HomeMy WebLinkAbout2014.05.27_Board of Adjustment AgendaP
TYPE OF MEETING:
DATE:
TIME:
PLACE:
NOTICE FILED BY:
TITLE:
UBLIC NOTICE OF THE MEETING OF THE
OWASSO BOARD OF ADJUSTMENT
Regular
May 27, 2014 ~~Y r0J
6:00 PM c1tyC
Old Central, 109 North Birch ~S p
Marsha Hensley
Assistant City Planner
Filed in the office of the Owasso City Clerk and posted at the north entrance to City Hall at 11:00
AM on the 23`d day of May, 2014.
Marsha Hensley, Assistant City Planner
OWASSO BOARD OF ADJUSTMENT
Tuesday, May 27, 2014, 6:00 PM
Old Central, 109 N. Birch
AGENDA
Call to Order
2. Roll Call
3. Approval of Minutes from the February 25, 2014 Regular Meeting.
BOARD OF ADJUSTMENT PUBLIC HEARING
4. OBO_A 14-02 - Variance, Simmons Homes - Consideration and appropriate action related to
a request for approval of a variance to allow an encroachment over the established side yard
setback on a lot located at 10913 North 120t' East Avenue, (Lot 8, Block 3, Maple Glen)..
5. OBOA 14-03 - Variance, Landmark Homes - Consideration and appropriate action related
to a request for approval of a variance to allow an encroachment over the established side yard
setback on lot located at 8429 North 77th East Avenue, (Lot 15, Block 1, Carrington Pointe).
6. OBOA 14-04 - Special Exception - Consideration and appropriate action related to a request
for approval of a special exception to allow for a non-permanent snow cone vendor in a
commercial shopping district. The subject property is located at East 87th Street North and
Garnett Road (Lot 1, Block 1, Ator Center).
New Business (New Business is any item of business which could not have been foreseen at
the time of posting of the agenda)
Adjournment
s
T ut Limits.
SUBJECT:
Board of Adjustment Variance Request
TO:
Owasso Board of Adjustment
FROM:
Karl Fritschen
RS -3
Chief Urban and Long Range Planner
CASE:
OBOA 14 -02, Variance for side yard setback
DATE:
May 5, 2014
BACKGROUND:
The City of Owasso received a request for a Variance to allow for a home that was inadvertently
constructed over the 5' side yard building setback. The southeast corner of the house was built
1.9 feet over the side yard setback and the southeast corner built 0.6 feet over the required five
(5) foot sideyard setback as identified in Chapter 4, Section 430 of the Owasso Zoning Code.
The subject property contains a single family residence located at 110913 N. 120th E. Ave., Lot 8
Block 3 of Maple Glen III.
EXISTING LAND USE:
Single Family Residential
SURROUNDING LAND USE:
Direction
Zoning
Use
I Land Use Plan
Jurisdiction
North
RS -3
Residential
I Residential
Owasso
South
RS -3
Residential
Residential
Owasso
East
RS -3
Residential
Residential
Owasso
West
RS -3
Residential
Residential
Owasso
PRESENT ZONING:
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;
. .
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 within the RS -3 zoning district. 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 1.9 and 0.6 feet over the side yard setback from the south
boundary. This variance request is being made due to an error, not any intentional violation of
the zoning code, It should also be noted, based on the exhibit provided, that the AC pad and
fence encroach into the property to the south. While this is a private matter and does not
specifically impact the building setback issue, conversations with the applicant (Simmons
Homes) indicate that a private easement allowing the encroachment has been prepared and
accepted by the property owner to the south.
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 had the wrong pin set for one of the property corners and thus the
wrong pin was used for the survey. This caused the setback error with the
structure.
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 granted, it would not cause a 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 meets 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 14 -02.
Staff recommends approval of OBOA 14 -02
ATTACHMENTS:
1. Area Map
2. Aerial Map
3. Property Survey
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Exhibit
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Lchmark Surve in and Land Services, Inc.
�]BON. ]ao65 fAN)WO# 18336 DATE: 3/24/14 FILE: 2114.0880 _L U1 WE IMIM
House Location
Lot 8 of Block 3
.Maple Glen III
Scale: 1=20'
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5' BUILDING S LINE
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SOUTH OF PROPERTY LINE FENCE CORNER 2.1'
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COFENCE FINER IS 2.8 SOUTH
9 AND 0.4' WEST OF BOUNDARY LINE
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Lchmark Surve in and Land Services, Inc.
�]BON. ]ao65 fAN)WO# 18336 DATE: 3/24/14 FILE: 2114.0880 _L U1 WE IMIM
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The City Wit out Limits.
SUBJECT:
Board of Adjustment Variance Request
TO:
Owasso Board of Adjustment
FROM:
Karl Fritschen
RS -3
Chief Urban and Long Range Planner
CASE:
OBOA 14 -03, Variance for side yard setback
DATE:
May 27, 2014
BACKGROUND:
The City of Owasso received a request for a Variance to allow for a home that was inadvertently
constructed over the 5' side yard building setback, The north side of the house was built 0.1
feet over the required five (5) foot sideyard setback as identified in Chapter 4, Section 430 of the
Owasso Zoning Code. The error results in the house being 4.9 from the property line, The subject
property contains a single family residence located at 8429 N. 77th E. Ave„ Lot 15 Block 1 of
Carrington Pointe I.
EXISTING LAND USE:
Single Family Residential
SURROUNDING LAND USE:
Direction
Zoning
Use
Land Use Plan
Jurisdiction
North
RS -3
Residential
Residential
Owasso
South
RS -3
Residential
Residential
Owasso
East
AG
Agriculture
Residential
Tulsa Count
West
RS -3
Residential
Residential
Owasso
PRESENT ZONING:
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,
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.
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 within the RS -3 zoning district. Based on the information provided it appears that a
mistake was made during the construction of the home and the building was laid out just over
the 5' setback. The result was a home that encroached 0.1 feet over the side yard setback from
the north boundary and now lies 4.9 from the property line. This variance request is being made
due to an error, not any intentional violation of the zoning code. Granting of the variance will
not impact current utilities or easements on the property.
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. The variance is necessary to ensure a clean title to the property 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;
The property is uniformly shaped and is not peculiar in terms of shape, however it
does lie on a slope, which may contributed to error in measurement and caused
the structure to be built over the side yard building line.
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 granted, it would not cause a 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 meets 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 14 -03.
RECOMMENDATION:
Staff recommends approval of OBOA 14 -03
ATTACHMENTS:
1. Area Map
2, Aerial Map
3. Property Survey
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The City Wit out Limits.
SUBJECT:
Special Exception Request
TO:
Owasso Board of Adjustment
FROM:
Karl Fritschen
CG & RS -3
Chief Urban and Long Range Planner
CASE:
OBOA 14 -04
DATE:
May 27, 2014
BACKGROUND:
The City of Owasso received a request for a Special Exception to allow for the placement of a
non - permanent use (shaved ice stand) on a vacant lot that is a part of the Ator Center subdivision.
The lot is located along N. Garnett, northwest of the First Bank of Owasso building at 86th and
Garnett. The lot is also the location for the seasonal Ram Produce tent.
SIZE OF LOT:
5.87 acres
EXISTING LAND USE:
Vacant Commercial Land
SURROUNDING LAND USE:
Direction
Zoning
Use
Land Use Plan
Jurisdiction
North
CG & RS -3
Commercial
& Residential
Commercial
Owasso
South
CS
Commercial
Commercial
Owasso
East
CS
Commercial
Commercial
Owasso
West
CS
Commercial
Commercial
Owasso
PRESENT ZONING:
CG (Commercial General)
APPROVAL PROCESS
"The Board of Adjustment shall hold the public hearing and, upon the concurring vote of three
members, may grant the Special Exception after finding that the Special Exception will be in
harmony with the spirit and intent of the code, and will not be injurious to the neighborhood or
otherwise detrimental to the public welfare. Provided that the Board in granting a Special
Exception shall prescribe appropriate conditions and safeguards, and may require such
evidence and guarantee or bonds as it may deem necessary to enforce compliance with the
conditions attached." - Section 1480.4 Owasso Zoning Code,
ANALYSIS:
The applicant desires to place a shaved ice stand in the gravel parking lot of the vacant
property located at the northwestern corner E. 87th St N and N Garnett Rd. The applicant wishes
for the shaved ice stand to be in operation during the warmer months of the year. A use such
as this is essentially a temporary non - conforming use placed on an existing conforming lot and
thus requires approval as a special exception from the Board of Adjustment according to the
Owasso 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 14 -04.
The subject property is vacant for most of the year, with the nearby produce stand only opening
during the warmer summer months. The shaved ice stand will operate in a similar timeline. There
is ample room for parking in the gravel lot that will adequately serve the needs of both seasonal
uses. There does not appear to be any impact to surrounding businesses or property owners.
Both of these facilities have operated on this property in the past.
The property is platted as block 9, lot 2 of the Ator Center subdivision and there is currently no
development on this property. Staff has concluded that the shaved ice stand will not impact
public safety and the welfare of the community.
RECOMMENDATION:
Staff recommends approval of OBOA 14 -04, subject to the following conditions:
1. All signage be reviewed by the City Planner to ensure the strict adherence to the
Owasso Sign Code.
2. The applicant must provide on -site trash receptacles.
3. Approval to operate at this location for the next three (3) seasons, providing no
applications for development or lot splits come forth on this property. Should either of
these Items occur then the term shall be void and subsequent applications required.
ATTACHMENTS:
1. Area Map
2. Aerial Map
3. Site Location
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