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HomeMy WebLinkAbout2008.04.22_Board of Adjustment AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO BOARD OF ADJUSTMENT TYPE OF MEETING: DATE: TIME: PLACE: NOTICE FILED BY: TITLE: Regular April 22, 2008 6:00 PM Old Central, 109 North Birch Larissa Darnaby City Planner Filed in the office of the Owasso City Clerk and posted at the north entrance to City Hall at 3:00 PM on the 16th day of April, 2008. a� Larissa Darnaby OWASSO BOARD OF ADJUSTMENT Tuesday, April 22, 2008, 6:00 PM Old Central, 109 N. Birch AGENDA 1. Call to Order 2. Roll Call 3. Approval of Minutes from the March 25, 2008 Regular Meeting. BOARD OF ADJUSTMENT PUBLIC HEARING 4. OBOA 08 -04— Request by Kyle Brady for a special exception to allow for a non - permanent vendor in a commercial district on property zoned CS (Commercial Shopping Center District), located on Lot 1, Block 1, Tyann Plaza V (adjacent to the Cracker Barrel). OBOA_08 -05— Request by Craig Michaelson for a special exception to allow for a deviation of the maximum square foole permitted for an accessory building of the allowed 750 square feet, located at 9603 East 115 Street North. 6. Other Business 7. Adjournment 2;0The City Wit out limits. — removing obstacles standing in the way of people celebrating their lives. T NOTICE OF A HEARING BEFORE THE BOARD OF ADJUSTMENT OF THE CITY OF OWASSO, OKLAHOMA. Case Number OBOA -08 -04 Notice is hereby given that a public hearing will be held before the Owasso Board of Adjustment in the Old Central Building located at 109 North Birch, at 6:00 PM on April 22, 2008. The Owasso Board of Adjustment will consider a request for a Special Exception to the Owasso Zoning Code to ALLOW FOR A NON - PERMANENT SNOW CONE VENDOR IN A COMMERCIAL SHOPPING DISTRICT on a property zoned CS (Commercial Shopping Center District). The property is located at Lot 3, Block 1, Tyann Plaza V. 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 at the Community Development Department, 111 N. Main Street, Owasso, Oklahoma, 74055, or by calling 376- 1543. Dated at Owasso, Oklahoma, this 8th day of April, 2008. Marsha Hensley Assistant City Planner 111 N. Main (918) 376 -1500 P.O. Box 180 City of Owasso FAX (918) 376 -1551 Owasso, Oklahoma 74055 A City or Character www.cityofowasso.com OBOA -_()9, CITY OF OWASSO P.O. BOX 180 OWASSO, OKLAHOMA 74055 (918) 272 -2251 FAX (918) 272 -4997 SPECIAL EXCEPTION BOARD OF ADJUSTMENT INTERPRETATION OR APPEAL THE FOLLOWING INFORMATION TO BE SUPPLIED BY APPLICANT AC7IONREQUESTED Special Exception — Section interpretation of Zoning Text Use Unit No. ❑Interpretation of Zoning Map ❑Appeal from Building Inspector ❑Appeal under the Provisions of Chapter 12, Section Describe below the specifics of your request. Where applicable, indicate pertinent,uses, distances, dimensions, etc. Please attach any plot plans, photographs and other factual information that will assist the Board in determining the merits of your request. PROPERTY LEGAL Owner _ IAddress or General Location of Subject Property As applicant, what is your interest in this property? Name of person two be billed for publication "ones' p3 ry ❑Present Owner gent for Owner ❑Purchaser 00ther Mailing Address ❑Attorney for Owner 1EAU% 19_-1IZ G.. �V-i ft2. 19WASSo.0V_ 71055 I CERTIFY THAT THE SUBMITTED INFORMATION IS TRUE AND CORRECT ) Sigaature -t-� �////.�#/V Please submit the completed application form and application fee of V.14'a%rg'With a (Cc, , ed 300' Radius Report (available from an abstract company) and other supplemental documents to the Cif,, Planner on or before the first day of the month in which the request is to be heard by the Board. This is a quasi - judicial proceeding. The applicant or applicant's agent must be present at the hearing to receive approval. BOA MEETING DATE "l'� PRESENT SUBMITTAL DATE ZONING I FEE RECEIPT NUMBER to - I APPROVE MEMORANDUM TO: BOARD OF ADJUSTMENT CITY OF OWASSO FROM: LARISSA DARNABY CITY PLANNER SUBJECT: OBOA -08 -05 DATE: APRIL 14, 2008 BACKGROUND: The City of Owasso has received an application for a Special Exception to allow for a deviation of the maximum square footage permitted for an accessory building of the allowed 750 square feet, located at 9603 East 115th Street North. A location map is attached with this memorandum. EXISTING LAND USE: Residential Subdivision PRESENT ZONING: AG (Agricultural) APPLICABLE REGULATIONS: Owasso Zoning Code, Section 240 E — Yards. ANALYSIS: The subject property is located at 9603 East 115'h Street North and contains a single - family dwelling on a residential lot. The applicant proposes to add a 1,380 square foot detached storage building in the rear yard of the property to house recreational vehicles in. Section 240.2.e(2) states "the total gross floor area for any accessory building or buildings located in the rear yard, required rear yard, and or both, does not exceed 750 square feet." The section goes on to state that the Board of Adjustment may grant a variance of this requirement. The intent of the Special Exception process is to ensure that a proposed use 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. Structures with a total floor area in excess of 600 square feet have been identified as uses that may be found injurious to neighborhoods by use as an unauthorized single family dwelling or being used in conjunction with commercial or industrial use not permitted in residentially zoned areas. Therefore, structures of this size were provided as approved by the Board of Adjustment through the Special Exception Process. Staff is concerned with the impacts of a structure this large to the residential character of a neighborhood. The structure should be limited to a height and a roof pitch that is complementary and not greater than the existing single family dwelling located upon the property. The applicant does have ample space within the rear yard to provide for the addition of a detached garage. Staff does not find any code related issues to the construction of the building. The staff has evaluated the request, and finds that approval of the application will not result in any detrimental impact, in a safety manner, on the surrounding area. However, staff does believe that neighbors concerns should be heavily weighted in the Boards decision. RECOMMENDATION: The staff recommends approval of OBOA -08 -05 with the following conditions: 1. The structure should be limited to a height and a roof pitch that is complementary and not greater than the existing single- family dwelling located upon the property. 2. Driveways shall be established in concrete or asphalt to comply with the City Code. 3. The proposed structure shall not be used as a second family dwelling upon the property. 4. No commercial or industrial activities shall be operated within the proposed structure. 5. The structure shall be located outside of all utility easements and set back requirements. ATTACHMENTS: 1. Case map 2. OBOA 08 -05 Application 3. Legal Notice 4. Site drawing AG AG -R E- 116th ■ST ■N -------------------- - CS AG OBOA -08 -05 E 115 tnsrN PUD -01 -01 AG 0 z � O O z_ 5 RS -3 z N W E Q trT a s 1221-13 0 Of Feet Z 0 100 200 Q A E -D� CITY OF OWASSO P.O. BOX 130 OWASSO, OKLAHOMA 74055 (918) 272 -2251 FAX (918) 272 -4997 � s BOARD OF ADJUSTMENT THE FOLLOWING INFORMATION TO BE SUPPLIED BY APPLIC ANT ACS` GN REQUESTED Spezial Exception— Section 2 `+o C o �nw+ ze , Use Unit No. � � �InterPretation of Zoning Text []Appeal fr om Use Inspector ❑Interpretation of Zoning Map Building p ElAppeal under the Provisions of Chapter 12, Section Describe below the specifics of your request. Where applicable, indicate pertinent uses, distances, dimensions, etc. Please attach any plot plans, photographs and other factual information that will assist the Board in determining the merits of your request. Name and Address of Record Owner Address or General Location of Subject Property CPata MieL.l Sa.1 OLA2 a rA <4 U n -III Af .y ,.r_7 - . . . As appfidant, what is your interest in this property? Name of person to be billed for publication Phone ©Present Owner Agent for Owner I I CM14 11?1eAde%s6 !� EIPurchaser QOther Mailing Address DAttomey for Owner I 06oa F' l/154.4 C4 Al I CERTIFYTHAT THE SUMMED INFORMATION IS TRUE A,`4D CORRECT I Signature /�_ a - ^'�.ri n D au • Please submit the completed application form and application fee of '4aloau ng with a Certified 300' Radius Report (available from an abstract company) and other supplemental documents to the City Planner on or before the first day of the month in which the request is to be heard by the Board. This is a quasi - judicial proceeding. The applicant or applicant's agent must be present at the hearing to receive approval. BOA MEETING DATE_ ;ILa (� PRESENT USE \cam SUB1v1iI'TAL DATE 1 O$3 ZONING DISTRICT FEE RECEIPT NUMBER APPROVED DENIED The City Wit ovt Limits. ...removing Obstacles standing in the way of people celebrating their lives. NOTICE OF A HEARING BEFORE THE BOARD OF ADJUSTMENT OF THE CITY OF OWASSO, OKLAHOMA. Case Number OBOA -08 -05 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 22nd day of April, 2008. At that time and place the Owasso Board of Adjustment will consider a request for a Special Exception to ALLOW FOR A DEVIATION OF THE MAXIMUM SQUARE FOOTAGE PERMITTED FOR AN ACCESSORY BUILDING OF 750 SQUARE FEET. The application requests the allowance of an accessory structure in the rear yard totaling 1,380 square feet. The property is located at 9603 East 115 Street North. 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- 1541. Dated at Owasso, Oklahoma, this 9' day of April 2008. Marsha Hensley Assistant City Planner f 1't9 N. Main (918) 376 -1500 P.O. Box 180 City of Owasso FAX (918) 376 -1551 Owasso, Oklahoma 74055 A City Of Character www.cityofowasso.com Zy iV y,b V O y 4vo D 0`° °4`a A ,av es' a m � "x b° / / le h� h /! I ba % v �n ^i b� x v X Fy''x h , .h 15 \ 47 3g 2c W \ m 4° �n ^i b� x v X Fy''x h , .h 15 \ 47 3g 2c W \ m 4° MEMORANDUM TO: BOARD OF ADJUSTMENT CITY OF OWASSO FROM: LARISSA DARNABY CITY PLANNER SUBJECT: OBOA -08 -04 DATE: APRIL 14, 2008 BACKGROUND: The City of Owasso has received a request from Kyle Brady for a Special Exception of the Owasso Zoning Code, Section 1002, Areawide Special. Exception Uses, to allow for a non- permanent vendor in a commercial district on property zoned CS (Commercial Shopping Center District). The proposed use of the property is as a snow cone vendor. LOCATION: The subject property is located on lot 3, block 1, Tyann Plaza V (adjacent to the Cracker Barrel) EXISTING LAND USE: Undeveloped PRESENT ZONING: CS (Commercial Shopping Center District) APPLICABLE REGULATIONS: Owasso Zoning Code, Section 620 - Accessory Uses Permitted in Commercial Districts, Section 1002 — Area wide Special Exception Uses and Section(s) 1400 through 1490 - Board of Adjustment. ANALYSIS: According to the Owasso Zoning Code, the Board of Adjustment may grant a 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. The applicant is requesting a special exception from the Owasso Zoning Code to allow for a non- permanent vendor in a commercial shopping district. The proposed use of the property is as a snow cone vendor. A site map is included with your packets. Staff believes that all criteria have been met relative to the special exception language in the Owasso Zoning Code. Staff finds that the application is consistent with stated intent of the zoning code and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. 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. Issues that should be addressed by this Board are related to signage, trash receptacles and the length of time that the use of the property is allowed. Staff would recommend that all signage for the use must be approved by City staff and that on -site trash receptacles must be provided by the applicant RECOMMENDATION: Staff recommends approval of OBOA- 08 -04, 2011, subject to following conditions: for a three year period, though September 15, 1. All signage be reviewed by the City Staff to ensure the strict adherence to the Owasso Sign Code. 2. The applicant must provide on -site trash receptacles. 3. The applicant must get annual approval from the City Planner prior to locating the business on site. 4. The establishment may not open prior to March 3 Ph of each year, and cease operations by September 15"' of each year. ATTACHMENTS: 1. General Area Map 2. Legal Notice 3. OBOA -08 -04 Application r.� '� HZ