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HomeMy WebLinkAbout1983.10.19_Board of Adjustment MinutesOWASSO BOARD OF ADJUSTMENT MINUTES Wednesday, October 19, 1983 Owasso City Hall MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT' Richard Helm Robbie Fickle Carol Dickey Mac Borgna Gary White Leon Trammel L Chairman Borgna called the meeting to order at 4:00 p.m., and L declared a quorum present. 3. The reading of the minutes of September 21, 1983 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. L. Trammel seconded th e motion. AyE: Helm, Borgna and Trannel., Nay; None. Motion carried 3-0-0. PUBLIC HEARIN(i 4. TC1300396'. This case was heard first because of the number of interested parties present. Chairman Borgna reviewed the case history and read the staff evaluation: The applicant requests a Special Exception in an RE Reside- ntial Estate district to permit a church use. The property is a vacant tract located 1/4 mile south of the SE/c of 76th Street North and 117th East Avenue. The neighborhood is one of large unplatted lots with scattered homes and a few businesses nearer 76th Street North. The tract has access from 117th East Avenue connecting with 76th Street North and the 1-169 service road. The Comprehensive Plan recommends rural residential land use for this area. Church use is a use by Special Exception in an RE area. There was no site plan submitted for review prior to the meeting. There are several items that should be considered as conditions if a church use is decided to be an appropriate use in this location: Adequate off street paved parking should be required to accommodate all church-related traffic. No church parking should — allowed on the two laned streets. 2. Coordinate and mark in-out access points to the church to reduce congestion on neighboring streets. 1 Meet all bulk and area requirements of an RE district. 4. Buffer all outdoor lighting away from nearby residences. OWASSO BOARD OF ADJUSTMENT MINUTES October 19, 1988 Page 2 The applicant was not present, There were 6 nearby residents present who asked various questions about the proposed church, In addition to questions, they expressed concerns with locating a. church within the neighborhood citing noise; increased traffic, not enough land available for a church, <ano`(`,her non-residential use intruding into the ne"ic�l"4bor — , hood and poor percolation tests They discussed the problems of existing heavy commercial-industrial traffic %;hr'ot,dgh the neighborhood,, R. Helm moved to recommend denial of the application due >3{.1 s` the he !,'resr4 aas 'c traffic a church would cause and because there was no site p l?an to review. L. Trammel seconded the motion, Aye: Helm Trammel and Borgna, Nay: alone, Motion carried 3.,,.0-0 5. ;Ill()1r-59 Chairman Borgn a reviewed the case history and the staff evaluation: The applicant requests variances to 'i;p°te bulk and area re- quirements puirelill"ni,s in a CS dis.tr.it:;.t to accommodate the site plan of a proposed shopping center. The subject is a vacant :12.91e sac., lot at the NW/c cal... 86th Street North and 129th East Avenue. The property is being platted as a part of L ak ,'.r" Idge Phase 11 The applicants have } „ {'',ques +Ued a land coverage variance to 23% of the total area and a. parking space size reduction from 10' ac 20' to 9' and 9j' x 208 spaces. The proposed site plan would meet a'l_l other bulk and area requirements. Parking spaces have been figured at I per 200 sq. f`t., of gross floor space, The re-- quest for narrower parking spaces has been made in order to al- low the developer to construct the planters and landscaping areas showing on the proposed site plan, If Board members consider these requests to be appropriate, the developers will be required to build the center according to the site plan that is approved. Bob Pruitt, engineer for the applicant, explained the proposed site plan and the reasons for requesting the variances. He stated that if the parking spaces were 10' x O' they would lose 85 spaces from the 765 spaces shown. Board members discussed the site plan with Mr. Pruitt and various ways of achieving what the applicant wished to achieve within code requirements© The Hoard discussed various parking alternatives, also. R. Helm moved approval of the lot coverage variance and to retain the 10' x 201 parking space requirement but to reduce the required number of spaces to 678 spaces, per the site plan, ratio of _!. to 225 sq. ft. gross floor space. Le Trammel seconded the motion. Aye: helm, Trammel and Dorgna. Nay: ;Norge Motion carried. OWASSO BOARD OF ADJUSTMENT MINUTES October 19, 1983 Page S 6. OBOA-60 The Chairman reviewed the case history and the staff evaluation: The applicant requests a Variance of the 50' lot width r4;:(:iui;,.etllc'nt in a CS district to a 251 ioS; width. The subject tract is a vacant, parcel located at the NW /c of 96th Street North i-,",nd Garnett. The parcel was `.:,ui)mitiNed as a lot split .!50' (Garnett side) x 1251 (96th side) split from the larger, lot 1 talk and area requirements for CS districts require 150' lot width on lots that abut an arterial street. Both Garnett and 96th Street North are arterial streets. Tt'iere o e, the lot, width on 96th Street, North does not meet the require- ments o.i. he city ordinance. Instead of amending the lot to conform to city ordinance requirements the applicant is requesting a. variance from those requirements. All of tot 1 is a vacant parcel zoned CS, approximately � 00' x 575' in size, generally flat and is outsides the 100 year floodp.la.in There < " "ar''e no discernible development problems with this property, Zoning The Owasso Zo i ? ng Cade states 1,lie following provisions for an i a p p l 4 c 'i.!, is i o n for i a variance e Section 1470.1 .l.,.he Board r,.t, Adjustment, upon application, and after notice and public hearing, and subject to the procedural substan- tive standards hereinafter se"t forth, may grant such variance from the .terms of this code as will not cause sub- stantial 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, 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 require - ment, such as notice. The Board shall not permit by variance a principal use not otherwise permitted in the applicant dis- trict, 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 hearing amid, upon the concur - ring vote of three members, may grant a variance after finding: a. That 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 Mode would result in unnecessary hardship. OWASSO BOARD OF ADJUSTMENT MINUTES October 19, 1983 Page 1 K That such extraordinary or exceptional conditions or circumstances do not apply generally to other property in The same use district, That the granted � .-. c: Th at the variance to be granted will not cause sub - st:antial detriment to the public good or impair the purposes, spirit, and intent of he toile or the Comprehensive Plan, The 1„ a0' lol, width is a standard requirement in an area zon` ng codes, Tulsa .,Ju,iLy sr;cfat:.ards have d. minimum 1251 setback for the first curl) cut for a driveway "r'o(!1 an intersection. The city y anti` state pr ov j .,., signs for a variance require showing of a hardship "peculiar to the land, structure, or building .involved (that doesn't) {apply to other property the z. district." 1 p ..., { 1 �^*� `^y - �^ consider t� >y { t �+. property in i,he same use � istrict." 'fhe Board should V/i 3tij 4���e there are "exceptional or extraordinary condit" ions" resent relating to the property and not to financial conditions in deciding this variance. i The applicant was not present. There were no persons s pros nt; n favor i:r.i:` or in opposition to the application. ion. The Board discussed the re- quest, the location of the lea( and the criteria to approve ;3. variance, 1...,, Trammel moved to deny the application. R. Helm ii(' {sC)9l{:ed the motion, Aye: Trammel, Helm and Borgna, Nay: None Motion carried 3-0-0 ,, NEW AND GENERAL BUSINESS °. Parking a r k i n g Lot Variance Board members discussed rays to spur the City to enforce the variance granted to the Drs. Smith to pave their parking lot at 8510 No 123rd East Avenue. Members requested a report back from the City by a. certain date describing progress made can the parking lot. lea Helm moved to direct the chairman to send the city manager a letter from the Board requesting that the City enforce the requirement to have the Doctors' parking -lot and to request a report back by a certain date detailing progress made on the enforcement. L. Trammel seconded the motion. Aye: Helm, Trammel and Borgnao Nay: None. Motion carried S -U -U OWASSO BOARD OF ADJUSTMENT MINUTES October 19, 1983 Page 5 There being no further business to consider, R. Helm doted to adjourn the meeting. L. Trammel seconded the motion Aye: Helm, Borgna and Trammel . Motion carried 3-0-0. The meeting was adjourned at 4:50 p,m, Date Approved airman