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HomeMy WebLinkAbout2004.11.23_Board of Adjustment AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO BOARD OF ADJUSTMENT TYPE OF MEETING: Regular DATE: November 23, 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 16th day of November, 2004. 1. Call to Order 2. Roll Call 3. 4. Duane Cuthbertson City Planner OWASSO BOARD OF ADJUSTMENT Tuesday, November 23, 2004, 6:00 PM Owasso Old Central, 109 N. Birch AGENDA Approval of Minutes from the October 26, 2004 Regular Meeting. BOARD OF ADJUSTMENT PUBLIC HEARING Unfinished OBOA 04 -19 — A request for a Variance to allow 20' front yard setbacks and 15' rear yard setbacks on proposed duplex lots in a proposed subdivision located at the northwest comer of N. 129th E. Ave. and E. 66`h St. N. 5. Other Business 6. Adjournment CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT OBOA — 04 -19 STAFF REPORT 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 front yard setback of 20' and a rear yard setback of 15' on all the duplex lots with the proposed plat for `The Reserve on Elm Creek'. This request was tabled at the October meeting due to the applicant's absence. The item will be heard at the regularly scheduled November meeting. ]HEARING DATE: November 23, 2004 LOCATION The property is located at the northwest comer of N. 129a' E. Ave. and E. 66a St. N.; more specifically the lots in the proposed subdivision identified for the variance are lots 18 — 44. A general area map and proposed subdivision layout are attached for your review. EXISTING LAND USE Undeveloped F.YiI :�:Z�riAI 17l �C! i/:�►i Miff �l The properties to the north, east, and west are utilized in an agricultural- residential manner. A church and large lot residential are located to the south of the subject property. PRESENT ZONING The property is part of OPUD 04 -01; the Planned Unit Development calls for a mixture of Single Family homes (RS -3) and Duplex homes (RD) on the property. The application is intended for the Duplex zoned lots within the development. 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. In September, 2004 the applicant was granted a Variance from the Board of Adjustment to allow reduced side yard setbacks on all of the duplex zoned lots. 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 fording 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 allow a 20' front yard setback and a 15' rear yard setback on the duplex zoned lots (lots 18 — 44) in the proposed `The Reserve on Elm Creek' addition. 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 20' front yard and 15' rear yard setbacks on the single family housing sites and setbacks per the Owasso Zoning Code for the duplex sites. The applicant was under the impression that standard (according to the Owasso Zoning Code) front yard setback requirements were 20' and rear yard setback requirements were 15' for the duplex units. In fact the Owasso Zoning Code duplex front yard requirement is 25' and 20' for the rear yard. This minor oversight has created standards for the proposed subdivision 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 front yard setback requirement of 20' and a rear yard setback of 15'. 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. Again, as the development has yet to take shape and considering that an equivalent front and rear 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 -19. RECOMMENDATION Staff recommends approval of OBOA 04 -19 allowing the requested variance for 20' front yard setbacks and 15' rear yard setbacks on the duplex lots (lots 18 — 44) within the development. ATTACHMENTS 1. General Area Map 2. OBOA 04 -19 Application 3. Proposed subdivision map 4. Public Notice IIWI (Residential DLIDIex) W • IV E. 66th S Owasso Community OBOA 04 -19 Development Department 1 Main Dominion Corporation Owasso, OK 7400 55 Y 918.376.1500 918.376.1597 www.cityofowasso.com NW corner of E. 66th St. N. and N. 129th E. Ave. Aplwrt.r 4 2004 oBOA -- I CITY OF OWASSO P.O. BOX 180OWASSO, 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 R --T o/- /2 JE /4/ 32- 21 -1e1 Name and Address of Record Owner Address or General Location of Subject Property �uM l/ /u�✓ Cc:cF ^✓�-7on/ �G n ST, !� �v �.2-i n`� /lv,(- _ As applicant, what is your interest in this property? Name of person to be billed for publication Phone QPresent Owner ❑Agent for Owner O� ivr 2 71 -u 2 > p ❑Purchaser ❑Other Mailing Address []Attorney for Owner PC,. /6/7 The Board 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. /T' /hnI_S J lw .!- PG..q Fn -2 dc✓�LE.�c 2. There are conditions peculiar to this property which do not apply to other properties in the same zoning district. .¢LC on�,Zr 2u' 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. /T 1,/4L .4 Lca.✓ AaL G. ✓iZ C.a, i%y _ 6v ir- I CERTIFY THAT THE SUBMITTED INFORMATION IS TRUE AND CORRECT I Signature �) Please submit the completed application form and application fee of $75 along with a Certified 300yRadius 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 PRELIMINARY PLAT FOR THE .RESE.RVE ON ELM CREEK EAST 88th STREET NORTH R 14E a I -- M WCATIO14 MAP TOTAL TATS 74 TOTAL ACRES 20 LEGAL DESCRIPTION m .w. A subdivision containing a part of the East EAR of the Southeast Quarter of Section $2, To ahlpp 21 North, Range 14 best of the I.R.&M. Tula& County, State of Oklahoma. , •Y! L - DOMINION CORPORATION P.O. RO% sal OAASSO, ORLAH0MA 74036 TEL'. 918- 272 -0870 SNCINRER: ROGERS ENGINEERING & CONSTRUCTION INC. RT 9 BOX 100 CHELSEA, OE 74016 TEL' 918 -789 -6030 SURVEYOR TIMOTHY L. RING, RPLS 06926 S. CASE ROAD INOLA, ONLAROMA 74030 TEL 918 - 593 —L899 Npleyt Lois ii�rr.:�aTSCr�mt �rtw&csai as��E_a:�t:x�783t ^rrT�e �a�rTC�OSamoa City of ' Owasso Department of'Community Development 111 North Main PO Box 180 Owasso, OK 7405! (918) 376.1540 FAX (918) 376.1597 ;pections: 376.1542 '.cityofowasso.com NOTICE OF A HEARING BEFORE THE BOARD OF ADJUSTMENTS OF THE CITY OF OWASSO, OKLAHOMA. Case Number OBOA 0419 Notice is hereby given that a public hearing will be held before the Owasso Board of Adjustment at Old Central, 109 North Birch, Owasso, Oklahoma at 6:00 PM on the 26th day of October, 2004. At that time and place the Owasso Board of Adjustment will consider a request from the Dominion Corporation for a VARIANCE from Owasso Zoning Code, Section 430.1 (Bulk and Area Requirements) to reduce front yard setback requirements on a portion of property located at the northwest comer of E. 66th St. N. and N. 129th E. Ave., Owasso, Tulsa County, Oklahoma. The subject property is zoned for residential duplex use. 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 11th day of October, 2004. Duane Cuthbertson City Planner