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HomeMy WebLinkAbout2007.02.27_Board of Adjustment AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO BOARD OF ADJUSTMENT TYPE OF MEETING: DATE: TIME: PLACE: NOTICE FILED BY: TITLE: Regular February 27, 2007 6:00 PM Old Central, 109 North Birch Chip McCulley City Planner Filed in the office of the Owasso City Clerk and posted at the north rance to City Hall at 3:00 PM on the 22 "d day of February, 2007. Chip McCulley OWASSO BOARD OF ADJUSTMENT Tuesday, February 27, 2007, 6:00 PM Old Central, 109 N. Birch AGENDA Call to Order 2. Roll Call 3. Approval of Minutes from the January 23, 2007 Regular Meeting. BOARD OF ADJUSTMENT PUBLIC HEARING 4. OBOA- 06 -11— Rejoice Church — A request for a variance to allow for a free - standing pole sign to be located at 13413 East 10e Street North, with a proposed height of 30 feet, and an area of 672 sq. ft. on property zoned OM (Office Medium). This item has been requested by the applicant to be reheard by the board, due to only 3 members present at the November 28, 2006 meeting. OBOA -07 -01 — Farmer's Market — A request for a special exception to allow a non- permanent vendor (farmer's market) to sell produce at the YMCA south parking lot on Wednesday mornings May through October. 6. OBOA -07 -02 — Circus — A request for a temporary special exception to allow a circus to locate at the Owasso Sportspark for two days on April 26 and April 27, 2007, 7. OBOA -07 -03 — Group Blakslev — A request for a special exception to allow a commercial restaurant use in an industrial zoning district, located north of E 76th St. N., '/� mile west of Main St., 403 W. 2 "d Ave. 8. Other Business 9. Adjournment MEMORANDUM TO: BOARD OF ADJUSTMENT CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER SUBJECT: OBOA - 06-11, A REQUEST FOR A VARIANCE TO ALLOW FOR A FREE- STANDING POLE SIGN WITH A PROPOSED HEIGHT OF 30 FEET AND AN AREA OF 642 SQUARE FEET. DATE: February 16, 2007 BACKGROUND The City of Owasso has received a request for a rehearing of an application for a variance to allow for a free - standing pole sign to be located at 13413 East 106'' Street North, with a proposed height of 30 feet, and an area of 672 sq. ft. This item was originally heard at the November 3, 2006 regular meeting. A general area map is attached. EXISTING LAND USE First Freewill Church/Rejoice Christian School SURROUNDING LAND USE North: Developing Commercial South: Residential East: Owasso Expressway West: Undeveloped Commercial Potential PRESENT ZONIN G OM -Office Medium District APPLICABLE REGULATIONS Owasso Sign Code, Section 17.8.2 (Sign Matrices Conditions — All Zoning Districts). ANALYSIS The applicant is requesting a variance to allow for a free - standing pole sign to be located at 13413 East 106'h Street North, with a proposed height of 30 feet, and an area of 672 sq. ft. As shown in the exhibit provided by the applicant the height of the sign does fall with in the City of Owasso's guidelines for pole height. However, the sign face exceeds the maximum square footage allowed by code (150 sq. ft.) by 522 sq. ft. The Board of Adjustment, upon application, and after notice and public hearing, may grant variances from the terms of the Owasso Zoning Code only upon a finding: 1. That the variance is necessary due to extraordinary or peculiar circumstances related to the size, shape, topography, or location of the subject property. 2. That the extraordinary or exceptional conditions of the subject property are not a direct result of the actions of the applicant. 3. That the variance as granted represents the least deviation from the prescribed regulations necessary to accomplish the purpose for which the variance is sought and which is consistent with stated intent of this Code. 4. That the granting of the variance shall result in greater convenience to the public in identifying the business location for which a sigh code variance is sought. 5. That the granting of the variance will not be detrimental to public welfare will not constitute a public nuisance or adversely affect public safety. 6. That the granting of the variance will not interfere with the location and identification of adjacent businesses, buildings or activities. 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 purpose of the City of Owasso sign code is to provide for the appropriate use and location of signs in a manner that will not adversely affect or impact property values, compatibility of land use, community appearance and identity, and to otherwise promote the general welfare, public safety, convenience and order to the City of Owasso. Staff believes the variance is not necessary due to extraordinary or peculiar circumstances related to the location of the subject property. Visibility of the site from its adjacent roadways is not hindered as the site is adjacent to Highway 169 with good visibility. The variance requested represents a great deviation (522 sq. ft.) from the prescribed regulations necessary to accomplish the purpose for which the variance is sought to deliver. This item has been requested by the applicant to be reheard by the board, due to only 3 members present at the November 28, 2006 meeting. At that meeting the application was denied by the board by a 2 -1 vote. Letters were again mailed to all property owners within three - hundred (300) feet of the subject property on and the request was advertised in the Owasso Reporter. To this date the staff has not received any comments concerning the request, though one citizen protested the application at the November hearing. RECOMMENDATION The staff does not recommend approval of OBOA 06 -11. ATTACHNMNTS 1. Case map 2. Site drawings Owasso Community Development Department 111 N. Main St. Owasso, OK74055 918.376.1500 918.376.1597 ww.cityofowasso.com OBOA 06 -11 N E § U© / ƒ , k�U� }/00 } I ( |! \� k RE � / \ § U© / ƒ , k�U� } I ( |! MEMORANDUM TO: BOARD OF ADJUSTMENT CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER SUBJECT: OBOA- 07 -01, A REQUEST FOR A SPECIAL EXCEPTION TO ALLOW FOR A NON - PERMANENT VENDOR IN AN AGRICULTURIAL ZONING DISTRICT DATE: February 16, 2007 BACKGROUND The City of Owasso has received a request from Mr. Tim Riherd for a Special Exception of the Owasso Zoning Code, Section 1002, Area wide Special Exception Uses, to allow a non- permanent vendor (farmer's market) to sell produce at the YMCA south parking lot on Wednesday mornings May through October. PRESENT ZONING AG (Agriculture District) APPLICABLE REGULATIONS Owasso Zoning Code, Section 310 - Uses Permitted in Agricultural Districts, Section 1002 — Area wide Special Exception Uses and Section(s) 1400 through 1490 - Board of Adjustment. ANALYSIS 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. The applicant is requesting a special exception from the Owasso Zoning Code to allow for a non- permanent vendor on a property owned by the Owasso YMCA. The proposed use of the property is as a farmer's market proposing to operate on Wednesday momings between May and October. A site map is included with your packets. 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 and the request was advertised in the Owasso Reporter. Issues that should be addressed by this Board are related to signage, trash receptacles and the length of time that the use of the property is allowed. Staff would recommend that all signage for the use must be approved by City staff and that on -site trash receptacles must be provided by the applicant RECOMMENDATION Staff recommends approval of OBOA 07 -01, subject to following conditions: 1. All signage be reviewed by the City Staff to ensure the strict adherence to the Owasso Sign Code. 2. The applicant must provide on -site trash receptacles. ATTACEMENTS 1. General Area Map. 2. Site Drawing P RAYOLA PARK E 4 3 Owasso Community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 rWw. cityofbwassoxom J W OBOA 07 -01 E83STN I 1 E81 ST CA } } JQ) MEMORANDUM TO: BOARD OF ADJUSTMENT CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER SUBJECT: OBOA- 07 -02, A REQUEST FOR A TEMPORARY SPECIAL EXCEPTION TO ALLOW A CIRCUS TO LOCATE AT THE OWASSO SPORTSPARK APRIL 26 & 27, 2007 DATE: February 16, 2007 The City of Owasso has received a request from the Owasso Rotary for a Special Exception of the Owasso Zoning Code, Section 1002, Area wide Special Exception Uses, for a circus to locate at the Owasso Sportspark for two days on April 26 and April 27, 2007. PRESENT ZONING AG (Agriculture District) APPLICABLE REGULATIONS Owasso Zoning Code, Section 310 - Uses Permitted in Agricultural Districts, Section 1002 — Area wide Special Exception Uses and Section(s) 1400 through 1490 - Board of Adjustment. ANALYSIS 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. The applicant is requesting a temporary special exception from the Owasso Zoning Code circus to locate at the Owasso Sportspark for two days on April 26 and April 27, 2007. A site map is included with your packets. Issues that should be addressed by this Board are related to signage, and trash receptacles. Staff would recommend that all signage for the use must be approved by City staff and that on -site trash receptacles must be provided by the applicant. 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 and the request was advertised in the Owasso Reporter. RECOMMENDATION Staff recommends approval of OBOA 07 -02. ATTACHMENTS 1. General Area Map. 2. Site Drawing E 116 ST N Owasso Community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 ,vw.cityofowasso.com Subject Property MJ y�PS QPQ� 0 OBOA 07 -02 Vial 116 ST N MEMORANDUM TO: BOARD OF ADJUSTMENT CITY OF OWASSO DWI t SUBJECT: OBOA- 07 -03, A REQUEST FOR A SPECIAL EXCEPTION TO ALLOW A COMMERCIAL RESTURANT TO BE LOCATED IN AN INDUSTRIAL ZONING DISTRICT. DATE: February 16, 2007 BACKGROUND The City of Owasso has received a request from Group Blaskley for a Special Exception of the Owasso Zoning Code, Section 710, Principle uses permitted in Industrial districts, to allow a commercial restaurant to be located in an industrial zoning district. LOCATION The subject property is located north of E 76U' St. N., '/� mile west of Main St., at 403 W. 2°d Ave. EXISTING LAND USE Developing as Group Blaskley Center PRESENT ZONIN G IL (Industrial Zoning District) SURROUNDING ZONIN G North: IL (Industrial Zoning District) South: IL (Industrial Zoning District) East: IL (Industrial Zoning District) West: AG (Agriculture) APPLICABLE REGULATIONS Owasso Zoning Code, Section 710 — Principle uses permitted in commercial districts, Table 1 - Board of Adjustment. ANALYSIS 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. The applicant is requesting a special exception from the Owasso Zoning Code to allow a commercial restaurant to be located in an industrial zoning district. City staff feels that the subject property has commercial potential and has met with the owner /developer about the possibility of rezoning the property as such. However due to time constraints and contracts it is the applicants wish to go forward with the Special Exception with the possibility of a rezoning in the future. The project is currently under construction with an approved site plan and a building permit. 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 detrimental to the public welfare. All property owners within three - hundred (300) feet of the subject property were notified and the request was advertised in the Owasso Reporter. RECOMMENDATION Staff recommends approval of OBOA- 07 -03. ATTACHMENTS 1. General Area Map. 2. Site Plan. E. Owasso community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 iww. cityofowasso. com Subject Proper 6TH S :C 9� �s .N oZ 04 OBOA 07 -03 N. 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