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Home My WebLink About2004.07.24_Board of Adjustment AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO BOARD OF ADJUSTMENT TYPE OF MEETING: Regular DATE: July 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 City Hall at 12:00 PM on the 19d' day of July, 2004. Duane Cuthbertson City Planner OWASSO BOARD OF ADJUSTMENT Tuesday, July 27, 2004, 6:00 PM Owasso Old Central, 109 N. Birch AGENDA 1. Call to Order 2. Roll Call 3. Approval of Minutes from the June 22, 2004 Regular Meeting. BOARD OF ADJUSTMENT PUBLIC HEARING 4. OBOA 04 -15 — A request for a Variance to allow 5' side yard setbacks for duplex development on. Lots 12 & 13, Block 2 in Hales Acres 2nd Addition. 5. OBOA 04 -16 — A request for a Special Exception to allow Use Unit #18 (Drive -In restaurants) on property zoned CS (Commercial Shopping District) at 13314 E. 116'' St. N. in the Garrett Creek Center Addition. 6. Annual election of Board of Adjustment officers 7. Other Business 8. Adjournment MEMORANDUM TO: THE BOARD OF ADJUSTMENT CITY OF OWASSO FROM: DUANE CUTHBERTSON CITY PLANNER SUBJECT: ELECTION OF OFFICERS DATE: JULY 19, 2004 BACKGROUND: Appendix `E — By -Laws of the Owasso Board of Adjustment", Section 2. Election of Officers states: "The Board of Adjustment shall conduct an annual meeting each year on the regular meeting date in June which, in addition to their regular business, shall be for the purpose of conducting an election of officers to serve for a term of one (1) year from the date of election." Officers that need to be elected consist of Chairman, Vice Chairman, and Secretary. CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT OBOA — 04 -15 STAFF REPORT BACKGROUND The City of Owasso has received a request from Brant Snap, applicant, for a Variance from the Owasso Zoning Code, Section 430.1 (Bulk and Area Requirements in Residential Districts), TO ALLOW A 5' SETBACK ON EITHER SIDE YARD. HEARING DATE: July 27, 2004 LOCATION The subject property is located in the 11300 Block of N. I I2 'E. Ave. on Lots 12 & 13 of Block 2 in Hale Acres 2nd Addition, - Owasso, OK. A general area map is attached for your review. EXISTING LAND USE Vacant SURROUNDING LAND USE Duplex development is located immediately to the north, south and west of the subject property. Mobile homes exist within the same block to the north and single family homes occupy the streets further west of the subject site. The property to the east is vacant. PRESENT ZONING RD (Residential Duplex District) SURROUNDING ZONING The subject site is surrounded by RD zoning immediately to the north, south and west. RS -1 zoning exists further west and south in the Hale Acres Addition, while RMH (Residential Mobile Homes District) zoning is located to the north. The property to the east is zoned CG (Commercial General District). ZONING HISTORY There are no known zoning actions pending or affecting this lot. However in 1998, a variance (OBOA 98 -11) was granted to lots 10 and 11 immediately north of the subject site to allow duplex development with 5' & 7' side yard setbacks. 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. Brant Snap has requested a variance to reduce the side yard setback requirement to 5' on either side for proposed development on the two remaining lots on N. 112s' E. Ave. in Hale Acres, this particular street in the neighborhood has been planned for and developed with duplexes along the length of its eastern side. Mr. Snap would like to develop the duplexes in a manner consistent with existing duplexes along the street. Consistency in this case would equate to 50' wide units as this width is the dominant width of the duplexes found along the length of N. 112a' E. Ave. with a few exceptions being wider than 50'. In this case Mr. Snap has two 60' lots on which to build his duplexes. If he were to stay consistent with the surrounding properties and build a 50' wide duplex that would leave only 10' to split among the side yard requirement. This task has already proven difficult as evidenced on the two lots immediately north of the subject properties. In 1998 a variance was granted to the owner of lots 10 & 11 for a variance to the side yard requirement to allow for 5' and 7' side yards. In that case, as in this, the applicant claimed the lot width was not sufficient for, what he said was reasonable and consistent duplex development; his duplexes were 48' wide. This condition was not experienced on the 12 remaining duplex lots south of the subject property as their lots have a width dimension greater than 60 feet, many being 66' with some being as wide as 100'. The staff recognizes a necessity to build with consistency on this street. 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 duplexes 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. To date staff has received no inquiries concerning OBOA 04 -15. Staff recommends approval of OBOA 04 -15 allowing the requested variance for 5' side yard setbacks on either side of the development. ATTACHMENTS 1. OBOA 04 -15 Variance Application 2. General Area Map 3. Letter from applicant 4. Photographs of surrounding development and the existing site. 5. Proposed Plot Plans 6. Survey from adjacent property 7. Public Notice oBOA -_ 0 q CITY OF OWASSO P.O. BOX 180 OWASSO, OKLAHOMA 74055 (918) 272 -2251 FAX (918) 272 -4997 BOARD OF ADJUSTMENT ZONING VARIANCE THE FOLLOWING INFORMATION TO BE SUPPLIED BY APPLICANT Describe below the specifics of your request. Where applicable, indicate pertinent uses, distances, dimensions, etc. Please attach any plot plans, photographs and other factual information that will assist the Board in determining the merits of your request. PROPERTY LEGAL DESCRIPTION L /.7, 4 / .} 3 Z 1-14 JJce Z -N a Name and Address of Record Owner SUS N. 7E +n Addss of General Lo anon of ubject Prop rttryy JcKc 4 t ecr �c5'Pu..cS,t 'itct6A /lLra r-,AvE -n...et i�Lrt♦ (1 rµ 4r n/. As applicant, what is your interest in this property? N e of persogAo be billed for publication Phone ❑Present Owner ❑Agent for Owner ii < <� �� % >> & A" ;,,one , j - 3,le ti z Y .Purchaser ❑Other Mailing Address j rz cC2Yi ❑Attorney for Owner /lie C e 7j,'r r� CG L h.>s' 1', 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. L n srzw a> 2. There are conditions peculiar to this property which do not apply to other properties in the same zoning 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 I Shmaturp_ _• — —'1 -( Please submit the completed application form and application fee of $75 along with a Certifieb00' 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 3 22 I 21 X20 19 16 17 16 15 14 1.. 12 111 '10 18 7 6 1 5 3 2 L 111 E. 11r 4th St. N. 7 1 is 17 J 7 27 16 --i I.. M- 0 pje —,-Sui -bje6 L t-Pr 5 25 ) 2 24 23 `1 22 i 13 12 14 4 2 17 16 ----------- Owasso Community N Development Department OBOA 04-15 111 N. Main St, Owasso, OK 74055 Brant Snap W-i E 918.376,1500 918.376.1597 www.cityofowasso.com S Lot 12 & 13, Block 2 Hale Acres 2nd Addition J ly ls, City of Owasso Board of Adjustment Re: Lot 12 and Lot 13, Block 2 Hale Acres 2 "d Gentlemen: Attached please find the following information: Picture of property Picture of duplex to the north Picture of anticipated new duplex Survey of previously built duplex Plot plan It is my request to change the building lines for the above referenced property. Subject property has a dimension of 60'x 173'. Proposed duplex has a width of 50', thus building will be roughly 5' from property line. It is my request to change the side building lines to 5'. Existing property to the north have had this same issue with a variance being granted. The following is a response to the questions outlined on the Zoning Variance Application. Based on the current plat the structure would be required to be very narrow or a two story. It is my opinion that a structure of this type would not conform to the new duplexes that have recently been built. The unnecessary hardship in this case would be to find a plan that would fit, the cost associated with building would be greater and visually the property would not look right. 2. The conditions that are peculiar to this property that I want to focus on is the width of the property. The 60' frontage is extremely narrow and contemporary plans will not fit on this size of lot. 3. This will not cause a detriment to the public or impair the zoning ordinance, in fact it will allow for the infill of what is currently an unusable lot. `—Respectfully submitted, c ant Snap View of proposed new duplex Lot 10 and 11, Block 2 Hale Acres 2 °d L - Lot 12 and 13, Block 2 Hale Acres 2nd Preliminary Plot Plan L13, B2 Hale acres 2nd 60' 5' 50' 5' 25' 173' Preliminary Plot Plan 1,12, B2 Hale acres 2nd 60' 5' 50' 5' 25' 173' REGISTERED LAND SURVEYOR SLAB SURVEY WATSON SURVEYING CO., INC. ' 401 E. ROGERS BLVD. SKIATOOK, OK 74070 (918)3963214 OMCE (918)396-322B FAX 1 C.A. #1058 EXP. 06/302005 /.P. 501 Z zrs /73.0 BLn 6. SITE E /73.0 PARCAL V 5.66.66' LOT 3 PROPERTY DESCRIPTION Parcel "C" The South 66.66 feet of Lot 3, Block 5, HALE ACRES ADDITION, Tulsa County, Oklahoma, according to the recorded Plat thereof. NOTE: Measurements are to stem wall forms. INSPECTION PLAT CERTIFICATE I hereby certify that this Inspection Survey was prepared for FierAOMA m 92WAfse, that it is not a land or boundary survey plat, and that it is not to be relied upon for the establishment of fence, building, or other future improvement lines. I further certify that the improvements on the above described parcel, on this date, 9 i/_ o? , except utility connections, are entirely within the parcel, except as shown, that there are no encroafbments upon the described premises by improvements on any adjoining premises, except as indicated, and that there is no apparent evidence or sign of any easement crossing ci. rdening any part of said parcel, except as noted. z" I .......... A.B. Watson, Jr. 1 g.,yy.. -• ,P ,i WA SONJR. �'t L.S. 1057 .Y b Lq /.P. N Z zrs /73.0 BLn 6. SITE E /73.0 PARCAL V 5.66.66' LOT 3 PROPERTY DESCRIPTION Parcel "C" The South 66.66 feet of Lot 3, Block 5, HALE ACRES ADDITION, Tulsa County, Oklahoma, according to the recorded Plat thereof. NOTE: Measurements are to stem wall forms. INSPECTION PLAT CERTIFICATE I hereby certify that this Inspection Survey was prepared for FierAOMA m 92WAfse, that it is not a land or boundary survey plat, and that it is not to be relied upon for the establishment of fence, building, or other future improvement lines. I further certify that the improvements on the above described parcel, on this date, 9 i/_ o? , except utility connections, are entirely within the parcel, except as shown, that there are no encroafbments upon the described premises by improvements on any adjoining premises, except as indicated, and that there is no apparent evidence or sign of any easement crossing ci. rdening any part of said parcel, except as noted. z" I .......... A.B. Watson, Jr. 1 g.,yy.. -• ,P ,i WA SONJR. �'t L.S. 1057 .Y City of Owasso Department of Community Development 111 North Main PO Box 180 Owasso, OK 74055 NOTICE TO PROPERTY OWNER OBOA 0415 (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 27th day of July, 2004. At that time and place the Owasso Board of Adjustment will consider a request from Brant Snap, applicant, for a Variance from the Owasso Zoning Code to allow for 5ft building side yard set backs Lots 12 & 13 of Block 2 in Hale Acres 2nd Addition, Owasso, OK. The lots are located on the east side of N. 112th E. Ave. between E. 110 St. N. and E. 113"' St. N. 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 16th day of July, 2004. Sincerely, � (/] Duane Cuth ertson City Planner CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT OBOA — 04 -16 STAFF REPORT BACKGROUND The City of Owasso has received a request from Garrett Creek Development, LLC., applicant, for a Special Exception of the Owasso Zoning Code, Section 610, Principal Uses Permitted in Commercial District, to allow Use Unit 18 (Drive -In restaurants) on property zoned CS (Commercial Shopping District) in the City of Owasso. The applicant is proposing to develop a Sonic Drive -In restaurant. HEARING DATE: July 27, 2004 LOCATION The subject property is in the Garrett Creek Center addition, Lot 3 of Block 1 or 13314 E. 116'h St. N. EXISTING LAND USE The property is currently vacant. SURROUNDING LAND USE The surrounding property is currently vacant. PRESENT ZONING OPUD 02 -02 outlined as CS (Commercial Shopping District) SURROUNDING ZONING North: AG — Tulsa County South: OPUD 02 -02 outlined as CS (Commercial Shopping District) East: OPUD 02 -02 outlined as CS (Commercial Shopping District) West: OPUD 02 -02 outlined as CS (Commercial Shopping District) APPLICABLE REGULATIONS • Owasso Zoning Code, Section 610 — Principal Uses Permitted in Commercial Districts • City of Owasso Ordinance # 437 — allowing Use Unit 18 in CS (Commercial Shopping Districts) by Special Exception. 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 In 2002, the property was rezoned to OPUD. 02 -02, outlining the future uses of the land as Commercial with an underlying zoning of CS (Commercial Shopping District). In February of 2004 the property was platted as the Garrett Creek Center. ANALYSIS The subject property in this request is part of the Garrett Creek Planned Unit Development, a larger development calling for a mix of commercial and residential uses. The applicant is the developer of Garrett Creek, assuring that the proposed use of the property as a Sonic Drive -In restaurant is consistent with the overall development plan for the area. The property lies along a major arterial as designated by the Owasso 2010 Land Use Master Plan. Simply stated the designation means that the roadway has been targeted for widening at some point in the future and it is anticipated that significant urban growth will occur along this corridor. As such, this corridor is planned to embrace intense commercial land uses, which would include Drive -In restaurants. Furthermore, during the platting of this property as a part of the Garrett Creek Center addition a shared 30' Mutual Access Easement was secured between lots 3 (the subject lot) and 4 while a Limit of No Access (LNA) was established along the remainder of the frontage along E. 116th St. N. This application of the MAE was specifically executed to assist in the management of traffic between the Garrett Creek commercial development and E. 116'h St. N. Essentially future development on the subject lot will have direct access only through the Mutual Access Easement and nowhere else, effectively limiting the contribution to traffic conflict on the arterial. As the property is surrounded by planned commercial uses there is no reason to be believe that the proposed drive -in would pose a conflict. The request is compatible with the Owasso 2010 Land Use Master Plan as it identifies the property as having high intensity land uses. 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. RECOMMENDATION 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. Owasso Community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com • PL. V ru AJ V• 1 \• Subject Property OBOA 04 -16 Garrett Creek Development 13314 E. 116th St. N. a 9 My 12. 2004 OBOA -- 0 1 - 14 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 ACTION REQUESTED [Special Exception — Section Ord. Al 3 7 []Interpretation of Zoning Text Use Unit No. IT ❑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, LEGAL Name and Address o Record Owner Address or General Location of Subject Property B . Pil G'_ I /_1. -. c.1r4L lid- 001,.(F't applicant, what is your interest in this property? Name of person to be billed for publication Phone ?resent Owner ❑Agent for Owner J i�L it LAC'_, 4rz) 31E' `i'lec ?urchaser [-]Other Mailing Address Attomey for Owner I yr;! lt)e1T `%Nci 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. BOA MEETING DATE I PRESENT USE SUBMITTAL DATE ZONING DISTRICT FEE RECEIPT NUMBER APPROVED DENIED r