HomeMy WebLinkAbout2004.09.28_Board of Adjustment AgendaPUBLIC NOTICE OF THE MEETING OF THE
OWASSO BOARD OF ADJUSTMENT
TYPE OF MEETING:
Regular
DATE:
September 28, 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
17'h day of September, 2004.
Duane Cuthbertson
City Planner
OWASSO BOARD OF ADJUSTMENT
Tuesday, September 28, 2004, 6:00 PM
Owasso Old Central, 109 N. Birch
AGENDA
1. Call to Order
2. Roll Call
3. Approval of Minutes from the July 27, 2004 Regular Meeting.
BOARD OF ADJUSTMENT PUBLIC HEARING
4. OBOA 04 -17 — A request for a Variance to allow 5' side yard setbacks on either sides of proposed
duplex lots 18 — 25, and 28 — 43; and to allow 3' side yard setbacks on the northern sides of
proposed duplex lots 26, 27, & 44 in a proposed subdivision located at the northwest corner of N.
129'h E. Ave. and E. 66th St. N.
OBOA 04 -18 — A request for a Special Exception to allow Use Unit #17 (Automotive and Allied
Activities) or mini- storages on property zoned CS (Commercial Shopping District) located at the
southeast corner of N. 137°i E. Ave. and E. 86h St. N.
6. Other Business
Adjournment
CITY OF OWASSO
COMMUNITY DEVELOPMENT DEPARTMENT
OBOA — 04 -17
STAFF REPORT
BACKGROUND
The City of Owasso has received a request from Dominion Corporation for a Variance
from the Owasso Zoning Code, Section 430.1 (Bulk and Area Requirements in
Residential Districts), to allow a side yard setback of 5' and 5' (on either side) on all the
duplex lots with the proposed plat for `the reserve on elm creek' and to allow a side yard
setback of 3' on the northern side yards of the southern most duplex lots in the above
mentioned proposed development.
HEARING DATE: September 28, 2004
LOCATION
The property is located at the northwest corner of N. 129`h E. Ave. and E. 66 1 N.;
more specifically the lots in the proposed subdivision identified for the variance are lots
18 — 44 with lots 26, 27, & 44 identified for the 3' setback. A general area map and
proposed subdivision layout are attached for your review.
EXISTING LAND USE
Undeveloped
SURROUNDING LAND USE
The properties to the north, east, and west are utilized in an agricultural - residential
manner. A church surrounded by large lot residential is located to the south of the
subject property.
PRESENT ZONING
RD (Residential Duplex District) under the provisions of OPUD 04 -01.
SURROUNDING ZONING
Properties to the north, east and west are zoned AG (Agricultural District) in Tulsa
County. The property to the south is zoned AG -R (Agricultural - Residential District) in
Tulsa County.
ZONING HISTORY
In May, 2004 the property was rezoned to OPUD 04 -01. The Planned Unit Development
calls for residential development in the form of single family homes and duplex homes.
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.
The Dominion Corporation has requested a variance to reduce the side yard setback
requirements of the duplex lots (lots 18 — 44) to 5' on either side; and to further reduce
the north side yard setback requirement of duplex lots 26, 27, and 44 to 3'.
OPUD 04 -01 was a planned and approved development conceptualized by the applicant,
Dominion Corporation, as a tightly knit residential development containing a mix of
single family homes and duplex units. The intention of the Planned Unit Development
was to ensure uniformity of the subdivision. The development standards adopted in the
PUD call for 5' side yard setbacks on either side of the single family housing sites and
standard setbacks for the duplex sites. The applicant was under the impression that
standard (according to the Owasso Zoning Code) side yard setback requirements for the
duplex units were 5' on either side. In fact the Owasso Zoning Code duplex side yard
requirements are 5' on one side and 10' on the other side. This minor oversight has
caused standards that will deviate from the intended outcome of uniformity throughout
the development. In order to correct this oversight the applicant is requesting a variance
from the Owasso Zoning Code to allow the duplex units a side setback requirement of 5'
for both sides applicable to all duplex lots in the development, more specifically lots 18 —
44. The variance would provide the applicant with the intended outcome of uniformity.
As construction of the subdivision has yet to commence granting of the variance would
create no unforeseen detriment to surrounding lot owners as the standard would be
applied to all within the development.
The applicant has also requested a variance for lots 26, 27, & 44 to allow for a 3' side
yard setback on the north side. The three aforementioned lots are the southern most
duplex lots in the development and are located along the periphery of the subdivision. As
such, the lots are subject to a 17.5' utility easement along the southern side yard. The
required easement will push the duplex sites to the northern section of the lots and
severely limit the lots' buildable space. Again, the applicant wishes to provide
uniformity throughout the development. As such, the applicant wishes to provide duplex
lots of equal width. In order to provide the uniformity of lot width and come close to
providing an equal duplex size the applicant is requesting an additional 2' of building
space on the north side of the lot. The additional 2' on the northern side of the lot will
further accommodate the construction of a duplex unit of compatible size to others in the
subdivision. The applicant is only requesting a 3' side yard setback in part because
according to the building code that distance is the closest a dwelling unit may come to a
lot boundary line and still have the ability to construct windows. Also according to the
building code every bedroom must be provided with a window and as these are duplexes
the applicant will need the ability to construct windows on the open side of the building
to allow for an amenable floor plan to go with units; thus the request for 3'.
Again, as the development has yet to take shape and considering that an equivalent side
yard setback standard already applies to the single family residential lots, granting the
requested variance would pose no detriment to the proposed subdivision. The variance
would allow for greater equality and uniformity throughout the subdivision.
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 -17.
Staff recommends approval of OBOA 04 -17 allowing the requested variance for 5' side
yard setbacks on either side of the duplex lots (lots 18 — 44) within the development and
allowing a 3' side yard setback on the northern side yard of lots 26, 27, and 44.
ATTACHMENTS
1. OBOA 04 -17 Variance Application
2. General Area Map
3. Proposed subdivision map
4. Public Notice
OBOA -_ f'tt.-�QI�
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.
G/r nttddh..s, moo vAPA ra/owckf -A, ifs c/rA /ty /0 /1
PROPERTY LEGAL
Name and Address of Record Owner
applicant, what is your interest in this property?
?resent Owner DAgenttfor Owner
?urchaser QOther
for Owner
Address or General Location of Su ect Property
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Name of person to be billed for publication Phone
Mailing Address
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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.
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2. There are conditions peculiar to this property which do not apply to other properties in the same zoning
district.
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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 Signature % OVA V..1 . V4%A- • 91h1
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
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Owasso Community OBOA 04 -17
Development Department
1 I Main Dominion Corporation
Owaa ssoo, , OK 7400 55
918.376.1500
918.376.1597
www.cityofowasso.com NW corner of E. 66th St. N. and N. 129th E. Ave.
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PRELIMINARY PLAT FOR
THE RE7SER VE ON ELM CREEK
EAST 88th STREET NORTH
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LOCATION MAP
TOTAL LOTS n 74
TOTAL ,ACRES 20
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LEGAL DESCWTION
A subdivislon contalnft a pert of
the East Half of the Southeast
Quarter of Section S2, Tmrnahip El
North, Range 14 East of the I.B. &H,
Tulsa County, State of Oklahoma.
DOIIRHON CORPORATION
P.0_ BOA 841
01FASSO, OKLAHOMA 74055
TEL: 918 - 875 -0970
ENCINKER:
ROGERS EMODWRING &
CONSTRUCTION INC.
RT 3 Box 100
CHEMA, OR 74016
TEL 918 - 789 -5039
SURVEYOR:
TIMOTHY L KING, RPLS
36925 S. CASE ROAD
INOLA, OIGAROyA 74058
TEL 918- 543 -1099
Vwplex Lots
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City of Owasso
Department of Community Development
111 North Main
PO Box 180
Owasso, OK 74055
NOTICE TO PROPERTY OWNER
OBOA 04 -17
(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 28th day of
September, 2004. At that time and place the Owasso Board of Adjustment will consider a
request from the Dominion Corporation for a Variance from the Owasso Zoning Code, Section
430.1 (Bulk and Area Requirements) to reduce side yard setback requirements on a portion of
property located at the northwest comer of E. 66th St. N. and N. 129th E. Ave., Owasso, OK. The
property is zoned for residential duplex use.
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 7`h day of September, 2004.
Sincerely,
uane uthbertson
City Planner
CITY OF OWASSO
COMMUNITY DEVELOPMENT DEPARTMENT
OBOA — 04 -18
STAFF REPORT
BACKGROUND
The City of Owasso has received a request from Ed Long for a Special Exception of the
Owasso Zoning Code, Section 610, Principal Uses Permitted in Commercial District, to
allow a Mini - Storage facility on property zoned CS (Commercial Shopping District) in
the City of Owasso. The applicant is proposing to develop a mini- storage facility behind
a proposed shopping center.
HEARING DATE: September 28, 2004
LOCATION
The property is located in the southeast comer of N. 137x' E. Ave. and E. 80' St. N.
More specifically, the mini- storage facility is proposed to be located on the southern 1/3
of the property behind a proposed shopping center.
EXISTING LAND USE
The property is currently undeveloped
SURROUNDING LAND USE
North: Owasso Public Schools Eighth Grade Center
South: Greens Apartments
East: Undeveloped
West: Owasso Medical Center
CS (Commercial Shopping)
SURROUNDING ZONING
North:
AG
South:
RM -1 (Residential Multi - Family)
East:
AG
West:
OM (Office Medium Density)
APPLICABLE REGULATIONS
• Owasso Zoning Code, Section 610 — Principal Uses Permitted in Commercial
Districts
• Owasso Zoning Code, Section 1480 — Special Exceptions
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 2003, the property was platted as ROC Owasso III; two lots on two blocks intended to
be developed in a commercial manner. The approved plat was never filed with the Tulsa
County Clerk's office and has expired. The property has since changed hands and the
new applicant is in the process of establishing a new plat and site plan for the
development of the property. A final plat will be reviewed by the Owasso Planning
Commission and the City Council while the site plan will be reviewed by the Planning
Commission only.
ANALYSIS
The requested mini - storages are part of the proposed Renaissance Commercial Center.
The conceptual plan calls for an 18,000 square foot shopping center on the northern 2/3
of the property and 15,400 square feet of storage space located toward the rear. The
development is planned for the southeast comer of N. 137h E. Ave. and E. 86`s St. N.
The property is zoned CS (Commercial Shopping); the commercial shopping center is
allowed by right and the mini - storages are allowed by special exception as granted by the
Owasso Board of Adjustment.
The mini- storages as proposed in this development can be considered an ancillary land
use. As you will see in the attached site plan the storage units will be located behind the
primary use of the property; the shopping center. As such the impact of the proposed
mini - storages will be minimal to the surrounding properties and to the quality of the E.
86`h St. N. corridor.
Although the proposed mini- storages should have a minimal impact from the north (or
the front) of the property they will abut the Greens Apartment complex located
immediately south (or to the rear). Special consideration should be given to the
relationship between the mini- storages and the apartment complex. The owners of the
Greens Apartment complex have put forth a genuine effort to provide a quality
landscaped environment. As the apartments are zoned residentially the applicant will be
required to install a screening fence limiting the view from the residential district.
However, staff feels that in order to improve the compatibility of the relationship between
the mini- storages and the apartment complex the applicant should provide compatible
landscaping along the rear property line abutting the apartment property. Requiring
compatible landscaping along the rear property line adjacent to the apartments would
certainly support one of the goal statements provided in the Owasso Zoning Code,
specifically section 600.1.c.5, "...encouraging a compatible relationship between
commercial facilities and other land uses..." The Owasso 2010 Land Use Master Plan
Goal Statements for Land Use and Development goes further to support the need to
establish a compatible relationship between the proposed commercial development and
existing residential by stating, in Issue #10, that there is a need to protect residential areas
from commercial encroachment by providing screening and buffering.
A closed trash receptacle should also be places within the facility to discourage littering
on site and the diffusion of such trash to adjacent properties.
If the special exception is granted the facility will be part of a detailed site -plan review
for the entire development, which will require approval by the Owasso Planning
Commission. During the site plan review issues relevant to the mini - storage's
functioning such as drainage, utility provisions, and traffic circulation will be addressed.
As with many Board of Adjustment cases, input from surrounding property owners can
play a role in the decision. Letters were mailed to all property owners within three -
hundred (300) feet of the subject property on September 7, 2004 and the request was
advertised in the Owasso Reporter. Staff has received one letter in opposition to the
request. Staff has been alerted that there may be some confusion in the legal notice. The
legal notice identifies the property in whole and may imply that the Special Exception to
allow mini- storages may apply to the entire site; meaning that mini - storages would be
allowed to front E. 86th St. N., which would in all likelihood provoke a negative response
from surrounding residents. The notice may have been better served had it stated that the
mini- storages would be positioned as shown on the attached site plan. Although the
request is to locate the mini- storage facility at the rear of the property behind the
commercial shopping center, for clarity, any motion granting the special exception should
include an elucidation that the placement of the mini - storage facility is limited to the rear
1/3 of the property behind a shopping center as illustrated in the accompanying site plan.
Staff believes that all criteria have been met relative to the special exception language in
the Owasso Zoning Code. Staff finds that by providing compatible landscaping along the
rear yard adjacent to the Greens Apartments and providing a trash receptacle in the site
the application would be consistent with the stated intent of the zoning code and will not
be injurious to the neighborhood or otherwise detrimental to the public welfare.
RECOMMENDATION
Staff recommends granting a Special Exception for OBOA- 04 -18, allowing the proposed
Mini - Storage facility on the subject property with the following conditions:
1. That the applicant provides compatible landscaping along the rear property line
adjacent to the Greens Apartment complex; at least 2" caliper trees should be
planted no more than 25' apart at center. The trees should be of a type that
reaches no less than 30' in height at maturation.
2. That a closed trash receptacle be placed on site.
3. That the placement of a mini- storage be limited to the rear portion of the property
behind a commercial shopping center as proposed in the accompanying site plan.
ATTACHMENTS
1. General Area Map.
2. OBOA -04 -18 Application.
3. Conceptual Site -Plan
4. Copy of Letters Sent to Surrounding Property Owners.
5. Response from nearby property owner.
Owasso Community
Development Department
111 N. Main St.
Owasso, OK 74055
918.376.1500
918.376.1597
www.cityofowasso.com
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The Greets Apt Is
OBOA 04 -18
Ed Long/Mini- Storage
SE C. of N. 137th E. Ave. & E. 86th St.N.
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CITY OF OWASSO
P.O. BOX 130 O WASSO, OKLAHOMA 74055 (918) 272 -2251 FAX (913) 272 -4997
SPECIAL EXCEPTION
BOARD OF ADJUSTMENT INTERPRETATION OR APPEAL
THE FOLLOWING INFORMATION TO BE SUPPLIED BY APPLICANT
ACTION REQUESTED
OSpeeial Exception— Section
Dlnterpretation of Zoning Text
Use Unit No. DInterpretation of Zoning Nfap
ClAppeai from Building Inspector DAppeal under the Provisions of Chapter 12, Section
Descrbe below the specifics of your request. Where applicable, indicate pertinent uses, distances, dimensions,
etc. Flease attach any plot plans, photographs and other factual information that will assist the Board in
determining the merits of your request.
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Name and Address of Record Owner IAddress or General Location of Subiect Pranertv
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As app'uca.nt, what is your interest in this property? Name of person to be billed for publication Phone
❑Present Owner DAgent for Owner to :,
a77 6 ,
®Purdtaser Other Mailing Address --�
[]Attorney for Owner 90v 'L F a y kS
I CERTIFY THAT THE SUHMrITED INFORMATION IS TRUE AND CORRECr I Signature
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 iNMETING DATE PRESENT USE
SUBMITTAL DATE ZONING DISTRICT
FEE RECEIPTNUMBER. I APPRr1VPn
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City of Owasso
Department of Community Development
111 North Main
PO Box 180
Owasso, OK 74055
NOTICE TO PROPERTY OWNER
OBOA 04 -18
(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 28'h day of
September, 2004. At that time and place the Owasso Board of Adjustment will consider a
request from Ed Long, applicant/owner, for a
property zoned CS (Commercial) located in the
Owasso, Oklahoma.
Special Exception, to allow Mini- Storages on
SE corner of N. 137 h E. Ave. and E. 86h 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 7th day of September, 2004.
cerely,
uane Cuthbe son
City Planner
City of Owasso
Department of Community Development
111 North Main
PO Box 180
Owasso, OK 74055
NOTICE TO PROPERTY OWNER
OBOA 04 -18
(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 28x' day of
September, 2004. At that time and place the Owasso Board of Adjustment will consider a
request from Ed Long, applicant/owner, for a Special Exception, to allow Mini- Storages on
property zoned CS (Commercial) located in the SE corner of N. 137th E. Ave. and E. 86x' 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 7u' day of September, 2004.
cerely,
uane Cuthbe son ��'
City Planner
0 M o -e� -F- h -p- mW