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