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Home My WebLink About2021.09.28_Board of Adjustment AgendaOWASSO BOARD OF ADJUSTMENT co �1 1, OF OWASSO ' O J (� 9 � S= r \� OF THE �RPi September 28, 2021 6:00 PM PUBLIC NOTICE OF THE MEETING OF THE OWASSO BOARD OF ADJUSTMENT RECEIVED TYPE OF MEETING: Regular SEP 22 2021 iJS DATE: September 28, 2021 TIME: 6:00 PM City Clerk's Office PLACE: Old Central, 109 N Birch NOTE: APPROPRIATE ACTION may include, but is not limited to: acknowledging, affirming, amending, approving, authorizing, awarding, denying, postponing, or tabling. Notice of Regular Meeting filed in the office of the City Clerk on December 11, 2020, and the Agenda filed in the office of the Owasso City Clerk and posted at City Hall, 200 S Main (west side) at 2:00 PM on the 22nd day of September, 2021. i u�,_ v� Marsha Hensley, Assistant City Pla ner 1. Call to Order 2. Roll Call 3. Approval of Minutes from the September 22, 2020 Regular Meeting. 4. OBOA 21 -01 - Special Exception Request - Consideration and appropriate action relating to a request for approval of a carport over their existing driveway, which would encroach approximately three feet (3') into the required front yard setback. The property is located at 8319 North 1251h East Avenue (Lot 1, Block 27, Elm Creek Estates) Owasso, Oklahoma and is zoned Residential Single - Family (RS -3). 5. OBOA 21.02 - Special Exception Request - Consideration and appropriate action relating to a request for approval of a 744 sq. ft. detached garage that is in excess of the maximum allowed square footage of five - hundred (500) square feet. The property is located at 418 South Cedar Street (Lot 4, Block 2, Ivadel Addition) Owasso, Oklahoma and is zoned Residential Single- Family (RS -3). 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 The City of Owasso encourages citizen participation. To request on 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, September 22, 2020 Old Central, 109 North Birch MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT Joe Ramey Sherry Jacobs Karl Fritschen Jim Bausch Brian Dempster Dean Knoten Marsha Hensley Alexa Beemer The meeting agenda was posted at the west entrance to City Hall on the 161h day of September, 2020 at 11:00 AM. CALL TO ORDER 2. ROLL CALL 3. Approval of Minutes from the August 25, 2020 Regular Meeting - Mr. Knoten moved to approve the minutes of August 25, 2020 meeting, Mr. Bausch 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 -05 - Variance Request - Consideration and appropriate action related to a request for approval of a variance to allow the reduction of the minimum of 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 145th East Avenue, Owasso, OK and is approximately 2.87 acres in size. 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 representative for the applicant was present to address any comments. Staff recommends approval of OBOA 20 -05, a variance to allow reduction of the minimum rear yard setback requirements in a RM (Residential Multi- family) district. A brief discussion was held regarding the regulated stream on the eastern portion of this property. Mr. Bausch moved to approve, Mr. Knoten seconded the motion to approve the variance request for OBOA 20 -05, allowing the reduction of the minimum rear yard setback from twenty (20) feet to fifteen (15) feet. BOARD OF ADJUSTMENT September 22, 2020 Page 2 of 2 A vote on the motion was recorded as follows: AYE: Ramey, Bausch, Knoten NAY: None The motion carried 3 -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) 7. Adjournment- Mr. Knoten moved for adjournment, seconded by Mr.Bausch. A vote on the motion was recorded as follows: AYE: Bausch, Ramey, Knoten NAY: None The motion was approved 3 -0 and the meeting was adjourned at 6:15 PM. Chair Vice Chair Date sa REAL People • REAL Cherocler • REAL Community TO: The Owasso Board of Adjustment FROM: Alexa Beemer Jurisdiction City Planner SUBJECT: OBOA 21 -01 - Special Exception - 8319 N 125th E Ave DATE: September 24, 2021 BACKGROUND: The Community Development Department received a request for a special exception to allow a carport within the twenty -five foot (25') front yard setback in a Residential Single - Family High Density (RS -3) district. The subject property is located at 8319 North 125th East Avenue, further described as Lot 1, Block 27 of the Elm Creek Estates First Addition subdivision. The applicant has requested the special exception in order to build a carport over their existing driveway, which would encroach approximately three feet (3') into the required front yard setback. SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North Residential Single - Family Residential Residential City of Owasso High Density RS -3 South Residential Single - Family Residential Residential City of Owasso High Densit RS -3 East Residential Single - Family Residential Residential City of Owasso High Densit RS -3 West Residential Single - Family Residential Residential City of Owasso High Densit RS -3 SUBJECT PROPERTY /PROJECT DATA: Property Size 0.24 acres +/- Current Zoning Residential Single - Family High Density (RS -3) Proposed Structure Carport Lots /Blocks Lot 1, Block 27 - Elm Creek Estates First Addition APPROVAL PROCESS: When the Community Development Department 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. oio o ANALYSIS Per Section 4.6.7.1 of the Owasso Zoning Code, carports encroaching into the front setback may be approved as a Special Exception by the Owasso Board of Adjustment (BOA). In this case, the applicant is proposing a twenty foot (20') by thirty foot (30') carport that will encroach approximately three feet (3') into the required front setback. The subject property is approximately 0.24 acres in size and contains an existing residential structure and a detached storage shed. The proposed carport would be constructed over the existing paved driveway, and would be approximately eight and a half feet (8.5') tall and does not appear to encroach on any platted utility easements. The applicant states that the carport is needed because their existing garage is too small to allow for two vehicles to park safely. When the City receives a request for a special exception for a carport, Section 4.6.7.1 of the Zoning Code requires that staff and the BOA consider factors listed below in evaluating the case: 1. Are there other carports in the front yard setback within three hundred (300) feet of the subject property? Staff Response: There is a metal frame, two -car carport located at a home on N 124th E PI, approximately four hundred and fifty feet (450') from the subject property. This means that the proposed carport would not be the first of its kind in this neighborhood. However, staff did not observe any carports within a three hundred foot (300') radius of the subject property, meaning that the proposed carport would be the first of its kind in this immediate area. 2. Does the main residential structure on the subject property have a functional garage? Staff Response: The residential structure on the property has a functional two -car garage; however, the applicant states that it is not large enough to allow them to park two vehicles within it and still be able to exit /enter those vehicles safely. Additionally, they have mentioned that the garage has a number of stored items within it. 3. Is there adequate room on the side or in the backyard of the property to accommodate either a one (1) or two (2) car carport? Staff Response: There appears to be adequate room on south side of the property to allow for an approximately twenty foot (20') wide carport. Staff advised the applicant of this fact when they initially met with them, but the applicant indicated that they wanted the carport to cover their existing driveway. It should be noted that the existing driveway is larger than a standard two -car drive. As such, the proposed carport would also be wider than the standard two -car carport, at thirty feet (30') wide. The presence of such a large accessory structure in the front setback may change the residential character of the neighborhood. 4. Is the carport necessary to alleviate a physical condition on or adjacent to the subject property that is causing property damage to parked vehicles? Staff Response: There does not appear to be any physical conditions on the subject property /adjacent to it that could pose a threat to parked vehicles. On the application, the applicant indicated that they did believe there were physical threats on the property. Staff visually surveyed the area and could not find any physical conditions that could potentially cause property damage to parked vehicles. Page 3 OBOA 21 -01 5. Are outbuildings, carports, and similar structures governed privately by a current functioning Homeowners' Association, neighborhood board, or architectural review board? Staff Response: There does not appear to be any sort of Association governing carports within the subdivision of the subject property. 6. On corner lots, will the placement of the carport cause any sight line issues? Staff Response: The subject property is not a corner lot and the proposed placement of the carport is not anticipated to create any site line issues. 7. Will the carport be open on three sides? Staff Response: Based on the drawings the applicant has provided to Staff, the carport will be open on three sides. 8. Was there any input or concerns from adjoining neighbors? Staff Response: Letters containing notification of this case were mailed to all property owners within three hundred feet (300') 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. With all of the above information in mind, Staff finds that the construction of the proposed carport would not be detrimental to the public welfare. However, there is the potential that the structure as proposed could be injurious to the character of the neighborhood. The Board should consider the above facts when deciding whether to make a motion to approve or disapprove this Special Exception Request. ATTACHMENTS: Aerial Map Property Survey /Site Plan Images of Existing Site Conditions Images of Example Carports Fotf: Ddyt;.Debbz¢SinzCdZKg 83.79. N. JASth E. Ave. 74055. PLAT OF SURVEY ffIII -10 __.._ .. .. .... .. ...... .•.:- ...... SECTION LINE - - -- ' •.;` "''" FENCE Y R Y X WATER LINE —W —W— GAS LINE —a —a- 21 :... ' j{..yf ELECTRIC LINE —E —E- � TELEPHONE LINE —T —T— - ..�:._: .....�...- .- _.1.,.__..:. +..... IRON PIN 4. I I SANITARY SEWER — SS —SS- ' SECTION —22— - EASEMENT LINE - - - - -- 000NTY Tnlea LOCATION MAP ' LEGEND e¢t T.P. S78053'5 1 "E --17- 91' < # LP. z S L =67. 08- 436.55 Fd.LP. 7Z4. E'� k°'1 °- 4817 Pe � o - 4ti N Ai - I�as_ }° = vn 53 - Set I.P. I b 91de y g� 27 I w n � 111 � I o o A 11i r dl r� 7RU �I 4g, I T.P. PROPERTY DESCRIPTION Lot I Block 27, ELM CREEK ESTATES, F24et Addition, glocha 21 th/eu 30, to the City 06 Owaeeo, Tutsa County, OhZahoma- CERTIFICATE .The undersigned ,a duly Registered Professional Land Surveyor in the -State of Oklahoma,doss hereby certify that the above plat Is a true and _ -. Correct representation of the survey of the above described property . . Witness my hand and veal this 13th day of Mau �I997 `"H1tlpiRnaae4' LANs �.. A.B. Watson Jr. 7 L.S, AZ. WATSONIR, Ragleterad Lon Surveyor nd L.S,I057 490 data h1 MkST! L Na uu-x56c> W14415.5 LLL 111311 110 1 J-d", $veciol ot,+C5 s•J t.k 4-o, 5p-%-S x c SHER'S 5SOUAa BOW d2.19Z IO. MiS S SOUAPE n- rvm mnc SOD '00 VEfi5 3 SQUARE 3oE OL —2- 0m v 1 f P ; kT6 Vr m be kY, 4 W6u SfCSC$ Slaw v-1 abr i�t5 Caxp�]ra 1,5„ f i7 l0.'. 4w SPAULDING HOME K t* "1 SPAULDING HOME � !f W'W'1✓ VIY) I W � � �,� I �+�K� � � P �v 1 � xr, w �YS ,r b n � � v i � 1 SPAULDING HOME F, et� iN STANDARD BUILDERS SUPPLY OF TULSA ll 4 FROM THEIR WEBSITE COMPARABLE CARPORT $144,990 For sale IN ,1 1 �p v>v. utiKnown �-e rnG. . n ; f� tJCSSo � DK \c�.homcL - - �••• From We1p. t�owse \n (�JC.SSn �J(Co M.paralol e. C.0.f Qof�c 4; All ?.' $144,990 For sale IN ,1 1 �p v>v. utiKnown �-e rnG. . n ; f� tJCSSo � DK \c�.homcL - - �••• From We1p. t�owse \n (�JC.SSn �J(Co M.paralol e. C.0.f Qof�c PEAL People •REAL Character •REAL Community TO: The Owasso Board of Adjustment FROM: Karl Fritschen RLA, AICP Jurisdiction Planning Manager SUBJECT: OBOA 21 -02 - Special Exception - Detached Garage DATE: September 24, 2021 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 418 South Cedar Street, further described as Lot 4, Block 2 of the Ivadel Addition. The applicant has requested the Special Exception in order to build a seven hundred forty -four (744) square foot detached garage on the subject property. The Zoning Code states that any accessory structure in an RS in excess of five hundred (500) square feet shall require approval from the Board of Adjustment. The subject property also lies within the Downtown Overlay District. SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North RS -3 (Residential Single- Residential Downtown City of Owasso Family High Density) Overlay South IL (Industrial Light) Meat Industrial /Regional City of Owasso Processing Em Io ment East IL (Industrial Light) Industrial Industrial /Regional City of Owasso Employment West RS -3 (Residential Single- Residential Downtown City of Owasso Family High Density) Overlay SUBJECT PROPERTY /PROJECT DATA: Property Size 0.27 acres (12,024 sq ft) +/- Current Zoning RS -3 (Residential Single - Family High Density Within an Overlay District? Yes; Downtown Overlay District Proposed Structure Detached Garage (744 sq ft) Lots /Blocks Lot 4, Block 2 - Ivadel 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 located at 418 South Cedar (Lot 4, Block 2 of the Ivadel Addition) in a residential neighborhood and is zoned RS -3 within the Downtown Overlay District. The applicant is proposing a seven hundred forty -four (744) square foot detached garage to be constructed just northwest of the existing home on the property. The existing carport on the property will be removed and the new structure will be built in essentially the some location, except six (6) feet further back to the north. According to the information supplied by the applicant, the structure will be thirty (31) feet by twenty -four (24) feet in size (744 sq. ft.) and nine (9) feet in height and will be used as a shop and miscellaneous storage. The zoning code requires structures that are less than fifteen (15) feet in height set back at least five (5) feet from adjoining lot lines. 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 in the RS -3 zoning district may not exceed twenty (20) percent of the lot area and may not be placed in the front setback. In the case of this application, the structures size will not violate the area requirements nor be placed in the front setback. However, the property does lie within the Downtown Overlay District, which requires that accessory structures meet the some architectural requirements as principal structures on the property. Given this, the structure is only allowed to be 10% metal on any side of the building, with the remainder being a non -metal material. The applicant has indicated that they intend to use a masonry product as their non -metal material. The applicant has provided a sketch and a material sample for the proposed structure indicating how it complies 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 newspaper in accordance with State Statute. At of the time of the writing of this memo, staff had not received any calls from citizens regarding the request. Staff has concluded that the request would not be injurious to the surrounding neighborhood or negatively harm the intent or spirit of the zoning code. Staff also believes that the request as presented improves the overall character of the property RECOMMENDATION: Staff recommends approval of OBOA 21 -02, 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. 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 may not encroach into any easements. 5. No commercial or industrial activities shall be operated within the proposed structure. 6. The proposed structure shall not be used as a residential dwelling. 7. The proposed structure shall not encroach into the front yard setback. 8. Only 10% metal may be allowed on any one side of the structure as per the Downtown Overlay requirements. ATTACHMENTS: Aerial Map Site Plan Architectural Exhibits MORTGAGE INSPECTION PLAT FOR LOAN PURPOSES N I I w Block 2 3 m Ip N 3 I 4) I 1t�yQ C C 1 45.75, U I 0 � I SHED co", .a CARPORT 4 'DRIVE I I e V d. . I 133' o I a � 4 w 1 STORY a.. m SIDING & FRAME + ' . DWELLING I T6 B/L I I N 145.75' LEGEND B/L BUILDING SETBACK UNE GE OVERHEAD ELECTRIC , CL CENTER LINE R/W RIGHT -OF -WAY GONG CONCRETE U/E UTILITY EASEMENT D/E DRAINAGE EASEMENT UE UNDERGROUND ELECTRIC EM ELECTRIC METER FLOOD NOTE ITEMS THIS DWELLING DOES NOT UE IN A 100 YEAR FLOOD ZONE AS PER FEM4 FIRM COMMUNITY AFFECTING: PANEL NO. 40143CO138L, REVISION DATE 10/16/2012. THIS PROPERTY UES IN ZONE X. NOT AFFECTING: LEGAL DESCRIPTION LOT FOUR (4), BLOCK TWO (2). NADEL ADDITION. A SUBDIVISION TO THE TOWN OF OWASSO. TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF. A.KA 416 SOUTH CEDAR STREET. , SURVEYOR'S STATEMENT I, MICHAEL ROYCE, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF �SSIONAL G OKLAHOMA, HEREBY STATE TO THE MORTGAGE AND /OR TITLE INSURANCE COMPANY THE pF q� FOLLOWING: THE INSPECTION PLAT HEREON REPRESENTS AN ACTUAL FIELD SURVEY OF THE IMPROVEMENTS ILLUSTRATED; THERE ARE NO ENCROACHMENTS EXCEPT AS INDICATED; ALL MICHAEL O EASEMENTS AND RIGHTS -OF -WAY DISCLOSED AND FURNISHED BY THE LENDING AND /OR m CLOSING AGENCY ARE SHOWN OR NOTED HEREON. NO EFFORT HAS BEEN MADE TO CHECK ROYCE THE RECORDS OF THE CONTY CLERK OR 1627 Y THIS EONLY PREPARED FOR MPROVEMENTIDENTIFICATION ANDTLOCATION PURPOSES AND SHOULD J �T NOT BE USED OR CONSTRUED AS A PROPERTY OR BOUNDARY SURVEY. NO PROPERTY ';10 CORNERS WERE SET. NO RESPONSIBILITY IS ASSUMED HEREIN OR HEREBY TO THE PRESENT 0 LARDTl`P OR FUTURE LANDOWNER OR OCCUPANT. SIGNATURE: (fir DATE: 05/11/16 SURVEYED BY PROJECT DATE Royce Land Surveying, P.C. CERTIFICATE OF AURIOMiATION NUMBER: 5270 EXPIPoIRON DATE: 06/30/2011 BUYER(S); SUE BENEDICT MAR 14620 0511 V16 PREPARED FOR: FRISCO TITLE CORPORATION AMERICAN EAGLE TITLE INSURANCE COMPANY OPEN MORTGAGE, LLC DRAWN BY SCALE DATE VLC I"=20' 05/11/16 REVISION DATE 113M &sr 66m 7 NORM IF= GWUM0. OR 74Z PH 918- 376 -951] m@ mycekAd.com I COMMITMENT NO. ORC6745 t 1, , air' ny"` "' °.1 k � i