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HomeMy WebLinkAbout2005.01.25_Board of Adjustment AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO BOARD OF ADJUSTMENT TYPE OF MEETING: Regular DATE: January 25, 2005 TIME: 6:00 PM PLACE: Old Central, 109 North Birch NOTICE FILED BY: Chip McCulley TITLE: City Planner Filed in the office of the Owasso City Clerk and posted at the north entrance to City Hall at 3:00 PM on the 18fl' day of January, 2005. , Af, OWASSO BOARD OF ADJUSTMENT Tuesday, January 25, 2005, 6:00 PM Old Central, 109 N. Birch AGENDA Call to Order 2. Roll Call Approval of Minutes from the November 23, 2004 Regular Meeting. BOARD OF ADJUSTMENT PUBLIC HEARING 4. OBOA - 04-20— Richard Kramer — A request for a Special Exception to allow for the placement of a separate structure to be used as a pool house, when the total square footage of out buildings in the rear yard will exceed 750 square feet. The property is located at 708 North Carlsbad in an RS -3 (Residential Single - Family) zoning district. OBOA -05 -01 - Home of Hope — A request for a Special Exception to allow a three bedroom residence to be occupied by more than two persons who are not related to each other on a property zoned RS -3 (Single Family Residential), located at 12204 E. 80" PL. N. 6. Other Business 7. Adjournment 1I1 1L 1 ' i TO: BOARD OF ADJUSTMENT CITY OF OWASSO FROM: ERIC WH.ES COND4UNITY DEVELOPMENT DIRECTOR SUBJECT: OBOA - 05-01, A REQUEST FOR A SPECIAL EXCEPTION A ROOMING/BOARDING HOUSE IN AN RS-3 ZONING DISTRICT DATE: January 14, 2005 BACKGROUND: The staff has received an application from Home of Hope, a non -profit organization, for a Special Exception to allow a three bedroom residence to be occupied by more than two persons who are not related to each other on a property zoned RS -3 (Single Family Residential), located at 12204 E. 8dh PL. N. A location map is attached with this memorandum. PROPERTY CHARACTERISTICS: The property is located at 12204 East 80' Place North, 115' east of North 122`' East Avenue. The legal description of the property is Lot 4, Block 1, Double Oaks 11. The lot is 68' wide and 137' deep. The property is currently zoned RS -3 and is undeveloped. The subject site is bordered by single- family houses on all sides. ANALYSIS: The subject property is undeveloped. The applicant proposes to build a 1,941 sq f, 3- bedroom home on the site. The application requests a special exception to the Owasso Zoning Code, Sections 420.1 and 420.26, in order to be able to use the property as a residence for more than two unrelated persons. In fact, the applicable section of the zoning code is 420.2(c). That section reads as follows: c. Roomers and Boarders In a dwelling unit occupied as a private residence, one or more rooms may be rented or table bo "'d furnished, to not more than: (a) two persons who are non - members of the family occupying saide premises as a permitted accessory use, or, (b) more than two persons by special exception requiring Board of Adjustment approval. However, in either case, no window display or sign board shall be used to advertise such use. The staff finds that the occupancy of a residential structure at 12204 East 8001 Place North by more than two non - related persons as proposed by the application constitutes a rooming/boarding house that is regulated by zoning code section 420.2(c). Under zoning code section 1008, rooming/boarding houses are included and allowed in use unit 8 Multi - Family Dwelling and Similar Uses. Multi-faznily uses are allowed by right in RM (Residential Multi - Family) districts. The lot at 12204 East 800' Place North is zoned RS (Residential Single Family), as is all property surrounding the subject site. The site is located within the Double Oaks II subdivision. The expressed intention of the developers of Double Oaks II is found on the platted certificate of dedication for that subdivision, in Section 2.A.1.: A Use ofLand 1. All lots shall be known and described as residential lots and shall be used for single - family residence only OWASSO MASTER PLAN: According to the Owasso 2015 master plan, single - family residential land use represents the predominant character of development in Owasso. This designation is principally used for areas of typical residential subdivision development and is the base level recommended for the urbanized area of Owasso. Double Oaks H is an example of this type of development, and is designated by the master plan for single -family residential use. Rooming/boarding houses and other multi - family uses are included by the master plan within the transitional land use category. This category includes those land uses that are appropriate to be situated as a buffer between strictly single- family residential developments to strictly non- residential development. As such, the primary uses for transitional areas are higher density residential uses and lower density employment uses. Specifically, the principal uses in this classification would be multi - family (duplexes, townhouses, and apartments), neighborhood offices, and planned office parks. This planned system of land use arrangement has served Owasso's growth by providing a variety of housing options at multiple locations throughout the community. FINDINGS: The staff finds that the proposed special exception is, at its base, a request to allow a multi - family use in the midst of several single - family developments, including Double Oaks (I through IV), Elm Creek Estates, and Broadmoor Heights. All of these residential additions were developed for single - family purposes and are used for single - family purposes. The developments were not designed to accommodate multi - family uses. Further, the staff finds that a variety of areas within Owasso are planned for multi - family uses and some of these are already zoned for such uses. RECOMMENDATION: The staff does not recommend approval of the OBOA 05 -01. ATTACHMENTS: 1. Case map 2. Front elevation drawing of proposed structure 3. Site plan of proposed structure 4. Floor plan of proposed structure 5. Public notice 6. Map showing radius of public notice 7. Application 8. Additional information submitted with application E 82 ST N ■ ej HMWWJ®Mmmm CT N Owasso Community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com P IN " 10 A ; I OEM A rliwWiiiiN OBOA 05 -01 12204 E. 80th PL. N. DOUBLE OAKS H W E 79 N F UMY 7. mae < 9� V�—Z—eo.N,c�;r i z I O I I I I I I } I I I I 141 I I O U- 0 4 U m EX ELI METER EX 6' PRIVACY FENCE 8" SAN SEW ESS 0' EG EMH N a ES _O 01 II' U/E EXISTING WI PPE Coble,e8de3�f�N SEW I m\ I T I W I Icn 101 inn ti Y Telephone Pedestal N N ll.l �EMH EX 6 PRIVACY FENCE 100.33 25' BL .:...: ,.:.:..., ..: 100.33 101 1 I" WATER :' m 5" CONC DRIVE '' WATER 100 ' ° ' q' CONC WALK METER S9OaOO' 0 "E ,bS:O�'., EW EW EXISTING 8" WATER MAIN CONC APPROACH AND 8" DIA CGMP WALK PER OWASSO STDS E. 80 T H FL N. SITE PLAN: SITE 3 vnNORTH CIO2 SCALE: I" = 20' -0" ADDRESS: 12209 E8Oth PL N, OWASSO ewn,77 -A Py. LEGAL DESCRIPTION: LOT 9, BLK I DOUBLE OAKS 11, 529. TAN. RISE. TULSA CO. OK f ' HOME OF HOPE INCA �,� brown &brown architecture RESIDENCES l7.@ 01&787.x01 (m.) .- A WmdbNxn.L..t i} Bennis 1 brown; architect IennIta I brown; -�>WA57T A . r9 NOTICE OF A HEARING BEFORE THE BOARD OF ADJUSTMENT OF THE CITY OF OWASSO, OKLAHOMA Case Number OBOA -05-01 Notice is hereby given that a public hearing will be held before the Owasso Board of Adjustment in the Owasso Old Central, 109 North Birch, Owasso, Oklahoma at 6:00 PM on the 25th day of January, 2005. At that time and place the Owasso Board of Adjustment will consider a request for special exception from Home of Hope, a non- profit organization for a Special Exception to ALLOW A STRUCTURE ON PROPERTY ZONED FOR SINGLE - FAMILY USE TO BE OCCUPIED BY MORE THAN TWO UNRELATED PEOPLE. The property, zoned RS -3 (Single Family Residential), is located at 12204 E. 8& PL. N in the Double Oaks II subdivision. 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 -1543. Dated at Owasso, Oklahoma, this 6th day of January, 2005. Chip McCulley City Planner OBOA -_ (),5- (7 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 147"5-1 4 2.4p ❑Interpretation of Zoning Text Use Unit No. ❑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, etc. Please attach any plot plans, photographs and other factual information that will assist the Board in determining the merits of your request. 5 rn A7-,rA- G &&o A—) 7- PROPERTY LEGAL As applicant, what is ❑Present Owner Owner in this pioperty? It for Owner or to be billed for publication Phone ,Q?)10w 1,i n, 2sr., '782.4 ❑Attorney for Owner D $Ok aJ U3 U W17A 3 I CERTIFY THAT THE SUBMITTED INFORMATION IS TRUE AND CORRECT I Signature 4b6l)PWf `� Please submit the completed application form and application fee of $50 along with nitertified 300' Radium (available from an abstract company) and other supplemental documents to the I anner 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. To 13 a Su-Sklft -a By �6'" �? BOA MEETING DATE I PRESENT USE SUBMITTAL DATE ZONING DISTRICT FEE RECEIPT NUMBER APPROVED DENIED Home of Hope: Kesictentiai Jervices LON Back HomeP a Ema il Us Us Our Residential Services Email rage i of.) "The strongest principle of growth lies in the human choice." - George Eliot We support people in their own homes, in apartment settings, in group homes, and small ICF -MR (Intermediate Care Facilities for the Mentally Retarded) Facilities. In discussing residential services its important to know our values such as: • We believe that families should stay in tact, whenever possible. • We believe that people grow by making decisions and learning to live with the consequences of their decisions. • We believe that, to the greatest extent possible, people should choose where and with whom they live. • We believe in persons should strive to reach the limits of their personal independence. http:// www.homeofhope.com/resident.htm 1/3/2005 Home of Hope: xesrdenrial Services Brief descriptions of our residential supports: ragc I vi a 1. "In Home" supports - providing staffing and other supports to maintain persons in their natural homes. While the support is given in the home, staff also accompany individuals into the larger community, when indicated. 2. "Supported Living" supports- Apartment or Home living. Generally 1 to 2 persons living in a home or apartment with support staff as needed. This type of service is only available to individual classmembers of the Hissom vs. Homeward Bound lawsuit. 3. "Group Home" supports- Congregate living for persons with a high degree of independence. This arrangement is appropriate for persons who can arrange their own transportation, prepare their own meals, complete their own housekeeping tasks etc. 4. "ICF -MR" Facility support- Congregate living. At HOH there is one(1) 16 person facility and eleven (11) 6 bed facilities. Commonly, this type of care is thought of as appropriate for persons with lower degrees of independence. Persons in this type arrangement are experiencing skills like: meal preparation, personal laundry skills, etc . http:// www.homeofhope.com/resident.htm 1/3/2005 61 brown & brown architecture • interior design 21 west 3rd grove, oklahoma 74344 918. 787.2481 (voice) email: bandb @gcinet.net 918.787.2483 (fax) OWASSO BOARD OF ADJUSTMENT Request for Special Exception. Zoning code Sections 420.1 and 420.26 prohibit the rental of rooms in a single - family residence to more than two persons who are not of the same family. Requested permissible use: Allow a three bedroom residence to be occupied by 3 developmentally disabled persons who are not related to each other. The Home: (see exhibit A) The proposed structure is a typical 3- bedroom home with 2 -car garage. It is a full- brick, frame structure with composition roof. It's appearance is such that it will blend in with the other homes in the area. This is an attractive home that will add to the neighborhood, not detract from it. 2 The Owner: (see exhibit B) Home of Hope, of Vinita Oklahoma, is a non - profit 501c3 organization dedicated to providing support and services to individuals with developmental disabilities by promoting choices, independence and a meaningful way of life. This residence will provide a high quality home for three persons who are developmentally disabled, but still capable of living independently. 3 Legal Precedence: Oklahoma law establishes that homes such as this must be considered as a permissible use in a residential district. Please refer to the "Oklahoma Community Residential Living For Persons With Developmental Or Physical Disabilities Act" (60 0. S. 860) excerpted below: Section 862(5) defines "group home" as a community based residential facility located in a single- family zoning area that admits not more than six persons with developmental or physical disabilities. (This home limits that number to three) Section 826(6) defines "permissible use" as a use by right which is authorized in all residential zoning districts. Section 863 provides that such a group home shall be treated as a "permitted use" in all residential zones or districts and includes all single - family residential districts of all political subdivisions of the state. Oklahoma law also prohibits discriminatory housing practices as described in Title 25, Oklahoma Statutes, Section 1452. The prohibition applies to "any person, or any agent or any employee of such person" and is defined to include political subdivisions such as cities. For purposes of "handicap discrimination in housing" prohibited discrimination includes: A refusal to make reasonable accommodations in rules, policies, practices, or services when the accommodations may be necessary to afford the person equal opportunity to use and enjoy a dwelling. Exhibits A and B follow this page. January 21, 2005 To: Board of Adjustments City Of Owasso Subject Property: 11410 N 131 E. Ave. Lot 16 Blk 1 Garrett Creek Estates Gentlemen: After building over 160 plus homes in Owasso in the past fourteen years, for the first time I've encroached over a building line on the above referenced lot in Garrett Creek. As a hands on builder, always there during the layout of my homes, I missed the center pin on a radius and went over on one corner of the garage. My home still sits back further than the one occupied to the south due to the radius, so it doesn't look out of the place. I have always been very careful in the past not to encroach on any easement or building line but unfortunately I take the blame for this mistake and promise to be extremely concious in the future to assure this problem won't happen again. I ask the board to help me clear this problem and I appreciate all the effort and time extended to make this happen. Sincerely, Ronnie Chaloupek R.C. Construction Co., Inc.