CITY BOARD OF ADJUSTMENT
Tuesday, October 12, 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 |
Parnell, NBH Insp. |
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Perkins |
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Stump |
Ackermann,
Zoning |
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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, October 8, 1999, at 9:00 a.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 1:03 p.m.
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MINUTES:
On MOTION
of TURNBO, the Board voted 3-0-1 (Dunham,
Turnbo, White "aye"; no "nays", Perkins "abstentions”;
Cooper, "absent") to APPROVE
the Minutes of September 28, 1999 (No. 781).
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Action Requested:
Variance of the required parking from 285
spaces to 173 spaces to permit the expansion of a sanctuary to 9,954 square
feet for Parkview Baptist Church. SECTION
1205.C. USE UNIT 5. COMMUNITY SERVICES
AND SIMILAR USES, Off-Street Parking and Loading Requirements – Use Unit 5,
located 5805 South Sheridan.
Presentation:
The applicant, Mitchell D. O'Donnell, submitted a site plan (Exhibit A-1) and
stated that Rev. David Willets, 8212
South 73rd East Avenue, will make the presentation for the
church. Rev. Willets stated that he is
the Sr. Pastor at Parkview Baptist Church located at 5805 South Sheridan. Rev. Willets mentioned that a few years ago
the church considered relocating. The
church decided not to move because of the positive relationship with the
neighborhood. Rev. Willets mentioned that
they would like to expand the seating in their sanctuary facility within the
next few years. If the church expands,
they would have a problem meeting the parking requirements. Rev. Willets stated that their neighbors the
Woodland View Shopping Center, presently lets the church use their parking lot
to accommodate their Sunday morning attendance. Rev. Willets submitted a signed, good-faith agreement (Exhibit
A-2) stating the shopping center's approval of the agreement. Rev. Willets asked the Board to count the
parking spaces in the Woodland View Shopping Center that is adjacent to the
church property in order to satisfy the parking requirements for future
expansion. Rev. Willets informed the
Board that if, for some reason, the parking spaces were to become unavailable,
the church is committed to shuttling their members from other parking lots
nearby.
Interested
Parties:
None.
Comments and Questions:
Ms. Turnbo asked Rev. Willets if the agreement is a lease agreement? Rev. Willets replied that it is a Revocable Parking License Agreement for 99 spaces.
Mr. Dunham asked the applicant if, in the event the agreement is canceled, the church will provide the necessary parking elsewhere? Rev. Willets replied that the church will provide the parking from other lots and shuttle the congregation to the church facility.
Mr. White asked the applicant if they have met with the neighbors? Rev. Willets replied that they have not met with the neighbors in person but the church mailed out a letter to the neighborhood explaining what the church is proposing to do.
Mr. Dunham inquired as to how long the church has been using the parking on the shopping center lot? Rev. Willets replied that they have been parking there officially for several years. Unofficially, for about 15 years per a verbal agreement.
Ms. Turnbo asked the pastor when the church anticipates building the new sanctuary? Rev. Willets stated that the parking issue is the first step. They realize that there is a time limit on any approval and if they do not start construction within that time period they will submit a new application.
Mr. White asked Staff if the 285 spaces figure is based on the expanded sanctuary? Mr. Beach replied affirmatively.
Rev. Willets mentioned to the Board that the church leases a building adjoining the shopping center parking lot and they have a financial lease agreement that provides them 10 spaces there, in addition to the 99 spaces.
Board
Action:
On MOTION of DUNHAM, the Board voted 4-0-0 (Dunham,
Perkins, Turnbo, White "aye"; no "nays", no
"abstentions”; Cooper, "absent") to APPROVE Variance of the required parking
from 285 spaces to 173 spaces to permit the expansion of a sanctuary to 9,954
square feet for Parkview Baptist Church. SECTION
1205.C. USE UNIT 5. COMMUNITY SERVICES
AND SIMILAR USES, Off-Street Parking and Loading Requirements – Use Unit 5, subject
to the church maintaining a written agreement for parking in the area to
provide the necessary parking spaces for the sanctuary expansion, on the
following described property:
That part of the SW/4 of the SW/4 of Section 35, T-19-N,
R-13-E of the IBM, Tulsa County, State of Oklahoma, more particularly described
as follows: Beginning at the NW/c of
the said SW/4 of the SW/4 of said Section 35; thence N 89°58.8276’ E along the
N line of said SW/4 a distance of 408.38’; thence S 0° 13.5000’ E a distance of
504.88’; thence due W a distance of 408.38’ to a point on the W line of said
SW/4; thence N 0° 13.5000’ W along the said W line a distance of 504.74’ to the
point of beginning.
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Action
Requested:
Variance of the required 60’ setback from the centerline of
Memorial to 56’. SECTION 1221.C.6. USE
UNIT 21. BUSINESS SIGNS AND OUTDOOR
ADVERTISING, General Use Conditions for Business Signs – Use Unit 12 OR an
interpretation of the centerline of right-of-way of Memorial, located 3150
South Memorial.
Comments
and Questions:
Mr. Beach informed the Board that the
applicant has requested a continuance (Exhibit B-1) to November 9, 1999.
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 to the meeting of November 9, 1999.
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Action
Requested:
Variance of maximum display surface area of a sign from 150
square feet to 307 square feet. SECTION
604. SPECIAL EXCEPTION USES IN OFFICE
DISTRICTS, REQUIREMENTS – Use Unit 5 and a Variance of the requirement of
constant light to allow an electronic message center. SECTION 604. SPECIAL EXCEPTION
USES IN OFFICE DISTRICTS, REQUIREMENTS, located 7800 South Lewis.
Presentation:
The applicant, Brian Ward, 9520 East 55th Place, submitted a site plan (Exhibit C-1) and stated that Victory Christian Center would like to construct a new sign. The current sign was installed as a temporary sign. Victory Christian Center has approximately 1,400 lineal feet along Lewis Avenue. Mr. Ward explained that the electronic message center is similar to what is on the Oral Roberts property down the street. Mr. Ward submitted photos of the sign and the property (Exhibit C-2).
Comments and Questions:
Ms. Perkins asked Mr. Ward if they will
remove the old sign? Mr. Ward replied
affirmatively.
Board
Action:
On MOTION of TURNBO, the Board voted 3-0-0 (Dunham,
Perkins, Turnbo, White "aye"; no "nays", no
"abstentions”; Cooper, "absent") to APPROVE a Variance of maximum display surface
area of a sign from 150 square feet to 307 square
feet. SECTION 604. SPECIAL EXCEPTION
USES IN OFFICE DISTRICTS, REQUIREMENTS – Use Unit 5 and a Variance
of the requirement of constant light to allow an electronic message center;
finding that the Board had approved a similar sign at ORU which is across the
street and to the south SECTION
604. SPECIAL EXCEPTION USES IN OFFICE
DISTRICTS, REQUIREMENTS, per plan submitted and subject to the removal of
the existing sign, on the following described property:
S/2, NE, SE, less E 50’, City of Tulsa, Tulsa County, State
of Oklahoma.
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Action
Requested:
Variance of the required rear yard from 25' to 15' in an
RS-1 District to permit new construction. SECTION
403.A. BULK AND AREA REQUIREMENTS IN THE RESIDENTIAL DISTRICTS, Bulk and Area
Requirements in the RE, RS, RD, RT and RM Districts – Use Unit 6, located
2600 Block of 33rd Street East of Birmingham Avenue.
Comments and Questions:
Mr. Beach informed the Board that the
applicant has requested a continuance.
The request was not timely.
Presentation:
The applicant, Jack Arnold, 7318 South Yale, Tulsa, OK, stated that he is the
architect for the homeowner.
Comments
and Questions:
Mr. White asked the applicant to explain
his reason for the continuance request.
Mr. Arnold replied that they are trying to get some input from a
landscape architect. Depending upon the
outcome, they may not need all the relief asked for.
Mr. White asked the interested parties
present if it would be a problem to continue the application for two
weeks? The protestors stated that they
would like the case heard today since this will be the second request for
continuance.
Mr. Arnold mentioned that he could
present the case to the Board today.
Additional
Comments and Questions:
Jack
Arnold, 7318 South Yale, Tulsa, OK, informed the Board that he has been
speaking with the protestors of this case and he would like to withdraw his
application.
Board
Action:
Withdrawn by Applicant.
No action taken.
NEW APPLICATIONS
Action Requested:
Variance of the allowable size for an accessory building
from 750 square feet to 1,800 square feet. SECTION
402.B.1.d. ACCESSORY USES IN RESIDENTIAL DISTRICTS, Accessory Use Conditions –
Use Unit 6 and Variance of the required rear yard maximum coverage. SECTION 402.B.1.d. ACCESSORY USES IN
RESIDENTIAL DISTRICTS, Accessory Use Conditions, located 3732 South 27th
West Avenue.
Presentation:
The applicant, Park Dudley, 3732 South 27th West Avenue, submitted a revised site plan (Exhibit D-1) and stated that he would like to move the accessory building to the north side of the property. Mr. Dudley explained that it would allow him to have a back yard and would relieve the need for the variance of the required rear yard coverage. That would leave 75' east and west of backyard space
Comments and Questions:
Mr. White asked the applicant how far north he wants to move the building? Mr. Dudley replied that the building will be 10' from the property line. The building will face north.
Mr. Beach asked Mr. Dudley how close the building will be to 37th Place? Mr. Dudley replied 35'. Mr. Beach asked the applicant how large the building is and he replied that it will either be 30' x 50' or 30' x 60'.
Mr. White asked the applicant what the purpose of the building is. Mr. Dudley stated that the building will be utilized as a garage for an antique truck and a woodworking hobby. There will be no commercial activity in the building.
Mr. Beach informed the Board that according to the new plan (Exhibit D-3), the applicant needs to move the building south 10' to meet the setback requirement from 37th Place. It will occupy 300 square feet (less than 20%) of the required rear yard and he does not need the relief on yard coverage.
Interested Parties:
Martha Wright, stated that she and her husband have lived on the property
directly west for 33 years. Ms. Wright
stated that she is opposed to the building because it is too large and will
block the sunlight from coming into their house.
Applicant's
Rebuttal:
Mr. Dudley explained that the previous
building placement would block the neighbor's entire yard so he decided to move
the building towards the front. Mr.
Dudley submitted photos of the neighborhood (Exhibit D-2) showing other
residences with detached garages and many of them do not meet the Zoning Code requirements.
Mr. Stump reminded the Board of a
hardship requirement on the size of the structure. Mr. Dudley stated that he recently moved from a 1,700 square foot
house to a 1,000 square foot house with no garage or shed. With all of his garage type hobbies he needs
a garage of this size.
Mr. White asked the applicant how tall
the building will be and Mr. Dudley replied 12' in the front and the peak is
16'.
Mr. Beach asked the applicant if he is
proposing to reduce the size of the building to 30' x 50'? Mr. Dudley replied affirmatively. Mr. Beach stated that the size will be 1,500
square feet instead of 1,800 square feet.
Mr. Stump pointed out that most of the
other accessory buildings in the area are smaller than 750 square feet. Mr. Stump stated that the 30' x 50' building
is about the size of a seven car garage.
Mr. White stated that moving from a
large residence to a small one is a self-imposed hardship.
Board
Action:
On MOTION of TURNBO, the Board voted 4-0-0 (Dunham,
Perkins, Turnbo, White "aye"; no "nays", no
"abstentions”; Cooper, "absent") to DENY a Variance of the allowable size for
an accessory building from 750 square feet to 1,800 square feet. SECTION 402.B.1.d. ACCESSORY USES IN
RESIDENTIAL DISTRICTS, Accessory Use Conditions – Use Unit 6 and Variance
of the required rear yard maximum coverage. SECTION 402.B.1.d. ACCESSORY USES IN RESIDENTIAL DISTRICTS, Accessory
Use Conditions, on the following described property:
Lot 1, Block 26, Original Town of Red Fork, City of Tulsa,
Tulsa County, State of Oklahoma
Comments
and Questions:
Mr. Beach stated that the applicant, Mr. Park Dudley, has
requested reconsideration (Exhibit D-3) and submitted a redesigned plan for the
proposed garage. Mr. White stated the
protestors are no longer present.
Mr. Beach informed the Board that they may reconsider the
case now without the protestors being present or they may postpone the
reconsideration to a new meeting date and give notice to those protestors.
Board
Action:
On MOTION of DUNHAM, the Board voted 4-0-1 (Dunham,
Perkins, Turnbo, White "aye"; no "nays", Cooper
"abstentions”; no "absent") to RECONSIDER Case No. 18524 at the meeting of November 9, 1999
and new notice shall be given to the interested parties present.
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Action
Requested:
Special Exception to allow a mobile home in a RM-1 district.
SECTION 401. PRINCIPAL USES PERMITTED IN RESIDENTIAL DISTRICTS – Use Unit 9
and a Variance to permit a mobile permanently. SECTION 404.E.1. SPECIAL
EXCEPTION USES IN RESIDENTIAL DISTRICTS, REQUIREMENTS, located 2024 North
Joplin.
Presentation:
The applicant, Roberta Reser, Route 2 Box 275, Catoosa, OK, submitted a site plan
(Exhibit E-1) and stated that they would like to put a mobile home on the
subject property.
Comments
and Questions:
Mr. Dunham asked the applicant if they
plan to have skirting and tie downs?
Ms. Reser replied affirmatively.
Ms. Reser explained to the Board that personal
hardship kept them from acting on the previous approval in 1995. That approval has since expired and they are
applying for exactly the same thing.
Interested
Parties:
Mr. Stump stated that he received a call
from Councilor Turner's office, District 3,
reiterating his objection to mobile homes in his district.
Board
Action:
On MOTION of DUNHAM, the Board voted 4-0-0 (Dunham,
Perkins, Turnbo, White "aye"; no "nays", no
"abstentions”; Cooper, "absent") to APPROVE a Special Exception to allow a mobile
home in a RM-1 district. SECTION
401. PRINCIPAL USES PERMITTED IN
RESIDENTIAL DISTRICTS – Use Unit 9 and a Variance to permit a
mobile home permanently. SECTION
404.E.1. SPECIAL EXCEPTION USES IN
RESIDENTIAL DISTRICTS, REQUIREMENTS, subject to the mobile home being tied
down and skirted, per plan submitted, on the following described property:
Lots 1 and 2, Block 5, Original Townsite of Dawson, City of
Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception to allow one single-family dwelling per
lot in a CH zoned district. SECTION
701. PRINCIPAL USES PERMITTED IN
COMMERCIAL DISTRICTS – Use Unit 6, located South of SE/c East Latimer &
North Quaker.
Presentation:
The applicant, Gary Casteel, submitted a site plan (Exhibit F-1) and stated that
he is the Executive Director for Habitat for Humanity in Tulsa that owns the
two subject lots. Mr. Casteel mentioned
that there is not a commercial building on the entire block. All the lots are utilized as residential
single-family lots. Mr. Casteel stated
that Habitat for Humanity is currently building two other houses in the
neighborhood.
Comments
and Questions:
Ms. Turnbo asked if the plan submitted
will be used for both lots? Mr. Casteel
replied affirmatively. The houses will
each be about 1,100 square feet.
Interested
Parties:
None.
Board
Action:
On MOTION of PERKINS, the Board voted 4-0-0 (Dunham,
Perkins, Turnbo, White "aye"; no "nays", no
"abstentions”; Cooper, "absent") to
APPROVE a Special
Exception to allow one single-family dwelling per lot in a CH zoned
district. SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL
DISTRICTS – Use Unit 6, the houses must meet the RS-4 yard requirements, on
the following described property:
Lots 15 and 16, Block 4, Capitol Hill 2nd, a
Resub of Lots 1 & 2, Block 4, Capitol Hill 2nd, City of Tulsa, Tulsa
County, State of Oklahoma
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Action Requested:
Special Exception to allow office use (Use Unit 11) in a
RM-1 zoned district. SECTION 603. BULK AND AREA REQUIREMENTS IN THE OFFICE
DISTRICTS – Use Unit 11, located 3404 East 33rd Street.
Presentation:
The applicant, Chad Stites, 1918 East 51st Street, submitted a site
plan (Exhibit G-1) and stated that he would like to use part of a single-family
residential dwelling formerly used as a daycare. Mr. Stites proposes to take the westernmost house and using it as
a residence with approximately 300 square feet to be used as a small
office.
Comments
and Questions:
Mr. White inquired about whether or not
this office would be classified as a "home occupation"? Mr. Stites replied that he would not reside
there, his handicapped daughter would.
He would be able to be close to her during the day and get some work
done while there.
Mr. Beach stated that the resident has
to be the one conducting the business and since his daughter would be living in
the home it is not classified as a home occupation.
Mr. Stump reminded the applicant of the
parking requirements and he stated that he would have no problem meeting the
requirement.
Interested
Parties:
None.
Board
Action:
On MOTION
of TURNBO the Board voted 4-0-0
(Dunham, Perkins, Turnbo, White "aye"; no "nays", no
"abstentions”; Cooper, "absent") to
APPROVE a Special
Exception to allow office use (Use Unit 11) in a RM-1 zoned district. SECTION 603. BULK AND AREA REQUIREMENTS IN THE OFFICE DISTRICTS – Use Unit 11,
subject to the office being limited to 300 square feet, on the following
described property:
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Action
Requested:
Special Exception to permit a mobile home in a CH District. SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL DISTRICTS – Use Unit 9,
located 13454 East 11th Street.
Presentation:
The applicant, Steve J. Melton, 17301 East Admiral Place, Tulsa, OK, submitted a
site plan (Exhibit H-1) and stated that he owns the subject property. He bought the property in 1995 and the
mobile home was existing at that time.
The request is not for a new mobile home but for one that has been
existing for over 20 years.
Comments
and Questions:
Mr. Dunham asked Ms. Parnell what
precipitated the application? Ms. Candy
Parnell, Code Enforcement, stated that her office is doing a "sweep"
in the 11th Street area from 129th to 145th
East Avenue. They are taking down some
vacated buildings. She was checking
zoning in the area and this property came up.
There were some problems with Mr. Melton's property in reference to junk
cars and other trash and weeds. In
researching the property, she could not locate a permit for the mobile
home.
Interested
Parties:
Bob
Johnson, 15324 East 13th Street, stated that he is the President
of the Tower Hills Neighborhood Association.
Mr. Johnson is opposed to the application. For the past ten months the neighborhood association has been
working with the City to clean up the area from 11th Street to 129th
and 145th East Avenue. They
have asked various businesses to voluntarily to clean up their businesses. When the business has not done so
voluntarily, Code Enforcement steps in.
Mr. Melton's business is becoming an eyesore along 11th
Street and it looks like an auto salvage.
Mr. Johnson urged the Board to deny the application.
Mr. White asked Mr. Johnson if he has
any problem with the mobile home. Mr.
Johnson replied affirmatively.
James
Martino, stated that he is a member of the Tower Hills Neighborhood
Association. Mr. Martino submitted
information packets (Exhibit H-2) relating to the subject property. He explained what the packet contained
including the location of the various photos.
Mr. Martino is concerned about where the lateral line are located
because the entire property is on septic and the cars cover most of the
property.
Mr. White asked Staff if the CH zoning
allows auto salvage? Mr. Stump replied
negatively.
Councilor
Art Justis, District 6, stated that he is opposed to the mobile home. Councilor Justis reiterated that they are
trying to clean-up the area and this property is an eyesore. Councilor Justis asked the Board to deny the
application.
Applicant's
Rebuttal:
Mr. Melton stated that he does not own
the business he owns the property. The
property is leased to the auto repair business. Mr. Melton informed the Board that the auto repair business has
taken care of the complaint and cleaned up their business.
Comments
and Questions:
Ms. Parnell mentioned to the Board that
the problem with CH zoning is that vehicle storage is allowed and you can have
vehicles that are being repaired. Ms.
Parnell stated that she has had several conversations with Alan Jackere, City
Legal Department about what the time frame is that a vehicle awaiting parts can
stay parked. They have not come to a
clear answer about that problem. Ms.
Parnell stated that this business is not pretty but it does not have the
appearance of an auto salvage.
Mr. Dunham asked the applicant if the
mobile home is being used as an office or a residence? Mr. Melton stated that the man he bought the
property from lived there and it is currently utilized as a residence.
Ms. Perkins asked the applicant about
the septic system and the lateral line?
Mr. Melton replied that he is not sure where the septic system is
because he has not had any problems with it.
Mr. White stated that this property is a
single pocket of CH zoning in the area.
Ms. Turnbo feels that the mobile home
should be moved out and the sweep is a good idea to clean up an area.
Board
Action:
On MOTION
of TURNBO, the Board voted 4-0-0
(Dunham, Perkins, Turnbo, White "aye"; no "nays", no
"abstentions”; Cooper, "absent") to
DENY a Special Exception to
permit a mobile home in a CH District. SECTION
701. PRINCIPAL USES PERMITTED IN
COMMERCIAL DISTRICTS – Use Unit 9, finding that it is injurious to the
neighborhood, on the following described property:
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Action Requested:
Special Exception to allow a 6' wrought iron fence in the front yard - increased from the allowable 4' fence. SECTION 210.B. YARDS, Permitted Obstructions in Required Yards, located South of SW/c East 45th Street & South Columbia Avenue.
Presentation:
The applicant, Sanjay
D. Meshri, 4420 South Columbia Avenue, Tulsa, OK, submitted a site plan
(Exhibit I-1) and photos (Exhibit I-2).
Mr. Meshri stated that he would like to put a wrought iron fence around
the two properties. There is a pond on
the property and the fence would protect the pond. The property is relatively flat and there are no grade
changes. There are four properties in
the area that have similar fences. Mr.
Meshri stated that the property is 35,000 square feet and the fence will be 880'
linear feet. The problem that the
variance applies to is an area of about 140' on two different properties.
Comments
and Questions:
Mr. White asked the applicant if any of
the variance pertains to the cul-de-sac area on 46th Street? Mr. Meshri replied yes, a small section.
Interested
Parties:
None.
Board
Action:
On MOTION of PERKINS, the Board voted 4-0-0 (Dunham,
Perkins, Turnbo, White "aye"; no "nays", no
"abstentions”; Cooper, "absent") to
APPROVE a Special
Exception to allow a 6' wrought iron fence in the front yard -
increased from the allowable 4' fence. SECTION
210.B. YARDS, Permitted Obstructions in Required Yards, per plan submitted,
on the following described property:
Lot 6, Block 1, Birmingham Terrace 2nd and Lot 2,
Block 10, Villa Grove Park Addition, City of Tulsa, Tulsa County, State of
Oklahoma.
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Action Requested:
Approval of an amended site plan of a previously approved
plan (BOA 16661 & BOA 16462) to add room addition on north end of dwelling,
located 12833 East 35th Street South.
Presentation: