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Home My WebLink About2013.02.26_Board of Adjustment AgendaG%'V' OF OWggsO FND OF E Ra�� February 26, 2013 6:00 PM PUBLIC NOTICE OF THE MEETING OF THE OWASSO BOARD OF ADJUSTMENT TYPE OF MEETING: DATE: TIME: PLACE: NOTICE FILED BY: TITLE: Regular February 26, 2013 6:00 PM Old Central, 109 North Birch Marsha Hensley Assistant City Planner Filed in the office of the Owasso City Clerk and posted at the north entrance to City Hall at 2:00 PM on the 21" day of February, 2013. Marsha Hensley, Assistant Cit54PIanner OWASSO BOARD OF ADJUSTMENT Tuesday, February 26, 2013, 6:00 PM Old Central, 109 N. Birch AGENDA 1. Call to Order 2. Roll Call 3. Approval of Minutes from the November 27, 2012 Regular Meeting. BOARD OF ADJUSTMENT PUBLIC HEARING 4. OBOA 13 -01 — Variance - Consideration and appropriate action related to a request for approval of a variance to allow the reduction of the required 25' front yard setback to 24.1'. The property is located at 14005 East 87 °i Terrace North (Lot 32, Block 3,The Bradfords at Silver Creek), Owasso, Oklahoma. OBOA 13 -02 — Special Exception — Consideration and appropriate action related to a request for approval of a special exception to allow a non - permanent use (flower tent) on property zoned CS (Commercial Shopping District). The property is located within the Tyann Plaza Development located at 9455 North Owasso Expressway, Owasso, Oklahoma. 6. Other Business Adjournment MEMBERS PRESENT David Hall Jim Bausch Sherry Jacobs Dean Knoten OWASSO BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING Tuesday, November 27, 2012 Old Central, 109 North Birch MEMBERS ABSENT Joe Ramey STAFF PRESENT Bronce Stephenson Marsha Hensley The meeting agenda was posted at the north entrance to City Hall on the 20 °i day of November, 2012 at 2:00 PM. CALL TO ORDER 2. ROLL CALL Bronce introduced the newly appointed member Mr. Dean Knoten. 3. Approval of Minutes from the June 26, 2012 Regular Meetin¢ —David Hall moved to approve the minutes of June 26, 2012 regular meeting, Sherry Jacobs seconded the motion to approve the minutes. AYE: Bausch, Jacobs, Hall, Knoten NAY: None The motion carried 4 -0. 4. OBOA -12 -05 — Simmons Homes — Consideration and appropriate action related to a request for approval of a variance to allow an encroachment of 1.9' into the required 5' side yard setback. The property is located at 10700 North 153rd East Avenue. Jim Bausch presented the item and Bronce reviewed the staff report. 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 not received any objections. The applicant was present to answer any questions. David Hall moved to approve the variance, Sherry Jacobs seconded the motion. A vote on the motion was recorded as follows: AYE: Bausch, Jacobs, Hall, Knoten NAY: None The motion was approved 4 -0. Other Business 6. ADJOURNMENT — David Hall moved for adjournment, seconded by Sherry Jacobs. A BOARD OF ADJUSTMENT November 27, 2012 Page 2 of 2 vote on the motion was recorded as follows: AYE: Bausch, Jacobs, Hall, Knoten NAY: None The motion was approved 4 -0 and the meeting was adjourned at 6:12 PM. Chair Vice Chair Date Sd The City Wirrout Limits. SUBJECT: Board of Adjustment Variance Request TO: Owasso Board of Adjustment FROM: Bronce L. Stephenson City Planner CASE: OBOA 13 -01, Variance for front yard setback DATE: February 26, 2013 BACKGROUND: The City of Owasso received a request for a Variance to allow for a home that was inadvertently constructed nine (9) inches into the required twenty -five (25) foot front yard setback. The property contains a single family residence located at 14005 E 87 Ter N, lot 32, block 3 of The Bradfords of Silver Creek. EXISTING LAND USE: Single Family Residential SURROUNDING LAND USE: "Direction- " Zo-nina Use Land Use Plan Jurlsdlctlon North RS -3 Residential Residential Owasso South RS-3 Residential Residential Owasso East RS -3 Residential Residential Owasso West RS-3 Residential Residential Owasso PRESENT ZONING: RS -3 (Residential Single Family) APPROVAL PROCESS SECTION 1270 VARIANCES 1270.1 General The Board of Adjustment, upon application, and after notice (when notice is required) and public hearing, may grant variances from the terms of this code only upon a finding that the variance will not cause substantial detriment to the public good or impair the spirit, purposes and intent of this code, or the Comprehensive Plan, where by reason of exceptional narrowness, shallowness, shape, topography, or other extraordinary or exceptional situation, condition, or circumstance peculiar to a particular property, the literal enforcement of the code will result in unnecessary hardship_ The Board shall not vary any jurisdictional requirements such as notice. 1270.3 Board of Adjustment Action The Board shall hold the public hearing and, upon the concurring vote of three members, may grant a variance only upon a finding that: The application of the ordinance to the particular piece of property would create an unnecessary hardship; 2. Such conditions are peculiar to the particular piece of property involved; 3. Relief, if granted, would not cause substantial detriment to the public good, or impair the purposes and intent of the ordinance or the Comprehensive Plan. Provided that the Board in granting a variance shall prescribe appropriate conditions and safeguards, and may require such evidence and guarantee or bond as it may deem necessary to enforce compliance with the conditions attached. ANALYSIS: The City of Owasso Zoning Code states that homes maintain a minimum twenty -five (25) foot building line setback. It appears that a mistake was made during the construction of the home. The result was a home that encroached nine (9) inches into the required front yard setback. This variance request is being made due to an error, not any intentional violation of the zoning code. As with any variance request, the determination must be made that the request meets each of the three (3) criteria outlined in Oklahoma State Statute and the City of Owasso Zoning Code. After reviewing the criteria, staff has made the following findings for each of the listed criteria: 1. The application of the ordinance to the particular piece of property would create an unnecessary hardship; The application of the ordinance does appear to create an unnecessary hardship as the house would not be able to be sold without a variance. 2. Such conditions are peculiar to the particular piece of property Involved; This subject lot is not a standard shaped lot and is not uniform in any sense. It has a curved building line, resulting in an incorrect survey that allowed the building to be built beyond the setback line. 3. Relief, if granted, would not cause substantial detriment to the public good, or Impair the purposes and Intent of the ordinance or the Comprehensive Plan. If relief were to be granted, it would not cause detriment to the public good and would not impair the purposes and intent of the ordinance or the Comprehensive Plan. In conclusion, staff finds that this particular variance request does meet the three (3) criteria of the 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 concerning OBOA 13 -01. RECOMMENDATION: Staff recommends approval of OBOA -13 -01 ATTACHMENTS: 1. Area Map 2. Aerial Map 3. Property Survey i1 ro e J m I I i O y f :1 H M vo „�r..N:..;�� _ ^A+•.�.vv w w y LY K •' ,l ! I OOOZ N i! r rl V Q Y! K ^ I o r .- a W \ 1 t d. ° [L 1 w '9 _ r, W {, r w W G I � K I O 411 y', f ObIN III m �o � 1 l.i. i1 ro e J m I I i O e m d d n 0 `o N l\ O C O C O u v 10 O u O m C N A 0 Q n Cl) N co 0 �p o G E2 e 01 m � U C N p 6y .� -60 7 mm N a. v �`o b N co OD u 11 m c p, o Eu m ✓1 c n n y LY I� •' ,l ! I OOOZ N e m d d n 0 `o N l\ O C O C O u v 10 O u O m C N A 0 Q n Cl) N co 0 �p o G E2 e 01 m � U C N p 6y .� -60 7 mm N a. v �`o b N co OD u 11 m c p, o Eu m ✓1 c n 0 M r M AI 6 u u 10 d N a E 0 u 0 _ C O a c 0 u a N ti IO U 10 Oy W C N J � 10 O N O w `w L a 0 M m O N o N m G €0 cw V C c C 64D C O .O. W N 01 � $ r O �W N D w k 0h c 3m3 co O 00 ' d .cC. 10 Y � E m c� a T'YFW"" WHITE SURVEYING COMPANY LEGEND AA • 8056 BAST 55TH PLACE 'TULSA, DFOADOMA 74149 • (918) 889 -6984 1_ FEKE It III URUTY EASEMENT REGISTERED. LAND SURVEYOR'S INSPECTION D/I M/P MEETER�ING EASEMENT 0 PLAT FOR MORTGAGE LOAN PURPOSES BiE TM.EPEME MLE& 1" 30 IIw Orz INVOICE NO.: MT 05-44575 IA B.L. DN MORTGAGOR: COLLINS, GARY L. e4 NANCY L. O.B.L. OUTBUILDING LINE CLIENT: MERIDIAN TIRE de CLOSINGS, INC BEFORE YOU DIG, ® FIRST BANK OF OKLAHOMA eOO°NSiz -BSe3 M08115162 - THIS PROPERTY LIES IN ZONE "X- UNSHADED' FLOOD HAZARD AREA PER F.I.R.M, COMMUNITY PANEL NO. 4OD210 0239H, AS LAST REVISED 9/22/99. 1 Y N� CJ ° .A s� n� PLAT NO, 5239 LEGAL DESCRIPTION AS PROVIDED: LOT THIRTY -TWO (32), BLOCK THREE (3), THE BRADFORDS OF SILVER CREEK, AN ADDRION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, AND KNOWN AS 14005 EAST 871H TERRACE NORTH. SURVEYOR'S STATEMENT PS�rrn�.•TNTLT REQUESTED BY THE CLIENT. THAT THIS INSPECTION PIAT IS PREPARED SOLELY FOR THE CLIENT LISTED USED MR ANY SUBSEQUENT LOAN CLOSING, REFINANCE, OR OTHER TRANSACTION: AND THAT NO RESM HERESY TO THE PRESENT OR RITURE IAND OWNER OR OCCUIr M. WFTNESS LO• HAND AND SEA. THIS DATE ////A /�4?P WARNINGI IF Nor seal on this donumenl to not RED. It is an unoulhadzed white, moy h o been al4red or modiNd. and cannot bo used for my MAY NOT BE D HEREIN OR Copydahit 2006 by WAR. Sumylnq Gorn,ry. AT Righlo removed. No Pod of Ihts Wt may be repro No , et.4kJp 1"!%t�frsgcl£In. or tmmmilled In any forth Mlhout prior a,lllm permleeen of Mt. SryWre, Lbmpa,ry, P.O. Box S716T6, Tuka. Ohla r�7 �v.Y1. �N'LT .. LEGEND, \ � GARAGE OVER BLDG LINE 01 Afl \ G_ GRANT OF RIGHT -OF -WAY RECORDED IN BOOK � 137 PAGE 430, AFFECTS THIS ENTIRE PROPERTY, ry \ EXACT SIZE AND LOCATION ARE NOT SPECIFIED, �^. BILL OF SALE RECORDED IN BOOK 5558 PAGE 1738. DOES NOT AFFECT THIS PROPERTY. \ ay .� 1 Y N� CJ ° .A s� n� PLAT NO, 5239 LEGAL DESCRIPTION AS PROVIDED: LOT THIRTY -TWO (32), BLOCK THREE (3), THE BRADFORDS OF SILVER CREEK, AN ADDRION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, AND KNOWN AS 14005 EAST 871H TERRACE NORTH. SURVEYOR'S STATEMENT PS�rrn�.•TNTLT REQUESTED BY THE CLIENT. THAT THIS INSPECTION PIAT IS PREPARED SOLELY FOR THE CLIENT LISTED USED MR ANY SUBSEQUENT LOAN CLOSING, REFINANCE, OR OTHER TRANSACTION: AND THAT NO RESM HERESY TO THE PRESENT OR RITURE IAND OWNER OR OCCUIr M. WFTNESS LO• HAND AND SEA. THIS DATE ////A /�4?P WARNINGI IF Nor seal on this donumenl to not RED. It is an unoulhadzed white, moy h o been al4red or modiNd. and cannot bo used for my MAY NOT BE D HEREIN OR Copydahit 2006 by WAR. Sumylnq Gorn,ry. AT Righlo removed. No Pod of Ihts Wt may be repro No , et.4kJp 1"!%t�frsgcl£In. or tmmmilled In any forth Mlhout prior a,lllm permleeen of Mt. SryWre, Lbmpa,ry, P.O. Box S716T6, Tuka. Ohla r�7 �v.Y1. �N'LT .. s� The City Wit out Limits. SUBJECT: Special Exception Request TO: Owasso Board of Adjustment FROM: Bronce L. Stephenson City Planner CASE: OBOA 13 -02, Non - permanent Vendor DATE: February 26, 2013 BACKGROUND: The City of Owasso received a request from Ms. Allison Andreoli for a Special Exception of the Owasso Zoning Code, to allow for the placement of a non - permanent vendor (sale of gardening and plant materials) in a Commercial Shopping District. The subject property is described as Tyann Plaza I Shopping Center and further described as 9455 North Owasso Expressway. SIZE OF LOT. 6.93 acres EXISTING LAND USE: Parking Lot for Commercial Retail Shopping Center SURROUNDING LAND USE: Direction Zoning 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 PRESENT ZONING: CS (Commercial Shopping) 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 60' plant and gardening tent in the parking lot of Tyann Plaza 1 Shopping Center. 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 concerning OBOA 13 -02. Ms. Andreoli operated the flower tent at the E 86 St N Reasor's for several years. The flower tent will operate during the spring and summer months. There is ample room for customer parking on the lot that will adequately serve the needs of this particular vendor. There does not appear to be any impact to surrounding businesses or property owners. Staff has concluded that the landscaping and plant material tent will not impact public safety and the welfare of the community. Staff recommends approval of OBOA -13-02, subject to the following conditions: • All signage be reviewed by the City Planner to ensure the strict adherence to the Owasso Sign Code. • The applicant must provide on -site trash receptacles. ATTACHMENTS: 1. Area Map 2. Aerial Map 3. Site Location O IM T 0 0 I I I 1I I �wm�a'vr'seLrl �_l .;. II I I I z - I 1l lm LavAVe v � j t i p '\ I O I I II I C G u III c OW M3 t(1dZLN m y In O c N � 1'I Im N } I > n ` \) \\ Cl) I O C\l o CE I I a CD ( l mG v w IM Im a m CL 0 \ nta II \ J o 0 N l Y_I I it 1•\ _ N O M T a 0 m Lu Lu _ u u d v E E ° u w 0 Lu _ 6 VA T . ° ° _ ° v _ s e ° _ m ° 0 a d L e n M � r m O O N � N �a a €� o ° a� v� C w N Q U o 0 N H D O N � S N 10 N LO C N _ n ° � U `- E 0. 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