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HomeMy WebLinkAbout2009.03.24_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 March 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 19"' day of March, 2009. U Larissa Darnaby OWASSO BOARD OF ADJUSTMENT Tuesday, March 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 24, 2009 Regular Meeting. 4. OBOA- 09 -03— Consideration and appropriate action related to a request for a Variance from the Owasso Zoning Code, to allow for an encroachment of the side yard setback in order to construct an in ground swimming pool, on property located at 9902 East 93`d Court North, recognized as Lot 14, Block 3, Fairways at Bailey IV Addition. 5. Adjournment PUBLIC NOTICE OF THE MEETING OF THE OWASSO BOARD OF ADJUSTMENT TYPE OF MEETING: DATE: TDME: PLACE: NOTICE FILED BY: TITLE: Regular March 24, 2009 6:00 PDY1 Old Central, 109 North Birch Larissa Darnaby City Planner Filed in the office of the Owasso City Cleric and posted at the north entrance to City Halt at 3:00 PM on the 19`f' day of March, 2009. LarLD nal'y OWASSO BOARD OF ADJUSTMENT Tuesday, Niarch 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 24, 2009 Regular Meeting. 4. OBOA- 09 -03— Consideration and appropriate action related to a request for a Variance from the Owasso Zoning Code, to allow for an encroachment of the side yard setback in order to construct an in ground swimming pool, on property located at 9902 East 93"' Court North, recognized as Lot 14, Block 3, Fairways at Bailey IV Addition. 5. Adjournment CITY OF OWASSO P.O. BOX 180 OWASSO, OKLAHOMA 74055 (918) 376 -1500 FAX (918) 376 -1597 oq_o3 OBOA # BOARD OF ADJUSTMENT S - �&I a { PTT ON, INTERPRETATION OR APPEAL THE FOLLOWING INFORMATION TO BE SUPPLIED BY APPLICANT ACTION REQUESTED Special Exception Y _ Interpretation of Zoning Text Appeal front Building Inspector Interpretation of Zoning Map Describe below the specifics of your request. Where applicable, indicate pertinent uses, distances, dimensions, etc. Please attach any plot plans, photographs and other factual information that will assist the Board in determining the merits of your request. �Riz1 ilr1A %0 u I� �wt�hln 5 �'��_7�ro��rd�i line PROPERTY LEGAL DESCRIPTION: Name and address of Record Owner Address or General Location of Property kennn,�rl i +amav oqo '13rd CT N As applicant, what is your interest in this property? Name of Petson to be1 b`�ill�e-d_ for publication: Present Owner _Agent for Owner k %lf(hVlflb'fI ti fN✓YI CW Purchaser _Other Mailing Address: Attorney for Owner k a C I3va a N n0IL'y -b Oy- l ao t> Phone Number I bbl �b(j I DO HEREBY CERTIFY THAT THE SIGNATURE DATE INFORMATION HEREIN q SUBMITTED IS COMPLETE, TRUE & ACCURATE Please submit the completed application form and application fee ($1.00.00), along with A Certified 300' radius Report (available from an abstract company) to the Owasso City Planner on or before the first day of the month in which the request is to be heard by the Board. This is a quasi - judicial proceeding. The applicant or applicant's agent must he Present at the hearing to receive approval. NOTICE OF A HEARING BEFORE THE BOARD OF ADJUSTMENT OF TIIE CITY OF OWASSO, OKLAHOMA. Case Number OBOA -09 -03 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 24" day of March, 2009. At that time and place the Owasso Board of Adjustment will consider a request for a variance from K. Branton Hamar to ALLOW THE REDUCTION OF THE REQUIRED SIDE YARD SETBACK TO ALLOW FOR THE CONSTRUCTION OF A SWIMMING POOL on a property zoned RS -3 (Residential Single - Family), located at 9902 East 93rd Court North. 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 maps showing the property location may be inspected in the Community Development Department, III N. Main Street, Owasso, Oklahoma, 74055, or by calling 376 -1500. Dated at Owasso, Oklahoma, this 5'' day of March, 2009. Marsha Hensley Assistant City Planner MEMORANDUM TO: BOARD OF ADJUSTMENT CITY OF OWASSO FROM: LARISSA DARNA13Y CITY PLANNER SUBTECT: OBOA- 09 -03, A REQUEST FOR A VARIANCE TO ALLOW FOR TIIE ENCROACHMENT OF A SIDE YARD SETBACK. DATE: MARCH 16, 2009 BACKGROUND The City of Owasso has received a request from Mr. and Mrs. Hamar, applicant, for a Variance from the Owasso Zoning Code, to allow for an encroachment of the side yard setback in order to construct an in ground swimming pool. LOCATION The subject property is located at 9902 East 93rd Court North, Owasso, OK as part of Fairways at Bailey Ranch. EXISTING LAND USE Residential SURROUNDING LAND USE North: Attached Single - Family Residential South: Residential East: Residential West: Residential PRESENT ZONING RS -3, Planned Unit Development Number 3 (Residential Single - Family Medium Density District) ANALYSIS The Board of Adjustment, upon application, may grant variances from the terms of the Owasso Zoning Code only upon a finding that the variance will not cause substantial detriment to the public good or impair the spirit, purposes and intent of the code, or the Comprehensive Plan, where by reason of exceptional narrowness, shallowness, shape, topography, or other extraordinary or exceptional situation, condition, or circumstance peculiar to a particular property, the literal enforcement of the code will result in unnecessary hardship. The staff has evaluated the request, and finds that approval of the variance will not result in any detrimental impact on the surrounding area. It is the opinion of the staff that the character of the neighborhood will not be adversely affected by granting the variance. The applicant is requesting a variance from the Owasso Zoning Code to allow an in ground pool to encroach over the existing side yard setback. As shown in the attached location map, the dimensions of the lot and placement of the house leave a small rear yard in which to construct a pool. Additionally, it is the opinion of the staff that the addition of the pool shall enhance the value of the property and the character of the neighborhood will be positively affected by granting a variance. 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. Staff received no inquiries concerning OBOA 09 -03. RECOMMENDATION Staff recommends approval of OBOA 09 -03. ATTACI-IMENTS 1. General Area Map. 2. Site Sketch 3. OBOA -09 -03 Application. 4. 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