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HomeMy WebLinkAbout2017.06.27_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 June 27, 2017 RECEIVED 6:00 PM Old Central, 109 North Birch JUN 2 2101 Marsha Hensley City Clerk's J Assistant City Planner S� Filed in the office of the Owasso City Clerk and posted at City Hall, 200 South Main (west entrance) at 1:00 PM on the 22 "d day of June, 2017. Marsha Hensley, Assistant City Pl OWASSO BOARD OF ADJUSTMENT Tuesday, June 27, 2017, 6:00 PM Old Central, 109 N. Birch AGENDA Call to Order 2. Roll Call 3. Approval of Minutes from the February 28, 2017 Regular Meeting. 4. Election of Board of Adjustment Chairperson 5. Election of Board of Adjustment Vice Chairperson BOARD OF ADJUSTMENT PUBLIC HEARING 6. OBOA 17 -02 — Variance Request — Kolt Systems - Consideration and appropriate action related to a request for approval of a variance to allow a 2' reduction of the northern sideyard setback on a RS -3 (residential single - family) zoned lot and a 1' reduction to the front 25' building setback line for property located at 8202 North 74`x' East Ave (Lot 61, Block 3, Carrington Pointe II), a subdivision of Owasso, OK, Tulsa County. The subject property is zoned RS -3 (Residential Single - family). OBOA 17 -03 — Variance Request — Tanner Consulting — Consideration and appropriate action related to a request for approval of a variance to Zoning Code (Section 9.1.3) to allow a variance from the paved parking requirement. The subject property is zoned IL (Industrial Light). 8. Report from Community Development Director 9. Report from Board of Adjustment Members 10. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 11. Adjournment PUBLIC NOTICE OF THE MEETING OF THE OWASSO BOARD OF ADJUSTMENT TYPE OF MEETING: DATE: TIME: PLACE: NOTICE FILED BY: TITLE: Regular June 27, 2017 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 City Hall, 200 South Main (west entrance) at 1:00 PM on the 22 "d day of June, 2017. ���rl Marsha Hensley, Assistant City Plan4r OWASSO BOARD OF ADJUSTMENT Tuesday, June 27, 2017, 6:00 PM Old Central, 109 N. Birch AGENDA Call to Order 2. Roll Call Approval of Minutes from the February 28, 2017 Regular Meeting. 4. Election of Board of Adjustment Chairperson 5. Election of Board of Adjustment Vice Chairperson BOARD OF ADJUSTMENT PUBLIC HEARING 6. OBOA 17 -02 - Variance Request — Kolt Systems - Consideration and appropriate action related to a request for approval of a variance to allow a 2' reduction of the northern sideyard setback on a RS -3 (residential single- family) zoned lot and a 1' reduction to the front 25' building setback line for property located at 8202 North 74th East Ave (Lot 61, Block 3, Carrington Pointe II), a subdivision of Owasso, OK, Tulsa County. The subject property is zoned RS -3 (Residential Single - family). 7. OBOA 17 -03 — Variance Request — Tanner Consulting — Consideration and appropriate action related to a request for approval of a variance to Zoning Code (Section 9.1.3) to allow a variance from the paved parking requirement. The subject property is zoned IL (Industrial Light). 8. Report from Community Development Director 9. Report from Board of Adjustment Members 10. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 11. Adjournment -1 PaoPta• Root COXo ,Reel Cam %Unity TO: Owasso Board of Adjustment FROM: Morgan Pemberton Planning Technician SUBJECT: OBOA 17 -02— Setback Variance -8202 N 74th E Ave DATE: June 27, 2017 BACKGROUND: The City of Owasso received a request for a variance for a home that was inadvertently constructed over the 5 foot side yard building setback line and the twenty -five (25) foot front building setback line. The variance is specifically for a two (2) foot setback encroachment into the side yard setback and for a 1 foot setback encroachment into the front building setback. The subject property is located at 8202 North 741h East Ave, on Lot 61, Block 3 of Carrington Pointe II. SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North RS -3 (Residential Single- Residential Residential City of Owasso Family High Density South RS -3 (Residential Single- Residential Residential City of Owasso Family High Density East RS -3 (Residential Single- Residential Residential City of Owasso Family High Density West RS -3 (Residential Single- Residential Residential City of Owasso Family High Density SUBJECT PROPERTY /PROJECT DATA: Property Size 0.18 Acres Current Zoning RS -3 Residential Single-Family High Density) Proposed Use Single-Family Residential Water Provider Washington County Rural Water District #3 APPROVAL PROCESS: 1270.3 Board of Adiustment Action A variance from the terms, standards and criteria that pertain to an allowed use category within a zoning district as authorized by the Zoning Code may be granted, in whole, in part, or upon reasonable conditions as provided in this Article, only upon a finding by the Board of Adjustment that: 1. The application of the Code to the particular piece of property would create an unnecessary hardship; 2. Such conditions are peculiar to the particular piece of property involved; Raal Poopla • Real CLaaclar • RCal Cammunlly 3. Relief, if granted, would not cause substantial detriment to the public good, or impair the purposes and intent of the Code or the Comprehensive Plan; and 4. The variance, if granted, would be the minimum necessary to alleviate the unnecessary hardship. 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 requires that homes maintain a minimum five (5) foot side yard setback within the RS -3 (Residential Single- Family High Density) zoning district. This means that the structure must be set at least five (5) feet away from the side property lines. Homes in RS -3 districts must also maintain a 25 foot setback from the street right -of -way at the front property line. Recently a single - family residence was constructed on the subject property by Kolt Systems. The north side of the structure was built into the 5 foot side yard setback by 23 inches, or 1.92 feet, on the northwest corner and 9 inches, or 0.75 feet, on the northeast corner. The applicant is requesting a variance of 24 inches, or two (2) feet, for the entire side yard setback. The building was also built 8 inches, or 0.67 feet, into the twenty -five (25) foot front building setback line on the east side of the structure. The applicant is also requesting a variance for 12 inches, or one (1) foot, of the front building setback line. This variance, if approved, brings the structure into compliance with the Bulk and Area Requirements for Residential- Single - Family High Density Districts of the Owasso Zoning Code. As with any variance request, the determination must be made that the request meets each of the four (4) 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. Unnecessary hardship would result from the strict enforcement of standard Bulk and Area Requirements on the subject property because it would create a cloud on the property title and render the home unsellable. 2. Such conditions are peculiar to the particular piece of property involved. The conditions in this case are peculiar to the subject property as this variance request deals with one specific structure on one specific lot. It would not apply to any other structures or property. 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. There would be no detriment to the public good or impairment to the purposes of the Zoning Code and Land Use Master Plan as the effects of this variance would only apply to the subject property. It has been determined by the Community Development Department that the variance, if granted, would not have adverse effects on other characteristics of the property, such as drainage, utilities, and easements. Also, the variance would not have adverse effects on the neighboring residential lots. 4. The variance, if granted, would be the minimum necessary to alleviate the unnecessary hardship. The variance request is specific and restrained. It intends to provide relief only for the encroachments into the side yard and front building yard setbacks, which are 1e^)wAJ95V Rml P.w. • Real Cimodor • Real Community necessary to bring the structure into compliance with requirements set forth by the Zoning Code. In conclusion, staff finds that this particular variance request meets the four (4) criteria of the State Statues and Owasso Zoning Code. This request for a variance is being made due to an error during the construction of the home, and was not intentional in nature. Granting of the variance will not impact current utilities or easements on the property. 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. As of the writing of this report, staff did not receive any calls from citizens concerning this case. RECOMMENDATION: Staff recommends approval of OBOA 17 -02, a variance for the five (5) foot side yard building setback line and the front twenty -five (25) foot building setback line on the subject property. ATTACHMENTS: Area Map Aerial Map Property Survey N 0 A • 1 m ;I (I U 1 f y) i i , l J u o I f I 1 I ILL W I I I I 3u' m �iI U jj ro ro N I C 3 (il! Ir I j A L t z_.. O L i N I RZI 1 Ip CI ! n i i rr a I I o L N c - � a ! CIA FIBR N � l�,J 1 _� alo 1711 _I I 1 � •. .��' 1 a.� i i ( __.. _.__ I i � l i I 1 I _I s w q 25� a to LAJ 9 12,2.64' MFI S HEM 3 cNa� . 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Specifically, the request is to allow for the use of gravel in -lieu of asphalt or concrete for the proposed placement of excess vehicle inventory storage as part of the new Jim Glover Dodge dealership located at 10505 N Owasso Expressway. The subject property, located at approximately N 115th E Ave is zoned Industrial Light (IL) and was annexed under Ordinances 1078 and 1079. SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North CH (Commercial Heavy) Commercial/ Retail Commercial City of Owasso South IL Industrial Light) Undeveloped Industrial City of Owasso East RE Residential Estate Residential Residential Tulsa Count West AG A 6culture Transportation Transportation City of Owasso SUBJECT PROPERTY /PROJECT DATA: Lot Size 16.1 Acres Total 3.0 Acres Developed Area Current Zonin IL Industrial Light) Proposed Structure Vehicle Storage Within PUD? No Within Overlay District? No Water Provider City of Owasso APPROVAL PROCESS: 1270.3 Board of Adjustment Action A variance from the terms, standards and criteria that pertain to an allowed use category within a zoning district as authorized by the Zoning Code may be granted, in whole, in part, or upon reasonable conditions as provided in this Article, only upon a finding by the Board of Adjustment that: 1. The application of the Code to the particular piece of property would create an unnecessary hardship; 2. Such conditions are peculiar to the particular piece of property involved; Rmt PeoPla • Raal Chnmator Real Community 3. Relief, if granted, would not cause substantial detriment to the public good, or impair the purposes and intent of the Code or the Comprehensive Plan; and 4. The variance, if granted, would be the minimum necessary to alleviate the unnecessary Hardship. 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 Chapter 9, Parking, Section 9.1.3 Surfacing, states "all parking stalls shall be constructed of concrete or asphalt ". While the proposed use of vehicle storage in connection with Automobile Sales is compatible with the IL zoning district, the gravel surfacing is not a permitted parking surface as per the above referenced section of the Zoning Code. In most situations where a lot is zoned either commercial or industrial, it is assumed that a permanent structure will be built and adequate hard surface parking will be available for customers and employees. However, in this situation there will be no permanent structures built on the site at this time. Rather, the subject property, according to the information provided by the applicant, will be used for vehicle overflow storage and a portion of the property for a testing facility for off -road vehicles whereby customers from the new Glover Dodge Dealership may test drive vehicles. The applicant plans to construct a new vehicle dealership on the subject site in the future and does not want to pave the site now only for it to be torn out in a few years to accommodate construction of a permanent facility. Given the information provided, this situation is somewhat unique and can be considered an exceptional situation. The site plan provided indicates that there will be three (3) acres of inventory storage placed on a gravel pad with filter fabric beneath. The off road course surrounding the parking area to the north, east, and south. There will be two entrances into the site, with the northernmost one emergency access only. No access is proposed to 117th E Ave at this time and staff is not in favor of ever allowing any connection to this road except for emergency vehicles. A security fence is proposed to surround the parking area and a 20 foot landscape yard is proposed to run along the frontage of the property with landscape areas as indicated on the attached site plan. No sanitary sewer service will be run into the property as there will be no structures built requiring sewer connection. Temporary security lighting is proposed around the area that will be used for vehicle storage and a lighting plan will have to meet Community Development approval. The applicant indicates this use will be temporary in nature, as there are plans to eventually develop the property into a permanent use, which at that point would trigger the hard surface parking requirement. As with any variance request, the determination must be made that the request meets each of the four (4) 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. Strict application of the ordinance appears to create an unnecessary hardship as the requirement for hard surface parking is designed to minimize excessive dust and provide the public a clean mud free surface to park on. In this case, the use indicated is temporary in nature and any dust will be kept to a minimum to ensure the quality of the merchandise stored there. Additionally, requiring a s (�el PeaPle • Raal Character • Real Community hard surface at this time only for it to be removed a few years from now could be considered an unnecessary hardship. 2. Such conditions are peculiar to the particular piece of property involved. The conditions can be considered peculiar to the property in the sense that future development of the property will more than likely alter the shape of the parking area in question as future final designs are prepared. 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 granted, it would not cause a detriment to the public good and would not impair the purpose and intent of the ordinance or the Comprehensive Plan. The Long Range Master Plan (Comprehensive Plan) calls this area out for Commercial and Industrial /Regional Employment uses, both of which are high intensity uses. Additionally the closet point of the proposed develop area to a residential area is nearly 400 feet. Whenever, the site becomes fully developed, buildings and parking areas will most likely be closer. The variance request, if approved, will not change the use to something that is inconsistent with the Comprehensive Plan. 4. The variance, if granted, would be the minimum necessary to alleviate the unnecessary hardship. Allowing the parking surface to be gravel, for the reasons outlined above, appears to be the minimum necessary to alleviate the hardship. Requiring a hard surface parking lot for the amount of area in question that is likely to be redeveloped into a permanent use in the next few years would be overly burdensome and unnecessary. In conclusion, staff finds that this particular variance request meets the four (4) criteria of the State Statues and 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. As of the writing of this report, staff did not receive any calls from citizens concerning this case. If the Board approves the variance, staff recommends some additional conditions be added as part of the approval. RECOMMENDATION: Staff recommends approval of OBOA 17 -03 with the following conditions: 1. The site shall be developed according to the final approved site plan. 2. Any signage shall adhere to the Owasso Zoning Code and be secured through a sign permit 3. Alighting plan shall be submitted for review and approval. 4. Dust control measures shall be employed throughout the duration of the use with frequent sprinklings of water or utilizing other dust control compounds. 5. Hours of operation shall be limited to 8 AM to 8 PM. ATTACHMENTS: Aerial Map Supplemental Document from the Applicant M C) N IA A Mp APPLICATION FOR VARIANCE OBOA 17- 03 Glover 76th Street North APPROXIMATELY 16.160 ACRES 7400 -Block of N. Owasso Expressway OWASSO, OKLAHOMA R 14 E JUNE 2017 OWNER: GLOVER REAL ESTATE LAWTON, LLC 8130 E. SKELLY DR. TULSA, OK 74129 MKNIGHT @JIMGLOVERCHEVYCOM APPLICANT / CONSULTANT: TANNER CONSULTING LLC c/o ERIK ENYART 5323 S LEWIS AVE TULSA, OK 74105 EENYART @TANN ERBAITSHOP. COM TABLE OF CONTENTS I. PROPERTY DESCRIPTION ......................................................................... ............................... 2 II. PROJECT CONCEPT .................................................................................... ............................... 3 EXHIBIT LIST: Exhibit A: Aerial Photography & Boundary Depiction .................................... ............................... 4 Exhibit B: Conceptual Site Plan ..................................................................... ............................... 5 III. TESTS AND STANDARDS FOR GRANTING VARIANCE ........................... ............................... 6 1 OBOA 17 -03 TANNER CONSULTING LLC, CERTIFICATE OF AUTHORIZATION NO. CA 2661 JUNE 2017 5323 S LEWIS AVE, TULSA, OK 74105 1918.745.9929 I. PROPERTY DESCRIPTION The subject property consists of 16.160 acres located at 7400 -block of North Owasso Expressway, in the City of Owasso, Oklahoma, and is more particularly described within the following statement: A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER (NW /4) OF SECTION THIRTY -TWO (32) OF TOWNSHIP TWENTY -ONE (21) NORTH AND RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN (I.B. &M.), ACCORDING TO THE U.S. GOVERNMENT SURVEY, THEREOF, TULSA COUNTY, STATE OF OKLAHOMA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF THE NW /4 OF SEC. 32, T -21 -N, R -14 -E, I.B. &M.; THENCE S 01 °19'45" E A DISTANCE OF 660.88 FEET TO THE NW CORNER OF THE SW /4 NW /4 OF SAID NW /4; THENCE N 88 °50'20" E ALONG THE NORTH LINE OF SAID SW /4 NW /4 NW /4 A DISTANCE OF 289.10 FEET TO THE POINT OF BEGINNING ON THE PRESENT EASTERLY RIGHT -OF -WAY OF U.S. HIGHWAY 169; THENCE N 88 050'20" E A DISTANCE OF 373.64 FEET TO THE SW CORNER OF THE NE 14 NW /4 OF SAID NW 14; THENCE N 01 °17'53" W ALONG THE WEST LINE OF SAID NE /4 NW14 NW 14 A DISTANCE OF 260.00 FEET; THENCE N 88 °50'20" E A DISTANCE OF 483.00 FEET; THENCE S 01 °17'53" E A DISTANCE OF 590.12 FEET TO THE SOUTH LINE OF THE N/2 SE /4 NW /4 OF SAID NW /4; THENCE N 88 °49'23" E A DISTANCE OF 179.57 FEET TO THE NE CORNER OF THE SE /4 SE /4 NW /4 OF SAID NW /4; THENCE S 01 °16'01" E ALONG THE EAST LINE OF SAID NW /4 A DISTANCE OF 40.00 FEET; THENCE S 88 °49'23" W A DISTANCE OF 331.27 FEET TO THE EAST LINE OF THE SW 14 SE /4 NW /4 OF SAID NW /4; THENCE S 01'16'57" E A DISTANCE OF 290.17 FEET TO THE SE CORNER OF SAID SW /4 SE /4 NW /4 NW 14; THENCE S 88 °48'26" W ALONG THE SOUTH LINE OF THE NW /4 OF SAID NW /4 A DISTANCE OF 824.08 FEET TO SAID PRESENT EASTERLY RIGHT -OF -WAY OF U.S. HIGHWAY 169; THENCE N 01 °19'45" W ALONG SAID PRESENT EASTERLY RIGHT -OF -WAY OF U.S. HIGHWAY 169 A DISTANCE OF 65.70 FEET; THENCE N 06 °50'29" E ALONG SAID PRESENT EASTERLY RIGHT -OF -WAY OF U.S. HIGHWAY 169 A DISTANCE OF 360.39 FEET; THENCE N 14 °42'01" E ALONG SAID PRESENT EASTERLY RIGHT -OF -WAY OF U.S. HIGHWAY 169 A DISTANCE OF 247.64 FEET TO THE POINT OF BEGINNING, AND CONTAINING 16.160 ACRES, MORE OR LESS. SAID TRACT CONTAINS 703,948 SQUARE FEET OR 16.160 ACRES The above described property will hereinafter be referred to as the "Site" or "Subject Property" and is depicted on Exhibit A, "Aerial Photography & Boundary Depiction." OBOA 17 -03 TANNER CONSULTING L-C, CERTIFICATE OF AUTHORIZATION NO. CA 2661 JUNE 2017 5323 S LEWIS AVE, TULSA, OK 74105 1918.745.9929 II. PROJECT CONCEPT In 2016, Glover Real Estate Lawton, LLC ( "Glover ") acquired the subject property of 16.160 acres at the 7400 -block of N. Owasso Expressway. Also in 2016, Glover acquired and began developing a new Chrysler Dodge Jeep Ram and Fiat ( CDJRF) dealership on 5.00 acres at 10505 N. Owasso Expressway. The subject property was acquired with the future intent to develop a large commercial business, and, at this time, a gravel overflow automobile storage area supporting the CDJRF dealership and an offroad demonstration course. The gravel storage area will be removed when the property is developed, but the demonstration course will continue to be utilized. The subject property has frontage on the N. Owasso Expressway service road (N. 1151, E. Ave.) and N. 1171h E. Ave., and is zoned IL Light Industrial District, with a "panhandle" piece extending to 11711 E. Ave. zoned RE Residential Estate District. Both the demonstration course and the gravel storage improvements will be located along the western side of the acreage and will access the highway service road exclusively; no access to 117'^ E. Ave. is planned at this time. Exhibit B, attached, is a conceptual site plan reflecting today's proposed improvements. The subject property is primarily vacant with a 62' by 40' metal building constructed in 1977, per Tulsa County Assessor's parcel records, and certain concrete pads from former uses. The surrounding area contains a mix of zoning districts and land uses. Abutting to the north are several commercial uses oriented to the 76th St. N. and Owasso Expressway intersection, zoned commercial. To the east are rural residential tracts along 1171h E. Ave. in unincorporated Tulsa County. Properties to the south are zoned IL in unincorporated Tulsa County and are industrial or heavy commercial in use. N. Owasso Expressway (U.S. Highway 169) with its service road bounds the property to the west. The Exhibit A Aerial Photography & Boundary Depiction reflects the subject property and surrounding areas. While the storage and demonstration course uses are supported by current IL zoning, gravel surfacing for the storage area is prohibited by Zoning Code Section 9.1.3, and other Zoning Code regulations may also prohibit same. Section III of this narrative explains how the requested temporary variance from paved parking requirement meets the tests and standards for same under State Statutes and the Owasso Zoning Code. OBOA 17 -03 TANNER CONSULTING LLC, CERTIFICATE OF AUTHORIZATION NO. CA 2661 JUNE 2017 5323 S LEWIS AVE, TULSA, OK 74105 1918.745.9929 Glover 76th Street North ON: II -1kr_1 AERIAL PHOTOGRAPHY & BOUNDARY DEPICTION 4 OBOA 17 -_ TANNER CONSULTING LLC, CERTIFICATE OFAUTHORIZATION NO. CA 2661 • JUNE 2017 5323 S LEWIS AVE, TULSA, OK 74105 1918.746.9929 NORTH �C %§ , i , MIN -oil m� e mao r {�.$=w ©dx mwm � < k 4V°N Ra4Sm9 22jE) /( \\ � 2) § \) )) \ (() gQ S \} \/ � III. TESTS AND STANDARDS FOR GRANTING VARIANCE While automobiles will be stored in an orderly manner within the gravel storage area, all sales will occur at the CDJRF dealership at 10505 N. Owasso Expressway. For multiple reasons, the storage area has been designed as close to the highway as possible, respecting a 20' landscape buffer as shown on the conceptual site plan on Exhibit B. Early conceptual designs for the future potential development onsite would result in the removal of certain gravel areas close to the highway. When the future potential development is built, most, if not all, of the gravel will need to be removed. Requiring storage areas be paved today would result in an unnecessary hardship as such would represent an unnecessary expense to design and construct, which expense will be lost upon removal for the construction of the future potential development, and the cost to remove paving greatly exceeds that of gravel. At 16.160 acres, the subject property is an exceptionally large site for the future potential development. As development tracts increase in size, the range of design options increases exponentially. Early conceptual designs for the future potential development will most certainly change as site design proceeds and so future parking areas cannot be anticipated with reasonable certainty. Thus, this condition is peculiar to the subject property and not generally applicable to smaller tracts in the same zoning district or otherwise similarly situated. The paving requirement of the Owasso Zoning Code, and of other zoning regulations generally, was likely primarily designed to prevent the generation of dust from regular use at high speeds in dry conditions. In one passage, the Owasso Zoning Code defines paving in terms of being dust free. The gravel storage area will not be as heavily trafficked as a customary commercial parking lot. Further, it will be maintained in a dust free condition to ensure the quality of the inventory. The Comprehensive Plan does not appear to address the matter of parking surfacing. Finally, the variance requested is temporary, and the gravel surfacing will be removed when the site is developed with a more permanent use. In furtherance of the temporary nature of the variance requested, the owner agrees that the variance shall expire the sooner of (a) the construction and occupancy of a building pursuant to the issuance of a building permit on any tract or lot containing the gravel storage area or (b) December 31, 2025. The variance requested is qualitative, and not quantitative in nature, but in any event, a temporary variance utilizing gravel surfacing should be recognized as the minimum necessary to alleviate the unnecessary hardship. For all the reasons above, we believe that, (1) application of the zoning ordinance requirements to the subject property will create unnecessary hardship, (2) there are conditions peculiar to the subject property that do not apply to other properties in the same zoning district, (3) that the variance requested is the minimum necessary to alleviate the unnecessary hardship, (4) that the variance to be granted will not cause substantial detriment to the public good or impair the purposes or intent of the Zoning Code or the Comprehensive Plan. OBOA 17 -03 TANNER CONSULTING LLC, CERTIFICATE OF AUTHORIZATION NO. CA 2661 JUNE 2017 5323 S LEWIS AVE, TULSA, OK 74105 1 918.745.9929