CITY BOARD OF ADJUSTMENT

MINUTES of Meeting No. 785

Tuesday, November 23, 1999, 1:00 p.m.

Francis F. Campbell City Council Room

Plaza Level of City Hall

Tulsa Civic Center

 

 

MEMBERS PRESENT

MEMBERS ABSENT

STAFF PRESENT

OTHERS PRESENT

Dunham, V. Chair

Perkins

Beach

Jackere, Legal

Cooper

Turnbo

 

Butler

Huntsinger

Ackermann, Zoning

Parnell, NBH Insp. 

White, Chair

 

Stump

 

 

The notice and agenda of said meeting was posted in the Office of the City Clerk on Monday, November 22, 1999, at  8:38 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 1:00 p.m.

 

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MINUTES:

      On MOTION of Dunham, the Board voted 3-0-1 (Dunham, Turnbo, White "aye"; no "nays"; Cooper " abstention"; Perkins "absent") to APPROVE the Minutes of October 26, 1999 (No. 783).

 

 

Case No. 18556

 

      Action Requested:

         Special Exception for lawn mower sales and repair in a CS District.  SECTION 701.  PRINCIPAL USES PERMITTED IN COMMERCIAL DISTRICTS - Use Unit 15, Variance of 300' setback for outdoor sales from abutting R district to 0'.  SECTION 1214.  USE UNIT 14.  SHOPPING GOODS AND SERVICES, Special Exception to waive the screening requirement between a CS District and an R District.  SECTION 212.C.1.  SCREENING WALL OR FENCE, Modification of the Screening Wall or Fence Requirement located at 8760 South Lewis Avenue

 

      Presentation:

         Mr. Beach informed the Board that the applicant has requested a continuance.

      Board Action:

         On MOTION of Dunham, the Board voted 4-0-0 (Dunham, Turnbo, White, Cooper "aye"; no "nays"; no "abstentions"; Perkins, "absent") to CONTINUE to the meeting of January 11, 2000.

 

         All that part of Southern Villa Mobile Park Amended, an addition in Tulsa County, Oklahoma, more particularly described as:  Beginning at a point in the Ely boundary of said Southern Villa Mobile Park Amended, 659.71' from the NE/c thereof; thence S 25°45'43" E along the Ely boundary of said Southern Villa Mobile Park Amended (centerline S. Lewis Ave.) a distance of 314.10' to an existing corner post of the N side of the roadway leading across a low-water dam into the addition; thence S 64°14'17" W a distance of 218.0'; thence N 25°45'43" W a distance of 314.1'; thence N 64°14'17" E a distance of 218.0' to the point of beginning, City of Tulsa, Tulsa County, State of Oklahoma

 

Case No. 18588

 

      Action Requested:

         Special Exception to permit off-street parking in a RM-2 district.  SECTION 401.  PRINCIPAL USES PERMITTED IN RESIDENTIAL DISTRICTS - Use Unit 10, located Southeast of East 15th Street & Carson

 

         Variance of required setback from centerline of Carson from 50' to 35'. SECTION 1302.B.  SETBACKS

 

      Presentation

         Mr. Beach informed the Board that the applicant made a timely request for a  continuance to December 14, 1999.

 

      Board Action:

         On MOTION of Turnbo, the Board voted 4-0-0 (Dunham, Turnbo, White Cooper "aye; no "nays"; no "abstentions"; Perkins "absent") to CONTINUE to the meeting of December 14, 1999.

 

         The N 20' of Lot 10 & all of Lot 11, Block 2, Stonebraker Heights Addition to the City of Tulsa, Tulsa County, State of Oklahoma

 

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UNFINISHED BUSINESS

 

 

Case No. 18512

 

      Action Requested:

         Special exception modifying the screening requirement to reduce the height of the required screening fence along the south parking lot from six feet to three feet.  SECTION 212.C.  SCREENING WALL OR FENCE, Modification of the Screening Wall or Fence Requirement and SECTION 1213.C.2.  USE UNIT 13. CONVENIENCE GOODS AND SERVICES.  Use Conditions - Use Unit 13, located 46th Street North and Lewis Avenue

 

      Presentation

        The applicant, Steven A. Schuller, 500 Oneok Plaza, 100 West 5th Street, attorney for QuickTrip Corporation, building a convenience store at 46th Street North and North Lewis Avenue.  Mr. Schuller mentioned this Board previously modified the screening requirement along the south side of the property between the commercial use on the CS zoned property and the residentially-used property to the south. Mr. Schuller added that the modification was to set the fence back twenty feet from the property line in order to reduce traffic hazards that could be caused by the fence being so close to the street.  Mr. Schuller stated that the end of the fence was permitted to line up with the closest parking space along the south side of the property.  Mr. Schuller stated a row of nine parking spaces are on the south side of the property, and the fence was set back from the property line to start where the parking spaces start and continue then eastward to the rear of the property.

 

        Mr. Schuller explained that the screening fence is six feet high, which allows an opportunity for a criminal element a safe hiding place behind the fence close to the cars parked in those parking spaces.  Mr. Schuller mentioned that at almost every other QuickTrip store in town where there are nearby residential areas, the applicant has always been permitted to have a lower fence adjacent to the street. Mr. Schuller indicated that it permits the fence to screen the headlights at night, but is still low enough to eliminate the opportunity for potential criminals to hide behind the fence.  Mr. Schuller proposed that the fence along the nine parking spaces be reduced to three feet high and the usual six-foot screening fence would extend eastward from the last parking space to the rear of the property. This is in harmony with the spirit and intent of the zoning code by serving the screening requirements, and preserving the security of the neighborhood.


         Comments and Questions:

         Mr. Stump stated that with the popularity of large SUV's and pickup trucks, a height of three feet is not going to block very many headlights.  A four-foot fence may block most headlights. Mr. Stump indicated that if the justification for lowering six-foot fences is to reduce criminal activity, that would apply to any screening fence in the city.  Mr. Cooper suggested that berms would be better than a three-foot fence.  Mr. Cooper stated that a three-foot fence would not help anyone.

 

      Board Action:

         On MOTION of Dunham, the Board voted 4-0-0 (Dunham, Turnbo, White Cooper "aye; no "nays"; no "abstentions"; Perkins "absent") to Approve aSpecial Exception modifying the screening requirement to reduce the height of the required screening fence along the south parking lot from six feet to three feet, 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.

 

         The W 250' of the N 300' of the NW/4 of the NW/4 of the NW/4 of Section 17, T-20-N, R-13-E, City of Tulsa, Tulsa County, State of Oklahoma

 

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Case No. 18547

 

      Action Requested:

         Appeal from determination of City of Tulsa Zoning Official that concrete grass paver blocks do not constitute "all-weather material", as defined by the provisions of Section 1800 of the Zoning Code; request for interpretation that such material does constitute "all-weather material" permitted for use in surfacing off-street parking areas in residentially-zoned districts in the alternative, a Variance from the requirement that an unenclosed off-street parking area be surfaced with an all-weather material, to permit the use of concrete grass paver blocks in a residentially-zoned district SECTION 1303.D, located at 1907 S. Boston Ave.

 

      Presentation

         Mr. Schuller, attorney for the applicant, Carmine Funding Corporation.  Mr. Schuller stated the applicant has renovated his office by conversion of a residence.  This board had previously granted them a special exception to permit office use in the RM-2 zoned district.  The area is a mixed-use area including office, and residential uses.  The applicant would prefer to use the concrete paver blocks rather than pave with asphalt.

 

      Comments and Questions:

         Mr. Dunham asked about the number of parking spaces that will be affected.  Mr. Schuller stated that there are only two parking spaces where they want to use the parking material.  Mr. Cooper asked what the difference is in this property versus others in the future.  Mr. Dunham suggested that since the structure is a log-cabin-type look in a residential neighborhood, it has more of a residential look than a parking lot would be.  Mr. White asked if there are plans to increase the size or usage of the property for parking.  Mr. Schuller stated that the two parking spaces is all that are needed.

 

      Board Action:

         On MOTION of TURNBO, the Board voted 3-1-0 (Dunham, Turnbo, White "aye"; Cooper "nay"; no "abstentions"; Perkins "absent") to uphold the decision of the Administrative Official that concrete paver blocks do not constitute "all-weather material" as defined by the provisions of Section 1800 of the Zoning Code and deny request for interpretation that such material does constitute "all-weather material" permitted in residentially-zoned districts; and APPROVE the Variance from the requirement that an unenclosed off-street parking area be surfaced with an all-weather material to permit the use of concrete paver blocks in surfacing two off-street parking places for an office.  Finding the hardship to be the property is in an RM-zoned district that still has residents living there; and will keep the flavor of the neighborhood because more concrete would cause substantial detriment to the public good or impair the purposes, spirit, and intent of the Code or the Comprehensive Plan.

 

         Lots 23 and 24, Block 2, Boston Addition, City of Tulsa, Tulsa County, State of Oklahoma

 

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Case No. 18568

 

      Action Requested:

         Variance of maximum building height in OL-zoned District from one-story to two-story SECTION 603 BULK AREA REQUIREMENTS IN THE OFFICE DISTRICTS and a Special Exception to increase FAR from .30 to .34, SECTION 603 BULK AREA REQUIREMENTS IN THE OFFICE DISTRICTS, located at 4416 South Harvard.

 

      Presentation

         Pat Carr, Guy Thiessen's (applicants) partner, 4713 E. 87th Pl., stated that at November 9, 1999 Board meeting, many members of the Board wanted to see copies of his plans and other materials.  He stated that he did provide that material to INCOG, and hoped that this Board did get a copy.  Mr. Carr stated that the applicants met with the neighbors in the area on more than one occasion.  One of the neighbor's concerns was stormwater drainage, and potential problems.  The applicant contacted a civil  engineer regarding means of alleviating the stormwater issues.  Another concern was privacy.  The applicant has agreed to build an eight-foot fence at the back of the lot, rather than a six-foot fence.  The last concern was lighting that might come into their property.  The applicant agreed to try to shield the lighting with shrubbery and keep the lighting down low.

      Comments and Questions:

         Mr. White asked if the plans submitted to the Board reflect all of these changes.  Mr. Carr replied that the plans don't reflect the lighting, but he will submit a letter to the Board as part of the record.  Mr. Carr read the letter to the Board from Ron and April Wood. 

 

      Board Action:

         On MOTION of DUNHAM the Board voted 4-0-0 (White, Dunham, Turnbo, Cooper "aye"; no "nays"; no "abstentions"; Perkins "absent") to Approve the Variance of maximum building height in OL-zoned District from one-story to two-story and a Special Exception to increase FAR from .30 to .34. A letter was submitted, dated November 19, 1999 expressing some concerns regarding drainage, lighting and a privacy fence.  On the condition that those requirements are met, and a per plan submitted, the Board approved the Variance and Special Exception finding a hardship for the variance being the topography of the lot. 

 

         The S 80' of Lot 2 and the N 20' of Lot 3, Block 2, Villa Grove Park, a subdivision in the City of Tulsa, Tulsa County, State of Oklahoma

 

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Case No. 18569

 

      Action Requested:

         Special Exception to allow a mini-storage facility in CS-zoned and RM-1-zoned districts SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL DISTRICTS & SECTION 401 PRINCIPAL USES PERMITTED IN RESIDENTIAL DISTRICTS; and a Variance to permit the increase in floor area from .5 FAR to .75 FAR SECTION 404.F.1,  SPECIAL EXCEPTION USES IN RESIDENTIAL DISTRICTS REQUIREMENTS, located at 1424 East 71st Street

 

      Presentation:

         Roy Johnsen, attorney on behalf of the applicant, The Vertical Group, Inc., submitted, a site plan and photos. Mr. Johnsen stated that the property is zoned CS on the north portion and RM-1 on the south portion.  Mr. Johnsen stated that Use Unit 16, which is self-storage or mini-storage, is permitted in either one or both of those districts.  This property is situated on the south side of 71st Street, a primary arterial, and approximately 800-900 feet east of Riverside Parkway. The self-storage facility would be a multistory building with interior hallways, electronic monitoring, and video for security.  Mr. Johnsen explained that even though the FAR would be higher, the intensity of use is much less than the ordinance allows. Mr. Johnsen pointed out that the RM-1 requirements will all be met.   Mr. Johnsen stated that on the access road on the west, a wrought iron fence will be built along the drive boundary, from the access gate south on the west boundary.  He stated that the three story building will be located on the east of the drive. 

 

      Comments and Questions:

         Mr. White asked Mr. Johnsen if there would be any problem with the screening mentioned in staff comments.  Mr. Johnsen replied that there would be no problem meeting the screening requirements. 

 

      Interested Parties:

         Harold Burlingame, 6670 South Lewis, Suite 200, owner of the property on the west, spoke his support of the project.  He stated that he had viewed pictures of the proposed screening and building.

 

      Board Action:

         On MOTION of DUNHAM the Board voted 4-0-0 (White, Dunham, Turnbo, Cooper "aye"; no "nays"; no "abstentions"; Perkins "absent") to APPROVE a Special Exception to allow a mini-storage facility in CS-zoned and RM-1- zoned district and Variance to permit the increase in floor area from .5 FAR to .75 FAR, finding the hardship to be the intensity of the use in accordance with the ordinance, with the condition that there be no open-air storage. 

 

         Lot 1, less N 290' of W 44.3' less N 35' of E 114.7' thereof, Valley Bend Subdivision in City of Tulsa, Tulsa County, State of Oklahoma

 

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Case No. 18587

 

      Action Requested:

         Special Exception to allow college and university uses (Use Unit 5) in a SR zone district.  SECTION 851,  PRINCIPAL USES PERMITTED IN THE SCIENTIFIC RESEARCH DISTRICT. Use Unit 5, located at 4502 East 41st Street.

 

      Presentation:

         Mac Roesser, attorney representing the University of Oklahoma, Tulsa Health Sciences Center.  The application was filed by the Amoco Production Company, the record owner of the property.  The University is the proposed purchaser of the property.  The site plan was submitted for the sixty-acre tract at 41st and Yale.  Excluded from the application is a one-acre tract to the northeast corner of the property, which is zoned CS.  The balance of the property is zoned SR, and the University is seeking a Special Exception to allow Use Unit 5, college and university uses, in an SR-zoned district.  Ken Lackey, 1219 East 21st Place, President of the University of Oklahoma at Tulsa specified to the Board that the facility would be used for classroom, library, administrative office space, research space, and headquarters for five colleges of the University of Oklahoma and Tulsa Health Sciences Center.  He emphasized that there would be no new structures along 41st Street except for signage at the corner of 41st and Yale, and no new structures adjacent to the west and south property lines.

 

      Interested Parties:

         Terry Doverspike, City Council District 7, 200 Civic Center, indicated he recognizes that 41st and Yale is a developmentally sensitive part of his district.  There has been substantial reinvestment at the Promanade Mall and across the street at the former Southroads Mall.  Mr. Doverspike stated that he believes the proposal by O.U. for the use of this site is compatible with the development, and an excellent buffer between the residential developments adjacent to this tract and the high intense use of 41st  Street and to the east of 41st and Yale.  Mr. Doverspike informed the Board that he has contacted the City of Tulsa Public Works Department and the Mayor's office to increase the priority for redevelopment of the 41st and Yale intersection to a high priority project, as yet unfunded.  This would allow it to be part of the 2001 sales tax extension vote.  Mr. Doverspike reported on behalf of the Mayor's office, that the Mayor supports this application.  He submitted a letter from the President of the Patrick Henry Neighborhood Association, stating the unanimous approval by their board of this application. 

 

         Wayne Ferguson, 4161 East 41st Street, submitted a letter expressing support of the zoning exception to the Amoco facility at 41st and Yale and signed by Mr. Ferguson and other neighbors of the area.

 

         Toni Barr, 4353 South Yale Ave., expressed concern that she has not seen the City of Tulsa's Master Plan to accommodate the traffic in that area.  She indicated the streets were inadequate for 700 to 800 cars per an eight hour day versus the same number of cars there for Amoco in a twenty-four per day basis.  She expressed concern that O.U. did not present their plans for the Yale side of the property.  She stated that she would like to have O.U. as a neighbor, but she does not want her house to go if streets need to be widened.

 

         Jana Wilson, 4023 South Vandalia, stated she has lived at this address for fourteen and one-half years, and recently had a third garage door installed due to flooding in the neighborhood.  The City Public Works/Storm Water Department explained to her that the flooding is due to inadequate stormwater drainage at 41st and Yale.  She described the flow of water that goes through her garage, causing some cumulative property damage and personal property loss.  Her concern is that if O.U. decided to make any changes in the facility along 41st Street that it could exacerbate the flooding problem.  She asked that the Board delay a decision on this item until the Stormwater Engineering Division has a chance to look into the drainage problem at that intersection. 

 

         Arthur H. Yeter, 4303 South Sandusky, expressed his concern for any new structures that may be built.

 

      Applicant's Rebuttal

         Mr. Lackey stated that O.U. has no current plans for development along Yale and certainly no plans for development at 41st and Yale, other than perhaps signage.  He stated that the campus-like atmosphere is what appealed to  O.U., and they intend to maintain it.  He stated there will be no student housing for these graduate students.  Mr. Lakey stated that they do not contemplate having nearly the traffic that Amoco had at its height.  The traffic patterns would vary at different intervals of the day.  He stated their desire to be good citizens, part of the neighborhood, and blend in with the community.

 

         Mr. Roesser stated that the standard for the Special Exception is that it be in harmony with the spirit and intent of the code, and not injurious to the neighborhood or detrimental to the public welfare.  He believes that the proposed uses are much less intense than the uses that might eventually result if it was marketed to a commercial user.

 

      Board Action:

         On MOTION of DUNHAM the board voted 3-0-1(White, Dunham, Turnbo "aye'; no "nays"; Cooper "abstention"; Perkins "absent") to APPROVE the Special Exception to allow college and university uses (Use Unit 5) in an SR zoning district per plan submitted, 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.

 

         The NE/4 of the NE/4 and the N/2 of the SE/4 of the NE/4 both in Section 28, T-19-N, R-13-E, City of Tulsa, Tulsa County, State of Oklahoma

 

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Case No. 18572

 

      Action Requested:

          Variance to allow encroachment into the required 60' setback from East 46th Street, SECTION 403. BULK & AREA REQUIREMENTS IN THE RESIDENTIAL DISTRICTS.

 

      Presentation:

         Jim Graber, representing the applicant, Mr. Zinkel, stated that Mr. Zinkel wants to make improvements to his home, adding a garage and addition off his bedroom.  The problem is the home is positioned  with frontage on both sides of his property.  The address shown is incorrect.  It is actually 47th Street and 47th Place.  He has sixty-foot setbacks from 47th Street and 47th Place.  The applicant is requesting the setback to be moved to 40' per plan. 

 

      Interested Parties:

         Mary Ann Sherman, 4714 South Delaware Ave., stated that the back of her house is adjacent to this property.  She expressed concern that the dimensions are measured from the center of the right-of-way by the zoning code, resulting in the new addition being within seven feetof her property line.

 

      Applicant's Rebuttal

         Mr. Grabel suggested that there may be confusion regarding how close the addition would be to Ms. Sherman's property.  The addition will meet the city setback requirements. 

 

      Board Action:

         On MOTION of DUNHAM the Board voted 4-0-0 (White, Dunham, Turnbo, Cooper "aye"; no "nays"; no "abstentions"'; Perkins "absent") to APPROVE  the Variance to allow encroachment into the required 60' setback from East 46th Street, as requested per plan, finding the hardship to be the fact that the lot has streets on both the front and back, and there have been a number of similar encroachments on the same street. 

 

         Lot 4, Block 4, Cardinal Crest Addition, City of Tulsa, Tulsa County, State of Oklahoma

 

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Case No. 18575

      Action Requested:

         Special Exception to allow a church and related church uses in an AG-zoned district.  SECTION 301.  PRINCIPAL USES PERMITTED IN THE AGRICULTURE DISTRICT - Use Unit 5, located at SE/c E. 66th St. & S. Mingo Rd.

 

      Presentation:

         William B. Jones, 15 East 5th Street, Suite 3800, represented Asbury United Methodist Church.  The church has exceeded the size of its facility and desires to purchase the new property.  The property will be platted to address the setback requirements, deal with any drainage problems, parking and height restrictions.  They submit this request for approval upon the condition that they file a plat. 

 

      Comments and Questions:

         Mr. White asked when the city council would be hearing this item for zoning.  Mr. Jones indicated he believes it will be in a week.  Mr. Dunham asked if the applicant has seen notes from staff suggesting conditional approval of the site plan.  Mr. Jones replied that they will submit a plat and a Master Plan.

 

      Board Action:

         On MOTION of DUNHAM the Board voted 4-0-0 (White, Dunham, Turnbo, Cooper "aye"; no "nays", no "abstentions" Perkins "absent") to APPROVE the Special Exception to allow church and related church uses in an AG 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.

 

         A tract of land that is part of Government Lot 6 in Section 6, T-18-N, R-14-E, of the IBM, Tulsa County, State of Oklahoma

 

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Case No. 18576

 

      Action Requested:

  Variance of the required 75' setback from an R-zoned district to 50'. SECTION 903.  BULK AND AREA REQUIREMENTS IN THE INDUSTRIAL DISTRICTS - Use Unit 15, and Special Exception of the required screening from the south property line to provide alternative screening with shrubs and trees,  located 9800 East 59th Street

 

      Presentation: 

         Scott Jaynes, 7912 East 32nd Court, Suite 200, representing Jack Bloss - Bloss Sales and Rental.  The RS zoning does not abut the property line.  This would require the builder to set the building back another 75' to the back of the property.  The applicant would like to build at a 50' setback from the property line because of the atypical zoning line change. 

 

      Board Action:

         On MOTION of DUNHAM, the Board voted 4-0-0 (White, Dunham, Turnbo, Cooper "aye", no "nays"; no "abstentions"; Perkins "absent") to APPROVE a Variance of the required 75' setback from R-zoned district to 50'. SECTION 903.and Special Exception, of the required screening from the south property line to provide alternative screening with shrubs and trees, finding the hardship on the variance to be the unusual zoning pattern.

 

         Lot 1, Block 1, Bloss Addition, an addition to the City of Tulsa, Tulsa County, State of Oklahoma

 

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Case No. 18577

      Action Requested:

         Variance of side yard requirement from 10 feet to 5 feet on north side of property to allow new construction.  SECTION 403. BULK AND AREA REQUIREMENTS IN RESIDENTIAL DISTRICTS

 

      Presentation:

         Danny Sadler, owner of the home, stated that his family has lived there for approximately six and one-half years.  They plan to build a longer driveway to a detached two-car garage and a porte-cochere.

      Board Action:

         On MOTION of DUNHAM the Board voted 4-0-0 (White, Dunham, Turnbo, Cooper "aye"; no "nays"; no "abstentions"; Perkins "absent") to APPROVE the Variance of the sideyard requirement from 10 feet to 5 feet on north side of property to allow new construction, as submitted per plan, finding the hardship to be the size of the lots and the number of variance is consistent with the neighborhood.

 

         Lot 4, Block 3, Louise Addition, City of Tulsa, Tulsa County, State of Oklahoma

 

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Case No. 18578

 

      Action Requested:

         Amend a required tie contract to release Lot 10, Block 3, Henry Addition, located S. of SW/c E. Young St. N., & N. Owasso Ave.  SECTION 401. PRINCIPLE USES PERMITTED IN THE RESIDENTIAL DISTRICTS.

 

      Presentation:

         Richard Walker, 2235 North Norfolk, pastor of the church on the property in this case made the presentation.  He stated that Lot 10 was left out when a previous request was made to release Lots 9 and 11 from a tie contract. 

 

      Interested Parties:

         Bernice Alexander, 2124 North Owasso Ave., president of the Neighborhood Association in the area, expressed concern regarding Rev. Walker (also a City employee) holding properties and trading them off to the City, thereby denying potential property owners and developers the opportunity to develop the area.

 

         George Monroe, 1111 East Young Street,  expressed his concern that the church not build anything too close to his club building at 1123 East Young Street that would prevent him from re-opening it.

 

         Mr. Amley Floyd, 1034 East Young Street, expressed concern over the intentions of the church for the use of the property and what impact it may have on the neighborhood.

 

      Comments and Questions:

         Mr. Dunham asked if there was any reason why this lot was not released when the adjoining property was released, if there was a site plan, and if releasing this property would put them out of compliance with parking requirements, etc.  Rev. Walker replied to the Board that Lots 9 and 11 were not the church's property and they needed to be released from the tie contract.  Lot 10 has belonged to Pilgrim Rest Baptist Church since 1986.  This request involves no expansion to correct the tie agreement.  Mr. Beach advised the applicant in April 1999 to hire someone to research this matter before coming back to the BOA to eliminate the confusion.  Ms. Turnbo asked if cars are ever parked on Lot 10.  Rev. Walker responded that the only use of the property is for Easter Egg Hunts.

 

      Board Action:

         On MOTION of DUNHAM the Board voted 4-0-0 (White, Dunham, Turnbo, Cooper "aye"; no "nays"; no "abstentions"; Perkins "absent") to CONTINUE this application to the 12-14-99 BOA meeting with the condition that the applicant submit a site plan to staff ahead of time.

 

         Lots 9, 10, 11 and 14 - 18, Block 3, Henry Addition, City of Tulsa, Tulsa County, State of Oklahoma

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Case No. 18579

 

      Action Requested:

         Special Exception to allow Use Unit 25 in a CH-zoned district. SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL DISTRICTS and a Variance of the required 50' setback from the centerline of a non-arterial street to 45' SECTION 903.  BULK AND AREA REQUIREMENTS IN THE INDUSTRIAL DISTRICTS, located at 5162 South 24th West Ave.

 

      Presentation:

         Charlie Daniels, 8710 South 68th East Ave., stated that the building was destroyed by a tornado in May 1999, and applicant wants to build on the same foundation with no expansion. 

 

      Board Action:

         On MOTION of DUNHAM the Board voted 4-0-0 (White, Dunham, Turnbo, Cooper "aye"; no "nays"; no "abstentions"; Perkins "absent") to APPROVE the Special Exception, to allow Use Unit 25 in a CH-zoned district and a Variance of the required 50' setback from the centerline of a non-arterial street to 45' on the condition that the new building will use the existing foundation and not be expanded, finding that it will not cause substantial detriment to the public good or impair the purposes, spirit, and intent of the Code, or the Comprehensive Plan.

 

         A tract of land in the NW/4 of the NE/4 of Section 34, T-19-N, R-12-E being more particularly described as follows, to-wit:  Beginning at a point on the W line of the NW/4 NE/4 on the Sly right-of-way line of US Highway 66 by-pass, thence E and parallel to the said right-of-way line a distance of 471.05'; thence S 500' thence W 471.05'; thence N 500' to the point of beginning less the N 200' of the W 173.05' thereof and less the N 8' of the E 63.05' of the W 471.05' thereof, City of Tulsa, Tulsa County, State of Oklahoma

 

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Case No. 18580

 

      Action Requested:

         Special Exception to permit a church in an RS-3-zoned district. SECTION 401. PRINCIPAL USES PERMITTED IN RESIDENTIAL DISTRICTSUse Unit 5, located at Southwest corner of  34th Street & North Delaware

 

      Presentation:

         Pastor James Williams, Ministry of Reconciliation, 3000 South Dogwood Place, Broken Arrow, expressed his church's desire to purchase property for ministry to people in north Tulsa, primarily to the youth.  The property is located across from a police station, which offers opportunity to provide services to the police officers of north Tulsa, and to provide opportunities for at-risk youth that they may come into contact with.  It is across the street from the Amos T. Hall Recreation Center, which offers further opportunity for the church to minister to the youth of north Tulsa.

 

      Board Action:

         On MOTION of COOPER, the Board voted 4-0-0 (White, Dunham, Turnbo, Cooper "aye"; no "nays"; no "abstentions"; Perkins "absent") to APPROVE a Special Exception to permit a church in a RS-3-zoned district, finding that it 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.

 

         A tract of land beginning 215' W of the NE/c of the SW/4 of the NW/4 of the NE/4 of Section 20, T-20-N, R-13-E, Tulsa County, State of Oklahoma thence SW 120'; thence SW 629.28'; thence W 100'; thence N 660'; thence E 445' to the point of beginning and being located in an RS-3 zoned district.

 

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Case No. 18581

 

      Action Requested:

         Variance of setback from an abutting street from 50' to 42' in an RS-3 district to permit an addition to a public library. SECTION 403. BULK AND AREA REQUIREMENTS, located at 551 East 46th Street North. 

 

      Presentation:

         Jim Healey, 324 East 3rd Street, representing the owner, the Tulsa City/County Library System.  The property is located on the northwest corner of Garrison and 46th Street North.  The existing arrangement of the facility has parking on the north and an entrance on the south.  Additions are being made to the building and would work best to move the main entrance to the east side of the building.  Mr. Healey described a proposed entrance canopy which would extend four feet past the existing setback

 

      Board Action: