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HomeMy WebLinkAbout1993.11.23_City Council Agenda_Special PUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Special DATE: November 23, 1993 TIME: 7:00 p. m. PLACE: Owasso City Hall Conference Room Notice and Agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 3:00 p.m. on Friday, November 19, 1993. Marci Boutwell, Counc' Clerk AGENDA 1. Call to Order 2. Roll Call 3. Consideration and Appropriate Action Relating to a City Initiated Request to Amend the Zoning Code of the City of Owasso, Relating to Chapter 4, Section 430, "Bulk and Area Requirements in Residential Districts"; More Specifically, to Allow for Residential Dwelling Units to Exceed 26 Feet in Height. Mr Rooney Attachment #3 Staff will recommend Council approval of the proposed text amendment. 4. Adjournment ~~ MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: TIMOTHY ROONEY, CITY PLANNER SUBJECT: PROPOSED TEXT AMENDMENT - OWASSO ZONING CODE SECTION 430, "BULK AND AREA REQUIREMENTS IN RESIDENTIAL DISTRICTS DATE: November 19, 1993 BACKGROUND: The Owasso Zoning Code, adopted in 1974, restricts the height of residential structures to a maximum of 26' (measured from the ground to the highest horizontal point of the structure, excluding the chimney). For the past ten years (according to building permit records), the staff has not placed a priority on a strict enforcement of that restriction because until the past three years we have not had requests for homes of that size. However, there have been several instances in the recent past when building permits were approved for residential structures, when in fact, the height of the home exceeded the legal restriction. In most of the cases the building permit either listed an incorrect height, or the description simply stated "meets code requirements". That staff has determined that these exceptions exist in the following subdivisions: Windsor Lake, Copper Meadows, and Double Oaks. Generally, the exceptions are not greater than four feet above the height limit, however there are a few cases where the height of the home is near 35' (9' above the limit). Approximately five weeks ago, staff denied a building permit for a residential structure that had a height listed on the application as being 6' higher than the allowable limit. The applicant was informed that the Zoning Code permitted structures up to a height of 26 feet, and the only recourse to the denial was to apply for a variance from the Owasso Board of Adjustment. The applicant subsequently filed for a variance to the zoning code requirements and the Board of Adjustment granted the variance on October 26, 1993. The decision of the Owasso Board of Adjustment was strongly influenced by comments from the Owasso Fire Chief, who, at the Board's request, was present to explain the fire safety aspects of the building height restrictions (such restrictions being solely related to the ability of the department to successfully and safely fight a residential fire with the equipment available). At the Board of Adjustment meeting Chief Allen explained that maximum height of a structure varies in definition from the zoning code to the fire department. While the Zoning Code defines maximum height as "the vertical distance measured from the average ground elevation at the building wall to the highest horizontal point of the structure", the fire department considers maximum height to be "the elevation of the floor plate level of the highest livability space within the structure." Mr. Allen explained that the fire department had the ability to reach a floor plate elevation of 30 feet. The floor plate for the highest livability space within the structure in question was well below the 30 feet maximum height explained by Mr. Allen. Planning staff has no objections to homes being permitted at a higher height than 26 feet as defined in the zoning code, provided that the fire department has no concerns. The building permit was denied due to the simple fact that the Zoning Code had 26 feet listed as the highest permitted height. In fact, any application reviewed during the current planning staff's tenure (October 5, 1992 to present) has been denied if the height listed on the application was above 26 feet. Zoning Codes of other municipalities have been reviewed recently in light of this confusion. The City of Tulsa, Broken Arrow, and Sand Springs all list the maximum height of a residential structure being 35' in all RS Districts. Maximum height is defined within their zoning codes in the same manner that the City of Owasso's Zoning Code defines maximum height. Again, it should be stressed that staff has no objections to a higher height limit providing the fire department's requirements are met. The Owasso Planning Commission reviewed the text amendment request at their November 18, 1993 meeting. At that meeting, several questions arose as to the "proper" wording of how maximum height would be defined. If one were to state that the maximum height would be 30 feet at the floor plate elevation of the highest livability space, it is conceivable that a home could at least reach to a height of at least 38 feet (30 feet to the floor plat plus an additional 8 feet to the ceiling). This would not include any type of peaked roof as well. The Planning Commission felt that a better measurement of maximum height would be from the average ground elevation at the building wall of the structure to the top of the ceiling of the highest habitable space within the structure, said height being 30 feet. Chief Allen, who was present at the public hearing, had no objections to this proposal. The notices for the proposed text amendment were published in both the Tulsa Daily Legal News on November 1, 1993 to meet the 15 day legal notification requirement, and the Owasso Reporter on Thursday, November 4th as a courtesy gesture. RECOMMENDATION• The Owasso Planning Commission unanimously recommended that the building height limit be amended to read as follows: BULK AND AREA REQUIREMENTS IN THE RE RS AND RM DISTRICTS RE RS-1 RS-2 RS-3 RD RTH RM-1 RM-2 STRUCTURE HEIGHT 30* 30* 30* 30* 30* 30* 30* 30* * Residential dwelling structure height is more specifically defined as the vertical distance measured from the average ground elevation at the building wall to the top of the ceiling of the highest habitable floor and that height shall be a maximum of 30 feet.