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Home My WebLink About2005.03.22_Board of Adjustment AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO BOARD OF ADJUSTMENT TYPE OF MEETING: Regular DATE: March 22, 2005 TIM: 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 4:00 PM on the 14'b day of March, 2005. 4�— ChI cCulley OWASSO BOARD OF ADJUSTMENT Tuesday, March 22, 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 4. Approval of Minutes from the February 22, 2005 Regular Meeting. BOARD OF ADJUSTMENT PUBLIC HEARING OBOA- 05-04– Darrell Scott – 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 SHOPPING DISTRICT on property zoned CS (Commercial Shopping Center District). The proposed use of the property is as a snow -cone vendor. The subject property is described as Lot 6, Block 1, ROC Owasso, and further described as Albertson's Food and Drug, 12912 E. 86's St. N., Owasso, OK. 5. Other Business 6. Adjournment ui_ u 1 ._a_511 Iu TO: BOARD OF ADJUSTMENT CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER SUBJECT: OBOA- 05-04, A REQUEST FOR A SPECIAL EXCEPTION TO ALLOW FOR A NON - PERMANENT SNOW CONE VENDOR IN A COMMERCIAL SHOPPING DISTRICT DATE: March 14, 2005 BACKGROUND The City of Owasso has received a request from Darrell Scott 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 SHOPPING 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 described as Lot 6, Block 1, ROC Owasso, and further described as Albertson's Food and Drug, 12912 E. 8e St. N., Owasso, OK. EXISTING LAND USE Retail — Supermarket Parking Lot SURROUNDING LAND USE North: Owasso High School South: The Greens at Owasso East: Retail — Shopping Center West: Retail — Shopping Center PRESENT ZONING CS (Commercial Shopping Center District) North: AG (Agriculture) South: RM (Residential Multi- Family) East: CS (Commercial Shopping Center District) West: CS (Commercial Shopping Center District) APPLICABLE REGULATIONS Owasso Zoning Code, Section 620 - Accessory Uses Permitted in Commercial Districts, Section 1002 - Areawide 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 on March 10, 2005. 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 Staff recommends approval of OBOA- 05 -04, for a ten year period, though September 15, 2014, 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 -05 -04 Application. 3. Letter from Property Owner. 4. Copy of Legal Advertisement. OWASSO HIGH SCHOOL E' o v� Owasso community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com 86th St. No PIZZA HU FA 14:14 holi OBOA 05 -04 12912 E 86TH ST N 0 A. ,l, MM 22. 2005 OBOA -C =)q CITY OF OWASSO P.O. BOX 130 OWASSO, OKLAHOitiIA 74055 (918) 2 72 -2251 FAX (913) 2724997 SPECIAL EXCEPTION BOARD OF ADJUSTtizENT INTERPRETATION OR APPEAL THE FOLLOWING INFORMATION TO BE SUPPLIED BY APPLICANT ACTION REQUESTED [SSpecial Exception— Section(` (C 0,P []Interpretation of Zoning Text Use Unit No. []Interpretation of Zoning Map EIA -rmeal from Building Inspector QAppeal 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 deterriahing the merits of your request. PROYERTY LEGAL DESCRIPTION Address of Record Owner appncant, what is your interest in this property? Present Owner QAgent for Owner Purchaser ®Other Attcmey for Owner . . __.__....._ .... Address or General Location of Subject Property of person to be far publication I CERTIFYTn.AT TEE SUBmi TED INFo&NiAT1oN ISTRUE.:VND coRRECr I Signature nfv�n ig _I _�,, _, . 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. BOA MEETINI G DATE SUBi,ZrrAL DATE FEE RECEIPT1,FUSIBER IMII I I MM !I! PRESENT USE ZONNG DISTRICT APPROVED DENIED 70 City of Owasso 111 North Main Owasso, OK 74055 Dear Sirs, Albertson's has authorized Nicholas Scott to install a Snow Cone stand on the North end of Albertson's parking lot, where it adjoins 86th street. This parking lot is just east of the 86`h & 129`h street intersection. Nicholas will be responsible for any utilities and he must keep his establishment in line with The City of Owasso's codes. He must also maintain a clean and health environment in and around his business. Albertson's shall not be responsible in any way or have any liability for accidents or theft in association with the Snow Cone stand. If at any time the management of Albertson's feels that it is not in the best interest to have the Snow Cone stand in its parking lot; Nicholas shall have the stand moved within 7 days of notification. Sincerely, Jason Allen Manager — Albertson's NOTICE OF A HEARING BEFORE THE BOARD OF ADJUSTMENT OF THE CITY OF OWASSO, OKLAHOMA. Case Number OBOA -05-04 Notice is hereby given that a public hearing will be held before the Owasso Board of Adjustment in the Old Central Building located at 109 North Birch, at 6:00 PM on March 22, 2005. The Owasso Board of Adjustment will consider a request for a Special Exception to the Owasso Zoning Code to ALLOW FOR A NON - PERMANENT SNOW CONE VENDOR IN A COMMERCIAL SHOPPING DISTRICT on a property zoned CS (Commercial Shopping Center District). The property is located on the north side of the Albertson's parking lot, 12912 E. 86`s St. N. 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 at the Community Development Department, 111 N. Main Street, Owasso, Oklahoma, 74055, or by calling 376 -1543. Dated at Owasso, Oklahoma, this 4th day of March, 2005. Chip McCulley City Planner .I