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HomeMy WebLinkAbout2022.01.25_Board of Adjustment AgendaOWASSO BOARD OF ADJUSTMENT January 25, 2022 6:00 PM PUBLIC NOTICE OF THE MEETING OF THE RECEIVED OWASSO BOARD OF ADJUSTMENT TYPE OF MEETING: Regular JAN 2 0 2022 DATE: January 25, 2022 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 Friday, December 10, 2021, and the Agenda posted at City Hall, 200 S Main at 11:00 AM on the 20th day of January, 2022. Marsha Hensley, Assistant City Plarkner 1. Call to Order 2. Roll Call 3. Approval of Minutes from the November 23, 2021 Regular Meeting. 4. OBOA 22 -01 - Special Exception Request - Consideration and appropriate action relating to a request for a Special Exception to allow for the expansion of a motor vehicle repair shop on property that is located at the northwest corner of South Birch Street and East 2nd Avenue. The property is approximately 0.72 acres in size and is zoned Downtown Mixed (DM) and is within the Downtown Overlay District. 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 @cityofowasso.com MEMBERS PRESENT Joe Ramey Jim Bausch Dean Knoten Brian Cook OWASSO BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING Tuesday, November 23, 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 1841 day of November, 2021 at 10:00 AM. CALL TO ORDER 2. ROLL CALL 3. Approval of Minutes from the September 28, 2021 Regular Meeting - Mr. Bausch moved to approve the minutes of September 28, 2021 meeting, Mr. Knoten seconded the motion to approve the minutes. AYE: Ramey, Bausch, Knoten, cook NAY: None The motion carried 4 -0 BOARD OF ADJUSTMENT PUBLIC HEARING 4. BOA 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). 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. Mr. Bausch moved to approve, Mr. Knoten seconded the motion to approve the variance request for OBOA 21 -03, to allow a reduction of the minimum lot size required for the above subject property. A vote on the motion was recorded as follows: AYE: Ramey, Bausch, Knoten, Cook NAY: None The motion carried 4 -0 5. Report from Board of Adjustment Members BOARD OF ADJUSTMENT November 23, 2021 Page 2 of 2 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, Cook NAY: None The motion was approved 4 -0 and the meeting was adjourned at 6:05 PM. Chair Vice Chair Date TO: The Owasso Board of Adjustment FROM: Alexa Beemer Jurisdiction City Planner SUBJECT: OBOA 22 -01 - Special Exception - Foster's DATE: January 21, 2022 BACKGROUND: The Community Development Department received a request for a Special Exception to allow for a non - permitted use in the Downtown Overlay District. The subject property is located at the northwest corner of South Birch Street and East 2nd Avenue, addressed as 105 East 2nd Avenue and 108 South Birch Street East. The property is platted as the south twenty -five (25) feet of Lot 1 & all of Lot 2 and Lot 3, Block 23 Original Town of Owasso. The property is currently zoned Downtown Mixed (DM), is within the Downtown Overlay District, and is approximately 0.72 acres in size. The applicant is asking for a Special Exception from the Owasso Zoning Code (Chapter 10, "Overlay Districts "; Section 10.10.4, "Prohibited Uses ") to allow for the expansion of a motor vehicle repair shop on the property. SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction Motor Vehicle Repair Shop (expansion) Land Use Master Plan Downtown Development District Downtown South 25' Lot 1 & all Lot 2 and Lot 3, Block 23 Original Town North Downtown Mixed (DM) Commercial Development City of Owasso City of Owasso District Downtown South Downtown Mixed (DM) Commercial Development City of Owasso District Downtown East Downtown Mixed (DM) Commercial Development City of Owasso District Downtown West Downtown Mixed (DM) Commercial Development City of Owasso District SUBJECT PROPERTY /PROJECT DATA: Property Size 0.72 acres +/- Current Zoning Downtown Mixed (DM) Proposed Use Motor Vehicle Repair Shop (expansion) Land Use Master Plan Downtown Development District Lots /Blocks South 25' Lot 1 & all Lot 2 and Lot 3, Block 23 Original Town Within PUD? No Within Overlay District? Yes; Downtown Overlay Water Provider City of Owasso APPROVAL PROCESS: Section 4, Article XV in Appendix B of the Owasso Zoning Code reads: "The Owasso Board of Adjustment (BOA) shall hold the public hearing and may, upon the concurring vote of three (3) members, 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." "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 comprised of two (2) separate legal lots, both owned by the same individual. The existing shop facility, located on the southern half of the subject property, became a non - conforming use upon adoption of the Downtown Overlay District in 2015 under Ordinance 1051. The applicant wishes to construct a new, free - standing building approximately 4,800 square feet in size within the vacant northern portion of the subject property. The applicant indicated the second building would serve as office and storage space, but it would essentially function as an expansion of the existing vehicle repair shop. Per Chapter 10, Section 10.10.4, Overlay Districts of the Zoning Code, motor vehicle repair shops are listed as prohibited uses in Table 10.4. Under Section 10.10.5 of the Owasso Zoning Code, non - conforming uses in existence prior to the adoption of the current Code are allowed to continue in the some manner that they historically have operated. As such, the existing shop facility is considered a "legal non - conforming" use. However, by the same Section 10.10.5, an expansion of such a legal non - conforming facility by more than twenty -five percent (25 %) of the gross square footage of the property triggers the enforcement of the regulations outlined in Chapter 10 of the Owasso Zoning Code. Since the proposed expansion would be greater than 25% of the subject property's gross square footage, the applicant needs to secure approval from the Owasso Board of Adjustment to allow the expansion of a non- conforming use within the Downtown Overlay District. Hence, the applicant has brought forth this Special Exception request. The intent of the Special Exception process is to ensure a proposed use or structure 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. When the Downtown Overlay District was adopted, several uses were identified that could be injurious to the goals and intent of the Overlay. These uses were prohibited in the Downtown Overlay, and were listed in Table 10.4. Motor vehicle repair shops were included in this list because they are not pedestrian in scale and incompatible with the encouraged residential and mixed uses. Additionally, they can be perceived as having a negative aesthetic quality, and are counter the walkable mixed -use environment that the Downtown Overlay District seeks to achieve. Working with staff over the past several months, the applicant proposes to develop the expansion in such a way as to comply with the Downtown Overlay District in terms of the design of the facility. The proposed building would be oriented with the front fagade facing Birch St, with parking in the rear. By pushing the building towards the front setback and public right -of- way, the applicant would be in keeping with the goals of the Overlay by creating a look that appears more pedestrian in scale and less auto - centric. The proposed building itself will be covered with decorative EFIS stucco material; the fagade facing Birch St will also have false dormers affixed to it, to give the impression that the building is two stories in size. The proposed building will be built on the area that is currently used as an open -air, unscreened parking lot and storage area for inoperable vehicles. As such, the proposed expansion will make the subject property more aesthetically pleasing and more in keeping with the intent of the Downtown Overlay District. Likewise, the conceptual site plan also depicts a six - foot -tall privacy fence encompassing the entirety of northern section of the subject property. Along Birch St, the proposed fence will be accented with several brick columns, to break up the long expanse of plain wood. Landscaping would also be introduced along Birch St, where none exists now. These design elements will meet the intent and purpose of the landscaping and screening requirements laid out in Chapter 19 of the Owasso Zoning Code, thus bringing the property further into conformity. The enhanced screening will also serve to beautify the property, and have an overall positive impact on the aesthetics of this area of the Downtown Overlay District. In summary, this case is unique in many respects. The subject property is home to established business that has been at the heart of Owasso's downtown long before the Overlay District was in place. The applicant and property owners have all expressed their desire to improve the subject property, starting with the proposed expansion. While this case involves an expansion of a prohibited use, the applicant has worked with Staff to ensure that the design of the site will actually bring the property closer to conformity with the regulations outlined in Chapter 10 of the Owasso Zoning Code. Increased screening, landscaping, and a new attractive building transforms an underutilized piece of property into an aesthetically pleasing example of what Owasso's Downtown District was intended to promote. Staff does not believe that the proposed use will be a detriment to the area or adjoining properties and may in fact spur additional redevelopment on the surrounding parcels. The applicant has made an effort to ensure the spirit of the zoning code is maintained. The conceptual design indicates that the structure will be built in a way that supports the goals of the Downtown Overlay District. Letters containing notification of this case were mailed to all property owners within three hundred (300) feet of the subject property and notification was posted in the Owasso Reporter in accordance with Oklahoma State Statute. As of the date of this memo, staff has received no responses regarding the request. The City of Owasso will provide police, fire, ambulance, water and sanitary sewer services to the subject property. Any development that occurs on the subject property must adhere to all subdivision, zoning, and engineering requirements of the City of Owasso. RECOMMENDATION: Staff recommends approval of OBOA 22 -01, a Special Exception to allow for the expansion of a motor vehicle repair shop in the Downtown Overlay District, subject to the approval of site plan package reviewed by the Technical Advisory Committee at their regular meeting on December 15, 2021. ATTACHMENTS: Aerial Map Zoning Map GrOwasso 2030 Land Use Master Plan Map Conceptual Site Plan Aerial Map OBOA 22 -01, Special Exception Zoning Map OBOA 22 -01, Special Exception Land Use Master Plan Map