HomeMy WebLinkAbout2004.03.23_Board of Adjustment AgendaTYPE OF MEETING:
DATE:
TIME:
PLACE:
NOTICE FILED BY:
TITLE:
PUBLIC NOTICE OF THE MEETING OF THE
OWASSO BOARD OF ADJUSTMENT
Regular
March 23, 2004
6:00 PM
Owasso Old Central, 109 N. Birch
Duane Cuthbertson
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
I Os' day of March, 2004.
1.
2,
3.
4.
5,
6.
7.
8.
Duane Cuthbertson
City Planner
OWASSO BOARD OF ADJUSTMENT
Tuesday, March 23, 2004, 6:00 PM
Owasso Old Central, 109 N. Birch
AGENDA
Call to Order
Roll Call
Approval of Minutes from the February 24, 2004 Regular Meeting.
BOARD OF ADJUSTMENT PUBLIC HEARING
OBOA 04 -05 – A request for a VARIANCE from the Owasso Sign Code (Height and Size
Regulations) at 11501 E. 76" St. N.
OBOA 04 -06 – A request for a VARIANCE from the Owasso Zoning Code (Rear setback
requirements) at 9112 M 133 E. Ave.
Consideration and appropriate action granting Allison Andr -H (OBOA 04 -02) and Larry Duval (OBOA
04 -03) indefinite Special Exceptions to operate temporary vendors in a CS zoned district.
Other Business
Adjournment
lty 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
..x' %r www.cityofowasso.com
NOTICE TO PROPERTY OWNER
OBOA 04 -05
Notice is hereby given that a public hearing will be held before the Owasso Board of Adjustment
in the Old Central Bldg., 109 North Birch Owasso, Oklahoma at 6:00 PM on the 23`d day of
March, 2004. At that time and place the Owasso Board of Adjustment will consider a request
from Arvest Bank, applicant /owner, for a Variance from the Owasso Sign Code, to allow a
new freestanding I.D. sign consisting of more square feet in the display area and more height
than is currently allowed. The property is located at 11501 E. 76 St. N., Owasso, 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 3rd day of March, 2004.
Sincerely,
Duane Cuthbertson
City Planner
City of Owasso
Department of Community Development
111 North Main
PO Box 180
Owasso, OK 74055
MEMORANDUM
TO: THE OWASSO BOARD OF ADJUSTMENT
CITY OF OWASSO
FROM: DUANE CUTHBERTSON, CITY PLANNER
(918) 376.1540
FAX (918) 376.1597
Inspections: 376.1542
www.city0fowasso.com
SUBJECT: GRANTING PERENNIAL SPECIAL EXCEPTIONS TO OBOA 04 -02 AND
OBOA 04-03
DATE: MARCH 15, 2004
BACKGROUND
At the February 24, 2004 regular Board of Adjustment meeting, the Board granted Allison
Andreoli (OBOA 04-02) and Larry Duval (OBOA 04 -03) Special Exceptions allowing the
operation as temporary vendors (a flower and gardening tent and snow cone stand respectively)
along E. 86a' St. N. in front ofReasor's grocery store. The two operations have funtioned in the
exact same site for numerous years and every year have had to make application to the Board of
Adjustment for Special Exception, even though conditions of the application and the site remain
unchanged. The Board asked staff if there was a way to grant these Special Exceptions so that
the two applicants wouldn't have to come back to the Board of Adjustment year after year with
the same request.
Ms. Andreoli and Mr. Duval are not unique to Owasso as there are other vendors on other sites
who request Special Exceptions to operate in a temporary vendor capacity year after year
although conditions of their application and the site remain unchanged.
RELEVANT ZONING CODE
Owasso Zoning Code, Section 1480.4 (Time Limitation on Special Exceptions):
A Special Exception which has not been utilized within one year from the date of the order
granting same shall thereafter be void, provided that the Board has not extended the time for
utilization. For the purpose of this provision, utilization shall mean actual use or the issuance of
a building permit, when applicable, provided construction is diligently carried to completion.
RECOMMENDATION
As advised by the Owasso City Attorney, it is within the prerogative of the Owasso Board of
Adjustment to enact such conditions as extending time limitations for actions such as Special
Exceptions. Staff recommends that the Board of Adjustment grant perennial Special Exceptions
to Allison Andreoli (OBOA 04 -02) and Larry Duval (OBOA 04 -03) to allow them the right to
operate as a temporary vendor in the parking lot of Reasor's grocery store so long as each year
they have permission from the property owner and conditions of the application remain
unchanged. Staff recommends that the Special Exception expire if the property owner no longer
allows such condition, if conditions change within the application, if ownership of the primary
operation changes hands, and/or the operation ceases operation for more than one year.
CITY OF OWASSO
COMMUNITY DEVELOPMENT DEPARTMENT
OBOA – 04 -05
STAFF REPORT
BACKGROUND
The Cit— y sso has received a request from Arvest Bank, applicant(s), for a
Variance from the Owasso Sign Code, Section 17.8.2 (Sign Matrices Conditions –All
Zoning Districts), TO ALLOW A POLE SIGN 5' TALLER THAN PERMITTED (30')
AND I E ADDITIONAL AGGREGATE AREA ON THE FACE DISPLAY THAN
PERMITTED (150 FT). There currently exists a 22' pole sign consisting of 150
aggregate ftz display area on the west side of the property adjacent to the U.S. Highway
169. If the variance is granted the new sign would be 35' tall and consist of 224
aggregate ftz display area.
LOCATION
The subject property is located in the northeast comer of E. 76`h St. N, and U.S. Highway
169 at 11501 E. 76`h St. N. Owasso, OK, immediately south of Captain D's and west of
Braum's restaurants. A general area map is attached for your review.
EXISTING LAND USE
Arvest Bank currently occupies the site.
SURROUNDING LAND USE
North: Captain D's restaurant
South: Wendy's restaurant and Quiktrip convenience store
East: Braum's restaurant
West: U.S. Highway 169
PRESENT ZONING
CS (Commercial Shopping District)
SURROUNDING ZONING
North: CS (Commercial Shopping District)
South: CH/CG (Commercial High Intensity and General Districts)
East: CS (Commercial Shopping District)
West: U.S. Highway 169
RELEVANT CASE HIS
In November 1999 thehOwasso Board of Adjustment granted a variance to a business
(Holiday Inn) in the 76 St./Hwy 169 area allowing a maximum of 50' height and 225
aggregate ft' display area. The Board concluded that 50' X 225 ftz was adequate due to
the business' unobstructed view from the Highway.
ANA-- LYSIS
The applicant, Arvest Bank, recently located a banking outlet in Owasso. They acquired
a convenience store (Old Quiktrip) on the northeast corner of 76a St. N. and U.S.
Highway 169 and remodeled it to its current physical condition. As is part of establishing
most enterprises the applicant included a pole sign on the site intended to provide
visibility and notification of the business. The current sign on the site meets the Owasso
Sign Code and was permitted June 31, 2003. After installation and upon inspection by
owners, employees and customers of the bank it was discovered that the sign is not
visible from three approaching directions. Visibility of the sign is obstructed from west
of the site on 7e St. N. due to the elevation of the bridge of U.S. Highway 169. As
approaching the site from either direction (north or south) on U.S. Highway 169 the sign
is scarcely visible. Only upon concentration and filtering the view among many other
taller signs and/or existing billboards is the sign noticeable, but even when the sign is
identified it is not until almost adjacent to the site is it legible. As such the applicant is
requesting a variance from the Owasso Sign Code in order to erect a larger sign, in height
and area to overcome these visibility challenges. Pictures of the site are attached for your
review. The pictures illustrate a view of the site as approaching from the north and south
on U.S. Highway 169.
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:
1. That the variance is necessary due to extraordinary or peculiar circumstances related
to the size, shape, topography, or location of the subject property.
2. That the extraordinary or exceptional conditions of the subject property are not a
direct result of the actions of the applicant.
3. That the variance as granted represents the least deviation from the prescribed
regulations necessary to accomplish the purpose for which the variance is sought and
which is consistent with stated intent of this Code.
4. That the granting of the variance shall result in greater convenience to the public in
identifying the business location for which a sigh code variance is sought.
5. That the granting of the variance will not be detrimental to public welfare, will not
constitute a public nuisance or adversely affect public safety.
6. That the granting of the variance will not interfere with the location and identification
of adjacent businesses, buildings or activities.
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.
Staff believes the variance is necessary due to extraordinary or peculiar circumstances
related to the location of the subject property. As stated above, visibility of the site fro m
its adjacent roadways is seriously hindered due to circumstances over which the applicant
has no control. The U.S. Highway 169 bridge blocks visibility from the west and due to
the sites setback from the highway and its location among a district of much taller and
larger signs, which were permitted before the current sign code's effective date, the
visibility is severely diminished from north and south on the highway. In effect, the
much taller and larger signs surrounding the bank site drown out visibility of the Arvest
sign again this effect is demonstrated in the attached pictures.
The variance requested represents only a slight deviation from the prescribed regulations
necessary to accomplish the purpose for which the variance is sought as the applicant
believes that the requested height and area are sufficient to deliver the desired discern
ability. As the applicant is surrounded by signs as tall as 60' consisting of noticeably
large display areas it would seem reasonable to request a variance for comparable
configurations. The applicant has chosen instead to request only what is deemed
essential to obtain realistic expectations of visibility from it's view corridor (Hwy 169).
Granting of the variance would result in greater convenience to the public in identifying
the business location for which the sign variance is sought as the requested sign should
adequately allow potential visitors notification of business' location whereas the current
sign falls short of even marginal visibility. Current patrons approaching from north h or
late to maneuver off of the highway.
south on U.S. Highway 169 are not able to see the existing sign until most likely it to
Additionally, granting the variance will not cause detriment to public welfare, will not
constitute a public nuisance or adversely affect public safety. If approved, all other
details of the sign will be in accordance with the guidelines of the Owasso Sign Code.
The Arvest sign will remain out of any public right -of- -way and will not conflict with
traffic management on either the adjacent roadways.
Finally, the sign is positioned so that the requested height and size will not interfere with
the location and identification of adjacent businesses, buildings or activities. Even if the
variance is granted the Arvest sign will remain significantly lower than the surrounding
signs. It is will be positioned so that it will not block visibility of adjacent properties
either.
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 -05.
RECOMMENDATION
Staff recommends approval of OBOA 04 -05,
their pole sign to a height of 35' and increase t thereby allowing Arvest Bank to increase
to 224 Ftz. he aggregate area of the sign's display area
ATTACHMENTS
Variance Application
Drawing of proposed sign
Pictures of the subject property
General Area Map.
Public Notice
i
pr css uay or the month in which the request is to be heard by the Board. This is aquasi- judicial
-rr= = = =emu a uocuments to the City Planner on or before
proceeding The applicant or applicant's agent Must b--- Sept at the hearing to receive approval.
OBOA-
CITY OF OWASSO
�.6vx t8o OWASSO, OKLAHOMA 74055 (918) 376 -1500 FAX (918
BOARD OF ADJUSTMENT
PROPERTY LEGAL DESCRIPTION
liK lfY c "r A_.., i1
Name and Address of Record Owner
Eli It I.
OAs applicant, what is your interest m this property?
f--IPPIIrChacu. resent Owner -Agent for Owner
for Owner
SIGN CODE VARIANCE
Address or General— Location of
T
Name of person to be
Address
The City of Owasso Board of Adjustment is authorized to _ JL O — /�G/IiGj�l
Dit y JifGlL
only after determining that compliance with the following criteria has been met:
grant a variance n from the requirements of the Sign Code
1. The variance is necessary due to extraordinary or peculiar circumstances related to the size, shape, topography
or location of the subject property and the aforementioned extraordin ary or excep
direct result of the actions of the applicant.
cant. tional conditions are not a
S — {j WELT !•{ cv
2. The variance as granted represents the least deviation from the
prescribed re ulations necess
re !S7 s t_[ T ' GM H� Wy
the purpose for which the variance is sought and which is consistent with the stated intent of the Sign Code,
ahe to accomplish
r ? — 41dNS 0 5! -6(
C I_ ys !:S
3, hegT rantin�of
g e variance shall result in greater convenience to the public in identifying the business
location for which a sign variance is sought.
E w
!CL A /7'
4. The granting of the variance will not be detrimental to Inc pub c welfare, will not constitute a public nuisance
or adversely affect public safety.
TNL /6,v / c J
5. The granting of the variance will not
buildings or activities.
with
BOA MEETING DATE
SUBMITTAL DATE
FEE RECEIPT NUMBER
PRESENT USE �
ZONING DISTRICT
APPROVED DENIED
i
OBOA_
CITY OF OWASSO
P.O. BOX ISO O WASSO, OKLAHOMA 74055 (91 S) 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
detenxTining the merits of your request.
LEGAL
and
applicant, what is your is interest in
?resent Owner Agent;
'urcbaser - []Other
lttomey for Owner
The Board of ushnentis allowed to
r
of the zoning ordinance
of
to be billed for
=n wit X7,4N Gam$
U P G D
Phone
Z52 -27 z
- .-�vry iv r w K. / 4412
variances only after determining From the e
st. Please describe br,w........ _..... -__. vidence and arguments
to this
create unnecessary hardship.
2. There are conditions peculiar to this roe L V
Property rty which do not apply to other properties in the same zoning
district pp y
7 vcs aP
F Lt/ATE�p —!� TL11= *tEMEV*)!63. The vanance, if granted, will not cause sub tantial dtriment tpub goo or pair the r 57- B
intent of the zoning ord
inance or the comprehensive elan. Purpose and
- .7'.Ll-r Pt7 r. o, , •-r . . , -
- y y we monui m which the request is to be heard by the Board. This is quasi-judicial Proceeding.
The applicant or applicant's agent must be resent at the hearing to receive approval.
Xu1J,
i
5Y
i
OBOA_
CITY OF OWASSO
P.O. BOX ISO O WASSO, OKLAHOMA 74055 (91 S) 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
detenxTining the merits of your request.
LEGAL
and
applicant, what is your is interest in
?resent Owner Agent;
'urcbaser - []Other
lttomey for Owner
The Board of ushnentis allowed to
r
of the zoning ordinance
of
to be billed for
=n wit X7,4N Gam$
U P G D
Phone
Z52 -27 z
- .-�vry iv r w K. / 4412
variances only after determining From the e
st. Please describe br,w........ _..... -__. vidence and arguments
to this
create unnecessary hardship.
2. There are conditions peculiar to this roe L V
Property rty which do not apply to other properties in the same zoning
district pp y
7 vcs aP
F Lt/ATE�p —!� TL11= *tEMEV*)!63. The vanance, if granted, will not cause sub tantial dtriment tpub goo or pair the r 57- B
intent of the zoning ord
inance or the comprehensive elan. Purpose and
- .7'.Ll-r Pt7 r. o, , •-r . . , -
- y y we monui m which the request is to be heard by the Board. This is quasi-judicial Proceeding.
The applicant or applicant's agent must be resent at the hearing to receive approval.
Xu1J,
BLACK NON- ILLUMINATED
UNDERSCORE AND
"FDIC' GRAPHICS
WHITE REVEALS WITH
DBL STROKE CLEAR
RED NEON ACCENT
ILLUMINATION
RED L.E.D. TIME &
TEMP UNIT
WHITE SECONDARY COPY
ON 230 -73 DARK
REDBACKGROUNDS
WHITE STA -TUFF
EMBOSSED FACES
WITH CLR. TRACK &
BLACK LETTER FONT
D/F IDENTIFICATION SIGN ELEVAMN
-NEW INTERNALLY ILLUMINATED IDENTIFICATION SIGN AND SECONDARY
SIGNS ON NEW STEEL STRUCTURE 5UPPORT5 AND CONCRETE PIER
FOUNDATION -TOP 5IGN TO HAVE COMPUTER ROUTED PLATE ALUMINUM
FACES BACKED MI H 2051 BLUE ACRYLIC IN GRAPHICS AREAS -RED
L.E.D. TIME & TEMP UNIT INSTALLED BETWEEN I: D. & MARQUEE SIGN
-PYLON COVER TO HAVE SPRAY FINISHED ARVEST BLUE 57UCC0 &
ARVEST SILVER SPRAY FINISHED RADIUS ENDS
(ALL CABINETS "ARVEST' SILVER)
-WHITE NEON REVEALS TO HAVE DBL. STROKE CLR RED NEON ILLUM.
AN=== ACU� NEON CLIENT, gRVFSTHANK
1801 N. WILLOW INC. JOB LO
BROKEN ARROW OR. 74012 CATION: 11501 E. 78TH STR. NORTH
PHONE (918) 252 -2258 OWASS
REP: M. KHEZRI O, OR.
.. «.�w. nw. ,�, „� „n,n...m•w.®„�„ne OWN: R. JOHNSON
pµ'_ DWG NO: 020504.n -_ FILE: ARVSB256D�22
�ngliway 16`J.
0
Owasso community
Development Department
111 N. Main St.
Owasso, OK 74055
918.376.1500
918.376.1597
www.citYofowasso.com
Subj
a
ect Pro erpty
1�
OBOA 04-05
Variance - Sign Code
11501 E. 76th St. N.
I
MM I, M