HomeMy WebLinkAbout2014.07.22_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
July 22, 2014
6:00 PM
Old Central, 109 North Birch
Marsha Hensley
Assistant City Planner
R
Qetks
ke
Filed in the office of the Owasso City Clerk and posted at the north entrance to City Hall at 2:00 PM
on the 17'x' day of July, 2014.
-TYA �Na 2\A k !E4
Marsha Hensley, Assistant City Pla ennerr —
OWASSO BOARD OF ADJUSTMENT
Tuesday, July 22, 2014, 6:00 PM
Old Central, 109 N. Birch
AGENDA
1. Call to Order
2. Roll Call
3. Approval of Minutes from the June 24, 2014 Regular Meeting,
4. Election of Board of Adjustment Chairperson
5. Election of Board of Adjustment Vice Chairperson
BOARD OF ADJUSTMENT PUBLIC HEARING
6. OBOA 14 -06 – Variance. Urgent Care Facility - Consideration and appropriate action
related to a request for approval of a variance to allow for a reduction of the minimum
frontage requirement for a commercial shopping zoned lot. The property is located at 9005
North 121 East Ave (Lot 1, Block 2 Smith Farm Market Place).
7. New Business (New Business is any item of business which could not have been foreseen at
the time of posting of the agenda)
8. Adjournment
s
The City Wit out Limits.
SUBJECT:
Board of Adjustment Variance Request
TO:
Owasso Board of Adjustment
FROM:
Karl Fritschen
CS
Chief Urban and Long Range Planner
CASE:
OBOA 14 -06, Variance for reduction in the minimum frontage for a
South
commercial lot
DATE: July 22, 2014
BACKGROUND:
The City of Owasso received a request for a Variance to allow for a reduction of the minimum
frontage requirement for a commercial shopping zoned (CS) lot. Specifically, the request is to
allow for a reduction of the minimum frontage requirement of 150 feet to 131.05 feet, which is a
difference of 18.95 feet on Lot 1, Block 2 of the Smith Farm Market Place shopping center. The
applicant desires the variance in order to do a lot split and develop the property for a walk -in
medical clinic.
EXISTING LAND USE:
Commercial (Restaurant)
SURROUNDING LAND USE:
Direction
Zoning
Use
Land Use Plan
Jurisdiction
North
CS
Commercial /Retail
Commercial
Owasso
South
CG
Undeveloped
Commercial
Owasso
East
CS
Commercial /Hotel
Commercial
Owasso
West
CG
Commercial /Retail
Commercial
Owasso
PRESENT ZONING:
CS (Commercial Shopping)
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 lots within CS zoning districts shall maintain a
minimum lot frontage of 150 feet along arterial roadways. When Lot 1, Block 2 of Smith Farm
Market Center was platted it had 297.65 of frontage along Garnett Road, which is 2.35 feet shy
of 300 feet. Considering this, it is impossible to split this lot into two lots and meet the minimum
frontage requirements in the CS zoning district.
When the ]HOP restaurant was built on the north portion of Lot 1, there was a small undeveloped
portion of the property on the south side of the building. This vacant lot has been marketed by
the property owner for several years. Recently, interest was shown by a medical clinic to
develop an urgent care walk -in clinic on this property. The applicant wants to purchase the
land fee simple and thus needs to have an individual deeded lot.
Most of lots in Smith Farm Market were developed as multi- tenant lots that can accommodate
multiple commercial users in one building. However, Lot 1 is peculiar in the sense that it can
accommodate the proposed medical urgent care clinic and still meet the parking standards,
building setback requirements, and landscape ordinance but was not platted in such a way
where it could meet the minimum frontage requirements should it be split.
A lot split on the property would leave 166.60 feet of frontage for the north lot (IHOP) and 131.05
feet of frontage for the south lot, which is for the proposed the medical clinic. Access is
controlled by one driveway, which is platted. Staff would recommend that no additional
driveway cuts be allowed. Dentition was also accounted for with a full build out scenario of Lot
1, as the property directly to the east has an existing detention pond that was sized accordingly.
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;
Strict application of the ordinance appears to create an unnecessary hardship.
Lot 1, Block 2 of the Smith Farm Market plat was intended to allow more than one
user on the tract, but applying the minimum frontage requirement does not allow
the lot to be split and deeded as a separate lot. Thus, a hardship does appear
to be the case.
2. Such conditions are peculiar to the particular piece of property involved;
Lot 1 is peculiar in the sense that it can accommodate the proposed medical urgent
care clinic and still meet the parking standards, building setback requirements,
landscape ordinance, detention requirements, and other applicable development
standards but was not platted in such a way where it could meet the minimum
frontage requirements should it be split. This was likely due to the property boundary
for Lot 1 along Garnett being just shy of 300 feet in length.
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. There are few if any impacts with the request and there will not be
inconsistencies with setbacks, current platted access points, detention,
landscape requirements, or parking. The Comprehensive Plan will not be
compromised with the variance request, as the Plan calls out this area for
commercial uses. The variance change will not change the use to something
that is inconsistent with 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 -06.
If the Board approves the variance it should be made contingent on Planning Commission
Approval of the lot split. The Board can only approve the variance of the frontage requirement
and the applicant still has to submit a lot split application for Technical Advisory Committee
Review (TAC) review and Planning Commission approval.
Staff recommends approval of OBOA 14 -06 with the following conditions:
• No new driveway cuts shall be permitted, other than what has been shown on the
filed Smith Farm Market plat.
• Planning Commission Approval of a lot split
ATTACHMENTS:
1. Area Map
2. Aerial Map
3. Legal Description and map of proposed lots
F
k
\
�J� )
)
2
4 \
/ {.
.9 IM
o
\)
S �\
\ -f
>� \]
\)
� 2§
/ §A
/ /0
2/
Q
4
T-
4
O
m
Ill
lJ
a
U
m
L
U
U
m
Q�
Q-
E
O
U
O
m
0
a
c
0
v
a
m
m
U
m
O
61
Q1
C
m
(6
O
J �
m
� O
N =
_
O
N
QJ
a
m
O
O_
�} m
e- m
a o
N �
r- m
s
O oc
Y E
m c
L -
O Y
�a
Qi N O
� 0 O
l0 61
d
y L
M O
m "
3 �
N �
00
y
.0
_
CN
00
LO a
a o
m U
E v
N
w m
L �
H Q-
DESCRIPTION:
RACT 1
CEIVE
JUL 0 9 2094
A PORTION OF LOT ONE (1), BLOCK TWO (2), SMITH FARM MARKETPLACE, CITY OF OWASSO, TULSA COUNTY,
STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT. SAID TRACT OF LAND BEING DESCRIBED AS
FOLLOWS, TO WIT:
FROM THE POINT OF BEGINNING, BEING THE NORTHWEST CORNER OF SAID LOT 1, THENCE NORTH 90'00'00"
EAST A DISTANCE OF 70,75 FEET ALONG THE SOUTH RIGHT —OF —WAY LINE FOR NORTH 121ST EAST AVENUE,
THENCE NORTH 80'16'21° EAST A DISTANCE OF 76.94 FEET ALONG SAID RIGHT —OF —WAY, THENCE NORTH
90'00'00" FAST A DISTANCE OF 2.12 FEET ALONG SAID RIGHT —OF —WAY TO A POINT ON A CURVE, THENCE
ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1225.00 FEET, A DELTA ANGLE OF 02'11'46 ", A CHORD
BEARING OF NORTH 88'54'07" EAST, A CHORD DISTANCE OF 46.95 FEET, FOR AN ARC DISTANCE OF 46.95
FEET ALONG SAID RIGHT —OF —WAY, THENCE SOUTH 00'04'36" WEST A DISTANCE OF 180.38 FELT, THENCE SOUTH
89'57'56" WEST A DISTANCE OF 195.63 FEET TO A POINT ON THE EAST RIGHT —OF —WAY LINE OF NORTH
GARNETT ROAD, THENCE ALONG SAID RIGHT —OF —WAY LINE NORTH 00'04'36" EAST A DISTANCE OF 166.60 FEET
TO THE POINT OF BEGINNING. SAID LOT CONTAINING 33,725.71 SQUARE FEET OR 0.774 ACRES, MORE OR LESS.
TRACT 2
A PORTION OF LOT ONE (1), BLOCK TWO (2), SMITH FARM MARKETPLACE, CITY OF OWASSO, TULSA COUNTY,
STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT, SAID TRACT OF LAND BEING DESCRIBED AS
FOLLOWS, TO WIT:
FROM THE POINT OF BEGINNING, BEING THE SOUTHWEST CORNER OF SAID LOT 1, THENCE NORTH 0904'36"
FAST A DISTANCE OF 131.05 FEET ALONG THE EAST RIGHT —OF —WAY LINE OF NORTH GARNETT ROAD, THENCE
NORTH 89'57'56" EAST A DISTANCE OF 195.63 FEET, THENCE SOUTH 00'04'36" WEST A DISTANCE OF 131.05
FEET, THENCE SOUTH 89'57'56" WEST A DISTANCE OF 195.63 FEET TO THE POINT OF BEGINNING.
SAID LOT CONTAINING 25,637.73 SQUARE FEET OR 0.589 ACRES, MORE OR LESS.
N c
Z
R 14 E
E 96th St N
J' UI]L
1J i H Q.'0
sqe ` 20
J
a T
w
--21
N AI
E 86th St N
SeLLocaalion Map U
N
O
CC
m
Z
50 25 0 50
GRAPHIC SCALE
J"= 50'
MALEK E.
ELKHOURY
MEE
a�
JL Khoury Engineering, Inc.
R35EW ualsvaerrulsa, aft ]41 [b
Te1919P1 B]W- Faz91991L10W
CA 09751, gepmel0H302J15
06/27/14
N. 121st E. Ave. 2.12'
Nea- As21 °E
R =1225.00'
46.95'
N90 °00'00"E 76,94'
70.75'
�- P.O.B. TRACT
I 61L
I
I
I
TRACT 1
I
m
`O I 0.774 acres
I
T
I
1 10 00
2 oTac
'i
�I
589 °ST56 "W
I
o TRACT 2 o
0.589 acres I m
I I'
I I
( I
- -1 -- - - -J
17.5' U/E
P.O.B.TRACT2 195.63'
S89°5T56 "W
LOT 1, BLOCK 2, SMITH FARM MARKETPLACE
CITY OF OWASSO -TULSA COUNTY - OKLAHOMA
LOT SPLIT EXHIBIT
v
z
r
m
0
0
V)
*1.11]11
w