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HomeMy WebLinkAbout2005.07.26_Board of Adjustment AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO BOARD OF ADJUSTMENT TYPE OF MEETING: DATE: TIME: PLACE: NOTICE FILED BY: IA 4 09 Regular July 26, 2005 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 19'h day of July, 2005. z ,r OWASSO BOARD OF ADJUSTMENT Tuesday, July 26, 2005, 6:00 PM Old Central, 109 N. Birch AGENDA I. Call to Order 2. Roll Call 3. Approval of Minutes from the May 24, 2005 Regular Meeting. BOARD OF ADJUSTMENT PUBLIC HEARING 4. OBOA- 05 -05-- L ndell Dunn — A request for a Special Exception of the Owasso Zoning Code, Section 1002, Area wide 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 located on the Southwest corner of E. 86fl' St. N. and N. 125`h E. Ave, in front of the Cornerstone Shopping Center OBOA- 05 -09-- Scott Realty — A request for a Variance of the Owasso Zoning Code, Section Section 630 --- Bulk and Area Requirements in Commercial Districts, Front Yard Setback Requirements, to allow for a commercial setback to be measured from the curb rather than from the right -of -way. The proposed use of the property is as a recreation center. The property is located on the southeast corner of E. 14'h St. N. and Main St, ` 4. Other Business Adjournment NOTICE OF A HEARING BEFORE THE BOARD OF ADJUSTMENT OF THE CITY OF OWASSO, OKLAHOMA. Case Number OBOA -05 -10 Notice is hereby given that a public hearing will be held before the Owasso Board of Adjustment in the Owasso Old Central Building, 109 North Birch, Owasso, Oklahoma at 6:00 PM on the 23rd day of August, 2005. At that time and place the Owasso Board of Adjustment will consider a request from Lauren Crosby for a Variance to REDUCE THE REQUIRED 25 FEET FRONT YARD SETBACK TO 15 FEET IN ORDER TO ACCOMMODATE A SINGLE FAMILY HOME on a property zoned RS -3 (Residential Single Family), located at 12603 East 91 Street North. 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, III N. Main Street, Owasso, Oklahoma, 74055, or by calling 376 -1545. Dated at Owasso, Oklahoma, this I O'h day of August, 2005. Chip McCulley City Planner .,_... % " 84 ny r i.� ie ... _. _ Ji j. 3 f t t it : .. W. r M lk NOTICE OF A HEARING BEFORE THE BOARD OF ADJUSTMENT OF TIDE CITY OF OWASSO, OKLAHOMA. Case Number OBOA -05-08 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 July 25, 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 Southwest corner of E. 86`h St. N. and N. 125` E. Ave., in front of the Cornerstone Shopping Center. 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 / asso, Oklahoma, this 5th day of July, 2005, Chip McCulley City Planner NOTICE OF A BEARING BEFORE THE BOARD OF ADJUSTMENT OF THE CITY OF OWASSO, OKLAHOMA_ Case Number OBOA -05-09 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 22nd day of February, 2005. At that time and place the Owasso Board of Adjustment will consider a request for a variance from Scott Realty to ALLOW THE BUI[LDING SETBACK TO BEGIN AT THE BACK OF THE CURB LINE to allow for the construction of a proposed commercial development on a property located on the southeast corner of E. 14th St N and Main St. 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 atvasso, Oklahoma, this 10th day of July, 2045. finp McCulley City Planner MEMORANDUM TO= BOARD OF ADJUSTMENT CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER SUBHCT: OBOA- 05-09, A REQUEST FOR A VARIANCE FROM THE FRONT YARD SETBACK REQUIREMENTS TO ALLOW FOR A COMMERCIAL. BUILDING IN A COMMERCIAL SHOPPING DISTRICT DATE: July 19, 2005 BACKGROUND The City of Owasso has received a request from Scott Reality for a Variance of the Owasso Zoning Code, Section 1002, Front Yard Setback Requirements, to allow for a commercial building setback to be measured from the curb rather than from the right -of -way. The proposed use of the property is as a recreation center. LOCATION The property is located on the southeast corner of E. le St. N. and Main St. A general area map is attached. EXISTING LAND USE Undeveloped SURROUNDING LAND USE North: Owasso School District Administration Offices South: Undeveloped East: Brookwood Apartments West: Ator Elementary PRESENT ZONING CS (Commercial Shopping Center District) 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 construction of the Owasso Recreation Center, located southeast corner of E. 86th St. N. and Main St. A site map is included with you packets. The applicant is requesting the building setback begin at the back of the curb line. At this time, there is no right -of -way that has been dedicated for 14'h Street, on the north side of the property. The applicant, as part of a proposed commercial development, has agreed to dedicate their portion of 14'h Street to be right -of -way. In return and in order to facilitate the development of the property for commercial purposes, the staff proposes to measure the development's required right -of -way from the back of the curb, rather that the edge of the future right-of-way. Staff believes that all criteria have been met relative to the variance 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 (304) feet of the subject property and the request was advertised in the Owasso Reporter. RECOMMENDATION Staff recommends approval of OBOA- 05 -09. ATTACHMENTS 1. General Area Map. 2. OBOA -05 -09 Application. 3. Copy of Legal Advertisement. ATGR HEIGHTS ELEMENTARY Owasso Community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com object 'roperty OBOA 45 -09 xe o °� �o o° �� I - -`1jI OF CVAS * ` 4.r [OBOA--96-17'R CITY OF O WASSO P.O. BOX 180 OWASSO, OKLAHOMA 74055 (918) 272 -2251 FAX (918) 272 -4997 SPECIAL EXCEPTION BOARD OF ADJUSTMENT INTERPRETATION OR APPEAL THE EOLLQWING INFORMATION 10 BE SUPPLIED BY APPLICANT ACTION REQUESTED ®Special Exception -- Section Use Unit No.____ ❑Appeal from Building Inspector ❑Interpretation of Zoning Text ❑Interpretation of Zoning Map ❑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. Lcj ,G S rws 1 A T &14 1!V SET BAG On/ T PAT rvD e ? 3"7A- 4 T PROPERTY LEGAL DESCRIPTION T)Y,- .s'e✓TN 74 F616 7- D 7'h' A ),047 - H & Y 'rz Q w�ST sYaai O iS s� A� S L _ W- D O TN §qxr 4ymeag or-see / 6/ S t12 /° ,Z I Ald;e 7'h' l 41 eA S7'' Name and Address of Record Owner ddress or General Location of Subject Property C5E !Y d f 141 ?A .e►?.Ort✓ s7"a�E�. As applicant, what is your interest in this property? Name of person to be billed for publication Phone ❑Present Owner , -❑Agent for Owner A' AJ/! l�U ni Lrs gay~ SgSt✓G ❑Purchaser ❑Other Mailing Address []Attorney for Owner 3 yd p A,o,"dR,QL �LAL&. TriLS+4� 0� 7Yll 5 I CERTIFY THAT THE SUBMITTED MORI%XTION IS TRUE AND CORRECT 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 he present at the hearing to receive approval. :FOR INTERNAL UFFICE USE BOA MEETING DATE PRESENT USE SUBMITTAL DATE ZONING DISTRICT FEE RECEIPT NUMBER APPROVED DENIED of THE 11V,6Jrtn..9 sE A.vv ~41d1,a 1 f i72�,c 5A Ldv�JTj', dw� soy d,�LAt�em�i, LESS U_I_ u f . TO: BOARD OF ADRUSTMENT CITY OF OWASSO FROM: CH" MCCULLEY CITY PLANNER SUBJECT: OBOA- 0-08, A REQUEST FOR A SPECIAL EXCEPTION TO ALLOW FOR A NON-PERMANENT VENDOR IN A COMMERCIAL SITOPPING DISTRICT DATE: July 19, 2005 BACKGROUND The City of Owasso has received a request from Lyndell Dunn for a Special Exception of the Owasso Zoning Code, Section 1002, Area wide 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 located on the Southwest corner of E. 86`" St. N_ and N. 125' E. Ave, in front of the Cornerstone Shopping Center, EXISTING LAND USE Retail Parking Lot PRESENT ZONING 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- 05 -08, 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. 4. Applicant must provide the city with a copy of their Tax I.D. number each year. ATTACHMENTS 1. General Area Map. 2, OBOA- -05 -08 Application. 3. Copy of Legal Advertisement. I Owasso Community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com E. 86th St. N. OBOA 05 -08 Coiner of 125th E Ave and 86th St N x 0 OBO:k -j`[j 1.1TY Ol' (Jw! sso P.O. BOX 130 OWASSO, OKi AHONfA 74055 (918) 2 72.22251 FAX (919) 272.4997 SPECAL EXCEPTION BOARD OF ADJUSTMENT INTERPRETATION OR APPEAL THE FOLLOWTNG INFORMATION TO BE SUPPLIED BY APPLICkNT ��,cTPON REQUESTED 22pecial Exception — Section ❑Interpretation of Zoning Text Use Unit No. ❑Interpretation of Zoning Map ❑Appeal from Building Inspector JQAppeal under the Provisions of Chapter 12, Section Descrbe below the specifics of your request. Where applicable, indicate pertinent uses, distances, dirnensions, etc. Please attach any plot plans, photographs and other factual information that will assist the Board in deter ir1ing the merits of your request. , PROPERTY LEGAL DESCRIPTION iiarn�d Address of RecX0 Owner As appucant, what is your interest in this property? OPresent Owner DA gent for Owner OP'ur6ase:r 26-her ElAttomey for Owner ° d 'Me eo or Su Name of person to be billed for publication one Mailing Address I CERTWY THAT THE SUBMrrrED INFORMATION IS TRUE RIND CORRECT i Signature Please submit the completed application form and application fee of $50 along v/th a /Certified 300' Radius Report (available from an abstract company) and other supplemental documents to the City planner on or before the fu-st clay of the month in which the request is to be heard by the Board. This is a quasi - judicial praceeding. The applicant or applicant's agent must be present at the hearing to receive approval. 1 }tI I: f I' 11� iii I f Ifl Ef� BOA MEETING DATE � PRESENT USE SUBNMAL DATE 7nNrr\rr. nro- rn- -- 1�111jjiliil