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Home My WebLink About2018.07.24_Board Of Adjustment AgendaGXjY OF OWASSO O v .l 'i \O OF THE �RPi July 24, 2018 6:00 PM PUBLIC NOTICE OF THE MEETING OF THE OWASSO BOARD OF ADJUSTMENT \`1 TYPE OF MEETING: Regular DATE: July 24, 2018 ,��, okk\r TIME: 6:00 PM PLACE: Old Central, 109 N Birch 011 G 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 20t day of July, 2018. Marsha Hensley, Assistant City Pla OWASSO BOARD OF ADJUSTMENT Tuesday, July 24, 2018, 6:00 PM Old Central, 109 N Birch AGENDA Call to Order 2. Roll Call Approval of Minutes from the March 27, 2018 Regular Meeting. 4. Election of Board of Adjustment Chairperson 5. Election of Board of Adjustment Vice Chairperson BOARD OF ADJUSTMENT PUBLIC HEARING 6. OBOA 18 -03 — Special Exception Request - Consideration and appropriate action related to a request for approval of a special exception to allow the construction of a 1,500 sq ft detached garage. The property is located at 103 E 24`1' Ct, Owasso, OK and is zoned RS -3 (Residential Single Family). Report from Community Development Director 8. Report from Board of Adjustment Members 9. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 10. 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 istevens @citvotowasso com MEMBERS PRESENT Joe Ramey Jim Bausch Abhijeet Utturkar Dean Knoten OWASSO BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING Tuesday, March 27, 2018 Old Central, 109 North Birch MEMBERS ABSENT Sherry Jacobs STAFF PRESENT Karl Fritschen Bronce Stephenson Julie Lombardi Marsha Hensley The meeting agenda was posted at the west entrance to City Hall on the 21" day of March, 2018 at 11:00 AM. CALL TO ORDER 2. ROLL CALL 3. Approval of Minutes from the February 27, 2018 Regular Meeting - Mr. Ramey moved to approve the minutes of February 27, 2018 meeting, Mr. Bausch seconded the motion to approve the minutes. AYE: Ramey, Utturkar, Bausch, Knoten NAY: None The motion carried 4 -0 BOARD OF ADJUSTMENT PUBLIC HEARING 6. OBOA 18 -02 — SDecial Exception Reauest — A & M Flowers — Consideration and appropriate action related to a request for approval of a special exception is 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). 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. The property is located at 9455 N Owasso Expressway and is zoned CS (Commercial Shopping). The Chair opened the floor for public comments. The applicant was present to address any comments. Staff recommends approval of OBOA 18 -02 with the following conditions: • All signage be reviewed by the Community Development Department to ensure strict adherence to the Owasso Sign Code. • The applicant must provide on -site trash receptacles. BOARD OF ADJUSTMENT March 27, 2018 Page 2 of 2 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. Mr. Utturkar moved to approve, Mr. Ramey seconded the motion to approve the Special Exception request for OBOA 18 -02, subject to the above conditions. A vote on the motion was recorded as follows: AYE: Ramey, Bausch, Utturkar, Knoten NAY: None The motion carried 4 -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) Adjournment— Mr. Ramey moved for adjournment, seconded by Mr. Utturkar. A vote on the motion was recorded as follows: AYE: Bausch, Ramey, Utturkar, Knoten NAY: None The motion was approved 4 -0 and the meeting was adjourned at 6:09 PM. Chair Vice Chair Date RCAL People •REAL Character •REAL Commanily TO: Owasso Board of Adjustment FROM: Morgan M. Pemberton Jurisdiction Assistant City Planner SUBJECT: OBOA 18 -03 - Special Exception - 103 E 241h Ct N DATE: July 18, 2018 BACKGROUND: The Community Development Department received a request for a Special Exception to allow a structure in excess of the maximum allowed square footage of seven hundred -fifty (750) square feet for an accessory building in a residential district. The subject property is located at 103 E 24th Ct N, further described as Lots 3 and 4, Block 4 of the Ator Heights 41h Addition. The applicant has requested the Special Exception in order to build a fifteen hundred (1,500) square foot detached garage on the subject property. 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 Famil High Densit SUBJECT PROPERTY /PROJECT DATA: Property Size 0.67 acres +/- Current Zoning RS -3 (Residential Single - Family High Density Proposed Structure Detached Garage (1,500 sq ft) Lots /Blocks Lots 3 & 4, Block 4 - Ator Heights 4th Addition APPROVAL PROCESS: According to the Owasso Zoning Code (Section 1280.3) that was in effect at the time this application was submitted: "The Board of Adjustment shall hold the public hearing and, upon the concurring vote of three (3) 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 granting a Special Exception shall prescribe appropriate conditions and safeguards, and may require such evidence and guarantee or bonds as it may deem necessary to enforce compliance with the conditions attached." ANALYSIS: The subject property is comprised of two (2) lots (Lots 3 & 4, Block 4) within the Ater Heights 41h Addition residential neighborhood. The applicant is proposing a fifteen hundred (1,500) square foot detached garage to be constructed at the end of the driveway, west of the residence. According to the applicant, the structure would be thirty (30) feet by fifty (50) feet in size and would be used for boat and truck storage, as well as to provide an area for a shop and other miscellaneous storage. The Owasso Zoning Code that was in effect at the time this application was submitted stated that: "In the RS Residential Districts, a detached accessory structure may be located in a required rear yard provided (1) the structure or structures do not cover more than 20 percent of the area of the minimum required rear yard and, (2) the total gross floor area for any accessory building or buildings located in the rear yard, required rear yard, and or both, shall not exceed 750 square feet. (The Board of Adjustment upon application, and after notice and public hearing, may grant a special exception of (2) above.)" The intent of the Special Exception process is to ensure the proposed use or structure of this size will be in harmony with the spirit and intent of the Zoning Code, and that it will not be injurious to the neighborhood or otherwise detrimental to the public welfare. The Owasso Zoning Code states that the Board of Adjustment can require appropriate conditions and safeguards to a Special Exception request in order, to ensure the harmony of a neighborhood is maintained or to mitigate any potential negative impacts. Below, staff has recommended several conditions be applied to the proposed structure to ensure that it would not be detrimental to surrounding properties. According to the Owasso Zoning Code, detached accessory structures may not exceed twenty (20) percent of the area of the minimum required yard. Because the subject property is comprised of two (2) lots in combination, it is considerably larger than typical lots in this subdivision. Given this, staff determined the proposed structure does not exceed the twenty (20) percent requirement. Due to the size of the property, the proposed detached garage can be placed an adequate distance from the property line so as to not cause detriment to surrounding property owners. Staff is recommending that if the structure is at or less than fifteen (15) feet in height at the roof peak, it shall be set back a minimum of five (5) feet from side property lines. If the proposed structure exceeds fifteen (15) feet in height at the roof peak, then the structure must be setback a minimum of ten (10) feet from side property lines. The structure must also meet the required twenty (20) foot rear yard setback as required by the Owasso Zoning Code RS -3 (Residential Single - Family High Density) zoning districts. One concern with detached accessory structures in residential areas is ensuring that the character of the neighborhood is maintained. Therefore, staff recommends the architecture of the proposed structure complement and be compatible with the residence on the property, which is primarily brick. In order to present a consistent and aesthetically pleasing view from the street, staff recommends that the front of the detached garage shall be completely brick. The remaining 3 sides would be required to have a wainscot of brick at least five (5) feet in height. Finally, the color of the other fagade materials shall be one that compliments the residence, such as beige or brown. Together, this will ensure that the structure fits in with the character of the neighborhood. The applicant has provided a sketch and color sample for the proposed structure indicating that it would comply with these conditions. Letters containing notification of this case were mailed to all property owners within three hundred (300) feet of the subject property, and notification was also posted in the Tulsa World in accordance with State Statute. As of the date of this memo, staff has discussed the case with one neighbor who had questions regarding the use of the structure. Staff informed the neighbor that the applicant indicated on their application that the structure was to be used for boat and truck storage, area for a shop, and other miscellaneous storage. RECOMMENDATION: Staff recommends approval of OBOA 18 -03, a Special Exception to allow for a deviation from the maximum allowed square footage of seven hundred -fifty (750) square feet allowed for a detached accessory building in a residential district with the following conditions: 1. If the structure is at or less than fifteen (15) feet in height at the roof peak, it shall be set back a minimum of five (5) feet from side property lines. 2. If the proposed structure exceeds fifteen (15) feet in height at the roof peak, then the structure must be setback a minimum of ten (10) feet from side property lines. 3. The structure must meet the required twenty (20) foot rear yard setback as required by the Owasso Zoning Code in RS -3 zoning districts. 4. The structure must be of a similar type of architecture as the residence. The front of the detached garage that faces the E 24th Ct N is required to be completely brick. The remaining three (3) sides must have a wainscot of brick at least five (5) feet in height. The remainder of said sides must be a color that compliments the residence, such as beige or brown. 5. The structure may not encroach into any easements. 6. No commercial or industrial activities shall be operated within the proposed structure. 7. The proposed structure shall not be used as a residential dwelling. 8. The proposed structure shall not encroach into the front yard setback. 9. No other detached accessory uses would be permitted on the subject property. 10. From the approval of this Special Exception, no boats vehicles may be parked in the yard on the subject property. All vehicles or boats must be stored in the proposed structure or parked on a hard surface as specified in the Owasso Zoning Code. F-11 l,r_Ta:fr,►4,IlP Aerial Map Site Plan Floor Plan Architectural Details c O 0 O t U CL X a ui B �L p O Q •qv� O ^VW A MORTGAGE INSPECTION PLAT FOR LOAN PURPOSES N -------------- — 15' U/E I F I STORY 3 BRICK & FRAME. DWELLING 4 52.3, E I 0 B " t 3k, "folt foe CONE. DRIVE:, . Block 7 5 17.2 LEGEND B/L BUILDING SETBACK LINE CL LINE GONG CONCRCENTER ETE D/E DRAINAGE EASEMENT EM ELECTRIC METER O/E OVERHEAD ELECTRIC R/W RIGHT-OF-WAY U E UTILITY EASEMENT 6E UNDERGROUND ELECTRIC FLOOD NOTE ITEMS THIS DWELLING DOES NOT UE IN A 100 YEAR FLOOD ZONE AS PER AFFECTING, SK 4223, PC 963; OK 4226, PO 278; 3K 5063, FFMA FIRM COMMUNITY PANEL NO. 40WC0136K. REVISION DATE PG 1800; HK 4234, PG 912 08/03/2009. THIS PROPERTY LIES IN ZONE X. NOT AFFECTING, OK 4034. PO 607 LEGAL DESCRIPTION I OtdW aw &�XTUURA J wwoA � w m 'Aam ast sm 06 )IrAm Dwo Tp Om BRIG Y'T SURVEYOR'S STATEMENT 1, MICHAEL ROYCE, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF $51ONAZ OKLAHOMA. HEREBY STATE TO THE MORTGAGE AND/OR TITLE INSURANCE COMPANY THE 4 FOLLOWING: THE INSPECTION PLAT HEREON REPRESENTS AN ACTUAL FIELD SURVEY OF THE IMPROVEMENTS ILLUSTRATED; THERE ARE NO ENCROACHMENTS EXCEPT AS INDICATED; ALL EASEMENTS AND RIGHTS-OF-WAY DISCLOSED AND FURNISHED BY THE LENDING AND/OR q MICHAEL CLOSING AGENCY ARE SHOWN OR NOTED HEREON. NO EFFORT HAS BEEN MADE TO CHECK N 1E ROYCE THE RECORDS OF THE COUNTY CLERK OR OTHER RECORD OFFICE. THIS PLAT WAS PREPARED FOR IMPROVEMENT IDENTIFICATION AND LOCATION PURPOSES ONLY AND SHOULD 1627 BOUNDARY SURVEY. NO PROPERTY 0 NOT BE USED OR CONSTRUED AS A PROPERTY OR CORNERS WERE SET. NO RESPONSIBILITY IS ASSUMED HEREIN OR HEREBY TO THE PRESENT OR FUTURE LANDOWNER OR OCCUPANT. 0 LAHO SIGNATURE: -C DATE; 07/06/11 SURVEYED BY PROJECT DATE p Royce Land Surveying, P.C. CER11190ATE OF MHORRATION NUMBER: 5270 EXPIRATION RATE-. 08/40/2015 12J24 Wr 867H STREET NORM 0238 OWASSO, ON 74055 PH 916-576-9527 rm 916 -i76 -9425 BUYER(S): ARTHUR W. TAYLOR, ✓R. AM 11226 07105111 PREPARED FOR; FRISCO TITLE CORPORATION FIRST AMERICAN TITLE INSURANCE COMPANY QUICKEN LOANS, INC. DRAWN BY SCALE DATE MAR 1 "-40' 07106111 REVISION — DATE COMMITMENT NO, ORC2850 00 N N Lr „0 -,OS .o 0 „O-,SL Otx8 N V Q N O N U O � r X � a0 yV T o m O cK is e O d' X � ry m 0 „0 -,OS .o Y V Q O N U � � N yV T o C O cK e d' 4 O m a 0 a 0 N � o u„ Z S �� `� 1�