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HomeMy WebLinkAbout2004.05.25_Board of Adjustment AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO BOARD OF ADJUSTMENT TYPE OF MEETING: Regular DATE: May 25, 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 12`h day of May, 2004. D1 uthbertson City Planner OWASSO BOARD OF ADJUSTMENT Tuesday, May 25, 2004, 6:00 PM Owasso Old Central, 109 N. Birch /.C7015-il:1 1. Call to Order 2. Roll Call 3. Approval of Minutes from the April 27, 2004 Regular Meeting. BOARD OF ADJUSTMENT PUBLIC HEARING 4. OBOA 04 -10 — A request for SPECIAL EXCEPTION to allow a temporary vendor at 10950 E. 116' St. N. 5. OBOA 04 -11— A request for SPECIAL EXCEPTION to allow a temporary vendor on a lot located in the southwest comer of E. 86" St. N. and N. 125h E. Ave. 6. OBOA 04 -12 — A request for a VARIANCE to allow an encroachment of the front and side yard setback lines at 12728 E. 77t" Cit. N. Other Business 8. Adjournment City of Owasso Department of Community Development 111 North Main PO Box 180 Owasso, OK 7405: NOTICE TO PROPERTY OWNER OBOA 04 -12 (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 25'h day of May, 2004. At that time and place the Owasso Board of Adjustment will consider a request from John K. Davis, applicant, for a Variance from the Owasso Zoniu Code to allow encroachments over the established building lines on a lot located at 12728 E. 77 Cir. 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 101h day of May, 2004. Sincerely, Cecr;tkson r G City Planner � . .. . \Ell, \ - \ \� / \' U y\ �. . ...... . m. \�� ..� ..... m { ` � � ©��a?� f' �, c U S P �( S City of Owasso Department of Community Development 111 North Main PO Box 180 Owasso, OK 74055 NOTICE TO PROPERTY OWNER OBOA 0410 (918) 376.1540 FAX (918) 376.1597 Inspections: 376.1542 www.City0fowasso.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 25's day of May, 2004. At that time and place the Owasso Board of Adjustment will consider a request from GV Enterprises, Inc, applicantlowner, for a Special Exception, to allow a temporary vendor (snow cone stand) in the Dirty Dawg Car Wash parking lot located at 10950 E. 116d' 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 10`s day of May, 2004. Sincerely, 1 ' Duane Cuth ertson City Planner City of Owasso Department of Community Development 111 North Main PO Box 180 Owasso, OK 74051 (918) 376.1540 FAX (918) 376.1597 ;pections: 376.1542 .cityofowasso.com NOTICE OF A BEARING BEFORE THE BOARD OF ADJUSTMENTS OF THE CITY OF OWASSO, OKLAHOMA. Case Number OBOA 04 -10 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 25th day of May, 2004. At that time and place the Owasso Board of Adjustment will consider a request from GV Enterprises for a SPECIAL EXCEPTION to allow a temporary vendor (snow cone stand) in the Dirty Dawg Car Wash parking lot located at 10950 E.116th 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 10th day of May, 2004. Duane Cuthbertson City Planner CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT OBOA — 04 -11 STAFF REPORT BACKGROUND The City of Owasso has received a request from Ina Deuvall, applicant, for a Special Exception of the Owasso Zoning Code, Section 1002, Areawide Special Exception Uses, to allow for operation as A NON - PERMANENT VENDOR in the City of Owasso. The applicant is proposing to operate a snow -cone stand. LOCATION The subject property is the Cornerstone shopping center located on the south side of E. 8e St. N. between 123rd and 125h E. Avenues. More specifically, the applicant is proposing to locate the stand in the northeast comer of the shopping center. EXISTING LAND USE As previously stated the snow cone stand would occupy the northeast corner of the parking lot adjacent to E. 86d' St. N. SURROUNDING LAND USE North: Offices, including the Bank of the Lakes South: Cornerstone shopping center East: Old First Baptist Church site which is being converted to restaurant and retail space. West: The Cornerstone center parking lot is adjacent to the west. PRESENT ZONING CG (Commercial General District) SURROUNDING ZONING North: OL & CS (Light Office & Commercial Shopping District) South: CG (Commercial General Shopping) East: CG (Commercial General District) West: CG (Commercial General District) APPLICABLE REGULATIONS • Owasso Zoning Code, Section 1002 - Areawide Special Exception Uses • Section(s) 1400 through 1490 - 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. 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 approval. ANALYSIS The applicant is requesting a special exception from the Owasso Zoning Code to allow for a non - permanent vendor in a General Commercial district. The applicant wishes to operate a snow -cone stand in the northeast corner of the Cornerstone shopping center adjacent to E. 86a' St. N. The applicant/operator of the proposed snow -cone stand has the permission of the owner of the property on which the stand is proposed. The proposed site would provide necessary space to allow for parking and traffic movement associated with the proposed use. A snow cone operation was granted a Special Exception by the Board of Adjustment last year and operated during the summer season with no known conflicting issues. 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 May 10, 2004 and the request was advertised in the Owasso Reporter on May 13, 2004. Staff has received no phone calls or correspondence regarding this request. Issues that should be addressed by this Board, as was the case last year, are related to signage, trash receptacles and the length of time that the use of the property is allowed. If the request is granted, staff would recommend that all signage for the use must be approved by City staff through the requirement of a sign permit and that on -site trash receptacles must be provided by the applicant. Additionally, staff would recommend that the special exception use be assigned a specific date of cessation. The Board of Adjustment may consider issuing a Special Exception similar to one's recently granted to non - permanent vendors of similar character effective for up to 10 years so long as the following conditions are met: 1. The operation granted the Special Exception does not cease operation for more than one year. 2. Significant changes are not made to the original site plan. 3. Ownership of operation remains unchanged. 4. Written permission from the property owner to operate on site is submitted annually. 5. The conditions of the Special Exception are met. RECONEWENDATION Staff recommends granting a 10 year (until Oct. 15, 2013) Special Exception for OBOA= 04 -11, allowing the proposed snow -cone stand subject to following conditions: 1. The special exception use is discontinued no later than. October 15'h of each year. 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 -11 Application. 3. Copy of Letters Sent to Surrounding Property Owners. 4. Legal Notice. T4- n2 2 E. 86th ]NO 2 Owasso Community OBOA 04 -11 Development Department 111 N. Main St. Special Exception Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com SW corner of N. 125th E. Ave. and E. 86th St. N. 0 r' OBOA -�^ CITY OF OWASSO P.O. BOX 180 OWASSO, OKLAHOMA 74055 (918) 272 -2251 FAX (918) 272 -4997 SPECIAL EXCEPTION BOARD OF ADJUSTIMENT INTERPRETATION OR APPEAL THE FOLLOWING INFORMATION TO BE SUPPLIEknAULM_ANT ACTION REQUESTED OSpccial Exception— Section OInterpretation of Zoning Text Use Unit No. QInterpretation of Zoning Map Appeal from Building Inspector OAppeal under the Provisions of Chapter 12, Section Descnbe 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 ofvrmr rnm.s et PROPERTY LEGAL DESCRIPTION Gof I $Io cfL 2 E /ix ��� • ,� Na�mme and Address f Record Owner Address or General Location og Sub1'ect property / C a /7S ne �t c ex s7z QCJA3dq o /z Sr {�, > B6k. S�.rU . L(JinYS7r+ne As applicant, what is your interest in this property? N of person to be billed for publication Phone ❑Preset Owner OAgent for Owner _ OPurdiaser Other Te..y Mailing Address S OAttamey for Owner IC 111. D el? A _ ( � ,7n . v 'n ICERTIFY THAT THE SUEMI'ITED INFOMMkTION IS TRUE AND CORRECT Signature A, ] / �,,, , ,, Please submit the completed application form and application fee of $50 along wt 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. InS. Deu oAII AfiS ArrtcuvQ „�0M W/N6lr4»!. (XNSC 2W I CJ A• CA6W—^eDAe_ S A MEETING DATE PRESENT USE SUBMITTAL DATE ZONING DISTRICT FEE RECEIPT NUAVIBER APPROVED DENIED City of Owasso Department of Community Development 111 North Main PO Box 180 Owasso, OK 7405: NOTICE TO PROPERTY OWNER OBOA 04 -11 (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 251i day of May, 2004. At that time and place the Owasso Board of Adjustment will consider a request from Ina Deuvall, Inc, applicant/owner, for a Special Exception, to allow a temporary vendor (snow cone stand) in the Cornerstone Shopping Center parking lot located in the southwest corner of N. 125' E. Ave. and E. 861' 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 I& day of May, 2004. Sincerely, wane Cu ertson 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 04-11 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 25th day of May, 2004. At that time and place the Owasso Board of Adjustment will consider a request from Ina Deuvall for a SPECIAL EXCEPTION to allow a temporary vendor (snow cone stand) in the Cornerstone Shopping Center parking lot located in the southwest comer of E. 86th St. N. and N. 125th E. Ave. 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 10th day of May, 2004. Duane Cuthbertson City Planner �� / 2 CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT OBOA — 04 -10 STAFF REPORT BACKGROUND The City of Owasso has received a request from GV Enterprises, Inc., applicantlowner, for a Special Exception of the Owasso Zoning Code, Section 1002, Areawide Special Exception Uses, to allow for operation as A NON - PERMANENT VENDOR in the City of Owasso. The applicant is proposing to operate a snow -cone stand. LOCATION The subject property is located in the northeast comer of the Dirty Dawg car wash at 10950 E. 116x` St. N., Owasso, OK. EXISTING LAND USE As previously stated the snow cone stand would occupy the northeast corner of a site being utilized as a car wash. SURROUNDING LAND USE North: Country Estates — Single - Family residential subdivision South: Developing mini- storage facility East: Vacant West: The car wash sit immediately west of the site for the stand and beyond that the property is vacant. PRESENT ZONING IL (Light - Industrial District) SURROUNDING ZONING North: RS -3 (Residential Single - Family District) South: IL (Light- Industrial District) East: CS (Commercial Shopping District) West: AG (Agricultural District) APPLICABLE REGULATIONS • Owasso Zoning Code, Section 1002 - Areawide Special Exception Uses • Section(s) 1400 through 1490 - 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. 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 approval. ANALYSIS The applicant is requesting a special exception from the Owasso Zoning Code to allow for a non - permanent vendor in a light industrial district. The applicant wishes to operate a snow - cone stand in the northeast corner of the Dirty Dawg car wash adjacent to E. 116's St. N. The applicantloperator of the proposed snow -cone stand owns the property on which the stand is proposed. The site would provide necessary space to allow for parking and traffic movement associated with the proposed use. The applicant was granted a Special Exception by the Board of Adjustment last year and operated during the summer season with no known conflicting issues. 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 May 10, 2004 and the request was advertised in the Owasso Reporter on May 13, 2004. Staff has received no phone calls or correspondence regarding this request. Issues that should be addressed by this Board, as was the case last year, are related to signage, trash receptacles and the length of time that the use of the property is allowed If the request is granted, staff would recommend that all signage for the use must be approved by City staff through the requirement of a sign permit and that on -site trash receptacles must be provided by the applicant. Additionally, staff would recommend that the special exception use be assigned a specific date of cessation. The Board of Adjustment may consider issuing a Special Exception similar to one's recently granted to non - permanent vendors of similar character effective for up to 10 years so long as the following conditions are met: 1. The operation granted the Special Exception does not cease operation for more than one year. 2. Significant changes are not made to the original site plan. 3. Ownership of operation remains unchanged. 4. Written permission from the property owner to operate on site is submitted annually. 5. The conditions of the Special Exception are met. RECOMMENDATION Staff recommends granting a 10 year (until Oct. 15, 2013) Special Exception for OBOA- 04-10, allowing the proposed snow -cone stand subject to following conditions: 1. The special exception use is discontinued no later than October 150' of each year. 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 -10 Application. 3. Copy of Letters Sent to Surrounding Property Owners, 4. Legal Notice. " 7 — 30 B 7 31 32 5 5 3 L nI 33 E. 116th St. N. FA Subject Property 1 28 2 27 26 23 22 3 on 'AAAA Owasso Community Development Department 111 N. Main St. OBOA 04 -10 Special Exception N Owasso, OK 74055 918.376.1500 E 918376.1597 www.cityofowasso.com 10950 E. 116th St. N. S U °y M 2° 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 INFORMATION TO BE SUP LIED BY APPLIC T §STION REQUESTED A�pecial Exception — Section []Interpretation of Zoning Text Use Unit No. ElInterpretation of Zoning Map DAppeal from Building Inspector CAppeal under the Provisions of Chapter 12, Section Describe below the specifics of your request. Where applicable, indicate pertinent uses, distances, dimensions, etc. Nease attach any plot plans, photographs and other factual information that will assist the Board in deternfining the merits of your request. .���au vwucr Aaaress or cieneral Locat'on of Sub'- operty -�%— G nhV n9e nc . i= s 5+ t0a/ applicant, what is your interest in this property? Name of erson to be billed for publication Phone Rresent Owner ElAgent for Owner r'V r:lt" C 2-&o -- 5S , urdraser QOther Mailing Address Attorney for Owner f7. aX % �`t� 0"4.s 5 p bK y 0 SS I CERTFY THAT THE SUBMITTED INFORMATION IS TRUE AND CORRECT I Signature L-,.: J 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. BOA MEETING DATE SUBMICTAL DATE FEE RECEIPTNUMBER zy