HomeMy WebLinkAbout2023.04.25_Board of Adjustment AgendaOWASSO BOARD OF ADJUSTMENT
April 25, 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, April 25, 2023 - 6:00 PM
NOTE: APPROPRIATE ACTION may include, but is not limited to: acknowledging, affirming, amending, approving, authorizing,
awarding, denying, postponing, or tabling.
RECEIVED
AGENDA
1. Call to Order APR 2 0 2023
2. Roll Call
City Clerk's Office
3. Consideration and appropriate action relating to the minutes of the February 28, 2023, Regular Meeting
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
5. Report from Board of Adjustment Members
6. New Business (New Business is any item of business which could not have been foreseen at the time of
posting of the agenda)
7. 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 5:30 p n Thursday, April 20, 2023.
Jul6rih/n4M. Stevens, City C er
The City of Owasso encourages citizen participation. To request n 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 lsteve _9cifyofowosso.com
OWASSO BOARD OF ADJUSTMENT
MINUTES OF REGULAR MEETING
TUESDAY, FEBRUARY 28, 2023
The Owasso Board of Adjustment met in regular session on Tuesday, February 28, 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 11:30 am on Thursday, February 23, 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 - Brian Cook
Brian Dempster - Com. Dev. Director
Vice Chair - Jim Bausch
Alexa Beemer, Planning Manager
Board Member- Kyle Davis
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 May 24, 2022 Regular Meeting
Mr. Knoten moved, seconded by Mr. Davis to approve the Minutes, as presented.
YEA: Bausch, Davis, Knoten, Ramey
NAY: None
Motion carried: 4-0
4. Consideration and appropriation action relating to a Special Exception Request OBOA 23 -01 for the
construction of a carport over an existing driveway located at 12007 E. 80th PI. N. (Lot 27, Block 21, Elm
Creek Estates) and zoned Residential Single - Family (RS -3)
Alexa Beemer presented the item, recommending approval. There were no comments from the
audience. After discussion, Mr. Bausch moved, seconded by Mr. Knoten to approve the construction
of the carport over the existing driveway.
YEA: Bausch, Davis, Knoten, Ramey
NAY: None
Motion carried: 4-0
5. Consideration and appropriation action relating to a Special Exception Request OBOA 23 -02 to allow
RV storage, for one year, at Attic Storage of Owasso, located at 7801 North Owasso Expressway (part
of Lot 1, Block 19, Elm Creek Estates First Addition) and zoned Commercial General (CG)
Alexa Beemer presented the item, recommending approval. There were no comments from the
audience. After discussion, Mr. Bausch moved, seconded by Mr. Knoten to allow RV storage, for one
year.
YEA: Bausch, Davis, Knoten, Ramey
NAY: None
Motion carried: 4-0
6. Report from Board of Adjustment Members - None
7. New Business - None
8. Adjournment
Mr. Knoten moved, seconded by Mr. Davis to adjourn the meeting.
YEA: Bausch, Davis, Knoten, Ramey
NAY: None
Motion carried: 4-0 and the meeting adjourned at 6:16 p.m.
Cyndi Townsend, Recording Secretary
TO: The Owasso Board of Adjustment
FROM: Alexa Beemer
Planning Manager
SUBJECT: OBOA 23 -03 - Special Exception - 8220 North 125th East Avenue
DATE: April 21, 2023
BACKGROUND:
The Community Development Department received a request for a special exception to allow a
carport within the twenty -five foot (25') front yard setback in a Residential Single - Family High
Density (RS -3) zoning district. The subject property is located at 8220 North 125th East Avenue,
further described as Lot 4, Block 42 of the Elm Creek Estates First Addition subdivision. The
applicant has requested the special exception in order to legally allow a carport over their
existing driveway, which would encroach into the required front yard setback.
SURROUNDING LAND USE:
Direction
Zoning
Use
Land Use Plan
Jurisdiction
North
Residential Single - Family
Residential
Residential
City of Owasso
High Density (RS -3)
South
Residential Single - Family
Residential
Residential
City of Owasso
High Densit RS -3
East
Residential Single - Family
Residential
Residential
City of Owasso
High Densit RS -3
West
Public Facilities (PF)
School
Public &
City of Owasso
Institutional
SUBJECT PROPERTY /PROJECT DATA:
Property Size
0.18 acres +/-
Current Zoning
Residential Single - Family High Density (RS -3)
Proposed Structure
Carport
Lots /Blocks
Lot 4, Block 42 - Elm Creek Estates First Addition
APPROVAL PROCESS:
When the Community Development Department receives an application for a special
exception, the Owasso Board of Adjustment (BOA) holds a public hearing. The BOA may grant
the special exception after finding that the special exception will be in harmony with the spirit
and intent of the Zoning Code and it will not be injurious to the neighborhood or otherwise
detrimental to the public welfare. The BOA, in granting a special exception, can prescribe
appropriate conditions and safeguards if deemed necessary to ensure the harmony of a
neighborhood is maintained or to mitigate any potential negative impacts.
Page 2
OBOA 23 -03
ANALYSIS:
Per Section 4.6.7.1 of the Owasso Zoning Code, carports encroaching into the front setback may
be approved as a Special Exception by the Owasso Board of Adjustment (BOA). In this case,
the applicant already constructed an approximately twenty -five foot (25') by eighteen foot
(18') carport that does encroach into the front setback. The applicant was not aware of the
existence of the front setback when the carport was constructed; as such, they are now
retroactively seeking a Special Exception. The subject property is approximately 0. 18 acres in size
and contains an existing residential structure. The carport was constructed over the existing
paved driveway.
When the City receives a request for a special exception for a carport, Section 4.6.7.1 of the
Zoning Code requires that staff and the BOA consider factors listed below in evaluating the
case:
Are there other carports in the front yard setback within three hundred (300) feet of the
subject property?
Staff Response: There is an approved metal frame, two -car carport being constructed at
a home on East 80th Court North, approximately one thousand nine hundred feet (1,900')
from the subject property. This means that the proposed carport would not be the first of
its kind in this general area. However, staff did not observe any carports within three
hundred feet (300') of the subject property.
2. Does the main residential structure on the subject property have a functional garage?
Staff Response: The residential structure on the property has a two -car garage. However,
the applicant has stated that the garage is not large enough to accommodate their
truck; they would like to cover their vehicle in order to make it easier to get in and out of
it during inclement weather.
3. Is there adequate room on the side or in the backyard of the property to accommodate
either a one (1) or two (2) car carport?
Staff Response: Yes, there appears to be adequate room in the backyard of the
property to allow for an approximately eighteen foot (18') wide carport. The applicant
indicated that they wanted the carport to cover their existing driveway, however.
4. Is the carport necessary to alleviate a physical condition on or adjacent to the subject
property that is causing property damage to parked vehicles?
Staff Response: There does not appear to be any physical conditions on the subject
property /adjacent to it that could pose a threat to parked vehicles.
5. Are outbuildings, carports, and similar structures governed privately by a current
functioning Homeowners' Association, neighborhood board, or architectural review
board?
Staff Response: There does not appear to be any sort of Association governing carports
within the subdivision of the subject property.
6. On corner lots, will the placement of the carport cause any sight line issues?
Staff Response: The subject property is not a corner lot and the placement of the
carport is not anticipated to create any site line issues.
7. Will the carport be open on three sides?
Staff Response: The carport is partially enclosed on both the southern and northern sides,
with approximately four feet (4') of open area on the bottom half of the sides. Per
Page 3
OBOA 23 -03
Section 4.6.7.1.g of the Owasso Zoning Code, carports are required to be open on three
(3) sides.
8. Was there any input or concerns from adjoining neighbors?
Staff Response: Letters containing notification of this case were mailed to all property
owners within three hundred feet (300') of the subject property, and notification was also
posted in the Owasso Reporter in accordance with Oklahoma State Statute. As of the
date of this memo, staff did receive one written correspondence from a concerned
resident that was worried about neighboring property values. Said correspondence is
attached.
With all of the above information in mind, Staff finds that the construction of the carport is not
detrimental to the public welfare. The Board should consider the above facts when deciding
whether to make a motion to approve or disapprove this Special Exception Request.
RECOMMENDATION
Staff recommends approval of OBOA 23 -03, a Special Exception to allow for a carport to
encroach into the required front setback within a residential single family (RS -3) zoning district,
with the following condition:
• The northern and southern sides will need to be fully open, and thus the partial metal
coverings will need to be removed on both sides.
ATTACHMENTS:
Aerial Map
Property Survey /Site Plan
Images of Existing Site Conditions
Written Correspondence from Resident
Note: Graphic overlays may
not precisely align with physical
features on the ground. Tract OBOA 23-03
Aerial Photo Date: 202012021 Feet
Land Use Categories,
Parks/ Recreation
Public/Institutional
Residential
Transitional
Neighborhood Mixed
Redbud District
Neighborhood Commercial
Commercial
Industrial/ Regional Employment
US-169 Overlay
GrOwasso 2035 Land Use Master Plan
Surrounding Zoning
OBOA 23-03
Subject Tract N
Wadley, Valerie V
From: Valerie Wadley <valeriewadley85 @gmail.com>
Sent: Monday, March 27, 2023 6:33 PM
To: Wadley, Valerie V
Subject: [EXTERNAL]
Use caution when interacting with this [EXTERNAL] email sender: valeriewadley85 @gmail.com
Sent from my iPhone
From: Dempster, Brian
To: Beemer. Alexa
Subject: FW: Owasso BOA - 8220 N 125th E Ave - carport
Date: Monday, April 10, 2023 1:56:35 PM
Attachments: imaoe.ono
FYI
From: Richard Zemina [mailto:rzemina @hotmail.com]
Sent: Monday, April 10, 2023 10:09 AM
To: Dempster, Brian
Subject: Owasso BOA - 8220 N 125th E Ave - carport
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Brian,
I know on the agenda there will be discussion of 8220 N 125th E Ave - carport.
I live within that subdivision, just down the street but not within three feet of that property.
There is only one house within the entire Elm Creek which complies within the ordinance of a
carport, 7705 N 126th E Ave. Other than that there are no carports which exist.
The carport on 8220 N 125th E Ave is something which should be put up outside the city limits
of Owasso and the reason why the City of Owasso has the restrictions to avoid what this
resident has done. It will take down home values surrounding 8220 N 125th E Ave, adjacent
and down the street.
Thankyou
Richard Zemina
918 - 274 -6520