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Home My WebLink About2000.04.25_Board of Adjustment AgendaAGENDA PACKET OWASSO BOARD OF ADJUSTMENT April 25, 2000 PUBLIC NOTICE OF THE MEETING OF THE OWASSO BOARD OF ADJUSTMENT TYPE OF MEETING: Regular DATE: April 25, 2000 PLACE: Owasso Community Center NOTICE FILED BY: Timothy Rooney TITLE: Assistance City Manager Filed in the office of the Owasso City Clerk at 5 :00 PM on April il 20, 2000, Tuesday, April 25, 2000, 7:00 P 1. Call to Order 2. Roll Call 3.Consider Approval of the Minutes of the February 22, 2000 Regular :Meeting, BOARD OF ADJUSTMENT PUBLIC HEARING 4. CE O -00-03 etsvew Coly r A. request for a Special Exception of the Owasso Zor -inxg Code to allow far —a Non Permanent accessory Vendor in a CS (Commercial Shopping Center) zoning; district. The subject property is described as a portion of Lot 3, Block 9, Ator Heights Third Addition; further described as being located immediately cast of Larry's 1<ried. Chicken. 5. OBOA- 00-04 - .lce Bolger - A request for a variance of the Owasso Zoning Code to allow for a deviation in the required front yard setback in an RS-2 Zoning District. the subject property is described as Lot 7, Block 2, Caudle Estates, further described as 10900 E. 95th Street Forth. 6. (7L OA-00 05 --Dwight Kathleen Pederson .o A request for a. Variance of the Owasso Zoning Cade to allow for an accessory structure greater than 750 square feet, The subject property is described as Lot 17, dock 5, Hillside Estates; further described as 9515 E. 113th Street forth. 7. Adjournment CITY OF OWASSO Planning Department OBOA-00-03 Staff Report GENERAL INFORMATION REQUESTED ACTION AND PURPOSE, A request for a Special Exception of the Owasso oning Code Section 1002 "Areawide Special Exception Uses" to allow for a Non Permanent Accessory Vendor in a CS (Commercial Shopping Center) zoning L .:,ATiON: The subject site is described as follows Lot 3, Block 9, Ator Heights Third Addition, Less and Except the South 134 feet and the West. 98.1 feet thereof. The general location of the subject; property is between Garnett Road and L arof's Fried Chicken. EXISTING LAND USE., Currently, the subject site where the vendor would be located is undeveloped. Pre viously, there has been a snowcone vendor at the subject site. SURROUNDING LAND USE. Larry's Fried Chicken borders the SUbject site on the west, whit it is bordered on the north by the tree that connects Cedar to Garnett Rondo The subject site is bordered on the east by Garnett Road and on the South by E. 8601 Street North. APPLICABLE L 'I . City of Owasso Zoning Code Section 1002 "Are rid Special Exception Uses" and Sections 140through ` 490 (Hoare of Adjustment). CASE HISTORY. Wells there is no case history for this request at this location, a similar use of the area as a snowcone vendor operated at this location several years ago. were now seeing non-permanent businesses open with little investment, little review, n often times in direct competition with their business. Staff developed a requirement for this type of use to be reviewed through the Board of Adjustment so that site concerns cou l e reviewed as they relate to the proposed specific location. Additionally, all property owners within 300 ,feet would be notified as mall, thus Fallowing their input. Staff has reviewe d the proposed location of his vendor service and has no "significant" concerns regarding the request. Surrounding property owners have been contacted and no objections to the request have been received y he Como-unity Development Department, Additionally, the required legal ad was published in the Owasso Reporter and is attached for your information and review Staf uld recommend, however, that sign age relating to the specific use be limited to that which is affixed to the non-permanent structure itself. Additionally, staff would caution the Board and future re appli a nts that review of this type of Special Exception request will be site specific and by no means should this be considered to be a blanket approval for future requests, as perhaps with this request more than any other, the direct input frorn surrounding prop rtylb usiness owners will carry significant weight,, RECOMMENDATION- Staff recomo," ends approval of he Special ExceptionA request with thefoilowing condltions 1 � Signage be Iftnited to that which is affixed to he structure itself. 2. Obtain vendor license from the City Clerk's office, ATTACHMENTS: I a Area map OBOA-00-03 application 3� Copy of legal advertisement 4. Copy of letters sent to surrounding roperty owners BOARD OR ADJUST NT CITY OF UVASSO THE FOLLUNING INFORNATION IS TO OR SUPPLIED BY APPLICANT COUNTS SPECIAL EXCEPTION - SECTION .d r INTERPRETATION OF ZONING TEXT APPEAL FRQN BUILDING INSPECTOR INTERPRETATION OF ZONING HAP UNIT NO UNDER THE PROVISIONS OF CHAPTER 12, SECTION OUT BELOW THE SPECIFICS OF YOUR APPLICATION.: NHE'RE APPLICABLE, INDICATE PERTINENT ORDINANCE.,PROVISIONS9 USES -, DISTANCES, DIMENSIONS, YOU SHOULD ATTACH DINT PLOT PLANS, PHOTOGRAPHS, AND OTHER FACTUAL INFORMATION WHICH HILL ASSIST THE BOARD IN- DETERNINING THE MERITS OF R APPLICATION,, ICE -CORD OWNER APPLICANT, NHAT IS YOUR INTEREST IN THIS PROPERTY? PRESENT OWNER PURCHASER ATTORNEY FOR OWNER AGENT FOR OWNER OTHER GENERAL. LOCATION OR ADDRESS I CERTIFY THAT THE SUBMITTED IKFMTIUN IS TRUE AND CORRECT HAILING ADDRESS a. FOR INTERNAL OFFICE USE "EXHIBIT A" NOTICE OF A HEARING BEFORE THE BOARD OF ADJUSTMENTOF THE CITY OF OWASSO, OKLAHOMA. Case Nututber OBOA-00-03 Notice is hereby given)",hat a publicheati-rig will be held before the Owasso Board, of A(,1jus' -Ut in flne Owasso ("o-ainrunity Center, 301. Sout1h. Cedar, Owasso, Oklahoirmat 7:00 pan. on the 25th day of April, 2000. At that fir-ne and place the Owasso Board of Adjustmera will consider a request from Betsye Colvard, applicam, for a SPEICIAL EXCE-Fl."ION OF r1-IE OWASSO ZONING CODE - SEC'rION iom, ro JVLLOW FOR A TNON' PER-MANENT ACCESSORY VENDOR oil property Gurrenfly zoned CS (Co-inmercial Shopping) Zoifing District. The propeqy is described as follows: L,ot 3, Block 9, Ator Heights Third Addition, Less and Except the Suut',13,134 feet and the West 98A fcel, thereof, A.11 persuns interested in t1hre above iuentioni�ed --matter are hereby notified to be preset at the Lftvc mientioned, ti-nne and. place m order to present the irai-guma-ents or or against same, Inforunation. und. maps showing the property location rr-kay be inspected in the office of t'he City. Plammier, 207 Sot t: Cedes °, Owasso, Oklahoma, 74055 , or by calling 72-2251. , Dated at Owasso, Oklahonaa, this 10th"' Day of April., 2(M. Thnothy D. Rooney Assistant City Manager 207 South Cedar PO Box 180 Owasso, OK 7055 FAX (91 8) 272-4999 Notice is hereby given that a public haoaring will be held. before the Owasso Board of Adjusurien-i. in dre Owasso Coirunrinity Center, 301. South Cedar, Owasso, 0.1dahouuua at 7;00 p.niu. on the 25th day of April 2,000. At that time and place, the Owasso Board of djuustu.rient will consider a request flom Betsy; Colvard, applicant, for a Special Exception tion of the Owasso Zoning Code _.. Sectl®uu. 1002, to allow for a non permanent accessory vendo ° on property currently zoned. CS (Con- urierclal Shopping) zorring district. p rty is described as follows: Lot 3, Block 9, Ator I.I.eights Third Addition, 1,ess aridl Except the South 134 feet and the West 8, 1 feet thereof. As an abutting or n af1by prope.ry owner, you. are being notified so that you may be able to express your views or concerns regarding this request, If your are unable to attend. this meeting, lease forward any conune is you may have in writing to tire Owasso Community Development Department, PO Box 180, Owasso, Off_ 74055. Couuumuruity Development .t Stahl` will present these comments to the Board of Adjustment members at the scheduled public hearing. Information and maps s show the property location may he inspected in the office of the Commu,nity Development Director, 207 South Cedar, Owasso, Oklahoma, 74055 our by calling This is your only personal notification of this request. Dated at Owasso, Oklahoma, this 10 "' play of April., 2000. imo Y Y Assistant City Manager CITE OF OWASSO Planning Department ar tment OBE - -04 Staff oral; GENERAL INFORMA110N REQUESTED ACTION ION AND PURPOSE, A request for a Variance to the Owasso Zoning Code, Section 430, "Bulk and Area Requirements in Residential Districts," to allow for a deviation in the required front yard setback,, LOCATION. Tne subject property is described as Lot , Block 2, Caudle Estates, further described as 10900 a 95", Street N. A subject rnap is attached for your information and review. EXISTING LAND USE. Currently, the property is undeveloped Staff Report Page 2 of 2 , RECOMMENDATION, _. Staff recornmends approvai of the Variance request which would allow tile encroachrnent into the front yard setback by 4 fecA,, I . Location map 2 Site Plan 3 egal A 4. Letters to Property Owners caudle Estates 2 00 98"1- a ( � Z ell, (Ilice- F—I crf% IN o Q" "s, ts, "EXHIBIT A" NOTICE OF A HEARING BEFORE `t.'HE BOARD OF ADJUSTMENT OF HE CITY OF OWASSO, OKLAHOMA. Notice is here by given that a public hearing will be hold betiore the Owasso Board of Adjustrfie n.t in the Owasso (oinaa -In nity Center, 301. South Cedar, Owasso, Oklalror nay at 7:00 ,n. on the 25th day of .A ril, 2-000). At that thaw and place the Owasso Board of Adjustment will CODS-1der a -,request from Joe Bolger, ap�plicant',, -tbr a VARIANCE OF THE OWASSO ZONING CODE -- SECTION 430, TO ALLOW FOR A. DEVIATION Off°` ` 11E E'QU REA D FRONT R SETBACK OF 309 on property currently zone d R. S-3 (R si annual Single Family) Zoning District. The property is described. gas tollows: I,ot 7, Block 2, Qnadlc Estates5 fbirtlier described as .10900 East 95 Street Nortta., Owasso, lclahonnas All persoi --s ba.terested in tea. e al-) e mentioned r. wetter are hereby notified to, be present at the above mentioned time and Glace in order to pr e-iit tenet° xat ur-i- wnnts :for or against s aa. e. I nforroiatio n and naps showing the property location nnay be inspected. in tie on ce of the City Planner, 207 South Cedar, Owasso, Oklahoma, 74-055, or by callirig 272-2251 Dated at Owasso, Oklahoma, this 10th ' Dey of April, 2000. Timothy D. Rooney Assistant City manager 207 SokAth Cedar O Box 180 Owasso, OK 74055 W 1 l 72 -2251 FAX (918) 272-4999 Notice i s s:: @grey give:. Clay #t a p6lic Y'tea -ring will be laeld before thi Owasso Board ofAdjus"tirier t inhe Owasso Cmriniunity (:'C ter, 301 S oudi Cedar, Owasso, Oklahoma at 7 00 par ,. on the 25th day of April 2000, At that time and place, the Owasso Board of Adjustment will consider a request frorn Jose Bolger, applicant:, for a Varimce of°the Owasso Zoning Code- Section 430 to allow for a deviation of the required f °o t yard setback of 30' on property currently zoned R.S- (Residential Single..ef^arnily f- 1_igh-II)e;a£sity) zoning district ' ; `he property -is de£scsribed as follows: I,et 'i, �.:.�loc 2, Caudle Estates Additi4,.`ia, 3ix '..the -r described as, 10900 East "' Street North, Owasso, O l.a:taema° As ara abutting or t:tear y property ciwnor, you are b ing notified Aso that you may c— able to express your views or concerns regarding this request, If you are unable to attend this iriceting, please forwardany coninients yeut may have in writing to the Owasso Community Development Department, ent, PO Box 180, Owasso, OK 74055° C orn- mu.raity Development Staff' will present these comments to the Board of Adjustment members at the scheduled public hearing. Information and maps showing the property location may be inspected in the office of the Community _development Director, 201 ,Beath Cedar, Owasso, Oklaho a, %4055 or by calling 272-225 1 ° 'f`his is your only personal notification of this request, Dated at Owasso, Oklahoma, this 10 "' day of April, 2000° Sincerely, o 6 Timothy D. T�o y Assistant City Manager - g y IL �� Jtt M -14arne of Record Owner �General Location or Address As applicant what is your interest in this property? tiPresent Owner Agent for Owner Purchaser Other -Afforney for Owner Mailing Address ..:.. v Phone Le. The, Board of Adj stmora °sas allowed to approve variances only after determining from the evidence and argurdwi nts presented that the conditions lasted below o exist., Please describe how your request satisfies each of these conditions, L Application of the zoning ordinance reguar rnents to than particular piece of property Will create an unnecessairy hardship g m There are conditions which are peculiar or spacial to this piece an the scirne zoning distract, NIN" roperty which do not apply to other properties Po I The variance, if granted, will not cause substantial detriment to the public good or impair the purpose and intent �.� of the zoning ordinance or the comprehensive plan, Present U56% � � Present Zonin02 ME CITE' Or=s OWASSO Planning Department OBOA-00-05 Staff Report APPLICANT/STATUS OF APPLICANT: Dwigh-i., and Kathleen Pedorson, applicant, REQUESTED ACTION AND PURPOSE, A requestil'or a Variance to the Owasso Zoning Code Section 240.2 prPerinitted Yard Obstructions in Residential Districts" to allow for the construction of a 960 square foot detached c ory building on property currently zone A (Agriculture). LOCATION AND SIZE. The subject property is described as Lot 17, Block 5, Hillside Estates Addition, Owasso, Oklahoma; urther scri as 9515 E -11311, Street North. in order to limit the size of accessory structures in higher density residential districts. For instance, the minimum lot size in an RS-3 district is 7,000 square feet, The ability for a resident within an RS-3 district to construct larger than a 950 square toot detached garage is limited because of available space. However, the applicant's request i for 960 square took; detached garage on a lot with a square footage totaling '18,375 square feet. This ould not appear-to be "too large" as a considerable ..Duet of open space would be rernaining on the subjlect property. The applicants have indicated within their application that the color of the garage would match the existing structure. Staff would recommend that the Board attach that requirement as a condition of any approval, In addition to the color scheme of the new building, staff would also ask the Board of Adjustment to consider the root height of the proposed structure. If the height of the root on this structure is substantially higher than that of the dwelling, or even surrounding dwellings, it can have a visual impact, Staff would recommend that the Board limit the root height of the now structure to that welch is equal to or less than the height of the roof on the existing dwelling, Letters were sent to surrounding property owners regarding the request. The legal advertisement was published in the Owasso Reporter. Copies of the letter and legal advertisement are attached for your information and review, Staff received several phone calls regarding this case. Callers wanted to know how the request would effect them, and what the applicant planned to Ito with the structure. Staff recommends a pproval of the variance request to construct a detached accessory structure not to exceed 960 square feet with the following conditions- 1 a The color of the garage stall match the existing dwelling. 2. he root' height of the new structure shall be limited to that which is equal to or less than the height of the root on the existing dwelling. ATTACHMENTS: Hillside estates 207 South Cedav PO Box 180 Owasso, 0K 74055 NU110E TO PROPERTY . OWNER OA-00 -05 1018) 272 -2251 FAX M18) 272-4999 Notice s fie.4:eby given that a pub, hearing will be held before the Owasso" Board of Adjustm"e.'a' .11. 1hcq Owasso 001111 -I nily Center, 301 South Cedar, Owasso, Ok- latuom a '7 :00 p.m. on the 25th play of April 20W Al that time and place;, the Owasso Board of Adjustrac,%iit will consider a. request from l: wiglit a d Kathleen Pederson, applicant, for a Vaj.-iance of the Owasso Zoning Code Section 240, t0 allow for a deviation Of the maximum square footage permitted for Wn accessory structure of 750 s Lia:re feed; on property currently zoned AG (Agriculture) zoning district, t, 'Flic property is described as f6flows- 1 ,ot 113, Blo( k 5, 1-fillside Estates, fiarther described 9515 K 113 "' Strut North,, Owasso. As an abutting or eafby property owner, you are being notified s0 that you aay be able to express your views or concerns regarding this request. If you are unable t0 attend this meeting, please forward any comments you may have in writing to the Owasso Community Development Department, PO Box 180, Owasso, Off. 74055. Community Development Staff will present these; comments to the Board Of Adjustment members at the scheduled public hearing. Information and maps showing the property location may be inspected in the office of the Community ity Develop e t Director, 207 South Cedar, Owasso, Oklahoma, 14055 or by calling 2124 -2251 a this is your only personal notification of this request. Dated at Owasso, Oklahoma, this 10'' day of April, 20000 l Timothy D. Ro y Assistant City M inager NonCE Of, A HEARING BEFORE THE BOARD OF ADJUSTMENT OF HE crry OF O AS O, OKLAHOMA, Case :1 urn- er OBOA - -0 -05 Notice is hereby giver that a public hearing will be h.eld before the Owasso Board of Adju-str-nei-rit in the Owasso Co"s` ajr -ria ity (Center 301. Soutla Cedar, Owasso, Oldalwn-aa a-j. 7�00 p.m, on the 25th day of April, 2000, At that th-ne and place the Owasso Board of Adjtj st ca:t will consider a arccjucst: f'rtri, wigl4t and Kathle a�- Pederson, applicant, for a VARIANCE E OF THE OWASSO ZONING CODE - SEC'n-ON 240, TO ALLOW FOR A DEVIATION OF MAXIMUM SQUARE FOOTAGE RMITTED FOR / -P4 ACCESSORY STRUCTUR F OF 7 SQUARE FL T on properly currently ;gone A (, grif.;vilt'a e) Zonirig District. The rope °ty is describe d as follows: Lot 17, Block 5, Hillside Estates, farther described as 95]1.5 E, I J-3 Street North, Owasso, Oklahoma. All persons interested jai. the above rn ntione . matter eve hereby aotified to be present at the a0bov ; : efi -oned t rric and place in order to present thew atgUn -9 -C Ats or or °.a sai st saurne. Ir�:f rmation and, maps sh-owing the property location may be inspected in the office of the City Plamier, 207 Suat k Cedar, Owasso, Oldalio -,tm , ` 40559 or by calling 272 -2251, Dated at Owasso, Oklahoma, this 10th"' Day of April, 2000. Tin othy D. Rooney Assistant City Manager APPLICATION FOR ZONING VARIANCE BOARD OF CITY OF OWASSO S.T.R. County - THE FOLLOWING INFORMATION IS TO BE SUPPLIED BY APPLICANT W 16( attach any plea plans, photographs and other factual information which will Bassist the Board on determining he aa, .irits of your request. Present Owner Agent otat for Owner Attorney for Owner The Board of Adjustatont is allowed to approve variances only after determining from the evidence and arguments presented that the conditions listed below do exist. Please describe how your request satisfies each of these conditioaa& to Application of the zoning ardinance requirements to this particular piece of prop rty will greats .an, unnecessary hardships There are conditions which Caro Peculiar or SpOcial to than piece of property which do not apply to other properties in the same zoning district, 3. The variance, of granted, will not cause substantial detriment to the public good or impair the purpose and intent of the zoning ordinance or the comprehensive plan. Application ieve Dd Present Use- Present Zonings Date