HomeMy WebLinkAbout2016.05.24_Board of Adjustment AgendaPUBLIC NOTICE OF THE MEETING OF THE
OWASSO BOARD OF ADJUSTMENT
TYPE OF MEETING: Regular RECEIVED
DATE: May 24, 2016 MAY 1 z; 201
TIME: 6:00 PM
PLACE: Old Central, 109 North Birch City Cift's Office
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 11:00
AM on the 18'x' day of May, 2016.
Marsha Hensley, Assistant City Plann
OWASSO BOARD OF ADJUSTMENT
Tuesday, May 24, 2016, 6:00 PM
Old Central, 109 N. Birch
AGENDA
1. Call to Order
2. Roll Call
3. Approval of Minutes from the March 22, 2016 Regular Meeting.
BOARD OF ADJUSTMENT PUBLIC HEARING
4. OBOA 16 -04 — Special Exception Request - Consideration and appropriate action related to
a request for approval of a special exception to allow a carport over the existing driveway.
The subject property is located at 1101 North Cedar St., Owasso, OK. (Lot 1, Block 3,
Smithview Addition). The property is zoned RS -3 (Residential Single Family).
5. Report from Community Development Director
6. Report fiom Board of Adjustment Members
7. New Business (New Business is any item of business which could not have been foreseen at
the time of posting of the agenda)
Adjournment
NOTICE OF A HEARING BEFORE THE BOARD OF
ADJUSTMENT OF THE CITY OF OWASSO,
OKLAHOMA.
Case Number OBOA -16 -04
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 2e day of May, 2016. At that time and
place the Owasso Board of Adjustment will consider a
request for a Special Exception to ALLOW FOR A
CARPORT OVER THE EXISTING DRIVEWAY. The
property is located at 1101 N Cedar St, Owasso, Oklahoma
(Lot 1, Block 3, Smithview Addition). The subject
property is zoned RS -3.
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 5`h Day of May 2016.
Marsha Hensley
Assistant City Planner
T Wt o Limits.
SUBJECT:
OBOA 16 -04, Special Exception Request
TO:
Owasso Board of Adjustment
FROM:
Karl Fritschen
CS (Commercial)
Chief Urban and Long Range Planner
DATE:
May 24, 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 111 N. Cedar (Lot 1, Block 3, Smithview Addition).
SURROUNDING LAND USE AND ZONING:
Direction
Zoning
Use
Land Use Plan
Jurisdiction
North
CS (Commercial)
Church
Residential
City of
Within PUD?
No
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
14,694 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
A Iicable Pa backs'
N/A
Streets ( ublic or rivate) °
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 Smithview addition at 1101 N. Cedar St. addition and has
inadvertently placed a carport in the front yard of the lot, prior to gaining approval from the
Board. According to the applicant, she was not aware that carports required approval from the
Board of Adjustment. This issue was brought to our attention by a nearby resident who called
the City to ask about the requirements. The City's Code Enforcement Officer was dispatched to
investigate and discovered that indeed a carport had been erected on the property. Staff
immediately contacted the applicant and informed her of the proper procedure for
construction of a carport in the front setback. 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.
Staff visited the site and took measurements of the carport and how for it sets back from the
street right -of -way. Site observations and measurements revealed at its closest point the carport
sets back from the right -of -way 6' 6 ". The carport itself measures 24 feet long by 22 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 and it appears the structure would not encroach
into any utility easements or block site lines. Regarding the property itself, the main house has
no garage. There is one detached garage on the property that has access off 86th St. N., but
with a very shallow driveway. A carport would be infeasible and unsafe in this location. An
existing eight foot (8') fence runs along the property's north boundary adjacent to 86th St. N.,
which serves to block much of the view of the carport from the north.
A freestanding carport is essentially an accessory structure to the main house, similar to a
storage building. This particular carport is of a design that does not tie into the main structure of
the home, but rather it is freestanding and moveable (but is anchored in the ground). However,
it is still an accessory structure placed in the front setback and as such needs to similar approval
as if it were attached to the home. Similar structures are present on other properties in the
immediate vicinity of the subject property.
After reviewing the site and surrounding area, staff found other carports of similar style and
construction as to what the applicant has placed on the property. Research revealed there is
not a functioning Home Owners Association or Architectural Review Board in the neighborhood
controlling architecture or outbuildings. While the City does not enforce restrictive covenants, it
is still important information for the Board's consideration.
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. Other than the citizen who
contacted staff initially, staff has received no other comments regarding this case. 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 not to
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.
Numerous carports exist throughout this part of town; some are on the side of the property others
are in the front. In this situation, the applicant has no functional garage on their property. The
detached garage that was grandfathered in when 86th St, N. was widened is essentially best
used for storage due to short driveway access from 86th St. N.
A mobile carport of this type may be placed in side or rear yard, so long as it sets back 5 feet
from the property line. At first glance it appears the carport could be placed on the north side
of the home in the side yard. However, subsequent analysis indicates that this may not work
and the carport itself may overhang into the 5 foot area anywhere from one (1) to two (2) feet.
It is impossible to tell with certainty without a detailed survey of the property. The presence of a
chimney on the north face of the house adds a least two (2) more feet to the width of carport.
Whenever 86th Street North was widened, the property owner lost use of some of the side yard,
as additional right -of -way was needed for the widening project. As with any case, the Board
should weigh its decision on the facts presented herein and any testimony provided by the
applicant or neighbors.
RECOMMENDATION:
Staff recommends approval of OBOA 16 -04 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
and the concerns of nearby residents.
ATTACHMENTS:
1. Area Map with Zoning
2. Aerial Photo with Carport Location
3. Plat
4. Carport Photos
5. Aerial Photo Showing Carport in Sideyard
6. Copy of Legal Notice
� t' W17STN
CG
e ,z
6 ti m
w
Z W 16 ST M RS -3 E_16 ST N W AG
LL=
Z
- -• d'
Q
y RD o� Z
0
m E 14 -STS Z
62s -3 AG
AG CG E_14 =ST j
a ®L i
vxi RM-1 ipJ�'�
z 0
— E87_ST_N� �
CG
CG CS w �
2 .Z
W 1:2fh -S_T_N E 12th-ST N E�8:6:theST N
CS — e_tlls I s i
W= 1.1FS.r -s oL Subject Tract 16 CSC
W10STS ,y = O ti
16
y Z y
Z � Z
� wss7s z a�
r~n ]S-3-2
Z_W8STS ¢ y ESSTS
2
� CG
LOU
Z U
JAG E7STS z
CS AG
ti y
2 Q _
W "7ST-S Z
LEGEND
E 6 ST S , Owasso Corporate Limits
W
2
0,11 Subject 0 100 200 400
300' Rad/us 1L. Tract OBOA 16 -04 1 1 Feet 1 i 3021-14
a
0
1 >
LO s
4 to
c
Q
U
cl
4-J
4
e
x�
i
Chi { x'
_ � N
i
F °
N
11 4wF
s
Y
t
F�
z
x /-n
#
4�
h'
i
7 I
Aft
5 «lS
J
y
22
d\
� � \
� � 2
� � <
� b «
� � \
� d -
��� \
` � }
� }23
y � <
( /
{ d
\�� \
W
.A