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HomeMy WebLinkAbout2002.02.26_Board of Adjustment MinutesThe meeting agenda was posted at the north entrance to City Hall on the lgth. day of cbruary 2002 at 11.00 AM. CALL TO OPIDER 2. ROLL CALL Consider Approval of the .Minutes of the Janwary 29, 2002 Special Meeting. Jim Igarta moved to approve the minutes of January 20, 2002. Ken Foster seconded. AYE: Ramey, Hall, lgarta, Foster NAY: None Iffic motion was approved 4-0. 4� O LL••02M03 - Ackart - A request for a Variance of the Owasso honing ;ode Chapter 4, Section 420.2, `Accessory Use Conditions" in residential districts, to allow for a carport and the encroachment of a carport into the front yard setback on property currently zoned. RS -3 (residential Single - Family, high Density) the subject property is described as Lot 16, Block 2, Wilawood and is located at 403 E. Yd place. (Ward 4) Donna presented the item and described the location. She explained to the Members that many of the homes in this area have converted garages into living spaces and as a result have no covered parking. The structure is prefabricated metal and not enclosed. The carport has been constructed and does not encroach on the sides or in the front yard. Legal advertisement was published in the Owasso Reporter and letters were mailed to surrounding property owners. Mrs. Shirley Ackart, the applicant, was present. Mr. Foster asked when the carport had been installed. Mrs. Ackar°t explained that she had made a down payment and then found out she was required to apply for a variance request. She also stated that her down payment would be lost if not installed within 30 days, so she had them install the carport prior to this meeting. lien Foster moved to approve the request, Jim Igarta seconded the motion. A vote on the motion was recorded as follows: AYE: Ramey, Hall, lgarta, Foster NAY: None The motion was approved 4-0. BOARD OF ADJUSTMENT February 26, 2002 Page 2of6 6 O OA 02-04 Allison Andreph — A request for review of a Special Exception to the Owasso Zoning Code Chapter 109 Section 1002 "Areawide Special Exception Uses" to allow for alion- Permanent Vendor in a CS (Commercial Shopping) district, The proposed location is within the Reasor's parking lot at 11815 E 86 "' Street, N, (Ward 3) Donna presented the case to the Members and described the proposed tent location. She stated that the applicant last appeared before the hoard of Adjustment in 1=, ebruary 2001 and appeared the three years prior with similar requests. Legal notification was published in the Owasso Reporter and letters were mailed to surrounding property owners. No comments have been received.. 'The applicant was present to address concerns, Staff recommends approval of ODOA -02n04, subject to the following conditions: I , The tent 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. I The tent and /or sales operations shall riot obstruct the adjacent: drive aisle behind the first row of parking stalls. 3. Signage relating to the specific use shall be limited to that which is affixed to the tens. 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. 6. The facility shall be dismantled and removed by the last day of October, 2002. A representative from Drug Mart was present to voice concerns with the overflow parking problem due to Reasor's customers being having to use the Drug Mail lot. I] e stated that several customers complained about the full parking lot last year. Ms. Andreoli, the applicant, stated that she didn't realize that there was a parking problem at Drug Mart, it might have possibly been because of the construction at Reasor's last summer. Vicki 'Tapp suggested the complaint be taken up with Reasor's. She asked if the City could send a letter to the Reasor's Manager, making them aware of the possible problem. Jim Igarta moved to approve the Special Exception request subject to the above staff recommendations. Also, subject to a letter being sent to Reasor's stating that this request will be denied next year if there is an overflow parking problem for Drug Dart. David Ball seconded the motion, the vote on the motion was recorded as follows: AYE: Ramey, Hall, Igarta, Foster, Tapp NAY: None The motion was approved 5 -0, BOARD OF ADJUSTMENT February 26, 2002 Page 3 of 6 6e OB A-02 -0 -vital Homes -- A request for a Special Exception of the Owasso Zoning Code Chapter 10, Section 1002.:3, "Areatvide Special Use Exceptions" to allow for a sales trailer in a "S-- 2 /..PUD zoning district. The subject property is described. as Lot 3, Block 1, Preston fakes and is located at 14906 E 87 "' Street N. (Ward 3) Denim presented the case to the Members and described the surrounding property. 'fhe sales trailer was located on the property in January 2002 after an agreement with staff that the trailer could be delivered and used until this application could be processed. The length of this use, if approved, would be two years in the same location. 1_,egal notification was published in the Owasso Reporter and letters were mailed to Surrounding property owners. Staff received no calls concerning this request. Staff" recommends approval of BOA- -02-05 subject to the termination date of January 31, 2004. Mr. Stuart Gallagher, the applicant, was present. Mr. Gallagher explained that upon a final inspection of the niodel home, the sales trailer would_ be removed. Jim lgarta moved to approve the special Exception request subject to the termination date of January 31, 2004, David Hall seconded the motion. A vote on. the :notion was recorded as follows. AYE: Rarney, Hall, lgarta, Foster, Tapp NAY: None The motion was approved 5-0. T BOA -02-06 — NaIncy Wood -- A request for a review of a Special Exception to the Owasso Zoning Code Chapter 10, Section 1002 "Areawide Special Exception Uses" to allow for a Non- Permanent Vendor in a OS (Commercial Shopping) district. The proposed location is within the 12easor's parking lot at 11815 E 86"' Street N. (Ward 3) Donna presented the case and described the property location. The applicant appeared before the Board of Adjustment in February 2001 and appeared the two years prior with similar requests. Snow cone sales would be conducted at this location. Legal notification was published in the Owasso Reporter and letters were mailed to surrounding property owners. No comments have been received, The applicant was present. Staff recommends approval of O13OA- 02 -04. subject to the following conditions: 1. The trailer 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 trailer and /or sales operations shall not obstruct the adjacent drive aisle behind the first row of parking stalls. 3. Signage relating to the specific use shall be limited to that which is affixed to the trailer 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. BOARD OF ADJUSTMENT February 26, 2002 Page 4 of 6 6. The facility shall be dismantled and removed by the last day of October, 2002. The representative for Drug Mart stated he would like the same stipulation as OBOAa02- 04, which was to contact the Reasor's Manager by letter explaining the overflow parking problem at Drug Mart. Also, that this request will be denied next year if there is a ;problem for Drug Mart, Ken Foster moved. to approve the Special Exception request subject to the above staff` recommendations. Also, subject to the Reasor's More Manager being contacted by the City of Owasso, explaining the problem with the overflow parking in the Drug Dart lot, Vicki Tapp seconded the motion. A vote on the motion was recorded as follows: AYE: Ramey, Hall, lgaxta, Foster, Tapp NAY None The motion was approved 5-0. 8. l r 02-0°7 m 1 rn 4 � -- A request for review of a variance to the Owasso Zoning Code Chapter 10, Section 1021 "Business Signs and Outdoor Advertising" to allow for a 30 square foot increase over the maximum allowable 150 square feet. The subject property is located north of E, 86 "' Street N. and east of the Owasso Expressway and is zoned CS (Commercial Shopping). (Ward 3) Donna presented the item and described the location. The applicant is requesting a variance to allow for a unified center sign, which is proposed to be 30 square feet above the maximum allowable size for 150 square feet. The proposed sign will provide unified ground - mounted signage for the center. Legal notification was published in the Owasso Reporter and letters of notification were mailed to surrounding property owners. Mr. Bruce Anderson, a representative from AMAX Signs, was present to address concerns. Staff recommends approval of OEOA- 02 -07. Ken Foster moved to approve the variance request to allow for a 180 square foot unified center sign. Joe Ramey seconded the motion and a vote on the motion was recorded as follows: AYE: Ramey, Mall, Igarta, Foster, Tapp NAY: None The motion was approved 5 -0. OBOA -02-08 — Tires Miller — A request for review of a Variance to the Owasso Zoning Code Chapter 4, Section 430.1 `Bulk and Area Requirements in Residential Districts" to allow for the reversal of a previous Board of Adjustment requirement that a dwelling on the subject property be oriented to the west on property currently zoned RS-2 (Residential BOARD OF ADJUSTMENT February 26, 2002 Page 5 of 6 Single- Family, Medium .Density). (Ward 1) Donna presented the case and reviewed the case history. On August 1, 2000, the Board of Adjustment approved a variance request to reduce all front yard setbacks within Camden Park 11, from the required 30' to 25. Several residents of Windsor Lake 11 were present to voice their concerns. These residents are concerned with the aesthetic consequences of allowin€ the reduction of the setback ire terms of the inconsistency of dwelling; alignments, A consensus was reached with the rrrodification of the 1.5' setback along N. 134`1 E. Avenue to a 25' setback along with a stipulation by the developer that the dwelling; built on Lot 1, Block 5, Camden Park 11 would be oriented to the west. Mr. Tim Tiller, the applicant, is requesting the Board Members to reverse this requirement that the dwelling on Lot 1, Block 5, Camden Park 11 be oriented to the west so it may face south. Staff recommends denial of OBOA -02 -0&. Mr. Miller, the applicant, was present and requested to be recognized by the Board, Mr. Miller stated that he purchased the lot from Boos Builders who purchased the lot from Tr, Noble Sokolosky. He explained that lie was never told of the Board's requirement to orient the house rarest. Mr. Stan lull, a resident of Windsor Lake 11, explained to the Board Members that he would like to maintain the integrity of the neighborhood. He also feels that his house would become less valuable if the house is faced to the south. After additional discussion, Vicki Tapp moved to decry the Variance request, Jim Igarta seconded the motion and a vote on the motion was recorded as followsv AYE: 1garta, Foster, Tapp NAY: Ramey, Hall The motion carried 3 -_2 and the request for a Variance was denied. 10o ADJOURNMENT - Jim. Igarta moved for adjournment, seconded by Joe Ramey. A vote on the motion was recorded as follows: AYE: Ramey, Mall, Igarta, Foster, 'Tapp NAY: None The motion was approved 5 -0 and the meeting was adjourned at 7:20 PM. Mice Chair Date