Loading...
HomeMy WebLinkAbout2004.02.24_Board of Adjustment AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO BOARD OF ADJUSTMENT TYPE OF MEETING: Regular DATE: February 24, 2004 TIME: 6:00 PM PLACE: Owasso Old Central, 109 N. Birch 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 2nd day of February, 2004. _ Duane Cuthbertson City Planner OWASSO BOARD OF ADJUSTMENT Tuesday, February 24, 2004, 6:00 PM Owasso Old Central, 109 N. Birch U"# 171 1. Call to Order 2. Roll Call Approval of Minutes from the February 3, 2004 Special Meeting. BOARD OF ADJUSTMENT PUBLIC HEARING 4. OBOA 04 -02 — A request for a SPECIAL EXCEPTION to allow a temporary vendor (Flower and Gardening Tent) to occupy the Reasor's parking lot located in the northeast comer of E. 86 1 N. and N. 117" E. Ave. 5. OBOA 04 -03 — A request for a SPECIAL EXCEPTION to allow a temporary vendor (Snow Cone Stand) to occupy the Reasor's parking lot located in the northeast comer of E. 86'' St. N. and N. 117'' E. Ave. 6. OBOA -04 -04 — A request for a VARIANCE FROM TIM BUILDING SETBACK REGULATIONS on the southern side yard ofproperty located at 11702 N. 115'h E. Ave. 7. Other Business 8. Adjournment 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 CM OF OWASSO, OKLAHOMA. Case Number OBOA 04 -06 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 23'a day of March, 2004. At that time and place the Owasso Board of Adjustment will consider a request from Hogan Enterprises for a VARIANCE FROM THE REAR SETBACK REGULATIONS on property located at 9112 N. 133"E. Ave. Owasso, 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 I" day of March, 2004. Duane Cuthbertson City Planner CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT OBOA — 04 -06 STAFF REPORT BACKGROUND -- K GROUND The City of Owasso has received a request from Hogan Enterprises, Inc., applicant, for a Variance from the Owasso Zoning Code, Section 430.1 (Bulk and Area Requirements in Residential Districts), TO ALLOW AN ENCROACHMENT OF BUILDING SETBACK LINE. THE REAR LOCATION The subject property is located in Camden Park II at 9112 N. 133`d E. Ave., Owasso, OK. A general area map is attached for your review. EXISTING LAND USE The lot is currently vacant. SURROUNDING LAND USE Single- family homes surround the subject property. PRESENT ZONING RS -2 (Residential Single - Family District) SURROUNDING ZONING The subject site is located within a subdivision laid out for single family homes. The subdivision is zoned RS -2. AN— ALYSIS The applicant desires to construct a single family home at 9112 N. 133`d E. Ave. The subject lot, Lot 6, Block 3, Camden Park II, is one of a few remaining undeveloped lots in the subdivision. However due to an irregular lot configuration the applicant has found the development process difficult as he has identified no reasonable and marketable housing layout that would economically fit within the space requirements designated on the lot. The applicant would like the house to be consistent with the character of the neighborhood and compatible with the houses surrounding the lot. As you will see in the attached lot layout plan the applicant is confronted with 25' rear and front yard setback lines and 5' and 10' side yard setback lines. These lot spacing requirements leave the applicant with a buildable space of 4014.5 ft' on which to fit a house. This limited space in combination with the lot configuration is proving difficult. The applicant has discovered a housing layout and design that he feels would best suit the lot and neighborhood. Unfortunately the house does not fit within the current dimensions Of the lot. The applicant is requesting a variance from the Owasso Board of Adjustment to encroach upon the 25' rear setback building line in order to fit the house on the lot with an orientation that logically suits the neighborhood. 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. Application of the zoning ordinance requirements to this particular property will create unnecessary hardship. As stated above, the lot was established with building setback lines that effectively left 4014.5 ft2 of buildable space. As the property is zoned RS -2 this provision of space is actually non - compliant with the Owasso Zoning Code; Section 430.1 establishes as a requirement for buildable areas for residential lots a minimum of 5,000 ft'. Somehow this particular lot's spacing was overlooked during the review of the Camden Park 11 plat. The character of Camden Park 11 necessitates that the lots be of a larger size, and again, this lot does not provide for such spacing. If a builder is required to work with the existing spacing requirements imparted on the lot it will either remain vacant for a longer period of time (which in itself is not a positive for the neighborhood) or development will result in a house of irregular sizing, shape, ori entation and effective neighborhood incompatibility. This condition is peculiar to this property and does not apply to other properties within the neighborhood. As stated earlier, this lot was overlooked during the plat review process. The lot spacing is not sufficient for its RS -2 zoning designation as the code states the minimum to be 5,000 ft2. All other lots within the subdivision possess this spacing minimum. If the variance is granted, it will not cause substantial detriment to the public good or impair the purpose and intent of the zoning ordinance or the comprehensive plan. The house will retain the front and side yard setback standards and should upon visual inspection look no different from any other house in the neighborhood in regards to the placement on the lot. The house will rest at least 12' from the adjacent western property line and can not be closer than 11' as there is a utility easement of that width along the western property line. Additional rear yard to the northwest will be more than adequate. 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 -06. RECOMMENDATION Staff recommends approval of OBOA 04 -06, thereby allowing an encroachment of the rear building setback line for a development at 9112 N. 1330 E. Ave., Owasso, OK. ATTACHMENTS Variance Application General Area Map Site Map Public Notice EA- 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 our Fe q ues CkLc n CA } PROPERTY LEGAL DESCRIPTI Name and rjddress of Record Owner As applicant, what is your interest in this property? QPresent Owner QAgent for Owner ®Purchaser ElOther QAttomey for Owner .ddress or General Location of of person to be billed for publication Phone ig Address The Board of Adjustment is allowed to approve variances only after determining from the evidence and arguments resented 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 thisTarticular property will create unnecessary hardship. 2. There are conditions peculiar to this property which do not apply to other properties in the same zoning distri gt. 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. Qva t �J ti4e �l t LD n nec: ern vllls,v u1,� .fit .l.ae�i? .S1t ahc m� ty �, r --.: a. n!y� , i , , : i l rv� n, n- a-.... _ _` _ _ _ .. yL"(1 I LeKI IFY THAT THESUBMITTED INFORMATION IS TRUE AND CORRECT Signature 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 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 PRESENT USE SUBMITTAL DATE ZONING DISTRICT FEE RECEIPT NUMBER APPROVED DENIED Owasso Community Development Department 111 N. main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.city0fowasso.com IN OBOA 04-06 Variance - Rear Setback 9112 N. 133rd E. Ave. Ms 1. .004 of �I Design Tbomason Design Sf, 911 JB 55— 5701 P.0, Box #303 Th Jenks, OkIchorno