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HomeMy WebLinkAbout2002.04.23_Board of Adjustment MinutesTuesday, April 23, 2002 Owasso Community Center, 301 South Cedar MEMBERS BERS PRESENT MEMBERS ERS ABSENT STAFF PRESENT Joe Ramey Jim Igarta Vicki Tapp Kcn Foster David Nall Tim Rooney Marsha Hensley The meeting agenda was posted at the i -io -th cr- trance to City Mall on the 1 8th day of April 2002 at 5 :00 Ply. CALF:_, '1!_ O OPER 2. ROLL CALL 3. OBO_A -02-09 - Mayes County Chr r_ - 1r request for a special Exception of the Owasso Zoning Code, Chapter 6, Section 610 "Principal Uses Permitted in Commercial Districts ", to allow for pre-owned vehicle sales on property zoned CS (Commercial Shopping). The subject property is described as Lot 3, dock 1, Owasso Comrrrercial Center and is located at 11501 E, 76"' Street No., the former location of QuikTrip. (Attachment ,'fir) (Continued from the March 26, 2002 regular meeting) Tire Rooney presented the item and the property location was described. -f'he property is zoned. CS (Commercial Shopping) which does not allow automobile saps by right. Letters were mailed to surrounding property owners and legal notification was published in the Owasso Reporter. One letter of objection was received from a nearby property owner. Staff recommends denial for this Use Exception. The site is a "Gateway" into the City of Owasso and believes that this exception use is undesirable at this location. The applicant was not present. Joe Ramey, the Chairperson, asked the Members if there were any questions regarding this request. Vicki Tapp moved deny the above special exception request, Jim Igarta seconded the motion. A vote on the motion was recorded as follows: AYE: Ramey, Igarta, Tapp, Foster NAY: Drone The motion carried for denial 4-0. 4. O OA -02 ®Y4 -- Gene l ayrield -- A request for a Special Exception of the Owasso Zoning Code Chapter 10, Section 1002 "AREAWIDE SPECIAL EXCEPTION USES" to allow a Non- Permanent Vendor in a CS (Commercial Shopping) district. The subject property is described as Lot 1, Block 2, Elm Creek Commercial Center and is located at the Southwest corner of the intersection of E. 86 ' St. No. and N. 125 E .Ave. The proposed use is a Snow Cone vender. Tim Rooney presented the case. 'The location was described and the case history was BOARD OF ADJUSTMENT April 23, 2002 Page 2 of 5 reviewed. Previous snow cone stands and plant sale tents have operated at this location. Legal notification was published in the Owasso Reporter and letters were mailed to surrounding property owners. No comments or inquires were received. Mr, Gene Mayfield, the applicant, was present to answer questions. Staff recornmends approval of OBOA -02 -14 subject to the following conditions= l.. The stand shall be erected as near as possible to the E. 86"' Street N. edge, of the parking lot within the boundary of the first row of °parking stalls. 2. The stand and /or sales operations shall not obstruct the adjacent drive aisle behind the first row of parking stalls. 3. Si.gnage relating to the specific use shall be limited to that which is affixed to the stand structure. 4. A trash receptacle shall be provided by the vendor during hours of operation. 5, The applicant shall obtain a vendor license from the City Clerk d. The facility shall be removed by the last day of October, 2002. Ken Foster rmoved, to approve the Special Exception subject to the above staff` recommendations, Jim agarta seconded the motion, the -vote on the motion was recorded as follows, AYE: Ramey, Igarta, Tapp, foster NAY: None The motion was approved 4-0. o OA- 02- 15- WVThe Brown Schools of Oklahoma -- A. request for a special Exception. of the Owasso Zoning Code Chapter 10, Section 1002 "Areawide special Exception to allow a care home in an OL Office fight) district. The subject property is described as the west 150 feet of Lot 1, Block 1, Heritage Estates, Tulsa County, Oklahoma and is located 425 E. 22n`` Street. 'The proposed use is for an Adolescent Nome. (Attachment #3) Tire Mooney reviewed the item. The property was described and the case history was discussed. The applicant is requesting a special exception to allow an adolescent home to be located at this site. This establishment will serve non- adjudicated children between the ages of 14 and 17 with mild disability or mental challenges. The gown Schools is a private organization and is operated under the rules and regulations of DDS. Staff has spoke with bale Johnson, Owasso School Superintendent regarding this facility. Mr. Johnson's concern is the possible need to add additional staff in a fast growing community. Letters were mailed to surrounding property owners and legal notification was published in the Owasso Reporter. Staff received two calls, one was in opposition. No telephone inquires have been received. Staff recommends approval of the special exception. BOARD OF ADJUSTMENT April 23, 2002 Page 3 of 5 The following are comments /concerns of surrounding property owners that were present: John M. Reid - -- 412 E 22nd St — Does not think a facility such as this should be in his neighborhood. Sympathizes with the children but not in this area. Wanted a better explanation of learning disabilities. fie also discussed the advertisement in 'Tulsa Phone Book for Browri Schools. Mike Jonjock -- 404 E 22"" St -- Opposes the facility mainly because of the lack of information they have. He had concerns with the idea of a pilot program in their neighborhood. Would like to have this item postponed for a :later date. Mr. Kevin burgess, the applicant, was present to address the above concerns. lie explained that this facility would teach job skills, social skills and occupational skills. These children will not have drug problems or any kind of sexual problems. If there were any of these issues, the students would be placed in a higher level care and more secured program. The children will be between the ages of 14 and 17 and are non - adjudicated with mild disabilities or mental challenges. This is a very structured program with an educational, goal progressing to the highest level possible. 'The student /staff ratio was discussed briefly. Mr. Mooney suggested that if the Board Members approve the special exception, to possibly review the case in b to 12 months to see if there have been any problems. After discussion, Vicki Tapp moved to approve the Special Exception subject to the Board Members reviewing the case in April 2003, Jim Igarta seconded the motion. A vote on the motion was recorded as follows: AYE: Ramey, Igarta, Tapp, poster NAY: Done The motion was approved 4 -0. 6a OA -02 -16 -- Charles Parslg — A request for a Variance to the Owasso Zoning Code Chapter 10, Section 1021 "Business Signs and Outdoor Advertising" and Board of Adjustment to allow a second ground mounted sign in a unified development with one street frontage. The subject property is described as Lot VIII, Forest Creek Office Park located at 7794 N. Owasso Expressway. (Attachment #4) Tim presented the item and described the property location. The applicant is requesting a new secondary sign containing 36 square feet. The Sign Code required that only one ground sign is permitted for each public street frontage. Letters were mailed to surrounding property owners and legal notification was published in the Owasso Reporter. Staff has received no calls concerning this request. Staff is recommending denial for this request since a ground mounted sign has been constructed within the development for unified signage. The applicant was present to address concerns. A wall BOARD OF ADJUSTMENT April 23, 2002 Page 4 of 5 sign has been constructed on the building along with the availability of a unified sign Mr. Charles Parsley, the applicant, expressed concerns regarding the lack of visibility from the highway. He :Mated that all other automotive lots in the area have large signs. Mr. Mooney explained that he would be glad to work with them on possibly a larger wall sign for the building. He also explained that this is a unified development with a unified ground mounted sign. The sign has individual panels for the various businesses within the development. Vickl Tapp moved to deny the `variance request:, Tien Foster seconded the notion. A vote on the motion was recorded as follows: AYE: Ramey, Igarta, 'Tapp, foster NAY: None The notion carried for denial 4 - -0. o � -02-17 Owasso Land...Trust — A request for a Variance to the Owasso Zoning ;"ode, Section 1021.6 to allow for a t ree standing pole sign exceeding; the maximum allowable square footage (100 square feet) on property zoned CC (Commercial General) described as Lot 1, Block 1, FCB Center located at 12140 E 96"' 'The property was described and the case presented. The Board of Owasso has approved variance requests of this nature at the Owasso Market site. The height requested by the applicant is within the zoning code requirements, usually signs at interchanges are requested at a high height. Although the applicant is requesting quite a bit more square footage than that which would be typically allowed. 'The request is to allow for a free- standing pole sign to provide signage for two different commercial properties at a height of 30 feet and 292 square feet of display area. The design for the sign matches the architecture of the commercial /office building. Letters of notification were mailed to surrounding property owners and legal notification was published in the Owasso Reporter. No objections have been received. Mr. Pete Kourtis, the applicant was present to answer questions. Vicki 'Tapp moved to approve the Variance request, Jim Igarta seconded the motion and a vote on the motion was recorded as follows: AYE: Ramey, Igarta, Tapp, Foster NAY: None The motion was approved 4-0. & Clarification of Board of Adjustment Action on OBOAm 2 -f2 — Arb — A request for review of a Variance to the Owasso Zoning Code Chapter 10, Section 1021 `Business Signs and Outdoor Advertising" to allow for additional height and square footage for a BOARD OF ADJUSTMENT April 23, 2002 Page 5 of 5 secondary ground-mounted sign to be located along the U.S. Highway 169 corridor and two additional wall signs in a CS (Commercial Shopping) district. (Attachment 116) Discussed action on this item in order to clarify the motion from the March 2002 Board of Adjustment meeting, Joe Raney moved to approve the variance to allow a second :30' tact pole sign with a display area of 97.4 square feet, The r otion was seconded by bell Foster and recorded as follows: AYE: Ramey, Igarta, Foster NAY: Tapp The motion was approved 3 - -1, 9 Consider Approval of the Minutes of the March 26, 2002, Regular Meeting (Attac;hnient 47) This item was tab-led until the next board of Adjustmcnt meeting. 10. ADj0UI i4MEN'r - Joe gamey moved for a djournrnent, seconded by Jim Marta, A vote on the notion was recorded as ollo s: AYE: Ramey, l gait a, Tapp, Foster NAY. None 'The motion was approved 4 -0 and the meeting was adjourned at 7035 PM Chair Vice Chair Date ��