HomeMy WebLinkAbout2014.06.24_Board of Adjustment AgendaPUBLIC NOTICE OF THE MEETING OF THE
OWASSO BOARD OF ADJUSTMENT RECE/VEC
TYPE OF MEETING: Regular JUN 1 7074
DATE: June 24, 2014 City Clerk's TIME: 6:00 PM qe
PLACE: Old Central, 109 North Birch
NOTICE FILED BY: Marsha Hensley
TITLE: 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 19a' day of June, 2014.
Marsha Hensley, Assistant City Plann
OWASSO BOARD OF ADJUSTMENT
Tuesday, June 24, 2014, 6:00 PM
Old Central, 109 N. Birch
AGENDA
Call to Order
2. Roll Call
Approval of Minutes from the May 27, 2014 Regular Meeting.
BOARD OF ADJUSTMENT PUBLIC HEARING
4. OBOA 14 -05 — Variance, Ron Stages - Consideration and appropriate action related to a
request for approval of a variance to allow a front yard setback be changed from 25 feet to 20
feet on Lots 1 through 10, Block 4, Keys Landing.
New Business (New Business is any item of business which could not have been foreseen at
the time of posting of the agenda)
6. Adjournment
nTity Wit out Limits.
SUBJECT: Board of Adjustment Variance Request
TO: Owasso Board of Adjustment
FROM: Karl Fritschen
Chief Urban and Long Range Planner
CASE: OBOA 14 -05, Variance for multiple lots for front yard setback
DATE: June 24, 2014
BACKGROUND:
The City of Owasso received a request for a Variance to allow for a reduction of the front yard
setback for Lots 1 -10 Block 4 in the Keys Landing subdivision. The request is to allow for a
reduction of the front yard setback from 25 feet to 20 feet due to the lots being encumbered by
the 100 -year floodplain, a large drainage and utility easement, and an existing sanitary sewer
line. The applicant desires the variance to create adequate building pads for new homes. The
property is platted, but currently undeveloped.
EXISTING LAND USE:
Single Family Residential
SURROUNDING LAND USE:
Direction
Zoningi
Use
Land Use Plan
Jurisdiction
North
AG
Residential
Residential
Tulsa Counly
South
RS -3
Residential
Residential
Owasso
East
RS -3
Residential
Residential
Owasso
West
RE
Residential
Residential
Tulsa Count
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 twenty -five (25) foot
front yard setback within the RS -3 zoning district. When Keys Landing was first platted, the
subject lots were mostly covered by the 100 -year flood plain according to the FEMA maps, thus
severely impacting the ability to develop the lots with single family homes. On February 20, 2014
FEMA approved a Letter of Mop Revision (LOMR) for the floodplain area impacting the subject
lots. The resulting approved LOMR adjusted the 100 -year floodplain boundary, but when the 25
foot setback is applied the building pad area is very shallow. A drainage and utility easement
was also established by plat in the area where the revised floodplain boundary is located and a
sanitary sewer line is installed just behind the rear yard setback on lots 2 -10. Reducing the
setback to 20 feet allows the homes to be fully constructed outside of the revised 100 -year flood
plain and keeps them further away from the sanitary sewer line while not compromising the
character of the homes sizes already built in in Keys Landing, which requires a minimum home
size of 2200 SF per the filed restrictive covenants.
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:
The application of the ordinance to the particular piece of property would create
an unnecessary hardship;
Strict application of the ordinance appears to create an unnecessary hardship.
The floodplain is a physical constraint on this property and even with the
approved LOMR, the floodplain boundary still encumbers the lot and the
presence of the sanitary sewer line further impacts the buildable area. The extra
5 feet of lot depth gained with the reduction of the front setback to 20 feet will
provide more buildable area for homes and help avoid potential building
conflicts with the floodplain and the sanitary sewer line.
2. Such conditions are peculiar to the particular piece of property involved;
This subject lot is impacted with floodplain, a physical constraint. The applicant
did improve the situation with the LOMR, but the lots still contain a large amount
of floodplain, which makes them peculiar as compared to the lots in other parts
of the subdivision that are outside of the floodplain.
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 purpose and intent of the ordinance or the Comprehensive
Plan. Because this request involves multiple lots on the some block, there will not
be inconsistencies with the setbacks from one house to another. The
Comprehensive Plan will not be compromised with the variance request, as the
Plan calls out this area for single family homes. The variance change will not
change the use.
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 -05.
It should also be noted that should the Board approve the variance it does not automatically
release the lots for building permits. These lots still contain floodplain and the floodplain
boundary is identified by the survey information that was provided as part of the LOMR.
Therefore, each lot should have this boundary & elevation surveyed or identified on the lot plan.
Work on each lot still needs to have an individual flood plain development permit signed off by
the City Engineering Department to ensure and document that all flood plain development
requirements are followed and house pads are built above the base flood elevation.
RECOMMENDATION:
Staff recommends approval of OBOA 14 -05 with the following condition
• Each lot shall be required to have an individual flood plain development permit
signed off by the City Engineering Department prior to, issuance of a building permit.
ATTACHMENTS:
1. Area Map
2. Aerial Map
3. As built map of the sanitary sewer line
4. LOMR Revision Map
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