Loading...
HomeMy WebLinkAbout1984.04.18_Board of Adjustment MinutesMEMBERS PRESENT' OWASSO BOARD OF ADJUSTMENT MINUTES Wednesday, April 18, 1984, 4:00 p.m. Owasso City Hall MEMBERS ABSENT STAFF PRESENT Richard Helm Leon Trati-imel Carol Dickey Rick Mahar Steve Condray Mac Borgna 1. Chairman Borgna called the meeting to order at 4:07 p,m -, and 2, declared a quorum present, 3. The reading of the minutes of April 4, 1984 was dispensed with due to the fact that board members reviewed copies sent in the mail, R. Helm moved approval of the minutes as written, R, Mahar seconded the motion. Aye: Helm, Mahar and Borgna, Nay: None, Motion carried 3-0-0, PUBLIC HEARING 4. TCBOA-453 REFERRAL - Paul Youn Chairman Borgna reviewed the case history and the staff evaluation: The applicant requests a Special Exception to permit a mobile home in an RE district, The I acre vacant tract i Owasso Board of Adjustment Minutes April 18, 1984 Page 2 Board members discussed the proposal. R. Mahar stated in discussion that the Board has to look at the impact of a permanent mobile home in a residential area versus temporary approval so the person can build a permanent house instead, R. Helm moved to recommend denial of the application unless a reasonable time limit is set for a temporary mobile home and the requirement is made that the applicant would have to reapply to the board for additional time in order to build a house, R. Mahar seconded the motion, Aye: Helm, Mahar and Borgna, Nay: None. Motion carried 3-0-0. 5, PBOA-164 Poe & Associates Chairman Borgna reviewed the case history and the staff evaluation: The applicant requests a Variance of 35' in the frontage require- ment of a lot split from Lot 67B, Block 2, Three Lakes, from 15' to 115' in a CS district. The Lot 67B is located at the SE/c of 86th Street North and 117th East Avenue. The property currently has Billie's Drug located on the eastern portion of the lot. A of split is pending before the Planning Commission to divide Lot 677 into three lots, as shown on the accompanying drawing, One of the pro- posed new lots, proposed to remain as Lot 677 (or tract C), would have a frontage on 86th St, No. of 115' rather than the 150' required in the zoning code, Billie's Drug would remain on that lot, Texaco proposes a gas station on the western parcel, proposed at Lot 670. They wish to purchase 190' frontage which would leave Lot 67B with only 115' frontage. The total frontage is 305', which is enough space to meet the 150' frontage requirement on both lots. The lots are flat and outside the 100 year floodplain and have no discernible development problems. The Owasso Zoning Code states the following provisions for an ap- plication for a variance: Section 1470,1 The Board of Adjustment, upon application, 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 of the code will result in unnecessary hardship. The Board shall Owasso Board of Adjustment Minutes April 18, 1984 Page 3 not permit by variance a principal use not otherwise permitted in the applicant district, it being the expressed spirit and intent of this code that a change of the permitted Principal uses shall be made by ordinance amendment of the zoning code or official zoning map, Sect-ion 14-70.3 he Board shall hold .the public hear inn and., upon the concurr-inq vote of three members, may grant a variance, after finding g t h at" a By reasons of extraordinary or exceptional conditions or circumstances which are peculiar to the land, structure, or building involved, the literal enforce. menus 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 of the code, or, the Comprehensive Plan. 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 other pro- perty 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 or the preference of designers in deciding this variance. Jim Crosby, engineer for the applicant, stated that the variance was sought because Texaco wanted a 190' wide lot for their gas station, He stated that Billie's Drug orients to the north and has a blank wall to the west, so they felt an extra 40' on the west of open land (on a 150' wide lot) was unnecessary, Representatives from Texaco, Jim Brunoldi and H. J. Seigfried, showed photos and the proposed site plan for the Texaco station. Board members discussed the site plan and Billie's Drug. R. Mahar asked if the site plan could be adjusted without the 35' variance. Texaco stated that they wanted that space for safety and access. Crosby stated that Billie's didn't need the added 35' for parking and that the building has no entrance on the west, Chairman Borgna explained the 150' width requirement in the zoning code and the fact that state law and the State Supreme Court require showing of a hardship related to the land and not -the financial or design wishes of the applicant for approval of a variance. Owasso Board of Adjustment Minutes April 18, 1984 Page 4, After additional discussion,,,, R. Mahar moved to deny the application, R, Helm seconded the motion, J y e ,, Mahar, Helm and Borgna, flay � None, Motion carried 3-0-0, Staff clarified for Texaco that they could amend I,' heir s4te plan and lot split request and proceed through the scheduled he or -1,hey cotild appeal the Board's decision within 10 days to DistrIct Court- 6, OBOA-65 Poe & Associates (Texaco Chairman Borgna reviewed the case history and the staff evalution: The applicant requests a Special E',xception to place an autorria- tic car wash in a CS district., The subject tract is located at the SE /c: of 117th East Ave. and 86th St,, North. The tract is vacant and is a part of the OBOA-64 lot split. The applicants propose a I-exa•o gas station and food mart on the site and wish to add a car wash on the south portion of the lot, 'The site plan in included in your agenda, The tract is surrounded on all sides by commercial lo-ts zoned CS. All sites except Lot 67E to the south are developed with commercial businesses, The car wash/gas station would have direct access onto 117th East Avenue and possibly access onto 86th Street North. The site plan shows the car wash to be -located just off' the south property line and approximately 30' east of the west property 'line, The cars would go through in a 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 affect on surrounding properties. Messrs Crosby, Brunoldi and Seigfried of Texaco discussed the amended site plan for the station and car wash. Responding to questions from the the Board they stated the car wash would be an all-enclosed, automatic, one car wash,, R. Helm remarked that this car wash was very different than the other car wash proposal heard by the Planning Commission recent- ly in the same neighborhood, Representatives from Three Lakes Homeowners Association, Norman Van Sickle and Duane Walker reviewed Texaco's site plan and asked several questions regarding what CS zoning allowed, how drainage was to be handled, time of car wash operation, fuel spills into the Association pond and how noise was to be handled. Walker indicated he had no real problem with the car wash proposal but wanted to find out about it.. Extensive discussion fol- lowed. Staff related that the details of the site plan would be reviewed the next night at the Planning Commission and that the TAC had made re•om- Owasso Board of Adjustment; Minutes April 18, 1984 Page 5 mendat i ons regarding items such as drainage, sewer service and traffic flow. Answering another question, Texaco stated that they had no current plans to develop the vacant lot south co.t. the station site; they had to buy it to get the corner property, Another extensive discussion followed concerning noise at what time the station would be closed at night, lair. Van Sickle made several remarks on his concerns over noise at night; from the station a `ad car wash affecting his home Texaco o s't;r1ted they wished to work with the City and their neighborhood Stating that he felt 't:.toa.t the overall Texaco plan would be an asset to the community, R. Helm moved approval cot; he car wash use as submitted. R Mahar seconded the motion. Aye: Helm, Mahar and Borgna, Nay: None, Mcotll corgi carried 3-0-0, COMPREHENSIVE NS 1:V PLANNING 1. Discussion o Code Enforcement Policies and Procedures Steve C:condray, building inspector, discussed zoning code violations suc h as unpaved parking lots, screening fences and improperly placed signs with the Board and updated hem on the status of the cases, true to the lateness of the hour the Board continued discussion of thi