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HomeMy WebLinkAbout1983.06.22_Board of Adjustment MinutesOWASSO BOARD OF ADJUSTMENT MINUTES Wednesday, June 22, 1933 Owasso City Hall MEMBERS BE.I' S PRESE1~JT MEMBE RS ABSLN,..l_ STAFF PRESENT Richard Helm Gary White Carol Dickey Mac Borgna Ron Cates Leon Trammel Robbie Fickle 1., Chairman Borgna called the meeting to {tfr;lE: " {' at 4;00 p.m., and 2. declared to quorum present,, E3> The reading of the minutes of May 11, 1983 was dispensed with due to the 1`a(;t that board i3ieC7ib( "s's reviewed copies st',nt in the mai 1 . R. Helm moved to approve the minutes as written. L. Trammel e ? seciinded the motion, Aye: Helm, Borgna, Trammel and Fickle. Nay: None. Motion carried 4-0-0. BOARD OF ADJUSTMENT ELECTION 4. Election of Officers Staff related ha.E according to the Board's bylaws, election n o.$. officers 1cers _is required at the annual meeting in June R Helm moved to re-elect the current officers .E:,°or another year term. R Fickle seconded the motion Chairman Bormgn;a, asked the members if they were satisfied with the Cii;(fY`(`'nt officers. They i„esE)C}i3tl>wd yes The E3ha" #Y`11"ian called for the vote. Aye: Helm, Trammel, Fickle and Borgna.. (day: alone, Motion carried 4-0-0, PUBLIC HEARING 53 UE3OA -5 Lloyd Kennedy The applicant's attorney requested a. short delay in presentation of the case because an associate who had their map exhibits had not yet arrived. Chairman Borgna agreed and introduced City Attorney Ron Cates to the Board, explaining that he would be advising the Board in this case. Chairman Borgna then began reading the case including parts or the case history and the staff evaluation: The applicant requests a Variance and/or Special Exception to allow the applicant to utilize a tract of land, zoned 1L, as a mobile hose parks The tract is approximately 19 ac. in size and lie west of 1-1 69 and south of 76th Street North. The majority of the property is in the 100-year f loodpla.in and the i loodway runs through the property. The tract was used as a mobile home park when it was annexed into the city limits, The mobile homes were removed after two Moods in 1974. The property was coned ih in 1979. The property has not been used since the flood, The Owasso Comprehensive Plan ➢tea ?coi17"lends industrial land use for this site,, The Owasso Zoning Code states the following pr env r s (, ns for an application for 1, variance.: Section 1470A The Board of Adjustment, upon application, and after notice and trubli(, hearing, and sLlb..iract to he procedural substantive standards hereinafter rse.?1: forth, may grant such variance from the terms of this code as will not cause substantial detriment the e pu 1 ic good or impair the spirit, purposes and intent of this cod,, or the Comprehensive iv Plan, whereby reason of Excep . lIor ai narrowness, s, shallowness, ss, st'rape, °d:;e7C)ogrtrp9'ry, or ()(;`rler extraordinary or exceptional l ` >l i;u on, condition, qtr° circum- stance pe u l n a to a particular property, the literal ir, n+ (7 i' c e men(`; of the code will result in unnecessary hardship. The Board shall not vary any jurisdictional requirement, such as notice. The Board shall not permit by variance a principal use not otherwise permitted in the applicant district, i't being h e expressed ri i3 i r i and intent of this code that a change of the permitted principal Lire£ shall be Il`ltrC"ie by ordi- nance 4 na~in? e` amendment o I" the zoning code or official zoning map, p Section 1470.; The Board shall hold the public hearing and, upon the con- curring vote of three members, may grant a variance after Minding a. That by reasons of extraordinary or except_iona.l condi- tions or circumstances which are peculiar to they land, structure, or building involved, the literal enforcement of the terms of the code would result in unnecessary hardship, h. That such extraordinary or exceptional conditions or circumstances do not apply generally to other property in the same use district. ca That 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 flan, The Zoning Code states the following provisions for an appli- cation for a special exception, the Board of Adjustment, upon application, and after notice and public hearing, subject to 2 the procedural and substantive standards hereinafter set forth, may grant the following special exceptions: aW Special Exception uses as designated and regulated within the permitted use provisions of the zoning districts, Via, Special Exception uses as designated and regulated within Section 930, Chapter, 9 Floodway Supplemental Distr'3cts c The change of a nonconforming use as provided in Section 220 (f) , Chapter 2 NC.l'tlf on ft'Ermi t i ds d. The restoration of a partially ' a t i i i l y destroyed structure w o n' ai 3 . P ng a nonconforming use as provided in Section 1220 (g ) Chapter 12 N33con o mit i rs 5 e. The restoration of a. partially destroyed nonconforming structure as provided in Section 1250, Chapter er ;1. , Non- conformities,, 1 The modification or a screening requirement, as provided in Section 250, Chapter 2, Distr.ict", Provisions: General. g. Off-street parking use of property located within z`a res i dental district, f3ld "en the ;Jropert;pd is abutting an office, con lierc i a 1 ,, or industrial fd I str'lct.;,> Section n .t..ti. 0. 3 The Board of Adjustment shall hold the public hearing ,end, upon the concurring vote of three members, may grant the Special Exception after finding that the Special Exception will be in harmony with the spirit and intent; of the code, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Provided that the Board in granting a Special Exception shall prescribe appropriate conditions and safeguards, and may require such evidence as guarantee or bonds as it may deem necessary to enforce com- pliance with the conditions attached. Regarding a Variance, the Oklahoma Supreme Court recently ruled that sever=al criteria listed in state law must be met in order to grant a variance to the zoning code. These cri- teria relate to the situation where a piece of property cannot be developed to ordinance standards clue to the peculiarity of the land itself - narrowness, shallowness, ex- cessive slope, etc© The health, safety and welfare or the public roust be considered in deciding a variance as well as the intent and purpose of city ordinances and the comprehensive plan regarding the variance in question. Regarding a Special Exception, there are seven types of excep 'dons listed in the Owasso Zoning (ode (Seca 1480.1) the Board of Adjustment can grant. Subsection (a) refers to spe,ci- I fic uses that are designated as special exception uses in par- ticular zoning districts, Mobile home parks are not listed as a special exception use in an IL district. Subsection (b.) refers to areas that are zoned FD. The property in question is not zoned FD. Subsection (c.) refers to a change of a non conforming use, This application as not a request for a change: of a nonconforming use. Subsection (d.) refers '3o re building a building ))con1 ain nab{ ay nonconforming ruse; that Section, Section, t2t'..t� (�.�aS �j C18a3Ii�er .I..2, Not2co4�3dorei1t ties states: Should i,he structure cture cdon t t„1in .tng f.a nonconforming use partially s be dam aged or �lestr oyed o the extent of'' more than 10 percent (10 %) but less than 0 percent (50 %) of its current ent rep l acE'ment cost at the time of damage, the restoration of the structure shall be subject to the Board of Adjustment's findings, after adherence to the procedural requirements for a Special Exception, that the contemplated restoration on is necessary for the continuance of the nonconforming use, and will not result in any increase of incom- patibility with the present and future use of proxi- mate properties. Should the structure containing a. nonconforming use be damaged or destroyed to .the:, extent; of more than 50 percent (50%) of its replace- ment cost at the time of damage, the nonconforming continue use shall not thereafter Subsection (ea) refers to rebuilding a nonconforming structure and not to any type of use. Subsection (..ty) refers s to changing a screening requirement. The application dudes not request a. change in screening requirement. Subsection (g.) refers to off-street parking. The application does not request an off-, street parkin g exception. ior, The Board of Adjustment's powers are set hearth by state law and by city ordinance, The Board may grant only those variances and special exceptions that meet the criteria of the above quoted ordinances. Lloyd Larkin, attorney for the applicant, began his presentation and presented a written brief which is attached to these minutes. He pre - sented maps of the area and example drawings of what the proposed mobile home park would look like. Ron Cates responded to Mr. Larkin's application and presentation by stating for the record that the application as filed, together with considering the arguments of counsel for the applicant, indicates a sought declaration of a nonconforming use, and therefore, slid not proa- perly present facts or proper procedure upon which the Board could grant the type of relief the appicants, in their application, were seeking. Georgenia Landman, attorney for, the applicant, Cates and Larkin discussed points of procedure for filing cases® Cates presented the avenue of appealing decisions of the building inspector to the 4 Board of Adjustment. An extended discussion among the attorneys followed concerning prover procedures or filling various types of Board of Adjustment cases Chairman Borgna advised the Board that he could ask for a motion on the present application for a variance or special exception or the withdrawal of the case by the applicant, He asked the Board if they had further questions, They indicated they did not. The Chairman hen entertained a motion on the application. L. lra.airnel moved to deny the application as submitted calling for a variance and/or special exception. A lengthy d 1 _ cu s on by the attorneys of the wording of the motion followed. R Helm seconded the Dili:?t,3on Aye: Trammel, Helm, Fickle and Borgna. Nay: None. The motion carried 4...0- V New and General Business Staff YEtG„d that the Technical Advisory Committee c 1 tthe Planning .1my `son were reviewing upda tes to the zoning code. She suggested the Board schedule < special meeting after the TAG completes their re- view, probably in July, to review and comment on the upated draft. Board members indicated they would consider scheduling to special li }£.et i ng for this purpose. No action was taken on this i (em There being no further business to consider, L. Trammel moved to ad.loar "tr i'm,aeting. R. Helm seconded the motion, Aye: Helm, Borgna,; Trammel and Fickle. Maya None Motion passed 4-0-0. The meeting was adjourned at 4:52 p.m. ATTEST: 5 Date Approved ai rman