Loading...
HomeMy WebLinkAbout1984.03.28_Board of Adjustment MinutesOWASSO BOARD OF ADJUSTMENT Wednesday, March 28, 1984, 4:00 py Owasso City Hall MEMBERS PRESENT MEMBERS ABSENT' STAFF PRESENT Richard Helm Robbie Fickle Carol Dickey Leon Trammel Mac Borgna Rick Mahar 1, Vice-Chair Helm called the meeting to order at 4:06 p.m., and 20 declared a quorum present, 3. The reading of the minutes of February 22, 1984 was dispensed with due to the fact that board members reviewed copies sent in the mail, L. Trammel moved approval of the minutes as written. R. Mahar seconded the motion. Aye: Helm, Trammel and Mahar, Nay: None. Motion carried 3-0-1, PUBLIC HEARING 4® TCBOA-444 REFERRAL - June Taylor Vice Chairman R. Helm introduced the case and asked the applicant to present her proposal. June Taylor showed a site plan of the proposed church and explained the development plans sayinq the church would be an Interdenominational Glorious Living Word Church. She said she had spoken to neighbors and know of no objections- Vice Chairman Helm asked staff to read the staff evaluation: The applicant requests a Special Exception for a church use in an AG district. The vacant 3.7 acre property is located north of the NW/c of 116th Street North and Garnett, It is surrounded on all sides by AG zoned property. The surrounding land is predominantly vacant fields with four houses and a mobile home in close proximity. The site lies almost 112 mile between 116th Street North and 126th S0 Na The Comprehensive Plan indicates rural residential land use is appro- priate for this area, The subject tract is vacant and is large enough for church buildings and adequate parking facilities. The only access to the property would be from Garnett Road. Carefully designed, a church use could be compatible with current and future development surround- ing the property, Board members should consider several conditions relating to the design and safety of a church: 1� Limit access to the site to one four - laved, striped drive- way to provide access and turn lanes for cars goinq both directions on Garnett and to reduce traffic congestion Owasso Board of Adjustment Minutes March 28, 1984 Page 2 caused by the increased number of cars qoing to This location, 2. Require a hard surface, weather proofed paved park- ing 'lot-, and drives for adequat e. off-street parkinq, Require appropriate stormwater drainage T­mprovements 'to compensate for the buildings and paved pear lKing lot, 3. Do not allow parking along either, side of Garnett Road, 4 Request the County Board and the staff to review a site plan of the church to ensure appropriate setbacks of buildings (particularly from -the house immediately to the north) and design of driveway and parking areas. The Board and staff explained the recommendations -to those present, Mi Owasso Board of Adjustment Minutes March 28, 1984 Page 3 S. OBOA-62 Bland Pittman Vice Chair R, Helm reviewed the case history and the staff evaluation: The applicant requests a variance of the sideyard building setbacks on two lots from 25' to 15' in Three Lakes 1171 subdAY sion, namely Lots 2 and 12, Block 5, The subject lots, as well as the other lots in the subdivision, are vacant and are zoned RS-3,. This subdivision was recently platted, and the final utility installations are now being completed, The two subject lots have 25' building lines on two sides of each lot, The two lots are outside the 100 year floodplain and have no discernible development problems, The Owasso Zoning Code states 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, purpGses 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 ordi- nance amendment of the zoning code or official zoning map. Section 1470.3 The Board shall hold the public hearing, 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, struc- ture, or building involved, the literal enforcement of the terms of the code would result in unnecessary hard- ship. b, Such extraordinary or exceptional conditions or circum- stances do not apply generally to other property in the same use district, Owasso Board of Adjustment Minutes March 28, 1984 Page 4 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, Staff was unable to contact the applicants to gather specific information as to the reasons for requesting the variance, However, the plat developer indicated that the home builders basically wanted to have the freedom to have a 15' side yard on one or the other side of each lot depending on which way they wanted to face the houses, City and state provisions for a 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 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. Commissioners discussed the application with Jim Crosby, agent for the applicant. R. Mahar suggested approving a 15' building line on the north side of both lots in order to maintain consistency on housing setbacks for the cul-de-sac street. Crosby stated that Lot 2 was desipned for the house to be oriented to the north rather than to the west and that was the reason for requesting the 15' building line on the west. Staff pointed out that Owasso ordinances required a minimum of 25' setback only on one side (15' is the minimum setback fronting a side street), so the request was really to amend something the developer had submitted on his own plat rather than a variance of city minimum requirements, Commissioners discus- sed the application and any effects there might be on neighboring properties from this application. R. Mahar moved approval of side setback requirements of 15, on the north side of Lot 12 and the west side of Lot 2, Block 5. L. Trammel seconded the motion. Aye: Mahar, Trammel and Helm, Nay: None. Motion carried 3-0-0. INFORMATION ITEMS 66 Letters regarding Smith Medical Clinic No action was taken on this item. Owasso Board of Adjustment Minutes March 28, 1984 Page 5 There being no further business to consider, L Trammel moved to adjourn the meeting, R. Helm seconded the motion, Aye: Helm, Trammel and Mahar, Nay: None-, Motion carried 3-0-0, The meeting was adjourned at 4:46 p,m, ATTEST: - - --------- ----