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HomeMy WebLinkAbout2023.02.28_Board of Adjustment AgendaOWASSO BOARD OF ADJUSTMENT February 28, 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, February 28, 2023 - 6:00 PM NOTE: APPROPRIATE ACTION may include, but is not limited to. acknowledging, affirming, amending, appro '� " authorizng, awarding, denying, postponing, or tabling. 1. Call to Order AGENDA 2. Roll Call Of?efingg ., 3. Consideration and appropriate action relating to the minutes of the May 24, 2022, Regular M 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 S. 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 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 11:30 a Thursday, February 23, 2023. Juliann M. Stevens, City Clerk The City of Owosso 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@cityofowasso.com MEMBERS PRESENT Joe Ramey Jim Bausch Kyle Davis Brian Cook Dean Knoten OWASSO BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING Tuesday, May 24, 2022 Old Central, 109 North Birch Street MEMBERS ABSENT STAFF PRESENT Alexa Beemer Brian Dempster Marsha Hensley Julie Lombardi The meeting agenda was posted at the west entrance to City Hall on the 19th day of May, 2022 at 11:00 AM. 1. CALL TO ORDER 2. ROLL CALL 3. Approval of Minutes from the April 26, 2022 Regular Meeting - Mr. Knoten moved to approve the minutes of the April 26, 2022 meeting, seconded by Mr. Cook. AYE: Ramey, Bausch, Cook, Davis, Knoten NAY: None The motion carried 5 -0 4. OBOA 22 -04 - SDecial Exception Reauest - 10703 East 118th Court North - Consideration and appropriate action relating to a request for a Special Exception to allow for the construction of a 24' x 50' accessary building in the rear yard. The property is zoned Residential Single - Family (RS -3) and is located at 10703 East 118th Court North (Lot 7, Block 4, Country Estates IV). Ms. Beemer presented the item, recommending approval of OBOA 22 -04. The applicant was present. Mr. Bausch moved to approve the Special Exception request for OBOA 22 -04, seconded by Mr. Knoten. AYE: Ramey, Bausch, Cook, Davis, Knoten NAY: None The motion carried 5 -0 5. Report from Board of Adjustment Members - None 6. New Business - None 7. Adjournment- Mr. Knoten moved for adjournment, seconded by Mr. Bausch. AYE: Bausch, Ramey, Cook, Davis, Knoten NAY: None The motion was approved 5 -0 and the meeting was adjourned at 6:08 PM. Chair Approved 2/28/2023 TO: The Owasso Board of Adjustment FROM: Wendy Kramer City Planner SUBJECT: OBOA 23 -01 - Special Exception - 12007 E 80th PL N DATE: February 24, 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 12007 East 80th Place North, further described as Lot 27, Block 21 of the Elm Creek Estates First Addition subdivision. The applicant has requested the special exception in order to build 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 Carport Residential Single - Family Lot 27, Block 21 - Elm Creek Estates First Addition Blocks 21 -30 North High Densit RS -3 Residential Residential City of Owasso 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) Residential Single - Family West High Densit RS -3 Residential Residential City of Owasso SUBJECT PROPERTY /PROJECT DATA: Property Size 0.37 acres +/- Current Zoning Residential Single - Family High Density (RS -3) Proposed Structure Carport Lots /Blocks Lot 27, Block 21 - Elm Creek Estates First Addition Blocks 21 -30 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. 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. Page 2 OBOA 23 -01 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 is proposing a nineteen foot and five inches (19'5 ") by twenty foot (20') carport that will encroach into the front setback. The subject property is approximately 0.37 acres in size and contains an existing residential structure and a detached storage shed. The proposed carport would be constructed over the existing paved driveway, and would be approximately eight feet (8') tall and does not appear to encroach on any platted utility easements. 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: 1. Are there other carports in the front yard setback within three hundred (300) feet of the subject property? Staff Response: There is a metal frame, two -car carport located at a home on East 79th Court North, approximately two hundred and forty feet (240') from the subject property. This means that the proposed carport would not be the first of its kind in this neighborhood. Multiple other carports have been noticed in the neighborhood as well. 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 functional. 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 twenty foot (20') wide carport. Staff discussed this with the applicant but the applicant indicated that they wanted the carport to cover their existing driveway. It should be noted that the existing driveway is larger than a standard two -car drive but the proposed carport is standard two -car drive size at twenty feet (20') wide. 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 proposed placement of the carport is not anticipated to create any site line issues. 7. Will the carport be open on three sides? Staff Response: Based on the drawings the applicant has provided to Staff, the carport will be open on three sides. 8. Was there any input or concerns from adjoining neighbors? Page 3 OBOA 23 -01 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 has not received any questions or concerns from the public regarding this case. With all of the above information in mind, Staff finds that the construction of the proposed carport would not be 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 -01, a Special Exception to allow for a carport to encroach into the required front setback within a residential single family (RS -3) zoning district. ATTACHMENTS: Aerial Map Property Survey /Site Plan Images of Existing Site Conditions Images of Example Carports Note: Graphic overlays may not precisely align with physical features on the ground. Aerial Photo Date: 202012021 subject OBOA -23 -01 GrOwasso 2035 Land Use Master Plan OBOA 23-01 Surrounding Zoning OBOA 23-01 (No Subject) From: Maria Johnson (bmkjohnson@yahoo.com) To: elmieweler@aol-com Date: Tuesday, January 10, 2023 at 08:02 PM CST Sent from Yahoo Mail on Android TO: The Owasso Board of Adjustment FROM: Alexa Beemer, AICP Planning Manager SUBJECT: OBOA 23 -02 - Special Exception - Attic Storage DATE: February 24, 2023 BACKGROUND: The Community Development Department received a request for a Special Exception to allow for an expansion of a non - conforming use in a Commercial General (CG) Zoning District. The subject property is located at 7801 North Owasso Expressway. The property is platted as a portion of Lot One (1) Block Nineteen (19), Elm Creek Estates First Addition. The property is currently zoned CG and is approximately 2.89 acres in size. The applicant is asking for a Special Exception from the Owasso Zoning Code (Chapter 6, "Commercial District Provisions "; Section 6.3.2, "Permitted Uses in the CG District ") to allow for the expansion of a use associated with warehousing and self- storage onto the property. Specifically, the applicant is asking that a Special Exception be granted to allow for the storage of recreational vehicles (RVs) on the property for one (1) year. SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North Commercial Shopping Commercial/ Commercial City of Owasso Within PUD? (CS) Warehousing No Water Provider South Commercial Shopping Commercial Commercial City of Owasso East Commercial Shopping Warehousing Commercial City of Owasso West Agriculture (AG) Highway N/A City of Owasso ROW / ODOT SUBJECT PROPERTY /PROJECT DATA: Property Size 2.89 acres +/- Current Zoning Commercial General (CG) Proposed Use Warehousing and Self- Storage (expansion) Land Use Master Plan Commercial Lots /Blocks Portion of Lot 1, Block 19, Elm Creek Estates First Addition Within PUD? No Within Overlay District? No Water Provider City of Owasso Page 2 OBOA 23 -02- Special Exception, Attic Storage APPROVAL PROCESS: Section 4, Article XV in Appendix B of the Owasso Zoning Code reads: "The Owasso Board of Adjustment (BOA) shall hold the public hearing and may, upon the concurring vote of three (3) members, 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." ANALYSIS: The subject property is currently being leased by the same entity that owns the mini - storage facility that surrounds the subject property on its northern and eastern boundaries. This existing mini - storage facility, located adjacent to the subject property, is considered a legal non- conforming use per two previously- approved Special Exceptions (OBOA 96 -01, OBOA 18 -01); both of these Special Exceptions allowed for a warehousing and self- storage /mini- storage use in a CS Zoning District. The applicant wishes to expand the aforementioned storage use to the subject property, which is zoned CG. Under Section 6.3.2 of the Owasso Zoning Code, storage - related uses are indeed allowed, so long as they are a part of a larger Planned Unit Development (PUD). Rather than attempt to retroactively apply for a PUD on the subject property and the adjacent (already developed) property, the applicant has indicated that they would rather seek a Special Exception to allow for the development of a temporary RV storage lot on the subject property. Staff feels that, since this proposed temporary use is an expansion of an existing, previously approved use, a Special Exception would accomplish the same goals that a PUD could on this property. The applicant has requested to erect a fenced storage yard that would be in use for a total of one (1) calendar year from the date of approval on the subject property. Per the conceptual site plan, said yard would be approximately two hundred and sixty -five (265) feet long by one hundred and eighty -eight (188) feet wide. The fence would be chain link in construction, and covered with an opaque screening mesh on the western and southern boundaries of the yard. The fenced yard will be set back approximately three hundred and twenty -three (323) feet from the western property line. The yard will not be paved; instead, gravel will be used as surfacing, per Section 11.4.3 of the Owasso Zoning Code. The intent of the Special Exception process is to ensure a proposed use or structure will be in harmony with the spirit and intent of the Zoning Code, and that it will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Working with staff over the past several weeks, the applicant proposes to develop the expansion in such a way as to comply with the intent of the Owasso Zoning Code. For example, the applicant has indicated that the RV storage yard would be completely fenced, and screened from the adjacent roadway and property to the south. Additionally, there are no residential uses adjacent to the subject property. Further, the use would be temporary, as the applicant intends to move the RVs to a different location within a year. Finally, RVs are currently being stored on the property without any screening or fencing; by approving this Special Exception, the property will be brought further into conformity. Page 3 OBOA 23 -02- Special Exception, Attic Storage In summary, this Special Exception request does indeed follow the intent and spirit of the Owasso Zoning Code. The lots to the north and east of the subject property are home to an established business that has already secured two Special Exceptions. While the subject property is technically a separate parcel from said existing development, it will essentially be functioning as an accessory storage yard. Further, the conceptual site plan indicates that the applicant has taken necessary steps to buffer this proposed temporary use from adjacent properties via screening fences and adequate setbacks. Finally, this will not be permanent in nature. Letters containing notification of this case were mailed to all property owners within three hundred (300) feet of the subject property and notification was posted in the Owasso Reporter in accordance with Oklahoma State Statute. As of the date of this memo, staff has received no responses regarding the request. The City of Owasso will provide police, fire, ambulance, water and sanitary sewer services to the subject property. Any development that occurs on the subject property must adhere to all subdivision, zoning, and engineering requirements of the City of Owasso. RECOMMENDATION: Staff recommends approval of OBOA 23 -02, a Special Exception to allow for the expansion of a warehousing and self- storage use in a CG District, for the duration of one (1) calendar year from the date of approval, subject to the following conditions: • Opaque screening mesh will be required along the western and southern lengths of the fence. ATTACHMENTS: Aerial Map Zoning Map GrOwasso 2035 Land Use Master Plan Map Conceptual Site Plan OBOA 23-02 Land Use Categories Parks /Recreation Public /Institutional Residential Transitional Neighborhood Mixed ELM Redbud District Neighborhood Commercial Commercial Industrial /Regional Employment OBOA 23_02 CS