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HomeMy WebLinkAbout2016.02.23_Board of Adjustment AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO BOARD OF ADJUSTMENT TYPE OF MEETING: DATE: TIME: PLACE: Regular February 23, 2016 6:00 PM Old Central, 109 North Birch NOTICE FILED BY: Marsha Hensley TITLE: Assistant City Planner RECEIVED FEB 1 1 i6 Pil City Clerk's Office Filed in the office of the Owasso City Clerk and posted at the north entrance to City Hall at 1:00 PM on the 18`x' day of February, 2016. mot%„ Marsha Hensley, Assistant City Plai ner OWASSO BOARD OF ADJUSTMENT Tuesday, February 23, 2016, 6:00 PM Old Central, 109 N. Birch AGENDA Call to Order 2. Roll Call 3. Approval of Minutes from the December 14, 2015 Regular Meeting. BOARD OF ADJUSTMENT PUBLIC HEARING 4. OBOA 16 -01— Special Exception Request - Consideration and appropriate action related to a request for approval of a special exception to allow for the construction of a carport over the existing driveway. The subject property is located at 10007 North 108 East Avenue (Lot 33, Block 3, El Rio Vista IV). New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 6. Adjournment NOTICE OF A HEARING BEFORE THE BOARD OF ADJUSTMENT OF THE CITY OF OWASSO, OKLAHOMA. Case Number OBOA -16 -01 Notice is hereby given that a public hearing will be held before the Owasso Board of Adjustment in the Owasso Old Central Building, 109 North Birch, Owasso, Oklahoma at 6:00 PM on the 23RD day of February, 2016. At that time and place the Owasso Board of Adjustment will consider a request for a Special Exception to ALLOW FOR THE CONSTRUCTION OF A CARPORT OVER THE EXISTING DRIVEWAY. The property is located at 10007 North 1081h East Avenue, Owasso, Oklahoma (Lot 33, Block 3, El Rio Vista M. All persons interested in the above mentioned matter are hereby notified to be present at the above mentioned time and place in order to present their arguments for or against same. Information and maps showing the property location may be inspected in the Community Development Department, 111 N. Main Street, Owasso, Oklahoma, 74055, or by calling 376 -1540. Dated at Owasso, Oklahoma, this 10`h Day of February 2016. Marsha Hensley Assistant City Planner V The City Wit out Li_m its. SUBJECT: OBOA 16 -01, Special Exception Request TO: Owasso Board of Adjustment FROM: Karl Fritschen Chief Urban and Long Range Planner DATE: February 19, 2016 BACKGROUND: The City of Owasso received a request for a Special Exception to allow for the construction of a carport over an existing driveway within the front -yard setback. The property is a single family residence located at 10007 N. 108th E. Ave. (Lot 33, Block 3, El Rio Vista IV). SURROUNDING LAND USE AND ZONING: Direction Zoning Use Land Use Plan Jurisdiction North RS -3 (Residential Residential Residential City of Within PUD? Single Family) Within Overlay District? No Owasso South RS -3 (Residential Residential Residential City of Single Family) Owasso East RS -3 (Residential Residential Residential City of Single Family) Owasso West RS -3 (Residential Residential Residential City of Single Family)Owasso SUBJECT PROPERTY /PROJECT DATA: Property Size 8652.09 SF Current Zoning RS -3 Residential Single Family) Proposed Structure Accessory Structure (Carport) Lots /Blocks N/A Number of Reserve Areas N/A Within PUD? No Within Overlay District? No Water Provider City of Owasso Applicable Pa backs N/A Streets (public or private) N/A RS -3 SETBACKS: Front 25' Rear 20' Side 5/5' 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 1280.3 Owasso Zoning Code. ANALYSIS: The applicant owns a house in the El Rio Vista IV addition and seeks to place a carport in the front yard of the lot. Carports are allowed in the City of Owasso by Special Exception requiring Board of Adjustment approval according to the Owasso Zoning Code; as such, the applicant brought this request for review. The applicant provided a sample of what the structure will look like as well as a site plan showing the car port location on the subject property. According to the drawing, the structure will be 24 feet long x 20 feet wide. The front yard setback in the RS -3 zoning district is shown on the recorded plat is 25 feet and the structure will encroach into the front setback. The structure would not encroach into any utility easements or block site lines. A freestanding carport is essentially an accessory structure to the main house, similar to a storage building. If a carport ties into the main house and is tied into the roofline, it becomes an extension of the main structure, which would create a situation where the building setback becomes an issue. According to the information provided by the applicant, the carport will tie into the fascia board, and guttering will be extended around the carport. Similar structures have been approved in other areas of the community where there are existing carports. After reviewing the site and surrounding area, staff found no other carports of similar style and construction as to what the applicant wishes to build. Research of the covenants of El Rio Vista IV indicates that there was an Architectural Review Board (ARB) established when the plat was filed in 1984 and that outbuildings and the like were to receive approval by the ARB. Information received from the Neighborhood Coordinator in the City, indicated there is not a functioning HOA or ARB in the neighborhood. If one was established, then it became defunct some time ago. While the City does not enforce restrictive covenants, it would not be prudent to potentially compromise them, whether an HOA or ARB currently exists or might in the future. 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 has received communications from area residents both for and against OBOA 16 -01. As with all requests, the Board should consider adjoining residents' concerns when making its decision. Considering the impacts to the general public, the construction of the carport appears it will not be detrimental to the public welfare as it will be entirely on the subject property, out of any possible site lines, will not encroach into the right -of -way, and does not impact utility easements. However, in this particular case there are other factors that should be considered carefully by the Board before making a final determination. RECOMMENDATION: Staff recommends approval of OBOA 16 -01 on the grounds that it does not appear to be injurious to the health, safety and welfare of the citizens, as there does not appear to be site line issues, impacts to public utilities, or encroachments into public rights -of -way. However, the Board should carefully weigh their decision after considering the information provided herein, concerns of nearby residents and whether it may compromise the neighborhood restrictive covenants. Staff recommends that no sides every be allowed to be attached to the carport, should the Board approve the request. ATTACHMENTS: 1. General Area Map 2. Aerial Photo 3. Plot Plan 4. Proposed Car Port Examples S. Copy of Legal Notice , , ` � o " m r � isZri, 0� 0 FL CL rL IZ co MO jw CD C' M' M t E2 7 U U CO N c E p U �O N 7 Y tti�•�..;..1 /l N C O i7 G O J N 4- V (0 O N G N V _R J. 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