HomeMy WebLinkAbout2017.08.22_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
August 22, 2017
6:00 PM
Old Central, 109 North Birch
Marsha Hensley
Assistant City Planner
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Filed in the office of the Owasso City Clerk and posted at City Hall, 200 South Main (west
side), Owasso, OK at 2:00 PM on the 17`h day of August, 2017.
Marsha Hensley, Assistant City Pl er
OWASSO BOARD OF ADJUSTMENT
Tuesday, August 22, 2017, 6:00 PM
Old Central, 109 N. Birch
AGENDA
1. Call to Order
2. Roll Call
3. Approval of Minutes from the June 27, 2017 Regular Meeting.
BOARD OF ADJUSTMENT PUBLIC HEARING
4. OBOA 17 -05 — Variance Request — A to Z Holdines - Consideration and
appropriate action related to a request for approval of a variance that allows a two (2)
foot encroachment into the front building line setback. The property is located at
9800 E 97°i PI N (Lot 7, Block 5, Honey Creek at Bailey Ranch), a subdivision of
Owasso, OK, Tulsa County. The subject property is zoned RS -3 (Residential
Single - family).
5. Report from Community Development Director
6. Report from Board of Adjustment Members
7. New Business (New Business is any item of business which could not have been
foreseen at the time of posting of the agenda)
8. Adjournment
PUBLIC NOTICE OF THE MEETING OF THE
OWASSO BOARD OF ADJUSTMENT
TYPE OF MEETING:
DATE:
TIME:
PLACE:
NOTICE FILED BY:
TITLE:
Regular o o
August 22, 2017 ga ce
6:00 PM II 1911 ?
Old Central, 109 North Birch pUG
Marsha Hensley G�eto OWIG
Assistant City Planner 00
Filed in the office of the Owasso City Clerk and posted at City Hall, 200 South Main (west
side), Owasso, OK at 2:00 PM on the 17`" day of August, 2017.
Marsha Hensley, Assistant City Planner
OWASSO BOARD OF ADJUSTMENT
Tuesday, August 22, 2017, 6:00 PM
Old Central, 109 N. Birch
ICe1Nl411310
1. Call to Order
2. Roll Call
3. Approval of Minutes from the June 27, 2017 Regular Meeting.
BOARD OF ADJUSTMENT PUBLIC HEARING
4. OBOA 17 -05 — Variance Request — A to Z Holdings - Consideration and
appropriate action related to a request for approval of a variance that allows a two (2)
foot encroachment into the front building line setback. The property is located at
9800 E 97`h PI N (Lot 7, Block 5, Honey Creek at Bailey Ranch), a subdivision of
Owasso, OK, Tulsa County. The subject property is zoned RS -3 (Residential
Single - family).
5. Report from Community Development Director
6. Report from Board of Adjustment Members
New Business (New Business is any item of business which could not have been
foreseen at the time of posting of the agenda)
8. Adjournment
( IWAS'5c;>
Real Paaplo• Real Cham RCal Commonlly
TO:
Owasso Board of Adjustment
FROM:
Karl A. Fritschen RLA, AICP
Jurisdiction
Planning Manager
SUBJECT:
OBOA 17 -05 - Setback Variance - 9800 E 971h St N
DATE:
August 22, 2017
BACKGROUND:
The City of Owasso received a request for a Variance from A to Z Holdings, LLC for a home that
was inadvertently constructed over the front twenty -five (25) foot front building setback line. The
Variance is specifically for a two (2) foot encroachment into the front building line setback. The
subject property is located at 9800 E 971h PI N (Lot 7, Block 5 of Honey Creek at Bailey Ranch).
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
RMH (Residential Mobile
Residential
Residential
Tulsa County
Home
SUBJECT PROPERTY /PROJECT DATA:
Property Size
0.198 Acres
Current Zoning
RS -3 Residential Single-Family High Density)
Proposed Use
Single-Family Residential
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;
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
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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 single- family detached homes maintain a
minimum twenty -five (25) foot front yard setback within the RS -3 (Residential Single - Family High
Density) zoning district. This means that the structure must be set at least twenty -five (25) feet
away from the front setback line, which is measured from the street right -of -way at the front
property line.
In this particular case it was discovered that the house at this address was built two (2) feet over
the front setback on the southeast corner of the home. The variance allowing the
encroachment into the front setback is needed to ensure clear title to the property.
Additionally, the 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:
7. The application of the Code 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
an issue with the property title and in this specific case the lender will not close the loan
on this property.
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. An error was made during the survey staking of the
footings some years ago and is only now being discovered. The Variance 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 Zoning Code 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 encroachment into the front building yard setback, which is 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
Oklahoma State Statue and Owasso Zoning Code.
R<al Paoplo •Real GLaacmr • Roal GOMMWllly
This request for a Variance is being made due to an error during the construction of the home
several years ago, was only caught due to a recent mortgage survey, 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 has not received any calls from citizens concerning this case.
RECOMMENDATION:
Staff recommends approval of OBOA 17 -05, granting a Variance that allows a two (2) foot
encroachment of the southeast corner of the structure into the twenty -five (25) foot front yard
building setback line on the subject property.
ATTACHMENTS:
Aerial Map
Mortgage Survey Exhibit
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SCALE: V = 40'
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0' 20' 40'
MORTGAGE INSPECTION REPORT
ERTY ADDRESS: 9800 EAST 97TH PLACE NORTH, OWASSO, OK 9
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CURB
LENGTH
Cl
27.69'
C2
13.92'
C3
2238'
LINETYPE LEGEND
ROAD SUBJECT
EASEMENT LINE _ CENTERLINE BOUNDARY LINE
LEGAL DESCRIPTION:
LOT SEVEN (7), BLOCK FNE (5), HONEY CREEK AT BNGEY RANCH, A
SUBOMSION IN THE CW OF OWASSO, TULSA COUNTY 51AIE OF OlOAROMA,
ACCORDING TO TH£ RECORDED PEAT THEREOF.
C.
4.
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SITE PHOTO:
SCHEDULE B ITEMS:
AS SHOWN WHIM APEX RR£ & CLOSING SMCES, LLC TRLE COIAVI.ENT
NG: 17108069, BEARING AN OF CTNE DATE OF JULY 15, 2017
J.1) PLAT N0. 5594, BOOK 6690, PAGE 256. AFFECTS PROPERTY,
J.2) BOOK 6701. PAGE 2376. DOS NOT AFFECT PROPONY.
3J) BOOK 6704, PAGE 455 DOES NOT AFFECT PROPERX
34) BOOK 6734, PACE 150. L NOT AFFECT PROPERN.
55) BOOK 6743„ PAGE 1657. BPS NOT AFFECT PROPERTY.
3.6) DOCUMENT N0. 2005044515 DOS NOT MELT P,PoPERTI:
3.7) DOCUMENT NO. 2006051508. CANNOT BE DEGFNMINf
04) BOOK 5665, PAGE 2036. DOS NOT MELT PROPER!):
BUILDING FOOTPRWT SHOWN HEREON IS APPROXIMATE IN HAWS AND DOS NOT INCLUDE THE ARCHBEC"L FEATURES, IF ANK OP THE SUL Av-
EXISTING BUILDING APPEARS TO EXTEND INTO BUILDING SET84CK ONE 2 FEET, MORE OR LESS, AS SHOWN.
5510
E Nq(
THIS MORTGAGE INSPECTION REPORT WAS PREPARED FOR APEK TITLE &
CLOSING SERWCC$ LLC D IS NOT A LWD OR BOUNDARY SURVEY PLAT,
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AND IT IS NOT TO BE RELIED UPON FOR ME E5TA6OSHM£NT OF FENCE;
BUILDING, OR OTHER NTURE IMPROVEMENT LINES. THE ACCO.MPANHNG.
SKETCH IS A TRUE REPRESENTATION OF THE CONODIONS THAT WERE
I
DAVID LM.
FOUND AT THE DME OF WE WSPECTION, AND THE LINEAR AND ANGULAR
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VALUES SHOWN ON THE SKETCH IF ANY, ARE BASED ON THE RECORD
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OR DEEP INFORMATION AND HAVE NOT BEEN VERIET£D UNLESS NOTED.
310
FLOOD INFO.:
BY GRAPHIC PLOTTING ONLY, THLS PROPERTY ? IN ZONE(S) X- OF THE
RED PLAINS LENDER SURVEYS
EEOOD INSURANCE RATE MAP, COML,IUNITY PANEL NO. 4014JC 0431 L,
714FrLLeryMeph,4Ed
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WHICH BEARS AN EFFECBVE NIS OF 0810312009 AND IS NOT IN A
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SPECIAL FLOOD HAZARD AREA
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