HomeMy WebLinkAbout2022.05.24_Board of Adjustment AgendaOWASSO BOARD OF ADJUSTMENT
Seal of the City of Owasso, Oklahoma
End of the Trail
May 24, 2022
6:00 PM
PUBLIC NOTICE OF THE MEETING OF THE
OWASSO BOARD OF ADJUSTMENT RECEIVED
TYPE OF MEETING: Regular MAY 19 2022
DATE: May 24, 2022
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 Friday, December 10, 2021,
and the Agenda posted at City Hall, 200 S Main at 11:00 AM on the 19th day of May, 2022.
Marsha Hensley, Assistant City PI nner
1. Call to Order
2. Roll Call
3. Approval of Minutes from the April 26, 2022 Regular Meeting.
4. OBOA 22-04 Special Exception Request - 10703 East 118th Court North -
Consideration and appropriate action relating to a request for a Special Exception to
allow for the construction of a 24' x 50' accessory building in the rear yard. The
property is zoned Residential Single - Family (RS -3) and is located at 10703 East 118th
Court North, (Lot 7, Block 4, Country Estates IV).
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 iisstevens@citvofowasso.com
MEMBERS PRESENT
Joe Ramey
Jim Bausch
Kyle Davis
Brian Cook
OWASSO BOARD OF ADJUSTMENT
MINUTES OF REGULAR MEETING
Tuesday, April 26, 2022
Old Central, 109 North Birch
MEMBERS ABSENT
Dean Knoten
STAFF PRESENT
Alexa Beemer
Brian Dempster
Marsha Hensley
Julie Lombardi
The meeting agenda was posted at the west entrance to City Hall on the 21 It day of
April, 2022 at 11:00 AM.
CALL TO ORDER
2. ROLL CALL
3. Approval of Minutes from the March 22, 2022 Regular Meeting - Mr. Bausch
moved to approve the minutes of March 22, 2022 meeting, Mr. Cook
seconded the motion to approve the minutes.
AYE: Ramey, Bausch, Cook, Davis
NAY: None
The motion carried 4 -0
BOARD OF ADJUSTMENT PUBLIC HEARING
4. OBOA 22 -03 - Variance Reauest - 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.
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 -03.
After a brief discussion regarding the property entrances and if they will be
changing, Mr. Bausch moved, Mr. Davis seconded the motion to approve the
Variance request for OBOA 22 -03.
A vote on the motion was recorded as follows:
AYE: Ramey, Bausch, Cook, Davis
NAY: None
The motion carried 4 -0
5. Report from Board of Adjustment Members
BOARD OF ADJUSTMENT
April 26, 2022
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)
Adjournment - Mr. Davis moved for adjournment, seconded by Mr. Cook. A
vote on the motion was recorded as follows:
AYE: Bausch, Ramey, Cook, Davis
NAY: None
The motion was approved 4 -0 and the meeting was adjourned at 6:13 PM.
Chair
Vice Chair
Date
REAL People •REAL Character •REAL Community
TO: The Owasso Board of Adjustment
FROM: Alexa Beemer
City Planner
SUBJECT: OBOA 22- 04- Special Exception -10703 East 118th Court North
DATE: May 20, 2022
BACKGROUND:
The Community Development Department received a request for a Special Exception to allow
for the construction of a structure in excess of the maximum allowed square footage for an
accessory building in a Residential Single - Family (RS -3) district. The subject property is located at
10703 E 1 18th Ct N, further described as Lot 7, Block 4 of Country Estates IV.
SUBJECT PROPERTY /PROJECT DATA:
Property Size
0.34 acres +/-
Current Zoning
Residential Single - Family (RS -3)
Within an Overlay
District?
No
Within a PUD?
No
Proposed Structure
Detached Garage (1,200 sq ft)
Lots /Blocks
Lot 7, Block 4 - Country Estates IV
Water Provider
City of Owasso
Sewer Provider
City of Owasso
APPROVAL PROCESS:
According to Appendix B, Article XV, Section 4 of the Owasso Zoning Code:
"The Board of Adjustment shall hold the public hearing and, upon the concurring
vote of three (3) members, may 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."
A building permit for the proposed structure must be issued within one (1) year of the date of
approval, or the special exception shall be considered void unless the BOA has approved an
extension.
ANALYSIS:
a The subject property is approximately 0.34 acres in size and is zoned RS -3.
The applicant has requested the Special Exception in order to build a one thousand two
hundred (1,200) square foot detached garage on the subject property.
o The Zoning Code states that any accessory structure in an RS -3 district in excess of
five hundred (500) square feet shall require approval from the Board of
Adjustment.
• In 2007, the Board did approve a Special Exception for this property, to allow for the
construction of an eight hundred twenty -eight (828) square foot detached building
(OBOA 07 -10).
o However, because the applicant is now desires to construct a building that is
larger than what was originally approved back in 2007, the Board must consider a
new Special Exception request (OBOA 22 -04).
• According to the information supplied by the applicant, the proposed garage would be
approximately twenty -four (24) feet wide by fifty (50) feet long. The structure would be
placed in the northwest portion of the applicant's yard.
• The Owasso Zoning Code requires structures that are less than fifteen (15) feet in height
set back at least five (5) feet from adjoining lot lines. If the structure is to be taller than
fifteen (15) feet in height, it must be setback at least ten (10) feet from any property line.
o The applicant has indicated that the garage will be placed fifteen (15) feet from
the western property line, and fifteen (15) feet from the northern property line. As
such, the proposed detached garage will be placed an adequate distance from
the property line so as to not cause detriment to surrounding property owners.
• According to the Owasso Zoning Code, detached accessory structures in the RS -3 zoning
district may not exceed twenty (20) percent of the lot area and may not be placed in
the front setback.
o The proposed structure will not violate the lot coverage regulation, as the unique
shape of this corner lot means that there will be ample space left in the rear yard,
even if the proposed garage is constructed. The garage would be one thousand
two hundred (1,200) square feet, and the total area of the rear yard is just over
seven thousand (7,000) square feet.
o The structure is also to be placed well outside of the lot's front setback.
The survey of the property does show a fifteen (15) foot utility easement, running
diagonally along the northern portion of the subject lot. However, this easement has
since been abandoned and closed (Book 6798, Page 2408).
o The proposed garage will, therefore, not encroach on any platted and /or filed
utility easements; this further ensures that no harm will come to the general public
welfare.
• Letters containing notification of this case were mailed to all property owners within three
hundred (300) feet of the subject property, and notification was also posted in the
newspaper in accordance with State Statute.
o At of the time of the writing of this memo, staff had not received any calls from
citizens regarding the request.
• In conclusion, Staff has determined that the request would not be injurious to the
surrounding neighborhood or negatively harm the intent or spirit of the zoning code.
SURROUNDING LAND USE:
Direction
Zoning
Use
Land Use Plan
Jurisdiction
North
Residential Single - Family
Residential
Residential
City of Owasso
RS -3
South
Residential Single - Family
Residential
Residential
City of Owasso
RS -3
East
Residential Single - Family
Residential
Residential
City of Owasso
RS -3
West
RS -3 (Residential Single-
Residential
Residential
City of Owasso
Family High Density)
RECOMMENDATION:
Staff recommends approval of OBOA 22 -04, a Special Exception to allow for the construction of
a structure in excess of five hundred (500) square feet within a residential single - family (RS -3)
district.
ATTACHMENTS:
Aerial Map
Survey
Site Plan Photos
Architectural Exhibits
ground.
Aerial
Photo 202012021
LAND SURVEYOR'S
MORTGAGE INSPECTION CERTIFICATE
LEGEND
For: Guaranty Abstract Co.
Lender.: Spirit Bank
Page: 40 Invoice: 20769
1.) Five foot- underground electric
easement from electric m=ain to
metering point at service entrance
to dwelling.
2.) Subject property lies in
Unshaded Zone X, according to the
FIRM Community Panel No. 40143CC-
_ 228 -H. , Dated 9- 22 -99.
Owner: Brian Bizzell Address: 10703F;Fast 118th Court N. - Collinsville, Oklahoma
(7). U/B recorded ;n Sank 3926. Page. 259, does P:(Y" affect :,abject- prnLri y.
(8). U/S recorded in Book 3926, Pacle 251; does tKY_' affect; subject property.
(11) R/u easement to P.S.O. recorded In Boob: 62,9, Pace :362: does t:02'flifect subject -
property.
Description: Lot Seven (7), Block Four (4), COUNFRY ESTATES IV, an Addition to the City
of Owasso, Tulsa County, State of Oklahoma, according to the recorded Plat- thereof.
MORTGAGE INSPECTION CERTIFICATE -
1, RODGER G. RAGSDALE, A PROFESSIONAL LAND SURVCYOn REGISTERED IN n1E STATE OF OR-AI SOMA.I ICREDY CERTIFY THAT THIS
MORTGAGE- INSPECTION CERTIFICATE IS PREPARED FOR:
Guaranty Abstract Company - Spirit Bank
AND THAT TIIIS IS NOT LAND OR BOUNDARY SURVEY PLAT, AND TI IAT THIS PLAT IS NOT TO BE RELIED UPON FOR TI IS ESTARUSISMENT OF
FENCE, BULLOING OR OTHER FUTURE IMPROVEMENT LINES. FENCES. IF 31 101 ARE FOR RFFERENCC ONLY. ACTUAL LOCATIONS RCOUIRE A
BOUNDARY SURVEY, NO EFFORT HAS BEEN MADE TO SEARCH THE RECORDS OF THE COUNTY CLERK'S OR OTHER GOVERNMGIJT OFFICE.
ANY EASEMENT OR RIGHTS Of WAY SHOYVN OR NOTED IS PER SUBDIVISION PLAT OR A SPECIFICALLY PRUVIOED BY THE I.CNDER TO THE
UNDERSIGNED. I FURTHER CCRHF THAT THE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCBI.OF LAND. ON THIS DATE. EXCEPT UTILITY
CONNECTIONS AND FENCES. ARE ENTIRELY WITHIN THE PARCEL. EXCEPT AS SHOWN. TISAT THERE ARC NO ENCROACHMI:WTS UPON THE
DESCRIBED PREMISES BY IMPROVEMENTS ON ANY ADJOINING PREMISES. EXCEPT AS INDICATED. AND THAT THEJVjfljjEC) APPARENT
EVIDENCE OR SIGN OF ANY EASEMENT CROSSING OR BURDENING ANY PART OF SAID PARCEL. EXC@PTASSIIDWN.. 1 .._ G.
VATNESS MY HMO AND SEAL THIS 15th
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