HomeMy WebLinkAbout2012.11.27_Board of Adjustment AgendaPUBLIC NOTICE OF THE MEETING OF THE
OWASSO BOARD OF ADJUSTMENT
TYPE OF MEETING:
DATE:
TIME:
PLACE:
NOTICE FILED BY:
TITLE:
Regular
November 27, 2012
6:00 PM
Old Central, 109 North Birch
Marsha Hensley
Assistant City Planner
RECEIVED
NOV ,) 2012
City Clerk's Office
Filed in the office of the Owasso City Clerk and posted at the north entrance to City Hall at 2:00 PM
on the 201h day of November, 2012.
--�M N6
Marsha Hensley, Assistant City Plannkr
OWASSO BOARD OF ADJUSTMENT
Tuesday, November 27, 2012, 6:00 PM
Old Central, 109 N. Birch
AGENDA
1. Call to Order
2. Roll Call
3. Approval of Minutes from the June 26, 2012 Regular Meeting.
BOARD OF ADJUSTMENT PUBLIC HEARING
4. OBOA -12 -05 — Simmons Homes - Consideration and appropriate action related to a request
for approval of a variance to allow an encroachment of 1.9' into the required 5' side yard
setback. The property is located at 10700 North 153rd East Avenue (Lot 25, Block 13, Lake
Valley III), Owasso, Oklahoma.
5. Other Business
6. Adjournment
nTity Wit out Limits.
SUBJECT:
Board of Adjustment Variance Request
TO:
Owasso Board of Adjustment
FROM:
Bronce L. Stephenson
RS -3
City Planner
CASE:
OBOA 12 -05, Variance for front yard setback
DATE:
November 19, 2012
BACKGROUND:
The City of Owasso received a request for a Variance to allow for a home that was inadvertently
constructed one (1) foot nine (9) inches into the required five (5) foot sideyard setback as
identified in Chapter 4, Section 430 of the Owasso Zoning Code. The property contains a single
family residence located at 10700 N 153 E Ave, lot 25, block 13 of Lake Valley III, 1/2 mile east of N
145th E Ave just north E 106th St N.
EXISTING LAND USE:
Single Family Residential
SURROUNDING LAND USE:
Direction
Zonina
Use
Land Use Plan
Jurisdiction
North
RS -3
Residential
Residential
Owasso
South
RS -3
Residential
Residential
Owasso
East
RS -3
Residential
Residential
Owasso
West
RS -3
Residential
Residential
Owasso
RS -3 (Residential Single Family)
APPROVAL PROCESS
SECTION 1270 VARIANCES
1270.1 General
The Board of Adjustment, upon application, and after notice (when notice is required) and
public hearing, may grant variances from the terms of this code only upon a finding that the
variance will not cause substantial detriment to the public good or impair the spirit, purposes
and intent of this code, or the Comprehensive Plan, where by reason of exceptional
narrowness, shallowness, shape, topography, or other extraordinary or exceptional situation,
condition, or circumstance peculiar to a particular property, the literal enforcement of the
code will result in unnecessary hardship. The Board shall not vary any jurisdictional
requirements such as notice.
1270.3 Board of Adjustment Action
The Board shall hold the public hearing and, upon the concurring vote of three
members, may grant a variance only upon a finding that:
The application of the ordinance to the particular piece of property would
create an unnecessary hardship;
2. Such conditions are peculiar to the particular piece of property involved;
and,
Relief, if granted, would not cause substantial detriment to the public good, or
impair the purposes and intent of the ordinance or the Comprehensive Plan.
Provided that the Board in granting a variance shall prescribe appropriate conditions
and safeguards, and may require such evidence and guarantee or bond as it may
deem necessary to enforce compliance with the conditions attached.
ANALYSIS:
The City of Owasso Zoning Code states that homes maintain a minimum five (5) foot sideyard
setback. It appears that a mistake was made during the construction of the home and the
building was laid out based on the incorrect property pin. The result was a home that
encroached one (1) foot nine (9) inches into the required sideyard setback. This variance
request is being made due to an error, not any intentional violation of the zoning code.
As with any variance request, the determination must be made that the request meets each of
the three (3) criteria outlined in Oklahoma State Statute and the City of Owasso Zoning Code.
After reviewing the criteria, staff has made the following findings for each of the listed criteria:
1. The application of the ordinance to the particular piece of property would create
an unnecessary hardship;
The application of the ordinance does appear to create an unnecessary
hardship as the house would not be able to be sold without a variance.
2. Such conditions are peculiar to the particular piece of property involved;
This subject lot is not a standard shaped lot and is not uniform in any sense. It has
a unique curve at the southeast corner that resulted in the wrong pin being used
for the survey.
3. Relief, if granted, would not cause substantial detriment to the public good, or
impair the purposes and intent of the ordinance or the Comprehensive Plan.
If relief were to be granted, it would not cause detriment to the public good and
would not impair the purposes and intent of the ordinance or the Comprehensive
Plan.
In conclusion, staff finds that this particular variance request does meet the three
(3) criteria of the zoning code.
Letters were mailed to all property owners within three - hundred (300) feet of the subject
property and the request was advertised in the Owasso Reporter. Staff received no objections
concerning OBOA 12 -05.
Staff recommends approval of OBOA -12 -05
ATTACHMENTS:
1. Area Map
2. Aerial Map
3. Property Survey
LO
CD
N
O
m
u
N
r
N
O
ti
Y
co
co
I
I
T
m
J
R
d
N
a
E
0
0
d
N
d
n
10-
c
0
D
C
O
u
D
W
v
m
u
R
`o
d
d
C
R
R
m
R
O
c
O
d
D
a
n
0
R
c
0
R
o c
0
c
U C
QFC
R C
O.R..
d R
� D
D O
R
N d
d N
O
o E
a
R 0
voi �
`a o
� R
N N
R y
N N
C R
N0
n"
R.R.
c
ao
R u
E
LO
CD
N
O
m
O
I a
V
R
V
R
d
d
E
6
U
O
0I
O
O
C
O
U
a
O
4:
R
U
R
O
d
d
C
R
R
3
0)
R
O
7-4 U C
O
v
L
a
d
a
O
6
N R
Y 0
O
N �
O °
N m
Y
Y � p
C
V C
O .E
R C
O i
QJ R
OIq
a o
v +'
m o
� 3
O
`o E
T
R O
O w
9 O
16 �
N v
j N
R °
N
O N O
O d
Y d V
_ O O
R
BEd
We Build Trust
P.O. Box 1403, Owasso, OK 74055
(918)274- 4200,(918)272 -5376 fax
Lake Valley III
10700 N 153`d E Ave
1Nl
Lot 25 of Block 13 Scale: 1 ° =20'
0 5 10 20 30