HomeMy WebLinkAbout2022.03.22_Board of Adjustment AgendaOWASSO BOARD OF ADJUSTMENT
March 22, 2022
6:00 PM
PUBLIC NOTICE OF THE MEETING OF THE RECEIVED
OWASSO BOARD OF ADJUSTMENT s
BAR 17 2022
TYPE OF MEETING: Regular
DATE: March 22, 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 17th day of March, 2022.
Marsha Hensley, Assistant City PI nner
I . Call to Order
2. Roll Call
3. Approval of Minutes from the January 25, 2022 Regular Meeting.
4. OBOA 22 -02 - Variance Request - Afar Commercial Center- Consideration and
appropriate action relating to a request for a Variance to allow a lot within a
Commercial General (CG) zoning district to maintain a reduction in the minimum
frontage requirement. The property is approximately 1. 17 acres in size and is located
at 505 East 19th Street. The property is within the US -169 Overlay.
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
Kyle Davis
OWASSO BOARD OF ADJUSTMENT
MINUTES OF REGULAR MEETING
Tuesday, January 25, 2022
Old Central, 109 North Birch
MEMBERS ABSENT
STAFF PRESENT
Alexa Beemer
Brian Dempster
Marsha Hensley
The meeting agenda was posted at the west entrance to City Hall on the 20th day of
January, 2022 at 11:00 AM.
CALL TO ORDER
2. ROLL CALL
3. Approval of Minutes from the November 23, 2021 Regular Meeting - Mr. Knoten
moved to approve the minutes of November 23, 2021 meeting, Mr. Bausch
seconded the motion to approve the minutes.
AYE: Ramey, Bausch, Knoten, Cook, Davis
NAY: None
The motion carried 5 -0
BOARD OF ADJUSTMENT PUBLIC HEARING
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.
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
Special Exception request for OBOA 22 -01, to allow the expansion of a motor
vehicle repair shop on the above subject property.
A vote on the motion was recorded as follows:
AYE: Ramey, Bausch, Knoten, Cook, Davis
NAY: None
The motion carried 5 -0
BOARD OF ADJUSTMENT
January 25, 2022
Page 2 of 2
5. Report from Board of Adjustment Members - Kyle Davis, the new Board Member
was introduced and welcomed to the Board of Adjustment Committee.
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. Davis. A
vote on the motion was recorded as follows:
AYE: Bausch, Ramey, Knoten, Cook, Davis
NAY: None
The motion was approved 5 -0 and the meeting was adjourned at 6:08 PM.
Chair
Vice Chair
Date
TO: The Owasso Board of Adjustment
FROM: Alexa Beemer
City Planner
SUBJECT: OBOA 22 -02- Afar Commercial Center
DATE: March 18, 2022
BACKGROUND:
The Community Development Department received a request for a variance to allow for a
reduction of the minimum frontage requirement for property located at 505 East 19th Street
North. The subject property is approximately 1.17 acres in size and is zoned Commercial General
(CG) and is platted at Lot 4, Block 1 Ator Commercial Center. This Variance request is being
initiated due to the upcoming consideration of a lot split request (OLS 22 -03) by the Owasso
Planning Commission.
SURROUNDING LAND USE:
Direction
Zoning
Use
Land Use Plan
Jurisdiction
North
Commercial General
Commercial
Commercial
City of
Within Overlay?
(CG)
Water Provider
City of Owasso
Owasso
South
Commercial General
Commercial
Commercial
City of
(CG)
Owasso
Commercial General
City of
East
(CG)
Commercial
Commercial
Owasso
Residential Single - Family
City of
West
(RS -3)
Residential
Residential
Owasso
SUBJECT PROPERTY DATA:
Property Size
1.17 acres +/-
Current Zoning
CG
Current Use
Salon
Land Use Master Plan
Commercial
Within PUD?
No
Within Overlay?
Yes; US -169 Overlay
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:
OBOA 22 -02
Page 2
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 1.17 acre subject property was platted in 1985 as Lot 4, Block 1 of the Ator Commercial
Center. Pending Board of Adjustment action of this variance request, the applicant intends to
split the property into two separate legal lots, for the purpose of marketing the new northern lot
for sale. As such, the applicant has submitted a Lot Split request (OLS 22 -03) for the subject
property; said request is scheduled to be considered by the Owasso Planning Commission at
their regular meeting in April of this year.
The City of Owasso Zoning Code requires that lots within the CG zoning district maintain a
minimum frontage (or lot width) of one hundred and fifty (150') feet. The subject property was
platted with only one hundred and twenty -five (125') feet of frontage along East 19th St North
and fifty -nine (59') feet of frontage along Garnett Road. Since the subject property was platted
in 1985, well before the current Zoning Code was adopted, the lot is considered to be legally
non - conforming. However, the applicant seeks to split the property. Per the Owasso Subdivision
Regulations, the Planning Commission cannot legally approve a lot split that creates or worsens
the issues associates with a non - conforming lot; hence, the applicant is seeking approval of this
variance request.
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, as the lot was
platted in a way that is now considered non - conforming by current Zoning Code
standards. Retroactively requiring the applicant to bring the lot up to Code before
they can sell a piece of it would be unnecessary and overly burdensome; it would
require the applicant to attempt to combine the subject property with adjacent
property, to create a lot that is wide enough to be split.
2. Such conditions are peculiar to the particular piece of property involved. The fact the
subject property was platted in a non - conforming manner means that this situation is
inherently peculiar. The applicant's land is uniquely shaped , with narrow stretches of
land along its eastern and southern sides. As such, the property does not meet the
minimum widths of the CS zoning district on either street frontage, and never
technically has.
3. Relief, if granted, would not cause substantial detriment to the public good, or impair
the purposes and intent of the zoning ordinance or the Comprehensive Plan. The
subject property is considered to be a "grandfathered" legal non - conforming lot and
OBOA 22 -02
Page 3
has been functioning in such a way since its creation. The subject property has
existed with the reduced lot frontages for many years, and no major issues have
surfaced. Therefore, allowing the subject property to continue to exist with reduced
frontage widths should not harm the public good or circumvent the intent of the
Owasso Zoning Code or Land Use Master Plan. This variance request only involves the
legal approval of the non - conformity so the applicant may proceed with a lot split
request through the Planning Commission. It does not actually change any of the
existing lot frontage widths.
Further, 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.
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 subject property, and does not significantly alter the current
configuration of the subject property or its surrounding parcels as the property has
operated in its present condition for many years The applicant is aware that the
approval of this variance request is needed prior to the approval of the associated
lot split request (OLS 22 -03).
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 and shape of the lot, as it was platted in a manner that is now considered non-
conforming. This variance request will not functionally change the frontages of the subject
property. Rather, it will approve and validate the non - conformity that has been allowed to exist
since the lot's creation. The variance request will also clear the lot of any Code - related issues,
and prepare it to be split at a later date.
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 has only received one phone call concerning this case; the caller simply wanted more
information on why this request was being initiated.
RECOMMENDATION:
Staff recommends approval of OBOA 22 -02, allowing a reduction of the minimum frontage
requirement for property zoned Commercial General (CG).
ATTACHMENTS:
Aerial Map
Survey Exhibit
Legal Description
SURVEY PLAT
PARCEL "A"
LOT 4
BLOCK 1
0,78 ACRES
BLOCK 1
of
0.98 ACR88
BASIS OF BEARINGS: OKLAHOMA STATE PLANE
PROPOSED MUTUAL ACCESS RASEMENT
The West 25.0 feet of the East 125.0 feet of Lot i,
Block t of ATOR HEIGHTS THIRD ADDITION, as Addition
to the City of Owasso. Tulsa County, Oklahoma,
according to the recorded plat thereof.
OKLAHOMA MINIMUM STANDARDS FOR
THE PRACTICE OF LAND SUR ING
AS ADOPTED BY THE OKLAHOMA
STATE BOARD OF REGISTRATION FOR
PROFESSIONAL ENGINEERS AND LAND
SURVEYORS.
POWER POLE (TYP.)
0 30 60 120
SCALE IN FEET
CERTIFICATE
1, Brett King, the undersigned, a Registered Professional Land Surveyor L.S. 1533, in the State of Oklahoma,
of Landmark Surveying, C.A. 4572 6- 30 -23, of 245 South Taylor, P.O. Box 1328. Pryor, Oklahoma
(918- 825 -2804) do hereby certify that a careful survey of the following described property was made
under my supervision:
PARCEL "A"
Lot 4. Block i of ATOR COMMERCIAL CENTER, an Addition to the City of Owasso. Tulsa County, Oklahoma, according to
the recorded plat thereof, LESS AND EXCEPT the South 133.50 feet thereof.
PARCEL "B"
The East 125.0 feet of Lot 1. Black 1 of ATOR HEIGHTS THIRD ADDITION, an Addition to the City of Owasso, Tulsa
County, Oklahoma. according to the retarded plat thereof.
PARCEL "C"
The South 133.50 feet of Lot 4, Block 1 of ATOR COMMERCIAL CENTER, on Addition to the City of Owosso, Tulsa County,
Oklahoma, according to the retarded plot thereof.
Witness my hand and seal this 28th day of February, 2022.
February, 2022.
PUD -02-01