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HomeMy WebLinkAbout2023.05.23_Board of Adjustment AgendaOWASSO BOARD OF ADJUSTMENT May 23, 2023 6:00 PM PUBLIC NOTICE OF THE REGULAR MEETING OF THE OWASSO BOARD OF ADJUSTMENT Council Chambers Old Central Building 109 North Birch Street, Owasso, OK Tuesday, May 23, 2023 - 6.00 PM NOTE: APPROPRIATE ACTION may include, but is not limited to: acknowledging, affirming, amending, approving, authorizing, awarding, denying, postponing, or tabling. AGENDA RECEIVED 1. Call to Order MAY 17 2023 2. Roll Call City Clerk's Office 3. Consideration and appropriate action relating to the minutes of the April 25, 2023, Regular Meeting 4. Consideration and appropriate action relating to a Minor Zoning Variance Request OBOA 23 -04 for a variance allowing an encroachment into the minimum setback from an abutting residential use on the northern and eastern sides of the property located at 11595 East 116th Street North (Lot 1, Block 1, Charity Auto Sales); the property is approximately 0.52 acres in size, and is zoned Commercial Shopping (CS) Alexa Beemer 5. Consideration and appropriate action relating to a Special Exception Request OBOA 23 -05 to allow for the construction of a detached garage in excess of the maximum allowed square footage for an accessory building in a Residential Single - Family (RS -3) district; located at 11906 East 901h Street North (Lot 19 & 20, Block 3, Three Lakes III Addition), and zoned Residential Single- Family (RS -3) Wendy Kramer 6. Report from Board of Adjustment Members 7. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 8. Adjournment Notice of Public Meeting filed in the office of the City Clerk on Friday, December 9, 2022, and the Agenda posted at City Hall, 200 South Main Street, at 5:00 pm on Wednesday, May 17, 2023. Chris Garreef­Deputy City Clerk The City of Owasso encourages citizen participation. To request an accommodation due to a disability, contact the City Clerk at least 48 hours prior to the scheduled meeting by phone 918 - 376 -1502 or by email to istevens @citvofowasso.com OWASSO BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING TUESDAY, APRIL 25, 2023 The Owasso Board of Adjustment met in regular session on Tuesday, April 25, 2023, in the Council Chambers at Old Central, 109 North Birch Street, Owasso, Oklahoma per the Notice of Public Meeting filed Friday, December 9, 2022; and the Agenda filed in the office of the City Clerk and posted at City Hall, 200 South Main Street, at 5:30 pm on Thursday, April 20, 2023. 1. Call to Order- Mr. Ramey called the meeting to order at 6:00 pm. 2. Roll Call - A quorum was declared present. PRESENT: ABSENT: STAFF: Chair -Joe Ramey Board Member - Kyle Davis Brian Dempster - Com. Dev. Director Vice Chair - Jim Bausch Alexa Beemer, Planning Manager Board Member- Brian Cook Wendy Kramer, City Planner Board Member- Dean Knoten Cyndi Townsend, Recording Secretary Julie Lombardi, City Attorney 3. Consideration and appropriate action relating to the minutes of the February 28, 2023 Regular Meeting Mr. Knoten moved, seconded by Mr. Bausch to approve the Minutes, as presented. YEA: Bausch, Cook, Knoten, Ramey NAY: None Motion carried: 4-0 4. Consideration and appropriate action relating to a Special Exception Request OBOA 23 -03 for a carport extending over the front set back, located at 8220 North 125th East Avenue (Lot 4, Block 42, Elm Creek Estates First Addition) and zoned Residential Single - Family (RS -3) Alexa Beemer presented the item, recommending approval. Five citizens addressed the board. After discussion, Mr. Knoten moved, seconded by Mr. Cook to approve the construction of the carport over the front set back. YEA: Bausch, Cook, Knoten, Ramey NAY: None Motion carried: 4-0 5. Report from Board of Adjustment Members - None 6. New Business - None 7. Adjournment Mr. Cook moved, seconded by Mr. Bausch to adjourn the meeting. YEA: Bausch, Cook, Knoten, Ramey NAY: None Motion carried: 4-0 and the meeting adjourned at 6:24 p.m. Cyndi Townsend, Recording Secretary TO: The Owasso Board of Adjustment FROM: Alexa Beemer, AICP Planning Manager SUBJECT: OBOA 23 -04 - Minor Variance, 11595 East 116th Street North DATE: May 19, 2023 BACKGROUND: The Community Development Department received a request for a minor variance to allow for the encroachment into two (2) building setbacks, on the northern and eastern sides of a subject property located at 11595 East116th Street North. The subject property is approximately 0.52 acres in size and comprises all of Lot 1, Block 1 of the Charity Auto Sales subdivision. The property is currently zoned Commercial Shopping (CS). SUBJECT PROPERTY DATA: Property Size 0.52 acres +/- Current Zoning Commercial Shopping (CS) Current Use Office Building Land Use Master Plan Commercial Within PUD? No Within Overlay? No Water Provider City of Owasso Sewer Provider City of Owasso APPROVAL PROCESS: Article XIV, Section 2 of Appendix B of the Owasso Zoning Code states that "a Minor Administrative Variance can be granted for encroachment into a building setback of up to two (2) feet ". A Minor Variance must still follow the same notification standards as regular Variance requests. A Minor Variance can be considered and approved administratively by the Community Development Director. For this particular Minor Variance request, however, the applicant has indicated that they wished for the request to be reviewed by the Board of Adjustment, at a regularly - scheduled meeting. ANALYSIS: • The 0.52 -acre subject property is currently zoned CS. The applicant recently constructed a two -suite office building within the northeastern section of the subject tract. The applicant's surveyor was unable to accurately locate the survey pin in the northeastern corner of the property during construction. As such, the aforementioned building is setback nineteen and two - tenths (19.2') feet from the northern property line, and is setback eighteen and six - tenths (18.6') feet from the eastern property. o Per the Owasso Zoning Code, the minimum setback from an abutting residential use within the CS Zoning District is twenty (20') feet. Therefore, the structure on the subject property does not meet the minimum setback requirements from the OBOA 23 -04 Page 2 northern and eastern property lines, adjacent to the single - family neighborhood bordering the subject property. • Considering the above, the applicant is seeking a Minor Variance request from the Board to allow for an encroachment into the minimum setback from an abutting residential use on the northern and eastern sides of a subject property. Both encroachments are less than two (2) feet in size, and are therefore meet the criteria for Minor Variance approval. o The building encroaches approximately eight- tenths (0.8) of a foot into the northern setback, and approximately one and four - tenths (1.4) feet into the eastern setback. • Requiring the applicant to relocate the entire building, or requiring the applicant to alter the layout /size of the building post- construction, would be both physically and economically unviable. • The applicant did design the site in such a manner to adhere to all setback requirements, but was unknowingly working off of inaccurate survey information. o Therefore, this situation is inherently peculiar because of the surveyor's error in locating the true property lines. • 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. As of the writing of this report, staff has not received any comments or concerns from adjacent property owners. • Finally, it has been determined by the Community Development Department that the minor variance, if granted, would not have adverse effects on other characteristics of the property, such as drainage, utilities, and easements. SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North Residential Single- Family (RS -3) Residential Residential City of Owasso South Agriculture (AG) Residential Commercial Tulsa County East Residential Single- Family (RS -3) Residential Residential City of Owasso West Agriculture (AG) Vacant Commercial Tulsa County RECOMMENDATION: Staff recommends approval of OBOA 23 -04, allowing for an encroachment into the minimum setback from an abutting residential use on the northern and eastern sides of the subject property, within a Commercial Shopping (CS) District. ATTACHMENTS: Aerial Map As -Built Survey Exhibit OBOA 23-04 features on the ground. Tract 0521-14 Aerial Photo Date: 202012021 Feet n V Public /Institutional Residential Transitional Neighborhood Mixed Redbud District Neighborhood Commercial Commercial Industrial/ Regional Employment ® US -169 Overlay GrOwasso 2035 Land Use Master Plan — — , N 0 0.01 0.03 0.05 0.08 o. ( Subject Tract n Miles 0130A 23 -04 N Miles OBOA 23 -05 Subject Tract Plat of Survey As -built Lot 1, Block 1 Charity Auto Sales City of Owasso Scale: 1 =20 Tulsa County, Oklahoma Fence carne -is" 2.3' east boundar orner i STORMWATER DETENTION EASEMENT Concrete Curb Gutte LIMITS OF NO ACCESS ACCESS Asphalt Roadway (under construction) East 116th Street North TO: The Owasso Board of Adjustment FROM: Wendy Kramer City Planner SUBJECT: OBOA 23 -05 - Special Exception - 11906 East 90th Street North DATE: May 19, 2023 BACKGROUND: The Community Development Department received a request for a Special Exception to allow for the construction of a structure in excess of the maximum allowed square footage for an accessory building in a Residential Single - Family (RS -3) district. The subject property is located at 11906 East 90th Street North, further described as Lot 19 & Lot 20, Block 3, Three Lakes III. SUBJECT PROPERTY /PROJECT DATA: Property Size 0.37 acres +/- Current Zoning Residential Single - Family (RS -3) Within an Overlay District? No Within a PUD? No Proposed Structure Detached Garage (1,459 sq ft) Lots /Blocks Lot 19 & Lot 20, Block 3, Three Lakes III Water Provider City of Owasso Sewer Provider City of Owasso APPROVAL PROCESS: According to Appendix B, Article XV, Section 4 of the Owasso Zoning Code: "The Board of Adjustment shall hold the public hearing and, upon the concurring vote of three (3) members, may grant the 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. 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." A building permit for the proposed structure must be issued within one (1) year of the date of approval, or the special exception shall be considered void unless the BOA has approved an extension. ANALYSIS: • The subject property is approximately 0.37 acres in size and is zoned RS -3. The applicant has requested the Special Exception in order to build a one thousand four hundred and fifty -nine (1,459) square foot detached garage on the subject property. o The Owasso Zoning Code states that any accessory structure in an RS -3 district in excess of five hundred (500) square feet shall require approval from the Board of Adjustment in the form of a Special Exception. • According to the information supplied by the applicant, the proposed garage would be approximately twenty -four (24) feet wide by thirty (30) feet long. The structure would be placed in the southern portion of the applicant's yard. • The Owasso Zoning Code requires structures that are less than fifteen (15) feet in height to be set back at least five (5) feet from adjoining lot lines. If the structure is to be taller than fifteen (15) feet in height, it must be setback at least ten (10) feet from any property line. o As shown on the building elevations, the proposed garage is fourteen (14) feet in height. o The applicant has indicated that the garage will be placed ten (10) feet from the southern property line. As such, the proposed detached garage will be placed an adequate distance from the property line so as to not cause detriment to surrounding property owners. • According to the Owasso Zoning Code, detached accessory structures in the RS -3 zoning district may not exceed twenty (20) percent of the lot area and may not be placed in the front setback. o The proposed structure will not violate the lot coverage regulation, as the current lot is two platted lots combined - there will be ample open space left in the rear yard, even if the proposed garage is constructed. The garage will be one thousand four hundred and fifty -nine (1,459) square feet, and the total area of the lot is just over sixteen thousand (16,000) square feet. o The structure is also to be placed well outside of the lot's front setback. • Based on the survey provided by the applicant, the proposed garage will not encroach on any platted and /or filed utility easements; this further ensures that no harm will come to the general public welfare, should the proposed accessory structure by constructed as depicted by the applicant. • Letters containing notification of this case were mailed to all property owners within three hundred (300) feet of the subject property, and notification was also posted in the newspaper in accordance with State Statute. o At of the time of the writing of this memo, staff had not received any calls from citizens regarding the request. • In conclusion, Staff has determined that the request would not be injurious to the surrounding neighborhood or negatively harm the intent or spirit of the Owasso Zoning Code. SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North Residential Single - Family Residential Residential City of Owasso (RS -3) South Residential Single - Family Residential Residential City of Owasso RS -3 East Residential Single - Family Residential Residential City of Owasso RS -3 West Residential Single - Family Residential Residential City of Owasso (RS -3) RECOMMENDATION: Staff recommends approval of OBOA 23 -05, a Special Exception to allow for the construction of a structure in excess of five hundred (500) square feet, within a residential single - family (RS -3) district. ATTACHMENTS: Aerial Map Survey /Site Plan Architectural Exhibits Note: Graphic overlays may not precisely align with physical Subject features on the ground. Tract Aerial Photo Date: 202012021 OBOA 23 -05 I ! w/ s EP; �m. 0 0.01 0.03 0.05 0.08 0.11 GrOwasso 2035 Land Use Master Plan r — Subject Tract N Miles OBOA 23 -05 ` - - Surrounding Zoning OBOA 23 -05 Subject Tract A Left Elevation Right Elevation Rear Elevation M Post Framing: Front Elevation 1st Floor MORTGAGE INSPECTION LEGEND PROJECT' NO.: 096142 -565 MORTG.kGOR: Roy A. Cowen CLIENT: First American Title & Abstract Company Bank of Oklahoma, N.A. e NO.. 134911-106 E. 90th ST. N. This property is located in flood zone "X- UNSHADED" as per FIRM Community Panel No. 400210 0137K, as last N revised August 3, 2009. 108' BJE BURIED ELECTRIC SERVICE CABLE ESMT (APPROX LOCATION) B/L BUILDING LINE D/E DRAINAGE EASEMENT U/E UTILITY EASEMENT EM ELECTRIC METER PLAT NO. 4418 LEGAL DESCRIPTION AS PROVIDED: LOTS NINETEEN (19) AND TWENTY (20). BLOCK THREE (3). THREE LAKES 111, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, AND KNOWN AS 11906 EAST 90th STREET NORTH. SURVEYOR'S STATEMENT Harden do Associates, Surveying and Mapping. PC, an Oklahoma corporation, and the undersigned Registered Professional Land surveyor, under Certificate of Authorization No. CA4656 renewal date; June 30, 2011. do hereby state that in our professional opinion the above Inspection Plat shows the dwelling as located on the premises described, that it is entirely within the described tract boundaries, and there are no encroachments thereon by visible permanent improvements, except as indicated; that the above Inspection Plat shows all Recorded Plat easements and other such easements which have been disclosed by a current Title Opinion or by Commitment for Title Insurance and copies thereof provided to us; that this Inspection Plat was prepared for Identification purposes only for the mortgagee and is not a Land or Boundary Line Survey: that no property corners were set, and is not to be used or relied upon for the establishment of fence, building or other Improvements; that underground or above ground utilities were not field located and therefore are no ,0hawfylJggn this Inspection Plat unless specifically requested by the client: that this Inspection Plat is prepare client listed hereon as of this date and may not be used for any subsequent loan closing,on and that no responsibility or liability is assumed herein or hereby to the present or upant.