HomeMy WebLinkAbout2015.03.24_Board of Adjustment AgendaPUBLIC NOTICE OF THE MEETING OF THE
OWASSO BOARD OF ADJUSTMENT
TYPE OF MEETING: Regular RECEIVED
DATE: March 24, 2015 MAR
TIME: 6:00 PM 7015
PLACE: Old Central, 109 North Birch City Clerl<'g
NOTICE FILED BY: Marsha Hensley Ce
TITLE: Assistant City Planner
Filed in the office of the Owasso City Clerk and posted at the north entrance to City Hall at 3:00 PM
on the 201" day of March, 2015.
Marsha Hensley, Assistant City Pla er
OWASSO BOARD OF ADJUSTMENT
Tuesday, March 24, 2015, 6:00 PM
Old Central, 109 N. Birch
AGENDA
Call to Order
2. Roll Call
3. Approval of Minutes from the December 23, 2014 Regular Meeting.
BOARD OF ADJUSTMENT PUBLIC HEARING
4. OBOA 15 -01— Special Exception Request - Consideration and appropriate action related to
a request for approval of a special exception to allow for a non - permanent snow cone vendor
in a commercial general zoning district. The subject property is located at 11308 North
Garnett Road (Lot 17, Block 5, Hale Acres).
New Business (New Business is any item of business which could not have been foreseen at
the time of posting of the agenda)
Adjournment
The CitAxW, out Limits.
SUBJECT:
Special Exception Request
TO:
Owasso Board of Adjustment
FROM:
Karl Fritschen
CG
Chief Urban and Long Range Planner
CASE:
OBOA 15 -01
DATE:
March 16, 2015
BACKGROUND:
The City of Owasso received a request for a Special Exception to allow for the placement of a
non - permanent use (shaved ice stand) on a developed lot located at 11308 N. Garnett Road. The
property is further described as Lot Seventeen (17), Block Five (5), Hale Acres Addition and contains
one structure occupied by Project Hope. The property is currently zoned Commercial General
(CG) and contains a hard surface parking lot. The applicant proposes to set up the snow cone
stand towards the front of the parking lot area.
SURROUNDING LAND USE:
Direction
Zoning
Use
Land Use Plan
Jurisdiction
North
CG
Commercial
Commercial
Owasso
South
CG
Commercial
Commercial
Owasso
East
CS
Commercial
Commercial
Owasso
West
CG
Undevelo ed
Commercial
Owasso
SUBJECT PROPERTY /PROJECT DATA:
Property Size
0.89 acres
Current Zoning
CG - Commercial General
Proposed Structure
Temporary Structure (Snow
Cone Stand
Lots /Blocks
N/A
Existing Land Use
Commercial /Office
Number of Reserve Areas
N/A
Within PUD?
No
Within Overlay District?
No
Current Zoning
CG
Water Provider
City of Owasso
Applicable Pa backs
N/A
Streets (public or private)
N/A
APPROVAL PROCESS
"The Board of Adjustment shall hold the public hearing and, upon the concurring vote of three
members, may grant the Special Exception after finding that the Special Exception will be in
harmony with the spirit and intent of the code, and will not be injurious to the neighborhood or
otherwise detrimental to the public welfare. Provided that the Board in granting a Special
Exception shall prescribe appropriate conditions and safeguards, and may require such
evidence and guarantee or bonds as it may deem necessary to enforce compliance with the
conditions attached." - Section 1480.4 Owasso Zoning Code.
ANALYSIS:
The applicant desires to place a shaved ice stand on the hard surface parking lot in front of an
existing structure currently occupied by Project Hope, a non - profit organization. The applicant
wishes for the shaved ice stand to be in operation during the warmer months of the year. A use
such as this is essentially a temporary non - conforming use placed on an existing conforming lot
and thus requires approval as a special exception from the Board of Adjustment according to
the Owasso Zoning Code.
Letters were mailed to all property owners within three - hundred (300) feet of the subject
property and the request was advertised in the Owasso Reporter. Staff received no objections
or comments concerning OBOA 15 -01.
The use occupying the building on the subject property is light in intensity and does not
generate a high parking demand. The building is patronized mostly during the weekday
daytime hours, whereas the proposed snow cone stand will be patronized, more in the evenings
and weekends. Given this, potential conflicts between patrons of the permanent structure and
the shaved ice stand should be minimal. However, the property is zoned CG, which does allow
for higher intensity uses, that in the future may generate a higher parking demand. Should the
Project Hope business move out and the building be occupied by a more intense commercial
user, parking and circulation conflicts may arise, as the parking lot is not that large This should
be considered by the Board and the applicant regarding operation of the shaved ice stand.
Beyond that, staff has concluded that the shaved ice stand will not impact public safety and
the welfare of the community under the current conditions.
RECOMMENDATION:
Staff recommends approval of OBOA 15 -01, subject to the following conditions:
1. Any proposed signage shall be reviewed by the Community Development Department
to ensure the strict adherence to the Owasso Sign Code.
2. The applicant must provide on -site trash receptacles.
3. The City inspector shall inspect any temporary electrical meter installed on the site.
4. Approval to operate at this location for the next three (3) seasons. However, should a
more intense user occupy the existing permanent structure, resulting in parking conflicts,
then the term shall be void and a subsequent application required,
ATTACHMENTS:
1. Area Map
2. Aerial Map
3. Site °Location
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