HomeMy WebLinkAbout2019.03.26_Board Of Adjustment AgendaOWASSO BOARD OF ADJUSTMENT
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March 26, 2019
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PUBLIC NOTICE OF THE MEETING OF THE
OWASSO BOARD OF ADJUSTMENT
RECEIVED
TYPE OF MEETING: Regular
DATE: March 26, 2019 MAR 21 2019
TIME: 6:00 PM
PLACE: City Hall Community Room City Clerk's Office
NOTICE FILED BY: Marsha Hensley
TITLE: Assistant City Planner
Notice of Regular Meeting filed in the office of the City Clerk on December 14,
2018, and the Agenda filed in the office of the Owasso City Clerk and posted at
City Hall, 200 S Main (west side) at 11:00 AM on the 211' day of March, 2019.
Marsha Hensley, Assistant City Planner
1. Call to Order
2. Roll Call
3. Approval of Minutes from the July 24, 2018 Regular Meeting.
4. OBOA 19 -01 - Special Exception Request - Consideration and appropriate
action related to a request for approval of a special exception to allow the
construction of a 1,200 sq ft detached garage. The property is located at
11202 N 106 E Ave, Owasso, OK and is zoned RS -1 (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
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 @citvofowasso.com
OWASSO BOARD OF ADJUSTMENT
MINUTES OF REGULAR MEETING
Tuesday, July 24, 2018
Old Central, 109 North Birch
MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT
Joe Ramey Sherry Jacobs Morgan Pemberton
Jim Bausch Bronce Stephenson
Abhijeet Utturkar (in at 6:09 PM) Julie Lombardi
Dean Knoten Marsha Hensley
The meeting agenda was posted at the west entrance to City Hall on the 20th day of July, 2018 at
11:00 AM.
1. CALL TO ORDER
2. ROLL CALL
3. Approval of Minutes from the March 27, 2018 Regular Meeting - Mr. Bausch
moved to approve the minutes of March 27, 2018 meeting, Mr. Ramey seconded the
motion to approve the minutes.
AYE: Ramey, Bausch, Knoten
NAY: None
The motion carried 3 -0
4. Election of Board of Adjustment Chairperson— The Chair opened the floor for
nominations for Chairperson. Mr. Ramey was nominated by Mr. Ramey, with the
nomination being seconded by Mr. Bausch. Hearing no further nominations, the
nominations were declared closed and Mr. Ramey was elected Chairperson by
acclamation.
Election of Board of Adjustment Vice Chairperson — The Chair opened the floor for
nominations for Vice Chairperson. Mr. Knoten was nominated by Mr. Bausch, with the
nomination being seconded by Mr. Ramey. Hearing no further nominations, the
nominations were declared closed and Mr. Knoten was elected Vice Chairperson by
acclamation.
BOARD OF ADJUSTMENT PUBLIC HEARING
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 24th Ct, Owasso, OK and is
zoned RS -3 (Residential Single Family).
Morgan Pemberton presented the item and described the property location. Letters were
BOARD OF ADJUSTMENT
July 24, 2018
Page 2 of 3
mailed to property owners within 300' of the subject property and the request was advertised
in the Owasso Reporter. The property is located at 103 E 24th Ct and is zoned RS -3
(Residential Single Family). The Chair opened the floor for public comments. The applicant
was present to address any comments.
Staff recommends approval of OBOA 18 -03 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.
Mr. Bausch moved to approve, Mr. Knoten seconded the motion to approve the Special
Exception request for OBOA 18 -03, 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
BOARD OF ADJUSTMENT
July 24, 2018
Page 3 of 3
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. Knoten moved for adjournment, seconded by Mr. Bausch. 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 6:23 PM.
Chair
Vice Chair
Date
REAL PeoPte -REAL Character •REAL Community
TO:
Owasso Board of Adjustment
PROM:
Morgan M. Pemberton
Jurisdiction
Assistant City Planner
SUBJECT:
OBOA 19 -01 - Special Exception- 11202 N 106th E Ave
DATE:
March 21, 2019
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 five hundred (500) square feet for
an accessory building in a residential district. The subject property is located at 11202 N 106th E
Ave, further described as Lot 9, Block 4 of the Hale Acres subdivision. The applicant has
requested the special exception in order to build a 1,200 square foot detached garage on the
subject property.
SURROUNDING LAND USE:
Direction
Zoning
Use
Land Use Plan
Jurisdiction
North
RS -1 (Residential Single-
Residential
Residential
City of Owasso
Family Low Density)
South
RS -1 (Residential Single-
Residential
Residential
City of Owasso
Famil Low Density)
East
RS -1 (Residential Single-
Residential
Residential
City of Owasso
Family Low Density)
West
PF Public Facilities
Sports Park
I Parks /Recreational
City of Owasso
SUBJECT PROPERTY /PROJECT DATA:
Property Size
0.90 acres +/-
Current Zoning
RS -1 (Residential Single - Family Low Density
Proposed Structure !
Detached Garage (1,200 sq ft)
Lots /Blocks
Lot 9, Block 4 - Hale Acres
APPROVAL PROCESS:
When the City receives an application for a special exception, the Owasso Board of Adjustment
(BOA) holds a public hearing. The BOA may grant the special exception after finding that the
special exception will be in harmony with the spirit and intent of the Zoning Code and it will not
be injurious to the neighborhood or otherwise detrimental to the public welfare. The BOA, in
granting a special exception, can prescribe appropriate conditions and safeguards if deemed
necessary to ensure the harmony of a neighborhood is maintained or to mitigate any potential
negative impacts. A building permit for the proposed structure must be issued within one (1)
year of the date of approval, or the special exception shall be considered void unless the BOA
has approved an extension.
ANALYSIS:
The Owasso Zoning Code, Section 4.6.2, states that:
"The total gross floor area for any accessory building or combination of all
buildings located in the rear yard, required rear yard, and or both, shall not
exceed five hundred (500) square feet. Buildings in excess of the five hundred
(500) square feet shall require approval from the Owasso Board of Adjustment
(BOA) for a special exception.
The applicant in this case is proposing a 1,200 square foot accessory building on a lot that is
residentially zoned which falls under the requirement that approval of a special exception is
required from the Board of Adjustment. The subject property is approximately 0.90 acres in size
and has an existing residential structure approximately 1,566 square feet in size. The proposed
structure is thirty (30) feet by forty (40) feet and approximately fifteen (15) feet high at the roof
peak. The applicant intends to use the structure to store a car and other various items, as well as
for space to do car maintenance.
When the City receives a request for a special exception, the Zoning Code requires that staff
consider the following factors when evaluating a request for a special exception:
1. Will the placement of the structure impact parking and circulation patterns?
2. What is the nature of any protests on the request?
3. Will the placement of the structure impact any above or below ground utilities?
First, the proposed structure in this case would be located in the rear yard of a residential lot,
and therefore will not have an adverse impact on any parking or circulation patterns. Second,
as of the date of this memo, staff has not received any questions or concerns from the public
regarding this case. Third, the applicant is aware that the proposed structure is required to be
placed outside any existing utility easements. The applicant has indicated on their application
that the proposed placement of the structure is out of any utility easements on the property,
including the water line that runs on the southern property line.
According to the Owasso Zoning Code, detached accessory structures may not exceed twenty
(20) percent of the area of the minimum required yard. There is one (1) accessory structure
already existing on the property in the rear yard. However, due to the property's size, there is
adequate space for the existing structure and the proposed structure without exceeding the
limit of accessory structures comprising of more than twenty (20) percent of the required yard
area.
Due to the size of the property, the proposed structure can be placed an adequate distance
from the property line so as to not cause detriment to surrounding property owners. According
to the Zoning Code, if the structure is at or less than fifteen (15) feet in height at the roof peak, it
must 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 twenty -five
(25) foot rear yard setback as required by the Zoning Code for RS -1 (Residential Single - Family
Low Density) districts. The site plan provided by the applicant shows the proposed structure
meets all rear and side yard setbacks as required by the Zoning Code.
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 the existing residence on the property, which is primarily
brick. Staff recommends that all four sides of the structure would be required to have a wainscot
of brick at least five (5) feet in height. Finally, the color of the other facade materials shall be one
that compliments the residence. Together, this will ensure that the structure fits in with the
character of the neighborhood.
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 Owasso
Reporter in accordance with Oklahoma State Statute. As of the date of this memo, staff has not
received any questions or concerns from the public regarding this case.
RECOMMENDATION:
Staff recommends approval of OBOA 19 -01, a special exception to allow for a deviation from
the maximum allowed square footage of five hundred (500) 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 as required by the Zoning Code.
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 as required
by the Zoning Code.
3. The structure must meet the required twenty -five (25) foot rear yard setback as required
by the Zoning Code in RS -1 zoning districts.
4. The structure must be of a complementary type of architecture as the residence and
have a wainscot of brick at least five (5) feet in height. A full metal structure will not be
permitted.
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. No additional detached accessory uses would be permitted on the subject property
beyond what currently exists and what is proposed in this application.
9. A building permit shall be required to construct the proposed building.
ATTACHMENTS:
Aerial Map
Application, Page 2
Property Survey
Site Plan
Proposed Building Materials
Example Buildings
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5 Community Development Department
Special Exception Application
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200S MAIN o P.O. BOX 180 o O WASSO. OKLAHOMA 74055 0 (918) 3761540 . D& irt3i 2cifyolown so ( Q
Describe the specifics of the request. Indicate pertinent uses, distances, dimensions, etc. Include
any plot plans, photographs, and other factual Information that will support the request. (You
may attach this information)
The request is to build a 30 x 40 act foot shop. The shop will be on a 4" concrete slab with 12 foot high walls. The peak
will be approx 15 It high. The shop will Include the following materials- 5x5x16 IT Posts, 2x6x10 PT boards, 2 %6X10,
Wx10, 2x4x16 engineered trusses. The shop will be built with 29 gauge metal and will have wainscoaling. The shop
will be used to store a race car and the trailer for hauling the race car, mechanical work on the race car and various iter
from the house. The shopp will be located approx 151 R from the front street, 114 feet from the back fence, 29 feel from
the south fence line and 73 feel from the north fence line. This will clear the utility easements on all sides of the
property, including the water line which runs on the south side of the property.
SITE PLAN
A Site Plan drawn to scale (no smaller than t " =20') shall be submitted with the application and
shall contain the following:
UEasement locations on the property
Public road tights -of -way
Location of utility lines (buried or overhead)
0 Location of the proposed structure with dimensions from the properly lines
0 Dimensions of the structure including total height
Is there a homeowners association that requires the structure to be approved?
F1 Yes El No
If yes, applicant shall secure approval letter from the Homeowners' Association prior to the
application being heard by the Board of Adjustment.
IMPORTANT INFORMATION
The Board of Adjustment (BOA) may gront a Special Exception after finding the Special
Exception will be in harmony with the spirit and intent of the Owasso Zoning Code, and that the
request will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
The BOA, 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.
Page 2 of 4
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SURVEYOR'S STATEMENT
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Materials that will be used are:
5x5xi6 Pressure Treated Posts
2X6x10 Pressure Treated Boards
2x6X10, 2x8x10, 2x4xl6, engineered
Trusses
29 gauge metal
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