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HomeMy WebLinkAbout1984.08.01_Board of Adjustment MinutesOWASSO BOARD OF ADJUSTMENT NT MI NU (ES Wednesday, August 1, 1984, 4:00 p= Owasso City Hall MEMBERS PRESENT' MEMBERS ABSENT' S,IAE F PRESENT' Mac Borgna Leon Trammel Richard Helm Mo Eckel Charles Adams Ca.ro.l Dickey 13 Cha?r"""1"(an Borgna called the meeting to order at 4:03 p.m., , 2. declared a quorum present. 3. the reading of the minutes of July 11, 1984 was dispensed with due to the fact that board members reviewed copies sent in the mail. C. Adams moved approval of the minutes as written. R. {,°ielm seconded the motion. Aye: Adams, Helm, Trammel, Borgna and Eckel. Nay: Norse Motion carried 5-0-0. PUBLIC HEARING 4 (li3EJ,r,.. 69 TEXACO Chairman I, >t}rgna, reviewed the case history and the staff f evaluation,., The applicant requests a variance of the 50' building setback line from 50' to 41' for filling st a E; on canopy in a C S district. The subject tract is located at the SE/c of 76th StreeE, North and Dogwood. There is currently a Pure Gold gas station on the property,, and Texaco seeks to replace it with a food mart, gas station and car wash. The tract is surrounded on all sides by commercially zoned property. The lots to the west and south of the tract are vacant. The site plan showing the proposed canopy is included in your agenda packet. The tract is outside the 100 year fioodplain, is rather flat and has no discernible development problems. The Owasso Zoning Code states the following provisions for are appli.- cation for a variance: Section 1470.1 The Board of Adjustment, upon application, and after notice and public hearing, and subject to the procedural substantative stan- dards 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 erode, or the Comprehensive plan, whereby reason of exceptional narrowness, shallowness, shape, topography, or other{ extraordinary Osasso Board of Adjustment Minutes August 1, 1984 Page 2 or exceptional situation, condition, or circumstance peculiar, to a. particular property, t h e literal en f o r c y e m e n t of the code w i l l result in unnecessary hardship. The Board shall not permit by variance a principal use not otherwise permitied in the applicant district, it being the expressed spirit and �sa'ent of this code that a change of the permitted principal s.,ises shall be made by ordinance amendment of the zoning t.3)de or official zonii "Its Trap, Section 1470.3 The Board shall hold he public il.'arii'g c3.nd, upon the concurring vote of three members, may grant a variance after finding that-, a, By reasons o.f, extraordinary or exceptional conditions or circumstances which are peculiar to the land, structur e, or building involved, the literal enforcement of the terms of the code 'would result in unnecessary hardship. b, Such extraordinary or exceptional conditions or circumstances do not apply generally to other property i Owasso Board of Adjustment Minutes August 1, 1984 Page B 7, Provide information to city engineer on stormwater drainage to design adequate drainage improvements.,, V Provide hookup to sanitary sewer for car wash., sh., „ Provide ia. i"inii(1(dm of 6 parking spares; this can include han- dicapped space'(`,). Do not locate them (next to the car welsh,, 10. Construct a concrete pay for c± loading area for ga"1)age truces:, Require Limits-of-No Access along all property lines except for approved access points and the 30' mutual access 9;,"o 12. Locate all signs in accord with the Owasso sign zoning code 3. she 201 utility Easement ;iusz` be formally closed by the city and vacated by District Court and a new easement dedicated before building permits can be sued , 14. Continue the 151 utility easement along the west side of the south lot through he north lot so city ut i l i t i s can be main-- tained The U/E:; is within the bui Owasso Board of Adjustment Minutes August 1, 1984 Page 4 Re Heim moved approval of the variance from 50' to 41'. Ms Eckel seconded the motion. Aye; Adams, Helm, Trammel., Bo gna and Eckel, Nay: None r'° Motion Motion carried 5 0 0, 5. Cif >O /l- 0 TEXACO Csita...ir"1tiasn Bor°gnLa reviewed the s"taf_t evaluation of this case in (.on,iunc:r;ioto with OC3t.) /i4 -..,,6 g The applicant requests a Special Exception to place raft automatic car wash as : � district. n e subject tract is orated at the ` E/c of �a., a a,a a. �,` The 76th Street North and Dogwood. On the tract now is the lure Gold s a ion the applicants propose a. Texaco alas station and .good mart on the site and wish to add a car wash on the south portion of the lot. The site plan is included in your agenda. The tract is surrounded on all sides by commercial lots zoned CS. All sites e except the lots to the south and west are developed with commercial !';93.1s..4nesses. The car wash /gas station would have direct access onto Dogwood and 86th Street North. The site plan t'iows he car wash to be located 0' north of the south property ty .l ? ne and approximately 50' east of the west property .line The cars would go through in as one-way direction, and cars would have room to stack and wait on the Texaco property rather* than in the street. Since the property is surrounded by other commercial lots and uses, a car wash at this location would not appear to have adverse r' , a�i c rects on surrounding properties. Board members discussed the exception and details of the site plan with Rex Hoots and Harold Charney, representing Texaco. Details of the site plan were considered and discussed regarding the evaluation criteria list con- sidered in OBOA-69 R. Helm moved approval of the special exception for a car wash and approval of the revised site plan as submittal subject to completion of the 15 con - ditions listed in OBOA -69, plus the conditions that ho No sign shall be located on the Dogwood dedicated roadway easement 2. Widen the southwestern curb cut as shown on the amended site plan. Ba Amend #2 in the evaluation to try, if at all possible, to obtain the needed right-of-way on Dogwood from the property owner. Owasso Board of Adjustment Mi Owasso Board of Adjustment Minutes August 1, 1984 Page 6 5. The County Board should review a site plan of the area prior to construction to ensure that access points, parking lots lighting, etc., `i will be placed at locations that will not interfere with existing streets and neighborhoods. Linda and Jerry Franks, applicants and owners of a, Collinsville nursing home discussed he application saying l;h[?y felt ' %',l'ere was a y3<'`..:d for a nursing home in Owasso, that the Baptist Village twcoact l d probably .l:i l l their nursing hoiric with their own people €ant;t that h i s will be cl for-profit opera- tion open to anyone Four persons present b ^Mere interested in the case and spoke. Loy Payne represented his neighbor and asked how the proposal would affect the neigh- bor. J. Franks and Joe Codle, Dormer owner of the tract, said the home would be on the south end of the property approximately 1320' west oar 69. One person questioned the water pressure in the area and the acting City improvement Manager e�xp 1 ai ned the current wa`t er° pro gr.,am. Russell Patterson questioned putting a nursing home in a residential area and ?;31hf_n 96t:;h Street North would be widened and resurfaced. He indicated he had no problem with the application. Leo Edison, owner of the abutting 20 acres zoned r,TH to the south, stater he thought; the nursing home would be a problem and that in his experience nursing homes were built in commercial areas Franks and Codle rebutted saying the whole area was agricultural now, tha..t the Franks owned 9 homes all in residential areas and that they thought that many nursing roues were built around neighborhoods. An extensive discussion on this point followed. Cha.riman Borgna closed the public hearing and the Board discussed the appli� cation. R. Helm states! That the City was taking care of the water problems and that he didn't see any new residential development in the area. M. Eckel stated he didn't have enough information to decide the ease and suggested continuing it until the next meeting so they could discuss it further. Mr. Edison complained that he had not received enough notice of the meeting on the form sent by the County Board staff. lather Board members said they had no further questions at this time. R. Helm moved continuance of this case until the Augut 15th meeting. C. Adams seconded the motion. Aye: Adams, Helm, Trammel, Borgna and Eckel Nay: None Motion carried 5.n0-0. Owasso Board of Adjustment Minutes August 1, 1.984 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 5:26 P= Date Approved Z/ x alsm n ATTEST,.