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HomeMy WebLinkAbout1999.09.28_Board of Adjustment MinutesThe mccting agenda was posted in the Owasso City Hall, 70 7 S. Cedar on September 24, 1999 at 2.00 PM. l CAl_ L `ro ORDER Joe Ramey galled the meeting to order at 7;00 PM and declared a quorum present. 2. ROLL CALL 1 Consider Approval of the Minutes of July 27, 1999 Regular Meeting. Susan Kimball moved to approve the minutes of July 775 1999. Vicki Tapp seconded. A`S'E, Rainey, Tapp, Kimball NAY: None The motion carried. 3 -0 BOARJD OF ADJUSTMENT PUBLIC HEARING Theron Warlick explained that since there are only three Board Members present tonight, there would need to be a 3 -0 vote for the following items to pass. 41. OB A -99 -23 — A request from Edd Richards for a Special Exception of the Owasso Zoning Code, Chapter 6, section 610, "Principal Uses Permitted in Commercial Districts" to allow a Use Unit 15 "Other Trades and services" in a CS (Shopping Center) Zoning District. The applicant requests a Special Exception to allow the operation of a T- shirt printing business in an existing shopping center located at 708 N Main. Theron presented the item and described the location to the Members. He explained that the proposed printing shop is not a retail operation. This type of use would be restricted to a CCU (General Commercial) District or higher. However, the Board of Adjustment was given the power to grant Special Exceptions to allow for trades and services in CS Districts. Legal advertisement was published and letters were mailed to surrounding property owners within 300' of the request. Staff has received one call in support of the Special Exception. Mr. Edd Richards, the applicant was present to answer questions or concerns. Mr. Richards stated that this is an expansion for printing the shirts, it will not be a retail shop. Safe chemicals are used and the chemicals have no smell. Mr. Gary Plummer, an adjacent property owner, was present to express his concerns regarding the legal description published and the possible fire hazards relating to this type of business. He also stated that he did not know how the City could rezone his property and would like to postpone the hearing in order for him. to consult with his attorney regarding this matter. Theron explained that this is not a rezoning request and apologized for the notices having the wrong property description. He also suggested that we table this item BOARD OF ADJUSTMENT September 28, 1999 Page 2 of 4 and readvertise with the correct legal. Susan Kimball moved to table this item_ until the next meeting in order to readvertise with the correct legal description, Joe Ramey seconded the motion. The vote on the motion was as follows: AYE: Ramoy, Tapp, Kimball NAY: None The motion was approved 3 -0. 5. O OA- 99 -i4. - A request from Jerry :bolt for a variance of the Owasso Zoning Code Chapter 4, Residential District Provisions -- to allow an encroachment of 3 feet into the required front yard setback on property currently zoned RS -3 (Residential Single- Family High Density) Zoning; District. The subject site is located at 10802 E 118 St No. Theron presented the item. The request represents a rn.inor encroachment into the rewired front yard. The required setback was 55' from the centerline of the street, not the typical 50'. The request was advertised and no calls were received. The applicant was not present. 'Theron explained that if this item is denied the applicant would have a choice of taping the case to .District Court or tear down the portion that is encroaching, Joe Rainey moved to approve, the Variance, Vicki Tapp seconded the motion. The vote on the motion was as follows: AYE. Ramey, Tapp, Kimball NAY: None The motion was approved 3 -0. 6o O OA -99 ®19 - A request from Diana bean, applicant, for a Special Exception of the Owasso Zoning Code - Chapter 10, Section 1002 - Area Wide Special Exception uses to allow for a popcorn stand in a shopping center on property currently zoned CS (Shopping Center) Zoning District. The property is described as Lot 1, Block 1, Clark Plaza Addition and is located on the north side of E 86 "' Street N in the parking lot of Rcasor's Grocery, 11815 E 86 "' Street N, Owasso, Oklahoma. This request was denied at the July 27, 1999 meeting due to the applicant's failure to appear and answer questions. The applicant would like to address the Board and requests reconsideration. Theron Warlick presented the case. Theron explained that the facility is a trailer and will not remain on site for more than the weekend. Surrounding property owners have been notified and the legal advertisement was published.. The Community Development Department received no objections. This case was reviewed and tabled once and denied BOARD OF ADJUSTMENT ENT September 23, 1999 Page 3 of 4 the second time. Staff recommends approval of the request with the following conditions: 1. That the trailer be placed so that its operation does not obstruct driving aisles, I 'That sig page be limited to that which is affixed to the structure itself, 3, That a trash receptacle during the hours of business operation, 4 That the applicant obtain vendor license from the City Clerk's offices 5. 'chat the facility be removed from the site at the close of the sales season. Mr. Dean, the applicant, was present and wanted to address the Board Members. bers. Mr. Dean apologized for not being present at the last meeting, he explained there was a death in his family, He stated that he and his family live in Owasso, therefore the Reasor's location is very convenient. He will be in business on the weekends only. The location of the trailer was discussed briefly. The Members agreed that due to the high traffic volume it is necessary for Mr. Dean to beep the customers within the striped. area. Joe Rainey made a suggestion for approval of this request until the end of 1999, Joe Ramey moved to approve the Special Exception subject to the above staff recommendations acid the end of the sales season to be December 31, 1999. Vicki 'Tapp seconded the motion. ''he vote on the motion was as follows: AYE: Ramey, Tapp, Kimball NAY: None The motion was approved 3 - -0. 7. ADJ URNMEN't -- Joe Ramey moved for adjournment, seconded by Susan Kimball. The vote on the motion was as follows: AYE: Ramey, "Tapp, Kimball NAY: None The motion carried 3 -0 and the meeting was adjourned at 7:50 PM. Chair Date