HomeMy WebLinkAbout2020.08.25_Board of Adjustment AgendaOWASSO BOARD OF ADJUSTMENT
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August 25, 2020
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PUBLIC NOTICE OF THE MEETING OF THE RECEIVED
OWASSO BOARD OF ADJUSTMENT AUG 18 2020 `S
TYPE OF MEETING: Regular Y
Cit Clerk's Office
DATE: August 25, 2020
TIME: 6:00 PM
PLACE: Old Central, 109 N Birch
NOTICE FILED BY: Marsha Hensley
TITLE: Assistant City Planner
Notice of Regular Meeting filed in the office of the City Clerk on December 13,
2019, 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 201h day of August, 2020.
Marsha Hensley, Assistant City fanner
1. Call to Order
2. Roll Call
3. Approval of Minutes from the January 28, 2020 Regular Meeting.
4. OBOA 20 -04 — Variance Request - Consideration and appropriate action
related to a request for approval of a variance to allow the reduction of the
minimum frontage requirements in a CS (Commercial) zoned district. The
location of the property is approximately 13311 East 11601 St No, Owasso, OK
and is zoned CS (Commercial Shopping) District.
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 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 istevensCcitvofowasso . com
OWASSO BOARD OF ADJUSTMENT
MINUTES OF REGULAR MEETING
Tuesday, January 28, 2020
Old Central, 109 North Birch
MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT
Joe Ramey Sherry Jacobs Karl Fritschen
Jim Bausch Brian Dempster
Abhijeet Utturkar in @ 6:10PM Marsha Hensley
Dean Knoten Julie Lombardi
Julie Stevens
The meeting agenda was posted at the west entrance to City Hall on the 22nd day of
January, 2020 at 11:00 AM.
CALL TO ORDER
2. ROLL CALL
3. Approval of Minutes from the April 23, 2019 Regular Meeting - Mr. Bausch
moved to approve the minutes of April 23, 2019 meeting, Mr. Knoten seconded
the motion to approve the minutes.
AYE: Ramey, Bausch, Knoten
NAY: None
The motion carried 3 -0
BOARD OF ADJUSTMENT PUBLIC HEARING
4. OBOA 20 -01 - Special Exception Request - Consideration and appropriate
action related to a request for approval of a special exception to allow for the
development of a convenience store, which is a prohibited use in the downtown
overlay. The property is located at 502 East 2nd Avenue, Owasso, OK and is
zoned CS (Commercial Shopping) District.
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 Chair opened the floor for public
comments. The applicant was present to address any comments.
Staff recommends approval of OBOA 20 -01, a special exception to allow for the
development of a convenience store in the Downtown Overlay District with the
following conditions:
The entire property must be platted in accordance with the
Owasso Subdivision Regulations.
2. The pole sign in the southeast corner of the property shall be
removed
The sign along 761h Street North shall be removed and replaced
with a six foot (6') monument sign as indicated on the concept
plan.
III �A. 0 *T9 110581111=42"
January 28, 2020
Page 2 of 2
4. The existing Kum and Go facility shall be made ready for
redevelopment as described within this memo and shall not re-
open as a convenience store or gas station.
5. The concept plan attached herein, shall guide the development
of the new Kum and Go store
A brief discussion was held regarding the use of the existing Shell signs. Mr.
Fritschen explained after one (1) year of vacancy the signs are considered a
non - conforming use. The Shell Station has been dormant for nearly three (3)
years. He also explained that the signs are taller than the Downtown Overlay
District allows. The McDonald's and Kentucky Fried Chicken signs are
grandfathered in. Mr. Utturkar asked if any other businesses were interested in
this property. Mr. Fritschen answered that a tunnel car wash has been discussed
for this location.
Mr. Bausch moved to approve, Mr. Utturkar seconded the motion to approve
the Special Exception request for OBOA 20 -01 with 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 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— 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 6:27 PM.
Chair
Vice Chair
Date
REAL Paeple • REAL Chancun REAL Commonly
TO:
Owasso Board of Adjustment
FROM:
Karl A. Fritschen AICP, RLA
Jurisdiction
Planning Manager
SUBJECT:
OBOA 20 -04 - Lot Width Variance
DATE:
August 20, 2020
BACKGROUND:
The City of Owasso received a request for a variance for two lots as part of a pending lot split
request. Neither of the two lots created by said lot split will meet the minimum frontage
requirements set forth in the Owasso Zoning Code. The lot split will be heard by the Planning
Commission at their regular meeting on September 14. However, the Planning Commission may
not approve non - conforming lots without an approved variance from the Board of Adjustment,
which endorses the reduced lot widths. The subject property lies just to the west of the Taco Bell
restaurant, which is located at 13315 East 116th Street North, and is not yet platted. The
proposed uses on the two parcels are related to automotive servicing and will eventually require
approval of two specific use permits, a plat, and a site plan.
SURROUNDING LAND USE:
Direction
Zoning
Use
Land Use Plan
Jurisdiction
North
Commercial Shopping (CS)
Vacant
Commercial
City of Owasso
South
Commercial Shopping (CS)
Restaurant
Commercial
City of Owasso
East
Commercial Shopping (CS)
Restaurant
Commercial
City of Owasso
West
Commercial Shopping (CS)
Vacant
Commercial
City of Owasso
SUBJECT PROPERTY /PROJECT DATA:
Property Size -
0.87 and 0.64 Acres
Current. Zonin`.
CS
Proposed Use
Automotive Servicing
Water Provider
Washington County Rural Water District #3
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
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 lots within the Commercial Shopping (CS) district
maintain a minimum of 125 feet of frontage along arterial roads. The two lots associated with this
case have yet to be created, but their separate lot split cases will be heard by the Planning
Commission at the September 14 meeting as OLS 20 -03 and OLS 20 -04. Each of the lots
proposed will not meet the minimum lot width requirements for the CS zoning district and thus
would be non - conforming. In order for the Planning Commission to consider the lot splits, a
variance must be approved by the Board of Adjustment to validate the two lots. The two lots
are being created to allow for the property to properly transact to two separate owners for the
purposes of developing two automotive service uses. The proposed lot split exhibits have been
attached with this staff report for reference.
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:
1. The application of the ordinance 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 a cloud on the property title and render the two lots non - conforming.
2. Such conditions are peculiar to the particular piece of property involved. The
conditions in this case are peculiar to the subject property as both of the lots
associated with this case are unusual with respect to their location and physical
constraints. To the west lies a creek with floodplain which squeezes the western lot.
Meanwhile the lot to the east is a small panhandled shaped remnant of a larger
tract. Between the two lots is the property line of the larger east and west parcel. In
short there is really no way to make these two lots conform to the minimum lot width
requirements given the context of the area where they are located and the shape of
the larger parent lots.
3. Relief, if granted, would not cause substantial detriment to the public good, or impair
the purposes and intent of the ordinance 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 properties. 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. Further the
two lots will be served with a single existing driveway, which essentially makes these
two lots function as one. The main purpose of the lot width minimum dimensional
requirement is to ensure driveways have adequate separation along arterial streets,
which is irrelevant in this particular case since one driveway will serve both 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 two subject lots. The consolidated driveway that will serve
both of the uses, essentially achieves the goals of the Zoning Code, Subdivision
Regulations, and policies of the City.
In conclusion, staff finds that this particular variance request meets the four (4) criteria of the
State Statues and Owasso Zoning Code.
This request for a variance is being made due to the peculiar circumstances with respect to the
shape and location of the property. Granting of the variance will not impact current utilities,
easements, or other infrastructure. The property will eventually have to be platted and the
current driveway will be identified as the only access into the two properties.
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 did not receive any calls from citizens concerning this case.
RECOMMENDATION:
Staff recommends approval of OBOA 20 -04, a variance allowing a reduction of the minimum CS
District frontage requirement of 125 feet for two lots measuring 88.52 feet in width and 118.83
feet in width to be created by an upcoming lot split.
ATTACHMENTS:
Area Map
Aerial Map
Lot Split Exhibits
0 50' 100'
1" = 100'
U.S. Survey Foot
Basis of Bearing
South Line of SW14
South 88° 44' 34' West
Per Oklahoma State Plane
Grid North
EXHIBIT
Split Tract (East Tract)
119.82'
14%t`1WFW11
R 14 W
Not To Sole
/// North Right of -Way Une
/ East 116th Street North
Point of Beglnnln9
S 88 °4434" W 118.83'
I
I
I
SW Comer, s 14, sec 4, 1 N 01 °26'09" W 100.00'
RIN, R14E, f.a6M. �
I � /Point of Commcrcement
East 116M Street North Y r SE Comer, SW 19, Sec 4,
1318.92' S 88 °4134" W 1318.94' R1N, R19E, LeeM.
SW Come, E72, SW 14, Sec. 4,
7-21N, R14F 18&M.
T
21
N
0 LEGAL DESCRIPTION
A tract of land located In the East Half of the Southwest Quarter (EJ2 -SW 14) of Section Four (4) of Township Twenty-one (21) North and Range Fourteen
(14) East of the Indian Base and Meridian (1. B. & M.), according to the U.S. Government Survey, thereof, Tulsa County, State of Oklahoma; being more
particularly described as follows:
Commencing at the Southeast comer of the SW14 of sold Sec. 4.;
Thence S 88 °44'34" W along the South line of said SW14 for a distance of 1318.94 feet to the SW comer of the EJ2 of said SWK
Thence N 01 °26'09" W along the West line of said E12-SW14 a distance of 100.00 feet to the Point of Beginning being on the present North Rlghtof -Way
of East 116th Street North;
Thence, continuing along said West line N 01'26'09" W for a distance of 317.46 feet;
Thence, N 68° 44'34" E for a distance of 119.82 feet;
Thence, S 01 ° 15'26 "E for a distance of 317.46 feet to a point on the present North Right-of-Way of East 116th Street North;
Thence, S 88° 44'34 "W along said Right-of-Way and parallel to the South line of said SW14 for a distance of 118.83 feet to the Point of Beginning.
Containing 37,881 Sq. Ft. or 0.8696 Acres, more or less.
Prepared By
BOLDEN
LAND SURVEYING
7304 NW 164th St., Suite #S, Ednand, Oklahoma 73013
C.A.# 7263 / Exp. Date - 613012022
Troy Dee, PLS #1745 Telephone: (405) 802.7883 Job No: 20277 troy@goldenls.con,
August 3, 2020 Drafted! by SO Sheet 1 Of
Plot Dais: August 3, 2020
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37,681 59, F[
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0.8696 Aces
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t
14%t`1WFW11
R 14 W
Not To Sole
/// North Right of -Way Une
/ East 116th Street North
Point of Beglnnln9
S 88 °4434" W 118.83'
I
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I
SW Comer, s 14, sec 4, 1 N 01 °26'09" W 100.00'
RIN, R14E, f.a6M. �
I � /Point of Commcrcement
East 116M Street North Y r SE Comer, SW 19, Sec 4,
1318.92' S 88 °4134" W 1318.94' R1N, R19E, LeeM.
SW Come, E72, SW 14, Sec. 4,
7-21N, R14F 18&M.
T
21
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0 LEGAL DESCRIPTION
A tract of land located In the East Half of the Southwest Quarter (EJ2 -SW 14) of Section Four (4) of Township Twenty-one (21) North and Range Fourteen
(14) East of the Indian Base and Meridian (1. B. & M.), according to the U.S. Government Survey, thereof, Tulsa County, State of Oklahoma; being more
particularly described as follows:
Commencing at the Southeast comer of the SW14 of sold Sec. 4.;
Thence S 88 °44'34" W along the South line of said SW14 for a distance of 1318.94 feet to the SW comer of the EJ2 of said SWK
Thence N 01 °26'09" W along the West line of said E12-SW14 a distance of 100.00 feet to the Point of Beginning being on the present North Rlghtof -Way
of East 116th Street North;
Thence, continuing along said West line N 01'26'09" W for a distance of 317.46 feet;
Thence, N 68° 44'34" E for a distance of 119.82 feet;
Thence, S 01 ° 15'26 "E for a distance of 317.46 feet to a point on the present North Right-of-Way of East 116th Street North;
Thence, S 88° 44'34 "W along said Right-of-Way and parallel to the South line of said SW14 for a distance of 118.83 feet to the Point of Beginning.
Containing 37,881 Sq. Ft. or 0.8696 Acres, more or less.
Prepared By
BOLDEN
LAND SURVEYING
7304 NW 164th St., Suite #S, Ednand, Oklahoma 73013
C.A.# 7263 / Exp. Date - 613012022
Troy Dee, PLS #1745 Telephone: (405) 802.7883 Job No: 20277 troy@goldenls.con,
August 3, 2020 Drafted! by SO Sheet 1 Of
Plot Dais: August 3, 2020
U.S. Survey Foot
Basis of Bearing
South Line of SW14
South 88° 44'34" West
Per Oklahoma State Plane
Grid North
M
EXHIBIT
Split Tract (West Tract)
Facf
R14W
Not To Scale
S 88 °4434 W 88-52'i
I North 16 MSUvWay Line
I Fors! 116N Street North
N01 °26109 "W100.001 � j
SWK Sec. 4, I
�SEC mCO SW4,SM 4,
_ Y SE Comer, SE/4, Sec 4,
1318.92' East ll6m SVeet Na�588 °44'34"W1318.94 R1N, R34E, La®N.
SE Comer, W122, SW 14, Sec. 4, J
7-21N, R14E, LB&M.
A tract of land located in the West Half of the Southwest Ouarter (W12 -SW 14) of Section Four (4) of Township Twenty-one (21) North and Range
Fourteen (14) East of the Indian Base and Meridian (l. B. & M.), according to the U.S. Government Survey, thereof, Tulsa County, State of Oklahoma;
being more particularly described as follows:
T
21
N
Commencing at the BE comer of the Si of Sec. 4, T -21 -N, R -14 -E, L B. & M.; Thence S 88 °4434" W along the South line of said SW14 for a distance
of 1318.94 feet to the Southeast comer of the W12 of said SW 14; Thence N 01'26'09' W along the East line of said W12SWI4 a distance of 100.00 feet
to the Point of Beginning being on the present North Right-of-Way of East 1160 Street North;
Thence, S 88 144'34' W along said Righto6Way and parallel to the South line of said SW14 fora distance of 88.52 feet;
Thence, N 01 ° 15'26" W for a distance of 317.46 feet;
Thence, N 88° 44'34' Eparallel to the South line of said SW 14 for a distance of 87.53 feet to a point on the East line of said W12SW 14;
Thence, S Of ° 26'07" E along said East line a distance of 317.46 feet to the Point of Beginning.
Containing 27,944 Sq. Ft. or 0.6415 Acres, more or less.
Troy Dee, PLS #1
August 3, 2020
Prepared By
($OLDEN
LAND SURVEYING
7304 NW 169th St, Suite #5, Edmond, Oklahoma 73013
C.A.# 7263 / Exp. Date =613012022
Telephone: (405) 802 -7863 Job No:20277 troyftoldenls.com
D.Red by. SO
Plot Date: August 3, 2020 Sheet 1 Of j