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Home My WebLink About2008.03.25_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 March 25, 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 17`h day of March, 2008. C Xg (� -- Larissa Damaby OWASSO BOARD OF ADJUSTMENT Tuesday, March 25, 2008, 6:00 PM Old Central, 109 N. Birch AGENDA 1. Call to Order 2. Roll Call 3. Approval of Minutes from the February 26, 2008 Regular Meeting. BOARD OF ADJUSTMENT PUBLIC HEARING 4. OBOA- 08 -01— Organic Beginnings — Request by Organic Beginnings, LLC for a special exception to allow an outdoor gardening sales facility in a parking lot on property zoned CS (Commercial Shopping), located at 11150 North 135' East Avenue. A general area map is attached. 5. Other Business 6. Adjournment hL1a11yj Io] Z\UGi1►5i TO: BOARD OF ADJUSTMENT CITY OF OWASSO FROM: LARISSA DARNABY CITY PLANNER SUBJECT: OBOA- 08 -03, A REQUEST FOR A SPECIAL EXCEPTION TO ALLOW FOR A NON - PERMANENT VENDOR IN A COMMERCIAL SHOPPING DISTRICT DATE: MARCH 12, 2008 BACKGROUND The City of Owasso has received a request from Under the Sun Garden Center for a Special Exception of the Owasso Zoning Code, Section 1002, Area wide Special Exception Uses, TO ALLOW FOR A NON - PERMANENT VENDOR IN A COMMERCIAL SHOPPING DISTRICT on property zoned CS (Commercial Shopping Center District). The proposed use will be outdoor gardening sales with the premise containing two (2) 20'x40' tents and a 40'x40' open area. LOCATION The subject property.is located in the Reasor' s parking lot located at 11550 North 135' East Avenue. EXISTING LAND USE Retail - Parking Lot PRESENT ZONING Planned Unit Development 02 -02 with an underlying CS (Commercial Shopping) Zoning Designation 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 gardening tent. 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 -03, for a ten year period, subject to following conditions: 1. The establishment may not open prior to March 20'h of each year, and cease operations by November 18'h of each year. 2. All signage be reviewed by the City Staff to ensure the strict adherence to the Owasso Sign Code. 3. The applicant must provide on -site trash receptacles. 4. The applicant must get annual approval from the City Planner prior to locating the business on site. 5. Applicant must provide the city with a copy of their Tax I.D. number each year. ATTACHMENTS 1. General Area Map. 2. OBOA -08 -03 Application. 3. Copy of Legal Advertisement. G 116th St N -------------- = - -- w t i OBOA 08 -02 AG R 3 ��j��✓ /� ' s CS CS U0 -- --- - -- --- G PUD -01 -04 F 300' Radius S 011(. OBOA 08 -02 o zoo 1 400 �� 0921-14 Subject Tract Feel OBOA -_ 0), 0 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 ACRON REQUESTED [jIgpecial Exception - Section 1 ,P ❑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 Name and Address of Record Owner As applicant, what is your interest in this property? Name of person to be billed for publication Phone ❑Present Owner []Agent for Owner Sr n ih c l qI 7, ❑Purchaser [10ther Mailing Address nAttomev for Owner I p/1 i?,.,, P t./CI Ck'.. 4, Alr Ilk I CERTIFY THAT THE SUBMITTED INFORMATION IS TRUE AND CORRECT I Signature Please submit the completed application form and application fee of $50 along 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 3 ^ a Vi - 0"a I PRESENT USE Qalta 1p� �4aort� SUBMITTAL DATE 3' `l tfb ZONING DISTRICT C% FEE RECEIPT NUMBER APPROVED DENIED 74o7p NOTICE OF A HEARING BEFORE THE BOARD OF ADJUSTMENT OF THE CITY OF OWASSO, OKLAHOMA. Case Number OBOA -08 -03 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 March 25, 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 VENDOR (OUTDOOR GARDENING SALES) IN A COMMERCIAL SHOPPING DISTRICT on a property zoned CS (Commercial Shopping Center District). The property is located at Lot 1, Block 1, Garrett Creek Center, 11550 North 135" East Avenue (Reasor' s parking lot). 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 March, 2008. Marsha Hensley Assistant City Planner