HomeMy WebLinkAbout2021.10.26_Board of Adjustment AgendaOWASSO BOARD OF ADJUSTMENT
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ox
OF THE
October 26, 2021
6:00 PM
PUBLIC NOTICE OF THE MEETING OF THE RECEIVED
OWASSO BOARD OF ADJUSTMENT
TYPE OF MEETING: Regular OCT 20 2021 �
DATE: October 26, 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 20th day of October, 2021.
Marsha Hensley, Assistant City Plan er
1. Call to Order
2. Roll Call
3. Approval of Minutes from the September 28, 2021 Regular Meeting.
4. OBOA 21 -03 - Variance Request - Consideration and appropriate action relating to a
request for a variance to allow for a reduction of the minimum lot size requirement for
property located on the northern portion of 10010 North 97th Ease Avenue. The subject
property is approximately 0.68 acres in size and Is zoned Agriculture (AG).
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@citvofowasso.com
OWASSO BOARD OF ADJUSTMENT
MINUTES OF REGULAR MEETING
Tuesday, September 28, 2021
Old Central, 109 North Birch
MEMBERS PRESENT MEMBERS ABSENT
STAFF PRESENT
Joe Ramey
Karl Fritschen
Jim Bausch
Brian Dempster
Dean Knoten
Marsha Hensley
Brian Cook
Alexa Beemer
The meeting agenda was posted at the west entrance to City Hall on the 22nd day of
September, 2021 at 2:00 PM.
CALL TO ORDER
2. ROLL CALL
3. Approval of Minutes from the September 22, 2020 Regular Meeting - Mr. Knoten
moved to approve the minutes of September 22, 2020 meeting, Mr. Bausch
seconded the motion to approve the minutes.
AYE: Ramey, Bausch, Knoten
ABSTAIN: Cook
NAY: None
The motion carried 3 -1
BOARD OF ADJUSTMENT PUBLIC HEARING
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 125th East Avenue (Lot 1, Block 27,
Elm Creek Estates) Owasso, Oklahoma and is zoned Residential Single - Family (RS-
3).
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 applicant was present to address any
comments.
A brief discussion was held regarding the wideness of the carport. The applicant
explained that he had the driveway poured wider with anticipation of the
construction of the carport. He also stated that he has family and friends visiting
often and needs the extra space.
Mr. Bausch moved to approve, Mr. Ramey seconded the motion to approve the
special exception request for OBOA 21 -01, to allow a carport over their existing
driveway, which would encroach approximately three feet (3') into the required
front yard setback.
BOARD OF ADJUSTMENT
September 28, 2021
Page 2 of 3
A vote on the motion was recorded as follows:
AYE: Ramey, Bausch, Knoten, Cook
NAY: None
The motion carried 4 -0
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).
Mr. 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 applicant was present to address any
comments.
Staff recommends approval of OBOA 21 -02, a special exception to allow a for
approval of a 744 sq. ft. detached accessary building that is in excess of the
maximum allowed square footage of five - hundred (500) square feet 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.
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.
Mr. Knoten moved to approve, Mr. Bausch seconded the motion to approve the
special exception request for OBOA 21 -02, with the above conditions.
BOARD OF ADJUSTMENT
September 28, 2021
Page 3 of 3
A vote on the motion was recorded as follows:
AYE: Ramey, Bausch, Knoten, Cook
NAY: None
The motion carried 4 -0
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. Bausch moved for adjournment, seconded by Mr. Knoten. A
vote on the motion was recorded as follows:
AYE: Bausch, Ramey, Knoten, Cook
NAY: None
The motion was approved 4 -0 and the meeting was adjourned at 6:20 PM.
Chair
Vice Chair
Date
sd
REAL People •REAL CAaracbr •REAL Community
TO: The Owasso Board of Adjustment
FROM: Alexa Beemer
City Planner
SUBJECT: OBOA 21 -03- Hendricks Lot Area Variance
DATE: October 22, 2021
BACKGROUND:
The Community Development Department received a request for a variance to allow for a
reduction of the minimum lot size requirement for property located on the northern portion of
10010 North 97th East Avenue, just south of the southwest corner of North 97th East Avenue and
East 106th Street North. The subject property is approximately 0.68 acres in size and zoned
Agriculture (AG) and comprises the northern -most portion of the larger 23.96 acre parent tract.
The subject property currently houses an existing US Cellular communications tower.
SURROUNDING LAND USE:
Direction
Zoning
Use
Land Use Plan
Jurisdiction
North
Agriculture (AG)
Vacant
Residential
Tulsa County
South
Agriculture (AG)
Vacant
Residential
City of Owasso
Residential Multi - Family
East
(RM),
Vacant, Residential
Transitional,
City of Owasso
Residential Single - Family
Residential
High Density RS -3
West
Agriculture (AG)
Vacant
Residential
Tulsa County
SUBJECT PROPERTY /PROJECT DATA:
Property Size
0.68 acres +/-
art of a larger 23.96 acre +/- tract
Current Zoning
AG
Current Use
Cellular Tower
Water Provider
Citv 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
OBOA 21 -03
Page 2
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 subject property comprises a 0.68 acre portion of the larger 23.96 acre lot that the applicant
owns. Pending Board of Adjustment approval of this variance request, the applicant intends to
retain ownership of the 0.68 acre subject property while marketing the remaining portion of the
parent tract for residential lots. As such, the applicant has indicated that a Lot Split request for
the subject property will be forthcoming.
The City of Owasso Zoning Code requires that lots within the AG zoning district maintain a
minimum lot area of two (2) acres. The applicant has determined that 0.68 acres is all that is
needed to contain the existing cell tower. Strict application of the minimum lot area requirement
on the subject property would necessitate the creation of a lot larger than what is needed to
house the existing tower.
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 the standard Bulk and Area Requirements on the subject property because when
the property is split up into residential tracts, it will leave one tract with a cell tower on
it, which is not desirable. The applicant presently owns the property with the cell
tower and as such needs to create an individual parcel for it to occupy. Forcing the
minimum lot size requirement of two (2) acres is unnecessary and overly burdensome.
2. Such conditions are peculiar to the particular piece of property involved. The entirety
of the applicant's land is shaped like a right triangle, with the subject property
situated at the northern "point" of said triangle. Due to the size and location of the
tower, and the peculiar triangular shape of the subject property, the use of the 0.68
acre is limited; even if the subject property was the minimum 2 acres in size, it still
would probably not be large enough to accommodate the existing tower and a
future residential structure and meet the fall zone distance for cell towers.
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. The presence
of the existing cell tower means that the 0.68 acre subject property is essentially
undevelopable; there will be no room to place any additional structures near the
base of the tower. The applicant does not intend to sell the subject property to a
developer for other uses. As such, reducing the lot area minimum would not be
circumventing the intent of the Zoning Code or be in conflict with the Land Use
Master Plan
Further, the effects of the variance would only apply to the subject property. Finally, 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.
In summary allowing a reduction in the minimum lot area for the subject property
would not harm the public good or circumvent the intent of the Owasso Zoning
OBOA 21 -03
Page 3
Code or Land Use Master Plan. The cell tower has been on the property for many
years and mandating the minimum lot size requirements does not impair the
surrounding area and essentially just creates a smaller lot in which to house the tower,
equipment, and access road.
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 northern -most portion of the applicant's land, where the
existing cellular tower currently resides. The applicant is aware that any other lots they
wish to create on their property will need to be at least 2 acres in size.
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 unique nature of the lot; the presence of
the existing cell tower, as well as the triangular shape of the subject property, means that the far
northern portion of the applicant's lot is essentially undevelopable. Thus, requiring the applicant
to create a lot larger than 0.68 acres in the northern portion of the property would render a
larger portion of their lot undevelopable.
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 21 -03, allowing a reduction of the minimum lot area for
Agriculturally -zoned property.
ATTACHMENTS:
Aerial Map
Survey Exhibit
Legal Description
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1. ABSTRACT OF TTLE OR ATTORNEY'S TITLE OPINION NOT AVAILABLE TO
SURVEYOR ON DATE OF SURVEY.
2. THIS FIRM WAS NOT CONTRACTED TO RESEARCH EASEMENTS OR
ENCUMBRANCES OF RECORD. NO ATTEMPT TO RESEARCH COUNTY
RECORDS OR OTHER RECORD OFFICES WAS PERFORMED BY THIS FIRM,
EASEMENTS MAY AFFECT THE SUBJECT TRACT THAT ARE NOT REFLECTED
ON THIS PLAT. Al AFFECTING EASEMENTS PROVIDED BY CLIENT ARE
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3. THE BEARING BASIS FOR THIS PLAT IS THE OKLAHOMA STATE PLANE NORTH
PROJECTION.
Surveyor's Statement
HRAOK AND 1, SALVADOR TTONE, A PROFESSIONAL LAND SURVEYOR IN THE STATE OF
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TO THE BEST OF MY KNOWLEDGE AND BELIEF AS OF THIS DATE. THIS SURVEY MEETS
OR EXCEEDS THE MINIMUM STMIOARDS FOR SURVEYING IN THE STATE OF OKLAHOMA
AS SET FORTH BY THE OKLAHOMA STATE BOARD OF REGISTRATION FOR
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