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HomeMy WebLinkAbout1999.04.05_Board of Adjustment Minutes_Special MeetingY � The meeting agenda was posted in the Owasso City gall, 07 S, Cedar on April 1, 1999 at 15:00 PM,- 1i o (,,ALL '1`0 01U_) E -t ­ Joe 1� a rrtey called ll.e th €:e , meeting to order at 7: 00 PM a rid do chi -r€ d a, q orurn present. 2. ROL1, CALL 1 Consider Approval of the Minutes of February 23, 1 999 Regular Meeting, Vicki "app moved to approve she minutes of February 23, 1999, terry Duke seconded, AYE: Duke, Tapp, Ramey NAY: None 'The motion carried 3- BOARD OF ADJUSTMENT PUBLIC UEARdNG ;ferry Duke requested Item 116 to be presented first, 6m O.A-99-06 — A request from Files Jo Campbell for a Special Exception of the Owasso Zoning Code — Chapter 4., Section 420.2, Accessory Use Conditions in residential Districts, to allow for a carport on property currently ;coned RS-3 (residential Single -. Family High Density) zoning district. The subject property is located at 418 S Birch, further described as Lot 5, Block 1, Nadel addition. Joe Ramey moved to approve the Special Exception request subject to the above staff recommendations, which would be to install a roof on the carport that is comparable to the roof on the existing;, house, Vicki Tapp seconded the motion, AYE: Duke, Tapp, Raney NAY: None The motion was approved 3 -0. BOARD OF ADJUSTMENT April 5, 1999 Page 2 of 6 4 Q -99-04 -- A. request from Nancy Wood for a Special Except-ion of the Owasso Zoning Code -- Chapter 10, Section :1002, to allow fbr a non-permanent accessory vendor on property currently zoned CS (Commercial Shopping Center) Zoning, District, The property is described as Lot 1, Block 1, Clary plaza Fourth Addition, farther described as property can the north side of l{, 6"' Street North, east o1-'the Owasso Expressway. The applicant requests permission to operate a refreshment stand in the pa-&ing lot of Rc;asor's grocery, 1.:x.81 5 E 6 "' Street N, Theron presented the case, There were no concerns regarding this request from business owners. Surrounding property owners were notified and Community Development received no calls objecting the request was received. Staff reviewed the proposed location of this vendor and recommends the following: 10 That the stand be placed within the first roar of parking stalls along E 86" Street No and that the stand and /or operations not encroach into the adjacent aisle, y. Sil na e be limited to that which is affixed xed to the structure itself, 3, A trash receptacle during the hours of business operation, 4, Obtain. vendor license from the City Clerk's office, 5, That the facility be removed from the site at the close of the sales scason which is October 1, 1999, The applicants, Tim. and Nancy Wood was present to answer questions or address any concerns. Mrs Woad stated that his business has been there for four summers and every year he meets with the Reasor's manager to make sure the building is placed in the correct place, ,Jerry Duke moved to approve the Special Exception rearrest subject to the above staff recommendations, Vicki Tapp seconded the motion, AYE: Duke, Tapp, Ramey NAY: None The motion was approved 3-0. Theron Warlick presented the item He described the location and reviewed the staff BOARD OF ADJUSTMENT April 5, 1999 Magri 3 of recommendations with the Board Members. Those recommendations are as follows: 1° That the tent he erected within the first row of parking stalls along E 86'11 Street N and. that the tent and sales operations not encroach into the adjacent aisle. 2 S_i na e be limited to that which is affixed to the structure itself, l: 'trash receptacle during the :.ours of business operation, 4 Obtain vendor license from the C'J ty ;"lea °la's office, 5 That the facility be dismantled and removed f om the site at the close of the .gales season which will be October `l, 1999. Ms. Bennett was present to answer any concerns or questions regarding her request. She stated that she feels with the residential growth of Owasso her business of selling bedding plants is needed, She also stated that she does not set up fall merchandise because Mr, Worley does, Ms. Bennett explained that she has been at this location for five seasons and has not had any complaints. Ms. Jean Barchen er, owner of Nellie's Flower, was present to express her opposition, n, s, Bars henger feels that it is unfair that Owasso business owners pay property taxes and the accessory vendors do not° ale-Ty burl had questions regarding whether the tent in the Wal Mart parking lot would need to receive a special exception, Theron explained that since; `dal _Mart owned the parking lot they would not need to go before the Board of Adjustment, Joe Ramey proved to approve the Special Exception request subject to the above staff recommendations, Vicki Tapp seconded the motion, AYE: Dale, Tapp, Ramey NAY: None The motion was approved 3 -a0, BOARD OF ADJUSTMENT April 5, 1.999 Page 4 of 6 Vicki Tapp questioned Mr. Huc;ke as to why he did not appear at the last year's Board of Adjustment meeting and why the nonNpermarrent building was not removed from the Warehouse Market parking lot as stated in the requirements in the March 24, 1998 , minutes, He state that he was out of :�: rowwr on spring break_ vacation with his wife and 9 s a children and could not attend the cneeti: g. did not understand that he was to renrov <e the building at the end of the season and the building wil.l be remove after this season, er, fl c;ke also stated. that over the past two years that he has been in business he has not received any complaints. e:s. Talrp stated that it is the applicant's responsibility to find out the stipulations of°a Special Exception approval, he should have called the City to find out the terrrrs of arse. She also state. that she feels one Hawaiian Shave. Ice stand .s enough in Owasso. es. Tapp is afraid that temporary vendors will increase and feels there needs to be a limit. The Board has not heard any opposition. regarding the stand in the Reasor's parking lot but there has been several from the business owners Surrounding the Cornerstone Shopping tenter, She questioned ere Hucke if maybe another location such as the field to the east of Larry's Chicken that we could agree apora or maybe a location on 76"' Street North, Mr. Huclz..:e addressed the Members arid stated that f6els he should not be decried, If there is only one in the Owasso area, how do you decide which one is approved? He feels drat it is a very weak excuse to deny my request and one Hawaiian Shaved Ice stand is not enough in the Owasso area, If you deny acre you should deny all the shaved ice vendors. He also stated that he does not like the Larry's Chicken location, it is not as close to his resident as the Cornerstone lot, There shoed not be a problem selling this product on the northeast corner of the lot, he is not in competition with Mr. Spencer because Mr. Spencer does not sell shaved ice, There will be a large hardship on the family if this request is decried. The motion was decried 2 -10 Mr. Hucke was very upset and upon his departure he stated to the Board of Adjustment Members that they have not heard the last of this! 8. ® ®Am99 -08 -- A request from David Bell for a Special. Exception of the Owasso Zoning BOARD OF ADJUSTMENT April 5, 1999 Page 5 of 6 Code — Chapter 10, Section 1002, to alloy for a non-permanent accessory vendor on property currently zoned C (General Commercial) Zoning District. `fhe property is described as l_,ot ", Block l., Elm Creek Commercial Addition, further described as property on the south side of E 86"' Street N, east of N 123rd E Avenue. The applicant requests permission. to sell potted. flowers at a produce stand located in the parking; lot of the Cornerstone Shopping Center. Theron Warlick presented the case, fie stated that the applicant thought abort erecting a .' fence around the terra in order to rr;ir_ e, his insurance, But the applica t has 'Co- d another insurance company that doe.: not require a fence around the property, "rb.e applicant Mated that if there were a problem with vandalism he would be willing to put the sides of the tent in place. The staff recommendations were reviewed. Those recommendations are as follows: I , Signage be limited to that which is affixed to the structure itself, 2, L'S trash receptacle is provided during the hours of business operation., I The applicant obtain vendor license _1_i.-om the City Clerk's office, 4 That the facility be rernoved born the site at the site at the close of the sales season which is October :1., 1. 999. `> The site be monitored by the Community Development Department and address any complaints. The coraplaints need to be in writing, There were several surrounding business owners present to oppose this request, Ms. Jean arc;hen er, owner of Nellie's Flower, was present to oppose, She Mated that placing the tern on the west end of the property would be better, businesses world not be blocked. She also questioned if someone world be in the teat area 24 hours a day because of the vandalism, She does not want hanging baskets sold in the temporary business, but does not have a problem with bedding plants. [bra Melvin Spencer, owner of Spencer's Short Stop was present to oppose. He stated that 86 "' Street North has turned into lain Street and does not think it looks appropriate to have tents up and down it. Mr. Spencer has had a lot of restroona traffic from the teat employees and wishes they would do something about this problem. He feels temporary businesses effect the businesses that are here all year around. The owner of Butterfly Jewelry, Mr. Joe Guilfoyle, opposes the request because it obstructs his business front and also does not like the garden hoses all over the parking lot. Vicki Tapp suggestion the Cornerstone Shopping Center vendors to loop for a different location next year. BOARD OF ADJUSTMENT April 5, 1999 Page 6 of 6 Joe Ramey moved to approve the Special Exception, subject to staff recommendations and to have an arrangement for sufficient restroom facilities for the employees. There were no seconds for this otior).o Jerry Duke made a motion to recess !66-r 1.0 :. -ni sites, Vicki '=t.`app seeor-ided. the motion. 'l:`he meeting was called. back to order <d. :30 PM. Joe Rainey moved to approve the Special. EXeept 0D. subject to the conditions and recommendations of staff and to have an arrangement made for sufficient restrc orn facilities for the employees, Jerry Duke moved to approve the Special. Exception request, Joe Ramey seconded the motion. AYE: Ramey, Duke, Tapp NAY: None The motion n was approved. 3-0, 9� ADJOURNMENT -- Joe Ramey moved. for adjour nment, seconded by V_cki'fappo A E-: Duke, Tapp., R.a _ -tey NAY: None The motion carried 3 -0 and the meeting was adjour e d at 8:45 pal. Chair a Date