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HomeMy WebLinkAbout2004.04.27_Board of Adjustment AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO BOARD OF ADJUSTMENT TYPE OF MEETING: Regular DATE: April 27, 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 Ciiy Hall at 12:00 PM on the 20`" day of April, 2004, Duane Cuthbertson City Planner OWASSO BOARD OF ADJUSTMENT Tuesday, April 27,2004,6:00 PM Owasso Old Central, 109 N. Birch AGENDA Call to Order 2. Roll Call Approval of Minutes from the March 23, 2004 Regular Meeting. BOARD OF ADJUSTMENT PUBLIC HEARING 4. OBOA 04 -07 — A request for a SPECIAL EXCEPTION to allow a carport in a front yard at 307 E. 19`s St. 5. OBOA 04 -08 — A request for a SPECIAL EXCEPTION to allow a car sales lot in a CS (Commercial Shopping) district at 7901 N. Owasso Expressway 6. OBOA 04 -09 — A request for a SPECIAL EXCEPTION to allow a Hospital and Medical Center in a RS -3 (Residential) district south of E. 106`s St. N. %4 mile west of N. Garnett Road. 7. Other Business 8. Adjournment CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT OBOA — 04 -09 STAFF REPORT BACKGROUND The City of Owasso has received a request from the Larkin Bailey Foundation, applicant, for a Special Exception of the Owasso Zoning Code TO ALLOW A HOSPITAL AND MEDICAL CENTER IN A RESIDENTIAL DISTRICT. HEARING DATE: April 27, 2004 LOCATION The subject property is located south of E. 106"' St. N. '/4 mile west of N. Garnett Road, Owasso, OK. EXISTING LAND USE Vacant SURROUNDING LAND USE The proposed location of the Hospital is nestled within an area of The Lakes at Bailey Ranch Planned Unit Development (PUD) that is currently vacant. PRESENT ZONING OPUD -16, The Lakes at Bailey Ranch —RS -3 (Residential Single - Family District) SURROUNDING ZONING The proposed location of the Hospital is within an area of The Lakes at Bailey Ranch development that is surrounded by RS -3- Single - Family Residential to the north, west and south. OL - Light Office uses are planned for the northeast corner of the development and the First Christian Church is planned adjacent to the southeast comer of the proposed development. SITE SPECIFIC HISTORY There are no records of prior zoning action at this site. ANALYSIS The applicant is requesting a special exception of the Owasso Zoning Code to allow a hospital and medical center in a district zoned OPUD -16, RS -3 for residential development. According to the Owasso Zoning Code a hospital is categorized under Use Unit # 5, Community Services, Cultural, and Recreational Facilities and is allowed by Special Exception granted by the Owasso Board of Adjustment. 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. The applicant requesting the special exception for the hospital is Larkin Bailey Foundation, the oversight principal for the developing Lakes at Bailey Ranch area. It is clear that a hospital is consistent with the goals and intent of the foundation for the development area and would be made to integrate seamlessly within the development scheme of The Lakes at Bailey Ranch as this would be critical to the foundation for the overall success of developing the area. The PUD's planned lakes and road network would be maintained in the hospital proposal. According to the plans the hospital would be accessible from both Garnett Road and E. 106'h St. N. as well as from the south within the development area. As the proposed development is settled within the property and significantly setback from the arterial and would be accessible from multiple points increased traffic will be diffused throughout the road network, reducing the potential for major traffic congestion on the arterials. Incidentally, N. Garnett Road from E. 86'h St. N. to E. 116 h St. N. is planned for widening as a part of the Third Penny Capital Improvements. The proposed hospital's setback into the development area and the scrutinous oversight from the Larkin Bailey Foundation will minimize any negative impact a hospital development may have on surrounding areas. A hospital in the proposed location would pose no threat to the general public welfare. Letters were mailed to all property owners within three - hundred (300) feet of the subject property on April 12, 2004 and the request was advertised in the Owasso Reporter on April 15, 2004. Staff has received no phone calls or correspondence objecting to this request to date. RECOMMENDATION Staff recommends approval of OBOA- 04 -09. ATTACHMENTS 1. General Area Map. 2. OBOA -04 -09 Application. 3. Site Layout 4. Outline Development Plan for OPUD -16. 5. Copy of Legal Advertisement. 6. Copy of Letter Sent to Surrounding Property Owners. Q�0 16 Nubiect YrOnerty[ Qo0 15 Owasso community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376 ' 1597 www.cityofowasso.com 4�0 16 518 S Gr \11or Grt`OP OBOA 04 -09 Special Exception 0.4 mile southwest of N.Gamett Rd. and E. 106th St. N. .:,_ OBOA- CITY OF OWASSO P.O. BOX 180 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 APPLICANT ACTION REQUESTED ®Special Exception — Section ❑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. Please attach any plot plans, photographs and other factual information that will assist the Board in determining the merits of your request. Special Exception for Hospital and P4edical Center in PUD #16, at Railey Ranch Development in Owasso Oklahoma, PROPERTY LEGAL Name and Address of Record Owner Address or General Location As applicant, what is your interest in this property? Name of person to be billed for publication I Phone ❑Present Owner ®Agent for Owner Larkin Bailey Foundation 250 -9080 ❑Purchaser []Other Mailing Address FlAttomev for Owner 8023 E. 63rd Place. Tulsa. OK 74133 I CERTIFY THAT THE SUBMITTED INFORMATION IS TRUE AND CORRECT I Signature Please submit 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. FOR INTERNAL OFFICE USE BOA MEETING DATE PRESENT USE SUBMITTAL DATE ZONING DISTRICT FEE RECEIPT NUMBER I APPROVED DENIED Proposed Legal Description: The West Half of the Northeast Quarter of the Northeast Quarter (W /2 NE /4 NE /4) & The Northwest Quarter of the Southeast Quarter of the Northeast Quarter (NW /4 SE/NE /4) & The North Half of the Southwest Quarter of the Northeast Quarter (N /2 Sly' /4 NE /4) & The South Half of the Northwest Quarter of the Northeast Quarter (S /2 NW4 NE /4) & The Southeast Quarter of the Northeast Quarter of the Northwest Quarter of the Northeast Quarter (SE /4 NE /4 NW /4 NE /4) of Section Eighteen (18), Township Twenty-one (21) North, Range Fourteen (14) East, Tulsa County, State of Oklahoma. (containing 25.8 acres more or less) C C GO C z_ x 0 z z R 14 E EAST 106TH STREET NORTH i 18 i i EAST 96TH STREET NORTH LOCATION MAP 0 Y =T C 21 r ' N S Proposed Legal Description for Bailey Medical Center -. ••.'.�� '�� m rya / �.,�. Out(me DeveloMmt Plan The Lazes at Bailey Ranch MTAMiMI /rtdws wafer Mwl TN10�in,YMY iW TUTAy�VOwy A1101�4 MIO10! OU1 fne_ II�IYAY 14\ 1Lfl _ w Yi_y H W •�� w._.rswwr fSIT qYe� Mii �� Y�wA WIYft aONR Nu q_Aye YtA Y• `I- Il IN -. ••.'.�� '�� m rya / �.,�. Out(me DeveloMmt Plan The Lazes at Bailey Ranch MTAMiMI /rtdws wafer Mwl TN10�in,YMY iW TUTAy�VOwy A1101�4 MIO10! OU1 fne_ II�IYAY 14\ 1Lfl _ w Yi_y H W •�� w._.rswwr fSIT qYe� Mii �� Y�wA WIYft aONR Nu q_Aye YtA Y• IN -. ••.'.�� '�� m rya / �.,�. Out(me DeveloMmt Plan The Lazes at Bailey Ranch MTAMiMI /rtdws wafer Mwl TN10�in,YMY iW TUTAy�VOwy A1101�4 MIO10! OU1 fne_ II�IYAY 14\ 1Lfl _ w Yi_y H W •�� w._.rswwr fSIT qYe� Mii �� Y�wA WIYft aONR Nu q_Aye YtA = r I 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 04-09 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 27h day of April, 2004. At that time and place the Owasso Board of Adjustment will consider a request from Larkin Bailey Foundation for a SPECIAL EXCEPTION to allow a Hospital/Medical Center on the south side of E. 100s St. N. '/4 mile west of N. Garnett Road, 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 April, 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 -09 (918) 376.1540 FAX (918) 376.1597 cpections: 376.1542 tcityofowasso.com 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 27's day of April, 2004. At that time and place the Owasso Board of Adjustment will consider a request from Larkin Bailey Foundation, applicant/owner, for a Special Exception, to allow a Hospital/Medical Center in a district zoned RS -3 (Residential Single - Family) on the south side of E. 10& St. N. 1/4 mile west of Garnett Road, 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 2nd day of April, 2004. Sincerely, Duane Cuthbertson City Planner CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT OBOA — 04 -08 STAFF REPORT BACKGROUND The City of Owasso Board of Adjustment has received a request from George Blair IV, applicant, for a Special Exception of the Owasso Zoning Code TO ALLOW FOR AUTOMOBILE SALES WITHIN A CS (COMMERCIAL SHOPPING) district. HEARING DATE: April 27, 2004 LOCATION The subject property is located at 7901 N. Owasso Expressway, Owasso, OK. On the east side of U.S. Highway 169. EXISTING LAND USE An office building previously used as a real estate office occupies the site. SURROUNDING LAND USE North: AutoZone automobile parts store South: Mill Creek Lumber Company East: Mini- storage facility West: U.S. Highway 169 PRESENT ZONING CS (Commercial Shopping District) SURROUNDING ZONING North: CS (Commercial Shopping District) South: CG (Commercial General District) East: CS (Commercial Shopping District) West: U.S. Highway 169 SITE SPECIFIC HISTORY There are no records of prior zoning action at this site. ANALYSIS The applicant is requesting a special exception of the Owasso Zoning Code to operate a vehicle sales lot on property zoned CS (Commercial Shopping District). According to the Owasso Zoning Code a vehicle sales operation is categorized under use unit 17, Automotive and Allied Activities, and is allowed by special exception granted by the Board of Adjustment. 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. The request to operate a car lot on the subject property is in harmony with the spirit and intent of the code as it is located on the Owasso Expressway service road between E. 86th St. N. and E. 76 °i St. N. This mile segment is one of the more intensely zoned corridors in Owasso. There are many properties along the roadway that are zoned IL (Light Industrial) or CG (Commercial General), which would allow the requested use by right, as is the case with the lot immediately to the south. As such, this road contains many uses categorized within the same use unit (17) as a car lot, including two larger car lots. The property immediately to the east contains a mini- storage facility, which, according to code, requires a special exception to be constructed and operated in its zoning district, CS. The operation of a car lot on the subject property would be consistent with the level of intensity already experienced on the roadway. The applicant desires to utilize the property as it currently exists. He is not proposing to change any of the site characteristics. The applicant's operation would only consist of car sales on the existing parking lot with a sales office and interior accessories sales space inside the building; no auto body work will be done on site. Again, the scale of the property is not conducive to a high volume operation; as such the business would not result in a significant increase in traffic or noise in the area. The applicant has received written permission from the owner of the building to operate a used car lot on the property. Neighborhood input does, in part aid in establishing the staffs recommendation. Letters were mailed to all property owners within three - hundred (300) feet of the subject property on April 12, 2004 and the request was advertised in the Owasso Reporter on April 15, 2004. Staff has received no phone calls or correspondence objecting to this request to date. RECOMMENDATION Staff recommends approval of OBOA- 04 -08. ATTACHMENTS 1. General Area Map. 2. OBOA -04 -08 Application. 3. Letter of permission from building owner. 4. Photographs of the site. 5. Copy of Legal Advertisement. 6. Copy of Letter Sent to Surrounding Property Owners. c� 0 W cj .ro a� W Owasso Community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com E. 80th St. No Subject Property` OBOA 04 -08 " Special Exception w E S 7901 N. Owasso Expressway 7. 2, OBOA= CITY OF O WASSO P.O. BOX 180 OWASSO, OKLAHOMA 74055 (918) 272 -2251 FAX (918) 272A997 SPECIAL EXCEPTION BOARD OF ADJUSTMENT INTERPRETATION OR APPEAL THE FOLLOWING INFORMATION TO BE SUPPLLED By APPLICANT ACTION REQUESTED VSpecial Exception— Section []Interpretation of Zoning Text Use Unit No. []Interpretation of Zoning Map Appeal from Building Inspector DAppeal under the Provisions of Chapter 12, Section_ 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. �fion ��Ytr PROPERTY LEGAL DESCRIPTION Name and Address of Record Owner Address or Geryeral ocation of Subject Property 710 l e As applicant, what is your interest in this property? N tle of peTg to be billed for publication $�}�!o []Present Owner []Agent for Owner C eu t —0— .Lj114 , r //� ?Z []Purchaser ,®Other Mailing c}dress DAttomey for Owner �i f113gt( 1 CERTIFY THAT THE SUBMITTED INFORMATION 1S TRUE AND CORRECT I Signature Please submit 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 []resent at the hearing to receive approval. FOR INTERNAL OFFICE USE BOA MEETING DATE PRESENT USE SUBMITTAL DATE ZONING DISTRICT FEE RECEIPT NUMBER APPROVED DENIED 04 FRI 13:42 FAX 9187492310 M D S 4 002 March 26, 2004 Mr. Tache Blair Tached Motor Sports 306 East 50' Street Owasso, Ok. 74055 Dear Mr. Blair: Please be informed that I herein agree. to your operating a used car lot as well as using my building for an interior decorating office on my property located at 7901 North Mingo Valley Expressway East (Lot 1, Block 1, Elm Creek Clinic, City of Owasso). If I can be of further assistance in the above matter please contact me at your convenience. Very truly your, /r .�j�14/ s h R. McGraw + A -N o Owo4oa&mgException (C=Lot 6RS gdistrict) 7901 yOwasso Exp. i City of Owasso Department of Community Development 111 North Main PO Box 180 Owasso, OK 7405, NOTICE TO PROPERTY OWNER OBOA 04-08 (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 Bldg., 109 North Birch, Owasso, Oklahoma at 6:00 PM on the 27`s day of April, 2004. At that time and place the Owasso Board of Adjustment will consider a request from George Blair IV, applicant/owner, for a Special Exception, to allow a used car sales lot in a district zoned CS (Commercial Shopping) at 7901 N. Owasso Exp., 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, i l 1 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 2nd day of April, 2004. incerely,� uane Cuthberts City Planner 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 -08 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 27`x' day of April, 2004. At that time and place the Owasso Board of Adjustment will consider a request from George Blair IV for a SPECIAL EXCEPTION to allow a used car sales lot on property located at 7901 N. Owasso Exp., 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 April, 2004. Duane Cuthbertson City Planner CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT OBOA — 04 -07 STAFF REPORT BACKGROUND The City of Owasso has received a request from David Morris, applicant, for a Special Exception of the Owasso Zoning Code TO ALLOW FOR THE ERECTION OF A CARPORT OVER THE FRONT YARD DRIVEWAY in a residential district. HEARING DATE: APRIL 27, 2004 LOCATION The subject property is located at 307 E. 19a' St., Owasso, OK. EXISTING LAND USE Single Family Home SURROUNDING LAND USE The house is located in Ator Heights, and surrounded by similar single family homes. PRESENT ZONING RS -3 (Residential Single - Family District) SURROUNDING ZONING The house is surrounded by property zoned RS -3 (Residential Single - Family District) SITE SPECIFIC HISTORY There are no records of prior zoning action at this site. ANALYSIS The applicant is requesting a special exception of the Owasso Zoning Code to allow for the erection of a carport over the front yard driveway. Recently Mr. Morris acquired a debilitating condition that requires a handicap accessible van. According to the applicant the modified van will not fit into the garage therefore must be parked outside exposed to the elements. The carport is being requested to provide shelter and allow safe access, protected from natural elements, to and from his vehicle. Staff was not able to verify that the van is not able to fit safely into the garage as it is in an auto body shop being modified for handicap accessibility. 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. It has been determined that the requested carport will not be injurious to the neighborhood or otherwise detrimental to the public welfare. The attached layout of the property illustrates that the carport will remain on private property and will not obstruct public right -of -way, including the sidewalk The house is on a corner lot abutting E. 19`h St. and Dogwood St and during a site visit it was determined that the carport would not hinder any lines of site for drivers approaching the intersection. If the request is approved the applicant will be required to apply for a building permit before proceeding with the construction. This process will allow for the structure inspected before final approval and ensure that the carport is constructed in a safe manner, built clear of public access and that it maintains additional building standards such as the 5' side yard setbacks for accessory structures. After a visual inspection of the site and its surroundings staff found that there are no carports present in the immediate neighborhood. Neighborhood input does, in part aid in establishing the staffs recommendation. Letters were mailed to all property owners within three - hundred (3 00) feet of the subject property on April 12, 2004 and the request was advertised in the Owasso Reporter on April 15, 2004. Staff has received no phone calls or correspondence objecting to this request to date. RECOMMENDATION Staff recommends approval of OBOA- 04 -07. ATTACHMENTS 1. General Area Map. 2. OBOA -04 -07 Application. 3. Site Layout 4. Photographs of the site. 5. Illustration of proposed carport 6. Copy of Legal Advertisement. 7. Copy of Letter Sent to Surrounding Property Owners, 8. Letter from applicant's doctor is Owasso community Development Department 111N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com 19th OBOA 04 -07 Special Exception - Carport 307 E. 19th St. 4d 7.4 E -� CITY OF OWASSO P.O. BOX 130 OWASSO, OKLAHOMA 74055 (918) 272.2251 FAX (918) 272.4997 SPECIAL EXCEPTION BOARD OF ADJUSTMENT INTERPRETATION OR APPEAL THE FOLLOWING INFORNIATION TQ BE S 'P LIED BY APPLIC NT ACTION REQUESTED ]Special Exception— Section . &.2 , h Use Unit No. Interpretation of Zoning Text DInterpretation of Zoning Map DAppe 11 from Building Inspector QAppeal under the Provisions of Chapter 12, Section Descnbe below the specifics of your request. Where applicable, indicate pertinent uses, distances, dimes etc. Please attach any plot plans, photographs and other factual information that will assist the Board in deternuning the merits of your request. , PROPItRTY LEGAL DESCRIPTION ;• 7 nA /r (I) �/�>� a Y'��.a (� �, hiA> fi�.ls {r; j,r )) :�)A 3, _ 1�.,'�.ii:9 fl! /irI ( nrJ.. -v .ik �' %�i'' Name and Address of Record Owner Address or General Location of Subject Property A appuucant, what is your interest in this property? Name of erson to be billed for publication Phone Owner QAgent for Owner Da .r ; ! : IYl J P ;s' y�p-L72'� 9s a QPuroiaser []Other Mailing Address QAtttmey for Owner 3aF�,�yr r °wass_ Gf.7 4, u =� I CERTIFY THAT THE SUBMITTED INFOPUMATION IS TRUE AND CORRECT I Signature r Pleasesubmit the completed application form and application fee of $50 along with 'a Certified 300' Radius Report (available from an abstract company) and other supplemental documents to the City Planner on or before the first day of the month in which the request is to be heard by the Board. This is a quasi- judicial proceeding. The applicant or applicant's agent must be present at the hearing to receive approval. IOA UEET1NG DATE PRESENT USE BiV _ 'Ug�I'pAL DATE ZONPIG DISTRICT I . EE RECEIPT NT nbfRFR �� COPPINGER, INC. 1932 Memorial Drive Claremore, OK 74017 Mortgage Co.: gCB BANK Borrower: David Morris and Mary Morris Address: 307 E. 19th Street, Owasso, Oklahoma 74055 REGISTERED LAND SURVEYORS INSPECTION PLAT AND CERTIFICATE FOR MORTGAGE LOAN PURPOSES FLOODPLAIN STATEMENT: FLOOD ZONE C COMMUNITY PANEL NO. 400210 0002D MAP REVISED: April 15, 1992 F� 9csa.e I °= 30 /� f � 0 �n r� -5.7 T 5 v OF r 7- ; ._,. C 1 y Co ; .� JI T 5 rx.z I N H 4 pnr lc,. I i0 Tv��),ue1111nn ck tJ�Frm�: O N c an 49. 2 ;! : 25lijQ I :.I9niuE � 31.2t d /� f � 0 r'7L�r .$ 5-0 -5.7 T 5 / 27 OF r 7- ; ._,. C 1 y Co ; .� I CEPTIFICATE This Plat is made for antl at the request of RCA BANK mortgage loan purposes only covering property described as: Lot One (1), Block Two (2), Ator Heights Third Addition, a Subdivision in the City of Owasso, Tulsa County Oklahoma, according to the recorded Plat thereof. !or I hereby certify Nat the above Inspection platshows the Improvements se located on thepromises described, thatthey we entirely within Ihedascribetluactbou,con, and that there are no encroachments thereon except as Indicated, that the above plat shows all recorded plat easements and other such easements as have be diselusedandfurnishedus by lender, thatthls piatwes prepazadforklontifeation purposes only for the Mortgagee andis not alandorproperty, lino survey, thatnoprope corners were sal, and it is not to be used or relied upon for the estabiishmentof fence, building or other improvement lines. No responsibility is assumer herein or hart to the present or future land owner or occupant. WITNE SS MY HAND AN D S EAL THIS 23rd DAY OF September 19 98 __J_ _ OBOA 04 -07, Special Exception (Carport) 307 E. 190' St., Owasso, OK. High- profile Coverage For ■ Automobiles Protect this investment from sun, heat, snow, and ice. 0 Walkway Covers 0 Loading Docks 0 Condo & Apartment Multi -bay Parking Value gesigned and built to provide many, many years of maintenance -free enjoyment. Structural members are high -yield *Powder- coated steel with heavy gauge aluminum roof panels, all engineered to withstand the toughest weather. * Acrylic Flash baked to metal at 400.0 With engineering available upon request. 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 04-07 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 27s' day of April, 2004. At that time and place the Owasso Board of Adjustment will consider a request from David and Mary Morris for a SPECIAL EXCEPTION to allow a carport on property located at 307 E. 19a' St. 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 April, 2004, Duane Cuthbertson City Planner City of Owasso Department of Community Development 111 North Main PO Box 180 Owasso, OK 74055 NOTICE TO PROPERTY OWNER OBOA 04 -07 (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 Bldg., 109 North Birch, Owasso, Oklahoma at 6:00 PM on the 27d' day of April, 2004. At that time and place the Owasso Board of Adjustment will consider a request from Mary and David Morris, applicant /owner, for a Special Exception, to allow a car port in the front yard of a residence located at 307 E. 19d` St., 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 2nd day of April, 2004. Sincerely, �- ---- -P `iHuane Cuthbertson City Planner SCOTT MEDICAL CLINIC c. BRENT SCOTT, D.O. 19 S. MAIN OWASSO, OK 74055 Telephone (918) 274 -9999 To Whom It May Concern Due to health complications patient David Morris is requesting that a carport be approved to build at home. Patient has fallen on many different occasions due to weather. Due to size of garage vehicle will not fit, so vehicle has to be parked in drive way. Please accept this petition and allow the Morris family to install a carport. Thank You, Dr. Erent Scott D.O. CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT OBOA — 04-12 STAFF REPORT The City of Owasso has received a request from John K. Davis, applicant, for a Variance from the Owasso Zoning Code, Section 430.1 (Bulk and Area Requirements in Residential Districts), TO ALLOW AN ENCROACHMENT OF THE SIDE AND FRONT BUILDING SETBACK LINES. LOCATION The subject property is located in Double Oaks at 12727 E. 77a' St. N., 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 with the exception of the eastern boundary, the eastern boundary abuts N. 129 E. Avenue. PRESENT ZONING RS -3 (Residential Single - Family District) The subject site is located within a subdivision laid out for single family homes. The subdivision is zoned RS -3. The property to the east of the site across N. 129h E. Ave. is zoned RE. There are no known zoning actions pending or affecting the buildability of this lot. ANALYSIS The applicant is requesting a variance from the Owasso Board of Adjustment to encroach upon the 25' front yard, the 5' north side yard and the 10' south side yard building setback lines in order to fit the house on the lot with a size and orientation that fits the surrounding neighborhood. The applicant desires a 20' front yard setback (a variance of 5'), a 5' south side yard setback (a variance of 5' that will remain outside of the utility easement located along the south property line), and a 3.5' north side yard setback. The applicant desires to construct a single family home at 12728 E. 77a' Cir. N. The subject lot, Lot 23, Block 1, Double Oaks, is one of a few remaining undeveloped lots in the subdivision. Due to an irregular lot configuration and the presence of a 50' GRDA utility easement located along the rear lot line 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 and still be in compliance with the covenants of the subdivision. The applicant would like the house to be consistent with the character of the neighborhood and compatible with the houses surrounding the lot. The applicant is confronted with a 25' front yard setback line and 5' and 10' side yard setback lines along with the previously mention GRDA easement of 50'. These lot spacing requirements leave the applicant with a buildable space of 3,364.71 ft2 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 spacing dimensions of the lot. 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 and the location of the 50' GRDA easement that effectively left 3,364.71 ft2 of buildable space. As the property is zoned RS -3 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 4,000 ft2. Somehow this particular lot's spacing was overlooked during the review of the Double Oaks plat. The covenants and character of Double Oaks necessitate that houses built within the subdivision possess a minimum ground floor area of 1200 ft2 and have a total minimum of at least 1,800 W. The applicant has stated that this lot does not provide the spacing necessary to accomplish this requirement. The applicant is proposing a configuration on the lot that would locate the proposed house 24.1 ft from the front lot line, 4 ft. from the northern property line and 6 ft. from the southern property line. This spacing will allow development on the lot to remain consistent with the prevailing front building line on the street and within the neighborhood as .9 feet variation from the required 25 ft front yard setback is not noticeable to the average person. The northern side of the proposed house would provide a total of approximately 14' between the proposed structure and the existing house to the north. The south side would have a far greater space between the proposed house and the existing house to the south If the variance is granted, the construction of the building as displayed on the attached plot plan would not cause substantial detriment to the public good or impair the purpose and intent of the zoning ordinance or the comprehensive plan. The house as designed and built should upon visual inspection look no different from any other house in the neighborhood in regards to the placement on the lot. Decisions on this type of request can be and are often influenced by surrounding property owners' comments /concerns. 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 -12 to date. RECOMMENDATION Staff recommends approval of OBOA 04 -12 allowing the requested variances and associated setbacks of 20' in the front yard, 3.5' on the north side yard and 5' on the south side yard. ATTACHMENTS 1. OBOA 04 -12 Variance Application 2. General Area Map 3. Plot Plan 4. Building Area map 5. Public Notice 6. Photographs of existing conditions on and around the subject lot. OBOA- �-ti C J(, 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 PROPERTY LEGAL DESCRIPTION tc J - L�k J, Name and Address of Rcc � d Owner Address or General Location of Subject Property As applicant, what is your interest in this property? Name of person to be bilt� for publication Phone ❑Present Owner ,,,[]Agent for Owner V C t-l- t✓ 7 ❑Purchaser ❑Other Mailing ddress ❑Attomey for Owner ( C) 8 c-)4 Z, 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 agate unnecessary hardship. '!%c.� /.? C'� p (tR'( (.L.F: s.`Ya• —. C t-- 1 �> G(,a C%' �' k` f 2Z 2. There are conditions peculiar to this property which do not apply to other properties in the same zoning district. / 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. I CERTIFY THAT THE SUBMITTED 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.cityofowasso.com blect II w 01 N z E. 76th St. N. OBOA 04 -12 Variance 12728 E. 77th Cir. N. 'PREPARED FOR: JOHN K. DAVIS, JR. PLOT PLAN NORTH SCALE Y "= 30' Lot 23 in Block 1 of DOUBLE OAKS, an Addition to the City of Owosso, Tulsa County, State of Oklahoma, according to the recorded Plat thereof. EAST 77TH CIRCLE 4.0 24.1 AD ` N CURRENT SETBACK REQUIREMENTS 25' FRONT YARD 5' AND 10' SIDE YARD PROPOSED SETBACK VARIANCES 20' FRONT YARD 5' SIDE YARD ON SOUTH LINE 3.5' SIDE YARD ON NORTH LINE 50.0 51.0 �G.R.D.A.I ESMT:, LOT 231 BLK 'I 51.0 - I I � I rn tD O LO q- 62T