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Home My WebLink About2006.04.25_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 April 25, 2006 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 entrance to City Hall at 10:00 AM on the 10 day of April, 2006. Chip cCulley OWASSO BOARD OF ADJUSTMENT Tuesday, April 25, 2006, 6:00 PM Old Central, 109 N. Birch s_ .I9 Call to Order 2. Roll Call 3. Approval of Minutes from the March 28, 2006 Regular Meeting. BOARD OF ADJUSTMENT PUBLIC HEARING 4. OBOA- 06-02— A request for a variance to allow the reduction of 70' of the required 50' building line to 24' on property zoned CS (Commercial Shopping), located at the northwest corner of East 76h Street North and North 1296 East Avenue. 5. OBOA - 06-03— A request for a variance to allow for a non - permanent vendor on property owned by Rejoice Free Will Baptist Church, located at 13413 East 106" Street North. 6. Other Business Adjournment MEMORANDUM TO: BOARD OF ADJUSTMENT CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER SUBJECT: OBOA - 06-02, A REQUEST FOR A VARIANCE TO ALLOW THE REDUCTION OF 70' OF THE REQUIRED 50' BUILDING LINE TO 24' ON A PROPERTY ZONED CS (COMMERCIAL SHOPPING) DATE: April 13, 2006 The City of Owasso has received an application for a variance to allow the reduction of 70' of the required 50' building line to 24' on property zoned CS (Commercial Shopping), located at the northwest comer of East 76" Street North and North 129" East Avenue. A general area map is attached. EXISTING LAND USE Undeveloped North: Residential South: Residential Multi - Family East: Residential West: Residential PRESENT ZONING CS (Commercial Shopping) APPLICABLE REGULATIONS Owasso Zoning Code, Section 630 — Bulk and Area Requirements in Commercial Districts. ANALYSIS The applicant is requesting a variance from the Owasso Zoning Code Development Standards to allow for the reduction of the eastern 70' of the required 50' building line to 24' to allow for the construction of a commercial facility on property zoned CS (Commercial Shopping), located at the northwest corner of East 76" Street North and North 129'' East Avenue. As shown in the site drawing, the proposed structure is to be constructed 26' over the southeastern building line. The staff has evaluated the request, and finds that approval of the variance will not result in any detrimental impact on the surrounding area. It is the opinion of the staff that the character of the neighborhood will not be adversely affected by granting the variance. Letters were mailed to all property owners within three- hundred (300) feet of the subject property on and the request was advertised in the Owasso Reporter. RECOMMENDATION The staff recommends approval of OBOA 06-02. ATTACHMENTS 1. Case map 2. Site drawing 3. Copy of Legal Advertisement T IL --- LJ-I I L Em 760 Baptist Retirement Village Owasso Community Development Department 111 N. Main St. OBOA 06-02 Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com ,VV C.VC. J „O �,JVoVV J '0,09 3�b iSVI H16Z L H1('JON 06Z 'Od b8Z9 'Ne Onend 3Hl Ol NOUVOt030 30 0330 is ,00'LZ L 1N3W3SV3 ),iniin ;9'LL Z a iws3 Kiln ,u ,00791 `NI ,OO ZOZ M ,99,90.00 N .._..._..__._ ........ . ....................... w z .._.. J z 0 _J c m O O O v O 0) � ¢ O o� N O SO W _ m m O: C) w Ln tvd 00 bi 00 m V LO n F z 0 Z = 00 w H z w � � O w a w s w } F � J o � Z a iws3 Kiln ,u ,00791 `NI ,OO ZOZ M ,99,90.00 N NOTICE OF A HEARING BEFORE THE BOARD OF ADJUSTMENT OF THE CITY OF OWASSO, OKLAHOMA- Case Number OBOA -06-02 Notice is hereby given that a public hearing wiH 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 April, 2006. At that time and place the Owasso Board of Adjustment will consider a request for a variance to ALLOW TBE REDUCTION OF 70' OF THE REQUIRED 50' BUILDING LINE TO 24' on a property zoned CS (Commercial Shopping), located on the northwest comer of E. 76's St. N. and N. 129" E. Ave. 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 4th day of April, 2006. Chip McCulley City Planner MEMORANDUM TO: BOARD OF ADJUSTMENT CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER SUBJECT: OBOA- 06 -03, A REQUEST FOR A SPECIAL EXCEPTION TO ALLOW FOR A NON - PERMANENT VENDOR IN AN OFFICE MEDIUM DENSITY ZONING DISTRICT DATE: April 17, 2006 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 FOR A NON - PERMANENT VENDOR IN AN OFFICE MEDIUM DENSITY ZONING DISTRICT on property zoned OM (Office Medium Density Zoning District). The proposed use of the property is as a farmers' market. LOCATION The farmers' market will operate at First Freewill Baptist Church located at the northwest corner of East 10611 Street North and the Owasso Expressway. PRESENT ZONING OM (Office Medium Density) 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 on a property owned by First Freewill Baptist Church. The proposed use of the property is as a farmer's market proposing to operate on Saturday mornings 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 RECONMENDATION Staff recommends approval of OBOA 06 -03, for a ten year period, 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 business on site. ATTACHMENTS 1. General Area Map. 2. OBOA 06 -03 Application. 3. Copy of Legal Advertisement. City Planner prior to locating the E CITY OF OWASSO P.O. BOX ISO OWASSO, OKLAHOMA 74055 (918) 272 -2251 FAX (918) 272 -4997 SPECIAL EXCEPTION BOARD OF ADJUSTMENT INTERPRETATION OR APPEAL THE FOLLOWING INFORMATION TO BE SUPPLIED BY APPLIC vT ACS DN REQUESTED Special Exception— Section []Interpretation of Zoning Text Use Unit No. DInterpretation of Zoning Map Appeal from Building Inspector ElAppeal 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 detgrrmninR the merits of vour reauest_ PROPERTY LEGAL Name mci ddress of Record Owner Address or General Location of Subject Property Jcec4�. i3vi3F..os :45.N. Ovrs� oV.7vosS i?;eG Efu� /3yi3E. o�kYN. pws�v,oe �yoss- As applicant, what is your interest in this property? Name oFp��ejrs/on t�on be billed For public Phone QPresmt Owner DA gent for Owner `T -'vrr F,S n,D 9�P -65y- i4� fr 0Purdtaser they Mailing Address DAttoeney for Owner , 0 , > I c .,A� n O I CERTWYTHAT THE SUBMITTED INFORMATION IS TRUE AND CORRECT I Signature Pleasesubmit 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 I�METING DATE I PRESENT USE SUBIN917AL DATE_ ZONING DISTRICT FEE RECEIPTNUMBER APPROVED DENIED NOTICE OF A HEARING BEFORE THE BOARD OF ADJUSTMENT OF THE CITY OF OWASSO, OKLAHOMA. Case Number OBOA -06-09 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 the 25m day of April, 2006. The Owasso Board of Adjustment will consider a request for a Special Exception to the Owasso Zoning Code to ALLOW FOR A NON- PERMANENT VENDOR ON PROPERTY OWNED BY REJOICE FREE WILL BAPTIST CHURCH. The property is located at 13413 E. 106' St. N. The proposed Special Exception will allow for a farmers market to operate on Saturdays, May to October 8:00 am to 12:00 pm. 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 6th day of April, 2006. Chip McCulley City Planner