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Home My WebLink About2018.03.27_Board Of Adjustment Agenda01.4 OF OWA rz- � D aF THE �RP� March 27, 2018 6:00 PM PUBLIC NOTICE OF THE MEETING OF THE OWASSO BOARD OF ADJUSTMENT TYPE OF MEETING: Regular ce-je, DATE: March 27, 2111 8 TIME: 6:00 PM co PLACE: Old Central, 109 N Birch NOTICE FILED BY: Marsha Hensley TITLE: Assistant City Planner Filed in the office of the Owasso City Clerk and posted at City Hall, 200 S Main (west side), Owasso, OK at 11:00 AM on the 2 0 day of March, 2018. L Af Marsha Hensley, Assistant City 1�Ianner OWASSO BOARD OF ADJUSTMENT Tuesday, March 27, 2018, 6:00 PM Old Central, 109 N Birch AGENDA 1. Call to Order 2. Roll Call 3. Approval of Minutes from the February 27, 2018 Regular Meeting. 4. OBOA 18-02 — Special Exception eguest — A & M Flowers - Consideration and appropriate action related to a request for approval of a special exception to allow a non-permanent vendor (flower gardening tent) in the parking lot of Tyann Plaza shopping center located at 9455 N Owasso Expressway,, Owasso, OK. The property is zoned CS (Commercial Shopping). Report from Community Development Director 6. Report from Board of Adjustment Members T 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 The City of Owasso encourages citizen participation. To request an accommodation due to a disability, contact the City Clerk at least 48 hours prior to the scheduled meeting by phone (918)-376-1502 or by email to CUT� MEMBERS PRESENT Joe Ramey Jim Bausch Abhijeet Utturkar OWASSO BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING Tuesday, February 27, 2018 Old Central, 109 North Birch MEMBERS ABSENT Dean Knoten Sherry Jacobs STAFF PRESENT Karl Fritschen Bronce Stephenson Julie Lombardi Marsha Hensley Dwayne Henderson The meeting agenda was posted at the west entrance to City Hall on the 22"d day of February, 2018 at 11:00 AM. 1. CALL TO ORDER The clerk stated that the Owasso Board of Adjustment chair and vice chair will not be attending the meeting. A motion is needed for a temporary chair for tonight's meeting. Mr. Utturkar moved to select Joe Ramey for the temporary chair; Mr. Bausch seconded the motion. A vote on the motion was recorded as follows: AYE: Bausch, Ramey, Utturkar NAY: None The motion carried 3 -0 2. ROLL CALL 3. Approval of Minutes from the September 26 2017 Regular Meeting - Mr. Bausch moved to approve the minutes of September 26, 2017 meeting, Mr. Utturkar seconded the motion to approve the minutes. AYE: Ramey, Utturkar, Bausch NAY: None The motion carried 3 -0 BOARD OF ADJUSTMENT PUBLIC HEARING 6. OBOA 18 -01— Variance & Special Exception Request - _Attic Storage — Consideration and appropriate action related to a request for approval of a variance to allow for the use of gravel in -lieu of asphalt or concrete for RV /boat storage. The request for approval of a special exception is to allow for the expansion of an existing non- conforming use (Attic Storage of Owasso). The property is located at 11500 E 80'h St N, Owasso, OK and is zoned CS (Commercial Shopping). This item will require two (2) separate actions, one for the Special Exception and one for the Variance. BOARD OF ADJUSTMENT February 27, 2018 Page 2 of 3 Karl Fritschen presented the item and described the property location. Letters were mailed to property owners within 300' of the subject property and the request was advertised in the Owasso Reporter. Karl explained that this request for approval of a variance to allow for the use of gravel in -lieu of asphalt or concrete for RV/boat storage. The request for approval of a special exception is to allow for the expansion of an existing non - conforming use (Attic Storage of Owasso). The property is located at 11500 E 80 "' St N, Owasso, OK and is zoned CS (Commercial Shopping). This item will require two (2) separate actions, one for the Special Exception and one for the Variance. The Chair opened the floor for public comments. Mr. Erik Enyart with Tanner Consulting, representative for the applicant, was present to answer any questions and asked to make a brief presentation. Staff recommends approval of OBOA 18 -01 with the following conditions: Special Exception _Re uest: • AlI requirements outlined in the Owasso Zoning Code regarding Site Plans, engineering design, landscaping, and building codes shall be adhered to with each phase of development. • Any signage shall adhere to the Owasso Zoning Code and be secured through a sign permit. • A Lighting Plan shall be submitted for review and approval. • The plans for Phase 1 shall be submitted one (1) year after the date of approval by the Board. • The westernmost structure (building "Z ") shall be built during Phase 1, and the back side of the structure shall be an EIF's material or split face block. • Landscaping along the eastern edge of the property shall be installed during Phase of the project or within two (2) years of the date of approval by the Board. Variance Request: The area shown for the RV and boat storage shall be paved within four (4) years if this area is not developed with buildings. After brief discussion, Mr. Bausch moved to approve, Mr. Utturkar seconded the motion to approve Special Exception request for OBOA 18 -01, subject to the above conditions. A vote on the motion was recorded as follows: AYE: Ramey, Bausch, Utturkar BOARD OF ADJUSTMENT February 27, 2018 Page 3 of 3 NAY: None The motion carried 3 -0 Mr. Utturkar moved to approve, Mr. Bausch seconded the motion to approve Variance request for OBOA 18-0 1, subject to the above conditions. A vote on the motion was recorded as follows: AYE: Ramey, Bausch, Utturkar NAY: None The motion carried 3 -0 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— Mr. Bausch moved for adjournment, seconded by Mr. Utturkar. A vote on the motion was recorded as follows: AYE: Bausch, Ramey, Utturkar NAY: None The motion was approved 3 -0 and the meeting was adjourned at 6:40PM. Chair Vice Chair Date __ )I OVIN OOP .. .............. . . . — Rohl ptwple. Ronal C10ractol. RoO community TO: Owasso Board of Adjustment FROM: Karl Fritschen, AICP, RLA Pianning Manager SUBJECT: OBOA 18-02 - Special Exception, Non- Permanent Commercial Use DATE': March 23, 2018 The City of Owasso received a request from Allison Andreoli for a Special Exception of the Owasso Zoning Code to allow for the piacement of a non-permanent vendor in a Commercial Shopping District. The non-permanent vendor proposed is for the sale of gardening and plant materials. The subject property is Tyann, Plaza I Shopping Center located at 9455 N Owasso Expressway. In 2014, the Board granted the some applicant approval to operate at this location for three (3) years (OBOA 14-01). The time period has now expired for the Special Exception approved in 2014, and the applicant must now go before the Board for approval to continue to operate the flower tent at this location. Direction Zoning Use Land Use Plan Jurisdiction North CS (Commercial Shopping) Commercial Commercial Owasso South CS (Commercial Shopping) Commercial Commercial Owasso East CS (Commercial Shopping) Commercial Commercial Owasso West CS (Commercial Shopping) . Commercial Commercial Owasso 11] :1 111151 a 22 MO-3, a P I Z rr From the Owasso Zoning Code: "The Board of Adjustment shall hold the public hearing and, upon the concurring vote of three members, may grant the 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 granfing a Special Exception, shall prescribe appropriate conditions and safeguards, and may require such evidence and guarantee or bonds as if may deem necessary to enforce compliance with the conditions attached." ANALYSIS: The applicant has requested a Special Exception to place a 20` x 60` tent in the parking lot of the Tyann Plaza I Shopping Center to sell plant and gardening materials. This type of use is considered a temporary non - conforming commercial use placed on an existing conforming lot. According to the Owasso Zoning Code, this type of use requires approval of a Special Exception from the Board of Adjustment. In 2014 the Board granted a Special Exception (OBOA 14 -01) for the applicant to operate the gardening tent at this location for a three (3) year period. That time period has now expired and the applicant must resubmit a new Special Exception to the Board for consideration to continue operating at this location. The gardening tent would operate during the spring and summer months. Staff inspected the location and determined there is adequate room for customer parking on the lot to serve the needs of this particular vendor as well as the existing businesses. There does not appear to be any impact to surrounding businesses or property owners, and Staff did not hear of any issues or negative impacts in the three (3) years the applicant has operated at this location. Staff has also concluded the Special Exception request would not impact public safety or the welfare of the community. Given this, Staff recommends the Board consider granting a three (3) year term for the applicant to continue to operate at this location due to the minimal current or anticipated impacts. However, should any major changes to the platting of the property occur, the term shall be void and the applicant would need to re -apply for another Special Exception. Notification letters were mailed to ail 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 18 -02, subject to the following conditions: 1. All signage be reviewed by the Community Development Department to ensure strict adherence to the Owasso Sign Code. 2. The applicant must provide on -site trash receptacles. 3. Approval to operate at this location for three (3) seasons, providing there are no significant changes to the platting of the property. Should a new lot be introduced on this property, the term shall be void. ATTACHMENTS: Area Map Aerial Map Tyann Plaza I with Site Location 2 OBOA 18-02 9-MACP 9012 9 0 4 _5 N< -D7- ' � U1 SS �'SS d 2':-= � �� - E ---Z C�: 3'S- I :�,7 1- = -3-76 ft Special Excepti on, Flower Tent 03/20,12018 A I nmp m a v m-presents a, visu al of geog-C-Ph...cin'or-n. a-. �-.- D:=-L a oro,,�ded hert on is no -L guaran 7ee of acu--I-al -�elz C am ton mss a be sure of cvmpletea= rac�� zlease vcnn� �aci-:he respcnside --�aff for 94��rj 95010 too 9WO • 1s W 1" = 376 ft Special Exception, Flower Tent 1 03/08/2018 This map may represents a visual display of related geographic information. Data provided here on is not guarantee of acutual field conditions. To be sure of complete accuracy, please contact the responsible ble staf7for most up-to-date information. IEEE IIMATIII -W. M FINAL PLAT TYANN PLAZA :_1 '.0 4 _jF 1 LOT IN 1 BLOCK 12.49 ACRE TRACT ADcmomma ZONED: CS lo I c anion el SURYE-Y-0-R 0, LOSS & ASSOCIATES, LLC OWNE:R �--4-ZE�Vf�-QPE$� TYANN DEVELOPMENT CO. ' iNC P.C. Box 216 PC BOX 397 cca.'i+riurG Cs S4 -SLY COLLINSVILLE, Do 74021 OWASSO, OK 74055 e 19183 371-371 -7150 C'rtIFIC't If Authorlzatlom Na. 3932 Renewol D.ts+ j— 30, 2005 (%63 274-0517 ENGINEER KELLOGG ENGINEERNG, INC. 6755 SOUTH 4060 ROAD TALol-A, OKLAHOMA 74000 Me) 275-4080 D CarTiikatr .: ..Th-i.t No. 278E Re - - - I D.t.i J— 30, 2007 TYANN FuzA I B= I V=� SITE MAP fii lftff ,x LOCATION MAP PLAT NIL 7 -------------- PC cca.'i+riurG Cs S4 -SLY L � . . . . . . 7 7 D TYANN FuzA I B= I fii lftff ,x LOCATION MAP TYANN FU ?A I cca.'i+riurG Cs S4 -SLY TYANN FU ?A I