third Avenue. Okeechobee, Florida 34974-2903 . (863) 763-3372 . Fax: (863) 763-1686 J ... ,j t 5 f;'" ~ ~ ~ 7-.3 ..a1,{J ~1Il ~o ~~ 3i j ~4 ~ ~ , i ), l I '- . L ;-, ~J , .......""~_.........,-~ \1 - I I I AI tAl t ! j j)l ~\ ~l Q.... Ji ~l """' ' , , O} rJi 0\ -- ; ! -,.._--""._"=....-.......""""""""'-'"-"'!<""'T__'.~._-'''':?....{\(~.-''~.,,\\~-...:J'''_'''''........ ~'\- -:::;. ,~ j ~ i € ~, ~ I l t I 1- , i ~ ~ I ~ C'\i , ) t , ~ I I ,.. I I ~ , } f ~ ~ ~ i I , I ~ I I ~ p. J I f I I t Oi N OJ! , ~ ! RIGHT OF WAY 04/ln FLORlrfDEPARTMENT OF TRANS.TATION Outdoor Advertising License And Permit Office :I Outdoor Advertising Permit: 54276 THIS IS TO CERTIFY that in consideration of the statements contained in the Application for Outdoor Advertising Permit, the applicant is issued this PERMIT for the erection and maintenance of the outdoor advertising sign described in the permit application. Under the provisions of Chapter 479, Florida Statutes, this PERMIT is valid until such time as it is cancelled, revoked, declared void, or expires. NOTE: Pursuantto Section 479.07(5)(b), Florida Sta;~utes, failure to erect a completed outdoor advertising sign within 270 days of permit issuance will result in th,e permit becoming VOID. ISSUED TO: CARTER PRITCHETT ADV THIS PERMIT IS VALID ONLY FOR THE LOCATION STATED IN THE APPLICATION AS SPECIFIED BELOW: GENERAL LOCATION DESCRIPTION: 200 feet west of NW 10th Avenue SPECIFIC LOCATION: COUNTY: Okeechobee STATE ROAD: SR 70 RCI SECTION: 91070000 DIRECTION:~ MILEPOST: 8.716 SIDE OF SECTION: b SIGN READS: R RCI REFERENCE FEATURE: NW 10th Avenue DISTANCE FROM FEATURE: 0.030 Miles DIRECTION: t:! SPECIAL CONDITIONS: Annual renewal fees are due by January 15 of each year. The Department will send a notice of renewal fees due by October 15 of the p,eoeding ye"" to yo[tss oheco~d. SIGNATURE, -; fD [IJ-J m ClfiD--- DATE' /}~J.q~05 Permit detail information may be verified at the Department's web site at: www2,dot.state.fLus/RightofWay/dbhome,asp by entering the issued permit tag number. Noted discrepancies should be reported to the Department at the web site shown above, or by mail to Mail Station 22, 605 Suwannee Street, Tallahassee, Florida 32399-0450, or by telephone to (850) 414-4545 cc/3cJ r<oh :+- -~ 10 to ~..c-'7) ct. '/..~ FORM 575-070-13 RIGHT OF WAY 04/01 FLORIDA DEPARTMENT OF TRANSPORTATION Outdoor Advertising License And Permit Office' " Outdoor Advertising Permit: 54275 THIS IS TO CERTIFY that in consideration of the statements contained in the Application for Outdoor Advertising Permit, the applicant is issued this PERMIT for the erection and maintenance of the outdoor advertising sign described in the permit application. Under the provisions of Chapter 479, Florida Statutes, this PERMIT is valid until such time as it is cancelled, revoked, drclared void, or expires. NOTE: Pursuant to Section 479.07(5)(b), Florida Statutes, failure to (erect a completed outdoor advertising sign within 270 days of permit issuance will result in the permit becoming VOID. ISSUED TO: CARTER PRITCHETT ADV THIS PERMIT IS VALID ONLY FOR THE LOCATION STATED IN THE APPLICATION AS SPECIFIED BELOW: GENERAL LOCATION DESCRIPTION: 200 feet west of NW 10th Avenue SPECIFIC LOCATION: COUNTY: Okeechobee STATE ROAD: SR 70 RCI SECTION: 91070000 DIRECTION:g MILEPOST: 8.716 SIDE OF SECTION: b SIGN READS: b RCI REFERENCE FEATURE: NW 10th Avenue DISTANCE FROM FEATURE: 0.030 Miles DIRECTION: t! SPECIAL CONDITIONS: Annual renewal fees are due by January 15 of each year. The Department will send a notice of renewal fees due by October 15 of the preceding year, to your address of record. SIGNATURE, ~ (Y)~ DATE: 7~;1 q ~{):5 Permit detail information may be verified at the Department's web site at: www2.dot.state,f1,us/RightofWay/dbhome.asp by entering the issued permit tag number. Noted discrepancies should be reported to the Department at the web sit~ r~~()wn above, or by mail to Mail Station 22, 605 Suwannee Street, Tallahassee, Florida 32399.1' 'ephone to (850) 414-4545 L~/~q Okeechobee County Property Appraiser - W.C. Bill Sherman, CF A - Okeechobee, Florid... Page 1 of 1 . e . Okeechobee County Property Appraiser -Interactive Record Search & GIS Mapping System - HOME Record Search .84 Fie ~ (3 14 15 16 17 18 19 20 21 1Q r-_ ill !ill ElIEl .[. ,[, ~J Sales Report 210 GIS Map General Info Exemptions f' Tangible Tax Links FAQ Download Forms Contact Us g ill 12 13 14 15 11> 17 I:J) I I ro ~ I 8 i, 7 I .,1':. 8 ~ 194 &:I ~ 7 8 ~ 75 f:U ~ 10 9 8 100 .ED v,...... ~ ~ 121ID 7 8 13'100 ID 14 15 16 ffi http://www.okeechobeepa.com/GIS/Search _F .asp 1~ 20 m , I S) I I i I I I 1142 i i ~ tl~D 15 11> 'iJj17 lB 18 ~ 19 In 20 21 I !8lB~ 1Q~E-l ~-------~ ------- ------~- --... <-s~ '..~t--, ~ - 2 ~.~ ~I "".~.~ q--~---~ ---...._- &r.~__ ." N 6 5 4 3 2 00 18 1Q Qi ~ 20 21 22 23 10 3) ffi 20 ffi ffi ~ 11 12 13 14 15 ID N.W,3 RD STREEr 10 9 8 7 6 In W ::l z: 11 12 13 14 15 ~ :I: ID ~ ~ ~ N,W,2 NO STREET z 1Q ~ 6 15 STIJE ROAD 70 10 9 8 7 ~ 12 13 14 15 s.w, flo\RK STREET 10 9 8 7 6 I 11 12 13 14 15 00 4/6/2006 lti t.l~ ~ ~ r1 .W .. r r\J ~~~ " II_-t ~4~ r<\ N ~'rvv 1'\.1-11 ~. ~ ...". a: w .R1& ~IC ~ ~~ UJ o r ~ \I' ".1' e . April 5, 2006 City of Okeechobee 55 SE Third Avenue Okeechobee, FL 34974 Re: Application for Variance or Special Exception Parcel Identification Number: 3-16-37-35-0160-00280-0110 This letter serves as an Affidavit by ourselves, as owners, to allow Richard H. Pritchett, ill as the Land lease Lessor, on the above referenced property, to apply for a Variance or Special Exception, to allow for a billboard to be built on the property. Sincerely, ~ ~tLfj 06 Rohit Dave State of Florida County of Okeechobee . J Sworn to and subscribed before me this /f!';;.y of ~ 02tJJ.6 . Pe 0 ally known to me L or produced as . e .Iication and id/ id not take an oath. Notary Public, State of Florida ? ho Y\cl Q A l TYnttY\ ~\\\,'''II''",I,1. Seal ~\~"'O~OA AL l;1tl~II~ ~ (')"."\, ........ ~ ~ ':..~\A\SS/04' ;~..~ \, ,.. .c,<:::i "14 "'-fA. "" ~ .. ~ ....:a\\\ , <On ~ .. ~ =: :~ ~ 'fp -~. ::. =*. (JJ: = =: ..... :*= -z. . - ~~~. #00275175 !':!Z:~ ~"J'!:.~ B.._......~;:- ~ ~..~"'.;"'1/18lll\ll\\.....\...... ~~ ~ ,0. ...'ubr/C lJnde"'~.. <.:v ~ ~ Z,SI ........ 0<( ~ ""1. <-Ie, STAit:. ~,\.... ""''',,",,\\\\~ THIS CARD MUST BE lc#OSTED AND VISIBLE FROM THE CLOSEST STREET UNTIL CERTIFICATE OF OCCUPANCY OR COMPLETION IS ISSUED. BUILDING PERMIT ~'ff;.oS"-OS13 Il1dependent Inspections Ltd. 1-800-422-5220 This permit expires in 180 days if work has not commenced or it has been over 180 days sinct; the last approved inspection. -I D ELECTRIC NOTICE: FOR: ~ BUILDING D MECHANICAL f3i II &t2rd PLUMBING D ISSUED TO: tm"trr-;"ff' Pl"":/1a ~.l~1! ~lQ .j)I1t! · SITE ADDRESS: .~ ~. ~_ _t,.,.~ ISSUEDBY~ ,','(.. DATE: S.~'oS- 1-800-422-5220 INSPECTIONS> 1-800-422-5220 f TYPE INSP INIT & DATE TYPE INSP INIT & DATE TYPE INSP INIT & DATE T-pole Underfloor Plmb Underfloor Elec Pilings Grade Beam Monolithic slab Slab Footing / Other / Footing Ground / Fill Cells Tie Beam Lintel Rake Beam Wall Sheeting Roof Sheeting Trusses Framing Wall Assembly Ceiling Assembly Rough Elec Rough Gas Rough HVAC 2nd Rough Plumb Stack Test Sewer Tap Insulation Temp Power / Final Building / Final Electric Final Gas Final HV AC Final Plumbing Other Other Pool Steel Pool Bond Deck Steel Final Pool IIWARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT" f=S 713.135 e e April 6, 2006 Carter-Pritchett Advertising INCORPORATED AR OU~Aa$~C~~.' Okeechobee Building & Zoning Dept. 55 SE 3td Avenue Okeechobee, FL 34974 Re: Letter received from Buildin g &"'1.d Zoning Stop Order, Permit Dear Sirs: We are writing this letter regarding the Le.ter we received fi'om the City of Okeechobee Building and Zoning Dept.. stopping us from continuing construction of our billboard structure that we had received a permit for. We relied on the fact that we received the pennit and followed all procedures regarding the permit, also obtaining a pennit for construction from the Department of Transportation. We bave spent, to date, over $40,000.00 for the conS1l'U(,'tion of this billboard. We are willing to adjust size of the sign to conform to "signage size regulation". This has become a major hardship for our company. and your consideration will be appreciated.. .---~_."- Roger Pran~,ky .,..._.~:::::.-::,. Leasing Re;Jresentative Carter-Pritc,lctt Advertising, Inc. RHP/ca P.O. Box 36.~ g . North Fort Myers, FlorIda .B918 Tel: 239'543.1110 Fax: 239'543'2122 . Page 2 October 26, 2005 Sincerely, ~tf:~ 1110mas Forbes Building Official Cc ;/ Brian Whitehail, City Administrator John Cook, City Attorney Katrina Cook, General Services Coordinator . . April 5, 2006 City of Okeechobee 55 SE lbird Avenue Okeechobee, FL 34974 Re: Application for Variance or Special Exception Parcel Identification Number: 3-16-37-35-0160-00280-0110 This letter serves as an Affidavit by ourselves, as owners, to allow Richard H. Pritchett, III as the Land lease Lessor, on the above referenced property, to apply for a Variance or Special Exception, to allow for a billboard to be built on the property . Sincerely, ~ tlafj 06 Rohit Dave State of Florida County of O.keechobee . J Sworn to and subscribed before me this ff!;y of ~ 0200 .6 . Pe so ally known to me L or produced as " e "fication and id/did not take an oath. Notary Public, State of Florida ?horvclQ A1TYnltr\ ," \j>' \\\,,"111111/1111. Seal ~\\~\)~~~~Lrff."~ ~ <<:..~\A\SSION;'.::1- \, ... .CJO "14 ~'.J-'. " ~ ..~ ~\\\ '.?a ~.. ~ ::~ ~ ~.. : :::*: cp. = =. ..... :*= -z. . - ~ ':3. ~ #DD 275175 : ~ ~ ~'?!;..~ A.__ ..{i;j~ ~ ~'..ii'",~d\\ll\\.~~' ~~ ~ ,0. ... UO/IC lJnde~'.. <>'; *" ~ Z,6'1 ........0<( ,# "'I/. <-Ie, STAi'\:. . ~,\.... ""I/IIIIlII'\\\~ Hpr U7 U6 U2:15p Pransk~ 04/07/08 FBI 14:%4 FAX 543 2122 239S422374 DICK PRITCRETl' R/E p.2 lib 001 April 5J 2006 City ofOkeechobee 55 SE Third Avenue Okeechobee, FL 34974 Re: Application for Variance or Special Exception Parcelldeotification Number: 3-16-37-35-0160-00280-0110 1his letter serves as an Affidavit by ourselves~ as owners, to allow Richard H. Pritchett, m as the Land lease Lessor, on the above referenced property~ to apply for aVariance or Special Exception, to allow fur a billboard to be built on the property- Sincerely~ ~. ~~,~. T DAVE 4~ IO~Cfo Date State of Florida County of Okeechobee Sworn to and !lubsct:ibed befure me this / D day of _ ~~ &, Personally known to me_or prodooedROi/C/O S as identification and did/did not take an oath. L /0 e/2Se..- ",~w..~.'>'" Melody Hodges ..:~~~~ Commission #DD27636& ~;:" ~.;1 Expicr.cllec 21,2007 ~;~"i OF f\.Q~,...' 'if6ftted .Thru '1'/11"\ Atlantic BondlDg Co., lne. . . LARuE PLANNING & MANAGEMENT SERVICES, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366. FAX: 239-334-6384 e-mail: larue-planning@att.net Memo To: Board of Adjustment Members From: James G. LaRue, AICP Date: August 7, 2006 Subject: Variance Petition # 06-004- V / Administrative Appeal In May of 2006, the applicant submitted a variance application for: 1. A variance from Section 90.572(3) allowing the applicant to construct a sign 150 feet from the residential district instead of the required 300 feet; 2. A variance from Section 90.568(3) allowing the applicant to have two ground signs instead of the required one ground sign; and 3. A variance to allow the applicant to exceed the maximum allowable height of thirty feet. At that time, Staff recommended for denial of the applicant's request for several reasons (see attached Staff Report). The applicant had applied for and received a permit for a billboard sign but it was not clear whether all of the information had been provided to allow the reviewers knowledge that all code requirements were or were not being met. The facts did show that the applicant had received the permit in May oflast year and was six months into its construction when the permit was revoked. At the May meeting, the Building Official indicated all items were satisfactory except for having two grounds signs on one frontage area. The case is now to be heard as an Administrative Appeal from the Building Official's interpretation as the Applicant disagrees. Section 70-371 (a) of the Land Development Code states that the "board of adjustment shall hear and decide an appeal of an administrative decision when it is alleged that there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of these regulations. " The applicant's request should now be handled as an administrative appeal to Staff's decision and not a variance request. JGLlk . The Okeecbobee News P.o. Box 639, Okeechobee, Florida 34973 (863) 763-3134 published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority person~lIy appeared h oath says she is pubhsher of the J d Kasten w 0 on . d t u y, DAILY Newspaper pubhshe a g~::~~~:::, i~e;:;ec:obee County, Florida; that the attached copy of advertisement, being a D "J' -r - \ -U..Ji..LA - /I ~ ~ IS~130 in the matter of . ii .' "7 0"- P uQk..... ~~ - :i-I - p~"^~ ~~~ f ~~ c{ ~;;r~ L~~ . the 19th Judicial District of the Circuit Court of .Okeec~obee ~ounty, Florida, was published in said newspaper In the Issues of -, - (l-~.J..\ ~ ,L./\,,{ 'J ~, ,", ~ .r i \ ,.-,L . Affiant further says that the said Okeechobee News is a er published at Okeechobee, in said Okeechobee a newsPFPI . d and that said newspaper has heretofore been County, on a, C ty Florida each published continuously in said Okeechobee oun, host eek and has been entered as second class mall matter a~ t e;, :ffice in Okeechobee, in said Okeechobee coun~/I~nda~f o~: period of one year ne~t prece~in~ th~~:s~e;cs:~~nthat she attached copy of advertisement, an a _ has neither paid nor promised any person, finn or corporatIOn an~ iscount, rebate, commission or refund _ for th~ purpose 0 ~ecuring this advertisement for pu~~~ation In the said newspaper. .-,--J-:- r--: __'.-) L C-~_____ ! ore methis i PUIIUC IlEARtll8I1OT1CE JGIOAIIDI8OARDOF AIlJlISl'MEIlT AIlD APPEAlS 8oInlI8oanI 01 and of 1l1e CIty of Obe- , , "wi meellIIlIIInfay, ~7J.f:r 1:81 ~.II. eras soon 1IlInaIt<< as possible. The meeIlr1g" dl:"' --. . cay Hal, 55 SouIheasl 3nI AnluI, In 1111 CaIndI ChamIlIII. Rilom 200, 0IIIIclIIlJII, RdridLTbe iIIms 01 _ cOnsidInIcIl.. rneelIng n: . Cor1Gld I PubIc 1UInI1D ~ 1II11d11c:e.. tnn IIlIIIl:It from 1l1e ...... 2511II. 20 11II lor ......... aI..... ClQlGIt ~ InlIC =~UW;:=:-2)~:Jr=..ow; I)M. I.IgII ~ ,LlIt 16"1, I ~ PIIIIlool3. PIlII20. PublIc RICords of 0kIIcII0bIe Co8nIy, florida IIId " IIIIIflIllimIhI f).lBIl ICII(s).1'IIIIon No.lJ6.OO5.Y. . Conduct I .PubIc Hnrfng to consIdlIr I SPECIAl EXCEPl10N 111 aIow 1l1e place- menlllld seI-up of I moIIIIII hornIlI1III was IlIIlIIAl:lured IOOI1lIh1r1 1M years prior to Ihe dill oIl111Jk11i1l (IIlLllR'S Sec. 9ll-1B9(B)) subntIIld IJf JJl1lIlertY owners lsue and CIiIderIIIa Ketie. Tbe subject IlIOP<<tY " IocIIed il1307 Soulh PlIrrolI Av1mue, lot #50, River Bend MollIe /lomi Park. PetItion No. ~E. . Conducl I PubIc Hnrfng 18 considIr I SPEaAI. EXCEPl10N III aIow 1l1e place- mentllld seI-tlP 01 I moIIIIII hornIlI1III _ IlIIlIIAl:lured 1OOI1l'" 1M ,... prior 10.. dill 01 = /III. LIlR's SIc. 9ll-1B9(B)) subntIIld IJf JJl1lIlertY owners lsue III1d 1lIIIiI. TlllIUIliIcl pnjpIrty " IocIIIId il1307 SouIh Parrott All...., lot #49. River Bend MoIlllI Homi PIIIk. ' PIIilIon No. otHlO9.SE. . CoIIfuct a PlIbIc Hearfng 111 ConIIdIr Rezlri1g AppbIion No. 06-005-R. Craig M. HacId suIJniIIed 111I appIIcaIion on behalI:= 0WIIllI5 H2O HoIcIngs, liC. The IIIlPIcaIIon Is 111 =- lIIIIir.I for...... A IIool fleSj- denIiaI Mobh HomI (RMH) 10 .COmmen:III lIId PIrcII B from Hold. ~~~~~I'ais%=-="~~)~ gal descrlpllon: I'll.. A: A pllClf 01' In Iytng In SecIIon 15, Township 37 SouIl, Range 35 East 0IleecI10bee CounIy, FliriIa, lIId being IOOI1l Pri:UlY dIscIibed as follows: ' COMMEIICE . .. SoIIhII&I c:omer 01 Slid Section 15"; Ihenee along 111I SouIlh 01 SaId SIdIon 15. 5.89W4O'W., 486.26 feel 10 a JJOkt 00111I Soulh h 01 Section 15; hncI N.llO'57'2O'W, 63.48 fell; hnce N.llO"16'59"W, 250.90 flit II1InI:I S.B9'54'49"W, 186.29 feel 10 .. POINT Of 1lEGlNNtlG; I1enl:t conlinuI aIonII SaId h S.B9"54'49"W., 674.15 flit hncI N.OO"13'56"W., 943.BO let!; tfienc. N.B9"ll1'OO"E., 336.67 let!; thlnce N.00.15'2B"W., 49.99 fnl; \tIenc1 N.B~336.64 1101; thence S.OO"16'59'f.. 1002.57 11II111 .. POINT OF SlId pmlI COIDns 15.05 acres, IlIOm or less. l'IIn:IIl: A pan:tI 0I1l11d IWlno In SIcIIon 15, Town- ~ 37 SoIM1, _ 35 East OlaltIcIloIIIIl:ounIy, RorIdI, lIId being IOOI1l par- llcularly described as loIlows: COMMENCE 8t1l1l Sou1l1eut comer 01 said Section 15; llIence along lIIe SouIIline of Slid Section 15, S.B9'02'4O"W., 486.26 feel 10 a poInIlIIll1e SoaIlIIne 01 SIctlon 15; IlIencI N.llO"57'2l1'W.. 63.49 feel; theIIca N.OO"I6'59"W., 250.90 110110 1l1e POINT Of BEGINNING; IlIence S.B9'54'49"W., 186.29 fell; hnce N.OO"13'56'W., 276.78 feet; thence N.B9'02'4O"E.. 186.30 fell; lienee S.00"16'59"E., 279.61 feel 10 111I POINT Of BEGINNING. Said pa-ceI C01IIIins 1.19 acres. ITIlre or less. . Consider an Appeal of an AdrnInis1raIive Oeclsion by 1I1e IluiIdnp OfficIal. (ref. LOR's Section '19-371). 10 Issue a cease lIId desist onler for a Sign Permit No. 482-1l5-O5. The Appeal was IUIlmiIled by proptIty _ Janet lIId RoIit lJaye. The subject property is IocaIed 111020" West NOfIlI Park Slreel. 1lis IBm was tabled 811111 June 27. 2006 meeting. Consider Ill\' lJlOIl(lSCd iIIIIIIdmenls. submilIetI by CiIy Stall or ciIizIns, 111 the Cornple/lensiYt Plan, which include the land 0ml0IlmenI ReguIaIions (UlR's) and render a recommendalion 10 the City Council for consldelalioll and final adolNi. A copy of the enIirt ~and agenda III IVIiIaIlIe in .. General SenIces Ollict. Am 101. HIlI or, caIinQ filly ClImenIeB63l7li3-33 72 x 21B. PIeast be IdvIsId Iha1II1I B 01 ~ lIId Is wII SIMI as .. de- clsion maIIInQ bodr ~, on behalI ollie 111 IIIlPIViI or deny Spe- cial Exclplions or Vlrianee ApjJHcdon(a). TIlt Board .. IIIIke ,....,,,.........10 the CiIy Cotn:IIor cansIdInIion and InalIdoplIon 01 Com- prehensIvt Plan AmIndmIrds. RtzonInQ App/lcIlions and Land tltvllopment ~ (UlRs) Arnnln1enls. PlEASE TAKE NOTICE AND BE .IIMSEO lhII . !Ill person desires III lIIlIIlIIIlIIY decision IIlIlde by the PInling IlolnWoInI 0I1\111USl1l1DS and AjlpIals willi re- specllIl any I1lIIIIlr ClII1SidIIId 111Iis 1llIIIInQ, or IulnQ wi need 111 _ a "IIIIJatirn record of 1Ile ~ is made, which recordlncUles 1I1I1Islimony and llVidencI upon wtich .. 8IlPflII1s 10 be blSld. Tapes n' used for the sole pgpose 01 b8ck-llp fIJr Ihe CIeltis Office. In acconlllnce wIIh 1Ile ArneticlIIS wIIh IlisetIiIltiIs Act (ADA) lIId FlorIda SIaIuIe 286.26. persons will disIIliIIIas needinQ speciII acconmodallon 10 parflcipaIe in Ihis JlIOCIfllInIlllllcUd conIICt IIIIIy CIImIIt, no IaIIr Ilwl two (2) wmInQ days prior 111 the IIocedla 111163-763-3372 x 218; . wou nlllllilQ or WlicI in- paied. tal TbO 1.222-3448 (vdce}or 1-8447.5620 (TTY). BY: Brian VtffiBhaI, ZoIing MrinislraIor 152130 ON 8i1,l1lO6 . . MEMO BOARD OF ADJUSTMENT RE: APPEAL #06-004- V Janet & Rohit Dave This matter is before you as an appeal from a decision by our building official. Your decision cannot be further appealed to the city council; the petitioner would have to seek relief in the circuit court within 30 days of an adverse decision by the board. Pertinent to your decision are the definitions in our LDR's at 66-1, which include: Signs, number of means that a ground sign shall be considered to be one sign where matter displayed is related to one use, and shall be considered multiple signs where matter displayed is related to more than one use. Signs, off-premises, means a sign directing attention to subject matter located on another property, and includes a billboard. Sec. 90-447. Yards on corner lots. Any yard adjoining a street shall be considered a front yard. One front yard is required to comply with the minimum depth requirements of the regulations of this article, the second front yard shall be not less than 75% of the required minimum depth. Discussion: As you can see from the letter of Jim Larue, our building official believes that the petitioner can now comply with all sign regulations, except the requirement that there cannot be more than one ground sign (as defined above) The legal problems I see in this situation are mainly two-fold: (1) a representative of Independent Inspections, who is our legal agent, issued the original permit in May 2005, and the petitioner proceeded in good faith on that permission, and expended a large amount of money prior to the permit being revoked. We can of course revoke a permit improperly issued, but that leads us to problem (2) which is that 90-568 states "one ground sign is permitted in the front yard"; here, the property is on a comer lot, and as you can see in the definition above, this property would seem to have two front yards; therefore, does that mean one can place two ground signs at a location since there are two front yards? . . The answer to this question could go either way in my opinion. However, since the only way to find out the answer is to litigate the matter in circuit court for months, and considering the petitioner relied on the original permit, if we should lose such litigation, the costs would be prohibitive. Therefore, it is my legal recommendation that the board grant the appeal of petitioner, which would in effect overrule our building officials revocation of permit. The petitioner could then complete the sign in accordance with all sign regulations, and the answer to the question about two front yards and two ground signs could be cleared up by future LDR amendment. J.Cook . Parts/Repairs 4045 - INEVILLE '86- , PW,PL, looks t, dependable, :02)634-5298 93, $2500. Or l3)634-451Q - EElWOOD 1959, ;, Battery, Tune d. Beautiful car. Iii HOOD: For 80's & 90's Ford Van (New in box). $85. (561 )676-0427 RIMS; (4) 16X7 Dodge Ram PU Rims, semi metallic silver w/clein coat, lits. 96-01 $200 neg. (863)697-8906 RING GEAR & PINIONS- ask- ing $150 or best offer (863)467 -8856 TIRES & WHEELS, 4, Chevy 5 'lug. '92-'2000. $100/. (863)610-1000 TIRES: (4) Rts 2003 Pick Up. $200. or best oller. (863)634-4076 TONNEAU COVER, A.R.E. Fi- berglass, Fits '01-'03 Dodge Dakota Quad Cab, white. $350 neg. (863)697 -0328 ' TRANSFER CASE. lor Chev 350 engine, auto, $300 (863)357-2658 alter 5pm ,NCO '93- 4x4, lest offer, will con- or car w/ AlC in 1839-4883 - , '03, new condi- dshield, curtains, 00. (863)697-1350 63-2063 . R, RelurbiShed, or best oller. .2549 7, 3 wheeler, good ood batt & charger 863)697 -1350 or 3-2063 -- IS, used, 17", will lit )nda/Acura, good $500 or best offer. 43-1777 Iv. msg. for '62-'65 Volvo Sedan, $200 or beSt will sell separately. 135-0772 IRNOVER BALL , fits '03-'06 Dodge lot Mega cab. $250 or er. 407-402-2690 ER SHELL. .8' Fiber- Maroon, Sliding win- Ironl/side New $1200. $350. (863)509-3260 V CAPRICE '86, Does n, needs motor work, 4 res. $600 or best offer. 196-9264 SPRINGS: 3 Sets for lGE 3/4 Ton Pick Up. o lor all. (863)634-3070 IT END from Jeep CJ5, ocking hubs, 2 wheels & s, $50. (863)763-1370 Pickup Trucks 4050 CHEVY Cl0 SILVERADO '81, Long bed, 350 eng., auto., a/c, strong eng. & trans. $3300.neg. (863)697-0241 CHEVY S-10 EX-CAB, '87, small V8, 700 R4 trans.. very clean & runs well, $2500. (863)697-2525 CHEVY STEPSIDE PICKUP TRUCK, '64, runs good, little rust, 62k mi., $2499 lirm. (863)467 -0380 DODGE DAKOTA '94, Needs engine rebuilt, body good condition w/toolbox. $500 or best offer. (863)763-2379 FORD :88 F150 4X4 82k miles, V8, XU Lariat, 2 tone paint, match.wheels/tires & more. Must Sell $3800. 863-467-6875 FORD Fl00, '83, auto, air, 300 6 cyl., 2 tone blue, $1300 or best offer. (863)467-8464 FORD F250, '84, diesel, manu- al trans., 4 spd., runs good, great work truck, $750 or best offer. (863)228-0580 FORD RANGER '84 4X4 V6, w/title. Needs alignment. Perlect Play Truck!! $2000 or best offer. 863-254-3580 GMC 1 TON PICK UP 1988, Asking $500 or best offer. (863)610-2190 Okeechobee NeAeSday, August ~, 2006 Pickup Trucks 4050 TONNEAU COVER. FI1rida" - Line, Rts '99-Current. Ford Su- perduty Shortbed. Maroo mos. $700. (863)467-8248 Sport Utility 4055 BLAZER S10 '93- leather in- tedor, exc condo Labelle area. $2495 (239)938-43?1 CHEVY S10 BlAZER- '88, $1000. or .best oller. (863)467-7124 Call alter 4:30 pm FORD EXPLORER. '98, Eddie Bauer, Loaded, Excellent condition. 66,750 mi. $6490. (239)340-9407 Utility Trailers 4065 CAR HAULER Dual axle, elec. brake, alum. ramps. $1500 (863)697-2434 CAR/EQUIPMENT TRAILER. 16' deck + 4' dove tail. 2 yrs old. $950. Call Sam at (239)633-7173 MECHANICS SPECIAL. Tool box trailer, utility truck bed, will hold 4 whler, lots 01 stor- age $500 (863)467-6475 STORAGE SEMI TRAILER, ap- prox. 35 It., with tires, in good shape, $500 or best offer. (863)763-2692 Vans 4070 CHEVY ASTRO VAN 1993, $1000. 863-467-1000 DODGE 250 PASSENGER VAN '89, 3/4 ton, aulo, 360 good shape. $1200 or. best offer. (863)673-5062 DODGE 3500 EXT. BARGO . VAN '98- orig miles, runs great, cold AC,some rust, $2000 (561)722-9565 Okee DODGE B150 VAN '84, $600 . (863)532-0133 Ford Hightop Van, '89, V8, lull power, sola bed, TV, CB ra- dio $2000. LaBelle Area. (863)675:4970 Leave msg. 8UYInI a ClI'T lOOk III thll classllledS. Se\UIII a ClII'T lOOk III thll c\aSII- I\edS. IJn8 ....s trUh Is 1IIOtII- 81' IIIIR'S 11'''''''' 111'II YlIII' tI'lISII to . wI1b an ad In thll c\lISsP 1IBdS. Public Notice 5005 Public Notice 5005 - IllIJlIlOlA lIl1sdJalt PUBlIC HEARING NOTICE PlANNING BOAllDIBOARD OF ADJUSTME1lT AND APPEALS NOTICE: The Planning BoanWoard of Adjustment and Appeals of 1he City of Qkee- chobee, Aorida will meet on Tl\UTIday, .AuGusl17, 2006 at 6:00 p.m. or lIS soon thereafter as possible. The meetinll will be held at City Hall, 55 Sou1heaSl 3rd Avenue, in 1he (;(Juncil Chambers, Room 200, QkeechObee, Aor\da. The Items of considelafion at this meeting are: o Conduct a Public iieannu to consider a VARIANCE to redue81he!ront setback from 1he required 25 feet. to 23 feel tor 1he deVeI~ of a steel carport In !ront of existin!l garage (ref. LOR's Sec. 90-105 (b)(1)), submitted by property owner Frances Bialore-Gailfoil. The' subject property is Joca\ed at 14 j 0 SiJutheasI 8th Drive. Legal Description: Lot 161, OkeeChobee Estates, PIal Book 3, Page 20, Public Records of Okeechobee County, Horida and is approximately 0.189 acre(s). Petition No. 06-005-V. o Conduct a Public Hearing to consider a SPECIAL EXCEPllON to allOw 1he plaC8- men! and set-up of a mobile home that was manufaC\Ured more than five years prior to the date 01 application (ret. LOR's Sec. 90-169(8)) submitted by orooertY owners Isaac and Cinderella Kelbie. The subject property is located 'at j 307 South Parroll Avenue, Lot #50, River Bend Mobile Home Park. Petition No. 06-008-SE. . Conduct a Public Hearing to consider a SPECIAL EXCEPTION to alloW 1he pIae8- ment and set-up of a mobile home that was manutactured mere than five years prior to 1he date 01 application (ref. LOR's Sec. 90-169(8)) submitted by prooertY owners Isaac and 0 Cinderella Kelbie. The subiect property is located atl307 South Parrott Avenue, Lot #49, River Bend Mobile Home Park- Petition No. Q6-009.SE. . CondUct a Pubflc Hearing to Consider Rezoning AppliCation No. 06-005-R. CralIl M. Hackl submitted the application on bellalf of property owners H2O Holdings, LLC. The application is to change the zoning deSIgnation tor Parcel A from Resi- dential Mobile Home (RMH) to Heavy commercial (CHV) and Parcel I from H0ld- ing (H) to Heavy Convnercial (CHY), for vacant unplatled propertY loCated North of East North Park Street (State Road 70 East. across from 1he Post OIIlce). Le. gal description: Parcel A: A parcel of land lying in Section 15, Township 37 South, Range 35 East, Okeechobee County, Florida, and being more pri:u\aIIY deScribed as follows: COMMENCE at the Southeast comer of said Section 15; thenCe aIong the South ine 01 said Section 15, S.89"02'4O"#I., 486.26 feet to a point on 1he South fine of Section 15; 1hence N.llO"57'2ll'W., 63.49 feel;.lhence N.00016'59"W.. 250.90 feet thence S.89'54'49"W., 186.29 feel to the pOINT OF 8EGINNING; thence continue along said line S.89'54'49"W., 674.15 teet thence N.00'13'56'W., 943.80 teet; thence N.89.10'00'E., 336.67 teet; thence N.00'15'28'W., 49.99 feet; thence N.89'09'59.W" 336.64 feet; thence S.00"16'59"E., 1002.57 teet to 1he POINT OF BEGINNING. Said parcel contains 15.05 acres, more or less. Parcel I: A parcel 01 land lying in Section 15,1__ ship 37 South, Range 35 East. Okeechobee County, Florida, and being more par- ticularly described as follows: COMMENCE at the Sou1heast corner of said Section 15; thence along the South line of said Section 15, S.89'02'40'VI., 4B6.26 feet to a point on the South line of Section 15; thence N.0ll"57'20"W., 63.49 feet; thence N.00'16'59"W. 250.90 feet to the POINT OF BEGINNING; thence S.89'54'49'W.. 186.29 leet thence N.00'13'56"W., 276.78 feet thenCe N.B9'02'40'E.. 18630 teet thence S.Oll"16'59"E.. 279.611eet to the POINT OF BEGINNING. Said parcel contains 1.19 aCTes, more or less. o Consider an Appeal of an Administrative Decision by 1he Building OIIIcial, (ref. LDR's Section 70-371), to issue a cease and desist order for a Sign Permit No. 482-115-115. The Appeal was submitted by pfU\lellY owners Janet and Rohit Dave. The subject property is loCated at 1 020 West North Park Street. This item was tabled at1he June 27, 2006 meeting. . Consider any proposed amendments, submitted by City Staff or ci1lzens, to the Comprehel1sive Plan, which include the Land DevelOpment RegulationS (LOR's) and render a recommendation to the City Council for consideration and final adoption. A copy of the ~ntire application(s) and agenda are available in 1he General Services OIIIce, Rm 101 at City Hall or by calling Belly CIemefIl at 863 763-3372 x 218. Please be advised thal1he Board 01 Adjustme serve as the de- cision . judicial), ova or deny Spe- cial E Board will make recommendations to the City CoUncillor consldillation and final adoption 01 Com- prehensive Plan Amendments, Rezoning Applications and Land Development Regulations (LORs) Amendments. PLEASE TAKE NOTICE AND BE ADVISED that W any person desires to appeal any decision made by 1he Planning Board/BOard 01 AdjuStmel1lS and Appeals with re- spectto any maller considered at this meeting, or hearing will need to ~nsure a verbatim record 01 the proceedings is made, wflich record includes 1he tes\in1OI1Y and evidence upon wtich 1he appeal is to be based. Tapes are' used for the sole purpose of back-UP forthe Clerk's OIIIce. In accordance with the Americans with Disabilities Act (ADA) and Florida SIatUIe 286.26. persons with disabilities needing special accommodation to participate in this proceeding should contact 8eIly Clement, no later than two-(2) WorkInO days prior to 1he proceeding at 863-763'-3372 x 218; W you are hearing or voice Im- paired, call TOO 1_800-222-3448 (voice) or 1-888-447-5620 (TTY). BY: Brian Whitehall, Zoning Administrator 152130 ON 8/1,11106 ltaN ,~ , ., . , n tI f 11 11. f . . o!!I. . , , ." -'"' 'oup won't meet in July ng in July for the full coalition of the Early lrtin and Okeechobee Counties, Inc. For 9-8120. enior and cadet members, ..l C'...............c- Air Force Free pregnancy tests offered The Pregnancy Resource Center of Okeechobee, anon-profit organization, is now available to offer free pregnancy testing to girls and women of all ages. We offer free and confidential pregnancy tests, peer counseling, referrals for a free ultrasound, parenting class- es and abstinence education. Operating hours are from 10 a.m. until 4 p.m. on Tuesdays and Thursdays. Parenting classes are held at 7 n m. on Tuesdays. We are located at 1505 S_ Parrott Ave., across from . -' "',~ mnrp information on this or set . DIVISION 5. APPEALS; SPWAL EXCEPTION USES; VARIAN. Page 1 of 1 Sec. 70-371. Appeal of an administrative decision to board of adjustment. (a) Authorization. The board of adjustment shc:lI hear and decide an appeal of an administrative decision when it is alleged that there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of these regulations. (b) Process for appeal, notice of appeal and public hearing. (1) An appeal to the board may be made by a person aggrieved by a decision of an administrative official under these regulations. (2) An appeal shall be made within 30 days after rendition of the order, requirement, decision or determination appealed from; shall be commenced by filing a notice of appeal with the city administrative office; and shall contain a statement of the interest of the person seeking the review, a statement of the decision to be reviewed, the date of the decision, and the specific error alleged as the grounds of the appeal. (3) The administrative official from whom the appeal is made shall, upon notification of the filing, transmit to the board all documents constituting the record upon which action under appeal was taken. (4) The board shall fix a time for hearing the appeal, give public notice to the parties in interest, and decide the same within a reasonable time. (5) At the hearing, any party may appear in person or submit a written statement. (c) Stay of work and proceedings on appeal. Such appeal stays all work on the premises and all proceedings in furtherance of action under appeal, unless the official from whom the appeal was taken shall certify to the board that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, work shall not be stayed except by a restraining order granted by a court. (d) Board of adjustment's decision. Upon appeal, the board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination, and may make any necessary decision in the enforcement of these regulations and to that end shall have all powers of the officer from whom the appeal is taken. (LOR 1998, S 251) http://Iibrary3.municode.com/mcc/DocView/11366/1 /122/134/139 8/7/2006 > DIVISION 3. APPLlCATIOWD PETITION PROCEDURES . Page 1 of 1 Sec. 70-303. Erroneous issuance. (a) Permit voided and written notification. Permits issued on the basis of incorrect information on the application or in error, shall be voided. The applicant shall be notified in writing that the permit is void. (b) Legal action. If the error is not voluntarily corrected, the matter shall be referred to the city council which shall take such legal action as necessary. (LOR 1998, ~ 204) http://library3.municode.com/mcc/DocView/11366/1/122/134/137 8/7/2006 1c"-,cts\O~ermH\;_(eechl~omm~. 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MEMO BOARD OF ADJUSTMENT RE: APPEAL #06-004- V Janet & Rohit Dave This matter is before you as an appeal from a decision by our building official. Your decision cannot be further appealed to the city council; the petitioner would have to seek relief in the circuit court within 30 days of an adverse decision by the board. Pertinent to your decision are the defInitions in our LDR's at 66-1, which include: Signs, number of means that a ground sign shall be considered to be one sign where matter displayed is related to one use, and shall be considered multiple signs where matter displayed is related to more than one use. Signs, off-premises, means a sign directing attention to subject matter located on another property, and includes a billboard. Sec. 90-447. Yards on corner lots. Any yard adjoining a street shall be considered a front yard. One front yard is required to comply with the minimum depth requirements of the regulations of this article, the second front yard shall be not less than 75% of the required minimum depth. Discussion: As you can see from the letter of Jim Larue, our building official believes that the petitioner can now comply with all sign regulations, except the requirement that there cannot be more than one ground sign (as defmed above) The legal problems I see in this situation are mainly two-fold: (1) a representative of Independent Inspections, who is our legal agent, issued the original permit in May 2005, and the petitioner proceeded in good faith on that permission, and expended a large amount of money prior to the permit being revoked. We can of course revoke a permit improperly issued, but that leads us to problem (2) which is that 90-568 states "one ground sign is permitted in the front yard"; here, the property is on a comer lot, and as you can see in the defInition above, this property would seem to have two front yards; therefore, does that mean one can place two ground signs at a location since there are two front yards? ~. . . The answer to this question could go either way in my opinion. However, since the only way to find out the answer is to litigate the matter in circuit court for months, and considering the petitioner relied on the original permit, if we should lose such litigation, the costs would be prohibitive. Therefore, it is my legal recommendation that the board grant the appeal of petitioner, which would in effect overrule our building officials revocation of permit. The petitioner could then complete the sign in accordance with all sign regulations, and the answer to the question about two front yards and two ground signs could be cleared up by future LDR amendment. J.Cook .... -0-.... '-'..L . e DIVISION 2. PARKING AND LOADING REQUIREMENTS* *Cross references: Parking, stopping and standing, ~ 54-41 et seq. Sec. 90-481. Generally. . Off-street parking and loading facilities shall be indicated on a site plan and provided in accord with the regulations of this division. (LOR 1998, ~ 450) Sec. 90-482. Computation of required off-street parking and loading spaces. Computation of required off-street parking and loading spaces shall be as follows: (1) Computation of parking spaces shall be rounded up or down to the nearest whole number. (2) Computation of parking spaces based on floor area requirements shall be gross floor area. (3) Computation of parking spaces in places of public assembly shall be based on the maximum occupancy rating given the building by the fire marshal. (4) Computation of parking spaces based on number of employees shall be at the maximum work shift. (5) Spaces for the handicapped are included in the computations of total parking spaces. (6) Parking spaces for two or more businesses may be combined, provided that the total number or spaces shall not be less than the sum of required spaces computed separately. Where it can be demonstrated that the need for parking spaces from specific uses do not overlap in time, the number of spaces may be reduced by the number required by the lesser use. (7) Loading spaces for two or more businesses may be combined, provided that the total number of loading spaces shall not be less than the sum of required spaces computed separately. (8) When a building or use is changed, or enlarged in floor area, the off-street parking and loading spaces as required in this division shall be provided for those changed or enlarged uses. (LOR 1998, ~ 451) Sec. 90-483. Modification of parking and loading space requirements. Modification of parking and loading space requirements shall be as follows: (1) The number of spaces may be increased, decreased, or deferred by the city council when: a. A parking study demonstrates that the proposed use would have a demand in excess or, or less than, the requirements of these Regulations. b. A parking study demonstrates that the hours of need for maximum parking for two or more joint uses do not normally overlap. c. A building is in an historic district or is of historic interest. d. A building is in a Commercial, Central Business District, or Public Use Zoning Categories. http://library4.municode.com/mcc/DocView/11366/1/165/181/1 83 8/17/2006 ..... ILA-b- "- '-"'..I....... (2) The city coun( lay require the applicant to provide . Irking study when the technical review committee presents uata indicating that an increase or decredse in the number of parking spaces may be warranted. (3) An applicant may submit a parking study to demonstrate that either the parking or loading space regulations are excessive for the use proposed, or there is not a current need for all spaces. (4) A parking study requesting deferral of parking spaces shall contain: a. A site plan locating the total required parking spaces and designating the deferred spaces, and a landscaping plan of the deferred parking area. b. A written agreement with the city that the developer will pay for a study to determine the need to provide the full parking requirement and that the deferred spaces will be converted to parking spaces at the developer's expense should the city determine that additional spaces are needed. (5) The number of parking spaces shall not be reduced below these requirements where there is insufficient parking. (LOR 1998, ~ 452; Ord. No. 815, ~ 1, 2-4-2003) Sec. 90-484. Reduction of paved parking space requirements. (a) The number of paved spaces may be reduced by the city council when a parking study demonstrates that the proposed use normally would have a demand for the total required parking spaces only on one or two days a week. (b) Paved parking spaces shall not be reduced by more than 75 percent. (LOR 1998, ~ 453) Sec. 90-485. Reduction of parking space requirements in commercial districts. (a) In commercial, central business, and public use zoning districts, city council may reduce the number of parking spaces if the technical review committee finds that there is a surplus of on-street parking in the immediate vicinity of the proposed use that is not required by other uses, or that the applicant has provided sufficient off-street parking by alternative means, such as but not limited to a parking garage, or adequate parking lots adjacent to the proposed use. (b) City council may require the applicant to provide a parking study, or evidence of ownership or lease of alternative off-street parking, and may attach conditions to an approved or alternative parking space reduction. (c) In the CBO the number of parking spaces shall not be reduced by more than 80 percent from that otherwise required in these regulations. (d) In commercial zoning districts the number of parking spaces shall not be reduced by more than 20 percent from that otherwise required in these regulations. (e) In public use zoning districts, the number of parking spaces shall not be reduced by more than 50 percent from that otherwise required in these regulations. (LOR 1998, ~ 454; Ord. No. 815, ~ 1, 2-4-2003) Secs. 90-486--90-510. Reserved. http://library4.municode.comlmcc/DocView/11366/1/165/181/183 8/17/2006 - -0- - ~- . DIVISION 3. OFF-STREET PARKING AND LOADING* . *Cross references: Parking, stopping and standing, 9 54-41 et seq. Sec. 90-511. Design standards. (a) Parking and loading space location. (1) Except as provided in this section, required off-street parking and loading spaces shall be locatee on the same parcel as the primary use. (2) The city council may approve off-site parking facilities if the technical review committee finds tha the location of the off-site facility will adequately seNe the use for which it is intended, and if the applicant submits a written agreement to the city ensuring the continued availability of the off-site facilit) for parking use. (b) Parking space size. The minimum parking space shall be nine feet wide by 20 feet long; handicappec shall be as defined by state handicap code accessibility. (c) Loading space size. The minimum loading space shall be ten feet wide by 30 feet long, with 14 fee' vertical clearance. (d) Parking access driveway width. (1) The single-family residence minimum driveway width shall be at least eight feet. (2) For all other uses, the minimum driveway width shall be: a. Parking spaces between 75 degrees and 90 degrees angles to the driveway, 24 feet. b. Parking spaces any other angle to the driveway, 20 feet. (e) Parking and loading space layout. (1) Except for single-family dwellings and places of public assembly or worship, each parking and loading space shall be paved. (2) Except for single-family dwellings, each parking or loading space shall open directly onto a driveway that is not a public street, and each parking space shall be designed to permit access without moving another vehicle. (3) Buildings, parking and loading areas, landscaping and open spaces shall be designed so that pedestrians moving between parking areas and buildings are not unreasonably exposed to vehicular traffic hazards. (4) Paved pedestrian walks shall be provided along the lines of the most intense use, particularly between building entrances to streets, parking areas, and adjacent buildings. (5) Loading facilities shall be identified as to purpose and location when not clearly evident. (LDR 1998, 9 460) Sec. 90-512. Space regulations. Off-street parking spaces are required as follows: TABLE INSET: http://library4.municode.comlmcc/DocView/11366/1/165/181/184 8/17/2006 . .... -b-................. -T (1 ) Residential Uses: Single or two-family dwelling 2 per dwelling Multiple-family 1 bedroom 1.75 per dwelling Multiple-family 2 bedrooms 2 per dwelling Multiple-family 3-4 bedrooms 2.25 per dwelling Mobile home park 2.25 per dwelling per unit or bedroom Adult/assisted living facilities 1 per unit or bedroom (2) Commercial Uses: Shopping center, Retail store or service 1 per 300 square feet of floor area Furniture or appliance store 1 per 500 square feet of floor area Professional office, business office, 1 per 300 square feet of floor area Medical office 1 per 180 square feet of floor area Nursery, lumberyard 1 per 250 square feet of floor area Restaurant, nightclub 1 per 75 square feet of floor area Barbershop, beauty shop 2 per service chair Hotel, motel 1 per bedroom, plus 5 spaces, plus accessory uses Auto service, repair or wash 1 per 150 square feet of floor area Automobile sales 1 per 400 square feet of floor area (3) Entertainment and Recreation Uses: Private club 1 per 300 square feet of floor area Health club 1 per 150 square feet of floor area, include pool Tennis, racquet or handball court 2 per court, plus accessory uses Theater 1 per 3 seats, plus 5 spaces Indoor recreation 1 per 200 square feet of floor area, plus accessory uses Golf driving range 1 per tee, plus accessory uses Golf course 6 per hole, plus accessory uses Marina 2 per 3 boats slips, plus storage for trailers and boats (4) Institutional Uses: Government office, Courthouse or other 1 per 400 square feet of floor area public facilities Place of public assembly or worship 1 per 3 persons in main auditorium Hospital 1 per 1 bed Nursing home 1 per 4 beds, plus 1 for each employee at maximum shift Junior high school 3 per classroom Senior high school 1 per 6 students, plus 1 space per staff member College 1 per 3 students, plus 1 space per staff member . http://library4.rnunicode.comlrncc/DocView/l1366/l/165/l81/184 8/17/2006 - -0- - ~~ 1 per 5 students, plus 1 ~e per staff Day care, preschool, nurse member _ In lieu of student parking, day care, preschool and nurseries may provide an off-street dropoff and pickup area. Required parking for government office, courthouse or other public facilities shall be calculated usin~ net usable floor space. Such net space shall be calculated by excluding from square footagE computation such space as mechanical, service, atrium, lobby and storage spaces. The areas used 0 covered by furnishings, office equipment, partitions, or other items used within usable floor area shal not be excluded from such computation. Usable floor area shall be considered net space, and woul( include thoseareas such as offices, waiting and assembly areas, courtrooms, conference rooms, jUf") rooms, restrooms, holding cells, and generally all space wherein people may meet or assemble t( conduct the regular business of the facility. TABLE INSET: (5) Industrial Uses: Industrial, 1 per 1,000 square feet of floor area up to 20,000 square feet, Warehouse plus 1 per 2,000 square feet of floor area to 40,000 square feet, plus 1 per 4,000 square feet of floor area over 40,000 square feet (6) Use Not Specifically Parking spaces shall be the same as required for the most Listed: similar listed use. (LOR 1998, ~ 470; Ord. No. 815, ~ 1, 2-4-03) Sec. 90-513. Off-street loading space requirement regulations. Off-street loading spaces are required as follows: TABLE INSET: (1 ) Residential Uses: Multiple-family, adult/assisted living 1 for 20 to 50 dwelling units, plus 1 for each facilities additional 50 dwelling units (2) Commercial and Industrial Uses: Commercial, industrial 1 for 5,000 to 25,000 square feet floor area, plus 1 for 25,000 to 60,000 square feet floor area, plus 1 for 60,000 to 120,000 square feet floor area, plus 1 for 120,000 to 200,000 square feet floor area, plus 1 for each additional 90,000 square feet floor area. Except that each restaurant, convenience store, and foodstore shall have at least one loading space. (3) Entertainment and Recreation Uses: http://library4.municode.comlrncc/DocView/1136611116511811l84 811712006 ... .......b- ...........l. ., 1 for 10,000 to 40,000 square feet floor area, Entertainment, recreation plus 1 for each additional 60,000 square feet floor area (4) Institutional and Other Specified Uses: Institution, government office, place 1 for 10,000 to 40,000 square feet floor area, of public assembly, hospital, hotel, plus 1 for each additional 60,000 square feet motel floor area (5) Use Not Specifically Listed: Loading spaces shall be the same as required or the most similar listed use. (LDR 1998, & 480) Secs. 90-514--90-530. Reserved. http://library4.municode.comlmcc/DocView/11366/1/165/181/184 8/17/2006 . . MEMO PLANNING/ZONING RE: PARKING REGULA nONS I would like to add to the agenda the matter of the parking regulations in the LDR's found in 90-481. As you know, each type of business requires a certain number of spaces according to gross floor space of the commercial structure; most common is 1 space per 300 feet, but restaurants require 1 space per 75 square feet. What we are running into is that older buildings that are renovated or sold often do not have enough lot space to comply with the code, and with new construction, that the number of required spaces becomes so great that when constructed, they are usually unused. I am recommending that we ask the city council to consider amending the parking space requirements, to allow greater flexibility in approval of these projects. mstead of requiring spaces according to gross floor area, that we exclude from the calculation certain areas not open to the public or storage/mechanical areas. For instance, a recent application on a building of3000 square feet requires 30 spaces; however, the actual customer area is perhaps 800 square feet, and the bulk of the building is for auto repair and storage, where the public is not allowed to enter. Also, at Locals restaurant, although they have 8500 square feet, the kitchen and storage areas make up nearly half the floor area, which again is not open to the public. There is some precedence for this type of ordinance, as the city made an exception for the new courthouse parking by excluding storage areas from the parking calculations. I have obtained some draft ordinances from Jim LaRue, but no fonnal ordinance has been drafted yet. What I am asking the board to do is to recommend to the council to amend 90-481 and related sections, to create some leeway in parking calculations; again, we would accomplish this by excluding certain areas of floor space from the calculations, yet at the same time assure that there is some protection in the ordinance to cover a situation where the owner converts space for customer use, etc., so that the necessary parking can be added. VI V 1,:)IVl'll L. rAK1'I...1l'llu Al'llV LVAVll'llU K.J:,I..lUIKtlVltl'lll ,:).,- rage 1 Ul L . . DIVISION 2. PARKING AND LOADING REQUIREMENTS* *Cross references: Parking, stopping and standing, 954-41 et seq. Sec. 90-481. Generally. Off-street parking and loading facilities shall be indicated on a site plan and provided in accord with the regulations of this division. (LOR 1998, 9 450) Sec. 90-482. Computation of required off-street parking and loading spaces. Computation of required off-street parking and loading spaces shall be as follows: (1) Computation of parking spaces shall be rounded up or down to the nearest whole number. (2) Computation of parking spaces based on floor area requirements shall be gross floor area. (3) Computation of parking spaces in places of public assembly shall be based on the maximum occupancy rating given the building by the fire marshal. (4) Computation of parking spaces based on number of employees shall be at the maximum work shift. (5) Spaces for the handicapped are included in the computations of total parking spaces. (6) Parking spaces for two or more businesses may be combined, provided that the total number or spaces shall not be less than the sum of required spaces computed separately. Where it can be demonstrated that the need for parking spaces from specific uses do not overlap in time, the number of spaces may be reduced by the number required by the lesser use. (7) Loading spaces for two or more businesses may be combined, provided that the total number of loading spaces shall not be less than the sum of required spaces computed separately. (8) When a building or use is changed, or enlarged in floor area, the off-street parking and loading spaces as required in this division shall be provided for those changed or enlarged uses. (LOR 1998, 9451) Sec. 90-483. Modification of parking and loading space requirements. Modification of parking and loading space requirements shall be as follows: (1) The number of spaces may be increased, decreased, or deferred by the city council when: a. A parking study demonstrates that the proposed use would have a demand in excess or, or less than, the requirements of these Regulations. b. A parking study demonstrates that the hours of need for maximum parking for two or more joint uses do not normally overlap. c. A building is in an historic district or is of historic interest. d. A building is in a Commercial, Central Business District, or Public Use Zoning Categories. http://library4.municode.comlmcc/DocViewIl1366/1/165/181/183 8/17/2006 VI V 1~IVl"l L.. r AK.l'i...ll"lu Al"lV LVAVll"lu KDI..lUIKD1Vltl"ll ~... rage L U1 L. (2) The city council . require the applicant to provide a .ng study when the technical review committee presents data indicating that an increase or decrease in the number of parking spaces may be warranted. (3) An applicant may submit a parking study to demonstrate that either the parking or loading space regulations are excessive for the use proposed, or there is not a current need for all spaces. (4) A parking study requesting deferral of parking spaces shall contain: a. A site plan locating the total required parking spaces and designating the deferred spaces, and a landscaping plan of the deferred parking area. b. A written agreement with the city that the developer will pay for a study to determine the need to provide the full parking requirement and that the deferred spaces will be converted to parking spaces at the developer's expense should the city determine that additional spaces are needed. (5) The number of parking spaces shall not be reduced below these requirements where there is insufficient parking. (LOR 1998, S 452; Ord. No. 815, S 1, 2-4-2003) Sec. 90-484. Reduction of paved parking space requirements. (a) The number of paved spaces may be reduced by the city council when a parking study demonstrates that the proposed use normally would have a demand for the total required parking spaces only on one or two days a week. (b) Paved parking spaces shall not be reduced by more than 75 percent. (LOR 1998, S 453) Sec. 90-485. Reduction of parking space requirements in commercial districts. (a) In commercial, central business, and public use zoning districts, city council may reduce the number of parking spaces if the technical review committee finds that there is a surplus of on-street parking in the immediate vicinity of the proposed use that is not required by other uses, or that the applicant has provided sufficient off-street parking by alternative means, such as but not limited to a parking garage, or adequate parking lots adjacent to the proposed use. (b) City council may require the applicant to provide a parking study, or evidence of ownership or lease of alternative off-street parking, and may attach conditions to an approved or alternative parking space reduction. (c) In the CBO the number of parking spaces shall not be reduced by more than 80 percent from that otherwise required in these regulations. (d) In commercial zoning districts the number of parking spaces shall not be reduced by more than 20 percent from that otherwise required in these regulations. (e) In public use zoning districts, the number of parking spaces shall not be reduced by more than 50 percent from that otherwise required in these regulations. (LOR 1998, S 454; Ord. No. 815, S 1, 2-4-2003) Secs. 90-486--90-510. Reserved. http://library4.rnunicode.com/rncc/DocView/11366/1/165/181/183 8/17/2006 VI V 1;)IV1~ .). Vrr-;) IKttl rAK.l'I...ll~u Al~V LVJ-UJll~u'" rage I U1 't . . DIVISION 3. OFF-STREET PARKING AND LOADING* *Cross references: Parking, stopping and standing, 9 54-41 et seq. Sec. 90-511. Design standards. (a) Parking and loading space location. (1) Except as provided in this section, required off-street parking and loading spaces shall be located on the same parcel as the primary use. (2) The city council may approve off-site parking facilities if the technical review committee finds that the location of the off-site facility will adequately serve the use for which it is intended, and if the applicant submits a written agreement to the city ensuring the continued availability of the off-site facility for parking use. (b) Parking space size. The minimum parking space shall be nine feet wide by 20 feet long; handicapped shall be as defined by state handicap code accessibility. (c) Loading space size. The minimum loading space shall be ten feet wide by 30 feet long, with 14 feet vertical clearance. (d) Parking access driveway width. (1) The single-family residence minimum driveway width shall be at least eight feet. (2) For all other uses, the minimum driveway width shall be: a. Parking spaces between 75 degrees and 90 degrees angles to the driveway, 24 feet. b. Parking spaces any other angle to the driveway, 20 feet. (e) Parking and loading space layout. (1) Except for single-family dwellings and places of public assembly or worship, each parking and loading space shall be paved. (2) Except for single-family dwellings, each parking or loading space shall open directly onto a driveway that is not a public street, and each parking space shall be designed to permit access without moving another vehicle. (3) Buildings, parking and loading areas, landscaping and open spaces shall be designed so that pedestrians moving between parking areas and buildings are not unreasonably exposed to vehicular traffic hazards. (4) Paved pedestrian walks shall be provided along the lines of the most intense use, particularly between building entrances to streets, parking areas, and adjacent buildings. (5) Loading facilities shall be identified as to purpose and location when not clearly evident. (LOR 1998, 9 460) Sec. 90-512. Space regulations. Off-street parking spaces are required as follows: TABLE INSET: http://library4.municode.comlmcc/DocView/11366/1/165/181/184 8/17/2006 VI V l;:)IVl'll .). Vrr-;:)IKttl rAK~ll'llU Al'llV LVAVll'llU... rage L OJ. 't (1 ) Residential Uses: Single or two-family dwelling 2 per dwelling Multiple-family 1 bedroom 1.75 per dwelling Multiple-family 2 bedrooms 2 per dwelling Multiple-family 3-4 bedrooms 2.25 per dwelling Mobile home park 2.25 per dwelling per unit or bedroom Adult/assisted living facilities 1 per unit or bedroom (2) Commercial Uses: Shopping center, Retail store or service 1 per 300 square feet of floor area Furniture or appliance store 1 per 500 square feet of floor area Professional office, business office, 1 per 300 square feet of floor area Medical office 1 per 180 square feet of floor area Nursery, lumberyard 1 per 250 square feet of floor area Restaurant, nightclub 1 per 75 square feet of floor area Barbershop, beauty shop 2 per service chair Hotel, motel 1 per bedroom, plus 5 spaces, plus accessory uses Auto service, repair or wash 1 per 150 square feet of floor area Automobile sales 1 per 400 square feet of floor area (3) Entertainment and Recreation Uses: Private club 1 per 300 square feet of floor area Health club 1 per 150 square feet of floor area, include pool Tennis, racquet or handball court 2 per court, plus accessory uses Theater 1 per 3 seats, plus 5 spaces Indoor recreation 1 per 200 square feet of floor area, plus accessory uses Golf driving range 1 per tee, plus accessory uses Golf course 6 per hole, plus accessory uses Marina 2 per 3 boats slips, plus storage for trailers and boats (4) Institutional Uses: Government office, Courthouse or other 1 per 400 square feet of floor area public facilities Place of public assembly or worship 1 per 3 persons in main auditorium Hospital 1 per 1 bed Nursing home 1 per 4 beds, plus 1 for each employee at maximum shift Junior high school 3 per classroom Senior high school 1 per 6 students, plus 1 space per staff member College 1 per 3 students, plus 1 space per staff member http://library4.municode.comlmcc/DocView/11366/1/165/181/184 8/17/2006 VI V 1~IVl'l -'. vrr-~ lKDDl t'AKl\..ll'lu Al'lV LVAVll'lu'" . 1 per 5 students, plus 1 se per staff Day care, preschool, nursery member In lieu of student parking, day care, preschool and nurseries may provide an off-street dropoff and pickup area. Required parking for government office, courthouse or other public facilities shall be calculated using net usable floor space. Such net space shall be calculated by excluding from square footage computation such space as mechanical, service, atrium, lobby and storage spaces. The areas used or covered by furnishings, office equipment, partitions, or other items used within usable floor area shall not be excluded from such computation. Usable floor area shall be considered net space, and would include thoseareas such as offices, waiting and assembly areas, courtrooms, conference rooms, jury rooms, restrooms, holding cells, and generally all space wherein people may meet or assemble to conduct the regular business of the facility. rage -' Ul Lf TABLE INSET: (5) Industrial Uses: Industrial, 1 per 1,000 square feet of floor area up to 20,000 square feet, Warehouse plus 1 per 2,000 square feet of floor area to 40,000 square feet, plus 1 per 4,000 square feet of floor area over 40,000 square feet (6) Use Not Specifically Parking spaces shall be the same as required for the most Listed: similar listed use. (LDR 1998, ~ 470; Ord. No. 815, ~ 1, 2-4-03) Sec. 90-513. Off-street loading space requirement regulations. Off-street loading spaces are required as follows: TABLE INSET: (1 ) Residential Uses: Multiple-family, adult/assisted living 1 for 20 to 50 dwelling units, plus 1 for each facilities additional 50 dwelling units (2) Commercial and Industrial Uses: Commercial, industrial 1 for 5,000 to 25,000 square feet floor area, plus 1 for 25,000 to 60,000 square feet floor area, plus 1 for 60,000 to 120,000 square feet floor area, plus 1 for 120,000 to 200,000 square feet floor area, plus 1 for each additional 90,000 square feet floor area. Except that each restaurant, convenience store, and foodstore shall have at least one loading space. (3) Entertainment and Recreation Uses: http://library4.municode.comlmcclDocView/11366/1/165/181/184 8/1 7/2006 . .. VI V 1-,>IVl"l j. Vrr--'>IKCCl rAK.r....ll"lu Al"lV LVAVU"lU'" rage Lf Ul Lf Entertainment, recreation (4) Institutional and Other Specified Uses: Institution, government office, place of public assembly, hospital, hotel, motel (5) Use Not Specifically Listed: (LDR 1998, 9 480) Sees. 90-514--90-530. Reserved. . 1 for 10,000 to 40,000 square feet floor area, plus 1 for each additional 60,000 square feet floor area 1 for 10,000 to 40,000 square feet floor area, plus 1 for each additional 60,000 square feet floor area Loading spaces shall be the same as required or the most similar listed use. http://library4.municode.com/mcc/Doc V iew/11366/1/165/181/184 8/17/2006