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HomeMy WebLinkAbout2016.02.23_Board of Adjustment MinutesMEMBERS PRESENT Sherry Jacobs Jim Bausch (in at 6:04pm) Dean Knoten Abhijeet Utturkar Joe Ramey OWASSO BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING Tuesday, February 23, 2016 Old Central, 109 North Birch MEMBERS ABSENT STAFF PRESENT Karl Fritschen Bronce Stephenson Kyler Hallmark Marsha Hensley Julie Lombardi The meeting agenda was posted at the north entrance to City Hall on the 18th day of February, 2016 at 1:00 PM. CALL TO ORDER 2. ROLL CALL 3. Approval of Minutes from the December 14, 2015 Regular Meeting - Joe Ramey moved to approve the minutes of December 14, 2015 meeting, Dean Knoten seconded the motion to approve the minutes. AYE: Knoten, Ramey NAY: None ABSTAIN: Jacobs, Utturkar The motion for approval of the December 14, 2015 minutes was denied 2 -0 -2, with 2 abstained. 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 108th East Avenue (Lot 33, Block 3, El Rio Vista IV). Karl Fritschen presented the item and described the property location. The applicant seeks to place a carport in the front yard of the lot. The structure would not encroach into any utility easements or block site lines. After reviewing the site, staff found no other carports as to what the applicant wishes to build. Letters were mailed to property owners within 300' of the subject property and the request was advertised in the Owasso Reporter. Staff has received communications from area residents both for and against this request. 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 BOARD OF ADJUSTMENT February 23, 2016 Page 2 of 3 compromise the neighborhood restrictive covenants. Staff recommends that no sides be allowed to be attached to the carport, should the Board approve the request. The applicant requested to speak to the Board. He stated that he decided upon a builder that makes a carport look like the house. It will compliment the house. The house will be painted to match the carport. This carport would protect our vehicles and allow him to do his woodworking in the garage. Jim Bausch questioned why he could not park in the garage. The applicant stated that he kept his woodworking tools in there. The following are comments /concerns made by several surrounding property owners: Cindi Gwartney — 10006 North 108 E Ave — Lives across the street. There are no other carports in El Rio Vista. Does not want this to lessen her property value. Chris Coager — 9715 North 112 East Ave — The covenants indicates that there was an Architectural Review Board (ARB) established when the plat was filed and the outbuildings were to receive approval by the ARB. There is not a functioning HOA or ARB in the subdivision. Each individual has a legal standing to argue this request. The Board might approve this request, but the applicant could be sued. Roy Daniels — 10001 North 108 East Ave — Does not have a problem with the carport, but this might set precedence. Does not want this to lessen his property value. After discussion, Joe Ramey moved to approve the special exception subject to the above staff recommendation. Dean Knoten seconded the motion to approve OBOA 16 -01. A vote on the motion was recorded as follows: AYE: Knoten, Ramey, Jacobs NAY: Bausch, Utturkar The motion carried 3 -2 5. 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 — Dean Knoten moved for adjournment, seconded by Joe Ramey. A vote on the motion was recorded as follows: AYE: Bausch, Knoten, Ramey, Jacobs, Utturkar NAY: None The motion was approved 5 -0 and the meeting was adjourned at 6:40 PM. BOARD OF ADJUSTMENT February 23, 2016 Page 3 of 3 Chair Vice Chai Date