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HomeMy WebLinkAbout2005.09.27_Board of Adjustment AgendaPUBLIC NOTICE OF THE MEETING OF THE O'WASSO BOARD OF ADJUSTMENT TYPE OF MEETING: DATE: 11AH: PLACE: NOTICE FILED BY: TITLE: Regular September 27, 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 September, 2005. ChirM),6Culley OWASSO BOARD OF ADJUSTMENT Tuesday, September 27, 2005, 6:00 PM Old Central, 109 N. Birch AGENDA 1. Cali to Order 2. Roll Call 3. Approval of Minutes from the August 23, 2005 Regular Meeting. BOARD OF ADJUSTMENT PUBLIC HEARING 4. OBOA -05-11— KeHogg En ineerin — A request from Kellogg Engineering for a "Variance to reduce the required side yard setback to 5 feet in order to accommodate single family homes on 87 acres zoned RS -2 (Residential Single Family) in the general vicinity of the Southwest comer of Mingo and 96" Street North. s. OBOA - 05-12— Under the Sun Garden Center — A request from Under the Sun Garden Center for a special exception to allow for a non - permanent vendor (Flower Gardening Tent) in a commercial shopping district in the Reasor's parking lot located at 11815 E. 8e St. N. 6. Other Business 7. Adjournment NOTICE OF A HEARING BEFORE THE BOARD OF ADJUSTMENT OF THE CITY OF OWASSO, OKLAHOMA. Case Number OBOA -05 -11 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 27th day of September, 2005. At that time and place the Owasso Board of Adjustment will consider a request from Kellogg Engineering for a Variance to REDUCE THE REQUIRED SIDE YARD SETBACK TO 5 FEET IN ORDER TO ACCOMMODATE SINGLE FAMILY HOMES on a property zoned RS -2 (Residential Single Family) in the general vicinity of the Southwest corner of Mingo and 96`x` 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, 111 N. Main Street, Owasso, Oklahoma, 74055, or by calling 376 -1540. Dated at Owasso, Oklahoma, this 14°i day of September, 2005. Chip McCulley City Planner City of Owasso Department of Community Development 111 North Main PO Box 180 Owasso, OK 74055 (918) 376.1540 FAX (918) 376.1597 Inspections: 376.1542 www.cityofowasso.com NOTICE OF A HEARING BEFORE THE BOARD OF ADJUSTMENTS OF THE CITY OF OWASSO, OKLAHOMA. Case Number OBOA 05 -12 Notice is hereby given that a public hearing will be held before the Owasso Board of Adjustment in Old Central, 109 North Birch, Owasso, Oklahoma at 6.00.PM on the 27`h day of September, 2005. At that time and place the Owasso Board of Adjustment will consider a request from Under the Sun Garden Center, Inc. for a SPECIAL EXCEPTION TO ALLOW FOR A NON - PERMANENT VENDOR (Flower Gardening Tent) IN A COMMERCIAL SHOPPING DISTRICT in the Reasor's parking lot located at 11815 E. 86`h St. N. Owasso, Tulsa County, Oklahoma. All persons interested in the above mentioned matter are hereby notified to he present at the above mentioned time and place in order to present their arguments for or against same. If you are unable to attend this meeting, please forward any comments you may have in writing to the Owasso Community Development Department, P 0 Box 180, Owasso, OK 74055. These comments will be presented to the Board of Adjustment members at the scheduled public hearing by the Community Development Staff. 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 -1500. Dated at Owasso, Oklahoma, this 16 T" day of September, 2005. �ckx"� ck - Marsha Hensley Assistant City Planner E � k TO: BOARD OF ADJUSTMENT CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER SUBJECT: OBOA- 05-11, A REQUEST FOR A VARIANCE TO REDUCE THE REQUIRED SIDEYARD YARD SETBACK TO 5 FEET IN ORDER TO ACCOMMODATE A SINGLE FAMILY HOMES ON A PROPERTY ZONED RS-2 (RESIDENTIL SINGLE - FAMILY) DATE: September 19, 2005 BACKGROUND The City of Owasso has received a request from Kellogg Engineering for a Variance to reduce the required side yard setback to 5 feet in order to accommodate single family homes on a property zoned RS -2 (Residential Single Family) in the general vicinity of the Southwest comer of Mingo and 9e Street North. LOCATION The property is located in on the Southwest corner of Mingo and 96'h Street North. A general area map is attached. EXISTING LAND USE Undeveloped SURROUNDING LAND USE North: Residential (New Brunswick) South: Large Lot Residential East: Residential (Fairways) West: Agriculture/Large lot Residential PRESENT ZONING RS -2 (Residential Single- Family) APPLICABLE REGULATIONS Owasso Zoning Code, Section 630 — Bulk and Area Requirements in Residential Districts, ANALYSIS The applicant is requesting a variance from the Owasso Zoning Code Development Standards to allow for the development of the Bailey Range Subdivision, located on the Southwest comer of lingo and 9e Street North. A site map is included with you packets. The applicant is requesting a variance to reduce the required side yard setback to 5 feet in order to accommodate single family homes on a property zoned RS -2 (Residential Single Family). The minimum lot width for RS -2 zoning is 75 feet. The developer is requesting the variance to allow for larger homes on the lots. The applicant is proposing a minimum square footage for each dwelling to be 1,800 square feet 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 (300) feet of the subject property and the request was advertised in the Owasso Reporter. RECOMMENDATION Staff recommends approval of OBOA- 05 -11. ATTACHMENTS 1. General Area Map. 2. Copy of Legal Advertisement. Sub, ed Proper IFam 47 VL91 %7 0 • IM FAIRWAYS IV Owasso Community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com FAIRWAYS V OBOA U5 -11 r' MEMORANDUM TO: BOARD OF ADJUSTMENT CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER SUBJECT: OBOA- 05 -12, A REQUEST FOR A SPECIAL EXCEPTION TO ALLOW FOR A NON - PERMANENT VENDOR IN A COMMERCIAL SHOPPING DISTRICT DATE: September 20, 2005 BACKGROUND The City of Owasso has received a request from Under the Sun Garden Center 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 gardening tent. LOCATION The subject property is located in the Reasor's parking lot located at 11815 E. 8e St. N. 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 gardening tent. 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 RECOMME1y3aA I N Staff recommends approval of OBOA- 05 -12, for a ten year period, subject to following conditions: I . 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. ATTACHMEN'T'S 1. General Area Map. 2. OBOA -05 -12 Application. 3. Copy of Legal Advertisement. ARBYS REASORS E. 86th STN-' -N THREE LAKES VILLAGE Owasso Community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com OBOA 05 -12 r'