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2007-12-20CITY OF OKEECHOBEE PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS DECEMBER 20, 2007 SUMMARY OF BOARD ACTION I. CALL TO ORDER - Chairperson. Planning Board /Board or Adjustment and Appeals, December 20, 2007, 6:00 p.m. 11. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson William Ledferd Vice- Chairperson Dawn Hoover Agency Member Terry Burroughs Agency Member Kenneth Keller Agency Member Devin Maxwell Agency Member Douglas McCoy Agency Member Carol Johns Alternate Member Epifanio Juarez Alternate Member Mike O'Connor Attorney John R. Cook Planning Consultant Bill Brisson Secretary Betty Clement III. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the November 15, 2007 regular meeting. PAGE 1 OF 4 Chairperson Ledferd called to order the December 20, 2007 Planning Board /Board of Adjustment and Appeals at 6:00 p.m. Board Secretary Clement called the roll: Present Present Present Present Present Absent (With consent) Absent (Without consent) Present (Moved to voting petition) Present (Moved to voting petition) Present Present Present Board Member Burroughs motioned to dispense with the reading and approve the Summary of Board Action for the November 15, 2007 Regular Meeting; seconded by Vice Chair Hoover. VOTE LEDFERD -YEA BURROUGHS - YEA MCCOY - ABSENT MOTION CARRIED. HOOVER -YEA JOHNS- ABSENT JUAREZ -YEA KELLER - YEA MAXWELL - YEA O'CONNOR - YEA IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. V. OPEN PUBLIC HEARING - Chairperson. QUASI- JUDICIAL A. Consider a Special Exception Petition No. 07- 008 -SE to allow a guesthouse within Residential Single Family -One (RSF -1) Zoning District (ref. Code Book Sec. 90- 103(3)) submitted by property owner Lidio Benitez - Chavez. The subject property is located at 1001 Southwest 3rd Street. Legal description: Lots 1 and 2 of Block 8, Southwest Addition, as recorded in Plat Book 2, Page 7, Public Records of Okeechobee County and is approximately 0.335 acre(s) - Planning Consultant. DECEMBER 20,2007 PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS- PAGE 24F Chairperson Ledferd asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. There were none. CHAIRPERSON LEDFERD OPENED THE PUBLIC HEARING AT 6:00 P. M. Consider a Special Exception Petition No. 07- 008 -SE to allow a guesthouse within Residential Single Family -One (RSF -1) Zoning District (ref. Code Book Sec. 90- 103(3)) submitted by property owner Lidio Benitez- Chavez. The subject property is located at 1001 Southwest 3rd Street. Legal description: Lots 1 and 2 of Block 8, Southwest Addition, as recorded in Plat Book 2, Page 7, Public Records of Okeechobee County and is approximately 0.335 acre(s). Mr. Bill Brisson presented the LaRue Planning Staff recommendation of denial, citing setbacks as the main problem. Current regulations is a little uncertain. Allowing a guest house implies the guest will not be permanent, however servant quarters implies permanent residency. This seems to be a dichotomy, a division into two especially mutually exclusive or contradictory groups. The City needs to clarify the Special Exception Use. Mr. Brisson also stated, if the Planning Board approves the petition, the dwelling would have to be moved or a variance would need to be sought. Vice Chair Hoover reported, Section 90 -634 of the City Code Book says no variance can be permitted on this use. The only alternative is to move the garage. Mr. Donald Smith, 1003 Southwest 3`d Avenue addressed the Board, stating, he has lived at this address three and a half years. It was a concrete garage. The first year Mr. Smith resided at 1003 Southwest 3rd Avenue and people moved into the garage, he called the code enforcement, and it was reported back to Mr. Smith., they were unable to contact the residents. The second occupancy was an adult and a small child, then a single gentleman, and lastly a woman and a 15 year old child. Code said to call the police. Mr. Smith stated Mr. Chavez has replaced the garage doors and added electric with no building permits issued. Chair Ledferd asked whettiar there were further questions by the citizens or the Board. There were none. Board Mer",oer Maxwell made a motion to deny Special Exception No. 017 - 008 -SE to allow a guesthouse within a Residential Single Fam;,;y -One (RSF -1) Zoning District on the basis the petition does not comply with sub - sections d, e and f of Section 70 -373 of the City Code Book, that the use is not appropriate for the proposed location, that it will adversely affect property values and that the required screening and buffering is not permissible, because of the non- conforming setbacks of the structure; seconded by Vice Chair Hoover. DECEMBER 20,2007 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 3 OF 4 V. OPEN PUBLIC HEARING CONTINUED. QUASI- JUDICIAL A. Consider Special Exception Petition No. 07- 008 -SE continued. B. Consider a Special Exception Petition No. 07- 009 -SE to allow mechanical and repair services within Heavy Commercial (CHV) Zoning District (ref. Code Book Sec. 90- 283(7)) submitted by Rich Sampson on behalf of property owner Tom Elmore. The subject property is located at 415 East North Park Street. Legal description: Lots 11 and 12, Lot 10 less South 15 feet of Block 151, City of Okeechobee, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County and is approximately 0.509 acre(s) - Planning Consultant. VOTE LEDFERD - YEA BURROUGHS - YEA MCCOY - ABSENT MOTION CARRIED. HOOVER -YEA JOHNS- ABSENT JUAREZ -YEA KELLER - YEA MAXWELL - YEA O'CONNOR - YEA Consider a Special Exception Petition No. 07- 009 -SE to allow mechanical and repair services within Heavy Commercial (CHV) Zoning District (ref. Code Book Sec. 90- 283(7)) submitted by Rich Sampson on behalf of property owner Tom Elmore. The subject property is located at 415 East North Park Street. Legal description: Lots 11 and 12, Lot 10 less South 15 feet of Block 151, City of Okeechobee, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County and is approximately 0.509 acre(s). Mr. Bill Brisson presented the LaRue Planning Staff recommendation of approval. The business is located next to McDonald's fast food restaurant, and the applicant has a fetter from said restaurant allowing Fly -N Hi additional parking in their parking lot if required. Chair Ledferd asked whether there was anyone present to represent the petition. Mr. Rich Sampson, 9050 Northeast 120`h Street was present. Mr. Sampson answered questions presented to him from the Board Members. Vice Chair Hoover remarked, the business seemed more industrial than commercial. Mr. Patrick North, 7725 Southeast 60th Drive, employee of Mr. Sampson reassured the Board of the Rhino lining spray booth. Board Member Maxwell inquired about the shared parking, asking if there was an agreement drawn up. Vice Chair Hoover stated "parking doesn't seem like the issue ". Mr. Brisson felt there was enough parking provided using the square footage of the building uses. Board Member Burroughs was concerned with the landscaping. Board members expressed concern with egression onto State Route 70. Mr. Sampson said he would post a no exit sign. Board Member Burroughs moved to approve Special Exception Petition No. 07- 008 -SE to allow mechanical and repair services within Heavy Commercial (CHV) Zoning District with three stipulation; landscaping, parking and entrance on State Route 70 East only, meets satisfaction of the City Officials; seconded by Alternate Juarez. VOTE LEDFERD - YEA BURROUGHS - YEA MCCOY - ABSENT MOTION CARRIED. HOOVER -YEA JOHNS- ABSENT JUAREZ -YEA KELLER -YEA MAXWELL - YEA O'CONNOR - YEA DECEMBER 20,2007 PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS - PAGE 4OFY V. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Land Planning Agency with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services media are for the sole purpose of backup for official records of the Department. William Ledferd, C a rperson ATTEST: 4; Betty J. CI e , Secretary There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 7:03 p.m. CITY OF OKEECHOBEE - DECEMBER 20, 2007 - PLANNING BOARD /BOARD OF ADJUSTMENTS AND APPEALS HANDWRITTEN MINUTES I. CALL TO ORDER - Chairperson: December 20, 2007, Planning Board /Board of Adjustment and Appeals Regular Meeting 6:00 p.m. II. CHAIRPERSON, BOARD MEMBER STAFF ATTENDANCE - Secretary Present , Absent Chairperson William Ledferd Vice - Chairperson Dawn Hoover Board Member Terry Burroughs Board Member Kenneth Keller Board Member Devin Maxwell Board Member Douglas McCoy Board Member Carol Johns Alternate Epifanio Jurarez Alternate Mike O'Connor Attorney John R. Cook Secretary Betty Clement -11,1 o-J- "40 Vo+), III. MINUTES - Secretary A. Motion to dispense with the reading and approve the Summary of Planning Board /Board of Adjustment and Appeals Action for the November 15, 2007, regular meeting. Board Member i L&JU .: jaded to dispense with the reading and approve t Summary of Agency Action for the November 15, :07 regular meeting; seconded by Board Member �. o figzkvyt dichotomy - Definition from the Merriam- Webster Online Dictionary Page 1 of 1 dichotomy One entry found. dichotomy Main Entry: dichotomy 4» Pronunciation: \d- Ica-to-me also do-\ Function: noun Inflected Form(s): plural dichotomies Etymology: Greek dichotomia, from dichotomos Date: 1610 1 : a division into two especially mutually exclusive or contradictory groups or entities <the dichotomy between theory and practice >; also : the process or practice of making such a division <dichotomy of the population into two opposed classes> 2 : the phase of the moon or an inferior planet in which half its disk appears illuminated 3 a : BIFURCATION; especially : repeated bifurcation (as of a plant's stem) b : a system of branching in which the main axis forks repeatedly into two branches c : branching of an ancestral line into two equal diverging branches 4 : something with seemingly contradictory qualities <it's a dichotomy, this opulent Ritz -style luxury in a place that fronts on a boat harbor — Jean T. Barrett> http: / /www.merriam- webster.com /dictionary /dichotomy 1/2/2008 VOTE YEA NAY ABSTAIN ABSENT Non Voting Mbr LEDFERD >C HOOVER X BURROUGHS X KELLER MAXWELL Y MCCOY X JOHNS X JURAREZ X O'CONNOR RESULTS CARRIED DENIED IV. = Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. V. CHAIRPERSON LEDFERD OPENED THE PUBLIC HEARING AT (0.01 P.M. QUASI- JUDICIAL 1. Application No. Request Location Applicant Staff Representation LaRue Staff Recommendation DISCUSSION 07- 008 -SE Allow guesthouse within RSF -1 zoning district. Ref. Sec. 90 -103 (3) 1001 SW 3rd St., Southwest Addition, Lots 1 & 2, Block 8, approx. 0.335 acres Lidio Benitez - Chavez Senior Planning Consultant Denial Motion: 0( 3 '7 - Board Member k.O. A4A0-)-0 moved to approve /deny Special Exception Petition .. 07 - 8- SEtto allow a guesthouse within RSF -1 zoning district. Ref. Sec. 90 -103 (3); seconded by Board Member VOTE YEA NAY ABSTAIN ABSENT NOT SERVING AS VOTING MBR LEDFERD )C HOOVER X BURROUGHS Y KELLER MAXWELL MCCOY X JOHNS fL JURAREZ O'CONNOR RESULTS CARRIED / DENIED 2. Application No. Request Location Applicant Staff Representation 07- 009 -SE Allow mechanical and repair services within CHV zoning district Ref. Sec. 90 -283 (7) 415 EN Park Street, Lots 11 & 12, Lot 10 less S 15 foot, Block 151 City of Okeechobee, approximately 0.509 acres Richard Sampson on behalf of property owner Thomas Elmore Senior Planning Consultant LaRue Staff Recommendation Approval DISCUSSION /g, de-46 Vi' 4 Af) - ",moss 70 7c� MOTION: Board Member 1('a-- moved to pprove eny Special Exception Petition No,07- 008 -SE to allow mechanical and repair servi es within CHV zoning district Ref. Sec. 90 -283 (7); seconded by Board Member VOTE YEA ' a' ABSENT U NOT SERVING AS VOTING MBR LEDFERD X HOOVER X BURROUGHS KELLER MAXWELL �( MCCOY X JOHNS JURAREZ O'CONNOR RESULTS f DENIED CLOSE PUBLIC HEARING - Chairperson. VII. CHAIRPERSON LEDFERD ADJOURNED THE MEETING AT CITY OF OKEECHOBEE PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS MEETING DECEMBER 20, 2007 OFFICIAL AGENDA I. CALL TO ORDER: Planning Board/Board of Adjustment and Appeals, December 20, 2007, 6:00 p.m. - Chairperson. II. CHAIRPERSON, BOARD MEMBERS AND STAFF ATTENDANCE - Secretary. Chairperson William Ledferd Vice - Chairperson Dawn Hoover Board Member Terry Burroughs Board Member Kenneth Keller Board Member Devin Maxwell Board Member Douglas McCoy Board Member Carol Johns Alternate Epifanio Juarez Alternate Mike O'Connor Attorney John R. Cook Senior Planner Bill Brisson Secretary Betty Clement Page 1 of 2 III. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Planning Board /Board of Adjustment and Appeals Action for the November 15, 2007 regular meeting. IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. V. OPEN PUBLIC HEARING - Chairperson. QUASAI- JUDICIAL 1. Application No. Request Location Applicant Staff Representation LaRue Staff Recommendation 2. Application No. Request Location Applicant Staff Representation LaRue Staff Recommendation CLOSE PUBLIC HEARING - Chairperson. VII. ADJOURNMENT - Chairperson. DECEMBER 20, 2007 - PB /BOA AGENDA - PAGE 1 OF 1 07 -008 -SE Allow guesthouse within RSF -1 zoning district. Ref. Sec. 90 -103 (3) 1001 SW 3rd St., Southwest Addition, Lots 1 & 2, Block 8, approx. 0.335 acres Lidio Benitez- Chavez Senior Planning Consultant Denial 07- 009 -SE Allow mechanical and repair services within CHV zoning district Ref. Sec. 90 -283 (7) 415 EN Park Street, Lots 11 & 12, Lot 10 less S 15 foot, Block 151 City of Okeechobee, approximately 0.509 acres Richard Sampson on behalf of property owner Thomas Elmore Senior Planning Consultant Approval PLEASE TAKE NOTICE AND BE ADVISED that all interested parties and citizens shall have the opportunity to be heard at these public hearings. Any person deciding to appeal any decision made by the Planning Board /Board of Adjustment and Appeals with respect to any matter considered at this meeting or hearing will need to ensure a verbatim - ecord of the proceeding is made and that the record includes the testimony and evidence upon which the appeal will be eased. General Services media are for the sole purpose of backup for official records of the Department. The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763 -3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a k i�� j i ~�. N V L e t in the matter of N ir3i(Aekocilc)n in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 1;-) \c �L\ \L' Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, cotnmission or refund for the purpose of securing this advertisement for publication in the said newspaper. t— ;` Swam Fo as subscrikdbefore me this day of 3C e.k .ti ti. ia.c 1 A.D. 20 C:1 NOTICE OF CONSIDERATION OF PROPOSED SPECIAL EXCEPTION NOTICE: A PUBLIC HEARING will be held before the City of Okeechobee Planning Board/Board of Adjustment and Appeals on Thursday, December 20, 2007 at 6:00 p.m. or as soon thereafter as possible. The meeting will be held at City Hall, 55 Southeast 3rd Avenue, in the Council Chambers, Room 200, Okeechobee, Florida To consider a Special Exception Petition No. 07- 008 -SE. This petition is being sub- mitted by Sid Estrada, on behalf of property owner Lidio Benitez- Chavez. The pe- tition is to allow a guesthouse, servant's quarters, or pool house, provided that the Mt area shall not be less than 12,500 square feet (Ref. Code Book Sgction 90-103(3)) for property located at 1001 Southwest 3rd Street. Legal description: Lots 1 and 2 of Block 8, Southwest Addition to Okeechobee. A copy of the entire application(s) and agenda are available in the General Services Office, Rm 101 at City Hall or by calling Betty Clement at (863( 763-3372.x 218. Please be advised that the Board of Adjustment and Appeals will serve as the de- cision making body (quasi - judicial), on behalf of the City, to approve or deny Spe- cial Exception Petitions. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Board of Adjustments and Appeals with respect to any mat- ter considered at this meeting, or hearing will need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services media is for the sole purpose of backup for official records of the department. In accordance with the Americans with Disabilities Act (ADA) and Florida Statute 286.26, persons with disabilities needing special accommodation to participate in this proceeding should contact Betty Clement, no later than two (2) working days . prior to the proceeding at 863- 763 -3372 x 218; if you are hearing or voice im- paired, call TDD 1-800-222-3448 (voice) or 1-888-447-5620 (TTY). BY: Brian Whitehall, Zoning Administrator Petition No. 07- 008 -SE 251918 ON 12/5,10/07 o�PaY N °a, Janetta Thiboult Commission # DD505311 oP Expires January 10, 2010 9TFoF p. BonOeo Troy Fan Insurance Inc 990.385 -7019 City of Okeechobee General Services Department 55 S.E. 3' Avenue, Room 101 Okeechobee, Florida 34974 -2903 Phone: (863) 763 -3372, ext. 218 Fax: (863) 763 -1686 pate: [d Iquo7 i Petit No. -6 g- SL--: Fee Paid: c9......50,0-0 u f r7 j 1st Hearing: . 'diction: ° 'ZnZ fearing: f 3$/071 Publication Dates: �A 16/Q9 d ti/i South: ite5 i'4,1,,,, it,,„/ East: R-e5. t D ,0 77 ,-._I West: 41_01 i J,t, "T/ dl / Notices Mailed: Actions Requested: ( ) Rezone ( (.) Special Exception ( ) Variance Uniform Land Use Application Rezone • Special Exception • Variance V Name of property owner(s): i p%1) Age, c//7 -e z — C/7,.91/e2.. P R 0 P E R T 1, Describe improvements on property, including number /type of dwellings and whet er occupied (if none, so state): 60A/t!e.- zt .f 6-0_4a y._e. Ti aesr 4a (4' AA P L 1 C A N T Owner mailing address: i e7 i 5 , k) , 3 d ��.. `. t eel , e,er f 3$/071 Name of applicant(s) if other than owner (state relationship): Describe adjoining land uses / improvements to the North: South: ite5 i'4,1,,,, it,,„/ East: R-e5. t D ,0 77 ,-._I West: 41_01 i J,t, "T/ dl / Applicant mailing address: Actions Requested: ( ) Rezone ( (.) Special Exception ( ) Variance / Parcel Identification Number: 3- , 1 '37_ 3.r- D 1 7 41 r--D0) ..- 00/ O f11C Name of contact person (state relationship): 5'`,v et57, y¢47. 4 „ Contact person daytime phone(s): s:-...3- ,' /0 - az/ S Fax: V Property address / directions to property: /p 0, kJ 34-1 5/ e6e,..e_fe.351g2 Indicate current use of property: cj" /, /'f ' �/�,��` , P R 0 P E R T 1, Describe improvements on property, including number /type of dwellings and whet er occupied (if none, so state): 60A/t!e.- zt .f 6-0_4a y._e. Ti aesr 4a (4' Approximate number of acres: 0,339 Is property in a platted subdivision? les Is there a current or recent use of the properly that is/was a violation of county ordtnance`> If so. describe- Ves C'/7E0 TO%? 0,0N tie'.- 7 /.v6- 0a:^C47 --c , Have there been any land use applications concerning all or part of this property in the last year? If so, indicate date, nature and applicant's name: vtlp is a sale subject to this application being granted? „Ali Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: IBS Describe adjoining land uses / improvements to the North: South: ite5 i'4,1,,,, it,,„/ East: R-e5. t D ,0 77 ,-._I West: 41_01 i J,t, "T/ dl / Existing zoning: i.S r - , Future Land Use classification: S Actions Requested: ( ) Rezone ( (.) Special Exception ( ) Variance / Parcel Identification Number: 3- , 1 '37_ 3.r- D 1 7 41 r--D0) ..- 00/ O f11C Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the summary denial of this application. /OW 6 F A_ i g 4/ Di $esvr r& Z ehn-rez ' -2q 07 'S gnature Printed Name Date Uniform Land Use Application (rev /03) Page 1 of 2 Uniform Land Use Application trey 1/031 Page 2 of 2 Current zoning classification: Requested zoning classification : R E Z 0 N E What is your desired permitted use under the proposed classification: J�' C OD � E Pc/ � C Q "''` `� `" If granted, will the new zone be contiguous with a like zone? Are there other similar uses in the area? IR so, describe: (,41{U,tc,€ „- Is a Special Exception necessary for your intended use? Variance? Uniform Land Use Application trey 1/031 Page 2 of 2 Describe the Special Exception sought: • e_ /V 6 jib ,v f �1 � CON tI e/J £ / 9 c/ Geut©R .., 10 ct- ::�� ✓ / ab-e c/ R- V D c: `-t- es '7- h e ec ce i S P E C I A L E X C E P T O N J�' C OD � E Pc/ � C Q "''` `� `" Provide s ecific LDR ordinance citation: 4 ry c h Z 1 � &,) 470 �[1 Are there other similar uses in the area? IR so, describe: (,41{U,tc,€ „- Why would granting your request be in the best interest of the area and residents? // feot. i A-M u y/ 49 0 k ` eZit 4,e h /644,- rl/ ,4-c 0,-,-* a- 1' !1 -1,('- -11- a1rtf b Oc.54N% fb > II-business hi iefl . (ft-,crihe nature including number of employees, hours- noise generation and activities to he conducted ous,,ida_ 01 a huitding_ 4///4 Uniform Land Use Application trey 1/031 Page 2 of 2 Describe Variance sought: V A R I A N C E Describe physical characteristic of property that makes variance necessary: Did you cause or contribute to the characteristic? Is so, describe: What is the minimum variance necessary? Uniform Land Use Application trey 1/031 Page 2 of 2 CATHERINE GARCIA, iik(a Catherine Allbaugh, a single woman, (Who sex.set eea■ tee u'Inoue sturgsautce include as the p a rt i e s tutor i t sad the hells. kW regaeattlisn sad smsigss individuals. sod the mammas sod assigns of c pamlions) Witnesseth, that the grantor, for and in consideration of the sun of Ten Dollars, ($10.00) and considerations, receipt 'whereof is hereby acknowledged. hereby grants, bargains, sells, aliens, remises, releases, conveys T. unto the grantee, all that certain land situate in Okeechobee County. Florida, via: LOTS 1 AND 2, BLOCK 8, SOUTHWEST ADDfTION TO OKEECHOBEE, ACCORDING TO THE PLAT THEREOF`': RECORDED IN PLAT BOOK 2, PAGE 7, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Subject to covenants, restrictions, easements of record and taxes for the current year. Together with At the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining_ To have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee _ ;;. grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to takk . defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances except subsequent to December 31, 2082. In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written-4 CATHERINE t ARM, likfa Catherine Albaagh Addns 895 �n Street, Sugar Notch, PA 18706 City of Okeechobee Code enforcement April 19, 2007 Lidio Benitez- Chavez 1001 SW 3rd Street Okeechobee, FL 34974 Re: Lots: 1 &2 Blk: 8 Dear Property Owner: The property listed above located at 1001 SW 3r' Street is zoned for single family dwellings. Therefore no more than one family can live at this location. Use of this residence to house more than one family is not allowed within the city limits of Okeechobee. Please contact the Code Enforcement office at 863 -357 -1971 to discuss this matter within ten (10) days. If we have not heard from you within this time it will be necessary to issue a code violation against the property. Sincerely, red Sterling Code Enforcement Officer 55 S.E. Third Avenue • Okeechobee, Florida 34974 -2932 • (863) 357 -1971 • Fax: (863) 763 -4489 Ptpperty Gard a D_SearchResults Okeechobee County Property Appraiser Last Updated: 8/27/2007 Parcel ID: 3- 21- 37 -35- 0170 - 00080 -0010 HX Owner & Property Info Retrieve Tax Record rage 1 01 z 2007 Proposed Values lnteractlye GIS: L Print,l Sul °? Tamable Valgea►�Iai4r. r.. Owner's Name it BENITEZ - CHAVEZ LIDIO Site Address 1001 SW 3RD ST, Okeechobee Mailing Address 1001 SW 3RD STREET OKEECHOBEE, FL 349740000 Brief Legal SOUTHWEST ADDITION LOTS 1 & 2 BLOCK 8 Totes! Land Area 0.335 ACRES Neighborhood 113653.00 Tax District 50 UD Codes 402/822 Market Area 40 DOR Use Code SINGLE FAM (000100) The DOR Use Code shown here is a Dept. of Revenue code. Please contact the Okeechobee County Planing & Development office at 863 - 763 -5548 for specific zoning information. Property & Assessment Values Mkt Land Value cnt: (1) $39,292.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (1) $76,773.00 XFOB Value cnt: (2) $7,003.00 Total Appraised Value $123,068.00 Hisrorv Search Result: 1 of 1 GIS Aerial 8. 4 3:. ` 85 129 172' . 215 :. 258 381. t' 2007 Proposed Values Just Value Book/Page $123,068.00 Class Value Sale Qual $0.00 Assessed Value 2/28/2002 $74,643.00 Exempt Value (code: HX) $25,000.00 Total Taxable Value $78,000.00 $49, 643.00 Sale Date Book/Page Inst. Type Sale VImp Sale Qual Sale RCode Sale Price 2/28/2002 471/870 WD I Q 2051 $78,000.00 2/18/1998 402/822 WD I Q 28 x 16 x 0 $73,000.00 5/15/1997 391/850 WD I U 03 $0.00 Building Characteristics Bldg Sketch Bldg Item Bldg Desc Year Bit Heated S.F. Actual S.F. Bldg Value Show Sketch 1 SINGLE FAM (000100) 1961 1767 2051 $76,773.00 r xtra Features & Out Bui ngs Code Desc Year Blt Value Units Dims Condition (% Good) WAL4 C 5'CBS 2SID 2005 $186.00 9.000 0 x 0 x 0 PD (100.00) CCY W4 CBS CC SHG 1968 $6,817.00 448.000 28 x 16 x 0 PD (75.00) Breakdown Lnd Code I Desc Units Adjustments Eff Rate l Lnd Value 161CI7 +j CITY LT (MKT) 103.400 FF - (.335AC) 1.00/1.00/1.00/1.00 $380.D0 $39,292.00 Okeechobee County Property Appraiser Search Result: 1 of 1 Last Updated: 8/27/2007 I HOME I Record Search I GIS Map I General Info I Exemptions I Tangible Tax FAQ I Contact Us hup://www_okeechobeepa.com/GIS/D_SearchResults.asp 9/7/2007 . IULJIVlJIitcr A.D ulG i • �-� DESCR/P T/0N- - LOT 1 AND 2,-. BLOCK 8, SOUTHWWEST.ADD /170N TO OKEECHOBEE, ACCORDINQ TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2 PAGE J PUBLIC. RECORDS OF OKEECHOBEE COUNTY, FLORIDA. - PROJECT SPEC /FLC NOTES: 1) UNLESS SHOWN OTHERWISE, ALL DIMENSIONS -ARE PLAT(P) AND MEASURED(M). - - : - 2) SITE ADDRESS: 1001 S.14! 3RD AVENUE. 3) PARCEL la-:3-211-:37-35-0170=00080:—.0010. 4) F./.R.M. ZONE ZONE UNDETERMINED PARCEL LIES WLTH /N THE OKEECHOBEE CITY' LIMITS 5) THIS SURVEY IS NOT INTENDED TO DEPICT JURISDICTIONAL AREAS OR OTHER AREAS OF LOCAL CONCERN o) THI SURVEY DEPICTED HERE 15 NOT COVEHED B >' PROFE /0N<tt LIABILITY INSURANCE. ADDITIONS OR DELE PONS TO SLRIEY 44 APS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROH1/3 /1t_1) WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 7) DATE OF LAST FIELD SURVEY 10/15/07 ' PREPARED FOR THE EXCL US/ VE USE OF- L/DIO BEN/TEZ —CHA VEZ ✓1L i v _ F 5 W...PPD S1REEi '. n1.v.tF.p•D1+o'.,* motor 0000.0., AW -� Y. is J icu¢ a ISET Mr.F SCME: 1 IAt - do FEET • MAO WWI -- +O, LOT J roc Caevar 0, ADO! I 40004 VI' xrw 9a. (.O IR) 5695646 "f 10-124(0 ,5.x4(?) Y • I 1,•s .' .1'0 14.9. IMI• try e.cr • 4a• 0 LOT 2 • PARS LOT CONFAB'S ta.336 ACRES —'7 .9, w1 160 1 }-rI csz 1 t, 1 a K = eoco asv.R ah.c' 1 S 8.9"58'..71" W .102_94M - - r.laP. -M1t Y,- • C BOUNDARY SURVEY 10/19/07 227/01 -04 WC KAB DESCRIPTION DWG- DATE Fa/PG BY CR SCALE J' • c 30 J DRAWING NUMBER, 21397 \,_SNEET 1 or I LEGEND 0 -Set Iron Rod and Cop TWPS 5719 ■- F.un •1 5•64 • -Found iron Rod (and Lop) ; -Farad Pipa fond C,P• A 811E Anc +JS e @-eosenoc eM.ee.OVnod: *`- •.aneu,r. C- Vndoiet urr.exte T.; o. C000 to Monument CalC 000eto 0-9:.t, -50415 o ■-mug. ,:q0 E::, ElY- Emiuly (•0•Edge or Po.eoe t: ESIT. Ens +.0.005 FtRx -Moe lk.s.monce Rae ,ten: 1}10 ■;o nt m -v00 Pkc RJnet •ieo Rod (ew o c..70 L -<..r) t0000. u- MCOfu.ct MN- M,..na¢ I4Ntally FtLt- nm1heI0 140'40)- nolio•a Ceodet.c ve.dca Wonen) 01 19049: Nt5 ••at to xyc C4tw.g.s neoe 9drec ;- P.usett) Lis, 1?-Ia5 PC -oain a Curunlurc PC •.0000 0f Ciro v .0 5,n.ntwd PrP- Pem.me.1 Cselyd P.ht FOB-Pohst et 9e9i.K.0'i PCC -Fe41 01 Com.n...cement 09060*. et Pe.aee Co,—,turd PRN =Fend.a.en td•e.ce Mo.wna.0 rJ •Ps..t of Tongenee •043)-000040 11T1ir end 0reb•a9K. P..RO:4.t R'- Y- Rionl- of_050: 5 -Sa+u; Siv■Swmvt, T- lo•.ye.5 TFi- TN.d•o-.. SPSCa a ••Ich to.0 w -nest \ Ali•- we..edr UTq 40ai..(ce,t •' 5IKd 10..ott0. Rood a. 1.d.roie., 6,n... STANDARD NOTES: 1 No scorch of the pubec records for delerminollon of ownership or restrictions oflect0,0 the tongs shove "os performed by the surveyor. 2 The survey depicted here Is prepared exclusively tot those pa: tles noted S, no raspons.011y of nobility Is assumed by the surveyor for use by others not spec0icaty named. 4 Not wild with the Slgnoture and embossed seal of Florida licensed surveyor and mapper 84820. 5 There are no visible oba0e ground eocraochmetls except 00 shown. 6 140 otlnnpt was mode to locate underground ixnprove.ne..ls and; or err.oadwnents (if ony) as port of this sw.ey. din accordance with mh;,mum technical standards established by the Florida 7 This survey ..os p. cpo a acc 9oord at S.n.eyors nd MoppO (Chaplet 61017 -6 F AC) pursuer.' to Section 472.027- F)otidd Stolules TRADEWINDS PROFESSIONAL SERVICES, INC. SURVEYORS AND 1vMAPPERS 206 S W 3rd n-reane Okeechobee. FL '34974 Tel (863) 763 -2837 Kenneth A. Breams. J • e- 1 (PS•ti 4820) Certlne>le of ...thonmtino no. 10 5109 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 -2845 Phone: 239 - 334 -3366 Fax: 239 - 334 -6384 LaRue Planning & Mana • ement Services, Inc. Staff Report - Special Exception Request Prepared for.• The City of Okeechobee Applicant: Lidio Benitez - Chavez Petition No.: 07008 -SE Staff Report Special Exception Request Applicant's Name: Petition No. 07- 008-SE General Information: Owner: Contact Person Owner Address: Lidio Benitez - Chavez Sid Estrada 1001 SW 3rd Street Okeechobee, FL 34974 Contact Phone Number: 863 - 610 -0515 Legal Description of Subject Property: LOTS 1 AND 2, BLOCK 8, SOUTHWEST ADDITION TO OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 7, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Item before the Board of Adjustment: The matter for consideration by the City of Okeechobee Board of Adjustment is an application requesting a retroactive Special Exception for a guest house in the RSF1 Zoning District for the property located at 1001 SW 31-d Street. Description of the Situation: The subject property encompasses 0.335 acre or about 14, 593 square feet, and is located at the northeast corner of SW 31-d Street and SW 10th Avenue. All of the immediately surrounding properties are zoned RSF1, in single - family use, and are of equivalent size to that of the subject property except for the property to the immediate south, which is a double lot of about 0.658 acres. The property has public utility service. The applicant has already begun converting the accessory structure, a 450 square foot, single- story, free standing garage, to a guesthouse. The structure has separate access from SW 10th avenue. According to the survey submitted with the application, it appears that the structure has a side setback of 8' 2" from the western property line and rear setback 2' 9" from the south property line. Staff Report Special Exception Request Applicant's Name: Petition No. 07- 008-SE Consistency with the Land Development Regulations: Intent of the provision relating to a "Guesthouse" The RSF1 Zoning District lists a guesthouse, as well as servant's quarters, as allowable special exception uses provided the lot area is not less than 12,500 square feet. The subject property meets this requirement. A guesthouse is defined under Sec. 66 -1 (page 66:5 of the LDC) as follows: "Guesthouse means an accessory dwelling unit to a principal residence on a lot, intended for nonpaying accommodation of guests visiting the occupants of the principal dwelling. A guesthouse includes a garage apartment and an accessory apartment." It is clear that a guesthouse is not intended to be used as a rental dwelling unit. Similarly, one would logically reach the same conclusion for an accessory dwelling unit for servant's quarters. However, the definition of guesthouse limits occupancy of the unit to only those visiting the occupants of the principal dwelling, thereby implying that the guesthouse in not intended to be used as a permanent residence. On the other hand, "servant's quarters" is not defined in the LDRs, but normal usage of the term would imply that a servant's quarters is envisioned to be occupied on a long -term residential basis. The question then becomes: May the City approve a guesthouse without a condition that it be occupied only on a temporary basis while visiting the occupants of the principal use? If not, then residential use of the guesthouse by relatives such as children of the occupants of the principal use, mothers /fathers -in -law, and similar relations would be prohibited. Given the fact that such relations could be claimed as servants and therefore be permitted to live in the unit on a long -term basis, what is the intent of this section and should it be clarified to specifically allow nonpaying relations to live in the unit on a residential basis rather than just a temporary basis? Supplementary Regulations Pertaining to a "Guesthouse" A guesthouse is an accessory use and must comply with the provisions of Sec. 90 -449, which reads as follows: "Residential accessory uses shall comply with the following minimum yard requirements: (1) Front, side and rear yards: as required for principal structure. (2) Uses housing persons, such as a guesthouse, shall not encroach into any required yard." Page -2- Staff Report Special Exception Request Applicant's Name: Petition No. 07- 008-SE The required setbacks for a principal residence, and hence a guesthouse, are 10 feet for each of the side and rear yards. Therefore, if the special exception were to be granted, either a variance must be sought and approved or the building would need to be moved into a location providing the required setbacks, prior to occupancy. Consistency with Findings Required for Granting a Special Exception: When reaching a conclusion on a Special Exception request, the Board of Adjustment shall consider and show in its record findings as set forth in Sec. 70 -373 (c). Staff offers the Board its findings as follow: A. The use is not contrary to the Comprehensive Plan requirements. Provision of an accessory apartment in the form of a permanent residential use either for relations of the owner of the principal residence or for servant's quarters is not specifically consistent with the limitations on density set forth in the Comprehensive Plan for the Single - family land use category. Staff envisions specifically addressing this issue in the coming year during preparation of the City's Evaluation and Appraisal Report (EAR). However, servant's quarters have been historically been allowed under the RSF1 zoning district. If the Board is disposed toward allowing the guesthouse /servant's quarters, the Board should note that it does not consider a guesthouse /servant's quarters of such a limited size to fall under the normal definition of density, and therefore is consistent with the intent of the Comprehensive Plan. B. The use is specifically authorized as a special exception use in the zoning district. Guesthouse /servant' s quarters are specifically authorized as a special exception in the RFS 1 zoning district. C. The use will not have an adverse effect on the public interest. The occupancy of a garage apartment on a lot that exceeds the minimum requirement for such a use is not expected to have an adverse effect upon the public interest. There will be no significant increase on the need for public services or facilities. Traffic generation will be minimal and would not exceed that expected if an additional person were to reside in the principal residence. D. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. The specific location of the garage apartment violates the setback provisions for a guesthouse /servant's quarters. Either variances must be granted or the building would need to be moved to conform to the required setbacks. While moving the structure would involve additional costs, there is adequate room on the parcel to provide a location that will meet the required setbacks. Page -3- Staff Report Applicant's Name: Special Exception Request Petition No. 07- 008-SE E. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. It is not expected that the use will affect property values. However, the current nonconforming setbacks of the garage are even more inappropriate for an accessory structure used for living purposes. F. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. The current nonconforming setbacks are insufficient to buffer residential use from adjoining properties. G. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. There will be no significant increase on the need for public services or facilities. Traffic generation will be minimal and would not exceed that expected if an additional person were to reside in the principal residence. H. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. There will be no change in impervious surfaces or drainage patterns; no significant increase in vehicular movements onto public roadways or other affects upon the public safety. Recommendation: Staff is reluctant to recommend approval of the request because of the myriad of problems associated with the situation. Specifically, we are concerned over possible inconsistency with the Comprehensive Plan, lack of clarity with regard to whether or not full -time resi- dential use is contemplated; the fact that the work was initiated without a building permit; and, finally, the need to either obtain variances or move the building. Therefore, Staff recommends that the application be denied without prejudice and with a recommendation that the applicant may reapply (even within one year) subsequent to clarification of the intent of the guesthouse /servant's quarters section of the code and a determination of consistency with the Comprehensive Plan. Submitted by: James G. LaRue, AICP Planning Consultant October 24, 2007 1S` hearing: December 20, Board of Adjustment Attachments: Map and aerials of subject property and environs Page -4- December 3, 2007 Cecil & Ann Newman 1004 SW 4th St Okeechobee, FL 34974 Dear Property Owner, CITY OF OKEECHOBEE 55 S.E. THIRD AVENUE OKEECHOBEE, FLORIDA 34974 -2903 (863)763 -3372 FAX: (863)763 -1686 The City Planning Board /Board of Adjustment and Appeals wishes to inform you of a Public Hearing to consider a Special Exception to allow a guesthouse within a Residential Single - Family One (RSF -1) Zoning District ref. Sec. 90 -103 (3) submitted by Lidio Benitez - Chavez. The subject property is located at 1001 Southwest 3rd Street. Legal description: Lots 1, and 2, of Block 8, Southwest Addition to Okeechobee, according to the Plat thereof as recorded in Plat Book 2, Page 7, Public Records of Okeechobee County, Florida. Petition No. 07- 008 -SE. The Public Hearing on this matter for citizen discussion will be held at City Hall, Council Chambers, Room 200, 55 SE 3`d Avenue, Okeechobee, Florida on Thursday, December 20, 2007 at 6:00 p.m., or as soon thereafter as possible. As a property owner within a three hundred -foot radius of the above described property , you are invited to attend this Public Hearing and be heard in person or submit your comments in writing. If you are unable to attend and with to discuss this matte, please contact Betty J. Clement, General Services Coordinator, at (863) 763 -3372, extension 218. Respectfully, 7, Betty J. Clement for Brian Whitehall Zoning Administrator 40 d44,,,2 7Akti.7-,c---- CITY OF OKEECHOBEE 55 SE 3rd AVENUE OKEECHOBEE, FL 34974 Cecil & Ann Newman 1004 SW 4th St Okeechobee, FL 34974 fl A 1 0 lull In' i I un I 1.11 %o) Voub, Ave_ The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763 -3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a k\. \j\\0, KcAA0e. in the matter of 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 Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed • fib me this ``i day of ll�' t 1k. A.D. 20 C_'` Nod r Public, State of Florida at Large NOTICE OF CONSIDERATION OF PROPOSED SPECIAL EXCEPTION +NOTICE: A PUBUC HEARING will be held before the City of Okeechobee Planning Board/Board of Adjustment and Appeals on Thursday, December 20,1007 at 6:00 p.m. or as soon thereafter as possible: The meeting will be held at CbyHall, ' 55 Southeast 3rd Avenue, in the Council Chambers, Room 200, Okeechobee, Florida To consider a Special Exception Petition No.. 07-009-SE. This petition is being sub- mitted by property owner, Tom Elmore, on behalf of Richard Sampson. The peti- tion is to allow mechanical and repair services, in a CHU District (Ref. Code Book Section 90- 283(7)), for property located at 415 East North Park Street Legal description: Lot 10 Less the South 15 feet of the West 8.83 feet thereof, and Lots 11 and 12, and the South one -half of the alley adjoining said lots of Block 151, Cdy of Okeechobee Subdivision. A copy of the entire application(s) and agenda are available in the General Services 'Office, Rm 101 at City Hall or by calling Betty Clement at (863) 763 -3372 x 218. Please be advised that the Board of Adjustment and Appeals will serve as the de- cision making body (quasi- judicial), on beharof Me Cdy, to approve or deny Spe- cial Exception Petitions. • PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Board of Adjustments and Appeals with respect to any mat- ter considered at this meeting, or hearing will need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services media is for the sole purpose of backup for official records of the department. In accordance with the Americans with Disabilities Act (APA) and Florida Statute 286.26, persons with disabilities needing special accommodation to participate in this proceeding should contact Betty Clement, no later than two (2) working days prior to the proceeding at 863 - 763 -3372 x 218; if you are hearing or voice im- paired, call TDD 1- 800. 222 -3448 (voice) or 1 -888 -447 -5620 (TTY). BY: Brian Whitehall, Zoning Administrator Petition No. 07- 009 -SE 251911,0N 12/5,10/07 Janetta Thiboult Commission # DD505311 ,, o Expires January 10. 2010 of P? Borten Troy Fain Insurance Inc 900385.7019 City of Okeechobee General Services Department 55 S.E. 3" Avenue, Room 101 Okeechobee, Florida 34974 -2903 Phone: (863) 763 -3372, ext. 218 Fax: (863) 763 -1686 Date: IN`s 01 Petition No. 07 401--....----- Fee Paid: Applicant mailing address: /f ,4"f A /< / Jurisdiction: e2,0 A- 1st Hearing: 0? .10 7 2nd Hearing: Publication Dates: South: rtu r. 70 East: P 4_'1 West: Ivj L 0 . Notices Mailed: Actions Requested: ( ) Rezone (� Special Exception . ( ) Variance Uniform Land Use Application Rezone • Special Exception • Variance ✓ Name of property owner(s): Z ey 3e e e(� 4, I Ire„, 7fe A P P L I c A N T Owner mailing address: V/f /17E Rql /' Name of applicant(s) if other than owner (state relationship): 7Q 4 1 /,t,or e DeciAe i Applicant mailing address: /f ,4"f A /< / Name of contact person (state relationship): /2e•, 1-e- /Pii / - 4-' ,/ ` J,4"-GP ,,'' Contact person daytime phone(s): 77 2- - 3 70 — 46/er Fax: 772 - 3YG "- f7% 3 ✓ Property address / directions to property: w, Tp a t, e if �, tr '5 4 4 1' Indicate current use of property: ,('j fst,,, �, L A Q., %) ille c 4 •'t S 4 ,, Rprof,: O P E R T Y Describe improvements on property, including number /type of dwellings and whether occupied (if none, so state): C(Pa ''d Of P!1 {itti S.J % Voe- J Approximate number of acres: 0. 509 Is property in a platted subdivision? qe5 is there a current or recent use of the property that is/was a violation of county ordinance? if so. describe: r/t / n7 20,1;-, „ 7 — Have there been any land use applications concerning all or part of this property in the last year? If so, indicate date, nature and applicant's name: 1 c%,: - /4 ew is a sale subject to this application being granted? f7, gh 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: pr/Gi "n7 d-: e- lee , , South: rtu r. 70 East: P 4_'1 West: Ivj L 0 . Existing zoning: CIA V Future Land Use classification: Co Actions Requested: ( ) Rezone (� Special Exception . ( ) Variance Parcel identification Number: .3 -) 5' 3 7 3. —00/0-0/570— 0//0 Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $510.00 and imprisonment of up to 30 days and may result in the summary denial of this application. ignature 0 Printed Name 711-1f 0 7 Date Uniform Land Use Application (ley /03) Page 1 of 2 Uniform Land Use Application (rev 1/03) Page 2 of 2 Current zoning classification: Ile 4,1 c.,,,,* -j ;,i /Requested zoning classification : What is your desired permitted use under the proposed classification: •7; R E Z O N E If granted, will the new zone be contiguous with a like zone? Did you cause or contribute to the characteristic? Is so, describe: ell Is a Special Exception necessary for your intended use? Eft') Variance? Uniform Land Use Application (rev 1/03) Page 2 of 2 Describe the Special Exception sought: %et 6,4 1 ( q., (Cr J #- °"" Tv c X toe' S E C I A L E X C E i N Provide specific LDR ordinance citation: 9' — 23 .7 Did you cause or contribute to the characteristic? Is so, describe: ell Are there other similar uses in the area? If so, describe: U���y�h p., 7; f Why would granting your request be in the best interest of the area and residents? / l. If-business, briefly describe nature including number of employees. hours. noise generation and activities to be conducted outside of a building e•,T.1 • "' '' v /l /d"a i 6e 4wae%/ 4...-, 14, /iJJ f it' cti; ,.t �rhvi /P) 1 -5 3 rA1/o hi' el) _I very /'f/' Ift, ;1r (ail /C (WI •ff ate ,:,1:a(' Uniform Land Use Application (rev 1/03) Page 2 of 2 Describe Variance sought: V A R I A N C E Describe physical characteristic of property that makes variance necessary: Did you cause or contribute to the characteristic? Is so, describe: ell What is the minimum variance necessary? Uniform Land Use Application (rev 1/03) Page 2 of 2 1. a 0 TOM W. CONELY, Ill CONELY & CONELY, P.A. .0. DRAWER 1367 OKEECHOBEE, FL 34973 -1367 jpared by pia: Tiffany . Gonsalves Legal t Ri re11, Attorney at Law, P.A. S_ t. Lucie Boulevard e, FL 34952 -5431 1595 Port S 772-335 - Fi'le Numb' O Will Call No.rf .„ 1%* 1/8.6- OC Tcrr 91 [Space Above This Line For Recording Data) Warranty Deed 111111111111111 1111111111111 FILE NUM 2007006046 OR BK 00629 PG 0444 SHARON ROBERTSON: CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY. FL RECORDED 04/30/2007 10:09:40 AM RECORDING FEES 18.50 DEED DOC 4 :292.40 RECORDED BY R Parrish Pss 0444 - 445i (toss) This Warranty D this 41 day of March, 2007 between Rickey L. Farrell, as Trustee of the Park Tire Land Revocable Trust d 9 /6/05 whose post office address is 1595 SE Port St. Lucie Boulevard, Port Saint Lucie, FL 34952 , grantor, and Thous E. Elmore whose post office address is 1855 NW Frontier Dr. , Lake Gity,,,FL grantee: L .>�, 32055 '- - -5 (Whenever used herein the terms "gran individuals, and the successors and assi "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of tiom, trusts and trustees) Witnesseth, that said grantor, foritintonsideration of the sum of TEN AND NO /100 DOLLARS ($10.00) and other good and valuable considerations to saiii,ptor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the $id*antee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Okeechobee Coi it* lorida to -wit: Lot 10, Less the South 15 feet of the-,West 8.83 feet thereof, and Lots 11 and 12, and the S1 /2 of the alley adjoining said lots, Block 1$f-;QNEECHOBEE, according to the map or plat thereof, as recorded in Plat Book 2, Page 17, ant l.2*j4 tted in Plat Book 5, Page 5, Public Records of St. Lucie (now Okeechobee) County, Florida. Parcel Identification Number: R 3- 15- 37-35-00 -01510-0110 Subject to restrictions, reservations, covenants, conditions, limitations and easements of record, if any. Grantor warrants that at the time of this conveyance, the subject property is not the Grantor's homestead within the meaning set forth in the constitution of the state of Florida, nor is it contiguous to or a part of homestead property. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2004. DoubleTlme. Book629 /Page444 CFN #2007006046 Page 1 of 2 FLY N HI ENTERPRISES 415 NE PARK ST 34974 Richard A Sampson President Hello, I am taking the time to write this letter to state my interest in the above said property . I have rented the space for the next year at a very high rate and paid in full with insurance for the said amount of time . I am a local resident and intend to be a permanent Resident of the community so I am in the process of building a much needed custom truck shop in the area which will keep a lot of local money in the community. I say this because there are a lot of trucks here and most of the business is going to the coast to have the work done .I am also working with other local businesses to keep the prices at a good level and service at a better level . I am no stranger to business and have owned a large 50 plus employee company in PSL for 20 years . I have just sold my company on the coast to work this business full time so it is very important to make this a success. Yours Truly , Richard A Sampson... FLY N -HI ENTERPRISES 415 NE PARK ST 34974 Richard A Sampson President Hello, I am taking the time to write this letter to state my special reasons and basis for this request . The building is located on HWY 70 which has a large amount of traffic . The Building is large and ideally suited for our needs we can separate the Rhino spraying and prep work from the other shop area . The building has been vacant for a number of years and our business will draw people to this part of town . A large number of our customer base is from the Reservation and they were going to the coast to get the custom work done and now we are keeping them local . Mc Donald's is willing to allow us the use of the back parking area as long as we keep it clean and do not interfere with their Business. Other than the Items above I am a member of the community and hope to build a larger facility in the future to accommodate the need for the services we provide on a Professional level for years to come . Thank You , Richard A Sampson... ft--01 AT- lo e ,n) ?vex_ E1VT3 -rk. ' F1:-•( — --- 1+1 F-E-12-4,A s cri-3 sTZ) •Tae-1) i 4E- fasc-e--iic-- '11-ket e- C�rVAT 161A- 14A4— 7 CALT761--\S yo-\.) As7-- - rvi.Pc-/QA-6--C-(2-( Mcbc4A, P fs d.- G 0 15' ALLEY 21.75 22.27 22.36 122.42 20.56 DITCH INVERT 100' NORTH PAVEMENT 22:58 7.6'• t 147.03 SO FT N 21.72 FRENCH DRAIN 80.2' SHOP 4353.06 50 FT FF. EL 22.85 ' 8160.07 SQ FT ' WA . VA 2.05 H .'. 57.6' 1426.50 S0 FT 50.4' 122.20 6' terrazzo . F7R£. H)DRANT 70' R/W 6' CONC WALK STORM MANHOLE CONC. CURS iOud !' n 1,2) -} ---r -a004 22.67 CURB' cur 22.67 TOTAL AREA: 22302.7 SQFT / 0:512 AC IMPERVIOUS: 19972:05 SQFT / 0.46 AC PERVIOUS: 2330.6.5 SQFT / 0,052 AC LEGEND L . . GRASS .. PAVEMENT r;;;;;;;;;;;;;,1 BUILDING jCONCRETE .4■ TRAFFIC FLOW 4--4— DRAINAGE FLOW 1929 • 1100.00 EXISTING ELEVATION ALL EL. NGVD — WHEEL STOPS SCALE 1"=30' ® TREE & SHRUB 'REVITIONS DESCRIPTION CADD FILE: FIRESTONE TIRE DWG DATE NORTH 1SMUSSEN ENGINEERING LLC' P.O. I. 150 aaEE � F44mu�� lwe DRAWN BY: CHECKED BY: NYSTROM L C A CERTIFICATE OF AUD/ORQATION NO. 26134 NOT MO UNLESS SIGNED & DIBOSSED OWNER NAME PROJECT NUMBER PARK TIRE 415 NE PARK 51 6IRF.CNOS[ , R 34552 COMACT: RICKEY L FORM. TEL: 772- 201 -7510 052406-01_ 6/14/06 1 SITE J 20F2• �y.r�-N� m A fiailet Ao AUF= • "-TOTAL LAr\1L'� `Z2, X72 ).01 A6, ,± FLOOD ZONE, 'X' UNMAPPED 2 I. , -7o'1Z.I As 'fL& 5000' (P 1 M) Ft; 0 0 ,. 10,5 88 gi+ Imo 'BoA 142.1 :1 907 1STI �CT 1 E.,IA - ''L(1L'1)1nl(R 20,4 0, IB> 0 - 32.2 21.1 V uS 6,0 N) 6,O_ Yc717If, 3? ��i SURVEYOR'S CERTIFICATE 1 HEREBY CERTIFY THAT THIS AND IS TRUE AND CORRECT T AS SURVEYED IN THE FIELD, COMPLIES WITH THE MINIMUM CHAPTER 61- G -17 -6 BY THE PURSUANT TO SECTION 472.0 ARE NO ABOVE GROUND ENCR BYE REGISTERED LAND SURVEYOR FLORIDA REGISTRATION #4015 GEORGE M. AYLDR, JR, R.L.S. 150.00' (P B M) 4.55 `T o 51J114 ) 16, f'1.6 I.1fas L` ( Mar I1, ) LEGEND. 1-or 1 SURVEY MAP IS PER RECORD DESCRIPTION HE BEST OF MY KNOWLEDGE AND BELIEF URTHER CERTIFY THAT THIS SURVEY HNICAL STANDARDS SET FORTH IN IDA BOARD OF LAND SURVEYORS O'IDA STATUTES, AND THAT THERE NTS OTHER THAN SHOWN. DATE, 1J-7.0- O7 • -0- 11 FFE PSM R/W PC G L X 0.00 - FOUND CONCRETE MONUMENT -FOUND 5/8' DIA. IRON ROD - EXISTING WIRE FENCE - EXISTING WOODLFENCEENCE - CENTER LINE - FINISH FLOOR ELEVATION - PROFESSIONAL SURVEYOR AND MAPPER - RIGHT -OF -WAY - POINT OF CURVE -DELTA ANGLE -ARC LENGTH - TYPICAL ELEVATION FIELD WORK COMPLETED. 11/12/07 McINTOSH AND ASSOCIATES LAND SURVEYING & MAPPING 325 SW SOUTH QUICK CIRCLE PORT ST. LUCIE, FLORIDA 34953 (772)878 -7568 (voice) (772)343 -1091 (fcx) CERTIF. OF AUTHORIZATION NO. LB7332 LOCATION. MAP LEGAL DESCRIPTION: LOT 10, LESS THE SOUTH 15 FEET OF THE WEST 8.83 FEET THEREOF, AND LOTS 11, AND 12, AND THE SOUTH 1/2 OF THE ALLEY ADJOINING SAID LOTS, BLOCK 151, OKEECHOBEE, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 17, AND REPLATTED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF ST. LUCIE (NEW OKEECHOBEE) COUNTY, FLORIDA. ADDRESS. 4I5 NE PARK STREET OKEECHOBEE, FLORIDA SURVEY NOTES: 1. NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS -OF -WAY, EASEMENTS, OR OWNERSHIP. 3. LAND DESCRIPTION HEREON WAS PROVIDED BY THE CLIENT. 4. BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINE. 5. THIS SURVEY NOT TO BE USED FOR FENCE INSTALLATION, SPRINKLER SYSTEMS, SHRUBS, OR ANY OTHER UTILITIES WITHOUT REVERIFICATION OF PROPERTY CORNERS. 6. ELEVATIONS SHOWN HEREON ARE BASED UPON N.G.V.D, 1929. 7. SURVEY NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE, 8. DIMENSIONS PREVAIL OVER SCALE. CERTIFIED TO: BOUNDARY SURVEY PREPARED ON THE ORDER OF SAMPSON SCALE, 1' =30' DRAWN BY TMW FILE NO., 3701 • Interactive GIS Map 1 D_SearchResults Okeechobee County Property Appraiser Last Updated: 11/26/2007 Parcel ID: 3- 15- 37 -35- 0010 - 01510 -0110 Owner & Property Info Retrieve Tax Record Owner's Name ELMORE THOMAS E Site Address 415 NE PARK ST, Okeechobee Mailing Address 1855 NW FRONTIER DRIVE LAKE CITY, FL 32055 Brief Legal g CITY OF OKEECHOBEE LOTS 11 & 12, LOT 10 LESS S 15 FT OF THE W 8.83 FT AA.A . 67 Total Land Area 0.509 ACRES Neighborhood 518630.00 Tax District 50 UD Codes 577/208 Market Area 40 DOR Use Code VEH SALE /R (002700) The DOR Use Code shown here is a Dept. of Revenue code. Please contact the Okeechobee County Planing & Development office at 863- 763 -5548 for specific zoning information. Property & Assessment Values Mkt Land Value cnt: (2) $182,296.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (2) $107,469.00 XFOB Value cnt: (5) $3,609.00 Total Appraised Value $293,374.00 Sales History Page 1 of 2 2007 Certified Values l Property Card « Prev GIS Aerial Search Result: 2 of 5 Print Next » 2007 Proposed Values Just Value $293,374.00 Class Value $0.00 Assessed Value $293,374.00 Exempt Value $0.00 Total Taxable Value $293,374.00 Sale Date Book /Page Inst. Type Sale Vimp Sale Quai Sale RCode Sale Price 3/21/2007 629/444 WD I U 03 $613,200.00 9/9/2005 577/208 WD _ I U 03 $650,000.00 1/1/1978 209/321 WD I U 03 $100.00 Building Characteristics Bldg Sketch Bldg Item Bldg Desc Year Blt Heated S.F. Actual S.F. Bldg Value Show Sketch 1 STORE RETL (003500) 1973 2080 2640 $53,080.00 Show Sketch 2 WAREH -STOR (008401) 1973 4356 6020 $54,389.00 Extra Features & Out Buildings - ( Show Codes ) Code Desc Year Blt Value Units Dims Condition (% Good) ASPH 2 COM SLB WL 1961 $2,603.00 14263.000 0 x 0 x 0 PD (25.00) FENC A 6'C /L 3BRB 1999 $284.00 80.000 0 x 0 x 0 PD (50.00) CONC I BUMPERS 1999 $52.00 7.000 0 x 0 x 0 PD (50.00) LNI1 LGHT INCD 1999 $360.00 3.000 0 x 0 x 0 PD (100.00) CONC A SLAB WALK 2006 $310.00 196.000 0 x 0 x 0 PD (100.00) Land Breakdown Lnd Code Desc Units Adjustments Eff Rate Lnd Value 067EP1 HWY 70 E (MKT) 141.170 FF - (.485AC) 1.00 /1.00 /1.00 /1.00 $1,224.00 $172,792.00 067EP1 HWY 70 E (MKT) 8.000 FF - (.024AC) 1.00 /1.00 /1.00 /1.00 $1,188.00 $9,504.00 Okeechobee County Property Appraiser http: / /www.okeechobeepa.com /GIS /DSearchResults. asp Last Updated: 11/26/2007 12/5/2007 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 -2845 Phone: 239 - 334 -3366 Fax: 239 - 334 -6384 Email: jim @larue- planning.com LaRue Planning & Mana • ement Services, Inc. Staff Report — Special Exception Request Owner: The City of Okeechobee Applicant: Richard Sampson Petition No.: 07- 009 -SE Staff Report Special Exception Request Applicant's Name: Richard Sampson Petition No. 07- 009-SE General Information: Owner: Lessee: ssee Add S: Elmore ,,, Richard A. Sampson Street; Contact Person: Contact Phone Numb Richard Sampson Legal Description of Subject Property: Lot 10, less the South 15 feet of the West 8.83 feet thereof, and Lots 11 and 12, and the South lh of the alley adjoining said lots, Block 151, OKEECHOBEE, according to the map or plat thereof, as recorded in Plat Book 2, Page 17, and Replatted in Plat Book 5, Page 5, Public Records of St. Lucie (now Okeechobee) County, Florida. Item Before the Board of Adjustment: The matter for consideration by the City of Okeechobee Board of Adjustment is an application requesting a Special Exception in the CHV Zoning District for property located at 415 NE Park Street to be used for a custom truck and mechanic shop. Background: The subject property is approximately 0.509 acre(s) fronting on NE Park Street. It appears that a special exception and reduction in required parking was previously approved for a Firestone retail /repair facility. However, the Firestone use was never established and the special exception has now expired under the provisions of Sec. 70 -373 (f), Nonuse. The last physical use of the property was for a Wise Appliance retail store. The applicant intends to use the building as a custom truck and mechanics shop, presumably making repairs, custom modifications and spraying custom truck bed liners. Retail sales and storage may also be involved, but the Applicant has not provided information that will allow an assessment of the extent of these components of use. The survey submitted with the application shows a building of approximately 8,562 square feet, just 14 parking spaces, and the addition of a "Rhino spray booth" adjacent to the east side of the building The use will continue to have public utilities and the adjoining property users are as follows: North: McDonalds parking lot for RVs and trucks East: Vacant South: Across SR 70 -- Commercial strip center West: McDonalds restaurant Page -1- Staff Report Special Exception Request Applicant's Name: Richard Sampson Petition No. 07 -009-SE Consistency with Land Development Regulations: When reaching a conclusion on a Special Exception, the Board of Adjustment shall consider and show in its record the following findings: A. The use is not contrary to the Comprehensive Plan requirements. No, the requested use is designated Commercial on the Future Land Use Map and such use is envisioned within the land use category. B. The use is specifically authorized as a special exception use in the zoning district. Section 90- 283(7) specifically authorizes mechanical and repair services as a special exception use in the CHV Zoning District. C. The use will not have an adverse effect on the public interest. The use is similar in character and impact to that which was previously approved but never activated, the Firestone operation. However, without modification, the use will likely have insufficient parking, be deficient with respect to landscaping, both along interior lot lines and adjacent roadways, particularly from SR 70. The fact that the proposed use requires appli- cation for a special exception gives the City the opportunity to correct the above deficiencies resulting from earlier approvals. D. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. A custom truck and mechanics shop can be appropriate for the proposed location provided that some of the existing deficiencies in landscaping and buffering are improved and no additional impacts are created by the new use. E. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. The activities associated with the custom truck and mechanic shop should not adversely affect property values as they are not appreciably different from those associated with the approved but never activated prior use. There are no residential properties in the immediate vicinity; consequently living conditions in the area will be unaffected. The proposed use is consistent with the types of commercial uses typical in a heavy commercial area and should not be a deterrent to the development of adjacent property, except that Staff questions the appropriateness of introducing the "Rhino spray booth" in the area between the building and the right -of -way of NE 5th Avenue, an area normally reserved for building setback. Page -2- Staff Report Applicant's Name: Richard Sampson Special Exception Request Petition No. 07- 009-SE F. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. Surrounding uses are all commercial and should not be affected by most of the activities anticipated to be undertaken on the property. However, the "Rhino spray booth" should be relocated to an area within the existing building or elsewhere on the site that would not have an impact on nearby properties or the traveling public. G. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. This is a commercial property and density is not an issue. H. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The proposed use is no more intensive than other surrounding uses in terms of traffic generation, flooding or drainage considerations and should not create additional problems in these areas. Recommendation: Staff recommends that Petition No. 07- 009 -SE be approved provided the following modifications are shown on a site plan to be reviewed and approved by the TRC: 1. The owner or Applicant provide the City with an accurate delineation of the nature of the use of various portions of the existing building (i.e., how many square feet of retail space, storage and common space, and service /repair space) so as to allow the City to determine the number of parking spaces required under the LDRs and whether and to what extent a reduction in the number of parking spaces may be justified by the circumstances. 2. Establishment of an entrance /exit driveway in accordance with the LDRs; reconfiguration of the parking layout and internal circulation that will allow for the required 10 -foot landscape buffer along SR 70; and relocation of the "rhino spray booth" to an area outside of a required setback and which will not have adverse effects upon adjoining properties, public or private. These changes should also be included on a site plan to be reviewed and approved by the TRC. Submitted by: James G. LaRue, AICP Planning Consultant December 12, 2007 Attachments: Sampson Property and Environs; Aerial Page -3- Staff Report Applicant's Name: Richard Sampson Special Exception Request Petition No. 07- 009-SE 1 SAMPSON PROPERTY AND ENVIRONS 1 NE PARKS-T.JSR -70 ZONING PUB RMF RSF1 100 0 100 200 Feet Staff Report Special Exception Request Applicant's Name: Richard Sampson Petition No. 07- 009-SE Subject Property