CITY BOARD OF ADJUSTMENT
Tuesday, June 8, 1999, 1:00 p.m.
Francis F. Campbell City Council Room
Plaza Level of City Hall
Tulsa Civic Center
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MEMBERS PRESENT |
MEMBERS ABSENT |
STAFF PRESENT |
OTHERS PRESENT |
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Cooper |
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Arnold |
Prather,
Legal |
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Dunham,
V. Chair |
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Beach |
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Perkins |
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Stump |
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Turnbo |
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White,
Chair |
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The notice and agenda of said meeting was posted in the Office of the City Clerk on Friday, June 3, 1999, at 2:55 p.m., as well as in the Reception Area of the INCOG offices.
After declaring a quorum present, Chair, White called the meeting to order at 1:01 p.m.
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MINUTES:
On MOTION
of PERKINS, the Board voted 5-0-0
(Cooper, Dunham, Turnbo, Perkins, White "aye"; no "nays",
no "abstentions; no "absent") to APPROVE the Minutes of May 11 1999 (No. 772).
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Action Requested:
Variance of the allowable 750 square
feet for an accessory building to 2,200 square feet. SECTION 402.B. ACCESSORY USES IN RESIDENTIAL DISTRICTS,
Accessory Use Conditions Use Unit 6, located 7171 South Jackson.
Presentation:
The applicant, Tina McClanahan, 7171 South Jackson, submitted a site plan (Exhibit
A-1) and stated that she would like to construct a pole barn in her backyard to
store her trailer and large truck.
Interested
Parties:
Mr. White mentioned that there is one letter of protest in the file (Exhibit A-2). The letter implies that there is storage of old cars on the property. Ms. McClanahan mentioned that they are storing some old cars in the backyard. Ms. McClanahan mentioned that she and her husband fix up the cars, take them to car shows and sell them at the shows. Some of the vehicles are show cars.
Board
Action:
On MOTION of DUNHAM, the Board voted 5-0-0 (Cooper,
Dunham, Perkins, Turnbo, White "aye"; no "nays", no
"abstentions; no "absent") to APPROVE Variance of the allowable 750 square
feet for an accessory building to 2,200 square feet, finding that it meets the
requirements of Section 1607.C. SECTION 402.B. ACCESSORY USES IN RESIDENTIAL DISTRICTS, Accessory Use Conditions
Use Unit 6, per plan, subject to there being no commercial activity
conducted on the property and that the three small buildings shown on the plan
will be removed, on the following described property:
A tract of land in NW/4 of the NE/4 of Section II, T-18-N,
R-12-E, Tulsa County, beginning 1,046.48 S of NE/c of NW/4 of NE/4, thence
140.52 S, thence W 330 thence N 140.52 thence E 330 to the point of beginning.
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Action
Requested:
Special Exception to permit a beer bar
within 150 of an R district. SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL DISTRICTS Use Unit
12a. Variance of the required
parking from 14 to 6 spaces. SECTION 1212a.D. USE UNIT 12a. ADULT
ENTERTAINMENT ESTABLISHMENTS, Off-Street Parking and Loading Requirements;
a Variance of the spacing from another adult entertainment establishment. SECTION
1212a.C.3.c. USE UNIT 12a. ADULT ENTERTAINMENT ESTABLISHMENTS, Use
Conditions, located 1137 North Sheridan Road.
Comments
and Questions:
Mr. Beach mentioned to the Board that this case was before the Board on May 25 and there was some discussion about the status of the neighboring bar from which this one is seeking a variance of the spacing requirement. The only thing Staff could find is that there have been no prior Board of Adjustment approvals allowing the other bar. A Certificate of Occupancy was issued on December 7, 1989 for the other bar. Mr. Beach mentioned that Staff is not aware of the bars current status. This application was made for a variance of the spacing and the Board should assume that there is a bar there and act accordingly.
Mr. Dunham asked Mr. Beach if the spacing
requirement was a condition when the second bar was opened? Mr. Beach replied that the bar that is the
subject of this application was purchased by the applicant and had been in
operation for some time. The applicant
then discovered that he needed a Certificate of Occupancy and when applying for
the Certificate of Occupancy permit the zoning deficiencies were
identified. Mr. Stump stated that the
spacing requirement was in effect in 1989 when the second bar (House of Blue
Lights) opened.
Presentation:
The applicant, Jessee L. Blevins, 6924 East Pine, stated that he has done some
research on the other bar. The City
issued a temporary Certificate of Occupancy dated December 7, 1989. It appears that the other bar was operating
under a temporary permit.
Comments
and Questions:
Mr. White asked Mr. Blevins when The Odyssey (formerly House of Blue Lights) opened? Mr. Blevins replied that The Odyssey opened approximately two months ago, was opened for one weekend and then they were gone. The City has no license or permit on record for The Odyssey. The previous owners of House of Blue Lights moved their business about five months ago to East Pine Street and the Tax Commission has records of that transfer.
Interested
Parties:
Howell
Joyner, 7015 East Haskell Street, stated that he was not made aware of the
changes to this bar. Mr. Joyner pointed
out to the Board that the area has had an influx of bar activity between I-244
and Pine on Sheridan. Mr. Joyner
mentioned that he is not opposed to the actual bar but he is opposed to the
overflow of criminal activities that come out of the bar facilities and into
the neighborhood.
Mr. Dunham asked Mr. Joyner if he is aware of any negative
activities that stem from this particular bar?
Mr. Joyner replied that he personally has not observed anything from
that bar. With it being in such close
proximity to many other clubs, it is hard to tell which bar the people are
coming from.
Councilor
Roscoe Turner, District 3, stated that he is opposed to any more bars going
into this area. Mr. Turner suggested a
tie agreement with the neighbors on parking.
Comments and
Questions:
Ms. Perkins asked the applicant how many employees his bar
has and Mr. Blevins replied that he has four employees, his wife, his sister,
nephew and himself. Mr. Blevins
explained to the Board that most of their customers are retirees and most of
them walk to the bar in the daytime.
They do not have much business at night, the bar usually closes at 11:00
p.m. or midnight.
Mr. Cooper asked Mr. Blevins if he would be willing to limit
the hours of his bar to 11:00 p.m. or midnight? Mr. Blevins replied affirmatively, but he would like to stay open
later, if business persists, on the weekend.
Applicants
Rebuttal:
Mr. Blevins mentioned that there have
been three bars open at the intersection of Haskell and Sheridan in the last
three months.
Comments
and Questions:
Mr. Dunham asked the applicant if he has explored the parking next door to see if he can get into a parking agreement with the owners? Mr. Blevins replied that there is some space in the back of his bar that could be used for parking. It would take some time to develop it. He believes that they could get an additional five parking spaces behind the building.
Mr. Dunham mentioned that this bar has
been there for over 18 years and there have been no complaints from the
neighborhood or this case would have been before the Board before now. The only interested party at the last
meeting was the person who would be most affected by the bar and she was in
support of the application. Mr. Dunham
drove by the property again yesterday afternoon and there were only three cars
in the parking lot at that time. He
does not believe that they need 14 parking spaces.
Ms. Turnbo stated that she definitely
has a problem with the parking situation.
If Mr. Blevins has four employees, they will take up four parking spaces,
leaving only two spaces for patrons.
Ms. Turnbo would be supportive of the application if the applicant would
agree to have 11 parking spaces on the lot.
Mr. Dunham asked the Board if anyone had
a problem with the spacing from an R District. Mr. Cooper replied that he had a small problem with it because
there are so many bars located in this general area. Mr. Dunham asked the Board if they would be willing to approve
the variance of the parking from 14 spaces to 11 spaces and allowing the applicant
six months to meet the requirement. Mr.
White agreed with the suggestion. Mr.
Cooper feels that this bar may be injurious to the neighborhood.
Board Action:
On MOTION of DUNHAM, the Board voted 4-1-0 (Dunham,
Perkins, Turnbo, White "aye"; Cooper "nays", no
"abstentions; no "absent") to APPROVE Special Exception to permit a beer
bar within 150 of an R district, 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. SECTION
701. PRINCIPAL USES PERMITTED IN
COMMERCIAL DISTRICTS Use Unit 12a. Variance of required parking from 14
to 11 spaces, subject to the spaces being legal size and they must be installed
within six months; finding the hardship to be the size of the lot. SECTION
1212a.D. USE UNIT 12a. ADULT ENTERTAINMENT ESTABLISHMENTS,
Off-Street Parking and Loading Requirements; and WITHDRAW a Variance of spacing from another
adult entertainment establishment. SECTION 1212a.C.3.c. USE UNIT 12a. ADULT ENTERTAINMENT ESTABLISHMENTS, Use Conditions, finding
that the relief is not needed, on the following described property:
N 50 of S 180 of W 150 of Lot 3, Block 1, Aviation view
Addition, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Variance of the required side yard from 5 to 44. SECTION 403. BULK AND AREA REQUIREMENTS IN THE RESIDENTIAL DISTRICT Use Unit 6; a Variance of the required rear yard from 20 to 116. SECTION 403. BULK AND AREA REQUIREMENTS IN THE RESIDENTIAL DISTRICTS and a Variance of setback from a street from the required 20 to 152½, all to permit joining existing structures. SECTION 403.5 BULK AND AREA REQUIREMENTS IN THE RESIDENTIAL DISTRICTS, located 1401 South Richmond Avenue.
Presentation:
The applicant, Kenneth Craft, 1401 South Richmond Avenue, submitted a site plan (Exhibit B-1) and stated that the house is existing and was constructed in the 1940s. The setbacks were different in the 40s than they are now.
Interested Parties:
None.
Board
Action:
On MOTION
of DUNHAM, the Board voted 5-0-0
(Cooper, Dunham, Perkins, Turnbo, White "aye"; no "nays",
no "abstentions; no "absent") to APPROVE Variance of the required side yard
from 5 to 44. SECTION 403. BULK AND AREA
REQUIREMENTS IN THE RESIDENTIAL DISTRICT Use Unit 6; a Variance
of the required rear yard from 20 to 116.
SECTION 403. BULK AND AREA REQUIREMENTS IN THE
RESIDENTIAL DISTRICTS and a Variance of setback from a street
from the required 20 to 152½, all to permit joining existing
structures. SECTION 403.5 BULK AND AREA
REQUIREMENTS IN THE RESIDENTIAL DISTRICTS, per plan submitted; finding the
hardship to be the size of the lot and the existing house, on the following
described property:
Lot 18, Block 11, Adamson heights Addition, City of Tulsa,
Tulsa County, State of Oklahoma.
Action
Requested:
Special Exception to permit a church in
an IL zoned district. SECTION 901. PRINCIPAL USES PERMITTED IN INDUSTRIAL DISTRICTS Use Unit 5;
a Variance to permit required parking on lot other than lot on which church is
located. SECTION 1205. USE UNIT 5. COMMUNITY SERVICES AND SIMILAR USES OR IN
THE ALTERNATIVE a Variance of the required number of parking spaces. SECTION 1301. GENERAL REQUIREMENTS, located SW/c & SE/c S. 91st
E. Ave. & BA Expressway.
Comments
and Questions:
Mr. Beach informed the Board that Mr. Moody would not be able to attend the hearing today and asked for a continuance (Exhibit C-1). Mr. Moody has spoken with all of the protestants and all of them agreed to a continuance.
Board
Action:
On MOTION
of DUNHAM, the Board voted 4-0-0
(Dunham, Perkins, Turnbo, White "aye"; no "nays", no
"abstentions; Cooper "absent") to CONTINUE Case No. 18419 to the meeting of June 22, 1999.
Action
Requested:
Special Exception of the required 110%
setback from an R zoned property from 110 to 10 on the south and 110 to 5
on the west. SECTION 1204.C.3.g. SECTION
1204.C. USE UNIT 4. PUBLIC PROTECTION AND UTILITY FACILITIES,
Use Conditions, located 1402 South Memorial.
Presentation:
The applicant, Joyce Cobb, was represented by George
Crane, 1512 South Clear Springs, Mustang, OK, who submitted a site plan
(Exhibit D-1) and stated that he works for Fossil Creek Land Company who is
representing Sprint Spectrum in the Tulsa Area. Mr. Crane explained that the purpose of the request is to
construct a cellular telephone tower to fill a massive hole in coverage that
Sprint has between I-244 to the north, Highway 169 to the east and I-44 to the
southeast. They contacted this church
and they are willing to locate the tower on their property. The problem is that the church is zoned
residential. The closest residence is
about 199 away and that is the pastors house. The next closest house is about 300 away. The tower Sprint is proposing to construct
will be 100 tall.
Interested Parties:
None.
Comments
and Questions:
Mr. Dunham mentioned that the
circumstances on this application are a little bit different that what you
would normally find.
Board Action:
On MOTION of DUNHAM, the Board voted 5-0-0 (Cooper,
Dunham, Perkins, Turnbo, White "aye"; no "nays", no
"abstentions; no "absent") to APPROVE Special Exception of the required
110% setback from an R zoned property from 110 to 10 on the south and 110 to
5 on the west, 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.
SECTION 1204.C.3.g. SECTION 1204.C. USE UNIT 4. PUBLIC
PROTECTION AND UTILITY FACILITIES, Use Conditions, per plan submitted, on
the following described property:
PARENT AREA: N/2 of N/2 of SE/4
of SE/4 of NE/4 Section 11, T-19-N, R-13-E of the IBM except the W 30 for a
street, Tulsa County, Oklahoma AND LEASE
AREA: A tract of land lying in and
being a part of the W 415.50 of the S 31 of Lot 1, Block 1, of Keim Addition,
an addition to the City of Tulsa, Tulsa County, Oklahoma, being more
particularly described as follows:
commencing at the NE/c of the NE/4 of Section 11, T-19-N, R-13-E of the
IBM; thence S 01°1442 E along the E line of said NE/4, a distance of 1950.09
to the N line of said S 31; thence S 88°3559 W along said N line, a distance
of 439.74; thence S 01°1926 E a distance of 3.70 to the point of beginning;
thence continuing S 01°1926 E a distance of 16.51; thence S 88°4357 W a
distance of 40.70; thence N 01°1926 W a distance of 20.00; thence N
88°4357 E a distance of 20.00; S 01°1926 E a distance of 3.70 thence N
88°4357 E a distance of 20.70 to the point of beginning AND ACCESS AREA: A 20 wide easement for ingress, egress and utility purposes
crossing a part of the N/2 of the N/2 of the SE/4 of the SE/4 of the NE/4 of
Section 11, T-19-N, R-13-E of the IBM, and crossing a part of the W 415.50 of
the S 31 of Lot 1, Block 1, of Keim Addition, an addition to the City of
Tulsa, Tulsa County, Oklahoma, the centerline being more particularly described
as follows: Commencing at the NE/c of
the NE/4 of said Section; thence S 01°1442 E along the E line of said NE/4 a
distance of 1990.09 to the point of beginning; thence S 88°3559 W a distance
of 470.39; thence N 01°1926 W a distance of 20.00 to an ending point on the
S line of the above described lease area, said point being 10.00 S 88°4357 W
of the SE/c of said lease area.
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Action
Requested:
Variance of the 20 setback requirement
for a garage down to 15.5. SECTION 403.A.5. BULK AND AREA REQUIREMENTS IN THE RESIDENTIAL DISTRICTS, Bulk and
Area Requirements in the RE, RS, R, RT and RM Districts Use Unit 6,
located 8210 South 72nd East Avenue.
Presentation:
The applicant, Ted Magsamen, 8517 East 95th Place, submitted a site
plan (Exhibit E-1) and stated that he works for Brumble Construction. There are two homebuyers that have designed
homes to sit on the two subject properties.
Mr. Magsamen explained to them about the 20 setback. Mr. Magsamen mentioned to the Board that
both houses will have three car garages and someone could park three cars
abreast instead of lengthwise in the driveway.
Comments
and Questions:
Mr. Dunham asked the applicant what the
hardship is? Mr. Magsamen explained
that when they originally began talking to different people and was told the
setback was 15, as shown on the plat.
Later, they discovered there was a 20 setback as far as the garage is
concerned. The lots are 75 wide. If there is a 5 side yard setback and a 20
setback on the driveway side of the house, that leaves 50 for the house and if
you take 20 out for a garage, that leaves a 30 wide house.
Mr. Dunham asked if the plat shows 15
or 20? Mr. Magsamen replied that it
shows 15.5. Mr. Dunham then asked
Staff how the plat got approved at 15?
Mr. Stump explained that the exterior side yard is required to have a
15 building setback, except where you have a garage that accesses from that
side, then it is 20 to have a long enough driveway to park one car (in depth). Mr. Stump stated that 15.5 is not enough
length to park a car in the driveway.
Typically a person will park a foot or two away from the garage door and
an average size car is in the 15 to 16 range. The car will be in the right-of-way and is not actually on their
lot.
Mr. Dunham inquired as to why the garage
could not be accessed from the 72nd East Avenue side? Mr. Magsamen explained that the house would
then only be 35 wide. The house faces
east and the garage access is from the north.
Ms.
Perkins believes that the applicants house is just too big for the lot.
Interested
Parties:
Lindsay Perkins, stated that he is the developer of The Crescent. Mr. Perkins stated that if the house were flipped and the front door was facing north, the more restrictive requirement, 25 would be in place and it would not work. Mr. Stump stated to the Board that the 15 requirement applies to a side yard. One side fronting a street on a corner lot has to be at least 25 back, the other side has to be at least 15 back. On the 15 side, if a garage access that side, the garage has to be setback 20. Mr. Perkins stated that the lots are expensive and people are building rather expensive houses on the lots. When you have a corner lot, you have a difficult time trying to fit the house on the property. Mr. Perkins is more concerned about aesthetics and the look of the neighborhood.
Comments and Questions:
Mr. Cooper asked Mr. Perkins how far the house to the west sets back from 82nd Place South. Mr. Dunham responded that there is no house there and it would have to setback at least 25.
Mr. White pointed out that this is a
brand new subdivision. Mr. White stated
that he believes this is a self-imposed hardship. Ms. Turnbo agreed and believes that the houses are just too big
for the lots. Mr. White mentioned that
if the Board is inclined to approve this application he can foresee every other
corner lot coming before the Board for a variance.
Mr. Cooper believes that a corner lot is
a hardship. There is something peculiar
about the property.
Mr. Beach pointed out to the Board that
when the developer designed the subdivision he made the corner lots wider in
order to accommodate the required additional setback. It was made wider by an additional 11 feet.
Board
Action:
On MOTION
of TURNBO, the Board voted 3-2-0
(Perkins, Turnbo, White "aye"; Cooper, Dunham "nays", no
"abstentions; no "absent") to
DENY Variance of the 20
setback requirement for a garage down to 15.5. SECTION 403.A.5. BULK AND AREA REQUIREMENTS IN THE
RESIDENTIAL DISTRICTS, Bulk and Area Requirements in the RE, RS, R, RT and RM
Districts Use Unit 6, finding that the hardship is self-imposed, on the
following described property:
Lot 1, Block 14, The Crescent, City of Tulsa, Tulsa County,
State of Oklahoma.
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Action
Requested:
Variance of the required front yard from 30 to 19.4 to permit a carport. SECTION 403. BULK AND AREA REQUIREMENTS IN THE RESIENTIAL DISTRICTS Use Unit 6, located 2205 South Delaware Place.
Presentation:
The applicant, Jim Morefield, 421 Green Valley Road, Inola, OK, submitted a site
plan (Exhibit F-1) and mentioned that he works for Bicks Unlimited, Contracting,
and he is representing Judy Ann Wortman, 2205 South Delaware Place. They are requesting a variance in order to
erect a carport on her property. The
reason for the carport is that her son is a musician and they would like to
turn the garage into a place for him to practice. The carport would allow her car to stay outside and still be
protected.
Comments
and Questions:
Mr. White pointed out that the house has a 25 side yard, and asked if there is room on the side to place the carport? Mr. Morefield replied that it had not been considered due to the existing driveway.
Mr. Stump pointed out that there is 28 on the side (north) and all they would need is 5 for building setback.
Interested
Parties:
Maureen
Knutsun, 2202 South Delaware Place, which is directly across the street
from the subject property. Ms. Knutsun
is opposed to the carport. There are no
carports located in this neighborhood.
Ms. Knutsun mentioned that the current owners have already taken out the
garage doors so it now looks like a room with a single door.
Applicants
Rebuttal:
Mr. Morefield believes that there are other carports in the neighborhood. The carport would be designed and colored to match the house.
Comments and
Questions:
Mr. White asked the applicant to explain his hardship to the Board. Mr. Morefield replied that it would be a hardship to the owner not to have her automobiles covered.
Board
Action:
On MOTION
of DUNHAM, the Board voted 5-0-0
(Cooper, Dunham, Perkins, Turnbo, White "aye"; no "nays",
no "abstentions; no "absent") to
DENY Variance of the required
front yard from 30 to 19.4 to permit a carport. SECTION 403. BULK AND AREA REQUIREMENTS IN THE RESIENTIAL
DISTRICTS Use Unit 6, on the following described property:
The W 165 of Lot 1, Block 3, and the S/2 of that portion of
vacated 22nd Street lying adjacent to the W 165 of Lot 1, Block 3,
Bryn-Mawr, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Variance of the required parking spaces from 3 to 2 spaces for a new addition of two one-bedroom units. SECTION 1407.A. PARKING, LOADING AND SCREENING NONCONFORMITIES, and a Variance of the design standards for parking spaces from the required 8.5 and 18 to allow 8.3 with turning radius of 34. SECTION 1303.A. DEISGN STANDARDS FOR OFF-STREET PARKING AREAS, located 1614 South Boston Avenue.
Presentation:
The applicant, Bill Caylor, 1224 East 19th Street, Tulsa, OK, submitted
a site plan (Exhibit G-1) and stated that he would like to build two small
one-bedroom units which will be added to the existing four units. Mr. Caylor explained that the building is on
a 50 wide lot. There are four existing
parking spaces and he proposes to add two new parking spaces to fill the needs
of the one-bedroom apartments. Because
the lot is 50 wide it will only allow the parking width to be 84 per car
instead of the required 86 per car. Each
parking space will be one inch shy on each side. Access to the parking is through the alley so the turning radius
is partially in the alley.
Comments
and Questions:
Mr. Dunham stated that this area is very short on parking spaces. Mr. Dunham mentioned that the Board is in receipt of an objection letter (Exhibit G-2).
Interested
Parties:
Mark
McCafferty, 1615 South
Baltimore, stated that he owns the property directly west of the subject
property. Mr. McCafferty mentioned that
he also owns a 50 wide lot and at the most he can only park five cars. The applicant is not taking into
consideration the trash dumpster which takes up room in the alley. Mr. McCafferty believes that adding two more
units will be too much constructed on the lot.
Applicants
Rebuttal:
Mr. Caylor mentioned that the property was originally and
still is zoned CH. Mr. Caylor does not
believe that the parking requirement should be upheld in the CH district.
Comments
and Questions:
Ms. Turnbo asked the applicant how long he has owned the
property? Mr. Caylor replied that he
has owned this piece of land since 1978.
Ms. Turnbo asked Staff when the change to the Zoning Code was made that
required parking in the CH District?
Mr. Stump replied approximately 1985.
Board
Action:
On MOTION
of TURNBO, the Board voted 5-0-0 (Cooper,
Dunham, Perkins, Turnbo, White "aye"; no "nays", no
"abstentions; no "absent") to
DENY Variance of the required
parking spaces from 3 to 2 spaces for a new addition of two one-bedroom
units. SECTION 1407.A. PARKING,
LOADING AND SCREENING NONCONFORMITIES and a Variance of the design
standards for parking spaces from the required 8.5 and 18 to allow 8.3 with
turning radius of 34. SECTION 1303.A. DEISGN STANDARDS FOR OFF-STREET PARKING AREAS on the
following described property:
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Action
Requested:
Variance to permit a 523.86 square foot sign to exceed the allowed 500 square feet to add an additional sign to Flying J Travel Plaza ground sign. SECTION 1221. USE UNIT 21. BUSINESS SIGNS AND OUTDOOR ADVERTISING Use Unit 23, located Admiral Place at 129th East Avenue.
Presentation:
The applicant, Tulsa Neon, Inc., was represented by Bill Fair, 2012 West Air, Bethany,
OK, stated that he works with Flying J, Travel Plaza. Mr. Fair submitted a sign plan (Exhibit H-1) and mentioned that
he is asking for 5% of the maximum allowed square footage for a ground sign. They were before the Board in March and they
thought they had everything taken care of.
When they submitted the drawing, they discovered that they were over the
square footage. Mr. Fair explained that
the hardship is that they need the advertisement on the street, customers will
not see it from the highway because of the trees. Mr. Fair asked the Board to approve the application.
Comments
and Questions:
Mr. White asked the applicant if it would be possible to reduce the sign area by 5%? Mr. Fair responded that it would be possible but the Country Market sign need approximately 80 to display the sign. If they reduce that further, the advertising value of the sign would be reduced.
Ms. Turnbo explained to the applicant
that if he reduce the Welcome portion of the sign by 5% he would be in compliance. Mr. Fair responded that the Welcome
portion of the sign is an electronic message center with changing copy. The size of that portion of the sign is set
by the manufacturer and the size of the components inside.
Mr. Dunham does not believe that there
is a hardship.
Interested
Parties:
None.
Board
Action:
On MOTION
of DUNHAM, the Board voted 5-0-0
(Cooper, Dunham, Perkins, Turnbo, White "aye"; no "nays",
no "abstentions; no "absent") to
DENY Variance to permit a 523.86
square foot sign to exceed the allowed 500 square feet to add an additional
sign to Flying J Travel Plaza ground sign.
SECTION 1221. USE UNIT 21. BUSINESS SIGNS AND OUTDOOR ADVERTISING Use Unit 23, finding
a lack of a hardship, on the following described property:
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Action
Requested:
Special Exception to allow a mobile home in a RM-2 district. SECTION 401. PRINCIPAL USES PERMITTED IN RESIDENTIAL DISTRICTS Use Unit 6 and a Special Exception to extend the one-year time limit indefinitely. SECTION 404.E.1. SPECIAL EXCEPTION USES IN RESIDENTIAL DISTRICTS, REQUIREMENTS, located 1913 East Marshall Street.
Presentation:
The applicant, E. Sue Richardson, was represented by Jim Reynolds, 920 South Elm, Erick, Oklahoma. Mr. Reynolds submitted a site plan (E