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Home My WebLink About2009.07.28_Board of Adjustment AgendaPW III '017 T U AL M. INL� UNVASMC -.';UARD TVPV 41F WFUNQ DAW WME: -PT �A, 1C F: WITIC17 A-1,11 TIT! IT: P F? MY !I V09 la!';ss; Panlah""', city Manne, ,!` 'iled in, Me ofM 0%vaqsn CR; r"I& ind 1xvied ai The =0 entraive io Sly WH Ed 1:00, V�114' the 71' dal �-'f Jldy' ""00P OIL (AVASS01 W)ARD 011 ADJUSTNATAY T:i,'-sday; J44 7""' Y009.' 6-00 P1'1 0W Awrah 100 T? TAS ACRADPA 1. GO it, 01 A 2, Roll Call, 3. AII)kwa I MA ton o! as it Me We W, 7009 Rep Jar Men i q-,,, "l FIC)ARD I 01MA-81411 (Omni do, bw and appg)p! M a a ),f ln i f,,(-1 ti.7 a n:,,_1 � i ! Pw i Q& d I (Cornmerdal Shopping Center Disifict). The proposed use of the properly is as a snow, cone vendor, and is located new the southwest corner of last 96"' Street North and North Garnett Road, on Lot 1, Block .1, Caudle Center (adjacent to the Bank of Oklahoma tract). PUBLIC NOTICE OF THE MEETING OF THE OWASSO BOARD OF ADJUSTMENT TYPE OF MEETING: Regular DATE: July 28, 2009 TIME: 6:00 PM PLACE: Old Central, 109 North Birch NOTICE FILED BY: Larissa Darnaby TITLE: 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 21�` day of July, 2009. Larissa Darnaby OWASSO BOARD OF ADJUSTMENT Tuesday, July 28, 2009, 6:00 PM Old Central, 109 N. Birch AGENDA 1. Call to Order 2. Roll Call 3. Approval of Minutes from the June 23, 2009 Regular Meeting. BOARD OF ADJUSTMENT PUBLIC HEARING 4. OBOA- 09 -05— Consideration and appropriate action related to a request for a Special Exception of the Owasso Zoning Code, Section 1002, Areawide Special Exception Uses, to allow for a non - permanent vendor in a commercial district on property zoned CS (Commercial Shopping Center District). The proposed use of the property is as a snow cone vendor, and is located near the southwest corner of East 961" Street North and North Garnett Road, on Lot 1, Block 1, Caudle Center (adjacent to the Bank of Oklahoma tract). 5. Other Business 6. Adjournment NOTICE OF A HEARING BEFORE THE BOARD OF ADJUSTMENT OF THE CITY OF OWASSO, OKLAHOMA. Case Number OBOA -09 -05 Notice is hereby given that a public hearing will be held before the Owasso Board of Adjustment in the Old Central Building located at 109 North Birch, at 6:00 PM on July 28, 2009. The Owasso Board of Adjustment will consider a request for a Special Exception to the Owasso Zoning Code to ALLOW FOR A NON - PERMANENT SNOW CONE VENDOR IN A COMMERCIAL SHOPPING DISTRICT on a property zoned CS (Commercial Shopping Center District). The property is located at the southwest corner of East 96'h Street North and Garnett Road. 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 at the Community Development Department, 111 N. Main Street, Owasso, Oklahoma, 74055, or by calling 376 -1540. Dated at Owasso, Oklahoma, this 6" day of July, 2009. Marsha Hensley Assistant City Planner MEMORANDUM TO: BOARD OF ADJUSTMENT CITY OF OWASSO FROM: LARISSA DARNABY CITY PLANNER SUBJECT: OBOA -09 -05 DATE: JULY 16, 2009 BACKGROUND: The City of Owasso has received a request from Aaron Kern for a Special Exception of the Owasso Zoning Code, Section 1002, Areawide Special Exception Uses, to allow for a non- permanent vendor in a commercial district on property zoned CS (Commercial Shopping Center District). The proposed use of the property is as a snow cone vendor. LOCATION: The subject property is located near the southwest corner of East 9e Street North and North Garnett Road, on lot 1, block 1, Caudle Center (adjacent to the Bank of Oklahoma). EXISTING LAND USE: Commercial Shopping Center hosting a variety of service type uses. PRESENT ZONING: CS (Commercial Shopping Center District) 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 snow cone vendor. A site map is included with your packets. The applicant did receive a letter from the owner allowing him to utilize the property. Per the site sketch, the snow cone stand will be located in the northeast corner of Lot 1, Block 1, Caudle Center — directly west of the Bank of Oklahoma tract. 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 -05, 2012, subject to following conditions: for a three year period, though September 15, 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. The establishment may not open prior to March 31'h of each year, and cease operations by September 15'h of each year. ATTACHMENTS: 1. General Area Map 2. Legal Notice 3. OBOA -09 -05 Application 3 z 'C �G t� ■ 1� z 7S7-N '. r T- 11 E 95 STN Owasso community Development Department 111 N. Main St, Owasso, OK 74055 918.376.1500 918.376.1597 w ww.cityofowasso.com M M z a' VA O Sulbject Propeity FINAL PLAT CAUDLE CENTER Smith Farms Marketplace N W-, E S F UMY 7. 2W5 �p The City Wit. out Limits_ P.O. BOX 180 OWASSO, OKLAHOMA 74055 (918) 376 -1500 FAX (918) 376 -1597 OBOA # Uq - n'S� BOARD OF ADJUSTMENT SPECIAL EXCEPTION, INTERPRETATION OR APPEAL THE FOLLOWING INFORMATION TO BE SUPPLIED BY APPLICANT Special Exception V Interpretation of Zoning Text Appeal from 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. To n)-Ac-a, A_ $Laved _ i Cc s +u R-f *jkP corn -P n PROPERTY LEGAL DESCRIPTION: Name and address of Record Owner Address or General Location of Property tyVr AGI`AA K, a1,, lgn -1 At. 41 �dlI I `4t-11 C4-. AL-44. +— /-- - .AuL —4 As applicant, what is your interest in this property? Name of Person to be billed for publication: T Present Owner Agent for Owne �a fen KeM Purchaser ��Other Mailing Address: Attorney for Owner o � ll r-4 l )e, e k 7 µdal 1'3 a I d' e' kf`'J4'& (al�i✓tsdil�2aDf'C 74n2 -1 Phone Number 918 — 810— o l g I DO HEREBY CERTIFY THAT THE SIGNATURE DATE INFORMATION HEREIN SUBMITTED IS COMPLETE, TRUE & ACCURATE Please submit the completed application form and application fee ($100.00), 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 be present at the hearing to receive approval. COCDF091 — Special Exception BOA Application Rev. 032009 Na, -f-k