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HomeMy WebLinkAbout1984.02.22_Board of Adjustment MinutesMEMBERS PRESENT Richard Helm Mac Borgna Leon Trammel Rick Mahar OWASSO BOARD OF ADJUSTMENT Wednesday, February 22, 1984 Owasso City Hea 4:00 p.,m, MEMBERS ABSENT Robbie Fickle Chairman Borgna called thie meetino to order at 4:04-11. p,m.1, and 2. declared a quorum present, STAFF PRESENT Care] Dickey Johnny Bond 3. The reading of the minutes of January 18, 1984 was dispensed with due 'Lo the fact that board members reviewed copies sent in the mail, R. Hell-n moved approval of the minutes as written. L, Trammel seconded by motion, Aye: Helm, Borgna,, Trammel,, Nay: None,, Motion carried /1­0­0, PUBLIC HEARING 4. -O.BOA-51, -1-Smith Medical Clinic Chairman Borgna reviewed the case history and the staff evaluation - The applicant requests a variance of Section 1130 of the zoning code to allow an extension of time for paving a parking I of with an all weather material, The parking lot accompanies a doctor's office building, A convenience store abuts the D on the north. Vacant commercial property lies to the east, and townhouses are under construction on duplex property lying to the southeast. To the west 'lie a drainaneway and a church, The only access to the property is -from 123rd East Ave, along the east border. The subject tract is zoned CG Commercial, approximately 150' x 150' in size, generally flat and is outside the 100 year floodplain. There are no discern- ible development problems with this property, 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 substantive 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 Owasso Board of Adjustment February 22, 1984 Page 2 this code that a change of the be made by ordinance amendment zoning map, Section 1470,3 permitted principal uses shall of the zoning code or official The Board shall hold the public hearing and, upon the con- curring vote of three members, may grant a variance after finding: a. That by reasons of extraordinary or exceptional con- ditions 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. b. That such extraordinary or exceptional conditions or circumstances do not apply generally to other propert y in the same use district. C. That the variance to be granted will not cause substan- tial detriment to the public good or impair the purposes, spirit, and intent of the code, or the Comprehensive Plan, The applicants first requested and were oranted this same variance one year ago on February 16, 1983. They were granted 90 days from the date of building occupancy of the building that was then under construction to pave the parking lot. They have not responded to any reminders from the City that the requirement needed to be completed® The applicants filed the current appli- cation as a result of the building inspector's notice of violation (see attached). 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 property in the same use district," The Board should consider whether there are "exceptional or extraordinary condi- tions "' present relating to the property and not to financial conditions in deciding this variance, Dr. Stanley Smith, one of the applicants, stated he wanted to know how much more time they had to pave the parking lot, He stated he had gotton a bid from a contractor who said he should wait until May or June to pave. Chairman Borgna pointed out that they already had had one year to pave the lot. R_ Helm stated that the applicants had had a 90 day approval from the BOA plus notices from the building inspector and nothing was heard from them. He stated that, personally, he couldn't see another extension, Dr. Smith stated that his was a new business and cited his expenses as Owasso Board of Adjustment February 22, 1984 Page 3 reasons why he was asking for an additional 3 month, variance, Staff cited Owasso ordinances and state statute requirements for oranting variances, Dr, Smith stated that the Board should give him the variance; that he thought he was being made an example of, K Trammel noted that the business was not new since the Board originally met a year ago, R. Helm stated he felt the Board had bent over backwards for him, Responding to the chair's question, Dr. Smith said his lowest bid was around $5,000 for a 2" asphalt paving, Johnny Bond, City building inspector, estimated a $2,000 cost, Chairman Borgna stated the $5,000 bid sounded out of pro-, portion and noted that the ground had settled and there would be little preparation to do, Dr. Smith stated he was frusturated and thought he was the only one being made to surface his parking lot, Again, he cited his other business ex- penses. Chairman Borgna noted he felt the Board had been very lenient already, Board members noted that businesses that had violated this same part of the zoning code had been dealt with by the Board, Johnny Bond noted now no one gets an electric meter until all City requirements have been met. The Board discussed various alternatives for decisions in the case. L. Trammel moved to require the parking lot to be paved within 40 days and require a letter from the contractor within 10 days stating that he will pave the parking lot within 30 days thereafter, R, Helm seconded the motion. Aye: Trammel, Helm and Borgna.. Nay: None. Abstain; Mahar,, Motion carried 3-0-1,, A short general discussion followed with Ben Hynum and Johnny Bond regard- ing their policy citing nonconformiti Owasso Board of Adjustment February 22, 1984 Page 4 There being no further business to consider, L Trammel moved to adjourn the meeting. R, Helm seconded the motion. Aye: Helm, Borgna, Nay: None,, Motion carried 4-0-0 ATTEST: Trammel and Mahar, The meeting was adjourned at 4:30 p,m.