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Home My WebLink About2004.06.22_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 June 22, 2004 6:00 PM Owasso OId 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 1 Ph day of June, 2004. Duane Cuthbertson /(! City Planner OWASSO BOARD OF ADJUSTMENT Tuesday, June 22, 2004, 6:00 PM Owasso Old Central, 109 N. Birch AGENDA 1. Call to Order 2, Roll Call 3. Approval of Minutes from the May 25, 2004 Regular Meeting, BOARD OF ADJUSTMENT PUBLIC HEARING 4. OBOA 04 -13 — A request for a Variance to allow a 15' side yard setback abutting a public road in the proposed Honey Creek II addition. The subject property is located %: mile north of E. 96" St. N. and 1/3 mile east of N. 97h E. Ave. 5. OBOA 04 -14 — A request for a Variance to allow an encroachment into the front yard setback line at 12120 N. 107'h E. Ave. in the Country Estates V addition. 6. Other Business 7. Adjournment City of Owasso Department of Community Development 111 North Main PO Box 180 Owasso, OK 74055 NOTICE TO PROPERTY OWNER OBOA 04 -14 (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 22nd day of June, 2004. At that time and place the Owasso Board of Adjustment will consider a request from Willcox Construction Co., applicant, for a Variance from the Owasso Zoning Code to allow for 1.4' front yard encroachment at 12120 N. 107th E. Avenue, Owasso, OK. 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 11th day of June, 2004. Sincerely' l" wane Cuthbertson lye= City Planner CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT OBOA — 04 -14 STAFF REPORT BACKGROUND The City of Owasso has received a request from Willcox Construction, 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 FRONT YARD SETBACK LINE OF 1.4 FEET. HEARING DATE: June 22, 2004 LOCATION The subject property is located in Country Estates V at 12120 N. 107'h E. Ave., Owasso, OK. A general area map is attached for your review. EXISTING LAND USE Single Family house SURROUNDING LAND USE Single - family homes surround the subject property to the south and east. Railroad tracks abut the western and northern boundary with agricultural uses occupying lands further north and west. PRESENT ZONING RS -3 (Residential Single - Family District) The subject site is located within Country Estates V and the property to the south and east are zoned RS -3. Land to the north and west of the subject property are zoned RE in Tulsa County. There are no known zoning actions pending or affecting this lot. 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 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. Willcox Construction Co. is requesting a variance from the Owasso Board of Adjustment to encroach upon the 25' front yard building setback line by 1.4 feet. The house for which the applicant seeks the variance is already constructed and is positioned 1.4' over the front yard setback line. More specifically the garage is the only portion of the house over the building line (refer to the attached plot plan). According to the applicant the measurement of the front building line was taken from the curb due to the absence of property line pins. This activity usually proves sufficient however this particular time the curb pin location was inaccurate therefore making the front building setback line inaccurate. This discrepancy was not discovered until well after a substantial portion of the house had already been constructed. Work on the house has ceased until the Board of Adjustment decision is rendered. Application of the zoning ordinance requirements to this particular property will translate to the applicant having to either shave 1.4' off of the front of the garage raze the entire structure and completely reposition the house. 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 -14 to date. RECOMMENDATION Staff recommends approval of OBOA 04 -14 allowing the requested variance to allow an encroachment of 1.4' into the front yard setback requirement. ATTACHMENTS 1. OBOA 04 -14 Variance Application 2. General Area Map 3. Plot Plan 4. Public Notice 5. Photographs of existing conditions on and around the subject lot. PREPARED FOR; vADOdcu'ngx�OCpN� AS-- BUILT. SURVEY t r V ,4i r / r .`r, ola " MU"Ww"J t, Ofd sr / LWAZ DISCS tpnoN bi LOT SIXTEEN ATE FLOCK ONE (f), COUNTRY ESTATES V, AN ADDITION TO TULSA Cam 'STATE �F OKlA80MA ACCORDING TO THE RECORDED PLAT THMOF. austi I CEli7'tlTCd17>: 'au"m er Tw mm tv 14 aln M, OBOA --;t� . 14 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 yetermining the merits of your request. PROPERTY LEGAL DESCRIPTION Inr IL 6toUC /y `OUw/T/2Y E�TAT�5 Name and Address of Record Own nn Address or General Location of S bjec[ Prop Wean! 42,j c d3 / 0 / O IV 7sAV0 un/rX' i As applicant, what is your interest in this property? Na a of perso to be billed for ublication Phone OF4L ®Present Owner ❑Agent for Owner �.77 ❑Purchaser ❑Other Mailing Address /•�3 OS ❑Anomey for Owner P•D. i3aae /50'/ Qtif/�cXuj TeEOS.S ��5 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. 7t♦>c Q cJ?pB 1J r atnu a d tiros n rarf rr� far' Tb 2a/ l Ww/ b n IP�Pes rclwrc, Tia Ar , i� FO/LTil- ! 5i �OvreAr �90,f rr rcr 2. There are conditions peculiar to this property which do not apply to other properties in the same zoning district. 3. I uc variance, r gramea, 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 1S TRUE AND CORRECT I Siena . _ _ / _ _ Please submit the completed application form and application fee of $75 alodg 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. hv FOR INTERNAL OFFICE USE BOA MEETING DATE SUBMITTAL DATE FEE RECEIPT NUMBER PRESENT USE ZONING DISTRICT APPROVED DENIED Subject Owasso community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com i OBOA 04 -14 Willcox Const. 12120 N. 107th E. Ave. ,1� Jura T, 2 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.city0fowasso.com NOTICE OF A HEARING BEFORE THE BOARD OF ADJUSTMENTS OF THE CITY OF OWASSO, OKLAHOMA. Case Number OBOA 04 -16 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 271h day of July, 2004. At that time and place the Owasso Board of Adjustment will consider a request from Garrett Creek Development LLC for a SPECIAL EXCEPTION to allow Use Unit 18 (Drive -in Restaurants) in a CS zoning district on property located at 13314 East 116th St. N. in the Garrett Creek Center addition, 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 12th day of July, 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 -16 (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 27'h day of July, 2004. At that time and place the Owasso Board of Adjustment will consider a request from Group Blaksley LLC., applicantlowner, for a Special Exception, to allow a Sonic Drive -In restaurant on roperty zoned CS Commercial located in the Garrett Creek Commercial Center at 13314 E. 116 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 16'h day of July, 2004. Sincerely, ��- -- Duane Cuth ertson City Planner