HomeMy WebLinkAbout2003.01.28_Board of Adjustment AgendaOwasso Board of Adjustment
OF C
c
el OF` THE
January 28,
6:00 PM
I
i
c
el OF` THE
January 28,
6:00 PM
I
i
11 LI C NOTICE OFTHE MEETING F THE
OWASSO BOARD OF ADJUSTNIENT
D ATE
TIME
PL,A,C' ;
ICE FILED B-'V
Regular
Jartuary 28, 200"
6M O U P M
Owasso Con-irlui:llt / C ', "iiC _30l S. �. r., eflat
Robert "Moore
City Planner
i il.ed In the office o1 the Owasso City Clei-1 ,,ind posted. at tht' rlortl`i entrance llce to (.. i y [-fall a ,0 i 3 Y1 C)(7 i -lie
1 lay of Ja.nu« ay, 200.3.
Robert Nlooz e
City Planner
OWA.SSO BO ARD OF AOJtJSTME N F
l tiesdity, Jar7unry 28, ; 003.. 6:00 l'M
Owasso C_'oxnrnun.7ay C:enter., 3O1 S Cedar
.AGENDA.
"al I to Order
%. Roll. Call
3. Approval of N inutes l orn the November >6; >002 Re(l:Ular _- v:leetincy
BOAR-D, OFADJUST",VIENT PUBLIC HEARING
4 OBOA- •03-01 — Sac 5_ and Associates, Inc., an belialf of the Ball Ramsey Trust — A regUest for a
Variance of the Owasso Zoning Code, Section 630, Bulk and Area eduirements in Commercial
Districts, TO ALLOW FOR THE CONSTRUCT1ON OF All ATTACHED AWNING EXTENDING
jkPP ROXINT TELY 43 FEET WT3`HEN A 50 FOOT BUILDING SETBACK LINT E on property zoned
CS (Commercial Shopping Center) District. The subject property is described as Lot 3, Block 1,
Owasso Commercial Center, an addition to the City of Owasso, 'Tulsa County, Oklahoma, further
described as 11501 E. 76`' St. N., Ov asso, Oklahoma.
5, Other Business
6� Adjournrient
CITY OF OWASSO
COMMUNITY DEVELOPA/tENT DEPARTMENT
STAFF REPORT'
BACKGROUND
The City of Owasso has i°c,Ls,1.'ved arequest "f-rom Saack r.id Assoi"hdtes, .hic., appl t,amt, on
b hat o d -1 ; bill Ramsey ]_'rust, tor a Variance froni. the Owasso Zoflin Code, Se(:Y.loll
630, Bulk arid Area Requirt icietIts in (om.rnerc•ial Districts, TO Ai ,1,0W 1 OR 1 HE
(_ O X,. IR(1C`1 ION OF F';I''.1 x''a.TTA EI ) A WN l (I EXTENDJING ATPR X MA' 1._�"T_,Y
43 1 E 1 W1' %.1llN .r° 50 FOOT BU ilN SETBACK _tNE on proper y zoned C'S
(C;onunercial hoppin— g Center 3istrict),
LOC r IC1?N
The sit'lg1ec t property is described as Lot: 3, Bloc k 1, Owasso b_orn.rn rc:ial ("'enter, further
described as 11501. E. 76"' St:. iii., Owasso, OK,
EXISTING LAND USE
Vacant Retail Convenience Store
Nortria Retail Restaiarant
South: Retail - Restaurant
East: Retail -- restaurant
West: lbublIc; - Highway 1.69
PRESENT ZONING.
CS (Cor7`mcrcial Shopping District).
SUIVROUNDINCI ZONING
North: CS (C:onnnercial Shopping, District)
South: CH (Commercial High Intensity District)
East: CS (Commercial Shopping District)
West: CS (Commercial Shopping District) across 1- 1ighway 169
APPLICABLE REGULATIONS
Owasso ironing Code, Section 630 - Bulk and Area Requirements in Commercial Districts,
and Section(s) 14-00 through 1490 - Board of Adjustment.
SITE SPECIFIC HISTORY
A sur`vev of the records housed at the Community Development Department indicates that no
site - specific history related to variance or special exception requests exist.
ANALYSIS
According to the Owasso :Zoning Code, the Board of Adjustnrent may grant a var Lance upon
finding that„
("! Y �5 9 F y. '{ . _ t (� 9
1 fs e a lic-do n of the oid'irance to Li e �J�arti6 tilaf p cif✓ o property YV\ l" create an
' ip I� i "l i'.�A.a.
unnecessary hardship;
2, git.ch condition..s acre peculiar to the pas ticular° piece ofproperty invol cd; and
, Relief if mranted, would not cause Substantial detriment to the public good, or
pi,ii. poses and n -itent ofthc ordinance or the Cornprehiensive flail,
The applicant Is requcsfiri.g a variance from the Owasso Zoning Code to allow for the
colistriictlol "i of an attached awning extending app o`aii- nately forty -three (43) feel. within a
silty (50) toot b r.ilding setback brie • _ tajff believ €;s that all relevant criteria ha"v. -., been rice "i,
First, particular to the hardship criteria and if the true and correct building setback lures were
applied, the location of the awning would force the site into further non - conforming status.
In other words, by rnovi.ng the awning to a point behind the building setback line not only
would additions to the rear or side be limited and require further planning board petitions, but
also the site Would not meet the City's parking requirements as shown. f 'parking were
allowed along the boundaries of the property to the south. and west, pedestrians would be
forced to "walk through Incoming traffic.
Second, staff te, + ✓1 4.I'?ar.t the conditions brought bef6re this Board' could reasonably be
c.onsi is re c "l. e_xc.eptional and peculiar to this particular piece of °property. With the unique
boundaries of thy; property (bound on the ,vest and south. by Oklahoma Department of
Traiispor ation right:- ofway), the full utilisation of'the site is drarnaticaliy limited. the
applicant is proposing; a use that will attempt to compensate for the u- ni- queness of the
property by utilize the existing structure. However, for the property to become fi.rlly
functional as a bank site and assuming that an awning is a necessary component o1`su.ccess-rul
bank sites, an awning is necessary to provide for the use of the teller lanes during increment
weather.
Finally, staff feels that by granting relief in this instance the result would not cause
substantial detriment to the public good, or impair the purposes and intent of the ordinance or
the Comprehensive plan. The site was previously occupied by the Quick Trip Corporation
who had, without Board of Adjustment approval, and encroachment into the building setback
line by the canopy covering the gasoline pumps,
Letters were mailed to all property owners within three - hundred (300) feet of the subject
property on .January 10, 2003 and the request was advertised in the Owasso Reporter on
January 16, 2003. Staff received several phone calls of a questioning nature and not in
opposition of the request.
RE COMMENDATION
Therefore, staff reconunends approval of OBOA- 03 -01, allowing for the construction of an
awning forty -three (43) feet within a fifty (50) foot building setback line,
ATTA ° i ICITS
I . ,..General Area Map.
2. OB : A- 03 - -01 Application.
3, Copy of Legal Advertisement.
4. Copy oi'Letter,,�,'�eiittoSLif-rotjndi--Q(-, Proneav Owners.
a
[OBOA-
> ' PRA, BOX 180 OW SSO, OKLAHOMA 7405 (91 8) 272 -2251 FAX (918) 272-4997
pa. TWil.
BOARDOFA.Dius,rMENT ZONING VARIANCE
HE xfO1J., LOW] ( ", INFORMATION �10 BE SUPPLIED Y APPL9CAN IF
Describe below the specifies of your request. Where e applic2,able, indicate pfftirlCtlt uses, distances, dltnerisiC'n
etc, Please ,.attach any plot plans, photographs and, othicr P ctual inf n- matio:ri that ,,ill assist the Board in
det rniiffin the merits of your request.
c>_al_lp4t rattached ,awn no to exxitend over the buildilx setback 1_irt�. 'icf�� c�..w._..
eiWiili '�. tUverina the drive throe h teller lanes and allows use durlaq, inclement weather,
PROPERTY ]LEGAL DESCRWTUDN See Attached.
Narne and Address of Record Owner 74153
Q.11. J, Ramsey gust, Pa :,13ox 355.7, ululsa,OK
As applicv). what s your interest in this property-_.
[]P esen f rner° 6 I-ent for Owi.ier
purchaser. - 1 th r
-]Attorney tor° Owner
Address or General Location of Subject Property
\l1:` Corner of llwy...169_and 76th Street North
Name of person to be YrrJicd for
_om u_ _wa,. � ot - aW. Z
Kathy f hont� on - Arves Bank [6a 1-1
m Oi a
Mailing Address
502 S. Main, Tulsa, Olt 74103
The Board of Adjustment is allowed to appr °o e variances kop y after deten.ninint froni tine evidence and arYgunlenis,.,.,_.
�
that the conditions listed below do exist. ..,Please describe.how _y 3 of these condrtloias.:
1. Application of the zoning ordinance requirements to this particulars property will create unnecessary hardship,
A,wnl Qyel :_ drive :Lhrcuc{h teller, lanes is necessary for this site to be d,-yi —Lqreci
Awnirn allows use of teller- lanes during inclement weather'.
2. There are conditions peculiar to this property which do not apply to other properties in the same zoning
district.
ty is bounded by 76th and the Flwya 169 Service; Load using the 50' building setback leaves
very 1=;ttle room for a structure, Bank is going to utilize the existing structure,
3. The � °ar ance, if granted, will not cause substantial detriment to the public good or impair the purpose and
intew, ,-,f the zoning ordinance or the comprehensive plan.
Previous occupant, QuikTrip, had its awning fully located beyond the building line.
1 CFRTIi � � �" THE �rJ�3 wHTTED INFORMATION Ts TRUE Ar, ��£R4R�CT sign at - '� ' � ?
Please submit the completed application form and application fee of $75 along with a Certified 300' Radius
Report (available from an abstract company) and other supplemental documents to the City Planner on or before
the first day of the month in which the request is to be heard by the Board. This is a quasi - judicial proceeding.
The appli a nt or applicant's agent Mus t be present at the hearing to receive approval,
SUBMITTAL DATE
FEE RECEIPT NUMB
PRESENT USE
ZONING DISTRICT _ _
APP1�.C)VE -,.,,.__ DENIED
LEGAL DESCRIPT (01NN
LOT 3, BLOCK 1, -OWASSO COMMERCIAL CENTER", AN ADDITION TO THE
CITY 0E' OVONSSO, TULSA COUNTY, OKLAHOMA, A THI_,�; S/2 SW/4
SW/40F SECTION 29, T-21-N, R-14-E AND
.A PIEC' _'_', OF G'ROIR41) LYTNG lN TliE SW /4 OF THE SW/4
Of'' SECTION 29,
T-21-M, R-14-E, TULSa COUNTY, OKLAHOMA, BEING A,
PAR'!U 0,11]" H I C,_,'&_fW,AY
FILED iN BOOK 2966 lU PAGES 1472 AND
4'/6 AND BEING
MORE PA.RTICULARLY DESCRIBED AS FOLLOWS, TO-WIT:
BEG .1- AT THE SOUTHEAST CORNER OF SAID LOT 3,
BLOCK 1; THENCE
DUE WEST FOR A DISTANCE OF 181.47 FEET; THENCE N
00005'00" E AND
PARALLEL TO THE WEST LINE OF SAID LOT 3, BLOCK I
FOR A DISTANCE
OF' 138.3S THENCE S 89055'00" E FOR it DISTANCE
OF 30.00
FEET T0 THE NORTHWEST CORNER OF SAID LOT 3, BLOCK 1; THENCE
S 0000SW0 n W AND ALONG THE' WEST 1,1NE OF SAID LOT
3, BLOCK 1 FOR
A DIVRA SIC E OF 125.45 FEET TO THE SOUTHWEST CORNER
OF SAID LOT 3,
BLOCK 1; THENCE S 85009'00" E FOR It DISTANCE OF
152.00 1;,.10'r TO
THE POINT OF" BEGINNING, WITH THE ENTIRE TRACT CONTAINING 2-7,408
SQUAKE FEET.
LRSOO (44)
UMASTy
7 1 ffiank-Owasso.dw,
NOTICE OF A, 11EARING BEFORE T11E BOARD OF
Case Nun ber OB A- 1
P'4oticc ?_sit ;i' 13y ya iEtt tlla.i: ci 3'f..1)tit., laealr1 ji /111 )a:, 1 --t� (6 ��'�,ibre ail
a a � t �)w--s- z ,
�Vi /t .�.it7 A?.Js1.3_?..S {3,1 i-it.; ustrllent -n -the it.1,. so 1 o3tlit .�(.1111.Ly v.�;�,I.i4,$.;.t�>
301 S13tith ('edar, Owasso, O1t1a1"i.i3ma at 6 :00 PM oil the 28"' clay
of January, 2003, At t'11at time and 131aice the Owasso Board of
Adjustment will consider a. request from Sack a ncl Associates, tes, 1.;ta —,
on behalf o1` the Bill l�_arnsey Trust, for a �, aariaance lrtirn the
Owasso Zoninla ("'ode, Section 630, Bulk and Area Requirements
in Conirierci<al i)istrI ts, O A111,0 1 FOR THE
CONSTRUCIRON OF AN ATTACHED AWNING
EXTENDING APPROXIMATELY 43 FEE,r WITHIN A 50
FOOT BUILDING SETBACK LINE on property zoned CS
(Coo- fil- nerciaal Shopping Centel) District, The subject property is
described as 1.,ot 3, Block 1, Owasso Commercial Center, a ri,
addition to the City of Owasso, Tulsa County, Oklahoma, further
described as :x.1301 E, '76"' it. f=,,l Owasso, Oklahoma,
All persons interested. in the 'above rnenttoned matter are hereby
! L i
notified to t e present sent aat tilt.", above #nelationed tune and place in
r
order to resent their a� �'o��.r1�-�y��t or or against same,
Information and maps showing the property location may be
inspected in the office of the City Planner, 11.1. N. Main Street,
Owasso, Oklahoma, 74055, or by calling 376 - 154.3.
Dated at Owasso, Oklahoma, this 10" day of January, 2003.
Robert Moore
City Planner
ity of Owasso
Department o mmunity Developme
111 North Main Street
RO. Box 130
Ow-asso, OK 7405,5
Novi.CETO PROPERTY OWNER,
(913) 376 -15
FAX (918) 376-1597
lnsp ct;i ais -37 -1541
w°vvw.ch -y owasso.'Conl
1 1otiic,., ?.s hereoy giive n tihaa a publiic, hl-ari nt7 will be he'd before the Owasso, Boar, of
Adjrastrrrent. hn the Owasso Corxarr unity Center, 301 South Cedar, Owasso, Okla.honna. at 6 :00
PM on the 8"' clay of January, 2003. At that time and place, the Owasso Board of
Adjustrrrerrt will consider a request froiri Sack and associates, Inc., on befa.alf of the Bill Ramsey
Trust, for a Variance frorn the Owasso honing Code, Section 630, Healy and Area Requirements
in Commercial Districts, TO ALLOW FOR THE CONSTRUCTION OF AN ATTACHED
SETBACK LIME' on property zoned CS (Corgi ie c,ial Shopping Center) IDistricta The subject
property is described as follows:
Lot 3, Block 1, Owasso Commercial Cente-r, a_ra addition to the City of Owasso, '.fa is a
;;oaa_rat;y, Oklahoma, further desgcribecl. as 11.5111 E 76"' St. - Owasso, Oklahoma
As an abaattan-, or nearby property owner, you are teeing notified so that you may be able to
express your views or concerns rb, garclinl this request. If you are unable to attend this
meeting, please forward any cornrnents you may have in writing to the Owasso Community
nity
Development Department, PO fox 180, Owasso, OK 74055. These comments will be
presented to the Board of Adjustment members at the scheduled public hearing by the
Coryununity Development Staff.
Information a-ad rasps showing the property location may be inspected in the office of the City
Planner, III North /lain Street, Owasso, Oklahoma, 74055 or by calling 376 -1543. This is
your only personal notification of this request.
Dated at Owasso, Oklahoma, this IOtla clay of January, 2003.
Sincerely,
Robert Moore