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21-004-SE Bucio Chinese RestaurantPatty Burnette From: Patty Burnette Sent: Monday, April 19, 2021 1:31 PM To: buciobucio0325@gmail.com Cc: Yesica Montoya Subject: Special Exception Petition No. 21-004-SE Attachments: 2021-04-15 BOA Minutes- DRAFT.pdf Importance: High Good Afternoon. This email is to officially advise you that the Board of Adjustment at its regular meeting on April 15, 2021, approved your request to allow drive-through service in a Heavy Commercial Zoning District, (Ref. Code Sec. 90-283 (1)) located at 104 SE 6th Street for the proposed use of a drive-up window for an existing restaurant with the followinq special conditions: the desiqn and operation continue with no intercom system, and that primary use of the window should be for pavment and pickup of orders. There are two important timelines you need to be aware of regarding Special Exceptions. Per Sec. 70-348(4) of the City Land Development Regulations, Special Exception use; variance. Special Exception use and variance approvals shall have a valid period of not more than two years, prior to which a building permit application must be submitted or the approval shall lapse. Per Sec. 70- 373(f), Nonuse. lf the special exception use granted by the board of adjustment should fail to exist or fail to be used for a continuous period of 180 days, then such use shall lapse and the current owner be required to reapply as provided in this division. ln case of hardship, where the loss of such special exception would materially affect fhe integrity of any mortgage or other financing arrangement on the subject real property, the board of adjustmenf may consider such hardship in granting a renewal of such special exception. A draft copy of the Board of Adjustment Minutes from the April 15, 2021, Meeting is attached for your information. Should you have any questions, please let me know. Thank you, Patt� 1�1. Burnette C'j. enera�Services Coorc�inator Cit� of O�eec�o6ee 55 S� 3Y`� �.venue O►�eec�to6ee, �F'� 34974 P�one: (8 63� 763 -3372 ext g 8� o Direct: (863� 763-g82o �'' � •� = ._ : � �: a, a a, :��a ''�•....��'��' CITY OF OKEECHOBEE, FLORIDA BOARD OF ADJUSTMENT MEETING APRI� 15, 2021 DRAFT SUMMARY OF BOARD ACTION I. CALL TO ORDER Chairperson Hoover called the regular meeting of the Board of Adjustment for the City of Okeechobee to order on Thursday, April 15, 2021, at 6:00 P.M. in the City Council Chambers, located at 55 Southeast Third Avenue, Room 200, Okeechobee, Florida, followed by the Pledge of Allegiance. II. ATTENDANCE Roll was taken by Board Secretary Patty Burnette. Chairperson Dawn Hoover, Vice Chairperson Doug McCoy, Board Members Karyne Brass, Rick Chartier, Felix Granados and Mac Jonassaint were present as well as Alternate Board Members Joe Papasso and Jim Shaw. Board Member Phil Baughman was absent with consent. Chairperson Hoover moved Alternate Board Member Papasso to voting position. III. AGENDA A. There were no items added, deferred, or withdrawn from the agenda. B. Motion by Board Member Brass, seconded by Vice Chairperson McCoy to approve the agenda as presented. Motion Carried Unanimously. f 1T� V. 2. 3. 4. 5. City Planning Consultant Smith reviewed the Planning Staff Report recommending approvaL The property owner did not attend. No public comments were offered. No Ex-Parte disclosures were offered. 6. Motion by Board Member Chartier, seconded by Alternate Board Member Papasso to approve Special Exception Petition No. 21-004-SE which requests to allow drive-through service in a Heavy Commercial Zoning District, (Ref. Code Sec. 90- 283 (1)) located at 104 SE 6th Street for the proposed use of a drive-up window for an existing restaurant with the following special conditions: the design and operation continue with no intercom system, and that primary use of the window should be for payment and pickup of orders. Motion Carried Unanimously. u� MINUTES A. Motion by Board Member Brass, seconded by Vice Chairperson McCoy to dispense with the reading and approve the March 18, 2021, Board of Adjustment Regular Meeting minutes. Motion Carried Unanimously. CHAIRPERSON HOOVER OPENED THE QUASI-JUDICIAL PUBLIC HEARING AT 6:03 P.M. A. Special Exception Petition No. 21-004-SE. 1. No Oath for testimony was administered. CHAIRPERSON HOOVER CLOSED THE QUASI-JUDICIAL PUBLIC HEARING AT 6:17 P.M. Chairperson Hoover adjourned the meeting at 6:17 P.M. Submitted by: Patty M. Burnette, Secretary Please take notice and be advised that when a person decides to appeal any decision made by the Board of Adjustment with respect to any matter considered at this proceeding, he/she may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services' media are for the sole purpose of backup for official records. DRAFT April 15, 2021 Board of Adjustment Meeting Page 1 of 1 Patty Burnette From: Patty Burnette Sent: Thursday, April 8, 2021 3:47 PM To: buciobucio0325@gmail.com Cc: Yesica Montoya Subject: April 15, 2021 Board of Adjustment Meeting Attachments: 2021.04.15 BOA Agenda.pdf; 21-004-SE.pdf Importance: High Good Afternoon. Please be advised that the Board of Adjustment of the City of Okeechobee will be considering Special Exception Petition No. 21-004-SE which requests to allow a proposed use of drive-through service within a Heavy Commercial Zoning District, (Ref. Code Sec. 90-283 (1)) located at 104 SE 6th Street for the proposed use of a drive-up window for an existing restaurant on Thursday, April 15, 2021 at 6:00 p.m., or as soon thereafter as possible, in the City Council Chambers. A copy of the Board of Adjustment Meeting Agenda is attached as well as a copy of the Staff Report. Should you have any questions, or if you, or a representative, cannot attend this meeting, please just let me know. Regards, Patt� M. Burnette C'j, enera�Services Coord�inator Cit� of O�eec�o6ee 55 S� 3Y`� Avenue O�eec�o6ee, rF.L 34974 P(�one: (863� 763-3372 ext. g82o Direct: (863� 763-g8�o �Fax: (863� 763-1686 e-mail: �6u��-nette@citti�ofo(�eec(�o6ee.cv��n tive6site: vvwvv.citti�ofo�eecF�o6ee.coni � � �� • �� Lake Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-3134 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken Muros, who on oath says she is the Publisher of the Lake Olceechobee News, a weekly Newspaper published in �'.:eechobe� Cour, y, `F7��i�u, tl�at t �e atil�liZCi GO�'y' Gi aYl . .� advertisement being a e��' ..r'��,'�.:: F_ ��'?,�:•=�-� _^� ;`y in the mattei of� : '��,1,•.- , �;�-,�-"'� `��:� �� ,�� `ad'�� %a��, iii the �'19th Judicial bistrict of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of , . „ . ' , ' t ' .1��. �I r� p/ . �,,a�.,��':A,. G Affiant further says that the said Lalce Olceechobee News is a newspaper published at Olceechobee, in said Olceechobee 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 nea:t preceding the fzrst publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or cornoration any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ' _. � .. �- . Katrina Elsken Muros Sworn tq_ar�d subscribed before me, this ,; ,, ,� ,_., , � �'��`�� da of ��;��" , � �,_�16� ��,:��. � AD — u- }' Notary Public, State of Florida at Large c�nroFOK�aios� rue�c riari� ODNSIDEFtATION OFA PROPOSED SFECJAL D(�FRON NUft�: a QUASI-IUDIQ/1L PUBIIC HE4RING wi be heid bdae u,e ay o� o�o� eo�d o� n� (�a��, a� �s, mu, e PM, or as won � as pc�b�, at Gl�' Hall, SE A�e, Rm 200, ol�ediobe�. Fi, ro mf�and ra�e e�qIIon spe� E�tbn us2 R�tion No. 21-0O+SE, A�6rrr14�r1 b/ tlm qopetty arrt�er D�nis �, t+6r�ag� for ��,� The �tion req��ests h� a9ow �tivouc�li �xvice h a Ha�y Ca�ma�l Zonin9 Dstric� rdag� Code Sec 90-7R3(1). The propas�d � 5 a di.e� up wadow Por an o�ting ��rar,� 1r,e popary mrd� a o.aQt a�, b� at 10'F SE 6Ut Sbe�. Le�: LO7510� 11� AND 120F BLOOC?20 FIIi.Sf qpplfipry Tp OI�E010BFE, PLATBOOI( 5, PAGE 6� PUBLI� R'ea'�e�c'vSf%FCiCQGir.oc��C'.L'NSY,FiQ:tdC.4. � . � 1he qibic 5 trraih+d and amuraged t� at�rd. li�e ac�er��ma�' be o64.ihted fian alydok�ednl�eecwN��htrN. The Pddiai mi be vfen� al �he� uvelsile alydokcedn(xe•oxNWblk�otloe.hhnl or Y�eda7.at�the addm� abv�e d�aing rtx�ry�r In.ci�ess hou�s; Marfii, 8 P.M-4:30 PM, o�pt for hoG da�s The BOA � as Ihe detNarrrt�lon9 bcdY on Ih's rraUa m apptwe � anvrsFn cr,�c �aa yo�, ��,d m� ar�y doam�mr, v�, �o « Aensh�UieBOAin�portoro�onh�arryRernonihea9aida am�ryd the <ba�rn4 P��, video, or irJn rtxEt be �xadded tn tl�e Boa�Sea�y fix tlie�s iemnis /1NY PERSON DE�II�G iD APPEALarry dea.aon made I�' ihe BOA wdh r�e3 m arry rtutffi mtsldged at this pubYc fx�rtrig ��7 r� ro eaure a�batim �d cithe pio�ug � made ard the �d 6duda tlie hestimory ard evi�r_e upon whld� the ap��l Nn7 be bau� In a�dar� wttt Uie Arrrl'vrs wdh DWbl�ties Pct, Pa wrs v�ih d�bstia (R�fKJ `.p0m� d�'JffNf�bQf11D P3fhC�P YI d16 PfOR'BC�SKJ 5�701� mll� the Gel�erai SavqPs Ofim s� per�n a m9 863-7G3�9824,Ha�u�g Lnp3ied: Fiotida R�/ 7-1-1 no latrr Ihan (aa Ma� days P�m P�5• sy: �a�,�rdaxr� r�,� � o�, �, rb. u�se a�oraan�zozi .C> � '" � ��i _�,,t i;: ';� rI �'��q��`�. n'�a ';,�'�`,..� '�� k:�,"*. r;� �� ,/�� _ f .,,,- a�r��' � � �� r� �� jf.^ ,� .�\ y...,..� .<- <e� 1 ,; ._ �� . � � ..' -�� ` �✓,,,,�,' .�,��.�..a�.a:,� .�(?PYPVQ�;-. ANGIEBRIDGES :; � `�;_ MY COMMISSION # GG 971582 ':�r�1,zQo",= EXPIRES: Ap�l 20, 2024 ��%,F,OF F�,�.•' Bonded 1'hru No!�ry Public Undenvriters � � N�iIIiSMEDIA INC. USE! Lake Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-3134 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken Muros, who on oath says she is the Publisher of the Lalce Okeechobee News, a weekly Newspaper published in Okeechobee County,-1�F orida, tha the� attached copy of an advertisement being a �'g� i: "� �, � i " . � �� ;z �' ��...�-' in the matter o��r'�':i�jl�i�'^��`�:�i'��J6,C�dF�i �:%��.1'"" �.` .,.'', � i a�'•a 1�� . a _a � in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Lalce Olceechobee News is a newspaper published at Olceechobee, 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 Olceechobee, in said Olceechobee 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 publication in the said newspaper. � ,,-- _... �'. ? ,�� Us �_..�. �-C�, t,,�,_ � Katrina Elsken Muros Sworr� and ubscribed b,e ore me thi,s 3-� ..��-�. `�� day of � � �j'�, e� C ` ��'� �� , � AD Notary Public, State of Florida at Large .. _...._ , � aTroFo�a+os� Pus�.ic troncE .. � OON�ERATlON OF A PROP06m SYEQAL IXCEPTION NOTI(E: a QUASZ-7UDIQAL PUB13C HEARING vA be held 62fae me ny or a�re,�e eoa�d o� oai�d (��«� � u� 2°z�, 6 PM, or as soon tl� as pc�sfl�le, at OlY Fhl, _ SE Aee. Rm 200, o�, A,m��,d re�e�o� srx� � u� r�or, -rlo. u-007�SE, std�Tited W tl�e pop�Y a`ma arns &yan, P1ar�a9a fa s,,,�, �,w��.,,� �,; u c The R1ibn �p�s tn abw dii�ttvaxl�� n a � 6�rtn� ZoniS Distrid, r�� Cnde SeL 90-2H3i1). The P�P� up whtdaw for an �StikJ re��t The IxW�Y m� of 0.462t aoes. lo�l at 1045E Nh SUeet l�pl: LO7510� 11, AND 120F BLOCX220 ��qpp�py7ppKEEpipgEF�PLAT BO01C 5� PAGE 6, PUBLt� ��q�apg� FLORIDA The pub5c's YrvAed and emira9ed tn al�nd The a9�� ma�/ be o6lairti fiixn dyofd�tbb�a�M�'htrii. The R�lilion on 6e vi�v�ed m tlie � ��}��/pi�fc-mb�'Mrrd a'� at tlie add�es abo.e durii9 �N�r dsrrss haas, Nbn-Rb 8 MM14:30 PM, oa�pt fix hoF ci�s lTie BCIA serves as tlie da3sontruld'g 6a�' m tli's rterthr tr� appm�e orderN Sped� � eennvlSEotr��ou�dwu hmd w�,o+a arymaarei4 P�, vbmor �miheeoaNsuPPataoPPo�ix'��'�xnontheap� am�Ncf tl)e doam�ent, Pi��e, �, °r rtxs[ be qrndd�l to tlie Ba�`xaetarY r« a,e c�ys �. nr+,r r�son o�romc,o avv�ni.�ry a�m rtdtk W tlle BOA wdh rc�Ct10 arT/ matla �� attlli5 qaw� h�incJ w8 n�d In arnae a�robatin remfd cfihe pva�drg's made aM the teadd Fxbdes tlie b�trriaT�' and evida� upon whth the a�pa�I wi be Gisid. N y�� wah tlie Amai�ru wdl D'�bNi� Pd, p.�xs wUi d� �xJ �� m paiMpate in tli6 uo�ecSt9 ¢�oi1d mtb� R��7-� H�itl �(otrbuv�esda/sjPgmr�m��, gY 7�yy.J p�amrMai� P'IarArs DeOm,. �on No. 21-0D4-SE a�osaa�umzl �� 't 1 � < <? i�\ ,'��• � _ .:__. .,```,.,� , e� � ..� � ��'`�,�� , �-- ��'��, � 1 i.._.. d= �'�� l� 6 �� '�'��I��' ,`ot,s:?g�;c;• ANGIE BRIDGES ,; ,: MY COMMISSION # GG 971582 =�•��o: EXPIRES:Apri120,2024 �'jF�"��°�'� 6onded Thru Notary Public Underwriters OF F��. CITY OF OKEECHOBEE Office of the City Clerk 55 SE 3�d Avenue Okeechobee, FL 34974 Email Transmittal 863-763-3372 ext. 9814 To: Independent Newspapers, Inc. � Okeechobee News � Ad Dept. Attention: legalads @ newszap.com From: Bobbie Jenkins, Deputy Clerk, bjenkins@cityofokeechobee.com Ad Type: Legal Publish On: Wed 3/31 Proof of Affidavit(s): 1 Authorized By: Date: Email Date/Time: Ad/Order# Amount $: Proofed By: Date to Finance: Draw#: PO#: Check #: Mailed On: CITY OF OKEECHOBEE PUBLIC NOTICE CONSIDERATION OF A PROPOSED SPECIAL EXCEPTION NOTICE: a QUASI-JUDICIAL PUBLIC HEARING will be held before the City of Okeechobee Board of Adjustment (BOA) on Apr. 15, 2021, 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 3�d Ave, Rm 200, Okeechobee, FL, to consider and receive input on Special Exception Use Petition No. 21-004-SE, submitted by the property owner Dennis Bryan, Manager for Bryan Family Commercial Property, LLC. /� ��, The Petition requests to allow drive-through service in a Heavy Commercial Zoning District, reference Code Sec. 90-283(1). ' The proposed use is a drive-up window for an existing restaurant. The property consists of 0.462± acres, located t �10�6�,� E ��_ 6th Street. Legal: LOTS 10, 11, AND 12 OF BLOCK 220, FIRST ADDITION TO OKEECHOBEE, PLAT BOOK 5, PA�GE 6, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. The public is invited and encouraged to attend. The agenda may be obtained from cityofokeechobee.com/agendas.html. The Petition can be viewed on the website cityofokeechobee.com/public-notice.html or inspected at the address above during regular business hours, Mon-Fri, 8 AM-4:30 PM, except for holidays. The BOA serves as the decision-making body on this matter to approve or deny Special Exceptions. BE ADVISED that should you intend to show any document, picture, video or items to the BOA in support or opposition to any item on the agenda, a copy of the document, picture, video, or item must be provided to the Board Secretary for the City's records. ANY PERSON DECIDING TO APPEAL any decision made by the BOA with respect to any matter considered at this public hearing will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act, persons with disabilities needing special accommodation to participate in this proceeding should contact the General Services Office in person or call 863-763-9824, Hearing Impaired: Florida Relay 7-1-1 no later than four business days prior to proceeding. By: Zoning Administrator Marcos Montes De Oca, Petition No. 21-004-SE ..Y'�`�� t��' ��; ,� t . �;�`� . _� �.�. � , - -� ; � '�� . —�_ � F Tc�� K�� Staff Report Special Exception Request Prepared for.- The City of Okeechobee Applicant: Petition No.: Address: Description: � a, ' !I �_ i r� �� 13751ud Bucio Chinese Restaurant 21-004-SE 104 SE 6t" St Drive-through service a� u� , ,-, _ Street # 206 Fort Mvers. R Staff Report Applicant: Bucio Chinese Restaurant Special Exception Request Petition No. 21-004-SE Owner Applicant Applicant Contact Person Site Address Bryan Family Commercial Property, LLC 6300 SE 128t'' Ave Okeechobee, FL 34974 Bucio Chinese Restaurant 104 SE 6t'' Street Okeechobee, FL Liborio Bucio Victor Bucio 104 SE 6"' Street -��xamm�ac�•,...,. Parcel Identification 3-21-37-35-0020-02200-0100 Applicant Phone Number Applicant Email Address 863.261.3712 BucioBucio0325@gmail.com For the legal description of the project or other information regarding this application, please refer to the application submittal package which is available by request at City Hall and is posted on the City's website prior to the advertised public meeting at https://www.citvofokeechobee.com/aqendas.html Future Land Use, Zoning and Existing Use Future Land Use Zoning Use of Property Acreage Existing � Commercial Heavy Commercial �� Restaurant 0.462 acres Proposed Commercial Heavy Commercial Restaurant with drive-up window 0.462 acres Description of Request The matter for consideration by the City of Okeechobee Board of Adjustment is a Special Exception for a drive-up window at an existing Chinese restaurant. The Applicant is owner of Bucio Chinese Restaurant. According to the application, the restaurant has 5 employees with hours of operation from 11:00 am to 9:00 pm, 7 days per week. The property is designated Commercial on the Future Land Use Map (FLUM) and zoned Heavy Commercial. City Code Section 90-283(1) lists "drive-through service" as a special exception use in the CHV district. The property is approximately 0.462 acres, with an existing 2,260 square foot structure built in 1977. A window on the east side of the building has been used for drive-through service in the past and a drive-through service special exception use was previously approved for this property in 2005 (Application 05-002-SE). However, business tax receipt records indicate that there has been at least one discontinuance of the restaurant use (for at least 180 days) since that special ��R�� planni:ng Staff Report Applicant: Bucio Chinese Restaurant Special Exception Request Petition No. 21-004-SE exception approval in 2005. Therefore, according to City Code section 90-373(f), a special exception must be approved again before the drive-through service use can legally continue. There appears to be space for approximately 3 vehicles to stack on site between the south property line and the drive-up window. There are also 19 on-site parking spaces (one of which contains the dumpster) as well as 6 parking spaces that are partly on the subject property and extend into the public right-of-way. Future Land Use North Zoning Existing Use Future Land Use East South West Zoning Existing Use Future Land Use Zoning Existing Use Future Land Use Zoning Existing Use ;��ati�� -,�;�.;: . ��.� � � �,u��»�, . �,� . �r�� ;,� u�� '��o��u, ��, �.- Commercial Commercial Professional Office Office Single-Family residential Residential Single-Family One Single family residence Commercial Residential Single-Family One Church/School Commercial Heavy Commercial Strip commercial businesses ��:: �„��t�� h,; `�w , , �� . R" ,;'d m�n;oP '1.-� �A . . �- - .. -. . Section 70-373(b) requires that the Applicant address the following standards for granting a Special Exception during their presentation to the Board of Adjustment. The Applicant has submitted, as part of the submission, brief statements and information addressing these standards. These are repeated below in Times Roman typeface exactly as provided by the Applicant. Staff has made no attempt to correct typos, grammar, or clarify the Applicant's comments. Staff comments follow and are shown in Arial typeface. (1) Demonstrate that the proposed location and site are appropriate for the use. Applicant Response: Drive thru has been approved for about 50 yrs. STAFF COMMENTS: To address the Applicant's statement: This structure appears to have been used as a restaurant since its construction in 1977. As the City does not have the original building plans or site plans on file, it is not clear whether the drive-up service window was part of the original plans and operations. However, through a County records request staff was able to obtain a building permit application from 1992 for an expansion of the existing structure. That application includes a site plan depicting the drive through as existing at that time. Additionally, a drive-through service special use exception was approved at this site in 2005. In the application for that special use request, the applicant stated that, "the drive-through has been in operation for many years". Also, in the minutes �aR�c 2 planni.ng Staff Report Applicant: Bucio Chinese Restaurant Special Exception Request Petition No. 21-004-SE of that public hearing, the planning consultant is on the record stating that it, "appears that the drive thru has been in existence but has never been approved through the special exception process." Now, due to discontinuance of use since that approval, the special use exception must be approved again in order to continue its operation. To address the required finding: The site is located along the US-441 commercial corridor, within about 150 feet of that roadway and situated amid other commercial uses, as well as a church to the south and single family residential to the east. This is an appropriate location and site for a restaurant with drive-through service as long as vehicle stacking at the drive- through does not extend into the right-of-way, blocking traffic coming to and from US-441, and as long as the drive-through service is not disruptive to the existing adjacent single family residences. (2) Demonsfrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. Applicant Response: Plans have been approved by the City for buildings before STAFF COMMENTS: The location of the existing drive-up window on the east side of the building is not optimal, as there is little space for stacking of vehicles along the side of the building. However, since there is no drive-through intercom system, ordering will likely take place prior to patron arrival and the window will be primarily used for pickup and payment of food. There are also 18 parking spaces on-site (as well as 6 parking spaces which are partly on-site and partly in the right-of-way) which patrons can pull into while waiting for their orders. So, while it is conceivable that vehicle stacking could extend into the right-of-way, it should not occur on a regular basis. Additionally, since there are residential uses located adjacent to the side of the building where the drive-up window is located, the lack of an ordering intercom is a positive feature that will eliminate the noise generally associated with such systems. To be sure, staff contacted code enforcement, who reported that there have been no complaints about traffic backing up on 104 SE 6t" Street. (3) Demonstrate any landscaping techniques to visually screen fhe use from adjacent uses; or explain why no visual screening is necessary. Applicant Response: Just cars — no excessive noise or anything bad visually STAFF COMMENTS: The property is legally nonconforming to the current landscape standards. If the board determines that it is necessary, the addition of landscaping in the parking lot islands and along the perimeter could be made a condition of approval of this request for a drive-through service special use exception. Doing so would provide some buffering of the drive-up area, parking area, dumpster and outdoor freezer/storage enclosure. (4) Demonstrate what is proposed to reduce fhe impacts of any potential hazards, problems or public nuisance generated by the use or explain how the nature of the use creates no such potential problems. Applicant Response: Very quiet — people drive up to window, receive their food, pay and leave �,rz�,� 3 p�ann�=n9 Staff Report Applicant: Bucio Chinese Restaurant Special Exception Request Petition No. 21-004-SE STAFF COMMENTS: Staff is not aware of any nuisance caused by the drive-up service window and the applicant is not proposing any improvements to the property at this time. (5) Demonstrate how fhe ufilities and ofher service requirements of the use can be met. Applicant Response: The City of Okeechobee handle both STAFF COMMENTS: Utility and service requirements should not be affected by approval or denial of this request. (6) Demonstrate how the impact of traffic generation will be handled off site and on-site. Applicant Response: Plenty of parking onsite STAFF COMMENTS: This restaurant and the drive-up window have been in operation for many years and no increase in the intensity of the use is being proposed at this time. This site is in close proximity to US-441, which allows for quick access to that highway, minimizing congestion on local roadways. Depending on the size of the customer service area, it is likely that this establishment exceeds the current minimum parking standards. The drive aisles in the parking area have ample width to accommodate internal circulation and drive-up services, while still allowing for vehicles to maneuver into parking spaces. The dual driveways allow for vehicles to drive through after being served at the window without having to turn around. When reaching a conclusion on a Special Exception request, the Board of Adjustment shall consider and show in its record the following findings as set forth in Section 70-373(c)(1)-(8). The required findings are listed below followed by the ApplicanYs statements in Times Roman typeface exactly as provided by the Applicant. Staff has made no attempt to correct typos, grammar, or clarify the ApplicanYs comments. Staff comments follow and are shown in Arial typeface. (1) The use is not confrary to the Comprehensive Plan requirements. Applicant Response: No STAFF COMMENTS: There are no policies in the City's Comprehensive Plan that prohibit this use. (2) The use is specifically authorized as a special exception use in the zoning district. Applicant Response: Yes STAFF COMMENTS: City Code Section 90-283(1) lists "drive-through service" as a special exception use in the CHV district. (3) The use will not have an adverse effect on the public interest. Applicant Response: None STAFF COMMENTS: It is in the public interest to facilitate business owners to provide multiple service options to their customers. There should be no adverse effects on the public interest by allowing a new business to continue using this existing drive-up window. [_�rz�= 4 ptanning Staff Report Applicant: Bucio Chinese Restaurant Special Exception Request Petition No. 21-004-SE (4) The use is appropriate for fhe proposed location, is reasonably compatible wifh adjacent uses and is not detrimental to urbanizing land use patterns. AppGcant Response: Very appropriate STAFF COMMENTS: For the reasons discussed above, staff finds that continued use of this drive-up window is appropriate in this location, compatible with adjacent land uses and should not affect prevailing land use patterns. (5) The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. Applicant Response: No STAFF COMMENTS: Approving the use of this drive-up window should not affect property values or living conditions and should not deter development/redevelopment of adjacent property. (6) The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. Applicant Response: Hasn't in the past STAFF COMMENTS: There is currently very little on-site landscaping, though there also should not be many impacts created by the use of this drive-up window that would require screening. Headlights of vehicles waiting at the window should face north towards the office uses and should not point towards the adjacent single family homes for any significant period of time. Since there is no intercom ordering system, there should not be a significant level of noise created either. (7) The use will not create a density pattern that will overburden public facilities such as schoo/s, streets, and utility services. Applicant Response: No STAFF COMMENTS: There is no residential component of the applicant's request that should affect density or demand on public school capacity. 8) The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Applicant Response: None STAFF COMMENTS: Any existing flooding or drainage problems at this site should not be affected by approval or denial of this request. Staff is not aware of any public safety issues resulting from use of this drive-up window in the past. t..,R�� 5 pl:anni'�ng Staff Report Applicant: Bucio Chinese Restaurant Special Exception Request Petition No. 21-004-SE . .. . Based on the foregoing analysis, the requested special use exception is consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area. Staff recommends approval of this request to allow use of a drive- up window at 104 SE 6�'' St in the CHV zoning district, with the condition that design and operation continue with no intercom system, and that primary use of the window should be for payment and pickup of orders. Submitted by: ., , „ , %= r � �_ .J._�-- f _��... .--%- ,., 'Ben Smith, AICP Sr. Planner March 19, 2021 Board of Adjustment Hearing: April 15, 2021 Attachments: Future Land Use Map Zoning Map Aerial Photograph Showing Existing Land Uses ��R�� g ptanning Staff Report Applicant: Bucio Chinese Restaurant Special Exception Request Petition No. 21-004-SE FUTURE LAND USE SUBJECT SITE AND ENVIRONS �� J � � . . . � _ , � I g .� ., ..,�., .,.,-, _ S.�J �"H ST u � -J c 17 : , �. 5'11 �' H �7 � � b' ''I,; e . T � � � � __� - _ ',o n � � a • :? Y,+ G7 � s : r� i � _�__... �� ; s � � s s 4 10 .. 71 � 1: d � / 5 w'ti ,+ 1 H v 1 � 238 , , ,: Subject �� rIL I� LAND USE CLASS/F/C ITA ONS � � RAILROAD CENTERLINE �I ----�- HOPKINS MEANDER LINE I � RAILROAD CENTERLINE flu_boundary_lines i - lot line f ', flu_background�arcels I SINGLE - FAMILY RESIDENTIAL �i MIXED USE RESIDENTIAL MULTI - FAMILY RESIDENTIAL (�,;I COMMERCIAL INDUSTRIAL PUBLIC FACILITIES � /''i i i =�[ rTH S" ��R�� pl.anning Staff Report Applicant: Bucio Chinese Restaurant Special Exception Request Petition No. 21-004-SE ZONING SUBJECT SITE AND ENVIRONS _ _._,_�..� _--� � , _.i � � ( '_ f c s��i s� Ir e.___I z... � � �_ks i2,� _ �. I _ � � t' 1 3 � :, . .. ... $g _ � e i u .--- �_-� , _ � � , �o a �: 1 � `� �% p . �i � � e � o m� �� is I �i. _.s _.� r �.,. s ��o'�i !_. .-_! .____� '.�.�� 12 � e.. �.: , �,��. � __ �. i�. SVJ 4TH ST r_'_' TT "'M W '�.I ��,, � W � ' � _ �I 4 � 1. � ' �� . ..� ` � . . � � �83-1 d .. :: � , �,.� � � ,,� 21 -- -- � � � f 2 � . �� a ,' U7' — SVv 5T H ST � . I v . f-. I � I ' "...� .� � ' � ' � �' 9 1 .' � 2 � � ��, � � _. t 5 I � a� s n i. �. .. .. i I � a SI��'V 6TH ST ... ._� _. _ ' — I b 5' � � 3 2 0 I '� I'- ' � _,..._1 1 q :. ' I. _. � ' ...' ! i� 1 � .. I �',,� I � ` '_,_ _ __-� / 6 � 4 71� H t2 , ;10 11 12 . 5 i I 8_ . S}A� 7TH ST : --T-r— � i- i —,,.�I I i � �� 'I ,��, 6 i�I 1 i 3 I Z 1.�' L•.. . '. t i 3 1! i ' �i _ �I { �... 6 1 . b i' T '. _'�t > -_... , I.,., , tl i 71 71 I_� i _ _1 - 4 _—� � i i i � i 6 _ r _.. � t '10� �i i+ . ♦ !,� b __1. - 6 Subject Property ___ __.. �, .� _ �I � . .. _ �,,'IQ 208 � � 209 ' z � i � i v-~� � H w i�c n iz, r n .� cr n I �2 W . i I � _ `n SE 4TH ST _ , . ._.__, , �r -. � u - . I �' 0 . < ] • � • I . � • // l I . I ,� U �. iU 1 �] �', 7 k `;]/, � � � 1 ! , � d �' SE 5TH S h ��_.a I � �� /� �I i I , �i 22� / � F I � � _ � I ��. � �� ' a i I�' � ' t � i n t e �, ---•r--� ` � � : _ � SE 6TH ST � S '� 1 � �' . ' _. ._ y . I . i I � � , h y ItV I',",� � C 3 I� '1 1$ �,. i � ! ' ; ZONING ' � 0 1 ' '� nn _ :�aM ;�n -- Y�c�,scv�!:�ea!•E �r u�uoaccsvr•_wuv= ��_�;_tzxes �a�g:va CCM1f!V�: dY'vC.'.� :::T?';,: :� y`J�YYC.W1t=Y:�: �..`�i COIME.Y.:A: CJWERC Vl FRCf��:l.•:4 ��fIC_ f��, �J:S.�NG ',^{],:�T4N� o.l. C �.� >,A.1i�^..U`l?�':E::%4! T.4�%EJU:` :JJ.ti:.J vYR DE.'EC�M_M.iE= ]'_N'A, . ,�.,�� : 41� N:f'i=.� °Ar•!��:Y .. _ . � _'_ �: ; � uOBiE �Cr.i! .. ._.._V'i:V'_:'V� E �F.\'I:TGY: .._' ._'...n_... �i_... �xi �.NiJ L�R�= 8 p�anning Staff Report Applicant: Bucio Chinese Restaurant Special Exception Request Petition No. 21-004-SE AERIAL SUBJECT SITE AND ENVIRONS 7n,�� .r�J-_-n ra . .. —�., ,4y��w-. �-��'i� � �.,�- � u,� .. :�� -r . �� s�T -. , ., •. ., ' f - . , T� � �. a ,y � � � q �� ,...� _ � _ rl - )I .1 � � .0 �'A[ "'� �1 I `r�-a�,�� a�; j � �.��A�'S� . �" o � � ' �� - � � a: � �I ��. �_ �, �,�i� e-ia-..�in.ai�j i� ., ' � � :J �.i� i, �� _�.£�hr _ `�A� i*,�''�.,�; �'�,�."„�a%��,,.�. ,,.! xi � '„ ""'U' � � � �"� • n.i��.� �..�� . • /,.( ,y`�' � .' �F�fd"�i�� 4 ��i,?1'T � _ 31'7" •, sA !C`.. � A ,i[' , .. SW STII ST SY ST11 1�.�'� � � 1 ' � ` � +� +� f'�. . -' -'"�.�'-. '�"'; � �IM�/' " <'�r � "'�;"' �^• ,s'. • / _, y ,y . ,s+, �I: � ' e"' �. , ' ` .�► � � - ;�- ��/_ ,�; * � ' b .,��', �� 9 p . s +"�Office I �, .. � �Er � �:� ,�� 9 ��,.. ,-; . .:0_T �i -� . , .�*..��° �+ �"��..�: . �:,�� k� S 4�� 'I � - ! .� �'� ,� :�' .-�'' _ 1`� -.,� L : �� -��,, �=��'"�. ��,� � ' � �q�, �� w , -- ' �' +4r'� �.� � —�`Ci'� ��' ��:-�.. � 1� � �^i, „�, Y -�v /�,' �� f .� 'r_`� ' / ' � � 'a� ,�'` r_Ri'�I .".�. 1, , � � ..• ..r,��C. +i' -n....� �R ' i � .: �� ' . .� . � . -' N� � Y� � �� / � � � .k '-��'� �,I� . � � q 'X,� � � �' � 9 �a � '� k N � �-�� '�,:•�` : f~'�► "^�'�+ fit�� q .�tr'Ip �: � a �� y, � � ,.'�� 'f= i .�.. � , ,� { . �', �' � CummerciaF� -f �,�', �-,, �_ �� .�,3 , � � � r � ' .�� ''� � � �.:�: � M, - � ,.� ;� � - . _ ��`�� ;� , .� `' ,�'x ,. ,.. , /�y SE 6TM ST �,��J �:YM �I f�,+.w 1 � /� � _. � � , .��' . .._ . . -.�.._� � / I � 1��'` l. � . �4, , 7' . �� ft, �� ,l� � . � .�4�0� . • � � . . + . �. �� .. 9Y� ` � � l�C� 4 �'� . �J + .. . � . �� _ _ i�li��' j I�1F .h �. C _ , �i� . �, �'��:�' �; .♦ x� �� ....�. ' ",�"; �� % 4 ��—i�v�7► .. � j� � ' � . rr. . � ; t � "r. :_''!�.- - �9N9 � j' -� _ � �gl p' / `�'� +, . _. _ =M � � _ ..� . .. � A �,� ! �r. - i ;.. �'' � A j_ A ,. I �3 '�.�.+ �."' � 1 r'�.. / !� #�► - � :�a�e�� a �� - , �. ��T�; ��_ 1«�i�� l�i�� E` , �� y .�'� �," ` °'� `�'":��' .t 'vk� "'i . . . � a M ,r ��y'��`,�� J��1lI�T�9�'� � 1 r �: , � -n � rn : ` ,� 3 . � ��. � i�,� ��.�� .; , _ ��,. �.�- �Nsr iP J ..r.�i ��ww+'C1,��:4 _� .. ,. __� �._.seirnsi .. l.,tz�� g ptann�ng City of Okeechobee Date: 3.�,�! Petition No. U, ;� C�G�f -�L� General Services Department Fee Paid: �„ry,,r��; �'?h�»- ;;�� Jurisdiction: ��i� 55 S.E. 3`d Avenue, Room 101 1S Hearin �". _; " Okeechobee, Florida 34974-2903 g: , �_,;L, 2 Hearing: �i��`} Phone: (863) 763-3372, ext. 9820 Publication Dates: 3�3� ��'��1Z1 Fax: (863) 763-1686 Notices Mailed: � ; �� Rezone, Special Exception and Variance APPLICANT INFORMATION 1 Name of property owner(s): %� � � -�� i_ �� , , 2 Owner mailing address: `� ; , �,, � � 3 Name of applicant(s) if other than owner L� �� ' - ", �r � 4 Applicant mailing address: ,�j , ' . , ' E-mail address: �� , ��<< � � " c � � �, yL 5 Name of contact person (state relationship): � ` ' � . `' -�,� r' . 6 Contact person daytime phone(s): � ��,� � � 1�� , �� "3'71 � ,� ( �.� ��l � � I PROPERTY INFORMATION Property address/directions to property: 7 C� t � � �,�"�- , Describe currerit use of property: 8 ��> �� Describe improvements on property (number/type buildings, dwelling units, occupied or vacant, etc. 9 �I . Jd�� t �� Source of potable water: Q(�.�— Method of sewage disposal: �( ' 10 Approx. acreage: f� Is property in a platted subdivision? (.� Is there a use on the prope y that is or was in violation of a city or county ordinance? If so, describe: 11 /� ,1� / �r 12 Is a pending sale of the property subject to this application being granted? Describe uses on adjoining propertyto the North: r �,s� 13 North: �� j � East: �'�51 South: ` � West: � � 14 Existing zoning: , Future Land Use classification: ��Y�� L� 15 Have there been any prior rezoning, special exception, variance, or site plan approvals on the property? (_) No (�)Y s. If yes.provide date, petition number and nature of a roval. � � (,cr�� —L�O;� ��c� rvo� '" �%` 16 Request is for: (_) Rezone Special Exception ( ) Variance 17 Parcel Identification Number: ; � _ �• _ — �j� � ,_�1��, (Rev 4/2020) Page 1 of 11 REQUIRED ATTACHMENTS 18 Applicant's statement of interest in property: �jr,;,r,�� j��C s� C�„�� Non-refundable application fee: Rezoning: $850 plus $30/acre; Special Exception: $500 plus $30/acre Variance: $500 �/ 19 Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges B When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, �the applicant shall pay the actual costs. 20 Last recorded warranty deed: ` - �� - � �% � � 21 Notarized letter of consent from property owner (if applicant is different from property owner) Three (3) CERTIFIED BOUNDARY surveys of the property (one no larger than 11 x17; scale not less than one inch to 20 feet; North point) containing: 22 a. Date of survey, surveyor's name, address and phone number � b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre d. Location sketch of subject property, and surrounding area within one-half mile radius List of surrounding property owners with addresses and location sketch of the subject property. See � 23 the Information Request Form from the Okeechobee PropertyAppraiser's Office (attached) P 24 Affidavit attesting to completeness and correctness of the list (attached) � 25 Completed specific application and checklist sheet for each request checked in line 15 Confirmation of Information Accuracv � 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 denial of this application. ignatur Printed Na Date e^ ' � �, f,�67 - � � � � � �� I For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 9820 (Rev 4/2020) Page 2 of 11 2/23l2021 Detail by Entity Name DIV1510N OF CORPCR;;TiDNS :., . ::`�� `- / �!`/!:}!r.�!'� !ij ✓/,/.rl��/�,f �f��• �11� �...1 � t��F"'� 1� �i'�rl�f E.�./ �,�� V� --"' � % ._ _-__ .. ,. �,,e rsif`fe'irf� .`i%tfrt� t3f" F"1�J/'i��Sl SYf'k,r,;,irU Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Limited Liability Company BRYAN FAMILY COMMERCIAL PROPERTY, LLC Filing Information Document Number FEI/EIN Number Date Filed State Status L13000071116 N!A 05/14/2013 FL ACTIVE Principal Address 6300 SOUTHEAST 128TH AVENUE OKEECHOBEE, FL 34974 ailing Address 6300 SOUTHEAST 128TH AVENUE OKEECHOBEE, FL 34974 tLegistered Agent Name & Address MILLER, DAVID A 225 EAST LEMON STREET, SUITE 300 LAKELAND, FL 33801 Authorized Person(s) Detail Name & Address Title MGR BRYAN, DENNIS L 6300 SOUTHEAST 128TH AVENUE OKEECHOBEE, FL 34974 Annual Reports Report Year 2019 2020 2021 Document Images Filed Date 02/02/2019 03/05/2020 01 /13/2021 01/13/2021 -- ANNUAL REPORT View image in PDF format 03/05/2020 -- ANNUAL REPORT View image in PDF format search.sunbiz.org/lnq u iry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&di rectionType=1 nitial&search NameOrder-BRYAN FAM I LYC... 1/2 2/23/2021 Detail by Entity Name 02/02/2019 -- ANNUAL REPORT View image in PDF format ' 04/13/2018 -- ANNUAL REPORT View image in PDF format � 01/10/2017 -- ANNUAL REPORT View image in PDF format I -- —. 01125l2016 -- ANNUAL REPORT View image in PDF format I 01/07/2015 -- ANNUAL REPORT View image in PDF format � 01/09/2014 -- ANNUAL REPORT View image in PDF format 1 search.sunbiz.org/I nqu iry/CorporationSearch/SearchResultDetail?inqu irytype=EntityName&directionType=1 nitial&search NameOrder—BRYAN FAM I LYC... 2/2 ADDITIONAL INFORMATION REQUIRED FOR A SPECIAL EXCEPTION Describe the Special Exception sought: � � • r r !�� . � ;, � � ;' � A � �l � 4� ,�` � � �'1C.. �.�. � �„h ��Nt�.. L ��I"i r� 1J �' � ve =1- ro � Are there similar uses in the area? No �) (� Yes If yes, briefly describe them: B � 1� If a business, briefly describe the nature of the business, number of employees, hours of operarion, and any activities to be C conducted outside of a building: �� 1 � , �i, '�" ,��`! � i'�d � � j�y �,.. .��' �� r� �� ._ � '�� '!� k � � � � Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the special exceprion or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most D similar use as contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must identify the number of net new external trips, pass-bay calculations, internal capture calculations, a.m. and p.m. peak hour tri s, and level of service on all ad'acent roadwa links with and without the ro'ect.. E Responses addressing the standards and required findings for a special exception as described below. Attach additional sheets as necess STANDARDS FOR GRANTING A SPECIAL EXCEPTION [Sec. 70-373(b), LDR page CD70:19] Applicants are required by Sec. 70-373(b) to address the following issues in his/her presentation before the Board of Adjushnent. Staff strongly recomxnends that the Applicant include, in his/her application, materials that address each of these issues in order to allow Staff and the Board of Adjustment sufficient time to adequately consider the Applicant's request. 1. Demonstrate that the proposed location and site are appropriate for the use. �c o �I � �rt,� i�� 'Z �`��=�rV {-�%`�, �".�� 7 �^s. � 2. Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. 9 � i � � �� J r ) C�'� � �LyS (� �7 �f �, ��,� �i � C '�`� �I� ��- � � � 3. Demonstrate any landscaping techniqu�s to visually screen the use from adjacent uses; or explain why no visual screening is necessary. � � � �� , j,.�� .��e55� � ✓�v�5'� � `r ��y�� -� � � S ��- �l� 4. Demonstrate what is ro osed to reduce the im act of an otential hazards roblerrls or ublic nuisance enerat P p P YP ,P P g edby the use; or explain how the nature of the use creates no such potential problems. �V �� i �,� r-- � -� r i J v -� ��, , � � c�� e�� y ,�� . � r �� ` �za'�—. . ��°�� '`�` � r3��. 5. Demonstrate ow the utilitie an th�r e�%-vid"e requirements o�the use can be met. ; �S- ��_c�� h��s � d� � -e_ 6. Demonstrate how the impact of traffic generated will be handled, of site and on site. � I � � � ��I f� /'1.S / l_ � (Rev 4/2020) Page 8 of 11 FINDINGS REQUIRED FOR GRANTING A SPECIAL EXCEPTION [Sec. 70-373(c), LDR pages 19 & 20] It is the ApplicanY s responsibility to convince the Board of Adjustment that approval of the proposed special exception is justified. Speciiically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the Board of Adjustment to find that: 1. The use is not contrary to the Comprehensive Plan requirements� C'� 2. The use is specifically authorized as a special exception use in the zoning district. �,'� � 3. The use will not have an adverse effect on the public interest. ►1c? n�- 4. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. �� -P�"� P�' ' � 5. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adj acent property. � � 6. The use may be required to be screened from surrounding use to reduce the impact of any nuisance or hazard to adjacent uses. � , �,� �, + ,� �.� � 7. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. � C� 8. The use will not create traffic congestion, flsoding or drainage problems, or otherwise affect public safety. �;��n--L The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light of the above standards and required findings and offer a recommendation for approval or denial. NOTE: AN APPROVAL OF A SPECIAL EXCEPTION EXPIRES IF A BUILDING PERMIT APPLICATION HAS NOT BEEN SUBMITTED WITHIN TWO YEARS OF THE APPROVAL [Sec. 70-348(4)] (Rev 4/2020) Page 9 of 11 -+3� �� :� This instrument prepared by: David A MiNer, Esq. PETERSC}N 8 MYERS, P.A. Post Office Box 24628 Lakeland, Florida 33802-4628 PARCEL I.D. NO.: 3-15-37-35-0010-01760-007U 3-21-37-35-0020-02200-0100 3-21-37-35-004A-00000-0010 3-21-37-35-004A-00000-0020 3-21-37-35-004A-00000-0030 3-21-37-35-004A-00000-0040 3-21-3T-35-004A-00000-0050 3-21-37-35-004A-00000-0060 3-21-37-35-004A-00000-0070 3-21-37-35-004A-00000-0080 3-21-37-35-004A-0OQ00-0090 3-21-37-35-004A-00000-0100 3-21-37-35-004A-00000-0OCO WARRANTY DEED THIS INDENTURE, (The terms "Granto�' and "Grantee" herein shail be construed to include all genders and singular or plural as the conte� indicates.) I 111111 ill11 IIlIf Iliii Ilili {IIII 1111 III! � OR B,K 735 PG 143rt7� SHARON RpEERTSQhtr CLERK OF CI�iCUIT CQU(�T OK£ECHQBEE COUNTY, FLORIDA n�i�:n��a U9/Q3/2t513 02; �9: t.� " � AI1T �lU,00 �EGOt�DINf FEES 5�7.4�D oEEn nac so.7r� RECORDED BY L 5hain R9s 1430 - 1432: (3 P95� Made this 23 day of �v� , 2013, between DENNIS �. BRYAN and ANITA H. BRYAN, husband a wife, Grantor, whose mailing address is 6300 Southeast 128"' Avenue, Okeechobee, Florida 34974, and BRYAN FAMILY COMMERClAL PROPERTY, LLC, a Florida timited iiability company, Grantee, the mailing address of which is 8300 Southeast 128�' Avenue, Okeechobee, Florida 34974. WITNESSETH: That Grantor, for and in consideration of the sum of Ten and No/100 Dollars, and . other good and valuable considerations to Grantor in hand paid by Grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the Grantee, and Grantee's heirs, successors, and assigns forever, the following described land in Okeechobee County, Florida, tawit: (See attached Exhibit "A") Book735/Page1430 CFN#2013009002 Page 1 of 3 t • � EXHIBIT "A" Lots 7 and 8, Block 176, FIRST ADDITION TO OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, page 5, public records of Okeechobee County, Florida AND Lots 10, 11 and 12, Block 220 FIRST ADDITION TO OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, page 6, public records of Okeechobes County, Florida AND Lots 4, 5, 6, 10, 11, 12, Block '!6, together with the allsy running No�th to South between Lots 4, 5 and 6 and Lots 10, 11 and 12, within Block 16, South Okeechobee, according to the plat thereof recorded in Plat Book 5, page 7, public records of Okeechobee County, Florida This property is also described Units 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of the White House Plaza Condominium, a Condominium according to the Declaration of Condominium dated September 27, 2007, and recorded in O.R. Book 640, page 1, public records of Okeechabee County, Florida, together with all of the appurtenances to the Units (Lots) including but not limited to all of the undivided shares of common elements. STATE OF FLORIDA ��,� OKEECHOBEE COUNTY THIS IS TO CE�TIFY HAT THE � REGOINCLZ ES ISATRUE '� CO E T COP O TH ORIGINAL. J T, C BY D.C. DATE Book735lPage1432 CFN#2013009002 Page 3 of 3 � . � � S � This conveyance is subject to the following: 1. Conditions, restrictions, limitations and easements of record, if any, but this provision shall not operate to re-impose the same. 2. Zoning and other govemmental regulations. 3. Taxes and assessments for 2013 and subsequent years. Grantor does hereby fully warrant the tit{e to said land, and will defend the same against the lawFul claims of all persons whomsoever. THIS INSTRUMENT WAS PREPARED FROM UNVERIFIED INFORMATION. NO EXAMINATION OF TITLE WAS REQUESTED OR MADE AND NO RESPONSIBILITY 1S ASSUMED FOR TITLE OR DESCRIPTION PROBLEMS. The subject property is not the homestead of the Grantor, said Grantor residing elsewhere. IN WITNESS VYHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, sealed and delivered in the presence of: rint name:� ,iY,:,,, /i.� �1•,r�J �_�� Prinf name: 7a�rd /�. t'h.lj�.- � + I � � � � :- �- . , . ►L �� i. _ ,. / STATE OF FLORIDA COUNTY OF �7i�, Jhe foregoing instrument was acknowledged before me on this Z3 day of � c/t 20 , y DENNIS L. BRYAN and ANITA H. BRYAN, husband and e, who ( are personally known to me or ( ) have produced as identification. wnnua Miu.� '�"'"� Not�r�, PubaG, stat. ot po�ia. My Cort,m, Exp;rw pe,�py�� otary Public Con�ion No. FF 16� My commission expires: H:UiOMEITPGroup�Bryan, Dennis and Mita\Warranty Deed to Bryan Family.doc 2 Book735/Page1431 CFN#2013009002 Page 2 of 3 �- � � CITY OF OKEECHOBEE 55 SE 3RD AvEN[rE O�EcxosEE, FL 34974 TELE: 863-763-3372 F�.x: 863-763-1686 LAND USE POWER OF TTORNEY Name of Property Owners: �: � �f `� � �/h✓►�E�"c � � � '_�, S 2s �, � , Mailing Address: �� /� � i V � �' '�: � � � ��G�t'� / � � � Home Telephone: �� r� I�� Work: Cell: . 1p ,�� - � �7 Property Address: a �.� Parcel ID Number: r-7 �,v�� a O �� —' � / -- ��`�' C.�l.f r �.� Name of Applicant: �( ._ �! �`� J� l,�C.� Zi Home Telephone: y� � � L,, Work: ,i� _ �--�o�� Cell: : � . �,,r�,� FI � � �C .� " / The undersigned, being the record title owner(s) of the real property described above, do hereby grant unto the applicant stated above the full right and power of attorney to make application to the City of Okeechobee to change the land use of said property. This land use change may include rezoning of the property, the granting of special exception or variances, and appeals of decisions of the Planning Department. It is understood that conditions, limitations and restrictions may be place upon the use or operation of the property. Misstatements upon application or in any hearing may result in the termination of any special exception or variance and a proceeding to rezone the properiy to the original classification. This power of attorney may be ternunated only by a written and notarized sta.tement of such ternunation effective upon receipt by the Planning Department. IN WITNESS WHEREOF THE UNDERSIGNED HAVE SET THEIR HAND AND SEALS THIS aZ � D F / 1L"U "� 20 a� I. ..:.(:�.�,:� ��is'� i� ,�.�c�.. ,'X.. l�c'_•�-4� OWNER - WITNESS OWNER WITNESS STATE OF FLO A coui•i� oF 91�eC.6�� b� The foregoing instrument was acknowledged before me by means of ,�hysical presence or online notarization, this �,`�i� day of �`�' �.�r , 20 ;�, L, by'��,n y� i�� y�Ur.i n , (Pi me of Person) who is personally known to me or produced as identification. n1 �1 �,.�� ''�`Y ��4•.: ALYSA A. COMFORT' `'�.�1�'� �''� �� ``�'� �:�: Notary Public - State of Florida -� `�F�F" Commtssion !t HH 039560 NOTARY PUBLIC SIGNATURE �'�;oF �;�'''�� My Comm. Expires Se 3 roug at onal Notary Assn. (Rev 4/2020) Page 5 of 11 #�`1 � BO UNDARY SUR VEY PREPARED FOR BRYAN FAMIL Y COMMERCIAL PROPERTY, LL C. DESCRIPTION: LOTS 10, 11, 12, BLOCK 220, FIRSTADDITION TO OKEECHOBEE FLORIDA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 6, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY. FLORIDA. ll��""ll ,o m .... i.... i.... i.... I.... i.... i.... i....l NNF IN 12T NAP $CAIE 1 INCH - 20 FEEf IN7FM)m UISPUY SC�LE PROJECT SPECIFIC NOTES: 1) UNLESS SHOWN OTHERWISE, ALL DIMENSIONS ARE PLAT(P) AND MEASURED(M). 2) SITE ADDRESS: 104 SE 6TH STREET. 3) PARCEL ID: 3-21-37-35-0020-02200-0100. 4) F.I.R.M. ZONE: "X", MAP NO. 12093C0480C, DATED 07/16115. 5) THE ELEVATIONS SHOWN HEREON ARE BASED ON THE NORTH AMERICAN VERTICAL DATUM OF 1986 (NAVD 88). 6) THIS SURVEY IS NOT INTENDED TO DEPICT JURISDICTIONAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 7) SURVEYOR WAS NOT PROVIDED WITH ANY TITLE INFORMATION FOR THIS PARCEL. SURVEYOR ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OF EASEMENT DIMENSIONS SHOWN HEREON, THERE MAY BE OTHER EASEMENTS OR RESTRICTIONS THAT EFFECT THIS PARCEL. B) THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. 9) ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS 8Y OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 10) THE DESCRIPTION SHOWN HEREON WAS PROVIDED 8Y THE CLIENT OR THE CLIENT'S REPRESENTATIVE. 11) BEARING REFERENCE: THE NORTH RIGHT-OF-WAY LINE OF SE 6TH STREET IS TAKEN TO BEAR SOUTH 89°47'51" WEST. 12) DATE OF LAST FIELD SURVEY: 02lOS/21. MONITOR WELL LOCATIONS (ELEV. NAVD 88) DESCRIPTION NORTHING EASTING ELEVATION MW-8 1055678.42 711624.85 25.85 MW-15 1055898.11 711651.65 25.31 MW-16 1055843.72 711650.07 24.66 PMW-18 1055809.21 711661.62 24.52 PMW-19 1055845.65 711701.76 24.46 PMW-20 1055881.37 711682.83 23.59 DW-2 1055885.38 711624.78 25.87 � 6 I � � I � I Z I a� i I ow-a 0 NW-E � � B 9'<C �'. SQ� _.`'.b I I � is.o' - I W I �� --I� � �JJai I g a � � I I � � g 3 I � i i � I Z I � E � � , I I� ,` � C � I�i' I ; 3 , : , � � ' 26.0 yJ I I = _ � ASPNALi G I 1 SipfY OInIDWL � n z I � � �Y c.s' , I n n � � � _ 16.0' � WIIEP MC1EN-Q � _ _______! __________ _ _-__-__ � 1 LONCREIE � �uw-i� BLOCK 220 15' WIDE ALLEV I rouxo s/e• inc« ` aoo (rvo i.o.7 0.]' N, 0.2' E. PNW-]0 A�N�LT 11161tt PIXE- B�N pMYAG NAIL k Em� 'K�e is �ezo•. 3�. 3' (N1 99) cx�a � 70 �vuw-�e I �� unun vac-� � •svn•ir � n� � � NHfEL SiOP (LYPICAL) -I1 q Il o � - - - _ - 51.2'�� _ - � f0ux0 5/B' inON POD (NO I.O.) voueo s/e' inu+ xoo Y C^D 5/9B INW,gR00 iOUN (NO I.D.) O.B' N. � I GAS _ I II I I I I uu.r.ar uaess � S 89"47'S1' W 741465'(M) 42.5'(P) � I r.rHac �ET�� 9� �T (�EARIN 6ASE) -- � 1-- _------��s _ � � w=1_ � _��.=_1 _1--�.=-- � € ----------r---'- ----______ __� - - - - - -NLVERi - T - - - CtILVEFT L�iCN B�AN � CAiCH B�9N i � ��E � .so�.�. _ _ J_ _ SE 6TH STREET -�_______-_ �-��svxeuaonol>o.aM' -_-_-_-_-___ Ij a � io I _ I i wl� � . Z o W � < o zly w � w� I I i � ��` -s.l�- ��, � I i C - - - �a�vcni - - - � i -___ I _-_-_ � C3- w �'�o� I W:M'N«E PREPARED FOR THE EXCLUSIVE USE OF: BRYAN FAMILY COMMERCIAL PROPERTY. LLC. CULKAi C- _---_ _] IELLTHIXIC B01f � UiIIItT POIE �IY POLE �NCHIXI P�tY PIXE -ONV _- OHV ___-_OHV __ �� __ �Y__ �V_��V __ �V��N1( �uCH�E , � �� OHV� I�\ OH V € � � i REVISE LEGAL DESCRIPTION 02/26/21 FILE WC JJR UPDATE BOUNDARY SURVEY 02 08 21 FILE WC JJR DfSCNIPT/ON DWG. DATE fB PG BY CK SCALE '� = 20� ORAW/NG NUMBER: SHEET � oF � 21-052 �LEGEND O-Set Iron Rod ond Cap "LB 8360" ■-Found CM �-Found Iron Rod (and Cop) O-Found Pipe (and Cap) ABBREVIATIONS @=Baseline: 9M=Benc�mork; f��Cenlerline: C=Calculotetl; CRTV=Co01v N: LM= eo��.ete Mo��mme eonc=eo�«ei�; o=o.ea; omodm or Lenlml Anqle; E=Eoe4 E'LY=Emlarly, E/P=Edyo ol Pavemanl; ESMTsEasamonl; F.I.R.M.eFlaotl Insuranw Role Map; FNO=Fountl: IP=Iron Pipe; IRk(L)=1ron Rotl (antl 10 LopJ; L=(qre) Lengl�; N=Aleasuretl; MH=Monhole; N=Norlh; N'LY=Norl�criy, NGV(0)=Nollonal Geotlellc Verficol (Oolum) of 1929; NTS=Nol lo Scale; OHW=Over�eoC Wires; R=Properly Line; P=Plal; PC=Painl ol CurvoWre; PCC=Poinl ol Compountl Cunalure: PCP= Permanenl Canlrol Painl; POB=Point ol Beginning; POC=Poinl ol Commencemenl; PflC=Poinl of Reverse Curvalure; PflM=permanenl Felerenca Nonumenl; PT=Poinl ol Tongoncy, PU@0=Pubfc Ulifly antl Oroinage: R=Hodius: R/W=qighl-ef-Way, SoSoulh: SLY=SoulM1erly T=Tonqenl: TEL�ielepM1one Splice w Sni1cA Bo.; W=Wesl; w�v=wesieny. um=uur��e.):ia*=svo� eie�ouo� no�ea o� ��amoiea nowm. iSTANDAR� N07fS: � 1. No search of the pu6lic records (or delerminolion of ownership or restrictions affecting the lands shown was performed by the surveyor. 2. The survey depicted here Is prepared exclusively for those parties noted. 3. No responsibility or liability is assumed by the surveyor for use by othen not specifically named. 4. Not valid without the signalure and embossed seal of Florida licensed surveyor ond mapper �J4506. 5. There ore no visible above ground encroochmenls e�cept as shown. 6. No atiempt was mode lo locala underground improvamenls and/or ancroachments (if ony� os port of th13 9t!lVBY. 7. Thls survey was prepared in accordance with ond confortns to the standards of practice for proTessional surveyors and mappers as outllned In Chapter SJ-17, Florida Administrative Code. N 89°47'34' E 141.84'(M', w�rzn ucren I � J0.3 1 SlU1Y BuiIDiNG - 30.2' I OPMW-19 exnixun. rtr+ce • f11EE2EP p 9E'2ER 11.0' COVEREL 21.1' � CONCNEiE i S.s' „ 11 f �0.5 1 STORY BUILDING (RESNRRNTJ rouso s/e' �aoe noo h L�P 'NAB LS �BIO' lWNO 5/B' IFIX! HDD (xo �D.) o.a' x. --I__- fi].9'-__-__ I _ _ _ _ _ _ - 6J.6' - - _ _ - _ I �SFHALT I a ---- v's---- N - _ _ _ _ 55.3' _----- �� Z a I PARCELCONTAWS . t0.46 ACRES I �vxu� ]l.l' I _ _ - - 5].� � corv+m cwcacre � � TRADEWINDS SURVEYING GROUP, LLC. 200 SW 3rd Avenue Okeechobee, FL. 34974 Tel: (B83) 763-2887 � Fax: (863) 763-4342 Q '" ) i .i--�%=��.!�- John"J: Ric'e, P.S.M. (LS 4506) LB 8360 ' CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863-763-3372 Fax: 863-763-1686 CERTIFICATION FOR POSTING NOTICE OF PUBLIC HEARING FOR REZONING/SPECIAL EXCEPTION/VARIANCE PETITION(S) Instructions: 1. Must be posted on the subject property. 2. Must be posted prominently. 3. Must be visible from the most traveled street adjacent to the subject property. 4. There is no specific height or size requirement, provided that the sign can be easily seen by cars or pedestrians that pass by the subject properiy. 5. Must be posted beginning 15 days prior to the first Public Hearing and remain posted continuously during this time. When a second Public Hearing is required before the City Council, it must remain posted until the final Public Hearing has been conducted. 6. Must be removed within 7 days after the final Public Hearing. Petition Number(s): c� J- ��'-� � Date of 1 St Public Hearing: �-( 5- o� � 'j ��, � � G �-1 ,�L. �Z :�l � Address of subject property (or Legal if no address): �o`-t �� "' � b�� I �G�U GCi., � 6� h C�S��. �1 ri�'I , , ereby certify that I posted the "Notice of Public Hearing" sign in P� 5 accordance with the above instructions on 3-31-o`� � , and will remove sign on P((y� (p �r- � �'-c'� � ° _3 i _ zG Signature: � Date: ,2j'� STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was acknowledged before me by means of h sical presence or ❑ online notarization, this � day of �Q. V'(�1 , 20d' C , by �C� t �� .. /� , who is personally (Name of person) ----- -_ _ _- -- . known to me or produced as identification. - _- � _� - u� 3;�.n�. NOTARY PUBLIC SIGNATURE STATE OF FLORIDA 1(��Ua � �.�a� Commissioned Notary Name . 1 � SEAL: ��VtT°�t� Notary Public State of Florida ; Patty M Burnette �.:_ ,pr My Commission HH 008734 '�?a��ar Expires t0i02l2024 —� SPECIAL EXCEPTI N PETITI N N - - 0 0 0. 21 004 SE DATE: PURPOSE: APPLICANT: APRIL 15, 2021, 6 PM, AT CITY HALL TO ALLOW DRIVE-THROUGH SERVICE WITHIN A CHV ZONING DISTRICT ON THIS SITE. BUCIO CHINESE RESTAURANT PROPERTY OWNER: BRYAN FAMILY COMMERCIAL PROPERTY, LLC FURTHER INFORMATION CONTACT: General Services Dept, 863-763-3372, Ext 9824 55 SE 3rd Ave, Okeechobee, FL 34974 F; =;;..,.,;;:<�� City of Okeechobee `��` �� 55 SE Third Avenue Tele: 863-763-3372 Ext. 9824 �..LL . �. ..... ti.=-�: `'"'r.� Okeechobee, FL Fax: 863-763-1686 �=�� ;�-. Dear Property Owner: March 31, 2021 The City of Okeechobee Board of Adjustment will consider Special Exception Petition No. 21-004-SE requesting to allow drive-through service in a Heavy Commercial District, (Ref. Code Sec. 90-283 (1) located at 104 SE 6�h Street. The proposed use is for a drive-up window for an existing restaurant. You are receiving this courtesy notice as a property owner within 300-FT of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, RM 200 on Thursday, April 15, 2021, 6 PM, or as soon thereafter as possible; or you may submit your questions, comments or objections by 3 PM the day of the meeting by email: pburnette@citvofokeechobee.com. or call the number above. The Petition can be viewed on the website cityofokeechobee.com/public-notice.html or at City Hall, Rm 100 during normal office hours. The agenda is posted on the website cityofokeechobee.com/agenda.html or contact my office to have a copy emailed. Respectfully, Patty Burnette, General Services Coordinator ��" °�� .._� � �v,��,�>�� City of Okeechobee 55 SE Third Avenue Okeechobee,FL Dear Property Owner: March 31, 2021 The City of Okeechobee Board of Adjustment will consider Special Exception Petition No. 21-004-SE requesting to allow drive-through service in a Heavy Commercial District, (Ref. Code Sec. 90-283 (1) located at 104 SE 6th Street. The proposed use is for a drive-up window for an existing restaurant. You are receiving this courtesy notice as a property owner within 300-FT of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, RM 200 on Thursday, April 15, 2021, 6 PM, or as soon thereafter as possible; or you may submit your questions, comments or objections by 3 PM the day of the meeting by email: pburnette(�a.citvofokeechobee.com. or call the number above. The Petition can be viewed on the website cityofokeechobee.com/public-notice.html or at City Hall, Rm 100 during normal office hours. The agenda is posted on the website cityofokeechobee.com/agenda.html or contact my office to have a copy emailed. Tele: 863-763-3372 Ext. 9824 Fax: 863-763-1686 Respectfully, Patty Burnette, General Services Coordinator Calvin Cauley Sr. 203 SE 5th Street Okeechobee, FL 34974 Three J Holdings LLC C/O Inspire Brands Three Glenlake Pkwy 5th FI Atlanta, GA 30328 David Benson May 1735 SW 40t'' Drive Okeechobee, FL 34974 Nicholas Boromei 500 S. Parrot Avenue Okeechobee, FL 34974 Creating My Own Yes LLC 2109 Brewster Court Orlando, FL 32833 Blackwell Holdings LLC 520 S. Parrott Avenue Okeechobee, FL 34974 Gator Security Inc. 1295 8th Street (BHR) Okeechobee, FL 34974 Tomsun Associates Inc. 511 S. Parrott Avenue Okeechobee, FL 34974 Kirit Shah 6525 Jessy Circle Lake Worth, FL 33467 Sandra Perry 3285 SW 28th Street Okeechobee, FL 34974 Christ Fellowship Church Inc. 5343 Northlake Blvd West Palm Beach, FL 33418 Triple E Management Inc. 691 E. Main Street Pahokee, FL 33476 Christine Hooker PO Box 1291 Okeechobee, FL 34973 Charles Vandercook 200 SE 6t'' Street Okeechobee, FL 34974 �i-oo�-sE � �. �rap�:F�� °� a�ac�(a�a1 PARCEL NUMBER OWNER ADDRE551 3-21-37-35-0020-02150-0070 CAULEY CALVIN SR 203 SE 5TH ST 3-21-37-35-0020-02160-0070 THREE J HOLDINGS LLC C/0 INSPIRE BRANDS 3-21-37-35-0020-02160-0110 MAY DAVQ BENSON 1735 SW 40TH DR 3-21-37-35-0020-02190-0010 BOROMEI NICHOLAS 500 S PARROTT AVE �3-21-37-35-0020-02190-0030 SIMMONS MARSHALL 2683 NW 50TH AVE 3-21-37-35-0020-02190-0050 BLACKWELL HOLDINGS LLC 520 S PARROTr AVE ' ''Q-�,'=��-OO�fl-0��00-OOld= -�I#-0F OKEf�bi£3BE�= - - ---�S�E�RUAVE - -- __ 3-2137-35-0020-02200-0020 GATOR SECURITY INC 1295 8TH 5T (BHR) 3-21-37-35-0020-02200-0040 TOMSUN ASSOCIATES INC 5115 PARROTTAVE 3-21-37-35-0020-02200-0070 SHAH KIRIT R 6525 JESSY CIR 3-21-37-35-0020-02210-0010 PERRY SANDRA W 3285 SW 28TH ST 3-21-37-35-0020-02290-0010 CHRIST FELLOWSHIP CHURCH INC 5343 NORTHLAKE BLVD 3-21-37-35-0020-02290-0040 TRIPLE E MANAGEMENT INC 691 E MAIN ST 3-21-3735-0020-02300-0010 HOOKER CHRISTINE P P 0 BOX 1291 3-22-37-35-0030-OOOHO-0040 VANDERCOOK CHARLES 200 SE 6TH ST 3 - LMRIS��E�LBalU�k�IR-�-HkJRC-1-HaNC- —3�4�NORTHL�4KE BtV{3 .� ADDRESS 2 CITY STATE ZIP OKEECHOBEE FL 34974 THREE GLENLAKE PKWY 5TH FLOOR ATLANTA GA 30328 OKEECHOBEE FL 34974-5486 OKEECHOBEE FL 34974-4345 OKEECHOBEE FL 34972-8857 OKEECHOBEE FL 34974 --- - -- _---- _ - _ _ - f FIOBE� - - - F� = ---_`3�974" OKEECHOBEE FL 34974 OKEECHOBEE FL 34974 LAKE WORTH FL 33467 OKEECHOBEE FL 34974 WEST PALM BEACH FL 33418 PAHOKEE FL 33476 OKEECHOBEE FL 34973 OKEECHOBEE FL 34974-4470 -- - __� - - - __- _ =�/UES��Atfvt-�E�t£ti ft==-= ��I�'='' C r�� I�'�r 0� � s u.G �, ioq �re�as�cr' �7' ��a�,d�, �. ��33 �,� �� tT -�•� v�ua.�u� ��,�,v�ua r��.arar�.a.nr...rv�r a uK�,�o�..r �, Jeralcl D Br}•ant, Clerk of the Circuit Court & Comptroller Okecchobee. FL Recorded 3/1/2021 3:51 PM �� Fces: RECORDING �27.OU D DOCTAX PD S2,C25.00 Pazcel ID Number: 3-21-37-35-0020-02190-0030 Prepared by and retum to: SUSIE BURK Okee-Tantie Tide Company, Inc. 105 NW 6th Street Okeechobee, Florida 34972 FILE NO. 38759 Warranty Deed 'fhis Indenture, Executed this February 26, 2021 A.D. Between MARSHALL SIMMONS, A SINGLE MAN, whose address is 2683 NW SOTH AVE, Okeechobee, Florida 34972, hereinafter called the grantor, to CREATING MY OWN YES LLC, A FLORIDA LIMITED LIABILITY COMPANY, whose post office address is: 2109 BREWSTER CT, Oclando, Florida 32833, hereinafter called the grantee: (Whenever used herein the term "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 corporalions) Witnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and other valuable considerations, receipt whereof is hereby aclmowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Okeechobee County, Florida, viz: Legal Description as Exhibit "A" Parcel ID Number: 3-21-37-35-0020-02190-0030 Subjeet to covenants, restrictions, easements of record and taxes for the current year. TOgether with all the tenements, hereditaments and appurtenances thereto betonging 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 (and 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 titie 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, 2020. t'tlG 1\li�ll T LVL1VVir✓VJ ✓! lfbVil L V� ✓ In Witness Whereof, Signed, sealed and Wimess Printed Name vSy�via E. �v �� . wimess Printed Name SONSUN VMR�►�T�S State of Florida County of Okeechobee l��v�Gfl��Gu . (Seal) MARSHALL SIMMONS Adaress: 2683 NW SOTH AVE, Okeechobee, Florida 34972 The foregoing instrument was acknowledged before me by means of X physical presence or NA onl' no ''on, this February 26, 2021, by MARSHALL SIIvIlVIONS, A SINGLE MAN, who produced a drivecs license as iden ' �- Notary Public Syjv�a E. Burk rint Name: ,;��` ...',,, . rrtvra�e�c ��.' � �1Y� �� y Commiasion E:pires s ... 6F .. , �}Ifll KW9f AIb9C�,iiQ� grantor has signed and sealed these presents the day and yeaz first above written. presence: 1'lll': L\U�� 1T iVlr1VV4✓VJ ✓/ 1/LVi1 ✓ Vl J Exhibit "A" LOTS 3 AND 4, BLOCK 219, FIRST ADDITION TO OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 6, PUBLIC RECORDS OF ST. 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'��. .�," . � k __'�. � �-�r �—_ 'T N T� p�R,o, mu, _m„u,,,, � OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE `~-�E s -�a� Petition No. a• 4 �p��'� �� Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners I hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change in land use orzoning, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of and the Assertions made to me by members of that Office that the information reviewed constitutes the most recent information available to that office. I therefore attest to this ��`� day of �'Vlr�.�.-c�. , '2�=Z �\ Signature of Applicant L� i� v'��i r� _�j�n,c': c, Name of Applicant (printed or typed) STATE OF FLORIDA COUNTY OF 01:.-��..�:�t�. " � �2 Z Date The foregoing instrument was acknowledged before me by means of�hysical presence or ❑ online notarization, this �0 �;t�ay of W��t-►� . 20 �-\ . by � . �` �Y"\U � ,j�U , who is personally known to me or produced identification. ° v a ` SANDRA RUIZ tA r�� ; �e� .. `i;• "��,�'- Notary Public - State of f for�� F� ^ �.._., , ' �1; "o` Commission ; GG 301378 �� '�'o �E` My �omm. Expires Mar 25, 2023 ^; donded through National Notary Assn. (Rev 4/2020) Page 3 of 11 1/27/2021 l�� l�^�' 1 MapPrint_Okeechobee-County-Property-Appraiser_1-27-2021 � �i ;� . °" ,� � .. .a�, �� .., .s �. yJ ��'I:'�, Y ��. � �i y8 � � . 14i �•d1 a. M .,� �s � � I L�J 1 �� +� � � � z � � � �:' .� �� .d Y'„ a t� / a 1 � y.�.-.—..a.�..v.. ��_.�.�y�.�.�.�...�..„:,�� .��. � l�Nl). � .. ... . .. � ,Y +;�i�i. ' 0 t3 _d 39 5? P5 78 � 1 t 04 I 17 130 ft O�CeE'CFlOb@f:' C.�UC1��/ Pil3t?@i�y A�i�?l��iS@F Mickey L. Bandi, CFA � Okeechobee, Fiorid2 � 863-7fi3-4422 PARCEL: 3-2i-37-35-�02�-�0221l0-01�0 {34�i27} � FtESTAURANT/CAFE {2?aD) � 0.462 AC NOTES: FlRST ADDITION TO OKEECHOBEE (PLAT BOOK 1 PP,GE 11 AND PLAT BOOK 5 PAGE 6) LOTS 10 11 12 BLOCK 220 BRYAN FRMILY COMMERC{AL 2020 Certified Yalues Qwner. PROPERTY LLC MkiLnd $50,830 Appraised $i81,470 6300 SE �28TH AVE Ag Lnd �0 Assessed $481,47Q UKEECFlOBEE, FL 34974 B1dg $92,213 Exempt �0 Stte: 10�' SE SThi ST, OKEECh'(?BEE XFOB $3F5,427 county:�181,470 Safes 7nano�3 St�fl �'U� 1usY $181,573 Total ciljr:$181,470 Info 3125rzMu Stp0,�00 �(t�} Taxa6le oNter.W1��,470 3�*,ns90 Se�7,s10 i �Uj sdhooS:�18^,470 Okeechobee County, FL fhis informalion„ was derived from dafa which was compiled 4y the Okeechobee County Pr�perty Appraiser Office solelV for !he guvemment�l pu7�ose of property assessmenL This informalion >hould not be reNQd upon by anyone as a determinalion of lfie ownership of property or marke! value. Nn warranGes, exp�essed or impiied: arn pmvided for Iho accurecy of the data haretn, ICs ue, or iYs interyretation. Afithough it is periodicatty uodated, this infrnmation may not refleci the data currenUy on fila in the Property Appraisers office. Gfi2ZlyLogic.com I, `� I �i vnvw.o[ceect�obeepa.com�gis/gis#�rin41 Z /1 2/23/2021 Okeechobee County Property Appraiser Okeechobee County Property Appraiser Mickey L. Bandi, CFA ParceL• i «`�� 3-21-37-35-0020-02200-0100 (34627) ;» Owner � Property Info Result: 1 of 1 BRYAN FAMILY COMMERCIAL Owner PROPERTY LLC 6300 SE 128TH AVE OKEECHOBEE, FL 34974 Site 104 SE 6TH ST, OKEECHOBEE FIRST ADDITION TO OKEECHOBEE (PLAT BOOK 1 Description'' PAGE 11 AND PLAT BOOK 5 PAGE 6) LOTS 10 11 12 BLOCK 220 Area 0.462 AC S/T/R 21-37-35 Use Code'* RESTAURANT/CAFE Tax District 50 (2100) *The Description above is not to be used as the Legal Description for this paroel in any legal transaction. `•The Use Code is a Dept. of Revenue code. Please contact Okeechobee County Planning & Development at 863-763-5548 for zoning info. �r f� � 2020 Certified Values f -� updated: 2/18/2021 �r Aerial Vie r Pictometery Google Maps � 2020 �^! 2019 � 2018 �� 2017 �� 2015 , Sale— s � _ �� j � �i ♦ � -n4 ,I � �'�� ' � �� ti�q ' '� �� 'v' �,�' :� �R �,._ . �� l �'� C •`�`:�:+ - . { * ,`�;x'� :� , �I � � .Y,��fi,�` _� . x � � ��:� -;,�� . . � y��. �. ' f� 4 _,r,� ..�, 5�_ � �� : � � � � �f IY/ ~' � �'�. ' �� , �� , �� Property 8 Assessment Values � 2019 Certified Values 2020 Certified Values ' Mkt Land $50,829 Mkt Land $50,830 '', � � -�� ;� . r " � i � i -- Ag Land $0 Ag Land $0 � Building $84,961 Building $92,213 XFOB $39,797 XFOB $38,427 i ; t'E, ti��'w i ,ti � '�!�` -",•�'y� .�1.. '1 , •.: ��v. x : .� . ; :.L�� !�. �� "� t�. S . . � »�. i „ , ��,�a.; � I � ` �i � �, � , � � `� i �A � a � �„ — _ _ __ �*J _. � Just $175,587 Just $181,470 ` �, , �. J f �r. Class $0 Class $0 ��r:�'� :' Appraised $175,587 Appraised $181,470 �1�' ; _ . �r `' � r� - SOH Cap [?� $p SOH/10% $� ,,� ,�� ' � ,�~=— � °;; Cap [?] Assessed $175,587 � y� ` . �. ,�t i ��,, . Exempt $� Assessed $181,470 � _ �O ��µ f• , � � county:$175,587 Exempt �� ' • Total city:$175,587 county:$181,470 .„r °� �� Taxable ocner:$175,587 Total city:$181,470 r-;;� �"' p' schoo�:$175,587 Taxable other:$181,470 x�i-!.•� G` scnool:$181,470 t � -, ' � � _�- � . Note: Property ownership changes can cause the Assessed value of the _ � property to reset to full Market value, which could result in higher properly Y' �� taxes. j � ' , ' '� . - � Sales History Sale Date 7/23/2013 3/26/2004 3/1 /1990 7/1 /1989 4/1 /1989 3/1 /1987 9/1/1981 Sale Price $100 $380,000 $87,500 $127,500 $100 $105,000 $51,000 Book/Page 0735/1430 0527/0431 0312/0189 0306/0350 0303/1545 0285/0118 0000/0000 Deed WD WD WD WD QC WD WD Qualification (Codes) U U U Q U Q Q RCode 11 03 03 03 � Building Characteristics Bldg Sketch Description* Year Blt Base SF Actual SF Bldg Value Sketch REST LOUNG (5601) 1977 2038 2260 $92,213 "Bldg Desc determinations are used by the Property Appraisers office solely for the purpose of determining a property's Just Value for ad valorem tax purposes and should not be used for any other purpose. •' TV•"� www.okeechobeepa.com/GIS/ 1/2 2/23l2021 `� Extra Features 8 Out Buildings �codes� Code Description Year Blt ASPH 4 PK WATR/RE 2005 CONC B COM SLB WLK 2005 FENC P 6'1/2 PINE 2005 OFA OPN FLR MTL 2005 FENC I 6'VENETIAN 2005 LN11 LGHT INCD 2008 CONC I BUMPERS 2005 CONC E CURB 2005 MFS W4 MTL FL SHG/C 2005 LWI1 LGHT W ICD 2005 LNQ1 LGHT QURZ 2008 Okeechobee County Property Appraiser Value $24,044.00 $599.00 $163.00 $601.00 $444.00 $144.00 $174.00 $1,292.00 $9,662.00 $296.00 $1,008.00 Units 14248.00 288.00 30.00 91.00 32.00 1.00 16.00 287.00 330.00 1.00 3.00 Dims 64 x 33 Ox0 Ox0 Ox0 Ox0 Ox0 Ox0 Ox0 30x11 Ox0 Ox0 Condition (% Good) PD (75%) PD (80%) PD (70%) PD (75%) PD (75%) PD (80%) PD (70%) PD (60%) PD (85%) PD (80%) PD (80%) '�" Land Breakdown Code Description Units Adjustments Eff Rate Land Value 067SP8 I SO SIDE ST (MKT) � 142.500 FF (0.462 AC) 1.0000/.8700 1.0000/ / $357 /FF $50,830 Search Result: 1 of 1 O Okeechobee County Property Appraiser I Mickey L. Bandi, CFA I Okeechobee, Florida I 863-763-4422 by: GriulyLogic.com www.okeechobeepa.com/GIS/ 2/2 � ., .� s � CITY 0� 55 S.E. 3i �1J� � (863)�763•33T2 � � � ,,. _ �� 20 �. RECEIVED from � - . __ _ .. � �. ��_ � ' : ;, ,�,�,... �_ '� t..:� � . Dollars 5 4 � �� . '�, RECEIVED from �� CLERK � �KEECHOBEE, FLORIDA Avenue, Okeechobee, FL 34974 (863) 763•3372 20 s CITY OF OKEECHOBEE, FLORIDA 55 S.E. 3rd Avenue Okeechobee FL 34974 Doliars � � / �. CLERK � .�` CITY OF OKEECHOBEE, FLORIDA N� 5 4� 1� 55 S.E. 3rd Avenue� Okeechobee, FL 34974 (863) 763-3372 20 ;; ,00 � ¢+i�^ 8-^' " " .., , � � � ,.f � t .. No � RECEIVED from � � Dollars ,00 �s c�ERK CITY OF OKEECHOBEE aucio, LIBORIO BUSINESS TAX RECEIPT 000-0000 55 SE 3rd Avenue, Okeechobee, FL 34974: OCTOB�R 1, 2020 -$�Pi'�i1ABER 30; 2021 STATE LICENSE:REQUIRED FOR RENEWAL Address: t04 SE 6TH STREET �KEECHOBEE; FL 34974 � o� �K� � �ti Activity: 603 FOOD SERVICE 26-149 , � PICK UP WINDOW NOT PERMITTED. ��.::�3..� �' i.�. � c� �`�.. .'� m —` �- Issuedta BUClO CHINESE RESTAURANT � �' ''� BUCIO, LIBORIO �' � . . � � -" 1:04 SE 6TH STREET �� R;�P OKEECHOBEE, FL 34974 . A No: 2711 Date: 2/25/21 RECEIPT 78,75 � PENALTY 269.69 APP FEE BLDG INSP FIRE 1NSP Total Paid 348.44 ' � �� BUSINESS TAX RECEIPT OFF'ICIAL 2/24/2021 � �t�1��1� Jose Bucio <josebuciochivas@gmail.com> Fwd: Department of Business and Professional Regulation Payment Receipt Confirmation 1 message eutimio Bucio <buciobucio0325@gmail.com> To: Josebuciochivas@gmail.com Sent from my iPhone Begin forwarded message: Wed, Feb 24, 2021 at 6:05 PM From: Support <noreply@dbpr.state.fl.us> Date: February 24, 2021 at 4:47:38 PM EST To: BUCIO CHINESE <BUCIOBUCI00325@gmail.com> Subject: Department of Business and Professional Regulation Payment Receipt Confirmation Dear BUCIO CHINESE, Thanks for your recent payment with the Department of Business and Professional Regulation. The details of your payment are listed below for your records. If you have any further questions or concerns please feel free to contact the Call Center at 850.487.1395. For Frequently Asked Questions and information on how to obtain a license please visit http://www.myfloridalicense.comldbpr/index.html Card Type: Visa Card Number: 6373 Amount: $323.00 Application Number: 1266008 Gmail - Fwd: Department of Business and Professional Regulation Payment Receipt Confirmation Expiration Date: 07/2021 Confirmation Number: 207103119 License Number: SEA5700065 https:/lmail.google.com/mail/u/0?ik=9c12dbd3de&view=pt&search=all&permthid=thread-f%3A1692619715278404821 &simpl=msg-f%3A16926197152... 1 /1 _ ��-��t�G�"� �=� � . ��,_,� �,�, �� , � � �� ,�.��i11-�? r ,I - � : ��Q � ��: - �� `I __ �%C�' U� � � ____ __ �� , ;-� � �_:�' � , � j� . ,.- v' � - a � ''�.. s�v� �i; � 1�� `�. 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I,;' �f�_._ 7 �\/., K � . . : i � �. ,. . _ .., y . r:. ' �� . i (f.� � " ��?Y�. � � �• t Y ,!t, -' x t �. ( � j . ' . � �t ( F _, l� ` j � � F �;' { �p, :� �µ '�,� w3�' � i 'i .� . . , d , f� , . x:, � t ; , � ., � v �� --------` ��- '� , ,�k � _, � ; , (��`(_.. _ � .,.� . �:.�.�--� � �� ., : ., � ; , - --- . ti ., ; . - ; ' �' a � �_ �"'r L • __ _ _: ,.. . � � lq. �/.+� 1 �, 7 *r�... , . � '�, ,. . , � ' { .. �` � �� r f ;.. I .� �. ( � � .. . . � t � L,� t• J � ..� � . . . .� .\ C' � � � �J� �� '� � CN-e�'s . ��. �.ji g � �'�o�c{ 5 �a-� .;C �tG� `� � u.p� I,� d� � l� se c!. ��.-t- " -�� +�� ,,l.�d, .� � �oa..� Cc: Yesica Montoya <ymontoya@cityofokeechobee.com>; Kim Barnes <kbarnes@cityofokeechobee.com> Subject: RE: 104 SE 6th Street Patty, It sounds like what they are doing meets the definition of a drive through. Follow up questions: Are we sure the special exception was never approved? If we are sure that a special exception use was never approved for the drive through, then it is a non-conforming use. Even if the non-conforming use was legally nonconforming because it predated the code, there was a sale of the property in 2004. According to Section 90-35(b), since there was a sale of the property in 2004 [the sale in 2014 looks like it may be an excluded sale, as described in the last sentence of 90-35(b)], the nonconforming use should've ceased to exist or a special exception would've been required for the drive through use to continue. 90-35(b) Transfer of nonconforming commercial use. In the event the underlying lands on which exists a nonconforming use in a commercial, commercial business district, commercial professional office, or industrial zoning category within the city is sold, assigned, or in any manner transferred from the record title holder of said lands, as such ownership is reflected in the records of the Clerk of Court or Property Appraiser for Okeechobee County, such nonconforming use shall cease, and not be permitted to likewise be transferred, and the nonconforming use shall extinguish. Any such future use of said lands subsequent to transfer shall be in compliance with all current City Codes, and land use regulations applicable to such zoning or land use designation. Excluded from this prohibition is the transfer of ownership of said lands to a corporation, professional association or limited liability company recognized under Florida law whose majority stockholder is the same person as the previous record owner. If a special exception was granted, but the use was discontinued for a period of 180 days, then they would have to reapply for the special exception according to 70-373(f). 70-373(� Nonuse. If the special exception use granted by the board of adjustment should fail to exist or fail to be used for a continuous period of 180 days, then such use shall lapse and the current owner be required to reapply as provided in this division. In case of hardship, where the loss of such special exception would materially affect the integrity of any mortgage or other financing arrangement on the subject real property, the board of adjustment may consider such hardship in granting a renewal of such special exception. Give me a call if you'd like to discuss. l3et� Svinitln, AICP, LEED GA �i��: �'I � � r� � r� � i �?5 Jac�Cson �jt�+Z06, �ort Mc�ers, � � �3�Oi ?39-��<F-3366 6P�,c�l.�,-��Fl:j�,�,��,;;.�_�,�„ From: Patty Burnette <pburnette�citvofol<eechobee.com> Sent: Friday, November 20, 2020 10:07 AM To: Ben Smith <ben(a�larueplannin�.com> Cc: Yesica Montoya <vmontoyaC�cityofol<eechobee.com>; Kim Barnes <I<barnes@citvofol<eechobee.com> Subject: 104 SE 6th Street Patty Burnette From: Sent: To: Cc: Subject: Patty Burnette Friday, November 20, 2020 1:12 PM Ben Smith Yesica Montoya; Kim Barnes RE: 104 SE 6th Street Thanks Ben for checking on this one. I have been doing some research and I did find a Special Exception for a drive-thru window was applied for and approved in 2005 (05-002-SE). What I don't know is whether the use at any time was discontinued for more than 180 days. That will need to be researched on our end. Thank you again. Patt� �Vl. Burnette C'j. enera�Services Coordinator Cit� of O�eec�o6ee SS S� 3Y`� Avenue O�eec�o6ee, `FL 34974 P�one: (8 63� 763 -3372 ext. g8 z o Direct: (863� 763-g8�o �F'ax: (863� 763-1686 e-mail• �Cu��-nette@citi�ofo�Zeec�o6ee.com � we6site: �Eo�o�eec�o6ee.co��i J✓,�.47t .: �r-1 _�_: ,��L� - ..',. ,,,.,. - _ r, _ �iir .- = �` _ .�4 _ Under Florida law, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing, Florida Statute 668.6076. CITY OF OKEECHOBEE ELECTRONIC DEVICE DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your correspondence via e-mail, text message, voice mail, etc., may therefore be subject to public disclosure. From: Ben Smith <ben@larueplanning.com> Sent: Friday, November 20, 2020 1:00 PM To: Patty Burnette <pburnette@cityofokeechobee.com> Good Morning Ben. From information listed on the Property Appraiser's website it appears a restaurant was built at this address back in 1977. As far as I know there has always been some type of restaurant there. It also appears there is a window that people have ordered/picked up food from. There is no menu board though. What I would like to confirm is that from looking at the definition of drive-through service below, this window, if in fact is being used in this manner, would need a Special Exception approval, if one has not been approved in the past and not had that use fail to exist or fail to be used for a continuous period of 180 days? Drive-through service means a building or part thereof, where a product is sold to, or a service performed for, customers while they are in or near a motor vehicle, except for an auto service station and a car wash. Patty 2V1. Burnette ('j, enera�Services Coorc�inator Cit� of O�eec�o6ee SS S� 3rd �lvenue O�eec�o6ee, �'� 34974 P�one: (863� 763-3372 ext. g82o Direct: (863� 763-g8�o Fax: (863� 763-1686 e-mail• p6u�►-nette@c�itti�ofo�eec(�o6ee.c�m we6site: tivww.cl:t�ofo�Zeecho6ee.com _� . ;`a �lc ih�fF:' ' t E _ � _' -. . . j`ya.. • � � Under Florida law, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing, Florida Statute 668.6076. CITY OF OKEECHOBEE ELECTRONIC DEVICE DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your correspondence via e-mail, text message, voice mail, etc., may therefore be subject to public disclosure. Patty Burnette From: Patty Burnette Sent: Monday, March 22, 2021 9:52 AM To: buciobucio0325@gmail.com Subject: Special exception for drive-up window-104 SE 6th Street Importance: High Good Morning. Just a notification that the application you submitted for a Special Exception for a dri.ve-up window located at 104 SE 6th Street has been planned to be heard before the Board of Adjustment on Thursday, April 15, 2021 at 6 PM. About a week before the meeting I will forward to you a copy of the Agenda as well as a copy of the Planner's Staff Report. Should you have any questions, please just let me know. Regards, Patt� M. Burnette C�enera�Services Coord�inator Cit� of O�eec�o6ee SS S� 3Y`� �lvenue O�eec�o6ee, �'.L 34974 P�one: (863� 763-3372 ext. g8�o Direct: (863� 763-9820 �'ax: (8 63� 763-168 G e-mai� �6ti�.�rnette@cit�fo(�eec�o6ee.cv��i �we6site: tivww.citti�ofo(�eec(�o6ee.com. � ��,`y`�C1�'<IYFf i'.` � ' . �y'. ' �I'. Under Florida law, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing, Florida Statute 668.6076. CITY OF OKEECHOBEE ELECTRONIC DEVICE DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your correspondence via e-mail, text message, voice mail, etc., may therefore be subject to public disclosure. Patty Burnette From: Sent: To: Subject: Attachments: Ben Smith <ben@larueplanning.com> Friday, March 19, 2021 2:01 PM Patty Burnette RE: Records Request - 104 SE 6th St 21-004-SE Staff Report.pdf; 21-004-SE Staff Report.docx Thanks for getting that Patty. What I get from it is that the drive through was existing at the time this building permit was applied for in 1992. I made a revision to the staff report. See attached. Thanks, 13e� Svv�itG�, AICP, LEED GA �� 37j.�ac�Cson,�jt;#Z06, �ort j�yers, �1_ 33901 Z39-334-3366 beri@�arue.��z�nnin�.com From: Patty Burnette <pburnette@cityofokeechobee.com> Sent: Friday, March 19, 2021 9:14 AM To: Ben Smith <ben@larueplanning.com> Subject: FW: Records Request - 104 SE 6th St Good Morning. Forwarding the attached information the Clerk's Office received from the County regarding 104 SE 6tn Street (21-004-SE). May help answer some of the questions you had. Patt� M. Burnette C3. enera�Services Coord�inator City of O�eec�o6ee 55 S� 3Y`� Avenue O�eec�o6ee, �FL 34974 P�one: (863� 763-3372 ext. g82o Direct: (863� 763-9820 �'ax: (863� 763-1686 e-mail• �6i��nette@citti�ofo�ieec�v6ee.co��i > ., tive6site: tivww.citti�ofo�ieec(o6ee.co�ni 1 _ � �� _��':� FF�- . 1�� _ � -�.. � �'_ ' Under Florida law, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing, Florida Statute 668.6076. CITY OF OKEECHOBEE ELECTRONIC DEVICE DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your correspondence via e-mail, text message, voice mail, etc., may therefore be subject to public disclosure. From: JJ. Smith <ismith@citvofol<eechobee.com> Sent: Friday, March 19, 2021 9:05 AM To: Patty Burnette <pburnette(�citvofokeechobee.com> Cc: Bobbie Jenkins <bjenl<ins@cityofol<eechobee.com> Subject: Records Request -104 SE 6th St Patty, The attached file was sent over by the county concerning 104 SE 6t'' Street. I have searched our files and do not see anything additional concerning special exceptions, variances, rezonings, etc. PRR #2021-061 Sincerely, J.J. Smith Administrative Secretary City Clerk's Office City of Okeechobee 55 SE 3�d Avenue Okeechobee, FL 34974 Phone: (863) 763-3372 ext. 9815 Direct: (863) 763-9815 Fax: (863) 763-1686 : -1.1� 1 �''1,�'F�.�'` !^J�� :`.�j a � ��. ' C,� -♦� � �1:' �.Y. 'S� NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e- mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. �, , Patty Burnette From: Sent: To: Cc: Subject: Attachments: Patty, J.J. Smith Friday, March 19, 2021 9:05 AM Patty Burnette Bobbie Jenkins Records Request - 104 SE 6th St 92060047.PDF The attached file was sent over by the county concerning 104 SE 6th Street. I have searched our files and do not see anything additional concerning special exceptions, variances, rezonings, etc. PRR #2021-061 Sincerely, J.J. Smith Administrative Secretary City Clerk's Office City of Okeechobee 55 SE 3�d Avenue Okeechobee, FL 34974 Phone: (863) 763-3372 ext. 9815 Direct: (863) 763-9815 Fax: (863) 763-1686 y._�-�'�,i •::ikF;.:.,`,. ; �y, � j � �..: , '� i'; ,11�M" ' �1:i ' i. NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public recortls. If you do not want your e- mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 1 OREECHOBEE COUNTY 499 North West 5th Avenue Okeechobee, Florida 34972 Building and Zoning Department CERTIFICATE OF OCCUPANCY This is a Final Certificate of Occupancy This Certificate issued persuant to the requirements of the Standard Building Code certifying that at the time of issuance this structure was in compliance with the various ordinances of the City regulating building construction or use. For the following: Certificate of Occupancy No. 92060047-001 Lot: 0100 Block: 02200 Subdivision: CITY : CITY OF OKEECHOBEE Building Permit No. 92060047 Parcel Number: R3-21-37-35-0020-02 State Land Use Code: 21 : RESTAURANTS, CAFETERIAS Use Classification: Group B: BUSINESS Suilding Address: 104 SE 6TH ST Type Construction: RESTAURANT Zoning: C Legal Description: 1ST ADDITION TO CITY OF OKEECHOBEE LOTS 10 11 12 B Power Release Information: 06/23/92 Permit Job Description: ADDITION ONTO COMMERCIAL BUILDING C.O. Description: ADDITION ONTO COMMERCIAL BUILDING Owner of Building: DUNHAM, DALLAS JR & ROSIE 5624 NE 2ND ST OKEECHOBEE FL 34972 Building Official Fire Dept. Date: NOTE:�A new certificate is required if the use of the building or premises is changed, or if alterations are made to the building or property described. A new certificate voids any certificate of prior date. � Post in a Conspicuous Place �6 x��, r " \` �O � � ei 'r � O � � V S J � Y i u s � z��c �oG�L �vu,izEy L�ui��fny f1 2onEn9 1�. E�az.tmF►zf � -�_4- - 5' �- . . - PLFASE MARK T�iE APPROPR ATE C TEGORIES) fe SUB�CONTRACTORS SINGLE FAMILY bWELIJNG SQ. FT, (IJy�NG ARE/y CARAGE• OMME L•—��5 �o SQ, �. pp� BARN SQ• �. SQ• Ff. CARPORT SQ. FT. INSTALL• _SQ. FT. pDD1T10 � rG � • ---�.--SQ• F7: OTHER- MUI.TbFAMILY DWELIJNG APPLiCA710N MUST BE ACCOMPAtNED WITH 2 SETS OF�DRAWINGS. W) COPIES OF• U SVIFGCO MERf:IAL. �PECIFICATIONS AND SITE PLAN. INCLt1DING PROPOSED SET BqCKS FROM pROPERTY UNES. AND LI57 OF MATERtAL R� tABOR COST !F OW NER/ B(11LDER. EtECTRICAL• SUB CONTRAC7'pR T i C �C�n-wd � ' PLUMBING • SU8 CONTRACTOR A/ • --- INSUI/►TION - SU8 CONTRACTOR:� L.,•Pti7 CawA� �fn / � 6f64��hreglaee bESrgta AIR CONDIT�pNER • SUB CONTRAC7'OR ONSTRUCTSON TYPEB . itfilfili66fiQ6fi5f36A8 coNCRere•suaco►vrRacros »�C,,,,,� . -_ ".._:.:.. coNCRe:a er.oc,c I,,�Cc.t_ �'�'g ROOFING- SUB CONTRACTpR '� i ie+pw�s�rnucrune ✓� PRE-FAH CONCRBTE .. MASONRY. SUB CONTRACTOR— N�r sreeL �a PINI6NBD NA60NARY 9LD6. OTHER E'INI696D MLTAL BLDG. t;'a� ! , � � `�-- CO��AT�ACT�� . . v� �' ' � ' ��G ISSUANCE OF THIS PERMIT pOES NOT AU7HORIZE V�OlAT10N OF DEED RESTRICT[ONS ADDRESS WHERE WORK IS 9EfNG DONE�� Ir � S`I" �'� � �s ,�, - �_ �� , IEGALLY DESCRIBED AS: LOTJ�' I�' )L g�OC�� ,� p UN!'��TC 0 F OL(� � — '— SUBDIVISiUN OF D f ��. —�'—'—��N • PARCEL NO. —.3 �. ( • '� � c .. �� y.J � 02 �Q�onn�.,V� ...._.__ ' T_ .� �CIRCLE ONE�OR COUNTY OWNERSNAME ��LG�i-t })�„��_� n�rVWryt,K �Lr �+w/t�M � TELEPHONE NO. MAILING ADDRESS NAME OF CONSTRUCTIOfY CO. OR OWNER ��G p.yy L",,i,r,�� CONTRqCTpp�S CERTIFICATION NU OR C� CARD NO �CO �yr \— VAL E OF PROPOSED WORK TO BE DONE i A a� O �� • IN NSIDERATIONOFTNEGRA[Y7yNGOFTHE LEREQUESTEDPERMIT tDAMFocnvene } �.__.._.___ _ _ S,PERFORMTHEWORu�n�erri.o.....,._...�_ _ t� . - ownniuREOFAPPUCANI FINISH FLOOR ELEVATION REQUIRED BY �GISTERED SURVEYOR BEFORE CO WYLL BE ISSUED _ -•�--..... . ncnv�wUVG CODE FOR OKEECHOBEE, 'IELEPHONE. ST's�'aa��- o�aa7 OKEECHOBEE COUNTY 499 North West 5th Avenue Okeechobee, Florida 34972 Building and Zoning Department PERMIT Permit #: 92060047 Type: BUILDING COMMERCIAL Job Location: 104 SE 6TH ST Lot: 02200 Blk: 0100 Sub: � Juris: UNKNOWN JURIS Subdiv: CITY OF OKEECHOBEE Parcel: R3-21-37-35-0020-02200-0100 Plan Nbr: Owner: DUNiiAM, DALLAS JR & Flood: Elev: Project: : Job Description: ADDITION ONTO COMMERCIAL BUILDING Applicant Name: BILL TOMLINSON Contact Phone: 763-3445 Inspector'Area: Page 1 of 1 Issued: 06/04/92 Type: CONTRACTOR Double Fee: N Contractor Name: TOMLINSON, BILL Cert Nbr: 101 Business Name: BILL TOMLINSON CONSTRUCTI Set Back: 20' 8' 10' FCC Code: 434 RES. ADD, ALTER. & CONVERT. Square Footage: 656 Number of Units: 1 Addl Info: Item Description VALUE VALUATION Rate: Floors: 1 Quantity 1 Cost $96.00 Permit Fee: $96.00 Plan Rev Fee: $40.00 Radon Tax: $6.56 Admin Fee: $1.50 C.O. Fee: $10.00 Total: $154.06 IN ACCORDANCE WITH APPLICATION ON FILE IN THIS OFFICE CONCEALED WORK MUST BE SHOWN BEFORE BEING COVERED. FAILURE TO COMPLY WITH THE MECHANICS' LIEN LAW CAN RESULT IN THE PROPERTY OWNER PAYING TWICE FOR BUILDING IMPROVEMENTS. Not ic e: in addition to the requirements in this permit, there may be additional raetrictions applicable to this property that may be found in ihe records of this county, and there may b� additional permits required from other governmental entities such as water management dietricte, etate agencies� or federal aqencies. FS:553.79(10) Before any building is ocaupied, it will be neceesary to secure a Certificate of Occupancy. Befoze building construction is etarted� approved eanitary facilitias for worlanen ehall be provided. In coneideration of the granting of thie Permit� the owner and builder agree to construct this buildinq in full compliance with the Building and Zoning codee of okeechobee County, Florida� and futher aqree that if any queetion may ariee ns to the meaning of eaid codae, that they will accept the Building oificial•s interpretation of eaid codae and all other codee�and be gwerned aceordingly. »> TBIS PERMIT FEE IS NOT REFUNDABLE AFTER 30 DAYS «< PERMITS SHALL BECOME NULL AND VOID IF WORR AUT80RIZED IS NOT START£p WITBIN 3 MONTBS OF DATE OF PERMIT. Job Value: $22,960.00 Bua.ldings : 1 For Inspection, Call PEGGY @ 763-5548 OREECROBEE COUNTY 499 North West 5th Avenue Okeechobee, Florida 34972 Suildiag and Zoaing Department INSPECTION CARD PERMIT NBR: 92060047 TYPE: BUILDING COMMERCIAL ISSUED: 06/04/92 JOB DESCRIPTION: ADDITION ONTO COMMERCIAL BUILDING JOB LOCATION: 104 SE 6TH ST JURISDICTION: CITY OF OKEECHOBEE PARCEL: R3-21-37-35-0020-02200-0100 OWNERS NAME: DUNHAM, DALLAS JR & ROSIE APPLICANT NAME: BILL TOMLINSON CONTACT PHONE: 7�63-3445 CONTRACTOR NAME: TOMLINSON, BILL BUSINESS NAME: BILL TOMLINSON CONSTRUCTION LOT: 0100 BLK: 02200 SUB: CITY FLOOD: ELEV: TYPE: CONTRACTOR CERT NBR: 101 TAIS CARD MUST BE POSTED IN A CONSPICUOUS PLACE AND PROTECTED UNTIL THE PERMIT HAS BEEN FINALED. For inspections, call: PEGGY @ 763-5548 Inspection Temp. Electric Footing & Foundation Plumbing Rough In Slab Columns Perimeter Beam Structural Steel Elec Rough Wiring Air Cond Rough Plumbing Top Out Sept Tank or Swr Con Framing Wall Insulation Roofing Final Plumbing Final Insulation Final Porch/Patio Driveway Soil Density Survey Flood Zone Cert Date 0 � Init Appr � � � N/A nts OREECHOBEE COUNTY 499 North West 5th Avenue Okeechobee, Florida 34972 Building and Zoning Department PAYMENT RECEIPT TRANSACTION NUMBER: 6378 TRANSACTION DATE: 06/04/92 PERMIT NUMBER: 92060047 PERMIT TYPE: BUILDING COMMERCIAL PERMIT JOB DESC: ADDITION ONTO COMMERCIAL BUILDING JOB ADDR: 104 SE 6TH ST (23307) FCC DESC: RES. ADD, ALTER. & CONVERT. (434 � MEMO: ck # 440 JT FEE CODE DESCRIPTION AMOUNT PERM PERMIT FEE 96.00 RTAX 17ADON TAX 6.56 PLAN PLAN CHECK FEE 40.00 ADMN ADMINISTRATIVE FEE 1.50 COCC C. O. FEE 10.00 AMOUNT PAID: $154.06 � ; : � . ,. . . , _ ._ _ . . . .._ _. ._ ._ � . . - -- � ; � � � , ' . i� ' -!. , .; . .. .. .. _., . . , .. -- .. . . .. _. . . _ . 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'�.�,.. f� OKEECHOBEE COUNTY 499 North West 5th Avenue Okeechobee, Florida 34972 Building and Zoning Department PERMIT Permit #: 92060036 Type: POLLUTANT STORAGE TANK Page 1 of 1 Issued: Job Location: 208 S PARROTT AVE Lot: 01730 Blk: OOlA Sub: Juris: UNKNOWN JURIS Subdiv: CITY OF OKEECHOBEE Parcel: R3-15-37-35-0010-01730-OOlA Plan Nbr: Owner: KEATING, ROBERT & AR Flood: Elev: Project: . � Job Description: 4000 GALLON FUEL TANK REMOVAL Applicant Name: GLEN ALONZO WILLS Type: CONTRACTOR Contact Phone: 813-646-1044 Inspector Area: INSSE Double Fee: N Contractor Name: WILLS, GLEN ALONZO Cert Nbr: 7 Business Name: TRACK ENVIRONMENTAL SERVI Set Back: 25' 10' 10' FCC Code: Square Footage: Number of Units: 1 Addl Info: Rate: Floors: Job Value: $2,975.00 Buildings: Item Description Quantity Cost VALUE VALUATION 1 $36.00 Permit Fee: $36.00 Plan Rev Fee: $25.00 Radon Tax: Admin Fee: $1.50 C.O. Fee: Total: IN ACCORDANCE WITH APPLICATION ON FILE IN THIS OFFICE CONCEALED WORK MUST BE SHOWN BEFORE BEING COVERED. FAILURE TO COMPLY WITH THE MECHANICS' LIEN LAW CAN RESULT IN THE PROPERTY OWNER PAYING TWICE FOR BUILDING IMPROVEMENTS. $.00 $62.50 Not ic e: In addition to the reguirements in thie parmit, there may he additional reetrictione applicable to thie property that may ba found in the records of thie county, and there may be additional permite required fraart other governmental entities guch ae water management dietricte, atate agencies, or federal agenciee. FS:553.79(10) Before any buildinq ie occupied, it will be necessary to eecure a Certificate of Occupancy. Before buildinq conatruction is etarted, approved eanitary facilitiea for worlanen ehall be provided. In coneideration of the granting of thie Permit, the owner and builder aqree to conetruct this building in full compliance with the Building aad Zoning codee of Okeechobea County� Florida� and Euther agree that i£ any question may arise ae to the meaning of eaid codee, that they will accept the Building Official�s interpretation of aaid codae and ell other eodes�and be qoverned accordfngly. »> THIS PERMIT FEE IS NOT RSPUNDABLE APTER 30 DAYS «< PERMITS SHALL SECOME NULL J1ND VOID SF WORR AUTHORI2ED IS NOT STARTED WITHIN 3 HOlZTHS OF DATE OF PERMIT. For Inspection, Call PEGGY @ 763-5548 �e�rn to: (enclose selt-addressed stamped envetope) BURTON C. CONNER, P.A. �°°`tl" 308 Northwest Fifth Street Okeechobee, Florida 34972 Thls Instrument Prepared Dy: BURTON C. CONNER, P.A. A°°""� 308 Northwest Fifth Street Okeechobee, Florida 34972 Property Apprilsers Pucel Identlftc�tlon (Folio) Number(s): � WARqANTT DEED INOIVID, i0 INOIVIO P „ pAMCO FORM OI — SPACE A9WE TNIS IIME fON PflOCE551N0 DATA SP�CE �8011E TNIS LIME fOR RECONDINO D�T� �his �Dlarranty �eed �r��r< <►,e Ja>� �I March �. �� U90 by LAVON BASS and GAIL BASS, his wife l�erainufler call�el Ilie yranlor, lo DALLAS DUNHAM, JR. and ROSIE DUNHAM, his wife whose posjoJ�ice addrnss is h�rcinn�ferZ caileri flie yranlrr: iw��.�,.. ,�a i�.�� • o-,��. „��„�•• �,i ,��„r• ��i��a. .0 �i�. n.,�;., �„ �i��. �„�.�� .��a d�. i�.;,.. i�.:,i .�N,..��;.�> ,��e °,„�.��. „f inJ�.iJual.. an�l m. .,,��.„�,,. ,�a ,..;.��. ��i �,�.,,� ��.,�„i �itnesseth• T��al 1�� ryrnnlur. �ur anr� in ronsir�vrnfion n� f�t� s�mi o� R 10.�0 ant� of�i�r e�a�uaLlr. cm�sidoralions, roroi��l wli��r��o� is liorcby acl�nou�fedpvd. lirr��y ,ryrpnls, I�nrqains, sells, alinns, re- mises, reI�•ases, conveys anc� con�irms �udo I%�a ��rnnf�r. aII l�ial cerfain �ant� siluafe in pkeeehobee Counly, Flu�ida, oi:: . , �l ; Lots 10, 11 and 12, Block 220, FIRST ADDITION TO OKEECHOBEE, according to the plat thereof as recorded in Plat Book 5, Page 6, Public Records of Okeechobee County, Florida. SUBJECT to restrictions, reservations and easements of record. ��9el�Qr wil�i a�� Ihe lenements, {�eredilamenls and app«rlenances Iherefo beionging or in any- wise apperlaining. �'o �iaue and to L�� I�e same in Jee simp�e �orever. �n� 1'ie grartfor �tereby covenanls wit�i sald granfee f�iaf I��e �ranlor is �awfui�y seizeci o� saiii �anr1 in jee sirnple: Ilia! l�e �ranlor �as goo�i rig��t and �aw�tel atdliorify lo se�� anJ convey said �ant�; ttia! I��e granlor �iere�y f ul�y warranls I�e Iifle to saici �and anci u�i« �ief rnd Il�c same againsl 1{�e law�ul claims o( aIl persons whomsoever; and eha! said Iand is (ree o� al[ encam6ra�ices. excep! laxes accruing suhsequent lo necem6er 31. 1�0 �n �litness �Qll�ereof� ll�e said granlor F�as signed and sealed Ihese presenls Ihe day and year jirsl a6ove curilten. Signetl, sealed anci delivered in our presence: .......................................................................................... .........................................................................� .......................................................................................... LAVON BASS .......................... ..,... ... . .. . .. ................... � GAIL BASS STATE OF FLORIDA � CouNTY OFOKEECHOBEE I HEREBY CERTIFY that oo thi� day, 6efore me, an o[fieer duly authorized in the State aforesaid and in ehe Count>• a(oresaid, to takc acknowledgmente, personally appeared I�AVON BASS an�I GAII� �ASS t�i��s wife w mt known to c the per:ong dexn d m an io exeEute �e fore¢oin¢ inserument and thgy acknowledged Lcfore mc ehat theyc�ecutrd che same. «'ITtiESS m7� hand and o(ficial scal in the County and State last aforesaid this day oi March 4 D i9 90 My commission expires: NOTARY �•P[JBIy�C�,��-�STAT�E••pF�•••F�pRIDA�• � � N � � N � �9 9 - _� �.i.1. _ " � ...�.��. -,... OKEECHOBE_E CO�DE 17. Items 2& 5, BSF, Special Exceptions. 18. Items 1& 7, RG, Special Exceptions. � Permitted Accessory Uses and Structures: 1. Are customarily accessory and clearly incidental and subordinate to permitted or permissible uses and struc- tures. � 2. Are located on the same lot as the permitted or per_ missible use or structure, or on a contiguous lot in the same ownership. 3. Do not involve operations or structures not in keeping with the character of the district. �" On the same premises and in connection with permitted or permissible principal uses and structures, dwelling units only �for occupancy by owners or employees. Prohibited Uaes and Structures: Any use or structure not specifically� provisionally, or fiiy reasonable implication permitted herein. Special Exceptions: �. , Permissible by board of adjustment after public notice and hearing and safeguards (see section 13.3) : 1. Wholesale, warehouse, or storage activity, but not in- cluding bulk storage.of flammable li�quids._ 2. Building trades contractor with storage yard for equip- ment and materials on prem�ses. 3. Crematory, 4. Radio or television transmitter; cable television recep� tion and operational facilities. 5. Outdoor recreational activities such as miniature golf course, motion picture theater, archery range, pony ride, fairs, and carnivals. 1664 � _ � � r� APPENDIX A—ZONING OitDINANCE 6. Multiple family dweIlings, provided minimum lot area shall be at least 40,000 sq. ft, and all other require- ments as for RG shall be met. 7. Item 5, RSF, Special Exceptidns. Minimam Loi Requirements (Area and Width) ; None� except as needed to meet all other requirements set out herein. Maximum Lot Coverage 6y All Buildings: Unrestricted, except as needed to meet all other require- ments set out herein. Minimum Yard Requirements (Depth of Front & Rear Yazds; Width of Side Yards) : Commercial, service, warehouse, or .office activities : Front: 20 ft. Side: Must be none or else 8 ft., except where C lot ' abuts land residential, with or without an inter- � vening street or alley, then 20 ft, side yard must be provided on C lot. Rear: 10 ft., except where C lot abuts land zoned resi- dential, with or without.an intervening street or alley, then 20 ft. rear yard must be provided on C lot. Maximum Height of Struciures: , No portion shall exceed 45 ft. Limitations on Signs: (See also Section 10) No signs intended to be read from off the premises except: 1. Illuminated or non-illuminated wall, ground, pyIon, canopy, marquee, or projecting signs t6 advertise serv- ices or sales of products on the premises. 1665 � e f� •::: �. "`�. _� ,� 1"�� ") p � �u Sec. 22 OKEECIIOBEE CODE boarded. An adult dog is defined as one four (4) or more months in age. 52. Kindergarten. See Child Care Center. 53. Loading Space, Offstreet. Space logically and conveniently located for pickups aad/or deliveries or for loading and/or unloading, scaled to delivery vehicles expected to be �tsed, and accessible to such vehicles when required offstreet parking spaces are filled. (See also Section 7.13(m—p).) 54. Lot. For purposes of this zbning ordinance, a"lot" is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. �Such lot shall have frontage on a public street or on an ap- proved private street, as set oui in Section 7.6, and may consist of : a. A single lot of record; b. A portion of a lot of record; c. A combination of complete lots of record, or compleie lots of record and portions of lots of record, or of portions of lots of record; � d. A parcel of land descri:bed by metes and bounds; pro- vided, that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of these zoning regulations. 55. Lot Frontage. The front of an interior lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides 1632 APPENDIX A—ZONING ORDINANCE Sec. 22 of a lot adjacent to streets shall be considered frontage, and yards shall be provided as set out in this zoning ordinance. For the purpose of computing number and area of signs, front- age of a lot shall be established by orientation of the frontage of �buildings thereon, or of principal entrance points to the premises� if building frontage does not clearly indicate lot frontage. If neither of these methods are determinant, the Zoning Administrator shall select jlot frontage] on the basis of traffic flow on adjacent streets, and the lot shall be con- sidered to front on the street with the greater traffic flow. (See atso Building Frontage.) 56. Lot Measurement, Depth. Depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot Iines in front and the rearmost points of the side lot lines in the rear. 57. Lot Measurement, Width. Width of a lot shall be considered to be the distance be- tween straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard ; provided, however, that width between side lot Iines at their foremost points (where they intersect with the street line) shall not fie less than eighty (80) percent of the required lot width except in the case of lots on the turning circle of a cut-de-sac, where the eighty (80) percent require- ment shall not apply. 58. Lot of Reoord. A lot of record is: (1) a lat which is part of a svbdivision recorded in the office of the Clerk of the Circuit Court of Okeechobee County, or (2) a lot or parcel described by metes and bounds, the de- scription of which has been so recorded on or before the effective date of this zoning ordinance. 1633 a Sec. 22 OKEECHOBEE CODE buildable area, but limitations on percent of the lot which may be covered by buildings may require open space within the buildable area. 11. Building Frontage. For purposes of computation of number and area of signs permitted on buildings, in cases where linea.l feet of building froniage is a determinant� the frontage of a building shall be computed as nearly at ground level as computation of hori- zontal distance permits. In cases where this test is indeter- minant or cannot be applied, as for instance where there is a diagonal corner entrance or where two (2) sides of a building have entrances of equal importance and carry approximately equal volumes of pedestrian traffic, the Zoning Administrator shall select building frontage on the basis of interior layout of the building, traffic� on adjacent streets, or other indicatora availal�le. (See also Lot Frontage.) 12. Suilding, Height of. The vertical distance measured from the curb level to the highest point of the roof surface of a flat roof, to the deck line of a mansard roof and to the mean height level between eaves and ridge gable, hip and gambrel roofs. For buildings set back from the street line, the height of the building shall be measured from the average elevation of the finished grade alona the front of the building provided its distance from the street line is not less than the height of such grade above the established curb level. (See illustration at end of this Section and Section 7.4, "Exclusions from Height Limits.") 13. Building Line. APPENDIX A—ZONING OADINANCE Sec. 22 14. Building Site. The lot or Iots or gortion of a lot or lots used for a structure, the total area of which lots is ascribed to the building or structure for compliance with zoning regulations. 15. Carport. An accessory structure or portion of a principal structure, consisting of a roof and supporting members such as columns or beams, unenclosed from the ground to the roof on at least two (2) sides, and designed or used for the storage of motor driven vehicles owned and used by the occupants of the build- ing to which it is accessory. 16. Change of Occupancy. The term "change of occupancy" shall mean a discontinu- ance of an existing use and the substitution therefore of a use of a different kind of class. Change of occupancy is not intended to include a change of tenants or proprietors unless accompanied by a change in the type of use. 17. Child Care Center. An establishment where three (3) or more children, other than members of the family occupying the premises, are cared for. The term includes day nurseries, kindergartens, day care service, day care agency, nursery school, or play school. The term does not include foster homes. 18. City. ["City"] shall mean the City of Okeechabee, Florida. 19. Clinic, Medical or Dental. The rear edge of any required front yard or the rear . edge = An establishment where patients, who are not lodged over- of any required setback line. Except as specifically provided night, are admitted for examinatiun and treatment by one by this zoning ordinance, no building or structure may be ex- —. person or group of persons practicing any form of the healing tended to occupy any portion of a lot streetward or otherwise arts, whether such persons be medical doctors, chiropractors, beyond the building line. osteopaths, chiropodists, naturopaths, optometrists, dentists, 1622 1623 � _�v. � � !� .°. -;.� •;� i Name: � � Contact Nu E-mail: � �� . � � i; s): [i.F:l.-9 -"' i ! ..�C~':.L. L + 1 G ---r— ) t i;�°��;f -I �r� ` RECORDS RESEARCH/REQUEST FORM City of Okeechobee - Office of the City Clerk 55 SE 3rd Ave, Room 100, City Hall, Okeechobee, FL 34974 Phone: (863) 763-3372 ext. 9814 Request No. � �, ; 'i �� Y d'L�d,1 � f � �CLl1J� L�.L'i.@.i/� �i- `�i!� • -f-rar�� • •�� -•• • � • ,' . „,, �CU �1 . �• � �• �. �: ��) � �= 'Single-sided copies �uP co �eyai s�ze) $ 0.15 per page x No. of pages - t�J - � 'Double-sided copies ��P co �e9ai s�Ze� $ 0.20 per page x No. of pages: _ y �� Compact Disc (CD) $ actual cost x Qty: _ -� Extraordinary Staff Time $ per hour x No. of hours: _ •� C'„ Start time: Stop time: Total: - � •Research time over 15 minutes Is considered extensive and must be charged for. � Postage (actual cost) _ ' � Other � �., _ �:� Receipt No.: Total Cost: ��. e • � •�� NOTE: All requests to check-out records must be approved by the City Clerk prior to check-out. Records must be returned no later than 4:30 p.m. the same day of check-out. A copy of driver's license is required for check-out unless a City employee. Check-out Signature: Date: Check-in Signature: Date: Research completed by: Response reviewed by Clerk prior to release: ❑ Yes ❑ No Clerk's Notes: Initials: origtnal Request Receipt of Response Received by: Sent by: Date: Date: Time: Time: NOTE: COPIES OF ALL E•MAIL CORRESPONDENCE MUST BE ATTACHED TO REQUEST. Date: Fulfillment of Request Sent by: Date: Time: Revlsed: 8/9117-BJ 27, 2005 - Board of Adjustment - Page 6 of 11 IV. NEW BUSINESS. C. Consider Petition OS-006-V, continued. D. Consider Petition OS-002-SE: Skip's Bar-B-Que is the property owner, Dennis Bryan is the appiicant. The subject property is located 104 Southeast 6th Street. The purpose for the request is to aliow for a drive-thru to be located within a Heavy Commercial (CHV) Zoning District. Steve Dobbs, Project Engineer, brieflydescribed the request. He explained that [he owners wanted to add a front porch and expand the showroom and stockroom. Mr. Dobbs explained that this property is very close to the downtown area that permits a zero setback. Board Member McCoy questioned whether the boz trailers would be staying and where the parking would be located. Mr. Dobbs explained that the trailers would be removed and the parking would be located along the side of the building. I There was no public comment, nor any further Board discussion. Board Member Hoover motioned to approve Petition OS-006-V with the following stipulations: (1) The proposed expansion must be determined by the City Engineer not to cause an impediment to S.R. 70 tr�c. (2) Parking and loading shall not be decreased below the current level; seconded by Board Member Whidden. VOTE HOOVER - YEA B. KELLER - YEA LEDFERD - YEA 1VIAXWELL - YEA MCCOY- YEA WHIDDEN - YEA MOTION CARRIED. Jennifer Morgan, representative of LaRue Planning and Management, City Planning Consultants, briefly described the Staff Report as follows: Planning Staff Report Item Before the Board oP Adjustment: The matter for consideration is an application requesting a Special Exception in the CHV Zoning District f�r property located at 104 SE 6th Street. The applicants are requesting a special exception to allow a drive thru window at existing restaurant that is being improved. It also appears that the drive thru has been in existence but has never been approved through the special exception process. 27, 2005 - Board of 7 of 11 IV• NEW BUSIlVESS. D. Consider Petition OS-002-SE, continued. E. Consider Petition OS-003-SE: Haynes and Susan Wilfiams ue the property owners and appIicants. The subject property is located at 408 Northeast 3rd sti'eeG Tha purpose for the request is to allow for a singie dwelling unit per commercial structure, not exceediug i�,o bedrooms or eight hundred square feet, within the Light Commercial (CL,T) 7.oning District. Planuing Staff Report Consistency with the Land Development Regulations: When reaching a conclusion on a Special Exception, the Board of Adjustment shall consider and show in its record , the following findings: (A) The use is not contrary to the Comprehensive Plan requirements. This is an existing restaurant and the use has not changed. B) The use is specifically authorized as a special exception use under Section 40-283(1). As noted above, Ihis is an existing drive_tt�ny. C The use wili not have an adverse effect on the public interest. (D) 'I7ie use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. (E) The use will not adversely affect property values or living conditions, nor will it be a deterrent to the development of adjacent property. (F) The use will not be required to be screened from surrounding uses. (G) The use will not create a densiry pattem that will overburden public facilities. (� The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safery. The site plan has reviewed these items and handled them appropriately. Planning Staff.Report Recommendation: Staff recommends approval of the site plan review based upon the appropriate land development regulations being met. There was no public comment, nor any Board discussion. Board Member Hoover motioned to approve Petition OS-002-SE; seconded by Board Member McCoy. VOTE HOOVER - YEA B. $ELLER - YEA LEn�itn - YEn MAX WELL - YEA MCCOY- YEA WHIDDEN - YEA MOTION CARRIED. Jennifer Morgan, representative of LaRue Planning and Management, City Planning Consultants, briefly described the Staff Report as follows: Planning StatiReport Item Before the Board of Adjustment: The matter for consideration by City of Okeechobee Date: +'� Petition No. O5 - QU'� - S t. General Services Department Fee Paid: a . Q Q lurisdiction: �� 55 S.E. 3'a Avenue, Room 101 1 st Hearing: q I a� I OS 2nd Hearino: N Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Publication Dates: y �/ Fax: (863) 763-1686 Notices Mailed: �, -- - I, Applicant mailing addcess: Q C A Name of contact person (state relationship): n� �� - �6 �� N �1 T Contact erson daytime hone(s): �— 70� Fax: —%v �% A Owner mailrng address. lS3(� �, (,V �� E . P Name of applicant(s) if other than owner (state relationship): �� n�� } ; Uniform Land Use Application Rezone • Special Exception • Variance ✓ Name of property owner(s): _ i ✓ Property address / directions to properiy: l ��- 5 (9 -IM �, i Indicate current use of property: �' Describe improvements on propetty, including number/type of dwellings and whether occupied (ifnone, so state): n0 Approximate number of acres: Is property in a platted subdivision? n Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: P R 9 Have there been any land use applications concerning all or part of this property in the last year7 If so, indicate date, p nature and applicant's name: ��; E.. g. Is a sale subject to this application being granted? �� T Y Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: .� Describe adjoining land uses / improvements to the North: p M r,.�e � � South: L> ChJ� C East: �_i r�� West: �'il1�Cl�i �C � Existing zoning: Future Land Use classification: Actions Requested: �� Rezone Special Exceprion �) Variance Parcel Identifcation Number: ✓ , Confirmation of Information Accuracy I hereby certify that the inforrnation in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to 0.00 and imp ' nment of up Eo 30 days and may result in the summary denial of this application. � �� r,.s�C��.� �-J-1-oS Si ature Prin ei d Name Date Uniform Land Use Application (rev. 1�03) Page 1 of 2 Describe the Special Exception sought: ,S p � � / � > � E C,V� � C Provide specific LDR ordinance citation: I, A — � L. Are there other similar uses in the area? Is so, describe: E � �5 � �� E Why would granting your request e in the best interest of the area and residents? P T I Q If business, briefly describe nature includin number of emp oyees, hours, noise generation artd activities to be N conducted outside of a building: j��S��tir� � � Uniform Land Use Application (rev. I/03) Page 2 of 2 BOUNDARY SURVEY LOCATED IN • SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST TALLAHASSEE MERIDIAN OKEECHOBEE COUNTY, FLORIDA DESCRIPTION LOT 10, 11 AND 12, BLOCK 220, FIRST ADDITION TO OKEECHOBEE FLORIDA, ACCORDING TO THE PL4T THEREOF RECORDED IN PLAT 800K 5, PAGE 6, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SURVEYORS NOTES Subject to easements and restrictions of recard. Lands described hereon not abstracted by this office. Underground utilities and foundotions are not shown. The description shown he�eon ivos provided by the' � client and/or his/her agent. _ Not valid without the signature and the original'caised� a seal of a Florido licensed surveyor and mapper. _ The surveyor did not interview adjoining land owners for unrecorded deeds or easements. - Elevations, if any, are based upon assumed datum. Lands shown hereon are in Fload Zone C, as scaled from FEMA FIRM panel no. 120177 02006, dated 2-4-81. Address: 104 SE 6TH STREET OKEECHOBEE, FLORIDA. SURVEYORS CERTiFICATE I hereoy certify that the ottached sketch of survey of the hereon described property is true and correct to the best of my knowledge and belief as surveyed in the field under my direct supervision. Subject to the Guali';cat:ons noted hereon. �mes R. .4lmand, PStvT Professional Surveyor-Mapper Florida Registration No. LS5081 LOT 6 I I I.OT 3 I LOT 2 LOT 1 --_ - I u.o�• --� BLOCK 220 iST ADDITION TO OKEECHOBEE i OKEECHOBEE COUNTY. FLORIDA i t5' A4EY I 142.50'P 589'47'S7"E 14222'M fU S/8' IR �)A�'u I 4).�i'Y I �).�t'4 N 5/9� R I NO iD NU4fi:n NO ID NUMBFR . cwuwuwc rEHcc LOT 7 6].3f' CONCREfE � 1.1 '4�wNlIM SHFD ----'------------'---j - y --'- I _ _ a � ON N pp LOT S � ----- 3 "__" M _ _ N � �� N 0 0 N - - - LOT -& =-- i � � 8� �� I I i �_ SURVEY DATE: MARCH 10, 2004 �� n�rs �r rHc _ � _ — _ _ _ _i00.4ENLY MIRD SRtEtT _ _ _ _ _ _' _ ]�_)5_ '°� p� S E 6 T H S T R E E T M C�4E/SOPEO O�MENSpN a . aui oiup�isi�wi Cu . CONCHEfE MQv�rnFNi CERTIFIED TO ONLY THE FOILOWING PARiIES: I wc : wor+POaoo wm av DENNIS L. BRYAN WM � WAiEF Y[fER 'W . W�iER vILVE ANITA H. BRYAN i ur . uriun oo�[ BIG LAKE NA710NAL BANK, sraier - saxixr ITS SUCCESSORS AND/OR ASSIGNS e-�ac u:ucrx � LENiM� ANC:E OKEE-TANTIE TiTLE INSURANCE COMPANY, INC. cw p"�qo°�n""°E TICOR TITLE INSURANCE COMPANY, INC. sv - souwe �ccr FIRST AMERICAN TITLE INSURANCE COMPANY, INC. ro - ro�u`H`o UNITED GENERAL TITLE INSURANCE COMPANY, INC. ae - aur eooK PG � G�GE ORB � OFfiCv.� aECORDS BoOK PREPARED FOR: DENNIS L. & ANITA H. BRYAN �°:Wo �� L�T 10 � LOT 11 � 0��3 �a FNEE2ER I FREEZ� O O N N a� � cwuxuxlt FEMce � ______ CANClVETE ae.n• --- -'-_. � w000 m�ue .moma+ ]6.96' i srom — Wppp GRWE I COUMERCNL SIRUCNRE ss.ov .. .. . LOT 12 I I �W I� �I� � I 0 �IN 4IW I� � _ H � 0 Z 0 ,. _. ._ . � . _. .. . �_'""_' _— — .. .. ... . " "'"__ . . "__�" _' " _..... � _. . � I �G "__'______$1.�0 _________ J6.86' _' I______'_ S]_3]_ ., t ----------- � 36.36' m i CQJEREO `� i +:�.J6'u COUCFiTE 1).]E'w �i a).]6'Y 35.00' _ I m s/e• in � S89'58 54"E 142.08'M � y�e. ip I =�9'J1'SfE � NO ID NUMBiR � M1Z.SO�P Np 10 NUNBEiI I \ASPMALT pHrvE I� �I \ $�o �� nl I Slap's BBQ 104 SE 6th Street Okeechobec, Fl 34974 Resturant � (863)763-8313 Business Office � (863)467-7700 Fax � (863)467-7074 Dear Sirs In March 2004 my wife and I purchased Skips Bar-B- Que. Two weeks after the purchase we received a letter from the City informing us that we would be required to upgrade certain things so that we would be in compliance with the new codes. We have worked diligently to do everything that has been ask of us . We understand that to come into full compliance so we can receive a City Operating License we must receive a special exception for our Drive-thru window. The Drive thru has been in operation for many years, and we would like to continue to serve customers in this fashion. We thank you for your consid�ration in resolving this matter. Sincerely � ' I�'Ll� Dennis Bryan � Skip's BBQ 104 SE 6th Street Okeechobee, Fl 34974 Restu�-ant � (863)763-8313 B� �sin.�:ss �ffice � (863�67-7740 1:�:�x -- (g63)467-7074 To Whom it May Goncern Let it be known that I Dennis L. Bryan owner of Skip' s Bar-B-Que, ( located at 104 SE 6tt1 Street ) do hereby release the City of Okeechobee from all responsibility should there be an accident caused by a patron backing out of my parking spaces that are located on the city right-of-way. r ( - ` � J ,� �; �,� s�-1 � -= O5 Date �.rar � Notary Public State oi Gi��rla � Dehra J Ser�an�> '�j� �� My Cammissior. !)D i � ,� "�'oF�.� Expire� �2/22�i%�;�r` .S� �-- e Patty Burnette From: Ben Smith <ben@larueplannin�com> Sent: Wednesday, March 17, 202'�4:39 PM� To: Patty Burnette Subject: 21-004-SE Attachments: 21-004-SE Staff Report.docx; 21-004-SE Staff Report.pdf Patty, Please see attached staff report for 21-004-SE. It is ready for advertisement. i3ev� Svv�itln, AICP, LEED GA �C`� �,[1 � ��?� ��-�� I 375.Jac�son �jt �2.OG, � ort M�ers, �� 33�01 Z3J-3'�`F-'J'J66 b�n��arue.��annin6.cc�m Patty Burnette From: Patty Burnette Sent: Tuesday, March 16, 2021 4:31 PM To: Ben Smith (ben@larueplanning.com) Subject: FW: Complaints for 104 SE 6th Street FYI Patt� Nl. Burnette C�enera�Services Coorc�inator Cit� of Ol�eec�o6ee 55 S� 3Y`� Avenue Okeec�o6ee, �'L 34974 P�one: (8 63� 763 -3372 ext. g 8 2 0 Direct: (863� �63-g82o �'ax: (863� 763-1686 e-mail•�bticrriette@cit�o{o�eec(�o6ee.corn we6site: www.citti�ofo(�eec(�o6ee.co��i . '�}'. ^(IXf��... ,. '\k.' �� . � __ �'Y�, _ _ - _�.,f� Under Florida law, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing, Florida Statute 668.6076. CITY OF OKEECHOBEE ELECTRONIC DEVICE DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your correspondence via e-mail, text message, voice mail, etc., may therefore be subject to public disclosure. From: Anthony Smith <asmith@cityofokeechobee.com> Sent: Tuesday, March 16, 2021 4:13 PM To: Patty Burnette <pburnette@cityofokeechobee.com> Subject: RE: Complaints for 104 SE 6th Street Good afternoon Patty... I don't have any complaints about the backing up of traffic at 104 SE 6t'' Street. Anthony Smith City of Okeechobee Code Enforcement Officer 50 SE 2"d Ave. Okeechobee, FL. 34974 (863)763-2626 Extension 9795 Fax (863) 763-7804 ; « �. fFr:. - � --� - - - �... - NOTICE: Florida has a very 6road public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. From: Patty Burnette <pburnetteC�citvofol<eechobee.com> Sent: Tuesday, March 16, 20213:43 PM To: Anthony Smith <asmithCa�citVofol<eechobee.com> Cc: Christina Curl <ccurl(a@citvofokeechobee.com>; Ben Smith (ben@larueplanning.com) <ben@larueplanning.com> Subject: Complaints for 104 SE 6th Street Importance: High Hi Anthony. The address above is for Bucio's Chinese Restaurant. They are applying for a Special Exception approval for drive through service at this site. I believe you are aware because they are currently using the pickup window without the actual approval. What I am needing to know is if Code Enforcement has any records of any complaints of vehicle traffic backing up onto SE 6th Street due to people waiting in line to pick up their orders? Thank you Patt� 2�1. Burnette C�enera�Services Coorc�inator Cit� of O�eec�o6ee SS S� 3r`� Avenue O�eec�o6ee, �F'L 34974 P�one: (863� 763-3372 ext. g82o Direct: (863� 763-g82o �F'ax: (8 63� 763 -168 6 e-mai� �6��ii-��tietteC��c�i:tti�o�o�eeclio6ee.cor►i ; __ 3/15/2021 Okeechobee County Property Appraiser Okeechobee County Property Appraiser i�Iickey L. Bandi, CFA Parcel: («� 3-21-37-35-0020-02200-0100 (34627) .»' Owner 8 Property Info Result: 8 of 43 � I BRYAN FAMILY COMMERCIAL �� PROPERTY LLC `� -� Owner 6300 SE 128TH AVE �� OKEECHOBEE, FL 34974 - Site 104 SE 6TH ST, OKEECHOBEE FIRST ADDITION TO OKEECHOBEE (PLAT BOOK 1 �,� Description' PAGE 11 AND PLAT BOOK 5 PAGE 6) LOTS 10 11 ;��.`3,� 12 BLOCK 220 � ' ` Area 0.462 AC S/T/R 21-37-35 ''� ' _ �. RESTAURANT/CAFE �t' Use Code`"` �2100) Tax District 50 ti. , `?',�,y *The Description above is not to be used as the Legal Description for this parcel ' in any legal transaction. "The Use Code is a Dept. of Revenue code. Please contact Okeechobee Counry ' Planning & Development at 863-763-5548 for zoning info. ,;,� �e Property 8 Assessment Values ' :��r � 2019 Certified Values 2020 Certified Values ; ��_. Mkt Land $50,829 Mkt Land $50,830 � Ag Land $0 Ag Land $0 I�` y✓ s Building $84,961 Building $92,213 , ' XFOB $39,797 XFOB $38,427 ', Just $175,587 Just $181,470' �i Class $0 Class $0 '; ' Appraised $175,587 Appraised $181,470 SOH Cap [?] $0 SOH/10% $p Assessed $175,587 Cap [?] Exem t $� Assessed $181,470 ; P 2020 Certified Values updated: 3/11/2021 �•-' 'r �� sr�C � �� '� � � ' ,a �� 4 �. �_ � , ' , � ' - _. rri;:''a . � +'','°� � • -- - � 1 ' ; i ;, N m A ' C , ,,x ,.}, ��'+ �. ~ + 'j`� yF'r � ^ ' �. � �� v x•� , ,�1:� . .y"." � �. � � f} . r ; �a w �I ( � �,��. . $O;i : coun�.$175,587 Exem t �:$181,470' � } P TOtal ci coun •..,. _. ,f �.;, � Taxable otner:$175,587 Total city:$181,470 ; , - scnool:$175,587 Taxable otner:$181,470 � ' � � � , � ., a. .. ., .. , ., _ scnool:$181,470 �; � M n `. Note: Property ownership changes can cause the Assessed value of the , /^� �� ;,: property to reset to full Market value, which could result in higher property `� ; ' �, n �- taxes. ,�► , � _1,� — i q ; � '. � Sales History Sale Date 7/23/2013 3/26/2004 3/1/1990 7/1 /1989 4/1 /1989 3/1 /1987 9/1 /1981 Sale Price $100 $380,000 $87,500 $127,500 $100 $105,000 $51,000 Book/Page 0735/1430 0527/0431 0312/0189 0306/0350 0303/1545 0285/0118 0000/0000 Deed WD WD WD WD QC WD WD Qualification (Codes) U U U Q U Q Q RCode 11 03 03 03 � Building Characteristics Bldg Sketch Description* Year Blt Base SF Actual SF Bldg Value Sketch REST LOUNG (5601) 1977 2038 2260 $92,213 Bldg Desc determinations are used by the Property Appraisers office solely for the purpose of determining a property's Just Value for ad valorerr �x purposes and should not be used for any other purpose. www.okeechobeepa.comJG IS/ 1/2 Aerial Viewer Pictometery Google Maps -- -- —� � 2020 � 2019 �i 2018 � 2017 � 2015 Sales � 3/15/2021 � Extra Features 8� Out Buildings �codes> Code Description Year Blt ASPH 4 PK WATR/RE 2005 CONC B COM SLB WLK 2005 FENC P 6'1/2 PINE 2005 OFA OPN FLR MTL 2005 FENC I 6'VENETIAN 2005 LN11 LGHT INCD 2008 CONC I BUMPERS 2005 CONC E CURB 2005 MFS W4 MTL FL SHG/C 2005 LWI1 LGHT W ICD 2005 LNQ1 LGHT QURZ 2008 Okeechobee County Property Appraiser Value $24,044.00 $599.00 $163.00 $601.00 $444.00 $144.00 $174.00 $1,292.00 $9,662.00 $296.00 $1,008.00 Units 14248.00 288.00 30.00 91.00 32.00 1.00 16.00 287.00 330.00 1.00 3.00 Dims 64 x 33 Ox0 Ox0 Ox0 Ox0 Ox0 Ox0 Ox0 30x11 Ox0 Ox0 Condition (% Good) PD (75%) PD (80%) PD (70%) PD (75%) PD (75%) PD (80%) PD (70%) PD (60%) PD (85%) PD (80%) PD (80%) `► Land Breakdown Code Description Units Adjustments Eff Rate Land Value 067SP8 SO SIDE ST (MKT) 142.500 FF (0.462 AC) 1.0000/.8700 1.0000/ / $357 /FF $50,830 Search Result: 8 of 43 � Okeechobee County Property Appraiser I Mickey L. Bandi, CFA I Okeechobee, Florida I 863-763-4422 by: GrizzlyLogic.com www.okeechobeepa.com/GIS/ 2/2 Patty, As I'm working on the staff report for 21-004-SE now, I have a couple follow up questions on this one. • Are there any records for approvals other than 05-002-SE. I have submitted a records request to the Clerk's Office. I spent a lot of time already researching this property and only found Special Exception Petition No. 05- 002-SE. Will let you know if the Clerl<'s Office finds any additional records. Copies attached above of the application. • Was any information discovered regarding discontinuance of the restaurant use and/or just the drive through service use? Rese�rched (with the BTR assistant-Kim Barnes) the list of businesses that existed at this located and approximate dates of when they opened and closed. This is information from the records they had available. Their records only go back to 1999. See below: Skips Bar-B-Que opened ???? closed 5/2009 Skipjacks opened 7/2009 closed 8/2011 Backyard BBQ opened 10/2011 closed 12/2013 Geechee Mon's opened 2/2014 closed 4/2015 Kinciqui opened 12/2015 closed12/2017 Chen's opened 2/2018 closed 5/2020 Buccio's opened 5/2020 to present Since it was constructed in 1979, it seems unlikely that the City would have any building plans or site plans on file. But if there are, it would be good to review those as well. According to Property Appraiser's website structure was built in 1977. Again Clerk's Office is researching but doubtful that there are any records. In the attachment above, there is a copy of a survey dated 3/10/2004. Will let you know when they get back to me. It does not appear that there is an ordering station with a microphone and speaker. Do you know if that is correct? As far as I'm aware there is just a window. Stated in the applicant's responses for granting a special exception on page 8 of the application question number 4, people drive up to window, receive their food, pay and leave. Thanks, i3ecn Sw1rtG�, AICP, LEED GA �� . ' � �. �.C� �, „N��_� I � 7� �a3c�:s��n �'jt �ZOc, �urt MtjerS. ��1_ 3 � 701 ?�i�-3'�4-33i�c� 6en@�arueF+�annin�.com From: Patty Burnette <pburnette@citvofokeechobee.com> Sent: Friday, November 20, 2020 1:12 PM To: Ben Smith <ben(a�larueplanning.com> Cc: Yesica Montoya <ymontoya@citvofokeechobee.com>; Kim Barnes <kbarnes@citvofokeechobee.com> Subject: RE: 104 SE 6th Street Thanks Ben for checking on this one. I have been doing some research and I did find a Special Exception for a drive-thru window was applied for and approved in 2005 (05-002-SE). What I don't know is whether the use at any time was discontinued for more than 180 days. That will need to be researched on our end. Patty Burnette From: Sent: To: Cc: Subject: Attachments: Patty Burnette Monday, March 15, 2021 12:38 PM Ben Smith kbarnes@cityofokeechobee.com RE: 104 SE 6th Street Special Exception Petition No. OS-002-SE.pdf Hi Ben. Responses below in red. Hopefully this helps. Patt� Nl. Burnette C�enera�Services Coorc�inator Cit� of O�eec�o6ee 55 SE 3'"d A.venue O�eec�o6ee, F.L 34974 P�one: (8 63� 763 -3372 ext. y 82 0 Direct: (863� 763-g8�o �Fax: (863� 763-1686 e-maiC �6urnette@cit�ofo�eecF�o6ee.com � -we6site: tivww.cit�aofo�eec(�o6ee.com ' +"�Y•+•`•C'X°`!(': ��.�L J.�'. i ' ; P. . +l,i Y-`_ � �A7: .r�- .��r ,....,,�y` Under Florida law, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing, Florida Statute 668.6076. CITY OF OKEECHOBEE ELECTRONIC DEVICE DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your correspondence via e-mail, text message, voice mail, etc., may therefore be subject to public disclosure. From: Ben Smith <ben@larueplanning.com> Sent: Monday, March 15, 2021 10:53 AM To: Patty Burnette <pburnette@cityofokeechobee.com> Cc: Yesica Montoya <ymontoya@cityofokeechobee.com>; Kim Barnes <kbarnes@cityofokeechobee.com> Subject: RE: 104 SE 6th Street Patty Burnette From: Sent: Cc: Subject: Ben Smith <ben@larueplanning.com> Monday, March 15, 2021 10:53 AM Patty Burnette Yesica Montoya; Kim Barnes RE: 104 SE 6th Street ( ��,, ,¢ '_ ; . ';'�{ �l ��r �°"(,�J� � Patty, � As I'm working on the staff report for 21-004-SE now, I have a couple follow up questions on this one. �' • Are there any records for approvals other than 05-002-SE. � • Was any information discovered regarding discontinuance of the restaurant use and/orjust the drive through � - ----- - - --- � � service use? C��ey��'� � Since it was constructed in 1979, it seems unlikely that the City would have any building plans or site plans on ��'�;y file. But if there are, it would be good to review those as well. 11��, .; • It does not appear that there is an ordering station with a microphone and speaker. Do you know if that is k� ', �, � . �- correct? Thanks, i3ev� Swiitln, AICP, LEED GA ��_�� '� .� C��'1 � I'� � � 3%5 .��c.�son �jf #206, �or-t Myers, �� 33901 2'�)-'�34-'J'J�6 ��enC?��rue ��3nnii ,.�T�.com From: Patty Burnette <pburnette@cityofokeechobee.com> Sent: Friday, November 20, 2020 1:12 PM To: Ben Smith <ben@larueplanning.com> Cc: Yesica Montoya <ymontoya@cityofokeechobee.com>; Kim Barnes <kbarnes@cityofokeechobee.com> Subject: RE: 104 SE 6th Street Thanks Ben for checking on this one. I have been doing some research and I did find a Special Exception for a drive-thru window was applied for and approved in 2005 (05-002-SE). What I don't know is whether the use at any time was discontinued for more than 180 days. That will need to be researched on our end. Thank you again. Patt� M. Burnette C'j. enera�Services Coorc�inator Cit� of O�eec�o6ee SS S� 3r`� Avenue O�eec�to6ee, �F'.� 34974 P�one: (863� 763-3372 ext. g82o Direct: (863� 763-g82o Fax: �8 63� 763 -168 6 e-mai� �6urnette@cit�ofo�eec�o6ee.cor►�i J tive6site: www.cl:t�ofo�ieec�.o6ee.com N,L`K,C,15•i1KfE R/�1"' : r: � - � . Z� _ - ' Under Florida law, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing, Florida Statute 668.6076. CITY OF OKEECHOBEE ELECTRONIC DEVICE DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your correspondence via e-mail, text message, voice mail, etc., may therefore be subject to public disclosure. From: Ben Smith <ben@larueplannin�.com> Sent: Friday, November 20, 2020 1:00 PM To: Patty Burnette <pburnette@citvofokeechobee.com> Cc: Yesica Montoya <ymontova@citvofol<eechobee.com>; Kim Barnes <I<barnes@citvofol<eechobee.com> Subject: RE: 104 SE 6th Street Patty, It sounds like what they are doing meets the definition of a drive through. Follow up questions: Are we sure the special exception was never approved? If we are sure that a special exception use was never approved for the drive through, then it is a non-conforming use. Even if the non-conforming use was legally nonconforming because it predated the code, there was a sale of the property in 2004. According to Section 90-35(b), since there was a sale of the property in 2004 [the sale in 2014 looks like it may be an excluded sale, as described in the last sentence of 90-35(b)], the nonconforming use should've ceased to exist or a special exception would've been required for the drive through use to continue. 90-35(b) Transfer of nonconforming commercial use. In the event the underlying lands on which exists a nonconforming use in a commercial, commercial business district, commercial professional office, or industrial zoning category within the city is sold, assigned, or in any manner transferred from the record title holder of said lands, as such ownership is reflected in the records of the Clerk of Court or Property Appraiser for Okeechobee County, such nonconforming use shall cease, and not be permitted to likewise be transferred, and the nonconforming use shall extinguish. Any such future use of said lands subsequent to transfer shall be in compliance with all current City Codes, and land use regulations applicable to such zoning or land use designation. Excluded from this prohibition is the transfer of ownership of said lands to a corporation, professional association or limited liability company recognized under Florida law whose majority stockholder is the same person as the previous record owner. If a special exception was granted, but the use was discontinued for a period of 180 days, then they would have to reapply for the special exception according to 70-373(f). 70-373( fl Nonuse. If the special exception use granted by the board of adjustment should fail to exist or fail to be used for a continuous period of 180 days, then such use shall lapse and the current owner be required to reapply as provided in this division. In case of hardship, where the loss of such special exception would materially affect the integrity of any mortgage or other financing arrangement on the subject real property, the board of adjustment may consider such hardship in granting a renewal of such special exception. Give me a call if you'd like to discuss. �3ev� Sv�nitln, AICP, LEED GA �� ?� ��"�le�fi� I� j 5,)ackson �jt #206, � ort Myers, �L. 3�)O1 Z3�-33`F-3�6� uanC��arucp��n�iinr.com From: Patty Burnette <pburnetteC�citVofol<eechobee.com> Sent: Friday, November 20, 2020 10:07 AM To: Ben Smith <ben(q�larueplannin�.com> Cc: Yesica Montoya <vmontova@citvofol<eechobee.com>; Kim Barnes <kbarnesC�citvofol<eechobee.com> Subject: 104 SE 6th Street Good Morning Ben. . From information listed on the Property Appraiser's website it appears a restaurant was built at this address back in 1977. As far as I know there has always been some type of restaurant there. It also appears there is a window that people have ordered/picked up food from. There is no menu board though. What I would like to confirm is that from looking at the definition of drive-through service below, this window, if in fact is being used in this manner, would need a Special Exception approval, if one has not been approved in the past and not had that use fail to exist or fail to be used for a continuous period of 180 days? Drive-through service means a building or part thereof, where a product is sold to, or a service performed for, customers while they are in or near a motor vehicle, except for an auto service station and a car wash. Patt� 1V1. Burnette C'j. enera�Services Coord�inator Cit� of O�eec(�o6ee 55 S.� 3Y`� Avenue O�eec�o6ee, �FL 34974 P�one: (863� 763-3372 ext. g82o Direct: (863� 763-g8�o rFax: (8 63� 763 -168 6 e-mai� �6urnette@cit�ofo(�eec(�o6ee.co�ni tive6site: tivw�v.cit�uofo�eec(�o6ee.co�m .-:r:�;�:<;.�==-._ .��,;� s` �,�4. �'�, � �:::. - �r -_ .�i�_ - ..!� �� Under Florida law, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing, Florida Statute 668.6076. , CITY OF OKEECHOBEE ELECTRONIC DEVICE DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your correspondence via e-mail, text message, voice mail, etc., may therefore be subject to public disclosure. 4