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Home My WebLink About2005.05.24_Board of Adjustment AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO BOARD OF ADJUSTMENT TYPE OF MEETING: DATE: TL%IE: PLACE: NOTICE FILED BY: TITLE: Regular May 24, 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 206` day of May, 2005. ff f OWASSO BOARD OF ADJUSTMENT Tuesday, May 24, 2005, 6:00 PM Old Central, 109 N. Birch AGENDA Call to Order 2. Roll Call 3. Approval of Minutes from the April 26, 2005 Regular Meeting. BOARD OF ADJUSTMENT PUBLIC ,HEARING 2B0A -45-06 - Joe Miller — 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 CON NIERCIAL SHOPPING DISTRICT on property zoned CS (Commercial Shopping Center District). The proposed use of the property is as a concessions vendor. The subject property is described as Lot 1, Block 1, Owasso Market II, and further described as Lowes Parking Lot, 12001 E. 96h St. N., Owasso, OK. 4. Other Business 5. Adjournment OBOA- CITY OF OWASSO P.O. BOX 130 OWASSO, OKLAHONfA 74055 (918) 272 -2251 FAX (918) 272 -4997 SPECIAL EXCEPTION ]BO=ARD OF ADJUSTMENT INTERPRETA.TION OR APPEAL THE FOLLOWING INFORMATION TO BE SliPPLIED B'Y APPLIC4NT ACTT€ N REQUESTED �. . O Specia — on . l Exception— []Interpretation of Zoning Test Use Unit No. Clnterpretation of Zoning Nlap []Appeal from Building Inspector ElAppeal 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 determining the merits of your request, e trPst ir' 4 S ai exaf -hc -ea 0,ce - C, GvvtCtS, i`an5 'n o ' ,' +- a PROPERTY LEGAL DESCRIPTION e Name acid Address of Record Owner Address or General Location of Subject Prope -1 ow--s As applicant, what is your interest in this property? Name of person to be billed for publication P on E]Prescut Owner DA gent for Owner Tae 11°],` f S CIPurdxaser 02 her Mailing Address []Attorney for Owner �Sy S S. q� Co We-4. 0 h 7`f *, g i CERTIFY THAT THE SUBM=ED INFOILMATION IS TRUE AND CORRECT I Signature Please submit the completed application form and application fee of $50 along% th a Certified 300' Radius .Report (available from an abstract company) and other supplemental documen'�t''s 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 iRresent at the hearing to receive approval. +j c� }}i II II I f• ,r i �. , „a ,s;v, V,III I I I, � °��' I lN BOA FETING DATE PRESENT USE SLBIN TTAL DATE ZONING DISTRICT FEE RECEIPT NUMBER APPROVED DENIED NOTICE OF A HEARING BEFORE THE BOARD OF ADJUSTMENT OF THE CITY OF OWASSO, OKLAHOMA. Case Number OBOA 05-06 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 May 24, 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 VENDOR IN A COM ERCTAL SHOPPING DISTRICT on a property zoned CS (Commercial Shopping Center District). The property is located at 12001 E. 9e St. N.; Lowes parking lot. 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 9th day of May, 2005. Chip McCulley City Planner To Owasso Board of Adjustment Dear sirs This letter is to confirm A request for the use of A Mobil concession trailer, owned by Joe and Linda Miller dba Miller concession to sell food and drinks on this property. Trailer to be set up in same location as it was during Trail Days ( May 6,7,8 ) We request the Millers to be here every week if possible. The Millers have provided us with all the necessary licenses and health permits. LOWES HOME CENTERS OWASSO MARKET IT MEMORANDUM TO: BOARD OF ADJUSTMENT CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER SUBJECT: OBOA- 05-06, A REQUEST FOR A SPECIAL EXCEPTION TO ALLOW FOR A NON-PERMANENT VENDOR IN A COMMERCIAL SHOPPING DISTRICT DATE: May 19, 2005 BACKGROUND The City of Owasso has received a request from Joe Miller £or 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 concessions vendor. LOCATION The subject property is described as Lot 1, Block 1, ROC Market II, and further described as Lowe's Parking Lot, 12001 E. 96h St. N., Owasso, OK. EXISTING LAND USE Retail Parking Lot SURROUNDING LAND USE North: Undeveloped South. Fuddruckers East: Wal -Mart West: Car -Wash PRESENT ZONING CS (Commercial Shopping Center District) SURROUNDING ZONING North: OM (Office Medium) South: CS (Commercial Shopping Center District) 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 — 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 concessions 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 May 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 RECOMMENDATION Staff recommends approval of OBOA -05 -06 1. The applicant must provide on -site trash receptacles. 2. 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. Copy of Legal Advertisement. 4 t 4, WALT MART TTCU -tn 3-te NI*-- ONG N Owasso Community N Development Department 111 N. Main St_ Owasso, OK 7055 OBOA 45 -06 }" E 918.376,1544 918,376.1597 www.cityofowasso.com S YAY 10. 20M