HomeMy WebLinkAbout2014.08.26_Board of Adjustment AgendaP
TYPE OF MEETING:
DATE:
TIME:
PLACE:
NOTICE FILED BY:
TITLE:
UBLIC NOTICE OF THE MEETING OF THE
OWASSO BOARD OF ADJUSTMENT
Regular RECEIVED
August 26, 2014 AUG 2
6:00 PM
Old Central, 109 North Birch City Clerk'., OM,
Marsha Hensley
Assistant City Planner
Filed in the office of the Owasso City Clerk and posted at the north entrance to City Hall at 3:00 PM
on the 21" day of August, 2014.
'0"
Marsha Hensley, Assistant City Plarifter
OWASSO BOARD OF ADJUSTMENT
Tuesday, August 26, 2014, 6:00 PM
Old Central, 109 N. Birch
CLeLNNI_H:\
Call to Order
2. Roll Call
Approval of Minutes from the July 22, 2014 Regular Meeting.
BOARD OF ADJUSTMENT PUBLIC HEARING
4. OBOA 14 -07 — Variance, Smalveo - Consideration and appropriate action related to a
request for approval of a variance to allow for a reduction of the minimum frontage
requirement from 20 feet to 17.8 feet on a residentially zoned lot. The property is located at
9706 East 9& Court North (Lot 13, Block 1 of Fairways V @ Bailey Ranch).
New Business (New Business is any item of business which could not have been foreseen at
the time of posting of the agenda)
6. Adjournment
nTity ewt?. Limits.
SUBJECT:
Board of Adjustment Variance Request
TO:
Owasso Board of Adjustment
FROM:
Karl Fritschen
RS -3
Chief Urban and Long Range Planner
CASE:
OBOA 14 -07, Variance for front yard setback
DATE:
August 26, 2014
BACKGROUND:
The City of Owasso received a request for a Variance to allow for a home that was inadvertently
constructed over the twenty (20) foot front building setback. Specifically, the front of the house
was built 2.2 feet over the front yard setback, leaving a distance of 17.8 feet. The subject
property contains a newly constructed single family residence located at 9706 E. 90th Ct. N., Lot
13, Block 1 of Fairways V at Bailey Ranch. This particular structure is within a zero lot line
development under Planned Unit Development (PUD) 9 within the larger Fairways development.
The approved PUD allows 20 foot front building lines for the Fairways V development as opposed
to the required 25 typically associated with RS -3 size lots found in other phases of the Fairways
development
EXISTING LAND USE:
Single Family Residential
SURROUNDING LAND USE:
Direction
Zoning
Use
Land Use Plan
Jurisdiction
North
RS -3
Residential
Residential
Owasso
South
RS -3
Residential
Residential
Owasso
East
RS -3
Residential
Residential
Owasso
West
AG
Residential
Residential
Tulsa County
PRESENT ZONING:
PUD 9 /RS-3 (Residential Single Family)
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,
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:
Fairways V was platted under PUD 9 which allowed 20 foot front setbacks. It appears that a
mistake was made during the construction of the home and the building was laid out based on
the incorrect property pin. The result was a home that encroached 2.2 feet over the front yard
setback. This variance request is being made due to an error, not any intentional violation of
the zoning code.
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;
The application of the ordinance does appear to create an unnecessary
hardship as the house would not be able to be sold without a variance. The
setback error was not intentional and was due to a survey mistake.
2. Such conditions are peculiar to the particular piece of property involved;
The structure evidently shifted slightly due to a wrong pin set for one of the
property corners. This caused the house to be inadvertently moved forward
resulting in the setback error with the structure.
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 purposes and intent of the ordinance or 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 -07.
Staff recommends approval of OBOA 14 -07
ATTACHMENTS:
1, Area Map
2. Aerial Map
3. Property Survey
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PLOT PLAN
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SUBJECT TRACT
LOT 13, BLOCK 1, FAIRWAYS V AT BAILEY RANCH, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA,
ACCORDING TO THE RECORDED PLAT THEREOF.
LEGEND
6/L BUILDING SETBACK LINE
CL CENTER LINE
P
R®
�T(� D/E DRAINAGE EASEMENT
7 OJ V
R/W RIGHT -OF -WAY
Land Surveying, P.C. U/E UTILITY EASEMENT
CERTIFICATE OF AUTHORIZATION NUMBER: 5270
EXPIRATION DATE:
DRAWING NAME REVISION EET NORTH SCALE DATE
11324 EAST 8 STREET NOR1H X238
OWAS50, OK 74055
SO,
12525 -PLOT PLAN.dWg PH 918- 376 -9327 FAX 918 - 376 -9425 1 " =20' 0617/13