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HomeMy WebLinkAbout1984.08.15_Board of Adjustment MinutesOWASSO BOARD OF ADJUSTMENT MINUTES Wednesday, August 15, 1984, 4:00 pflm_ city Hall MEMBERS PRESENT MEMBERS ABSENT Mac Borgna Leon Trammel Richard Helm Mo Eckel Charles Ada is II— Chairman Borgna called she meeting to order at 4:01, p „rrr., r 2 declared a quorum present, STAFF PRESENT Carpal Dickey 3,; The r(ading of the minutes of August 1 1984 was dispensed with due to the act that board members reviewd copies sent in the maiV. CC, Adams moved approval of the minutes as written=, M Eckel seconded the motion, Aye: Adams, Helm, Trammel , Borgna and Eckel Nay: None,, w Motion carried 5 -0-0 PUBLfC HEARING The Chairman called the applications for review in different order than listed on the agenda, 4 OBOA 73 Church of Jesus Christ of Latter Dav SainT,s Chairman Borgna reviewed the case history and the staff evaluation: The applicant; requests a Special Exception for a church on a tract zoned RD and RM-2. The property is vacant and is part of an unplatted tract undergoing subdivision platting as Lakeridge Subdi- vision,, There is also a lot split pending to split: -this ,29 from the remainder of the Lakeridge property. The exception is needed because the applicants wish to add a 42' strip of land to the 2.06 acre tract previously approved for a church use located immediately to the ease The subject tract is surrounded or) the north, west and east by vacant property zoned RD, RM -2 and AG; respectively. There is a single family home on a 10 acre AG tract immediately south and another home across 129th East Ave,, from it. There are two other houses located nearby at the SE /c of 96th ;St. North and 129th East Ave. The abutting Lakeridge property is in the process of being developed into residential lots - single family, duplex and multifamily. The Comprehensive Plan recommends low intensity residential land use for the subject property. The church requests a relatively flat 168' x 80' one - building church with paved parking and drives and access to 129th East Ave. They state they will meet all of Owasso' requirements and standards for building, They also suggest a possible future access to the north if a collector street into Lakeridge Subdivision is designed for that location„ The addi- Owasso !Board of Adjustment Minutes August 15, 1984 Page 2 tional 42' strip would be added parking area. The church feels this additional area is needed to provide adequate buildable area due to the utility and GRDA easements crossing the property, Since the church was approved for the previous site;, this addi tional 2' strip can also be considered its compatible with residential use. As far as the site plan is concerned, the tAC requests s s hat the 17.9 perimeter easement approved along .thy, west boundary of the larger tract be TTIi"ved west °tao be located along the wesr, side of the new, combined tract, Don Murnan, representing the church, explained that they requested the adds tional 42' for church use due to the usable space they had to subtract from their original tract for %MIA and perimeter utility easements He stated that the church wanted to work with a 300' x 300' clear area for buildings and they felt too squeezed with the easements and possible space needed for drainage improvements to design their church without the extra 42', He staked the extra area would be used for parking and grass and that the original site plan would not change., Hoard members discussed the application with ivurnan , there were no persons present to protest `i:ohe application, R. Helm moved approval of the applica- tion, C. Adams seconded the motion Aye: Helm, Adams, Borgna Trammel and Eckel, Nay: None, Lotion carried 5a,0, -0, 5v OBOA -72 Billy Emery - Texaco Chairman Borgna reviewed the case history and the staff evaluation: The applicant requests a Variance from Ordinance 309 (Sign Ord.) as interpreted by the Building :inspector to allow for erection of an 8 x 10 2 -pole trademark sign and a 6 x i center mount trademark sign on the Texaco property located at the SC /c of 86th W N. and 117th E. Ave, the applicants wish to place the sign between the building dine and the property line as shown on the amended site plan that was presented at the time they received a special excep- tion for the car wash, City and state provisions for a Variance as well as recent Supreme Court decisions require showing a hardship "peculiar" to the land, structure or building involved (that doesn't) apply to the property in the same use district., The Board should consider whether there are exceptional or extraordinary conditions present relating to the property and not to financial conditions in deciding this variance. Jim Brunoldi, Texaco, explained that a 17o9 utility easement had been filed Owasso Board of Adjustment Minutes August; 15, 1984 Page 3 of record for the north and west borders of the lot in error and Texaco was taking steps to vacate those easements and to dedicate easements in the locations specified in previous Board and OPC approvals on Lot 67E, They stated they wished to place the two signs in accordance wi th the site plan previously approved, and with the easements vacated, the signs would not in- terfere with either right-of-way or utility easements, Board members discus- sed Bother derails of the site plan,, M. Eckel moved approval of the variance per the previously submitted site e plan., L, Trammel seconded the motion,, Aye: Eckel, , Tramme l forgna, Adams and Helm, Nay: None, Motion carried 5 -0 -0w 6 OBOA471 Jeff & Sharon Williams Chairman for °gna reviewed they case history and the staff evaluation: The applicants request a. Variance of the sidcgyard building ses back requirement form 15' to 7' in order to add a 15' wide addition to an existing residence in an RS -3 district, the lot is located at the SW /c. of 76th pl. Nco.> and 12 East Ave, The lot is surrounded on the north, east and west by single family hoaxes zoned RS-3, To the south Ties vacant AG land gowned by the Owasso Baptist Retirement Center. The subject lot; was platted with a 25' building line on the north and a 158 building line on the east, which is consistent with Owasso Leaning Code requirements. At 901 wide and 10,775 sq. fta the lot exceeds the zoning code requirements for minimum lot size by 5' width and 3776 scl .fit. The lot is located outside the 100 year floodplain, does not have an excessive slope and does not have any discernible physical development problems The lot abust two sepa- rate street intersections, Maintaining clear site distance and safety for each intersection would also be a factor in deciding a variance such as this. The Owasso Zoning Code states the following provisions for an application for a variance, Section 1470.1 The hoard of Adjustment, upon applications and after notice and public hearing, and subject to the procedural substantative standards hereinafter set forth, may grant such variance from the terms of this code as will not cause substantial detriment to the public good or impair the spirit, purposes and intent of this code, or the comprehensive plan, whereby reason of excep- tional narrowness, shallowness, shape, topography, or other extraordinary or exceptional situation, condition, or circum- stance peculiar to a particular property., the literal enforcement Owasso Board of Adjustment Minutes ,August 15, 1984 Page 4 of the code will result in unnecessary hardship„ The Board shall not permit by variance a principal use not otherwise permitted in the applicant district, it being the expressed spirit and intent of this cede that a change of the permitted principal uses shall be made by ordinance amendment; of the zoning code or official zoning map Section 1470.3 The Board shall hold the public hearing arid, upon the concur- ring vote of three members, may grant a variance after finding that: a. By reasons of extraordinary or exceptional conditions or circumstances which are peculiar to the :land, structure, or building involved, the literal enforcement of the terms of the code would result in unnecessary hardship b, Such extraordinary or exceptional conditions or circum- stances do not apply generally to other property in the same use district, c. The variance to be granted will not cause substantial detriment to the public:, good or impair the purposes, spirit, and intent ot. the code, or the comprehensive plan City and state provi Owasso Board of Adjustment Minutes August 15, 1981 Page 5 Chairman Borgna explained the statutes and ordinances regarding variances and explained the criteria that must: be met in order to grant a variance, Board members discussed the application with the Williams and reviewed the photo and plat of survey, A general discussion followed, L_ Trammed moved to deny the application, R,, Helm seconded the motion. Ayer, Trammel, Helm, Adams, Eckel kel Brad Borgna, Nay: None Motion carried 3.x00, ` , CC BOA 481 REFERRAL L SIquoytah Investment Chairman Borgna reviewed the case history and the staff r eva I ua c.. i pan The applicant requests approval of a Special Exception to permit construction of a nursing home in an AG agricultural district The 10 acre tract is located west of the 311 %c of 9th St, fro,, and Garnett, The vacant property is surrounded on the west, east and south by land zoned AG and RMT, respectivelly, There is one home located immediately east of the tract 1`o the north, across 96th St,, No.: lie's the (El Rio Vista subdivision zoned RS-3. The tract is generally flat and ,lies outside the 100 year floodpla.in, The Owasso Comprehensive Plan indi-- cates this area as suitable for low intensity residential development., The Tulsa County Zoning Code lists a nursing home as a Use Unit 1205 Community Services, Cultural and Recreational Facilities, which are: Community services, cultural and recreational facilities which are needed in residential areas to serve the residents or need a reside - ntial environment, but which are or can be objectionable to nearby residential uses. These uses are permitted by special exception in some districts, by right in some districts, and prohibited in other districts In considering whether or not to mane` this exception several items should be noted: I. A nursing home is a less intense use than commercial, office or apartment use and could be considered a good buffer from more intense rases that may be built at the intersection, K A nursing home is likely to than 35 to 50 single family property and much less than uses generate less additional traffic homes that could be built on the traffic generated by commercial 3. The property has direct access to a major arterial street that will not interfere with traffic from neighborhoods, 4. Impacts from noise, outdoor lighting and hours of operation should be minimal to the surrounding neighborhoods, Owasso Board of Adjustment Minutes August; 15, 1984 Page Co 5, The County Board should review a site plan of the area prior to construction to ensure that access points, parking lots,, Lighting etc., will be placed at locations will not interfere with existing streets and neigh. b oncoods Jerry Franks, , appl i cant; spoke for the application noting that the nursing home would provide 60-65 jobs, that there was a need in Owasso for another home, that he owns several other nursing homes and most of them are in residential areas, and that the home would be a convalescent center a,nd not for the mentally re i:arded., Several protestors were present and expressed their feelings and concerns.- Ann McAllister;, Russell Patterson, Lecon Edison and others expressed con- cerns that Owasso ccouldo'.t afford two nursing homes that this home would drive up prices the home would bring in people from elsewhere to reside and work there; that they would rather see the property be developed into houses and boost the ad valorum taxes, lack of water pressure in the area, that the Baptist Center was there before nearby houses and that it was unfair to put this home near Ator and t_1 Rio Vista subdivisions, that they home would mar the view for !car 8 homes in Ator, worries that this use would influence other properties near 95th and Garnett �t;,co be rezoned to commercial uses, questions as to what actually would be required to be built and opposition to putting a commercial Lousiness in a residential area. Mr.. Franks, Barbara Munger, daughter -in -law of Mr. Ator, Mrs Coddle and attorney Harold Charney rebutted the protestors saying regarding roses that the Franks were good business people and they would be competitive, the home would not be unsightly and they would be more worried about 2- .story townhouses between the home site and Ator, that they would not be able to see the home from Ator that Mr. Coddle had dedicated the right- of-way for 96th Street Ho, so they had that street because of him, that the Baptist Center home would be filled with their own people, that the people could wind up with something worst in the site, that economics were not a related issue, that this was a classic example of where a nursing home should be and that this home would be an asset to Owasso. Board members discussed the application and several alternatives with all parties concerned, R. Helm moved to recommend approval of the nursing home on the west 5 acres of the site and to require the home to be built according to a site plan reviewed by the Board, such as the one submitted, Lo Trammel seconded the motion, Ma Eckel stated that he had abstained from the discussion and would abstain from voting due to a potential conflict of interest. C. Adams stated the he couldn't see how a nursing home would affect anyone near- by and hated to tie people down to only 5 acres to develop, After additional discussion the vote was called, Aye: Helm, Trammel, Borgna and Adams, Nay: None, Abstain: Eckel, Motion carried 4 -0-1 Owasso Board of Adjustment Minutes August 15, 1984 Page 7 There being no further business to consider, R, Helm moved to adjourn the meeting. L. Trammel seconded the motion., Aye: Adams, Helm, Trammel, Borgna and Eckel., Nay: None, Motion carried 5-0-0, The meeting was adjourned at S:12 p,m ATTEST,, J