HomeMy WebLinkAbout2019.04.23_Board Of Adjustment AgendaOWASSO BOARD OF ADJUSTMENT
0%111 OF OWASSO. O�
09
m
OF THE
pril 23, 2019
6:00 PM
PUBLIC NOTICE OF THE MEETING OF THE RECEIVED
OWASSO BOARD OF ADJUSTMENT APR 18 2019
TYPE OF MEETING: Regular City Clerk's Office
DATE: April 23, 2019
TIME: 6:00 PM
PLACE: City Hall Community Room
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 18th day of April, 2019.
Marsha Hensley, Assistant City P nner
1. Call to Order
2. Roll Call
3. Approval of Minutes from the March 26, 2019 Regular Meeting.
4. OBOA 19 -02 a Special Exception Request - Consideration and appropriate
action related to a request for approval of a special exception to allow
indoor automobile sales. The property is located at 7770 N Owasso
Expressway, Suite #150, Owasso, OK and is zoned PUD -02 /DM (Downtown
Overlay) District.
5. Report from Board of Adjustment Members
6. New Business (New Business is any item of business which could not have
been foreseen at the time of posting of the agenda)
Adjournment
The City of Owasso encourages citizens 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 @cityofowasso.com
MEMBERS PRESENT
Joe Ramey
Jim Bausch
Abhijeet Utturkar
Dean Knoten
OWASSO BOARD OF ADJUSTMENT
MINUTES OF REGULAR MEETING
Tuesday, MARCH 26, 2019
Old Central, 109 North Birch
MEMBERS ABSENT
Sherry Jacobs
STAFF PRESENT
Morgan Pemberton
Brian Dempster
Marsha Hensley
The meeting agenda was posted at the west entrance to City Hall on the 21 s' day of
March, 2019 at 11:00 AM.
CALL TO ORDER
2. ROLL CALL
3. Approval of Minutes from the July 24, 2018 Regular Meeting - Mr. Knoten
moved to approve the minutes of July 24, 2018 meeting, Mr. Bausch seconded
the motion to approve the minutes.
AYE: Ramey, Bausch, Knoten, Utturkar
NAY: None
The motion carried 4 -0
BOARD OF ADJUSTMENT PUBLIC HEARING
6. 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).
Morgan Pemberton 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 11202 N 106 E
Ave and is zoned RS -1 (Residential Single Family). The Chair opened the floor for
public comments. The applicant was present to address any comments.
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.
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.
BOARD OF ADJUSTMENT
March 26, 2019
Page 2 of 3
3. The structure must meet the required twenty -five (25) foot rear yard
setback as required by the Owasso 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.
Discussion was held regarding the proposed structure being complementary to
the residence. Also discussed briefly was the gravel access to the detached
building. Mr. Dempster stated that gravel would be acceptable if done
correctly. The applicant can contact Staff if there are questions regarding the
driveway material.
Mr. Knoten moved to approve, Mr. Bausch seconded the motion to approve the
Special Exception request for OBOA 19 -01, 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
Report from Community Development Director
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. Utturkar moved for adjournment, seconded by Mr. Knoten. 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 6:13 PM.
BOARD OF ADJUSTMENT
March 26, 2019
Page 3 of 3
Chair
Vice Chair
Date
od
REgL People • REAL Chamcrer •REAL Commonly
TO:
The Owasso Board of Adjustment
FROM:
Karl A. Fritschen RLA, AICP, MRCP
Jurisdiction
Planning Manager
SUBJECT:
OBOA 19-02- Special Exception - Auto Sales in the Downtown Overlay
DATE:
April 18, 2019
BACKGROUND:
The Community Development Department received a request for a special exception to allow
for a non - permitted use in the Downtown Overlay District. The subject property is located at 7700
North Owasso Expressway, Suite 150, further described as Lot 12, Block 1 of the Forest Creek
Business Park. Specifically, the applicant is asking for a special exception from the Owasso
Zoning Code (Chapter 10, "Overlay Districts "; Section 10.10.4, "Prohibited Uses ") to allow indoor
automobile sales.
SURROUNDING LAND USE:
Direction
Zoning
Use
Land Use Plan
Jurisdiction
North
DM (Downtown Mixed)
Commercial
Downtown Overlay
City of Owasso
South
DM (Downtown Mixed)
Light Industrial /Commercial
Downtown Overlay
City of Owasso
East
AG (Agriculture)
Highway
Downtown Overlay
City of Owasso
West
DM (Downtown Mixed)
Light Industrial /Commercial
Downtown Overlay
City of Owasso
SUBJECT PROPERTY /PROJECT DATA:
Property Size
0.68 acres +/-
Current Zoning
DM (Downtown Mixed) /PUD -2
Proposed Use
Indoor Auto Sales
Lots /Blocks
Lot 12, Block 1 - Forest Creek Business Park
APPROVAL PROCESS:
Section 4, Article XV in Appendix B of the Owasso Zoning Code reads:
"The Owasso Board of Adjustment (BOA) shall hold the public hearing and may,
upon the concurring vote of three (3) members, 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."
"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 a fifteen hundred (1,500) square foot commercial space
within one larger structure located at 7700 North Owasso Expressway, Suite 150. The legal
description for the property is Lot 12, Block 1, Forest Creek Business Park. The applicant is
proposing to conduct indoor internet auto sales within a 1,500 square foot retail space. Per
Chapter 10, Section 10.10.4, Overlay District of the Zoning Code, Auto Sales are listed as a
prohibited use in table 10.4:
10.10.4 Prohibited Uses. The following uses are prohibited in the Downtown
Overlay District:
Table 1RA- Prohibited Uses in the Downtown Overlay District
Agricultural Implement Sales
Aircraft Sales
Animal and Poultry Raising
Any New Agricultural Use or Business
Appliance Store and Repair
Arena
Auctioneer
Auto Rental
Auto Sales
Auto Wash
Bait Shop
Bindery
Boat and Recreational Vehicle Sales
Bottled Gas Sales
Cabinet Maker
Camper Sales
Casino /Gaming Center
Cemetery
Cesspool Cleaning
Chick Hatchery
The intent of the Special Exception process is to ensure the proposed use or structure 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. When the Downtown Overlay
District (sometimes referred to as the Redbud District) was adopted, several uses were identified
that could be injurious to the goals and intent of the Overlay. These uses were prohibited in the
Downtown Overlay, and were listed in Table 10.4. Auto sales were included in this list because, in
most cases, they take up significant amounts of land area, have a negative aesthetic quality,
and are counter the walkable commercial environment that the Downtown Overlay District
seeks to achieve.
The location of the subject property lies at the far eastern edge of the Downtown Overlay
District, and is somewhat removed from the commercial core of the District. Additionally there
are no sidewalks that connect it to other areas within the District. Compared to the rest of the
Overlay District, the property is unique in its location and the existing land uses found there. Until
such time as the properties to the west of it redevelop, which will connect it to other areas within
the District, it will remain somewhat isolated.
The applicant states that the automobile sales would be conducted entirely indoors, and would
not include outdoor storage of the vehicles. This unique situation regarding auto sales was not
anticipated when the Downtown Overlay District was created. Therefore staff believes the
negative impacts associated with the typical car lot would be minimized with the use as
described and would not be injurious to the surrounding area or detrimental to the public
welfare. The only condition staff would recommend at this time is that in no event shall any of
the vehicles for sale be allowed to be placed outside the structure, except for test driving and
detailing on a short term basis.
Letters containing notification of this case were mailed to all property owners within three
hundred (300) feet of the subject property and notification was posted in the Owasso Reporter
in accordance with Oklahoma State Statute. As of the date of this memo, staff has received no
responses regarding the request.
RECOMMENDATION:
Staff recommends approval of OBOA 19 -02, a special exception to allow for auto sales in the
Downtown Overlay District with the following condition:
1. In no event shall any of the vehicles for sale be allowed to be placed outside the
structure, except for test driving and detailing on a short term basis.
ATTACHMENTS:
Aerial Map
Zoning Map
Street View Image
Floor Plan
N
O
C�
r
O
co
A --I
C
O
N
D
O
L
L
D
N
1 -1/2 TON
3070 - o .n nun r-1 307(
R HEATER
C;�� 0/
TYP.
,\.I 4,_3y2 ,l
m
9' -1"
3070
c WAREHOUSE
I
Cu
TENANT SPACE
PARTITION TYP.
INSTANT M (2 HOUR RATING)
HOT H2O ALL PARTITION
WALLS
o U
HCAP
RR °
0
M
3070
)R \ /LOOR
N I / DRAIN
12'x12' OHD
3080
9'x8' OPENING O IF