HomeMy WebLinkAbout1984.04.04_Board of Adjustment MinutesOWASSO BOARD OF ADJUSTMENT MINUTES
Wednesday, April 4, 1984, r:00 p »m
Owasso City Hall
MEMBERS PRESENT
MEMBERS
ABSENT
STAFF PRESENT
Richard Helm
Robbie
Fickle
Carol Dickey
Leon T rammel
Ri
Owasso Board of Adjustment Minutes
April 4, 1984
Page 2
54 OBOA-63 Darlene Batson
Chairman Borgna reviewed the case history and the staff evaluation:
The applicant request a variance from the 15' side yard sev
back to 10' and rear yard setback variance from 15' to 12' in an
RM-1 district (PUD-1) on Lot 2, Block 3, Three Lakes Village,
8418 North 116th East Place, The subdivision is a small lot "patio
home" development with 22' private streets, The homes are single
family homes with zero lot line development scheme, There are
existing homes abutting the subject lot on all sides, Lot 2 has
a zero lot line on the south side (no setback required) and re-
quirements for minimum 12' side yard on the north, 16' rear yard
and 20' front building setback, The applicant, therefore, is
requesting variances on the existing house for 2' on the side
yard and 3' on the rear yard, The lots in the subdivision are
outside the 100 year floodplain and have no discernible develop-
ment problems,
The Owasso Zoning Code stated the following provisions for
an application for a variance:
Section 1470.1,
The Board of Adjustment, upon application, and after notice
and public hearing, and subject to the procedural substanta-
tive 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 exceptional narrowness, shallowness, shape, topo-
graphy, 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 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.
Section 1470,3
The Board shall hold the public hearin'i and, upon the concurring
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.
Owasso Board of Adjustment Minutes
April 4, 1984
Page 3
b, Such extraordinary or exceptional conditions or circum-
stances do not apply generally to ot'Vier property in the
same use district.
c, The variance to be granted will
detriment to the public good or
spIrit, and intent of the code,
Plan,,
not cause substantial
impair 'the purposes,
or the Coraprohensive
City and state provisions for a variance as well as recent,
Supreme Court decisions require showing a hardship "poculiar" to
the land, structure or building involved (that doesn't) apply to
the other 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.
Darlene Batson, applicant, and Bland Pittman, planner for the subdivision
explained that the house had been built on the lot I>!, or 2 years ago and
was used as rental property until now so that a survey had never, been
done on the property to catch the encroachments,, They said the major
encroachment was the garage portion and not the living area of the house,,,
Ms. Batson said the new owners were asked to sign a statement saying -they
knew the house was built over the buildinn lines. Staff pointed out that
the dwelling unit was too large to fit on -that size lot anyway.
Board members discussed the variance with the applicants, One member
commented that the mistake appeared to be an accident-on-purpose. Mr.
Pittman stated that whoever drew the plot plan put the wrong unit on the
lot. Members discussed whether to approve the variance, They stated
that while they did not like to see this type of variance request after
the fact, the applicants would be put in an extreme hardship if it were
not approved,
R. Helm moved approval of the variance as requested, R. Mahar seconded
the motion,
Aye: Helm, Mahar, Trammel and Borgna,,
Nay: None,
Motion carried 4-0-0,,
NEW AND GENERAL BUSINESS
6. Resignation Letter
Chairman Borgna read Robbie Fickle's letter of resignation from the Board
of Adjustment, The letter is attached to these minutes. The Board ac-
cepted the resignation and directed staff to forward it to the Owasso City
Council so they might appoint a replacement at their earliest convenience,
Owasso Beard of Adjustment Minutes
April 4, 1984
Page 4
The Board also directed the chair to prepare a letter of appreciation for
Mrs. Fickle,
There being no usher business to consider, L, trammel moved to adjourn
the meeting. R. Helm seconded the motion-
Aye
, Helm, Trammel, Mahar and Borcina ,
Nay: None,
Motion carried 4-0-0, The meeting was adjourned at 4,53 p,m,
Date Apprayed
y ,