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HomeMy WebLinkAbout2022.04.26_Board of Adjustment AgendaOWASSO BOARD OF ADJUSTMENT April 26, 2022 6:00 PM PUBLIC NOTICE OF THE MEETING OF THE RECEIVED OWASSO BOARD OF ADJUSTMENT APR 21 2022 5 TYPE OF MEETING: Regular DATE: April 26, 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 21st day of April, 2022. Marsha Hensley, Assistant City Planner 1. Call to Order 2. Roll Call 3. Approval of Minutes from the March 22, 2022 Regular Meeting. 4. OBOA 22 -03 - Variance Request - 11940 East 86th Street North - Consideration and appropriate action relating to a request for a Variance to allow a reduction of the minimum frontage requirement within an Office (0) zoning district. The applicant is seeking a rezoning to Commercial Shopping (CS). The property is approximately 0.62 acres in size and is located at 11940 East 86th Street North. 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 @cifvofowasso.; am MEMBERS PRESENT Joe Ramey Jim Bausch Dean Knoten Brian Cook Kyle Davis OWASSO BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING Tuesday, March 22, 2022 Old Central, 109 North Birch MEMBERS ABSENT STAFF PRESENT Alexa Beemer Brian Dempster Marsha Hensley Karl Fritschen Julie Lombardi The meeting agenda was posted at the west entrance to City Hall on the 171h day of March, 2022 at 11:00 AM. CALL TO ORDER 2. ROLL CALL 3. Approval of Minutes from the January 25, 2022 Reaular Meeting - Mr. Bausch moved to approve the minutes of November 23, 2021 meeting, Mr. Knoten 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 -02 - Variance Request - Ator 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. 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 not present. Staff recommends approval of OBOA 22 -02. After brief discussion, Mr. Bausch moved to approve the Variance. Mr. Davis seconded the motion to approve the Variance request for OBOA 22 -02, to allow a lot within a Commercial General (CG) zoning district to maintain a reduction in the minimum frontage requirement. 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 March 22, 2022 Page 2 of 2 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. 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 6:13 PM. Chair Vice Chair Date TO: The Owasso Board of Adjustment FROM: Alexa Beemer City Planner SUBJECT: OBOA 22 -03 - Variance, 11940 E 86th St N DATE: April 22, 2022 BACKGROUND: The Community Development Department received a request for a variance to allow for a reduction of the minimum lot frontage requirement for property located at 11940 East 861h Street North. The subject property is approximately 0.62 acres in size and comprises a portion of Lot 68, Block 2 of the Three Lakes subdivision. The property is currently zoned Office (0). Pending Board of Adjustment consideration of this variance request, the applicant intends to seek a rezoning to Commercial Shopping (CS). SUBJECT PROPERTY DATA: Property Size 0.62 acres +/- Current Zoning Office (0) Proposed Zoning Commercial Shopping (CS) Current Use Vacant Land Use Master Plan Commercial Within PUD? No Within Overlay? No Water Provider City of Owasso Sewer 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 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. OBOA 22 -03 Page 2 ANALYSIS: • The 0.62 -acre subject property is currently zoned O. The lot is approximately one hundred eight feet (108') in width and approximately two- hundred and forty -eight feet (248') in length. Per the Owasso Zoning Code, the minimum lot frontage for lot width) needed for office -zoned properties is seventy -five feet (75'), meaning the lot is conforming as it is currently zoned. • However, the applicant has submitted a request to rezone the subject property to CS (OZ 22 -03). The Owasso Planning Commission and City Council are both scheduled to hear this rezoning request in May, pending Board of Adjustment action of this variance request. o Per the Owasso Zoning Code, the minimum lot frontage required for CS -zoned properties is one hundred and twenty -five feet (125'). Therefore, the subject property would not meet the minimum frontage requirement if it were to be rezoned. Considering the aforementioned items, the applicant seeks a variance request from the Board to reduce the minimum frontage requirements, in anticipation of rezoning the property from O to CS. 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. There is no way for the applicant to create a CS -zoned conforming lot, without purchasing additional property adjacent to the subject property. Without approval of this variance, the applicant will not be able to rezone their property and would therefore not be able to use the property for their intended, commercial, use. 2. Such conditions are peculiar to the particular piece of property involved. The subject lot was created under the Bulk and Area Requirements for O -zoned property, and as such has never complied with the Bulk and Area Requirements for CS -zoned property. Therefore, this situation is inherently peculiar because the lot was not created with commercial Bulk and Area Requirements in mind. The applicant's land is situated in the middle of a commercial corridor with nearby commercially -zoned properties, but it is unable to become a legal, commercially -zoned lot without approval of this Variance. 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 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. Further, the Land Use Master Plan calls out this area for commercial land uses. This variance request only involves the legal approval of the non - conformity so the applicant may proceed with a rezoning request through the City Council. It does not actually change any of the existing lot frontage widths. OBOA 22 -03 Page 3 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. 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 rezoning request (OZ 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 applicant's desire to rezone the property from O to CS. • The variance, if granted, would not functionally change the frontages of the subject property; it would simply clear the lot of any Code - related issues, and prepare it to be rezoned 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 not received any comments or concerns from adjacent property owners. SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction Commercial Shopping Commercial / Commercial / City of North (CS) / Residential Residential Residential Owasso Single - Family (RS -3) South Agriculture (AG) Neighborhood Parks & City of Park Recreation Owasso East Office (0) Office Commercial City of Owasso West Office (0) Office Commercial City of Owasso RECOMMENDATION: Staff recommends approval of OBOA 22 -03, allowing a reduction of the minimum frontage requirement for property that is seeking a rezoning to Commercial Shopping (CS). ATTACHMENTS: Aerial Map Survey Exhibit Legal Description E87C N SUBJECT TRACT E -81S THE EAST 108.13 FEET OF THE WEST 241.91 FEET OF LOT SIXTY -EIGHT (68), BLOCK TWO (2), THREE LAKES, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT NO. 3620, AND AS RECORDED IN DOCUMENT NUMBER 2008030360, TULSA COUNTY, OKLAHOMA DEED RECORDS, MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING ATA 1/2 INCH REBAR FOR THE SOUTHEAST CORNER OF SAID LOT 68; THENCE S 88°28'57" W A DISTANCE OF 28.13 FEET TO THE 1/2 INCH REBAR BEING THE POINT OF BEGINNING AND THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE S 88°41'15" W 108.19 FEET TO A 1/2 INCH REBAR FOR THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE N 01°20'34" W A DISTANCE OF 248.01 FEET TO A 5/8 INCH REBAR SET AT THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE N 88°32'40" E A DISTANCE OF 108.18 FEETTO A 1/2 INCH REBAR AT THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE S 01°20'49" E A DISTANCE OF 24818 FEET, RETURNING TO THE POINT OF BEGINNING, CONTAINING 0.62 ACRES MORE OR LESS.