Loading...
HomeMy WebLinkAbout1982.02.03_Board of Adjustment MinutesOWASSO BOARD OF ADJUSTMENT MINUTES Wednesday, February 3, 19829 4:00 p�m.. Owasso City lull MEMBERS PRESENT MEMBERS ABSENT Leon Tra.mmel Mac. Borgn.a. Richard Helm Robbie Fickle Gary White 1. Vice-Chair Helm called the meeting to order at 4 :01 p.m. and., 2. declared a. quorum present. STAFF PRESENT Caro(. Dickey 3. The reading of the minutes of January 21, 19829 was dispensed with due to the fact. that Board members reviewed copies sent in the mail. G. White moved to approve the minutes as written. Lm Trammel seconded the motion. Aye: Helm, White and Trammel. Nay: None,, Motion. carried 3- 0 -m0,.. PUBLIC HEARING 4. T'CBOA: 152 Referral Steven Clark Staff: r..°evic:.};aed the case history. Dr. Clark spoke in support of the appli- cation saying the auto repair use would be a. business like a. Freeway A-utomall, an auto parts store specializing in speed equipment. There would be no service station there. No one else spoke in favor or in opposition to the application, Board members discussed the case, the effect the business would have on the surrounding properties and the staff evaluation: The applicant requests a Special Exception to operate an auto repair shop in a CS Commercial Shopping district. The applicant proposes locating this business on 1 acre at the SW /c of the 20 acres, being a tract 1601x30010 The 160' would front Garnett. The request would be a Use Unit 11 - Automotive and Allied Acti- vities which is a use by exception, requiring review by the Board of Adjustment, The property is surrounded on the north, east and south by pre- dominantly vacant land zoned AG. Tothe west is land zoned CG within Owasso's city limits® The Comprehensive Plan. for Owasso recommends medium intensity commercial /office land use for the frontage of the property for approximately 400' east from the centerline of Garnett Road. The applicant has not yet completed subdivision platting requirements on this land that was recently zoned CS. Owasso Board of Adjustment Minutes Page 2 February 3, 1.982 If the Board deems the proposed use to be use for this area, several safeguards should to avoid parking, crowding, noise, blighting that can hamper the vitality anal compatibili future development, an appropriate land be required in order and other problems ry of existing and 1) Complete a subdivision plat for this property, 2) Locate access point so that they will be compatible with the internal circulation system of the entire commercially zoned area and will not contribute to traffic congestion problems along the strip zoned area of Garnett, 3) Conduct all repair activities inside the building(s) to reduce or eliminate adverse effects of noise of the proposed use, 4) Locate an opaque screening fence along all property lines abutting residential or agriculturally zoned land., 5) Locate exterior lighting so that it shines away from the abutting non-commercial land uses, 6) Treat any future expansion of the auto repair use as a separate BOA application to be decided on its own merits, L. Trammel asked if there would be repairs made on the premises for the general public. Dr. Clark answered yes. L. Trammel moved to recommend to the Tulsa County Board of Adjustment that the application be approved subject to the six considerations outlines in the staff evaulation, G. White seconded the motion, Ay e , Trammel, White and Helm Nay: None. Motion carried 3-0-0. 5� OBOA-42 Wayne Vines Staff reviewed the case history and explained to the public what the BOA application was and reminding those present that the Board hearing was not a rezoning hearing but to determine whether a mistake had been made in the Zoning Map. Wayne Vines spoke in support of the application presenting the plat of Hale Addition in which the deed of dedication states that Lot 1, Block I would be set aside for apartments. He stated that the signatures of Owasso officials on the plat supported his belief that the property. Owasso Board of Adjustment Minutes Page 3 February 3, 1.981 should be zoned RE-2. He also stated that the property owner was not personally notified when the city-wide Official Zoning Map updates were adopted. W C. Carver spoke in opposition to the application, presenting a peti-- Lion of nearby homeowners, a copy of which is attached to and made a part of these minutes. Mr. Carver stated that he was on the Park Board' from 1969-1974 and related the history of the subject property as relar- ed to park development. He stated at a meeting of the Board approximately early in 1972, before the existing nearby apartments were built, MY. Hale then current owner, stated that he would give the subject tract as a public park, but he would not deed it to the city because then he would. know it would always be a park. Mr. Carver stated that Board members were unable to find those Board minutes. He stated the land was given to take care of the open space•recreation requirement necessitated by the aparn Rents. Additional discussion continued about public use of the land. Mr. Vines stated that he bought the property from Mr. Hale and he has mowed it since 1978 when he bought it. He stated that he knew nothing about an agreement to give the land to the city. Carolyn Aery stated that through her family she was told that the land was leased to the city for $1000 per year for as long as they would maintain it. Mr. Vines stated that be had heard that and that when he checked it, the city could produce no copy of such an agreement. Mt. Carver stated that the property was served by only one street and that the petition he presented was in opposition to the apartments, Mrs. Carver stated that when the people who signed the petition bought there houses they understood that this property was to be used for a park. A general discussion of the condition of existing parkland in the city and the lack of parkland in this area followed. The Chairman asked Staff to review the staff evaluation: The applicant requests an interpretation of the Official Zoning Map from an RS-3 Single Family Zoning District to an RM-2 Multi- family Zoning District on a vacant parcel, Lot 1, Block 1, Hale Addition. The property is located between 4th and 5th Streets east of Carlsbad® The applicant feels that an error was made in the past on the Zoning Map and that his property should have reflected a multifamily or apartment zoning. The property in question is vacant and was annexed into the Owasso City Limits on April 3, 1967 by Ordinance 89. The plat of Hale Ad- dition, in which this property is located, was filed of record at Tulsa County on March 21, 1967. The plat also bears the Planning Commission Chair's signature dated November 3, 1966. Zoning records for unincorporated areas of Tulsa County as of April 15, 1966 through the April 3, 1967 Annexation date show that the property was zoned as Owasso Board of Adjustment-. Minutes Wage 4 February 3, 1982 a. Residential Residence District, meaning a. single family district. There is no record of the property ever being zoned for multifamily use while. it was in the unincorporated Tulsa County. Prior to September S, 1980, by "State- Law al.:l.. unincorporated Tulsa. County land within, five (5) miles of the City of Tulsa Limits was under the legal jurisdiction of TMAPC and the City of Tulsa, for zoning. The TMAPC, since 1953, . by Stat< Taw, had legal jurisdiction over all un- incorporated lands in Tulsa. County for subdivision plaiting and lot splits; trhat has not been changed there is no record of a. rezoning application cat ion be::i..ng filed on the property after it was annexed into Owasso City Limits. Since the property in question was annexed, there have been two community -wide updates to the Official Zoning Map, Ordinance #116 and 117 August 7, 1969 and Ordinance #175 August 29, 1974. In both cases proper and legal notice was given according to state statutes and Owasso Charter and Ordinance provisions. At both times the zoning designation of single :Eam7._1y use was confirmed. In each case public hearings at both the Planning Commission and the City Council were held before the Ordinances were adopted. In 1978 the Owasso Comprehensive Plan was adopted by the City Council as offs -,. cial policy for making ::i..a.nd use decisions. Numerous work sessions and public hearings were held prior to its adoption.. `l:'he plan. pi I park p' space, not shows the area to be appropriate >r�ate ror park land-open apartment units. ,valuation of these documents and records can be summarized as follows: 1. County_ Zoning - There is no record that the property was ever legally zoned other than for agricultural or single family purposes. The legal zoning jurisdiction for unincorporated County areas in the subject area, Section 30, Township 21 North, Range 14 East, was TMAPC and City of Tulsa, by State Law. 2. Land Ilse -° The property was and still is vacant so t "here have been no non- conforming uses of the land. 3. Annexation - The property was annexed by Ordinance #89 on April 3, 1967. Prior to that date the property was under the legal jurisdiction of TMAPC and City of Tulsa for zoning and platting, Ordinance 489 states that the property being annexed is "subject to the jurisdiction, control and ordinances of the City of Owasso.'' Nothing in the annexation ordinance specified a multifamily zoning. Gee Platting -- The plat of Hale Addition was filed of record on March. 21, -19679 prior to the date of annexation. Therefore, Owasso officials had no legal jurisdiction to sign the plat Owasso :board. of Adjustment Minutes Page 5 February 3, 1 Owasso Board of Adjustment Minutes Page 6 February 3, 1982 There being no further business to consider, G. White moved to adjourn the meeting. L. Trammel seconded the motion. Age: Trammel, White and Helm. Nay: No Motion carried 3-0-0. The meeting was adjourned at 4:50 p,m,, ATTEST: Secretary Date Approved Chairman