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Home My WebLink About2016.03.22_Board of Adjustment AgendaPUBLIC NOTICE OF THE MEETING OF THE RECEIVED OWASSO BOARD OF ADJUSTME NT 1'ipR l t 2016 TYPE OF MEETING: Regular City Clerk's Office DATE: March 22, 2016 TIME: 5:15 PM PLACE: Old Central, 109 North Birch NOTICE FILED BY: Marsha Hensley TITLE: Assistant City Planner Filed in the office of the Owasso City Clerk and posted at the north entrance to City Hall at 9:00 AM on the 181h day of March, 2016. Marsha Hensley, Assistant City Planner OWASSO BOARD OF ADJUSTMENT Tuesday, March 22, 2016, 5:15 PM Old Central, 109 N. Birch AGENDA Call to Order 2. Roll Call Training 4. Approval of Minutes from the December 14, 2015 Special Meeting. 5. Approval of Minutes from the February 23, 2016 Regular Meeting. 6. Discussion of Appeal of OBOA 16 -01. BOARD OF ADJUSTMENT PUBLIC HEARING OBOA 16 -02 — Special Exception Request - Consideration and appropriate action related to a request for approval of a special exception to allow for the placement of a non- permanent vendor tent (sale of gardening accessories and plant materials) in a Commercial Shopping District. The subject property is located at 11815 E. 86a' St. N. (Clark Plaza Fourth, Lot 1, Block l). New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 9. Adjournment The City Wit out Limits. SUBJECT: OBOA 16 -02, Special Exception Request TO: Owasso Board of Adjustment FROM: Karl A. Fritschen, Chief Urban and Long Range Planner DATE: March 18, 2016 BACKGROUND: The City of Owasso received a request from Mr. John Teegarden for a Special Exception of the Owasso Zoning Code, to allow for the placement of a non - permanent vendor tent (sale of gardening accessories and plant materials) in a Commercial Shopping District. The subject property is located in the Reasors grocery store parking lot at 11815 E 86th St. N. (Clark Plaza Fourth, Lot 1, Block 1). SIZE OF LOT: 5.81 acres EXISTING LAND USE: Parking Lot for Commercial Retail Shopping Center SURROUNDING LAND USE: Direction Zonin_q Use Land Use Plan Jurisdiction North CS Commercial Commercial Owasso South CS Commercial Commercial Owasso East CS Commercial Commercial Owasso West CS Commercial Commercial Owasso SUBJECT PROPERTY /PROJECT DATA: Size 20 x 40 800 SF Current Zoning CS Commercial Shopping) Proposed Structure Garden Tent Lots /Blocks N/A Number of Reserve Areas N/A Within PUD? No Within Overlay District? US -169 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 1280.3 Owasso Zoning Code. ANALYSIS: The applicant desires to place a 20' x 40' plant and garden tent in the parking lot of Reasor's Grocery Store at 11815 E 86th St. N. 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. A similar tent operated at this same location for several years, but the former user moved to Tyann Plaza. Staff never received any complaints or heard of any issues regarding the former tent in this location. The flower tent will operate during the spring and summer months. There is ample room for customer parking on the lot to adequately serve the needs of this particular vendor as well as Reasors. There does not appear to be any impact to surrounding businesses or property owners or potential blockage of fire lanes or drive isles. Staff has concluded that the tent will not impact public safety, health or welfare of the community. Considering that a similar retail tent has operated here in the past with no issues reported, staff suggests the applicant be given three years to operate at this location. Letters were mailed to all property owners within three - hundred (300) feet of the subject property and the request was advertised in the Tulsa World. Staff received no objections concerning OBOA 16 -02. RECOMMENDATION: Staff recommends approval of OBOA 16 -02, subject to the following conditions: • All signage shall adhere to the Owasso Sign Code. • The applicant must provide on -site trash receptacles. • Approval to operate at this location for the next three (3) seasons, providing no applications for redevelopment or lot splits come forth on this property. Should either of these items occur then the term shall be void and subsequent applications required. ATTACHMENTS: 1. Area Map 2. Aerial Map 3. 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