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HomeMy WebLinkAbout2020.09.22_Board of Adjustment AgendaOWASSO BOARD OF ADJUSTMENT 0�1Y OF OWgssO o� x vj ( 9 IN (: 1 � i 1904 FNS OF THE �RPi September 22, 2020 6:00 PM PUBLIC NOTICE OF THE MEETING OF THE RECEIVED OWASSO BOARD OF ADJUSTMENT �S TYPE OF MEETING: Regular SEP 16 2U2c DATE: September 22, 2020 City Clerk's Office 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 16th day of September, 2020. �dJ S , 1�4,w� C E u Marsha Hensley, Assistant City tanner 1. Call to Order 2. Roll Call 3. Approval of Minutes from the August 25, 2020 Regular Meeting. 4. OBOA 20 -05 — Variance Request Consideration and appropriate action related to a request for approval of a variance to allow the reduction of the minimum rear yard setback requirements in a RM (Residential Multi- family) zoned district. The property is located south of East 861h Street North and west of North 1451h East Avenue, Owasso, OK and is approximately 2.87 acres in size. 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) 7. 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@citvofowosso.com MEMBERS PRESENT Joe Ramey Jim Bausch Abhijeet Utturkar Dean Knoten OWASSO BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING Tuesday, August 25, 2020 Old Central, 109 North Birch MEMBERS ABSENT Sherry Jacobs STAFF PRESENT Karl Fritschen Brian Dempster Marsha Hensley Alexa Beemer The meeting agenda was posted at the west entrance to City Hall on the 201h day of August, 2020 at 11:00 AM. CALL TO ORDER ROLL CALL Mr. Dempster introduced Ms. Alexa Beemer as the newly hired City Planner. 3. Approval of Minutes from the January 28, 2020 Regular Meeting - Mr. Knoten moved to approve the minutes of January 28, 2020 meeting, Mr. Utturkar seconded the motion to approve the minutes. AYE: Ramey, Bausch, Knoten, Utturkar NAY: None The motion carried 4 -0 BOARD OF ADJUSTMENT PUBLIC HEARING 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 Shopping) zoned district. The location of the property is approximately 13311 East 116th St No, Owasso, OK and is zoned CS (Commercial Shopping) District. Ms. Beemer 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 -04, a variance to allow reduction of the minimum frontage. A brief discussion was held regarding the required 125 feet of frontage long arterial road within Commercial Shopping districts. Ms. Beemer explained that the variance if approved would ensure the driveways have adequate separation. Mr. Knoten moved to approve, Mr. Bausch seconded the motion to approve the variance request for OBOA 20 -04. BOARD OF ADJUSTMENT August 25, 2020 Page 2 of 2 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) Mr. Dempster announced that Mr. Utturkar would be leaving the Board of Adjustment Committee and joining the Owasso Planning Commission. 7. Adjournment -Mr. Bausch 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 6:20 PM. Chair Vice Chair Date sd ftEnl Pwp�e • flEnL C�ancbr• REAL Community TO: The Owasso Board of Adjustment FROM: Alexa Beemer City Planner SUBJECT: OBOA 20 -05 - Setback Variance DATE: September 18, 2020 BACKGROUND: The City of Owasso received a request for a variance to allow for a reduction of the minimum rear setback requirement for property located south of East 86th Street North and west of North 1451h East Avenue. The subject property is approximately 2.87 acres in size and zoned Residential Multi - Family (RM). The applicant indicates they intend to construct a 57 -unit apartment building on the subject property; this proposed development will require the approval of a site plan. The subject property has a large Army Corp of Engineers (Corp's) regulated stream on its eastern portion, effectively cutting off approximately one -third (1/3) of the useable space on the property. Further, the nature of the way in which access is derived to the subject property presents some unique challenges with meeting the minimum rear yard setback requirements outlined in the Owasso Zoning Code. The applicant is therefore seeking a variance to reduce the minimum rear setback requirements within the RM Zoning District to allow for the proposed building to be shifted to the far west side of the property. SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North Commercial Shopping (CS) Commercial Commercial City of Owasso South Residential Multi - Family (RM) Vacant Commercial City of Owasso East Commercial Shopping (CS), Residential Multi - Family (RM) Convenience Store, Vacant Commercial City of Owasso West Residential Multi - Family (RM) Religious Institution Commercial City of Owasso SUBJECT PROPERTY /PROJECT DATA: Pro" ert Size r; 2.87 acres Current Zoning ` RM Proposed Use Apartment Complex Water Provider City of Owasso 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 RM district maintain a minimum of twenty (20) feet of setback between the rear property line and the building. There is a Corp's regulated stream running through the eastern third of the property. Any impacts or disturbances to the stream such as rerouting or modifications to its alignment may trigger a Corp's 404 permit, which can be very costly and complex. Considering this, approximately one -third (1/3) of the property is rendered essentially undevelopable due to the presence of said stream in the eastern portion of the property. The constructible area is further reduced by the twenty (20) foot rear yard setback requirement that runs along the western boundary of the property. The applicant is seeking a variance to reduce the required rear setback width along the western boundary of the subject property by five (5) feet, in the hopes that they can increase the total constructible area on the lot in a way that would allow for their proposed building's footprint. An aerial map of the property showing these physical limitations has 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 significantly decrease the amount of developable area of the property. 2. Such conditions are peculiar to the particular piece of property involved. The conditions in this case are peculiar to the subject property for two reasons. First, the large Corp - regulated stream running along the eastern edge of the property is a physical feature that adversely affects the way the property can develop and meet the required setbacks. Second, access to the subject property must be taken off of North 145th East Avenue, as the property was platted with Limits of No Access (LNAs) along East 86th Street North and the applicant was not able to secure access off of the private road to the west of the property. Because of this, the western edge of the subject property is now functioning as the "rear yard," as the front of the proposed building will face east towards 1451h E Ave. The designation of the western portion of the subject property as the "rear yard" means that a twenty (20) foot setback would be required, per the Owasso Zoning Code. However, the western portion of the subject property does not really function as a true "rear" yard; it instead functions as a "side yard," because the road to the west of the property is privately owned but functions essentially as a collector street serving the larger apartment complex to the south. Had the road been dedicated as a public street when the apartment complex was developed, the subject property would have been considered a non - arterial corner lot and been allowed a fifteen (15) foot side yard setback by right. Due to the road not being dedicated for public use, without the proposed Variance, the subject property must adhere to a more restrictive setback requirement. 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 property. 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, as stated previously, the subject property is essentially functioning as a non - arterial corner lot. The main purpose of rear setback requirements is to ensure that buildings do not encroach upon neighboring property boundaries. Since there is a private road to the west of the subject property, there is already a natural buffer between the western edge of the subject property and the eastern boundary of the neighboring lot. As such, granting relief of the rear setback requirements from twenty (20) to fifteen (15) feet would not impair the purpose and intent of the Zoning Code. 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 one side of the single subject property. The existence of the private drive to the west means that the subject property is functioning as a corner lot, so the goals of the Zoning Code, Subdivision Regulations, and policies of the City are being achieved, even with this reduction in rear setback width. 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 physical constraints on the property. Granting of the variance will not impact current utilities, easements, or other infrastructure. 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 -05, allowing a reduction of the minimum rear yard setback in the RM zoning district from twenty (20) feet to fifteen (15 feet) for the subject property. ATTACHMENTS: Aerial Map Conceptual Site Plan la" `b'� �{°�� r �.:� A a P' o N V O t u m 311tl H1S >L,N p -1i?H9- (FI r IM'TrlFFT k3 T � $y @ P� fe �, i. as;;sa ° "• 5gc� &'� §g €. x ° . e . `Him " =ds= 55 s sill. _,,,, r s ^�,dt. ore�o0 ��� ®etas °�a �€'e_.��a "=3to �p7ar "• -1i?H9- (FI r IM'TrlFFT P� fe �, IkII[ lUl`E��IilJl� q YS �II — x .o nm ° fJ 1`{'EN r ik i^ F r rY - nSi uux e m (UYAWdJ 3AV 30M61 N i. as;;sa ° "• 5gc� &'� §g €. x ° . e . `Him " =ds= 55 s sill. _,,,, r s ^�,dt. ore�o0 ��� ®etas °�a �€'e_.��a "=3to �p7ar "•