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Home My WebLink About2007.06.26_Board of Adjustment AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO BOARD OF ADJUSTMENT TYPE OF MEETING: Regular DATE: June 26, 2007 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 12:00 PM on the 18" day of June, 2007. hi cCulley OWASSO BOARD OF ADJUSTMENT Tuesday, June 26, 2007, 6:00 PM Old Central, 109 N. Birch AGENDA 1. Call to Order 2. Roll Call Approval of Minutes from the May 22, 2007 Regular Meeting. BOARD OF ADJUSTMENT PUBLIC HEARIN G 4. OBOA- 07 -11— Anstine — A request for a variance to reduce the required 5 feet side yard setback in order to accommodate a detached accessory building on a property zoned RS -3 (Residential Single Family), located at 7603 North 122 East Avenue. 5. OBOA- 07 -12— Josserand — A request for a special exception of the Owasso Zoning Code, Section 1002, Areawide Special Exception Uses, to allow for a non - permanent vendor in a commercial district on property zoned CS (Commercial Shopping Center District). The proposed use of the property is as a snow cone vendor. 6. Other Business Adjournment 1 f M : ►11 J 3 TO: BOARD OF ADJUSTMENT MY OF OWASSO FRONE CHIP MCCULLEY CM PLANNER SUBJECT: OBOA -07 -11 DATE: June 18, 2007 BACKGROUND: The City of Owasso has received an application for a variance to reduce the required 5 feet side yard setback in order to accommodate a detached accessory, located at 7603 North 122 East Avenue. A location map is attached with this memorandum. EXISTING LAND USE .Residential Subdivision PRESENT ZONING RS -3 (Residential Single Family) APPLICABLE REGULATIONS Owasso Zoning Code, Ordinance # 836. ANALYSIS: As a result of a misunderstanding between the applicant and city staff, the applicant constructed a detached accessory building approximately 3 feet off the southern property line of the subject property. After a site visit by city staff it was determined that the building had been constructed 2 feet over the required 5' side yard setback. At that time the applicant was asked by city staff to add guttering to the building to minimize the storm water runoff on his neighbor to the south. Since that time the guttering has been completed and the application for the variance was turned into the City of Owasso. The staff has evaluated the request, and finds that after adding the guttering to the building, the approval of the application will not result in any detrimental impact on the surrounding area. Ample space does exist between the building and fence for normal upkeep and lawn maintenance. RECOMMENDATION: The staff recommends approval of the OBOA 07 -11 ATTACIEWENTS: 1. Case map 2. Site drawing - - ------------ E 78 ST N Owasso Community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com bi io-ct E 76 PL N OBOA 07-11 W E 77 PL N FTFS-T- -i 'LIJ iN Z E 75 ST N ,_i MEMORANDUM TO: BOARD OF ADJUSTMENT CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER SUBJECT: OBOA -07 -12 DATE: June 18, 2007 BACKGROUND The City of Owasso has received a request from Terry Josserand for a special exception of the Owasso Zoning Code, Section 1002, Areawide Special Exception Uses, to allow for a mon- permanent vendor in a commercial district on property zoned CS (Commercial Shopping Center District). The proposed use of the property is as a snow cone vendor. LOCATION The subject property is located at 11960 East 86h Street North (Homes Unlimited parking lot) EXISTING LAND USE Retail/Office PRESENT ZONIN G CS (Commercial Shopping Center District) APPLICABLE REGULATIONS Owasso Zoning Code, Section 620 - Accessory Uses Permitted in Commercial 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 in a commercial shopping district. The proposed use of the property is as a snow cone vendor. 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 -12, for a three year period, though September 15, 2010, 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. 3. The applicant must get annual approval from the City Planner prior to locating the business on site. ATTACHMENTS 1. General Area Map. 2. OBOA -07 -12 Application. Owasso Community )evelopment Department 111 N. Main St. Owasso, OK 74055 918.376.1500 118.376.1597 anww. ci tyofowasso. corn OBOA 07 -12 VU I E CITY OF OWASSO P.O. BOY 180 OWASSO, OKLAHOMA 74055 (918) 272.2251 FAX (918) 27 1_4997 SPECIAL EXCEPTION BOARD OF ADJUSTMENT INTERPRETATION OR APPEAL THE FOLLOWING INFORMATION TO BE SUPPLIED BY APPLI vT ACTION REQUESTED [.]special Exception— Section Use Unit No. ❑Interpretation of Zoning Text []Appeal from Building Inspector ❑Interpretation of Zoning Map g P ❑Appeal under the Provisions of Chapter 12, Section Descrbe 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 deterrmning the merits of your request. PROPERTY LEGAL DESCRIPTION S,,,G , ,n P s I Name and Address of Record Owner Address or General Location of Subject Property 'IrUul — " V I. nt, what is your inteiest in this roe p property?, rty. Name of person to be billed far publication Phone Owner ❑Agent for Owner r c J t1 1 t er ❑Other Mailing Address (forOwner „r,�r „ . i ze ' W r I IlAr THE SUBMI'ITED INFORMATION IS TRUE AND CORRECr 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. OA \{FETING DATE PRESENT USE SUBMITTAL DATE ZONING DISTRICT FEE RECEIPT NUMBER APPROVED DENIED