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HomeMy WebLinkAbout2004.01.27_Board of Adjustment AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO BOARD OF ADJUSTMENT TYPE OF MEETING: Regular DATE: January 27, 2004 TIME: 6:00 PM PLACE: Owasso Community Center, 301 S. Cedar NOTICE FILED BY: Duane Cuthbertson TITLE: City Planner Filed in the office of the Owasso City Clerk and posted at the north entrance to City Hall at 12:00 PM on the 8" day of January, 2004. Duane Cuthbertson City Planner OWASSO BOARD OF ADJUSTMENT Tuesday, January 27, 2004, 6:00 PM Owasso Community Center, 301 S. Cedar AGENDA Call to Order Roll Call Approval of Minutes from the December 24, 2004 Regular Meeting. BOARD OF ADJUSTMENT PUBLIC HEARING 4. OBOA- 04-01— Twenty First Properties. Inc. — A request for a VARLANCE FROM THE BUILDING SETBACK REGULATIONS on the southwest comer of property located in the Owasso Wal -Mart addition at the northeast comer of E. 86's St. N. and U.S. Highway 169. Other Business 6. Adjournment CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT OBOA — 04 -01 STAFF REPORT The City of Owasso has received a request from Twenty First Properties, Inc., owner /applicant, for a VARIANCE FROM THE BUILDING LINE REQUIREMENTS. Twenty First Properties, Inc. proposes to build an 8100 square foot retail building for a single tenant on the western edge of the `Big Lots' shopping center. The new building proposes to construct the southwest comer 13' over the western building setback line. LOCATION The subject property is located in the Owasso Wal -Mart addition in the northeast comer of East 86's St. N. and U.S. Highway 169. The variance is requested for new construction of a retail building on a pad site immediately north of the existing sonic restaurant and east of the highway service road. A site map is attached illustrating the subject property's location. EXISTING LAND USE The subject site is within a commercial shopping center. The subject site on which the developer seeks a variance is vacant. SURROUNDING LAND USE North: Shopping Center retail South: Sonic Restaurant East: Shopping Center retail West: U.S. Highway 169 PRESENT ZONING CS (Commercial Shopping District) SURROUNDING ZONING The subject site is within a shopping center and surrounded by CS zoning. ANALYSIS The Board of Adjustment, upon application, and after notice and public hearing, may grant variances from the terms of this code only upon a finding that the variance will not cause substantial detriment to the public good or impair the spirit, purposes and intent of this code, or the Comprehensive Plan, where by reason of exceptional narrowness, shallowness, shape, topography, or other extraordinary or exceptional situation, condition, or circumstance peculiar to a particular property, the literal enforcement of the code will result in unnecessary hardship. The Board shall not vary any jurisdictional requirements such as notice. The applicant is requesting a variance from the Board of Adjustment to proceed with the construction of a retail building in a commercial shopping center. Granting the applicant's request would allow the building's southwest corner to extend 13' over the western building setback line adjacent to the U.S. Highway service road, The applicant is seeking to make an addition to the shopping center's (and Owasso's) supply of choices by creating more retail space for potential tenants and customers (of which the owner already has a tenant on line for the proposed addition). As previously stated, the addition would contribute to the City of Owasso's retail selection, consequently expanding to the City's overall retail customer draw. The site is a preferable location for the addition of retail space in that it is a retail power center located at the junction of U.S. Highway 169 and E. 86's St. N., currently one of Owasso's busiest and most visible intersections. The proposed addition contains multiple benefits for the City of Owasso, most specifically that the proposal would increase the existing tax base without expanding municipal services. The applicant has found a tenant that would like to locate in the shopping center however this tenant is limited to a specific prototype, requiring an 8100 square foot rectangular building. As such, in order for the owner to add the proposed building the current conditions will necessitate that he compromise the western building setback line. There is an existing circumstance peculiar to this particular property in that there is a contractual agreement with Big Lots, which owns the largest space in the shopping center, to preserve a visibility and parking corridor on the property. This peculiarity exists on the land by virtue of a contractual prohibition, which is in the nature of a restrictive covenant, on any building within the corridor that extends from the Big Lot's space to the southern property line (a map illustrating this point is attached). It prevents any new building from encroachment and necessarily limits any proposed addition in the shopping center to the southwestern comer as moving the proposed building north along the western boundary would compromise the parking circulation and the visibility of the shopping center. This proposed action will not cause substantial detriment to the public good or impair the spirit, purposes and intent of this code, or the Comprehensive Plan in that the western edge of the property is adjacent to U.S. Highway 169 and in this particular spot the highway has an extraordinarily wide Right -of -Way. In fact the physical separation between this property and the service road paving is greater than normal due to the presence of a concrete lined drainage ditch. The service road paving is approximately 65' west of the east Right -of -Way line. That is 15' more than the 50' required by the Zoning Code. Subsequently, breaching the building setback line by 13' will still leave more combined Right -of -Way and Setback (102') than what is normally required (100'). In addition, the proposed breach of the setback line will not hinder the visibility of the service road user, or the ability to access the shopping center. It will require no new cuts into the service road and no new circulation system through the shopping center. Notices were mailed to all property owners within three- hundred (300) feet of the subject property on January 5, 2004 and the request was advertised in the Owasso Reporter. Staff received no objections concerning OBOA 04 -01. Staff recommends approval of OBOA 04 -01, that Twenty First Properties, Inc. be granted a Variance from the building setback regulations to allow for the construction of the southwest corner of the proposed building 13' over the western building line. ATTACHMENTS 1. General Area Map. 2. OBOA 04 -01 Variance Application 3. Site Map 4. Contractual Agreement 5. Public Notice >� «\ "/ �� ru�wl . � : y - OBOA- CITY OF OWASSO P.O. BOX 180 OWASSO, OKLAHOMA 74055 (918) 272 -2251 FAX (918) 272 -4997 BOARD OF ADJUSTMENT ZONING VARIANCE THE FOLLOWING INFORMATION TO BE SUPPLIED BY APPLICANT Describe below the specifics of your request. Where applicable, indicate pertinent uses, distances, dimensions, etc. Please attach any plot plans, photographs and other factual information that will assist the Board in determining the merits of your request. Variance of building setback as shown on recorded plat from 50' to 37' for a new retail building. The southwest corner of the proposed building will extend over the building line by approximately 13' The building cannot be moved further east due to a contractual agreement with a tennat (Big Lots) of the old Wal -Mart building. PROPERTY LEGAL DESCRIPTION Lot 1, Block 1, "Owasso Wal- Mart ", an addition to the City of Owasso, Tulsa County, Oklahoma. Name and Address of Record Owner Address or General Location of Subject Property Twenty First Properties, Inc. 86th Street North and Highway 169 Service Road As applicant, what is your interest in this property? Name of person to be billed for publication I Phone ❑Present Owner ©Agent for Owner Twenty First Pro erties, Inc. /Greg Simmort 743.4300 ❑Purchaser ❑Other Mailing Address 2121 South Columbia Ave., Ste. 650 ❑Attorney for Owner Tulsa, OK 74114 The Board of Adjustment is allowed to approve variances only after determining from the evidence and arguments presented that the conditions listed below do exist. Please describe how your request satisfies each of these conditions 1. Application of the zoning ordinance requirements to this particular property will create unnecessary hardship. The orientation (angle) of the service road and existing parking layout along with the contractual agreement with present retailers causes the proposed building to encroach over the building setback line. 2. There are conditions peculiar to this property which do not apply to other properties in the same zoning district. The physical separation between this property and the service road paving is greater than normal due to the presence of a concrete lined drainage ditch. The service road paving is approximately 65' west of the east right -of -way line. 3. The variance, if granted, will not cause substantial detriment to the public good or impair the purpose and intent of the zoning ordinance or the comprehensive plan. The west side of the subiect tract faces the service road for Highway 169 and the placement of the new structure is consistent with the Sonic and Bank to the south. I CERTIFY THAT THE SUBMITTED INFORMATION IS TRUE AND CORRECT I Signature IA", Please submit the completed application form and application fee of $75 along with a Certified 300' Radius Report (available from an abstract company) and other supplemental documents to the City Planner on or before the fast day of the month in which the request is to be heard by the Board. This is a quasi - judicial proceeding. The applicant or applicant's agent must be present at the hearing to receive approval. BOA MEETING DATE PRESENT USE SUBMITTAL DATE ZONING DISTRICT FEE RECEIPT NUMBER APPROVED DENIED L _ I I I%7 6 -ta -E T 21 N __.._.._.. �__......_ Loeetlan Mao 473.31'_ w cP -w a' w GP 5893.5�6F1 "W�y.�- x"-15' UTILITY EASEMENT — y — — P w 460.10' ✓ �/ — — 50 SCALE IN FEET Ni �g,� 0 %10 8100 S.F. fr - - - - - - - - - - - - - - - - r -17.5' UTILITY EASEMENT —�Tro1 SB955'51'W MINGO VALLEY SHOPPING CENTER 2]' CA SACKANDASSOC /AYES, INC. 111 Ph Cobol. 4111 Fo South 19.5 Elgin Names, Tulsa, O4lohomo ]i130 -lam Pn: 910Number t Fox: 9ffi.592.a239 E -mLA). Ex, ssvc. 2005am CA Number I703 (PE /l5) and 1161 (LA). Evp. June 30. 2005 ZP elect. 0WASOM11 Osv.1ng: SITE02A x6[FS. COPVFITE 5-811X T -SA12 Omen: OHJ Clare, E3425 No 2T4.20 Omen C Plptted.. 29 DEC 2003 Jan IS 04 02:01p TWENTY FIRST PROPERTIES 916- 745 -1075 P.2 r 1 SUBLEASE AGREEMENT This Agreement is entered into this L 6 day of IVt+J - , 0001, between Twentv First Properties, Inc., an Oklahoma corporation with its principal office located at 2121 South Columbia Street, Suite 650, Tulsa, OK 74115 -3505 ("Sublessor"), and Big Lots Stores, one., an Ohio corporation with its principal office located at 300 Phillipi Road, Columbus, Ohio 43228 ( "Sublessee "). WITNESSETH: WHEREAS, Wal -Mart Realty Company, an Arkansas corporation, with its business address at 702 S.W. 80 Street, Bentonville, Arkansas 72716 ( "Lessor"), and Sublessor, as ( "Lessee'), are patties to a Lease Agreement dated August 30,2001 ("Lrase'l attached hereto as Exhibit A and made a part hereof, relating to a certain premises consisting of approximately 11.06 acres of real property and improved with a building containing approximately 90,921 square feet ( "Leased Premises "); the Leased Premises being situated at 8787 Owasso Expressway, Owasso, Tulsa County, Oklahoma.74055 and more particularly described in the above - mentioned Sublease; and WHEREAS, Sublessor and Sublessee desire to enter into a Sublease with respect to a portion of the [.eased premises, hereinafter referred to as the "Subleased Premises" described in Exhibit "C", containing 33,593 square fcet, and shown on the site plan attached hereto as Exhibit ,.B „. NOW THEREFORE, in consideration of the Subleased Premises and the mutual covenants contained herein, the Parties covenant and agree as follows: 1. DEFINITIONS: For purposes of this Sublease, these terms are defined as follows: A. Common Areas: Tie term "Common Areas” as usekd herein shall mean the improved portions of the Leased Premises, including landscaped areas, not occupied by building area as shown on the site plan attached hereto as Exhibit B, including, but not limited m, the parking areas, driveways, service driveways, service areas, sidewalks, any landscaped areas, signs and pylon signs (excluding Sublessee'spattiiviar sipr pane(), and parking la lighting poles and light fixtures of the leased Premises which shall be collectively referred to as Common Areas. Expressly excluded from the definition of Coinmon Areas are the roof and all structural portions of the Leased premises. Sublessor shall maintain the Common Areas, as provided in Section 6D of this Sublease and pursuant to Article YI of the Lease, which shall remain under Sublessors control and Sublessor agrees not to change such Common Areas except as provided herein. Sublessee shall comply with the reasonable rules and regulations which are prescribed from time to time by Sublessor with respect to the Common Areas, provided, such rules and regulations do not unreasonably adversely affect Sublessee's business operation, and such are applied uniformly to all Sublessees. Neither Sublessee, nor any ofSublessee's employees, contractors or agents shall fence, block, or allow property to remain in or upon or otherwise obstruct the Common Areas, except as may be provided herein. Sublessor shalt ---- #' not alter the_pai�intt arcs crosshatched in gran on Exhibit B L "No Build Area') without Su_blesset�s prim written consent such consent not to be unreasonably withircliI or delayea. So long as Sublessor does not materially adversely affect the character of the Leased premises, the visibility or accessibility of the Subleased Premises, or reduce the number of parking spaces serving the Leased Premises below the number required by applicable law. Sublessor, from time to tine, and upon prior written notice to Sublessee, shall have the right to perform the following: (a) change or modify, and add to or subtract from the Common Areas, including without limitation, changing or modifying the size, location, shape andfor arrangement of parking areas, entrances, exits, and parking aisle alignments, and to charge for partying; (b) restrict parking by Sublessee's employees to designated olblrata 1/00 Jan 16 04 02:01p TWENTY FIRST PROPERTIES 918 - 745 -1075 p.3 Is 0 IN TESTIMONY WHEREOF, the Sublessor and Sublessee have caused this Sublease to be signed as of the respective acknowledgment dates set forth below: Signed and acknowledged in the presence of: Witnesses As To Sublessor•, SUBLESSOR: Twenty First Properties, Ina, Qklahoana corporation 1 Title: P�tS t tI Witnesses As To Sublessee: COUNTY OF —raj6c SUBLESSEE: Big Lots Stores, Inc, Oh* raU o m sz . >aj Kathiernitupper Title: Vice President Before me, a Nory Public in ag for said State and Co ,personally the above named Sublessor,! /l�l by, f/S �,t t its P&z4'AG.N -f who acknowledged that he/she did sign the foregoing instrument and that the same is the free act and deed of said corporation, and the free act and deed of him/her personally and as said officer. STATE OF OHIO COUNTY OF FRANKLIN Xnfllkew d, at earl rlgaoes :7 -14-� L Before me, a Notary Public, in and for saidlState and County, personally appeared the above named Sublessee, Big Lots Stores, Inc., by , its Vice President who acknowledged that he did sign the foregoing instrument and that the same is the free act and deed of said corporation, and the free act and deed of him personally and as said officer. IN WnWBS WHEREOF, I have hereunto set my hand and the official seal, at this ,Id dayof 4`90 h 2001. ublic PENNY i. SAVAGE "014" PUBLIC SPATE lff 81110_ MY CIMQpS7a0B EXPIRES S / Qd _s olblrata Iro0 29 Jan 16 04 02:01p TWENTY FIRST PROPERTIES 919-745 -1075 p.4 EXHIBIT 3 SITE PLAN V1. %A 0. IL 10 111100 1;4 or f4 -41 -.11ram 1100 92 City of Owasso Department of Community Development 111 North Main PO Box 180 Owasso, OK 7405: NOTICE TO PROPERTY OWNER OBOA 04 -01 (918) 376.1540 FAX (918) 376.1597 pections: 376.1542 .cityofowasso.com Notice is hereby given that a public hearing will be held before the Owasso Board of Adjustment in the Owasso Community Center, 301 South Cedar, Owasso, Oklahoma at 6:00 PM on the 27a` day of January, 2004. At that time and place the Owasso Board of Adjustment will consider a request from Twenty First Properties, Inc., applicant/owner, for a VARIANCE FROM BUILDING SETBACK REQUIREMENTS for a proposed new building located in the general vicinity of E. 86th St. N. and U.S. Hwy 169 on the westem edge of the Owasso Wal -Mart addition, Owasso, Tulsa County, Oklahoma. As an abutting or nearby property owner, you are being notified so that you may be able to express your views or concerns regarding this request. If you are unable to attend this meeting, please forward any comments you may have in writing to the Owasso Community Development Department, PO Box 180, Owasso, OK 74055. These comments will be presented to the Board of Adjustment members at the scheduled public hearing by the Community Development Staff. Information and maps showing the property location may be inspected in the office of the City Planner, 111 North Main Street, Owasso, Oklahoma, 74055 or by calling 376.1543. This is your only personal notification of this request. Dated at Owasso, Oklahoma, this 5a` day of January, 2004. Sincerely, Duane CutHbek City Planner OBOA 04-01 General Area Map Twenty First Properties, Inc. City of Owasso Department of Community Development 111 North Main PO Box 180 Owasso, OK 74055 DATE: JANUARY 27, 2004 TO: MEMBERS OF THE BOARD OF ADJUSTMENT FROM: DUANE CUTHBERTSON, CITY PLANNER SUBJECT: RESCHEDULING JANUARY MEETING (918) 376.1540 FAX (918) 376.1597 Inspections: 376.1542 www.city0fowasso.com Due to several conflicts in Board of Adjustment member schedules, the regularly scheduled Board of Adjustment meeting set for Tuesday, January 27, 2004 has been rescheduled for Tuesday, February 3, 2004. The rescheduled meeting will be held in the Owasso Community Center at 301 S. Cedar St. at 6:00 PM. Attached is an agenda for the special meeting. No additional items will be heard. If you have any questions please contact me at your convenience at 376.1543. REAsoms January 8, 2004 City of Owasso: Please use this letter as permission for Allison Andreoli to use the necessary parking lot space to construct a tent for the purpose of selling plants and flowers during the spring season. Sincerely, 6?z&� 1 Allen Mills Senior Vice President Reasor's LLC 200 West Choctaw Tahlequah, Oklahoma 74464 916- 456 -1472 reasors.com PUBLIC NOTICE OF THE MEETING OF THE OWASSO BOARD OF ADJUSTMENT TYPE OF MEETING: Special DATE: February 3, 2004 TIME: 6:00 PM PLACE: Owasso Community Center, 301 S. Cedar NOTICE FILED BY: Duane Cuthbertson TITLE: City Planner Filed in the office of the Owasso City Clerk and posted at the north entrance to City Hall at 12:00 PM on the 27th day of January, 2004. Duane Cuthbertson City Planner OWASSO BOARD OF ADJUSTMENT Tuesday, February 3, 2004, 6:00 PM Owasso Community Center, 301 S. Cedar AGENDA 1. Call to Order 2. Roll Call 3. Approval of Minutes from the December 24, 2004 Regular Meeting. BOARD OF ADJUSTMENT PUBLIC HEARING 4. OBOA- 04 -01— Twenty First Properties Inc. — A request for a VARIANCE FROM THE BUILDING SETBACK REGULATIONS on the southwest comer of property located m the Owasso Wal -Mart addition at the northeast corner of E. 86"' St. N. and U.S. Highway 169. 5. Other Business 6. Adjournment CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT OBOA — 04 -03 STAFF REPORT BACKGROUND The City of Owasso has received a request from Larry Duvall, applicant on behalf of Reasor's, Inc., 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 SHOPPING DISTRICT on property zoned CS (Commercial Shopping Center District). The proposed use of the property is as a snow -cone vendor. LOCATION The subject property is described as Lot 1, Block 1, Clark Plaza Fourth, and further described as 11815 E. 86e` St. N., Owasso, OK. EXISTING LAND USE Retail — Supermarket SURROUNDING LAND USE North: Retail — Shopping Center South: Retail — Shopping Center East: Residential — Single Family West: Retail — Shopping Center PRESENT ZONING CS (Commercial Shopping Center District) SURROUNDING ZONING North: CS (Commercial Shopping Center District) South: CS (Commercial Shopping Center District) East: RS -3 (Residential Single Family High Density District) West: CS (Commercial Shopping Center District) APPLICABLE REGULATIONS Owasso Zoning Code, Section 620 - Accessory Uses Permitted in Commercial Districts, Section 1002 - Areawide Special Exception Uses and Section(s) 1400 through 1490 - Board of Adjustment. SITE SPECIFIC HISTORY A survey of the records housed at the Community Development Department indicates that this particular use has been allowed to operate at this location with prior Board of Adjustment approvals. ANALYSIS The applicant is requesting a special exception from the Owasso Zoning Code to allow for a non - permanent vendor in a commercial shopping district. The proposed use of the property is as a snow -cone vendor. A site map is included with your packets. According to the Owasso Zoning Code, the Board of Adjustment may grant a 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. Provided that 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. Staff believes that all criteria have been met relative to the special exception language in the Owasso Zoning Code. Staff finds that the application is consistent with stated intent of the zoning code and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Letters were mailed to all property owners within three- hundred (300) feet of the subject property on February 6, 2004 and the request was advertised in the Owasso Reporter on February 5, 2004. Staff has received no phone calls or correspondence regarding this request. Issues that should be addressed by this Board are related to signage, trash receptacles and the length of time that the use of the property is allowed. Staff would recommend that all signage for the use must be approved by City staff and that on -site trash receptacles must be provided by the applicant. Additionally, staff would recommend that the special exception use cease on October 15t ` 2004. RECOMMENDATION Staff recommends approval of OBOA- 04 -03, subject to following conditions: 1. The special exception use is discontinued no later than October 15ti% 2004, 2. All signage be reviewed by the City Planner to ensure the strict adherence to the Owasso Sign Code. 3. The applicant must provide on -site trash receptacles. ATTACHMENTS 1. General Area Map. 2. OBOA -04 -03 Application. 3. Letter from Property Owner. 4. Copy of Letters Sent to Surrounding Property Owners. Owasso Community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376,1597 www.cityofowasso.com �A rty E. 86th St. N. OBOA 04-03 Special Exception comer of E. 86th St. N. and US Highway 169 F.k a 0. 2 — ---------- - 17 Owasso Community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376,1597 www.cityofowasso.com �A rty E. 86th St. N. OBOA 04-03 Special Exception comer of E. 86th St. N. and US Highway 169 F.k a 0. 2 E-�)K] CITY OF OWASSO P.O. BOY 130 OWASSO, OKLAHOMA 74055 (918) 272 -2251 FA?C (913) 272.4997 SPECIAL EXCEPTION BOARD OF ADJUSTMENT INTERPRETATION OR APPEAL TFiE FOLLOWING INFOR Vf.ATION TO BE SUPPLIED BY APPLIC NT ACTT QN REQUESTED Egrpcial Exception — Section Use Unit No. DInterpretation of Zoning Text ❑Interpretation of Zoning Map ❑AW, -d from Building Inspector DAppeal under the Provisions of Chapter 12, Section Deserhe below the specifics of your request. Where applicable, indicate pertinent uses, distances, dimensions, etc. Please attach any plot plans, photographs and other factual information that will assist the Board in deter . 9 the rits of your request. FA PROPERTY LEGAL Subject appkant, what is your interest in this property? Name of person to 'resat Owner QAgent for Owner TS�.•,c, 15q- y; 'urdeaser (]Other Mailing A�dress \ttoaury for Owner �i41 nN 97 I CERTFY THAT THE SUBMITTED INFORMATION 1S TRUE AND CORRECT I Si€iriM -r - SZ03.3Zc -/ ok ? 4/0 S— Pleasesubmit the completed application form and application fee of $50 an g with a Certified 300' Radius Report (available from an abstract company) and other supplemental documents to the City Planner on or before the first day of the month in which the request is to be heard by the Board. This is a quasi - judicial proceeding. The applicant or applicant's agent must be Dresent at the hearing to receive approval. 3OA iN EETING DATE I PRESENT USE IUBMICPAL DATE ZONING DISTRICT 'EE RECEIPT NUMBER APPROVED DENIED SUBLEASE December 18, 2003 This rent agreement is between Larry Duvall (Lessee) and Reasor's LLC (Lessor) Beginning May 1" 2004 through September 30th 2004 Lessee shall pay to Lessor rent in the amount Lessor shall - provide a copy of the semi annual sales tax report when submitted to the Oklahoma Tax Commission as verification of sales. Rent shall be considered late after the 5th of each month. A 10% penalty shall be added to rent paid after the 5s'. The lease shall be for use of a portion of the Reasor's parking lot in Owasso Oklahoma for location of a portable building to be used for sale of flavored shaved ice. The building will be moved onto the site no earlier than April 15I' and wiU be removed from the site as soon as practical after September 30th. Lessee shall comply with all rules and regulations set forth by Lessor's management This agreement can be cancelled by either party at any time for any reason by giving the other party written notice 90 days in advance. Should this agreement be cancelled Lessee must remove all buildings and equipment and restore area to its original state within 30days. Failure to comply within 3ldays will give Lessor the right to remove all of the above described buildings and equipment and charge Lessee for the cost of removal. Lessee: Lessor: Reasor's LLC Duvall l��JofL Presid ' Attest: Assi t Secretary =_ UJI D CE, 1-j 4(" LV City of Owasso Department of Community Development III North Main PO Box 180 Owasso, OK 74055 NOTICE TO PROPERTY OWNER OBOA 04 -03 (918) 376.1540 FAX (918) 376.1597 Inspections: 376.1542 www.cttyofowasso.com Notice is hereby given that a public hearing will be held before the Owasso Board of Adjustment in the Old Central, 109 North Birch, Owasso, Oklahoma at 6:00 PM on the 24'h day of February, 2004. At that time and place the Owasso Board of Adjustment will consider a request from Larry Duvall, applicant/owner, for a Special Exception to allow a temporary vendor (Snow Cone Stand) in the Reasor's parking lot located at 11815 E. 86th St. N., Owasso, Tulsa County, Oklahoma. As an abutting or nearby property owner, you are being notified so that you may be able to express your views or concerns regarding this request. If you are unable to attend this meeting, please forward any comments you may have in writing to the Owasso Community Development Department, PO Box 180, Owasso, OK 74055. These comments will be presented to the Board of Adjustment members at the scheduled public hearing by the Community Development Staff. Information and maps showing the property location may be inspected in the office of the City Planner, 111 North Main Street, Owasso, Oklahoma, 74055 or by calling 376.1543. This is your only personal notification of this request. Dated at Owasso, Oklahoma, this 6m day of February, 2004. Sincerely, 1 ane Cuthbertson City Planner CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT OBOA — 04 -04 STAFF REPORT BACKGROUND The City of Owasso has received a request from Kevin & Angela Heavener, applicant(s), for a Variance from the Owasso Zoning Code, Section 430.1 (Bulk and Area Requirements in Residential Districts), TO ALLOW AN ENCROACHMENT F -3" OVER THE SOUTHERN SIDE YARD (5) SETBACK LINE LOCATION The subject property is located at 11702 N. 115'}' E. Ave. in Brookfield Crossing Add., Owasso, OK. EXISTING LAND USE Residential Single Family House SURROUNDING LAND USE North: Vacant Lot prepared for the development of a single family home South: A house structure with a commercial storage building East: A single family house West: A vacant lot sits adjacent to the subject property however there exists a used car lot, car wash, and retail space a little further to the west. PRESENT ZONING RS -3 (Residential Single Family District) SURROUNDING ZONING North: RS -3 (Residential Single Family) South: CS (Commercial Shopping) in Tulsa County East: RS -3 (Residential Single Family) West: CS (Commercial Shopping) in Tulsa County ANALYSIS The applicant recently moved into a newly constructed house in the Brookfield Crossing Addition. Upon inspection of their title it was discovered that their house encroached on the south side yard's 5' setback. In order for the home owners to achieve a free and clear title they must either shave the corner of their house back enough to meet the requirement thereby adding expense to the construction of the house and altering the original and intended configuration or request and receive a variance from the Owasso Board of Adjustment to allow the encroachment. The reasonable first choice was to request the variance. The Board of Adjustment, upon application, and after notice and public hearing, may grant variances from the terms of this code only upon a finding that the variance will not cause substantial detriment to the public good or impair the spirit, purposes and intent of the Owasso Zoning Code, or the Comprehensive Plan, where by reason of exceptional narrowness, shallowness, shape, topography, or other extraordinary or exceptional situation, condition, or circumstance peculiar to a particular property, the literal enforcement of the code will result in 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. As built the southwest comer of the applicant's house sits approximately 3' -9" from the property line. The Owasso zoning code stipulates that the corner should be at least 5' from the side property line and according to the house's building permit the construction of the house was planned to observe the 5' setback. This house abuts the intersection of N. 115'' E. Ave. and E. 117'` St. N. as you will see in the attached map(s) the intersection is not a hard 90° intersection, rather the street curves from east /west to north/south. Occasionally surveyors and builders have a difficult time marking and following the lot lines adjacent these types of curves in the street alignment, as was probably the case here. Neither the builder nor the home owner was aware of this slight infraction during the building process. It was not until the final survey was prepared that anyone was alerted. By that time the house was already in its finished form. The homeowner unknowingly acquired this exceptional condition. In the past, decisions by the Board of Adjustment on applications such as this one have been determined largely by whether the encroachment will cause detriment to the surrounding area. It is staffs opinion that in this case no such detriment will occur. Upon visual inspection of the property there is no noticeable encroachment and there seems to be sufficient spacing between the subject house and the adjacent house on the encroaching side. 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. Staff has received no inquiries concerning OBOA 04 -04. RECOMMENDATION Staff recommends approval of OBOA 04 -04, thereby allowing the houses southeast corner to encroach upon the 5' side yard setback line by 1' -3". ATTACHMENTS 1. Variance Application 2. Site Map 3. General Area Map. 4. Public Notice OBOA -- (A _ G CITY OF OWASSO P.O. BOX 180 OWASSO, OKLAHOMA 74055 (918) 272 -2251 FAX (918) 272 -4997 BOARD OF ADJUSTMENT ZONING VARIANCE THE FOLLOWING INFORMATION TO BE SUPPLIED BY APPLICANT Describe below the specifics of your request. Where applicable, indicate pertinent uses, distances, dimensions, etc. Please attach any plot plans, photographs and other factual information that will assist the Board in Name and Address of Record Owner '' Address or General Loc tion of Subject Property wV(n�Lrn.,InLI.,,.e or I1-7n-7 hl .ice c d- As As applicant, whdt is your interest in this property? Na a of person to be billed for publication Phone Xpresent Owner ❑Agent for Owner ❑Purchaser ❑Other Mailing Address ❑Attorney for Owner 11-7()7 nl. 11F �.�,.d (t�nll�.,.�. ,.tl.I All --)t 11 The Board of Adjustment is allowed to variances only after determining from the evidence and arguments 1. Application of the zoning ordinance requirements to this particular property will create unnecessary hardship. �'�, <-t-'. t; -t t 'Y 1 `a i1 Q C'\ Yom{.' 1' �� \ %\ \'} \ a r C' �- 1 pC \. �..hn ' t tY' 3L !"t v ('f V A v f' l� e...lA.'1 i r C 2. Thdre are conditions peculiar to this property which do not apply to other properties in the same zoning district. 3. The variance, if granted, will not cause substantial detriment to the public good or impair the purpose and intent of the zoning ordinance or the comprehensive plan. 1 CERTIFY THAT THE SUBMITTED INFORMATION IS TRUE AND CORRECT I Sianatude Please submit the completed application form and application fee of $75 along with a C' ertified 300' Radius Report (available from an abstract company) and other supplemental documents to the City Planner on or before the first day of the month in which the request is to be heard by the Board. This is a quasi - judicial proceeding. The applicant or applicant's agent must be present at the hearing to receive approval. BOA MEETING DATE SUBMITTAL DATE FEE RECEIPT NUMBER FOR INTERNAL OFFICE USE PRESENT USE ZONING DISTRICT APPROVED DENIED I-J (j2. j j l 15 t A\j e 379 -� �4 U '1LO' 41t;. X-E FUil M3ANTUAUZ L,U.F N THIS PROPERTY IS LOCATED IN ZONE C PER FLOOD INSURANCE RATE MAP, # 400210 0228H, REVISED SEPTEMBER 22, 1999. 15' UTILITY ESMT. ----.,, 25' BLDG. LINE 25 1311 63 • " 'DRIVE• - 6� 1 p P �O N o. 9I I 's H }}W F � 11tl0'T 369 BLOCK i[1 17.5' UTILITY ESMT. 40.57" CFRTIFICATF p � � V BLANKET ESMT. CAN NC WITHOUT THE LOCATION ON THE GROUND B` BLANKET R/W ESMT. TO IN BK. 137, PG. 442, E OF R/W IS NOT DEFINED. BLANKET R/W ESMT. TO F 4146, PG. 169, EXACT LC IS NOT DEFINED. ESMT. TO TULSA COUNTY PG. 1690, DOES NOT AFF Subiect °Pr Owasso Community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 VWw.Cityof0Wasso.CoM 3i i 2 25 Owasso Community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 VWw.Cityof0Wasso.CoM 3i T-i- Eo 116th Ste No 01BOA 04-04 Special Exception 11702 N. 115th E. Ave., Brookfield Crossing 7 7 F.N ) % 4004 13 T-i- Eo 116th Ste No 01BOA 04-04 Special Exception 11702 N. 115th E. Ave., Brookfield Crossing 7 7 F.N ) % 4004 City of Owasso Department of Community Development 111 North Main PO Box 180 Owasso, OK 74055 NOTICE TO PROPERTY OWNER OBOA 04-04 (918) 376.1540 FAX (918) 376.1597 Inspections: 376.1542 www.cityofowasso.com Notice is hereby given that a public hearing will be held before the Owasso Board of Adjustment in the Old Central, 109 North Birch, Owasso, Oklahoma at 6:00 PM on the 24's day of February, 2004. At that time and place the Owasso Board of Adjustment will consider a request from Kevin and Angela Heavener, applicant/owner, for a Variance from the building setback requirements on the southern side yard of a house on property located at 11702 N. 115' E. Ave., Owasso, Tulsa County, Oklahoma. As an abutting or nearby property owner, you are being notified so that you may be able to express your views or concerns regarding this request. If you are unable to attend this meeting, please forward any comments you may have in writing to the Owasso Community Development Department, PO Box 180, Owasso, OK 74055. These comments will be presented to the Board of Adjustment members at the scheduled public hearing by the Community Development Staff. Information and maps showing the property location may be inspected in the office of the City Planner, 111 North Main Street, Owasso, Oklahoma, 74055 or by calling 376.1543. This is your only personal notification of this request. Dated at Owasso, Oklahoma, this 6"' day of February, 2004. Sincerely, Duane Cut bertson City Planner CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT OBOA — 04 -02 STAFF REPORT The City of Owasso has received a request from Allison Andreoli, applicant on behalf of Reasoes, Inc., 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 SHOPPING DISTRICT on property zoned CS (Commercial Shopping Center District). The applicant is proposing to use the site for the sale of gardening and plant materials. LOCATION The subject property is described as Lot 1, Block 1, Clark Plaza Fourth, and further described as 11815 E. 86" St. N., Owasso, OK. EXISTING LAND USE Retail — Supermarket SURROUNDING LAND USE North: Retail — Shopping Center South: Retail — Shopping Center East: Residential — Single Family West: Retail — Shopping Center PRESENT ZONING CS (Commercial Shopping Center District) SURROUNDING ZONING North: CS (Commercial Shopping Center District) South: CS (Commercial Shopping Center District) East: RS -3 (Residential Single Family High Density District) West: CS (Commercial Shopping Center District) APPLICABLE REGULATIONS Owasso Zoning Code, Section 620 - Accessory Uses Permitted in Commercial Districts, Section 1002 - Areawide Special Exception Uses and Section(s) 1400 through 1490 - Board of Adjustment. SITE SPECIFIC HISTORY A survey of the records housed at the Community Development Department indicates that this particular vendor has been allowed to operate at this location with prior Board of Adjustment approvals. ANALYSIS The applicant is requesting a special exception from the Owasso Zoning Code to allow for a non - permanent vendor in a commercial shopping district. The proposed use is for the sale of landscaping and plant materials. A site map is included with your packets. According to the Owasso Zoning Code, the Board of Adjustment may grant a 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. Provided that 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. Staff believes that all criteria have been met relative to the special exception language in the Owasso Zoning Code. Staff finds that the application is consistent with stated intent of the zoning code and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Letters were mailed to all property owners within three- hundred (300) feet of the subject property on February 6, 2004 and the request was advertised in the Owasso Reporter on February 5, 2004. Staff has received no phone calls or correspondence regarding this request. Issues that should be addressed by this Board are related to signage, trash receptacles and the length of time that the use of the property is allowed. Staff would recommend that all signage for the use must be approved by City staff and that on -site trash receptacles must be provided by the applicant. Additionally, staff would recommend that the special exception use cease on July 31 ", 2004. RECOMMENDATION Staff recommends approval of OBOA- 04 -02, subject to following conditions: 1. The special exception use is discontinued no later than July 31 s`, 2004. 2. All signage be reviewed by the City Planner to ensure the strict adherence to the Owasso Sign Code. 3. The applicant must provide on -site trash receptacles. ATTACHMENTS L General Area Map. 2. OBOA -04 -02 Application, 3. Letter from Current Property Owner. 4. Copy of Legal Advertisement. 5. Copy of Letter Sent to Surrounding Property Owners. yv Owasso Community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com E. 86th St. N. 67 OBOA 04-02/03 Special Exception comer of E. 86th St. N. and US Highway 169. EI sn F4n 4 2] 71, CITY OF OWAsso P.O. BOX ISO OWASSO, OKLAHOMA 74055 (918) 272 -2251 FAX (918) 272 -4997 - SPECIAL EXCEPTION BOARD OF ADJUSTMENT INTERPRETATION OR APPEAL _ THE FOLLOWING INFORMATION TO BE SUPPLIED BY avrT rr +NT AMON REQUESTED ®Spaaial Exception —Section 1002 • []Interpretation of Zoning Text Use Unit No. (]Interpretation of Zoning Map [Appeal from Building Inspector []Appeal under the Provisions of Chapter 12, Section Describe below the specifics of your request. Where applicable, indicate pertinent uses, distances, dimensions, etc. PIease attach any plot plans, photographs and' other factual information that will assist the Board in deterrmaing the merits of your request. I am reauestine snecial excention of the nwaccn 7nnina nnga oArrin 7 nM ♦.. e.e . nnv cn at in PROPERTY LEGAL DESCRIPTION See Attached As appicant, what is your interest a QPrc=t Owwr []Agent 11�urd cr ®Other OAttaney for Owner or General Location of Subject 17774S. OK 74047 ICXJt TVYT HATTHESU8 MrMDINVOR. NATIONt $TRUY AND CORRECrIS1rnature' VJ!2'-,42- Pleasesubmit the completed application form and application fee of $50 along with a Certified 300' Radius Report (available from an abstract company) and other supplemental documents to the City Planner on or before the first day of the month in which the request is to be heard by the Board. This is a quasi - judicial proceeding. The applicant or applicant's agent must be present at the hearing to receive approval. IIIIIIII�IIlI !III INIIIIIIIIIIII!I ! 1! IIIIIIIIIIIIIIII�� ►if;�ili(Iilllfl'I iil�Till'F��11� i� ��;�tIIIIIIIIIIIINI! !iI!IIIIII !111!1! ►IIIIIIIIillllllill!I!II BOA NEETiNO DATE PRESENT USE .: SUBMITTAL DATE ZONING DISTRICT FEE REC'EIPTNUMBER I APPROVED .DEMED City of Owasso Department of Community Development 111 North Main PO Box 180 Owasso, OK 74055 (918) 376.1540 FAX (918) 376.1597 Inspections: 376.1542 www.cityofowasso.com NOTICE OF A HEARING BEFORE THE BOARD OF ADJUSTMENTS OF THE CITY OF OWASSO, OKLAHOMA. Case Number OBOA 04-02 Notice is hereby given that a public hearing will be held before the Owasso Board of Adjustment in Old Central, 109 North Birch, Owasso, Oklahoma at 6:00 PM on the 24`h day of February, 2004. At that time and place the Owasso Board of Adjustment will consider a request from A &M Flowers for a SPECIAL EXCEPTION to allow a temporary vendor (Flower and Gardening Tent) in the Reasor's parking lot located at 11815 E.8e St. N. Owasso, Tulsa County, Oklahoma. All persons interested in the above mentioned matter are hereby notified to be present at the above mentioned time and place in order to present their arguments for or against same. Information and maps showing the property location may be inspected in the Community Development Department, 111 N. Main Street, Owasso, Oklahoma, 74055, or by calling 376 -1500. Dated at Owasso, Oklahoma, this 2 "d day of February, 2004. Duane Cuthbertson City Planner City of Owasso Department of Community Development 111 North Main PO Box 180 Owasso, OK 74051 NOTICE TO PROPERTY OWNER OBOA 04 -02 (918) 376.1540 FAX (918) 376.1597 pections: 376.1542 .cityofowasso.com Notice is hereby given that a public hearing will be held before the Owasso Board of Adjustment in the Old Central, 109 North Birch, Owasso, Oklahoma at 6:00 PM on the 24a' day of February, 2004. At that time and place the Owasso Board of Adjustment will consider a request from Allison Andreoli, applicant/owner, for a Special Exception to allow a temporary vendor (Flower Gardering Tent) in the Reasor's parking lot located at 11815 E. 86h St. N., Owasso, Tulsa County, Oklahoma. As an abutting or nearby property owner, you are being notified so that you may be able to express your views or concerns regarding this request. If you are unable to attend this meeting, please forward any comments you may have in writing to the Owasso Community Development Department, PO Box 180, Owasso, OK 74055. These comments will be presented to the Board of Adjustment members at the scheduled public hearing by the Community Development Staff. Information and maps showing the property location may be inspected in the office of the City Planner, 111 North Main Street, Owasso, Oklahoma, 74055 or by calling 376.1543. This is your only personal notification of this request. Dated at Owasso, Oklahoma, this 6a' day of February, 2004. Sincerely, wane Cuthbertson City Planner