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HomeMy WebLinkAbout2021.11.23_Board of Adjustment AgendaOWASSO BOARD OF ADJUSTMENT FND ,OF ' °wgSSo OF THE November 23, 2021 6:00 PM PUBLIC NOTICE OF THE MEETING OF THE RECEIVED OWASSO BOARD OF ADJUSTMENT NOV 91 2021 X� TYPE OF MEETING: Regular DATE: November 23, 2021 City Clerk's Office TIME: 6:00 PM 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 10:00 AM on the 18h day of November, 2021. 1�t\ cn I, Marsha Hensley, Assistant City Planner 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 istevensOO citvofowosso.corn MEMBERS PRESENT Joe Ramey Jim Bausch Dean Knoten Brian Cook OWASSO BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING Tuesday, September 28, 2021 Old Central, 109 North Birch MEMBERS ABSENT STAFF PRESENT Karl Fritschen Brian Dempster Marsha Hensley 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 4. OBOA 21 -01 - Special Exception Reguest - 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). 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. 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. 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 i� AFAL Paople • AEAL CM1amtlar• 0.EAL cammuNry TO: The Owasso Board of Adjustment FROM: Alexa Beemer Jurisdiction 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 971h East Avenue and East 1061h 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, Residential City of Owasso Residential Single - Family High Densit RS -3 West Agriculture (AG) Vacant I Residential Tulsa County SUBJECT PROPERTY /PROJECT DATA: Property Size 0.68 acres +/- art of a larger 23.96 acre +/- tract Current Zonin AG Current Use Cellular Tower Water Provider City of Owasso APPROVAL PROCESS: 1270.3 Board of Adiustment 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 Legal Descriptions s %mmRURnloxlml wMMf1gN4Ar MExOM11FAS1 CORNER %TxESOIFIXFAETWARIEA mEXR SW'30'IPW PoRSOrzRTDAFM"NG XEwERb4uOF- Wnr1'f NalIN9TN[/STAVENI:EAW tlNNN AEMN44ppW MMflf4•ETEYE n10XawDb $Mrakln [O.n RRTOSWIxEnsrwNGEm ]. 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ABSTRACT OF TIRE OR ATTORNEYS TITLE OPINION NOT AVAILABLE TO SURV EYOR ON DATE OF SV RVEY. 2. MIS FIRM WAS NOT CONTRACTED TO RESEARCH EASEMENTS OR ENWMBRANCES OF RECORO. NO ATTEMPT TO RESEARCH CWNfY RECORDS OR OTHER RECORD OFIRCES WAB PERFORMED BY THIS FIRM. EASEMENTS MAY AFFECT THE SUBJECT TMCT MAT ARE NOT REFLECTED ON THIS PLAT. ALL AFFECTING EASEMENTS PROVIDED BY CUM ARE SHOWNITMON, 3. THEBEARINGBASISFMMMP TISMEOI¢MIOMASTATEPLANENORTH PROJECTION. Surveyor's Statement SIRAOK Nk 4 3ALVAOO Y STATE MAT ADO LANG SURVEYOR INTHE STATE OF OKWIOMq 00 HEREBY STATE TWT THE ABOVE MAP REPRESENR A SURVEY TO FIELD UNDER AND BELIEF AS OF MIS AND MIS SUR WRRETS TO THE BEST OF MY WEOW'LFT NOAND BELIEF AS OF TEG DATE THIS SURVEY MEETS DR SET F THE MINIMUM ONDMOB FOR SURVEYING IN TEE STATETR 016AHOOR AS GET FORTH DY THE MO STATE BOARD IS TEGLSTMTON FOR FROFESWONALENDWEEA S ANO tAN09URVEYOR3ASOFTHIS DATE. WITNESBMYM MDSMMM47HMYONOCTOa6.. 21, �yOFES . Q 0.. HMOK .JJEOOR 14 N _ ISEU T� MVADORWONE PORO�FEroSWW. 140 OSURVEYOR dOYL NONE �j 1'-300' �I� SURVEY BY: EOT DRAFTED BY: M SVRVEY DATE: )OGXXrAX JOBNUMBER: 200410.11 6258.S.78[AW.A.P. TUNA 2W3731 DDAVR A RESNI= n ACCURRCY BOOK /PAGE N0. FILE NVMBER: 2713.13 1.44 014 -3)3) _BEFORE YOU OOH) N Comer Monuments ALL PROPERTY CORNERS ARE MARIV:DWITHCAPPEDSR• WONPWS PREPARED FOR MARK HENDRICKS Notes SPLIT EXHIBIT R 13 E Location Map T 21 N 1. ABSTRACT OF TIRE OR ATTORNEYS TITLE OPINION NOT AVAILABLE TO SURV EYOR ON DATE OF SV RVEY. 2. MIS FIRM WAS NOT CONTRACTED TO RESEARCH EASEMENTS OR ENWMBRANCES OF RECORO. NO ATTEMPT TO RESEARCH CWNfY RECORDS OR OTHER RECORD OFIRCES WAB PERFORMED BY THIS FIRM. EASEMENTS MAY AFFECT THE SUBJECT TMCT MAT ARE NOT REFLECTED ON THIS PLAT. ALL AFFECTING EASEMENTS PROVIDED BY CUM ARE SHOWNITMON, 3. THEBEARINGBASISFMMMP TISMEOI¢MIOMASTATEPLANENORTH PROJECTION. Surveyor's Statement SIRAOK Nk 4 3ALVAOO Y STATE MAT ADO LANG SURVEYOR INTHE STATE OF OKWIOMq 00 HEREBY STATE TWT THE ABOVE MAP REPRESENR A SURVEY TO FIELD UNDER AND BELIEF AS OF MIS AND MIS SUR WRRETS TO THE BEST OF MY WEOW'LFT NOAND BELIEF AS OF TEG DATE THIS SURVEY MEETS DR SET F THE MINIMUM ONDMOB FOR SURVEYING IN TEE STATETR 016AHOOR AS GET FORTH DY THE MO STATE BOARD IS TEGLSTMTON FOR FROFESWONALENDWEEA S ANO tAN09URVEYOR3ASOFTHIS DATE. WITNESBMYM MDSMMM47HMYONOCTOa6.. 21, �yOFES . Q 0.. HMOK .JJEOOR 14 N _ ISEU T� MVADORWONE PORO�FEroSWW. 140 OSURVEYOR dOYL NONE �j 1'-300' �I� SURVEY BY: EOT DRAFTED BY: M SVRVEY DATE: )OGXXrAX JOBNUMBER: 200410.11 6258.S.78[AW.A.P. TUNA 2W3731 DDAVR A RESNI= n ACCURRCY BOOK /PAGE N0. FILE NVMBER: 2713.13 1.44 014 -3)3) SURVEYED DESCRIPTION NORTH TRACT COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER THENCE S88 °30'10 "W FOR 50.00 FEET TO A POINT ON THE WEST RIGHT -OF -WAY OF NORTH 97TH EAST AVENUE ALSO KNOWN AS MINGO ROAD; THENCE SO-5742"E ALONG SAID RIGHT -OF WAY FOR 147.77 FEET TO SOUTHEAST CORNER LOT 3. THENCE N60 036'52 "W FOR 473.19 FEET TO A POINT ON THE EAST RIGHT -OF -WAY OF AT &SF RAILROAD; THENCE N14 °16'13 "E ALONG SAID RIGHT- OF- WAY FOR 1069.85 FEET TO THE POINT OF BEGINNING; THENCE N14 °16'13 "E CONTINUING ALONG SAID RIGHT -OF -WAY FOR 485.50 FEET TO A POINT OF INTERSECTION WITH MINGO RIGHT -OF- WAY; THENCE S00 °57'05 "E FOR 468.47 FEET; THENCE S89 002'55 "W FOR 127.47 FEET TO THE POINT OF BEGINNING; CONTAINING 29,858.56 SQ. FT. OR 0.68 ACRES MORE OR LESS.