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HomeMy WebLinkAbout2007.06.26_Board of Adjustment MinutesOWASSO BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING Tuesday, June 26, 2007 Owasso Community Center, 301 South Cedar MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT Ken Foster Joe Ramey Eric Wiles Charles Brown Trish Hauser Marsha Hensley David Hall Dan Salts The meeting agenda was posted at the north entrance to City Hall on the 18`h day of June, 2007 at 12:00 PM. mil\ 111II ILIZIJ� 1 2. ROLL CALL 3. Approval of Minutes from the May 22, 2007 Regular Meeting — David Hall moved to approve the minutes of May 22, 2007. Charles Brown seconded. AYE: Foster, Brown, Hall NAY: None The motion carried 3 -0. 4. OBOA- 07 -11— Anstine - A request for a variance to reduce the required 5 feet side yard setback in order to accommodate a detached accessory building on a property zoned RS -3 (Residential Single Family), located at 7603 North 122 East Avenue. Ken Foster presented the item and Eric reviewed the staff report. The applicant constructed a detached accessory building approximately 3 feet off the southern property line of the property. After a site visit it was determined that the building had been constructed 2 feet over the required 5' side yard setback. The applicant was asked to add guttering to the building and the applicant did so. Notification letters were mailed to property owners within 300 feet of the property and the request was advertised in the Owasso Reporter. Staff does recommend approval of OBOA 07 -11. The applicant was present to answer questions. Also present was the neighbor to the south, Mr. Lee Price. Mr. Price stated that he was against the variance because he felt that the building was an eye sore. He also had concerns that this outbuilding would cause a decline in his property value. Mr. Ray Anstine explained that the building inspector had agreed that it was a portable building and proceed with the construction. Brian Dempster, the building inspector came by a few weeks later and told Mr. Anstine that his building was placed illegally, it is too close to the property line. Brian asked him to add guttering on the building by June 1, 2007, to minimize the storm water runoff. The guttering has been completed. After further discussion, Charles Brown moved to approve the variance request; David Hall seconded the motion. A vote on the motion was recorded as follows: BOARD OF ADJUSTMENT June 26, 2007 Page 2 of 3 AYE: Foster, Brown, Hall NAY: None The motion carried 3 -0. OBOA 07 -12 — Josserand — A request for a special exception of the Owasso Zoning Code Section 1002, Areawide Special Exception Uses, to allow for a non - permanent vendor in a commercial district on property zoned CS (Commercial Shopping Center District). The proposed use of the property is as a snow cone vendor. Ken Foster presented the item and Eric reviewed the staff report. The applicant is requesting a special exception to allow for a non - permanent vendor in a commercial shopping district. Staff recommends that all signage for the use must be approved by City staff and that on -site trash receptacles must be provided by the applicant. Notification letters were mailed to property owners within 300 feet of the property and the request was advertised in the Owasso Reporter. Staff does recommend approval of OBOA 07 -12. Staff recommends approval of OBOA- 07 -12, for a three year period, through September 15, 2010, subject to the following conditions: 1. All signage be reviewed by the City Staff to ensure the strict adherence to the Owasso Sign Code. 2. The applicant must provide on -site trash receptacles. 3. The applicant must get annual approval from the City Planner prior to locating the business on site. David Hall moved to approve the special exception request for a three year period, through September 15, 2010 and subject to the above staff conditions. Charles Brown seconded the motion. A vote on the motion was recorded as follows: AYE: Foster, Brown, Hall NAY: None The motion carried 3 -0. 6. Other Business 7. ADJOURNMENT — David Hall moved for adjournment, seconded by Charles Brown. A vote on the motion was recorded as follows: AYE: Foster, Brown, Hall NAY: None The motion was approved 3 -0 and the meeting was adjourned at 6:50 PM. BOARD OF ADJUSTMENT June 26, 2007 Page 3 of 3 Vice Chair Date