Secretary Clement called the roll:

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1 CITY OF OKEECHOBEE PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS MARCH 18, 2010 SUMMARY OF BOARD ACTION PAGE 1 OF 6 I. CALL TO ORDER - Chairperson. March 18, 2010, 6:00 p.m. II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson Devin Maxwell Vice-Chairperson Dawn Hoover Board Member Terry Burroughs Board Member Kenne Keller Board Member Osiel Luviano Board Member Douglas McCoy Board Member Malissa Morgan Alternate Member Karyne Brass Alternate Member - Phil Baughman Attorney John R. Cook Senior Planning Consultant Bill Brisson Board Secretary Betty J. Clement Chairperson Maxwell called e March 18, 2010 meeting to order at 6:00 p.m. Secretary Clement called e roll: Absent (wi consent) (Moved to voting position) III. MINUTES - Secretary. A. Motion to dispense wi e reading and approve e Summary of Board Action for e February 18, 2010 regular meeting. IV. - Chairperson. A. Requests for e addition, deferral or widrawal of items on today s agenda. Member Burroughs motioned to dispense wi e reading and approve e Summary of Board Action for e February 18, 2010 Regular Meeting; seconded by Member Brass. There was no discussion on is item. MCCOY - YEA MORGAN - YEA BRASS - YEA MOTION CARRIED. Chair Maxwell asked wheer ere were any requests for additions, deferrals or widrawals of items on today s agenda? There were none.

2 MARCH 18, PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 2 OF 6 V. CONSIDER PETITIONS AND APPLICATIONS. A. Application No SSA submitted by D & A Properties, Inc. to change e Future Land Use classification on Lots 1-5 of Block 147, City of Okeechobee, from Single Family to Commercial at 310 NE 7 Street - Planning Consultant. Mr. Brisson presented e Planning Staff Report for Small Scale Comprehensive Plan Amendment No SSA stating land use change is to accommodate parking for e development of Shoppes on e Boardwalk. Staff is recommending approval suggesting at site plan review e applicant be required to have unity of title or some legal document tying e parcels togeer. Wes Abney, representing Seminole Design Build addressed e Board and confirmed e land use change was for parking for e development. Chair Maxwell asked wheer ere were questions for Mr. Abney from e Board. There were none. Chair Maxwell opened e Public Hearing for any questions or comments from e public. There were none. Board inquired why unity of title was suggested. Mr. Brisson explained unity of title would tie is parcel to e larger development parcel and could not be developed as long as parking was required for e development. Member Burroughs moved to find e application consistent wi e Comprehensive Plan and recommend approval to City Council to change e land use designation from Single Family (SF) to Commercial (C) for property located at 310 NE 7 Street, Lots 1-5, Block 147, City of Okeechobee, Application No SSA; seconded by Member McCoy. Wi additional conditions at e subject property be tied by unity of title to be used in conjunction wi e development of existing property.

3 MARCH 18, PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 3 OF 6 V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. A. Application No SSA continued. Application will be forwarded in ordinance form for a final Public Hearing on April 6, 2010 before City Council. MCCOY - YEA MORGAN - YEA BRASS - YEA MOTION CARRIED. Application will be forwarded in ordinance form for a final Public Hearing on April 6, 2010 before City Council. B. Petition No R submitted by D & A Properties, Inc. to change e Zoning classification on Lots 1-5 of Block 147, City of Okeechobee, from Residential Single Family-One to Heavy Commercial at 310 NE 7 Street - Planning Consultant. Mr. Brisson presented e Staff Report for Petition No R for rezoning from RSF-1 to CHV in connection wi Application No SSA. Staff recommends zoning request be changed to Light Commercial (CLT) for less density an CHV. Mr. Abney confirmed e choice of e applicant is CHV to be consistent wi surrounding zoning. Darrell Ferneau, 1302 SE 8 Avenue addressed e Board expressing no objection, stating e development is very nice. The Board discussed e zoning, historical concerns, residential closeness to e development, and consistency. Member Burroughs moved to recommend approval to City Council for Petition No R to change e zoning from Residential Single Family-One (RSF-1) to Heavy Commercial (CHV) for property located at 310 NE 7 Street, Lots 1-5, Block 147, City of Okeechobee; seconded by Member McCoy. MCCOY - YEA MORGAN - YEA BRASS - NAY MOTION CARRIED.

4 MARCH 18, PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 4 OF 6 V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. B. Petition No R submitted by D & A Properties continued. Petition will be forwarded in ordinance form for a final Public Hearing on April 20, 2010 before City Council. Petition will be forwarded in ordinance form for a final Public Hearing on April 20, 2010 before City Council. VI. CONSIDER QUASI-JUDICIAL ITEMS. A. Application No V Submitted by Steven & Andrea Nelson, to consider a Variance for decreased side and rear setbacks and increase impervious and building coverage at 1407 SE 8 Avenue - Planning Consultant. Mr. Brisson presented e Planning Staff Report of denial stating no explanation from e applicant as to why e shed needs to be placed in e same non-conforming spot. Also no hardship was reported. He furer went on to articulate, e city code is quite explicit on e regulations for approving a variance, for which e applicant has demonstrated none. Mr. Nelson, property owner and applicant reported to e Board, living at e same address for 30 years and having e shed for 25 years. The shed now needs to be replaced and needing more space. Mr. Nelson stated he wants to improve e property and has spoken to all his surrounding neighbors and none objected. Darrell Ferneau, 1302 SE 8 Avenue, neighbor reported having no objection. The Board discussed neighborhood improvements need to be allowed, along wi fixing non-conforming regulations and consideration regarding rights of e property owners. Board Member Burroughs moved to approve Petition No V to decrease side and rear setbacks and increase impervious building coverage at 1407 SE 8 Avenue; seconded by Member Morgan.

5 MARCH 18, PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 5 OF 6 VI. CONSIDER QUASI-JUDICIAL ITEMS CONTINUED. A. Application No V continued. MAXWELL - YEA HOOVER - ABSENT BURROUGHS - YEA KELLER- NAY LUVIANO - YEA MCCOY - NAY MORGAN - YEA BRASS - NAY MOTION CARRIED. B. Application No SE, submitted by Triple E Management, Inc., to consider a Special Exception for Auto Repair Service, Outdoor Display of Vehicles and Tire Sales at 601 Sou Parrott Avenue - Planning Consultant. Mr. Brisson presented e Planning Staff Report of approval, stating is location has been in business for many years, but has not been in operation for 6 mons. The Special Exception is now being requested by e owner of e property to avoid furer problems. The concerns are landscaping, due to extensive pavement, safety issues due to four ingress/egress opportunities and anesetics such as e fence. Staff feels landscaping could be improved rough planters. Mr. Emilio Perez, owner and applicant addressed e Board stating he has been e owner for 20 years. The property has been leased for many years. Have had no problem wi e school located on e sou side of e business. Will replace e wooden fence and stipe e 3 parking spaces requested by e Building Official of e City. No problem wi providing landscaping, however closing any of e existing driveways would be a problem. Pastor Jim Waters of Grace Breren Church spoke concerning possible noise at would be generated by e new leasee, ei, air wrenches and pneumatic tools. The church and school want to appeal to e community wi neatness and clean property, also surrounding properties. The Board discussed having damaged cars in a fenced area at e rear of e property so as not being visible from e street. Clean cars for sales could be placed in front. Lengy discussion ensued regarding ingress/egress of property, also noise issues.

6 MARCH 18, PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 6 OF 6 VI. CONSIDER QUASI-JUDICIAL ITEMS CONTINUED. B. Application No SE continued. Member Burroughs moved to approve Petition No SE to allow Mechanical and repair service, reg. Sec (7), and Outdoor vehicle sales lot (18) for property at 601 Sou Parrott Avenue; seconded by Member Brass wi e conditions of fencing along rear and side of property, wood or slatted, driveway closest to SE 6 Street and Parrott Avenue be closed to vehicular traffic, landscaping provided wi containers, and improve e remaining existing driveway on SE 6 Street. MCCOY - YEA MORGAN - YEA BRASS - YEA MOTION CARRIED. VI. NEW BUSINESS. VII. A. Consider any additional requests for amendments to e City's Land Development Regulations - Chairperson. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED at if any person desires to appeal any decision made by e Planning Board/Board of Adjustment and Appeals wi respect to any matter considered at is proceeding, such interested person will need a record of e proceedings, and for such purpose may need to ensure a verbatim record of e proceedings is made, which record includes e testimony and evidence upon which e appeal is to be based. General Services media are for e sole purpose of backup for official records of e Department. Chair Maxwell asked wheer ere were any requests for amendments to e City s Land Development Regulations. There were none offered. There being no furer items, Chair Maxwell adjourned e meeting at 7:43 p.m. ATTEST: Devin Maxwell, Chairperson Betty J. Clement, Secretary