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HomeMy WebLinkAbout2009.02.24_Board of Adjustment AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO BOARD OF ADJUSTMENT TYPE OF MEETING: DATE: TIME: PLACE: NOTICE FILED BY: TITLE: Regular February 24, 2009 6:00 PM Old Central, 109 North Birch Larissa Darnaby City Planner Filed in the office of the Owasso City Clerk and posted at the north entrance to City Hall at 3:00 PM on the 16t'' day of February, 2009. M.o,i c nn Larissa Darnaby OWASSO BOARD OF ADJUSTMENT Tuesday, February 24, 2009, 6:00 PM Old Central, 109 N. Birch AGENDA 1. Call to Order 2. Roll Call 3. Approval of Minutes from the February 2, 2009 Regular Meeting. BOARD OF ADJUSTMENT PUBLIC HEARING 4. OBOA- 09 -02— Request for a special exception to allow a temporar vendor to sell plants on property zoned CS (Commercial Shopping), located at 11618 East 86" Street North. 5. Other Business 6. Adjournment ti PUBLIC NOTICE OF THE MEETING OF THE OWASSO BOARD OF ADJUSTMENT TYPE OF MEETING: DATE: TIME: PLACE: NOTICE FILED BY: TITLE: Regular February 24, 2009 6:00 PM Old Central, 109 North Birch Larissa Darnaby City Planner Filed in the office of the Owasso City Clerk and posted at the north entrance to City Hall at 3:00 PM on the 16 °i day of February, 2009. Larissa Darnaby OWASSO BOARD OF ADJUSTMENT Tuesday, February 24, 2009, 6:00 PM Old Central, 109 N. Birch AGENDA 1. Call to Order 2. Roll Call 3. Approval of Minutes from the February 2, 2009 Regular Meeting. BOARD OF ADJUSTMENT PUBLIC HEARING 4. OBOA -09 -02— Request for a special exception to allow a temporary vendor to sell plants on property zoned CS (Cornmcrcial Shopping), located at 11618 East 86 °i Sheet North. 5. Other Business 6. Adjournment NOTICE OF A HEARING BEFORE THE BOARD OF ADJUSTMENT OF THE CITY OF OWASSO, OKLAHOMA. Case Number OBOA -09 -02 Notice is hereby given that a public hearing will be held before the Owasso Board of Adjustment in the Owasso Old Central, 109 North Birch, Owasso, Oklahoma at 6:00 PM on the 24th day of February, 2009. At that time and place the Owasso Board of Adjustment will consider a request for a special exception from Under The Sun Garden Center, Inc. to ALLOW A NON- PERMANENT VENDOR (flower gardening tent) in the Three Lakes Shopping Center parking lot located at 11618 East 86' Street North (formerly occupied by Popeye' s Chicken), Owasso, Tulsa County, Oklahoma. All persons interested in the above mentioned matter are hereby notified to be present at the above mentioned time and place in order to present their arguments for or against same. Information and [naps showing the property location may be inspected in the Community Development Department, 111 N. Main Street, Owasso, Oklahoma, 74055, or by calling 376 -1500. Dated at Owasso, Oklahoma, this 4th day of February, 2009 Marsha Hensley Assistant City Planner •, -Mil I TO: BOARD OF ADJUSTMENT CITY OF OWASSO FROM: LARISSA DARNABY CITY PLANNER SUBJECT: OBOA- 09 -02, A REQUEST FOR A SPECIAL EXCEPTION TO ALLOW FOR A NON - PERMANENT VENDOR IN A COMMERCIAL SHOPPING DISTRICT DATE: FEBRUARY 16, 2009 BACKGROUND The City of Owasso has received a request from Under the Sun Garden Center for a Special Exception of the Owasso Zoning Code, Section 1002, Area wide Special Exception Uses, TO ALLOW FOR A NON - PERMANENT VENDOR IN A COMMERCIAL SHOPPING DISTRICT on property zoned CS (Commercial Shopping Center District). The proposed use will be outdoor gardening sales with the premise containing one tent. LOCATION The subject property is located in the Three Lakes Shopping Center parking lot (formerly occupied by Popeye' s Chicken) located at 11618 East 86' Street North. EXISTING LAND USE Retail — Parking Lot PRESENT ZONING CS (Commercial Shopping) Zoning Designation APPLICABLE REGULATIONS Owasso Zoning Code, Section 620 - Accessory Uses Permitted in Commercial Districts, Section 1002 — Area wide Special Exception Uses and Section(s) 1400 through 1490 - Board of Adjustment. ANALYSIS According to the Owasso Zoning Code, the Board of Adjustment may grant a 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. Provided that 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. The applicant is requesting a special exception from the Owasso Zoning Code to allow for a non- permanent vendor in a commercial shopping district. The proposed use of the property is as a gardening tent. A site map is included with your packets. In previous years, this vendor has been approved to be located in the Reasor's parking lot down the street from the proposed site. Staff believes that all criteria have been met relative to the special exception language in the Owasso Zoning Code. Staff finds that the application is consistent with stated intent of the zoning code and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. 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. Issues that should be addressed by this Board are related to signage, trash receptacles and the length of time that the use of the property is allowed. Staff would recommend that all signage for the use must be approved by City staff and that on -site trash receptacles must be provided by the applicant RECOMMENDATION Staff recommends approval of OBOA- 09 -02, for a ten year period, subject to following conditions: 1. All signage be reviewed by the City Staff to ensure the strict adherence to the Owasso Sign Code. 2. The applicant must provide on -site trash receptacles. 3. The applicant must get annual approval from the City Planner prior to locating the business on site. 4. Applicant must provide the city with a copy of their `fax I. D. number each year. 5. Said tent structure must be placed on a hard surface, all weather material. No part of the structure to be located in grass area. 6. The structure may only be erected from March 151 through July 30ih and September I" through November 15 °i of each year. ATTACHMENTS 1. General Area Map. 2. General Site Map 3. OBOA -08 -03 Application. 4. Copy of Legal Advertisement. D Exhibit of R14E a Part of Lot 15 ofSbek3 Tutee Lakes f� tir IT 21 N Scale: 1"=4V 0 20 40 Location IAOD 88TH ST. PXR m POINT OF COMMENCEMENT NE CORNER OF LOT 15 OF pqp BLOCK 3, THREE LAKES 317.J.4 4 �h RIGHT OF WAY 89'67'36" 81 C QM 9 A _,+? 50 BUILDING LNE AV ti1 >/ /I STORY k POINT OF BEGINNING /43 /� / BUIULDi G % c /J'� /J�' f .ni• i / iii.' -nu O. /J9 C w j /77 N 89.67'36 if 35 �P 15 { �h Legal Description A TRACT OF LAND IN THE NORTHWEST QUARTER (NW /4) OF SECTION TWENTY —NINE (29) OF TOWNSHIP TWENTY —ONE (21) NORTH AND RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN (I.B.BlA.), ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, CITY OF OWASSO. TULSA COUNTY, STATE OF OKLAHOMA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF LOT FIFTEEN (15) OF BLOCK THREE (3) OF THREE LAKES, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY. OKLAHOMA ACCORDING TO THE RECORDED PLAT THEREOF'; THENCE DUE WEST ALONG THE NORTH LINE OF SAID LOT A DISTANCE OF 317.24 FEET; THENCE DUE SOUTH A DISTANCE OF 40.59 FEET TO THE POINT OF BEGINNING; THENCE S O'OT25' W A DISTANCE OF 53.00 FEET; THENCE N 8957'35' W A DISTANCE OF 97.00 FEET; THENCE N OOY25' E A DISTANCE OF 17.71 FEET; THENCE N 3676'47' E A DISTANCE OF 43.75 FEET; THENCE S 893733' E A DISTANCE OF 71.14 FEET TO THE POINT OF BEGINNING, AND CONTAINING 4,685 SQUARE FEET, MORE OR LESS THE BEARINGS STATED HEREON ARE BASED ON SAID THREE LAKES PLAT OF RECORD. Benchmark Surveying and Land Services, Inc. REVISED 05- 05 -08 °' m ` n e'n' " "' ®' WO,p 13233 DATE:03 /26/07 FILE 2114.2940 thin" � VIA- AT ® ©zava,.. thin" � VIA- AT