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HomeMy WebLinkAbout2013.02.26_Board of Adjustment MinutesOWASSO BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING The meeting agenda was posted at the north entrance to City Hall on the 21" day of February, 2013 at 2:00 PM. CALL TO ORDER 2. ROLL CALL 3. Approval of Minutes from the November 27, 2012 Regular Meeting — David Hall moved to approve the minutes of November 27, 2013 regular meeting, Dean Knoten seconded the motion to approve the minutes. AYE: Ramey, Hall, Knoten NAY: None The motion carried 3 -0. 4. OBOA- 13 -01— Variance — Consideration and appropriate action related to a request for approval of a variance to allow the reduction of the required 25' front yard setback to 24.1'. ' The property is located at 14005 East 87h Terrace North (Lot 32, Block 3, The Bradfords at Silver Creek), Owasso, Oklahoma. Joe Ramey presented the item and Karl reviewed the staff report. After reviewing the criteria, staff has made the following findings for each of the listed criteria: 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. 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 curved building line, resulting in an incorrect survey that allowed the building to be built beyond the setback line. Tuesday, February 26, 2013 Old Central, 109 North Birch MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT David Hall Sherry Jacobs Karl Fritschen Jim Bausch (in at 6:04 PM) Marsha Hensley Joe Ramey Julie Lombardi Dean Knoten The meeting agenda was posted at the north entrance to City Hall on the 21" day of February, 2013 at 2:00 PM. CALL TO ORDER 2. ROLL CALL 3. Approval of Minutes from the November 27, 2012 Regular Meeting — David Hall moved to approve the minutes of November 27, 2013 regular meeting, Dean Knoten seconded the motion to approve the minutes. AYE: Ramey, Hall, Knoten NAY: None The motion carried 3 -0. 4. OBOA- 13 -01— Variance — Consideration and appropriate action related to a request for approval of a variance to allow the reduction of the required 25' front yard setback to 24.1'. ' The property is located at 14005 East 87h Terrace North (Lot 32, Block 3, The Bradfords at Silver Creek), Owasso, Oklahoma. Joe Ramey presented the item and Karl reviewed the staff report. After reviewing the criteria, staff has made the following findings for each of the listed criteria: 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. 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 curved building line, resulting in an incorrect survey that allowed the building to be built beyond the setback line. BOARD OF ADJUSTMENT February 26, 2013 Page 2 of 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 (3 00) feet of the subject property and the request was advertised in the Owasso Reporter. Staff has not received any objections. The applicants were present to answer any questions. Jim Bausch moved to approve the variance, Dean Knoten seconded the motion. A vote on the motion was recorded as follows: AYE: Bausch, Ramey, Hall, Knoten NAY: None The motion was approved 4 -0. 5. OBOA 13 -02 — Special Exception — Consideration and appropriate action related to a request for approval of a special exception to allow a non - permanent use (flower tent) on property zoned CS (Commercial Shopping District). The property is located within the Tyann Plaza Development located at 9455 North Owasso Expressway, Owasso, Oldahoma. Joe Ramey presented the item and Karl reviewed the staff report. 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 has not received any objections. The applicant was present to answer any questions. David Hall moved to approve the special exception, Jim Bausch seconded the motion subject to the following conditions: All signage be reviewed by the City Planner to ensure the strict adherence to the Owasso Sign Code. The applicant must provide on -site trash receptacles. A vote on the motion was recorded as follows: AYE: Bausch, Ramey, Hall, Knoten NAY: None The motion was approved 4 -0. BOARD OF ADJUSTMENT February 26, 2013 Page 3 of 3 6. Other Business ADJOURNMENT — Dean Knoten moved for adjournment, seconded by Jim Bausch. A vote on the motion was recorded as follows: AYE: Bausch, Ramey, Hall, Knoten NAY: None The motion was approved 4 -0 and the meeting was adjourned at 6:09 PM. Date A I