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HomeMy WebLinkAbout2025.06.24 Board of Adjustment AgendaOWASSO BOARD OF ADJUSTMENT G,-V�q OF OWASg ' O l {� l 1904 AND OF THE TRPi June 24, 2025 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, .dune 24, 2025 - 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 i. Call to order ,UN 2. Roll Call City Cferk's Ottaco 3. Consideration and appropriate action relating to the election of the Chair 4. Consideration and appropriate action relating to the election of the Vice Chair 5. Consideration and appropriate action relating to the minutes of the May 27, 2025, Regular Meeting 6. Consideration and appropriate action relating to a setback variance request (OBOA 25-05) to allow a reduction in the minimum setback distance from abutting residential district boundaries for approximately 2.00 acres +/-, located at 8199 North 1161" East Avenue, zoned Industrial Light (IL) Wendy Kramer 7. New Business (any business item unforeseen at the time of posting the agenda) S. Adjournment Notice of Public Meeting filed in the office of the City Clerk on Friday, December 13, 2024, and the agenda posted at Owasso City Hail, 200 South Main Stre , at T 1:30 am on Monday, June 16, 2025. J- The nn M. Stevens, City Clerk City of Owasso encourages citizen participation. To requaccommodation due to a disability, contact the City Clerk by phone 918-376-1502 or by email to istevens@citvofowasso.com OWASSO BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING TUESDAY, May 27, 2025 The Owasso Board of Adjustment met in regular session on Tuesday, May 27, 2025, in the Council Chambers at Old Central, 109 North Birch Street, Owasso, Oklahoma, per the Notice of Public Meeting filed Friday, December 13, 2024; and the agenda filed in the office of the City Clerk and posted at City Hall, 200 South Main Street, at 8:30 am on Friday, May 23, 2025. 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 Dempster, Community Development Director Vice Chair - Jim Bausch - Dean Knoten Alexa Beemer, Planning Manager Board Member - Kyle Davis Cyndi Townsend, Recording Secretary Board Member - Heather Cunningham Julie Lombardi, City Attorney 3. Consideration and appropriate action relating to the minutes of the February 25, 2025, Regular Meeting Mr. Bausch moved, seconded by Mr. Davis, to approve the Minutes as presented. YEA: Davis, Cunningham, Bausch, Ramey NAY: None Motion carried: 4-0 4. Consideration and appropriate action relating to a special exception request (OBOA 25-04) to allow for the construction of a single-family dwelling not otherwise allowed by right within the Residential Mobile Home Park (RMH) zoning district, on approximately 0.25 acres +/-, located at 11410 North 1091h East Avenue Mrs. Cunningham recused herself from discussion and consideration and left the chambers at 6:11 pm. Alexa Beemer presented the item. After discussion, Mr. Bausch moved, seconded by Mr. Ramey, to approve the special exception OBOA 25-04. YEA: Ramey, Bausch, Davis NAY: None Motion denied: 3-0 Mrs. Cunningham returned to the chambers at 6:16 pm. 5. Report from Board of Adjustment Members - None 6. New Business - None 7. Adjournment Mr. Davis moved, seconded by Mr. Ramey, to adjourn the meeting. YEA: Cunningham, Ramey, Bausch, Davis NAY: None Motion carried: 4-0 and the meeting adjourned at 6:17 p.m. Cyndi Townsend, Recording Secretary Item #1 "4010 REAL People • REAL Character • REAL Community TO: The Owasso Board of Adjustment FROM: Wendy Kramer, City Planner SUBJECT: OBOA 25-05 - Variance: 8199 North 1 16t" East Avenue DATE: June 20, 2025 BACKGROUND: The Community Development Department received a request for a variance to allow for a reduction in the minimum setback distance from abutting residential district boundaries for property located at 8199 North 116t" East Avenue. The subject property is approximately 2.0 acres and is platted as Lot 6 and Lot 7, less the South 20 feet, Block 1 of Three Lakes Industrial Park Phase II. The property is currently zoned Industrial Light (IL). SUBJECT PROPERTY DATA: Property Size 2.0 acres +/- Current Zoning Industrial Light (IL) Current Use Industrial Land Use Master Plan Industrial Within PUD? No Within Overlay? 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 2-acre subject property is currently zoned IL, and the current building on the property is located on two lots at the end of a cul-de-sac that together form a pie -shaped piece OBOA 24-02 Page 2 of property. Additionally, the current building is oriented at an angle within the center of the property. A thirty-foot (30') detention easement exists along the northern property line, containing a blue line stream that runs through the property. The subject property borders properties zoned Residential Multi -Family (RM) along its northern lot line and borders properties zoned Residential Duplex (RD) on its eastern lot line. • Per the Owasso Zoning Code, the minimum setback for IL -zoned properties from a Residential Zoning District is seventy-five feet (75'). o The current building on the property was constructed under a previous iteration of the zoning code. The existing building appears to be setback approximately less than sixty (60) feet from the two adjacent residential districts, as measured from current building's two closest points to their respective property lines. ■ These distances were given to the applicant as a courtesy from the City's GIS software and are not survey -grade measurements. The applicant is requesting a variance from the City of Owasso Zoning Code - Section 7.4, "Bulk and Area Requirements in Industrial Districts", to allow for a reduction of the minimum setback from Residential -zoned district boundary lines on IL -zoned property. Specifically, the applicant is asking the Board to grant a reduction of the minimum setback required from seventy-five (75') to forty-eight feet (48') along the northern property line and fifty feet (50') along the eastern property line. o Approval of this request would allow the applicant to construct a sixty -by -sixty - foot (60'x60') addition to the northeastern side of the current building on the site. 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. Unnecessary hardship could result from the strict enforcement of the standard Bulk and Area Requirements on the subject property, as the subject property was originally developed under a previous iteration of the Zoning Code. The existing building lies within the required seventy -five-foot (75') setback, and thus is currently consider legal non -conforming. Strict application of said current setback requirement also results in only a small, irregularly shaped, amount of buildable space remaining on the northeast portion of the property where an expansion could be located due to the triangular nature of the lot. 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. Given the triangular nature of the lot it additionally doesn't allow for a uniform shape for buildable area, when accounting for required setbacks. This shape of the subject property also differs from the other industrial lots within this area. 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, should not have adverse effects on other characteristics of the property, such as drainage, utilities, and easements. Other industrial lots in this same area display building setback distances from adjacent Residential District that OBOA 24-02 Page 3 are similar to what the applicant is requesting to be allowed with this Variance request. Further, per zoning code, fencing will still be required to buffer from the adjacent residential properties and the drainage easement along the northern property line will still be required to be preserved as well. 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. 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 it is in keeping with a similar setback distance that the surrounding Industrial Light -zoned properties in this area maintain with other adjacent Residential Districts. 0 The variance, if granted, would allow the owner to gain back buildable space on their property will continuing to maintain that uniform distance from the adjacent residential zoning district 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. SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North Residential Multi -Family Residential Residential City of Owasso (RM) Apartments South Industrial Light (IL) Industrial Industrial City of Owasso East Residential Duplex (RD) Residential Duplexes Residential City of Owasso West Residential Multi -Family Residential Apartments / Residential / City of Owasso (RM)/Industrial Light (IL) Industrial Industrial ATTACHMENTS: Aerial Map Zoning Map GrOwasso 2035 Land Use Master Plan Map Property Exhibits • 1 ,#, sue./� ` ` v ` 1 :': " , p " r- . a. p7 .4 a _ _ u ve A�` 2 (]�1/7 � � 1111 1 IA IIA �IAe A �/ ..y ;Y•. � � , t �✓ F MOM wo 46 r �+ A e R 16 ; � Z' � <' ���i; '� �Q I�'��,y" " _ �� �,`" � --` - � Y .�. •� ° A� � •+--. -ter ` ' �`- : �- f.r e . y .. . e+ . . : r j� w 4 It IW SUBJECT TRACT'-_� w IL a _ _ R . �.. - ■ 1 P. � � = �;N.. . off, r� l}' PA A P 1 w - .L rs ' _�e,�•- I low y OL 21 x �. .• � '� -sue • - a ! p4 Note: Graphic overlays may N ® not precisely align with physical Subject features on the ground. Tract 080Q 25-05 1 I 1 I 1 29 21-14 0 100 200 400 Ct Aerial Photo Date: 2023 Feet 0 0.01 0.03 0.05 0.08 p„ Surrounding Zoning Subject Tract N """e5 OBOA 25-05 A i DrrWit �I � O . Ji • 3 = �' n E83RDSTN E 8�2ND PL N Q��GI Q��u Gl s bir 7TId •i � _ it -tee.. � � '` � � � P I �� J i 1��" Land Use Categories Parks/Recreation Public/Institutional Residential Transitional � � � Neighborhood Mixed edb M R ud District o _ G.+ Neighborhood Commercial Commercial Industrial/Regional Employment ® US-169 Overlay a GrOwasso 2035 Land Use Master Plan - - N 0 0.01 0.03 0.05 0.08 o.imil- I Subject Tract A OBOA 25-05 - - ,UFACTURING B bF9 I C{'030 7.7 606.62 TBK4% 603. � '/yilSj 6O Q61 6t�i1 9 T02. n) 6 5.16 ba GEO32 e0 O� 4" 6. 9 606.02 ba,TBK7 (� 602.4 t 6�60EC L-7 f. 606.(D0 16 4y T�l� �1� G4 41p ® . a726+.i *oELo 044 M^) �d 056 n p 1 ifl Oe Itdk'}',14k" x 6Q4a 5,70 F 95.36 TBK¢6(, 602.36 �` 3` , • NE tp rt5 PAfJ�y ¢ a 04.5 db45 6 a i7p� b 1 0 dl0y 4.616, �D 6p 0 605.97 ).8 T 6 4 i8 10 9 4Qab46 604.76 5 g23 i �Qp .: 'b. A� 60 .41 1 Xr3Pgq0 q, #yPL22 602.`ELy5or 18 LT: a d6l7 602.Biis0�� n -7 �I wt'.S©, D -6602183 06Q4 41 1019 01, 2 010 6 EL41 .09 03.24 b 06h "PhF-�F�l,Go"o Floor -.- G gJIa • E052 5.71 05.7801,03 b0'�0t191G 95 6 batt70 60 - 1 8 (gf ,,6,La, 6' '050 b 6 TBM: CHISELED 'X' IN 6B05�.�'FTb51 -'�005.16 U 605.71 6.83 ST CURB. ELEV=602.18' 2.09 105.5 3�8 IPF 602.,4 . 10 0 605.76 606`7 T snik 506.a6 6 6.30 ba1t* M EL 1t GU 2 �h106�605 60�t SUMMARY OF ELEVATION INFORMATION SUBJECT PROPERTY LIES IN ZONES A4, B & C PER THE F.I.R.M. COMMUNITY PANEL NO, 400210 0002D, REVISED APRIL 15, 1992 OR THE UNITED STATES ARMY CORPS OF ENGINEERS FLOOD PLAIN MANAGEMENT DIVISION. BENCHMARK: BK 95-4-10 SOURCE OF FLOODING: BIRD CREEK TRIBUTARY 5A BASE FLOOD ELEVATION: RANGES FROM 604' ON THE WEST SIDE OF SUBJECT PROPERTY TO 606' ON THE EAST SIDE OF SUBJECT PROPERTY. LEGAL DESCRIPTION AS PROVIDED: LOT SIX (5) AND SEVEN (7). THREE LAKES INDUSTRIAL. PARK PHASE 11, AN ADDITION TO OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF. SURVEYOR'S STATEMENT Y OKLA`0MA CORPORATION, AND THE UNDERSIGNED, TOM A. HAYNES, REGISTERED PROFESSIONAL LAND SURVEYOR N0. 1052, UNDER CERTIFICATE OF AUTHORIZATION E THAT THIS PLAT 15 MADE FOR THE SOLE PURPOSE OF SHOWING ELEVATIONS OF SELECTED POINTS ON THE PROPERTY DESCRIBED HEREON AND 15 NOT A LAND OR ANY INFORMATION OTHER THAN THE ELEVATIONS SHOWN HEREON IS GRAPHIC IN NATURE ONLY AND MAY NOT BE USED OR RELIED UPON FOR LOAN'CLOSING PURPOSES. ESTABLISHMENT OF FENCE, BUILDING OR OTHER IMPROVEMENTS, OR ANY OTHER MATTERS FOR WHICH THIS ELEVATION SURVEY WAS NOT PREPARED; THAT THIS ALLY OMITS ENCROACHMENTS OR ENCUMBRANCES (IF ANY), EASEMENTS. AND BUILDING SETBACK LINES (IF APPLICABLE), AND OUTBUILDINGS: AND THAT THE N HEREON IS SUBJECT TO R€VISION AS DEEMED NECESSARY BY THE UNITED STATES ARMY CORPS OF ENGINEERS AND/OR THE FEDERAL EMERGENCY MANAGEMENT r-----�7 l� WITTEN INDUSTRIES OWASSO, OK