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Home My WebLink About2024.11.26_Board of Adjustment AgendaOWASSO BOARD OF ADJUSTMENT G,-V�q OF OWASg ' O l {� l 1904 AND OF THE TRPi November 26, 2024 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, November 26, 2024 - 6:00 PM NOTE: APPROPRIATE ACTION may include, but is not limited to: acknowledging, affirming, amending, approving, authorizing, awarding, denying, postponing, or tabling. RECEIVED 1. Call to Order 2. Roll Call AGENDA NOV Q 7 2024 4�S 3. Consideration and appropriate action relating to the election of the Chair City Clerk's Office 4. Consideration and appropriate action relating to the election of the Vice Chair 5. Consideration and appropriate action relating to the minutes of the June 27, 2023, Regular Meeting 6. Consideration and appropriate action relating to a lot width variance request (OBOA 24-01) to allow a reduction in the minimum frontage requirement for the property at 8255 and 8243 North Owasso Expressway, zoned Industrial Light (IL) Wendy Kramer 7. Consideration and appropriate action relating to a setback variance request (OBOA 24-02) to allow a zero -foot setback from the rear property line of Lot 17, Block 1, Hawk's Landing, zoned Residential Single -Family (RS-3) Alexo Beemer 8. New Business (any business item unforeseen at the time of posting the agenda) 9. Adjournment Notice of Public Meeting filed in the office of the City Clerk on Friday, December 8, 2023, and the agenda posted at Owasso City Hall, 200 South Main Street, at 2:00 pm on Thursday, November 7, 2024. Jfann M. Stevens, City Clerk The City of Owasso encourages citizen participation. To request on accommodation due to a disability, contact the City Clerk at least 48 hours prior to the scheduled meeting by phone 418-376-1502 or by email to istevens@citvofowasso.com OWASSO BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING TUESDAY, JUNE 27, 2023 The Owasso Board of Adjustment met in regular session on Tuesday, June 27, 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 5:00 pm on Wednesday, June 21, 2023. *Due to technical difficulties, audio for the June 27, 2023, Board of Adjustment did not record* 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- Dean Knoten Wendy Kramer, City Planner Cyndi Townsend, Recording Secretary Julie Lombardi, City Attorney 3. Consideration and appropriate action relating to the minutes of the April 25, 2023 Regular Meeting Mr. Knoten moved, seconded by Mr. Bausch to approve the Minutes, as presented. YEA: Ramey, Bausch, Knoten NAY: None Motion carried: 3-0 4. 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 Wendy Kramer presented the item, recommending approval. There were no comments from the audience. After discussion, Mr. Bausch moved, seconded by Mr. Knoten, to approve Special Exception OBOA 23-05 to allow for the construction of a seven hundred twenty (720) square foot accessory building on the subject property. YEA: Knoten, Ramey, Bausch NAY: None Motion carried: 3-0 5. Report from Board of Adjustment Members - None 6. New Business - None 7. Adjournment Mr. Bausch moved, seconded by Mr. Knoten to adjourn the meeting. YEA: Bausch, Knoten, Ramey NAY: None Motion carried: 3-0 and the meeting adjourned at 6:06 p.m. Cyndi Townsend, Recording Secretary "4010 REAL People • REAL Character • REAL Community TO: The Owasso Board of Adjustment FROM: Wendy Kramer, City Planner SUBJECT: OBOA 24-01 - Variance - 8243 & 8255 North Owasso Expressway DATE: November 22, 2024 BACKGROUND: The Community Development Department received a request for a Variance to allow for a reduction of the minimum frontage requirement for property zoned Industrial Light (IL). The subject property is located at 8243 & 8255 North Owasso Expressway, further described as Lots 3 & 4, Block 1, Three Lakes Industrial Park. This Variance request is being initiated due to the consideration of a lot split request (OLS 24-02) that was submitted to City Staff for internal review in September of 2024. SUBJECT PROPERTY/PROJECT DATA: Property Size 1.88 acres +/- Current Zoning Industrial Light (IL) Land Use Master Plan Commercial Within an Overlay District? No Within a PUD? No Water Provider City of Owasso Sewer Provider City of Owasso APPROVAL PROCESS: According to Appendix B, Article XIII, Section 3 of the Owasso Zoning Code: "The Board shall hold the public hearing and, upon the concurring vote of three (3) members, may grant a Variance only upon a finding that: a. The application of the Code to the particular piece of property would create an unnecessary hardship; b. Such conditions are peculiar to the particular piece of property involved; c. Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of the Code or the Land Use Master Plan; and d. The Variance, if granted, would be the minimum necessary to alleviate the unnecessary hardship. The Board, in granting a Variance, shall prescribe appropriate conditions and safeguards, and may require such evidence and guarantee or bond as it may deem necessary to enforce compliance with the conditions attached. A Variance which has not been utilized within one (1) year from the date of the order granting the Variance shall thereafter be void." ANALYSIS: The 1.88-acre subject property was platted in 1977 as two separate lots, further described as Lots 3 & 4, Block 1 of the Three Lakes Industrial Park subdivision. Per staff's research the OBOA 24-01 Page 2 two originally platted lots have been combined and have been legally described as one single lot since at least 1987. • The applicant intends to split the property back into its original two separate legal lots for the purpose of transacting said property. 0 As such, the applicant has submitted a Lot Split request (OLS 24-02) for the subject property; said request was reviewed by the Owasso Technical Advisory Committee in September of 2024 and is pending approval contingent upon Board of Adjustment action on this variance request. • The City of Owasso Zoning Code requires that lots within the IL zoning district maintain a minimum frontage (or lot width) of one hundred and fifty (150') feet. The subject property was originally platted such that Lot Three (3) had approximately one -hundred and nine (109') feet of frontage along North Owasso Expressway and Lot Four (4) had one - hundred and twenty (120') feet of frontage. 0 The lots to the north and south of this property still follow the original lot widths/lot frontages from the Three Lakes Industrial Park plat and are considered legal non- conforming. 0 The applicant's intent to split the subject property, despite the proposed split lot following the originally platted boundaries, would create two legal non- conforming lots. Per Section 7.4.1 of the Owasso Subdivision Regulations, "if the proposed tract(s) to be created do not meet the minimum Zoning Code standards, a Variance of the Zoning Code must be approved by the Board of Adjustment prior to the consideration, review, and approval or denial of any Lot Split, Lot Combination, or Lot Line Adjustment application." Hence the applicant is seeking approval of this zoning variance request to allow for the reduction of the minimum frontage requirement for Industrial Light (IL) zoned property as defined in Section 7.4 of the Owasso Zoning Code. As with any variance request, the determination must be made that the request meets each of the four (4) criteria outlined in the Oklahoma State Statute and the City of Owasso Zoning Code. After reviewing the criteria, staff has made the following findings for each of the listed criteria: The application of the ordinance to the particular piece of property would create an unnecessary hardship. Unnecessary hardship would result from the strict enforcement of the standard Bulk and Area Requirements on the subject property, as the subject property was originally platted under a previous iteration of the Zoning Code. The original lot configurations seen within said plat are now considered non -conforming under the current Zoning Code. Disallowing the applicant from returning the subject property to its original two -lot configuration due to minimum lot frontage(s) requirements, while adjacent lots within the same subdivision currently display similar non -conforming lot widths, would be overly burdensome and unnecessary. 2. Such conditions are peculiar to the particular piece of property involved. The fact that the subject property was platted as two separate lots under a previous Zoning Code, combined into one single lot, and is now proposed to be split back to its original platted configuration of two lots (under a new Zoning Code), is inherently peculiar. If the applicant's land were never combined as one legal lot of record, they would be allowed to exist as legal non -conforming lots under the current Zoning Code, similar to the other lots within this subdivision. Due to all of the surrounding lots having the same lot frontage deficient; extensive lot OBOA 24-01 Page 3 reconfiguration would be required to attempt to allow any of these lots to meet the current IL -zoned property lot frontage requirements. 3. Relief, if granted, would not cause substantial detriment to the public good, or impair the purposes and intent of the zoning ordinance or the Comprehensive Plan. While the subject property is considered legally to be one lot, the two buildings seen on said property reside within the original platted boundaries for Lots 3 and 4, respectively. The property has operated in its present condition, containing two buildings, since their construction back in 1987 and no major issues have surfaced. Therefore, allowing the subject property to have reduced lot frontage(s) in order to facilitate a lot split (OLS 24-02) should not harm the public good or circumvent the intent of the Owasso Zoning Code or Land Use Master Plan. Further, it has been determined by the Community Development Department that the variance, if granted, would not have adverse effects on other characteristics of the property, such as drainage, utilities, and easements. 4. The variance, if granted, would be the minimum necessary to alleviate the unnecessary hardship. The variance request is specific and restrained. It intends to provide relief only for the subject property, and simply codifies the legality of the original lot configuration on the subject property, as seen in the original subdivision plat. The variance request does not significantly alter the current configuration of the surrounding parcels. The applicant is aware that the approval of this variance request is needed prior to the approval of the associated lot split request (OLS 24-02). • In conclusion, staff finds that this particular variance request meets the four (4) criteria of the State Statues and Owasso Zoning Code. o The reduction in the required lot width(s) is being sought simply to allow the property owner to revert the subject property to its original platted configuration, via proposed OLS 24-02. o The variance, if granted would not functionally change the frontages of the subject property from what was originally platted. • 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 questions nor concerns from the surrounding properties. SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North Industrial Light (IL) Commercial Commercial City of Owasso South Industrial Light (IL) Commercial Commercial City of Owasso East Residential Multi -Family) (RMWest Residential Residential City of Owasso Agriculture AG U.S. Highway N/A City of Owasso RECOMMENDATION: Staff recommends approval of OBOA 24-01, allowing a reduction of the minimum frontage requirement for property zoned Industrial Light (IL). ATTACHMENTS: Aerial Map Zoning Map GrOwasso 2035 Land Use Master Plan Map Survey Exhibit dL- !, J, UV ' 1 ��fg �,— � fir- ', `— �.�„� �" b � • a. f jft _LE:.W Alt _ -- � �' { �� a Note: Graphic overlays may N not precisely align with physical Subject 0 100 200 400 features on the ground. Tract OBOA 24-01 1 1 , 1 I 29 21-14 Aerial Photo Date: 2023 M Feet RS-3 o AL � 0 0.01 0.03 0.05 0.08 1W Surrounding Zoning 0.11 (Miles OBOA 24-01 I Subject Tract RS-3 ti lM 19 Land Use Categories Parks/Recreation ,, Public/Institutional F *' Residential Transitional Neighborhood Mixed Redbud District �] . Neighborhood Commercial l'.tJ �• - � ,� � Commercial - �.�' �� Industrial/Regional Employment • _ ; z .t — ®US-169 Overlay F3 �� Q GrOwasso 2035 Land Use Master Plan - - , N 0 0.01 0.03 0.05 0.08 0.11 1 ' Subject Tract n Miles OBOA 24-01 N SITE F 7RTH VI C I NTY MAP NOT TO SCALE LEGAL DESCRIPTIONS: �IF� lii ��re19.r�►•�I1�U�r:�T.�1 LOTS THREE (3) AND FOUR (4), BLOCK ONE (1), THREE LAKES INDUSTRIAL PARK, AND ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF. TRACT 1: LOT THREE (3), BLOCK ONE (1), THREE LAKES INDUSTRIAL PARK, AND ADDITION TO THE CITY OF OWASSO. TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF. TRACT 2: LOT FOUR (4), BLOCK ONE (1), THREE LAKES INDUSTRIAL PARK, AND ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF. PROPERTY ADDRESSES: 8255 N OWASSO EXPY, OWASSO, OK 74055 - TRACT 1 8243 N OWASSO EXPY, OWASSO, OK 74055-TRACT2 D9/03�•zO� I I LOT 2 I LOT SPLIT EXHIBIT LOTS 3 & 4 OF BLOCK1 IN THREE LAKES INDUSTRIAL PARK A SUBDIVISION IN THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA PREPARED FOR: PRECISION ASSET MANAGEMENT, LLC rn IL bow oV � UQ 20 J z } Q N W 0 IL w U) U U) U W op } oz J 0 N90'00'00 "E 367.54' 6J 98' METAL BUILDING BASIS OF BEARINGS N00°10'00"W FOR THE WEST LINE OF LOT 3, BLOCK1 THREE LAKES INDUSTRIAL PARK I I I UTILITY EASEMENTtr_�I I I o I I i0 I I I I $ I DRAINAGE EASEMENT h ,O 55.0' cn N90'00'00 "E-339.03' I I 0 U 1 LOT 5 I I o VL) z 11 I I ( MCNALLY LAND SURVEYING SERVICES, LLC ® 0' 50' 100' ,10895 E SYCAMORE AVE CLAREMORE, OK 74019 ' PH.(918)946-2268 CA NO.: 8645 EXPIRES 06/30/2025 "4010 REAL People • REAL Character • REAL Community TO: The Owasso Board of Adjustment FROM: Alexa Beemer, AICP, Planning Manager SUBJECT: OBOA 24-02 - Variance: Lot 17, Block 1 Hawk's Landing DATE: November 22, 2024 BACKGROUND: The Community Development Department received a request for a variance to allow for a reduction of the minimum rear yard setback requirement for property located at 7402 North 154t" East Avenue. The subject property is approximately 0.17 acres in size and is platted as Lot 17, Block 1 of the Hawk's Landing subdivision. The property is currently zoned Residential Single Family (RS-3). SUBJECT PROPERTY DATA: Property Size 0.17 acres +/- Current Zoning Residential Single Family (RS-3) Current Use Vacant Land Use Master Plan Residential Within PUD? No Within Overlay? No Water Provider Rogers Rural Water District #3 Sewer Provider City of Owasso APPROVAL PROCESS: According to Appendix B, Article XIII, Section 3 of the Owasso Zoning Code: "The Board shall hold the public hearing and, upon the concurring vote of three (3) members, may grant a Variance only upon a finding that: a. The application of the Code to the particular piece of property would create an unnecessary hardship; b. Such conditions are peculiar to the particular piece of property involved; c. Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of the Code or the Land Use Master Plan; and d. The Variance, if granted, would be the minimum necessary to alleviate the unnecessary hardship. The Board, in granting a Variance, shall prescribe appropriate conditions and safeguards, and may require such evidence and guarantee or bond as it may deem necessary to enforce compliance with the conditions attached." A Variance which has not been utilized within one (1) year from the date of the order granting the Variance shall thereafter be void." ANALYSIS: • The 0.17-acre subject property is currently zoned RS-3, and is oriented along a curve in the adjacent public rood. OBOA 24-02 Page 2 • The subject property borders a Reserve Area along its western (rear) lot line. Said Reserve Area functions as a shared utility easement, and is twenty feet (20') wide. • Per the Owasso Zoning Code, the minimum rear yard setback for RS-3-zoned properties is twenty feet (20'). The applicant is requesting a variance from the City of Owasso Zoning Code- Section 4.5, "Bulk and Area Requirements in Residential Districts", to allow for a reduction of the minimum rear yard setback required. Specifically, the applicant is asking the Board to grant a reduction in the rear yard setback from twenty feet (20') to zero feet (0'). As with any variance request, the determination must be made that the request meets each of the four (4) criteria outlined in Oklahoma State Statute and the City of Owasso Zoning Code. After reviewing the criteria, staff has made the following findings for each of the listed criteria: The application of the ordinance to the particular piece of property would create an unnecessary hardship. When accounting for both the standard twenty-five foot (25') front yard setback and the standard twenty foot (20') rear setback, the actual developable area of the subject property is relatively small. Due to the unique geometry of the subject property, unnecessary hardship would result from the strict enforcement of the standard Bulk and Area Requirements. Without relief from the minimum rear yard setback, the property owner would have difficulty constructing a standard single-family house on the subject lot and thus using said lot for its intended purpose. 2. Such conditions are peculiar to the particular piece of property involved. As stated previously, the unusual shape of the subject property poses a challenge to development, when accounting for required setbacks. The subject lot's eastern property line is situated along a curve, creating an irregular pie -shaped lot that is effectively shallower than a standard single-family lot. The subject property's geometry differs greatly from the majority of the other lots seen within this subdivision, as the adjacent lots are largely rectangular in shape or are much wider/deeper in general. 3. Relief, if granted, would not cause substantial detriment to the public good, or impair the purposes and intent of the zoning ordinance or the Comprehensive Plan. Ultimately, it has been determined by the Community Development Department that the variance, if granted, would not have adverse effects on other characteristics of the property, such as drainage, utilities, and easements. The western edge of the subject property abuts a Reserve Area, which acts as a separate rear perimeter utility easement for Lots 1-17, Block 1 of this subdivision. Said Reserve Area is also to remain as open space, to accommodate the drainage needs of the subdivision. Given this information, staff has determined that the adjacent Reserve Area is expected to serve the same function as what would usually be provided by the required rear yard setback, thus negating the need for a rear yard setback on this subject property. 4. The variance, if granted, would be the minimum necessary to alleviate the unnecessary hardship. The variance request is specific and restrained. It intends to provide relief only for the subject property, and does not significantly alter the current configuration of the subject property or its surrounding parcels. • In conclusion, staff finds that this particular variance request meets the four (4) criteria of the State Statues and Owasso Zoning Code, outlined above. OBOA 24-02 Page 3 0 This request for a variance is being made due to the unique geometry of the subject property. 0 Granting the variance should not harm the public good, as the adjacent Reserve Area can function in the same way the rear yard setback would have in terms of utility access, open space, and drainage. 0 The variance, if granted, would not functionally change the dimensions of the subject property. Instead, it would simply allow the property owner to regain some buildable area on their lot. • 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. SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North Residential Single -Family Vacant Residential City of Owasso (RS-3) South Residential Single -Family Vacant Residential City of Owasso (RS-3) East Residential Single -Family Vacant Residential City of Owasso (RS-3) West Agriculture (AG) Residential Residential Rogers County RECOMMENDATION: Staff recommends approval of OBOA 24-02, allowing a reduction of the minimum rear setback from twenty feet (20') to zero feet (0') on the subject property, zoned RS-3. ATTACHMENTS: Aerial Map Zoning Map GrOwasso 2035 Land Use Master Plan Map Lot Exhibit - nnn i is A. y ; r ION gy JMMB SUBJECT TRACT IGQa u q 4 e Y. .. - ..nay-... � 1 ;. 404 r Note: Graphic overlays may N not precisely align with physical Subject 0 100 200 400 features on the ground. Tract OBOA 24-02 I 1 1 I 1 34 21-14 Aerial Photo Date: 2023 Feet I EIZON F. I 40�1 [ER5 YMMENTANNE RS-3 RS-3 0 0.02 0.04 0.07 0.11 0.14 Miles a Q�UuGaa r L_ ou AM -� Land Use Categories AMMON Parks/Recreation Public/Institutional Residential Transitional Pri Neighborhood Mixed Redbud District Neighborhood Commercial Commercial Industrial/Regional Employment ® US-169 Overlay GrOwasso 2035 Land Use Master Plan - - , N 0 0.02 0.04 0.07 0.11 0.14 ' Subject Tract n Miles OBOA 24-02 N 20' Utility Easement