CITY BOARD OF ADJUSTMENT
Tuesday,
January 11, 2000, 1:00 p.m.
Aaronson
Auditorium
Tulsa
Central Library
400
Civic Center
|
Dunham,
Vice Chair |
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Beach |
Prather,
Legal |
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Cooper Turnbo |
|
Butler |
Ballentine,
Neighborhood Insp. |
|
White,
Chair |
|
|
|
|
Perkins |
|
|
|
|
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The notice and agenda of said meeting was posted in the Office of the City Clerk on Monday, January 7, 2000, at 01:37 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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Action
Requested:
Variance of required setback for garages from street from 25 to
16. SECTION 603. BULK AND AREA REQUIREMENTS IN THE OFFICE
DISTRICTS Use Unit 6, located NE/c E. 49th St. & S. Yorktown
Ct.
Presentation:
Mr. Beach stated that this case has been withdrawn.
Interested
Parties:
None.
Board
Action:
Chair White
stated Case is withdrawn.
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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; and 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 stated that this case was previously continued, and there are
some discrepancies related to the legal description. Mr. Moody and the applicant are working
to resolve those discrepancies.
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
Continuance of Case 18556 to the Board of Adjustment meeting on
01-25-00 regarding the following described property:
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.
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Action
Requested:
Appeal from Building Inspectors decision to issue a building permit for a nightclub that does not have required parking and does not meet the 300 spacing requirement from other adult businesses, SECTION 1605. APPEALS FROM AN ADMINISTRATIVE OFFICIAL, located at 3340 S. Peoria
Presentation:
Mr. Beach stated that the applicant made a timely request for continuance to the Board of Adjustment meeting on 02-22-00.
Interested
Parties:
Mr. White asked the homeowners association representatives if the
02-22-00 meeting would be convenient for them. They replied in the
affirmative.
Board
Action:
On
MOTION of Perkins, the Board voted 4-0-0
(Perkins, Dunham, Turnbo, White, "aye"; no "nays"; no "abstentions"; Cooper,
"absent") to APPROVE a
Continuance of Case 18612 to the Board of Adjustment meeting on
02-22-00 regarding the following described property:
The N 49.5 of Lot 19, less the E 25, Block 2, Burgess Acres Amended, City of Tulsa, Tulsa County, Oklahoma.
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Action
Requested:
Appeal from the decision of an Administrative Official that the subject
property is in violation of the certificate of occupancy and zoning clearance of
Restaurant Use Unit 12. SECTION 1605. APPEALS FROM AN ADMINISTRATIVE OFFICIAL,
located SW/c E. 35th Pl. & S. Peoria.
Presentation:
Staff is recommending a continuance at the applicants request, as
applicant was not given sufficient notice for todays hearing after he filed his
appeal.
Interested
Parties:
Homeowners
association representatives are present.
Board
Action:
On
MOTION of Turnbo, the Board voted 4-0-0 (Perkins,
Dunham, Turnbo, White, "aye"; no "nays"; no "abstentions"; Cooper, "absent") to
APPROVE a
Continuance of Case 18617 to the Board of Adjustment meeting on
01-25-00 regarding the following described property:
The E 110 of Lot 5 less the N 30 of the W 20 of the E 110 of Lot 5, and less the E 10 of Lot 5, Block 3, Peoria Gardens Addition Amended, City of Tulsa, Tulsa County, Oklahoma
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Action
Requested:
Special Exception to allow automobile sales (Use Unit 17) in a CS zoned district. SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL DISTRICTS Use Unit 17, and a Variance to allow open-air storage and display of merchandise abutting an R zoned district. SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL DISTRICTS, located at 2711 E. Admiral Pl.
Presentation:
Mr. Beach stated that Councilor Turner requested before the meeting to
continue this case. Mr. Turner did
not offer a reason or request a date.
Comments and
Questions:
Mr. White responded that the Board can grant one continuance per side on
an individual application. Mr.
White asked the applicant if it would be a problem to continue the case to
01-25-00. The applicant, Mr. Romero
replied that it would not be a problem.
Board
Action:
On
MOTION of Perkins, the Board voted 4-0-0
(Perkins, Dunham, Turnbo, White, "aye"; no "nays"; no "abstentions"; Cooper,
"absent") to APPROVE a
Continuance of Case 18624 to the Board of Adjustment meeting on
01-25-00 regarding the following described property:
Lot 16, Ozarka
Place, City of Tulsa, Tulsa County, Oklahoma.
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Action
Requested:
Special Exception to permit the Use Unit 5, Private School Recreation and
Athletic Facilities and Fields as shown on the site plan in the OM, OL and RM-1
zoning districts applicable to the site.
SECTION 1205.C. USE UNIT 5.
COMMUNITY SERVICES AND SIMILAR USES, Off-Street Parking and Loading
Requirements. Use Unit 5, and a
Variance of the off-street parking requirements in Use Unit 5, Section 1205.C of
the Zoning Code to permit the 720 off-street parking spaces provided for the
football and soccer stadium bleachers to satisfy the combined off-street parking
requirements for the football/soccer stadium, the athletic facilities building
and the baseball and softball fields.
SECTION 401. PRINCIPAL USES
PERMITTED IN RESIDENTIAL DISTRICTS and SECTION 601. PRINCIPAL USES PERMITTED IN OFFICE
DISTRICTS, located E side of S Wheeling & N of E. 78th
St.
Presentation:
Mr. Beach stated that staff is recommending a continuance to the Board of
Adjustment meeting on 01-25-00. A
site plan or other information to evaluate this application was not available
until the agenda packet was mailed out.
Interested
Parties:
None
Board
Action:
On
MOTION of Turnbo, the Board voted 4-0-0 (Perkins,
Dunham, Turnbo, White, "aye"; no "nays"; no "abstentions"; Cooper, "absent") to
APPROVE a Continuance
of Case 18625 to the Board of Adjustment meeting on 01-25-00, regarding the
following described property:
Lot 1, Block 15, Kensington, Blocks 15 & 17 and Tracts 1-3, as
described below: Tract 1: A part of
the S/2 NE of Section 7, T-18-N, R-13-E, being more particularly described as
follows: Commencing at a point on the S line of the NE of Section 7, T-18-N,
R-13-E and 50 W of the E line of said Section 7; thence N 89°4842
W a distance of 880 to the POB; thence S 0°1003
W a distance of 370; thence N 89°4842
W a distance of 414.1; thence N 89°4842
W a distance of 414.1; N 0°1003
E a distance of 554.75; thence S 89°4842
E a distance of 364.10; thence S 0°1003
W a distance of 185; thence S 89°4842
E a distance of 50 to the POB; Tract 2: A part of the S/2 NE of Section 7,
T-18-N, R-13-E, more particularly described as follows: Commencing at a point on the S line of
the NE of said Section 7, T-18-N, R-13-E, and 50 W of the E line of said
Section 7; thence N 89°4842
W a distance of 880; thence S 0°1003
W a distance of 370; thence N 89°4842
W a distance of 414.1 to the POB; thence continuing N 89°4842
W a distance of 392.43; thence N 0°1003
E a distance of 554.89; thence S 89°4842
E a distance of 392.43; thence S 0°1003
W a distance of 554.75 to the POB; and Tract 3: A part of the S/2 NE of Section
7, T-18-N, R-13-E, more particularly described as follows: Commencing at a point on the S line of
the NE of Section 7, T-18-N, R-13-E, and 50 W of the E line of said Section 7;
thence N 89°4842
W a distance of 880; thence S 0°1003
W a distance of 370; thence N 89°4842
W a distance of 806.53 to the POB; thence continuing N 89°4342
W a distance of 298.47 to the E boundary of Block 13 Kensington Addition;
thence continuing N 89°4842
W a distance of 20 to the Ely right-of-way of S. Wheeling Ave.; thence N
0°1003
E along said right-of-way, a distance of 555; thence S 89°4842
E a distance of 20 to a point on the Ely boundary of said Block 13, Kensington;
thence continuing S 89°4842
E a distance of 313.47; thence S 0°1003
W a distance of 554.89 to the POB, all in the City of Tulsa, Tulsa County,
Oklahoma, and being located in an OL, OM, RM-1 and PUD 128B zoned
district.
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MINUTES:
On
MOTION of Turnbo, the
Board voted 4-0-0 (Perkins, Dunham, Turnbo, White "aye"; no "nays"; no
"abstentions; Cooper, "absent") to APPROVE the Minutes of
November 9, 1999 (No. 784).
On
MOTION of Turnbo, the Board voted 4-0-0 (Dunham,
Turnbo, White, Perkins "aye"; no "nays"; no "abstentions; Cooper, "absent") to
APPROVE the Minutes of
November 23, 1999 (No. 785) as amended with exception of Case No. 18547 for
staff to research the motion.
On
MOTION of Turnbo, the
Board voted 5-0-0 (Perkins, Dunham, Turnbo, White, Cooper "aye"; no "nays"; no
"abstentions; no "absences") to APPROVE the Minutes of
December 14, 1999 (No. 786).
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Action
Requested:
Variance of the setback from East 11th Street from 40' to
37.6' for addition to existing restaurant, SECTION 215. STRUCTURE SETBACK FROM ABUTTING STREETS
Use Unit 12, located at 1809 E. 11th St.
Presentation:
Brent Morrison, 1809 East 11th Street, stated he is
asking for a variance of two feet,
six inches to allow outdoor seating accommodation during nice weather. It would be handicapped accessible and
would not obstruct the walkway.
Interested
Parties or Protestants:
None.
Comments and
Questions:
Mr. Dunham asked if the applicant would have a problem with a removal
contract, if the city wanted to widen the street. Mr. Morrison replied he would not. Mr. Dunham asked what the applicants
hardship would be. Mr. Morrison
replied if the space is only 50 it makes the area too small for comfortable
seating at a table. Mr. Dunham
asked if it is an open air space.
Mr. Morrison replied affirmatively.
Mr. White asked if this change would affect parking. Mr. Beach replied that it would
not.
Board
Action:
On
MOTION of Dunham, the
Board voted 5-0-0 (Cooper, Perkins, Dunham, Turnbo, White, "aye"; no "nays"; no
"abstentions"; no "absences") to APPROVE
a Variance of the setback from East 11th Street
from 40' to 37.6' for addition to existing restaurant, subject to a removal
contract, per plan on the following described property:
E 138' of N 52.5', Lot 1 and all of Lots 2 & 3, Clover Ridge Addition, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception to permit church and accessory church uses in an RS-3
district. SECTION 401. PRINCIPAL
USES PERMITTED IN RESIDENTIAL DISTRICTS Use Unit 5, located at E.
35th St. & Peoria.
Presentation
Pam Deatherage, 1516 E. 36th St., appeared as a
representative of Southminster Presbyterian Church, and a resident of Brookside
neighborhood. The church requests
that the current residential zoning to the west and south of the church be
changed to allow church use. The three properties on Norfolk are deep lots, and
they would like to expand the playground, moving the fence to allow that
expansion. A house was removed at
1123 E. 35th Pl., exposing a partial basketball court, and they would
like to add a screening fence around that property. She stated that the only difference
would be the screen fence around the partial basketball court, and it would
encroach on the 6900 square feet of the empty lot.
Comments and
Questions:
Mr. White asked if Ms. Deatherage had read the staff comments. She stated she had not, but that she has
spoken with Mr. Beach. She stated
that Mr. Beach suggested the church maintain 6900 square feet on the RS-3
properties with houses. She stated
that the properties that front on Norfolk are 50 wide, they should still be
able to move fence and expand the playground.
Protestants:
David Paddock,
Vice-President of zoning for the Brookside Neighborhood Association appeared to
protest the application. He stated
that at a meeting of the neighborhood association, there were 33 members in
attendance. Fifteen neighbors voted
to deny this action. Thirteen
neighbors approved of Use Unit 5 with restrictions. He stated they are concerned about
parking problems, and patrons of bars loitering on the property. He stated that the playground already
extends past the lot line. Mr.
Paddock stated that the neighborhood agreed to Use Unit 5, with
restrictions. He listed five
restrictions they believe are necessary:
1. No
ingress or egress into resident neighborhood
2. Lighting
should be shielded from the neighborhood houses
3. No
extension of Norfolk through existing lot into 34th
St.
4. Restrict
any more development including buildings, play grounds, fences, daycare, and
parking lots
5. Adequate
screening where Use Unit 5 abuts a non-Use Unit 5 RS-3 and RD zoned
districts.
Byron Brown 1040
E. 35th Pl., appeared to represent a group of 22 people on a petition
to oppose the application to remove the single-family residences. Their concerns were compatible with
those listed by the neighborhood association. They request that the restrictions
listed by the neighborhood association be applied if application is
approved.
Comments and
Questions:
Mr.
White asked Mr. Beach if the houses can be removed from the lots. Mr. Beach stated that the houses can be
removed but the lots are still only zoned for residential use.
Interested
Parties:
Jerry
Goodman,
member of Southminster Presbyterian Church, on the land-use planning committee
for 35 years. The church began
buying the land because they needed it for parking. They currently do not need more parking
space. They seek to improve
Brookside by their land-use to decrease density and increase green space.
Carol
Ashcraft,
lives in the Brookside neighborhood, across the street from the basketball
court. She states she filed for a
continuance to have opportunity to see what the neighbors had to say. Ms. Ashcraft stated that she was
satisfied that the church has agreed to build a screening fence.
Protestants:
Martha
Tarwater,
3516 S. Norfolk, appeared to oppose the removal of the houses. She would like to keep the area
residential.
Interested
Parties:
Cindy
Bagwell,
1337 E. 32nd Pl., as a member of the church, does voluntary clean up
of the church parking lot and nearby Brookside. The church has offered the use of their
parking space to neighboring businesses, and they do a lot for the community,
such as picking up litter.
Comments and
Questions:
Mr. White asked Mr. Beach if the Board was inclined to approve this
application, and the church wanted to use the lots for parking, would they have
to come back before the Board of Adjustment for a public hearing. Mr. Beach stated that the Board can
approve a Use Unit 5 with restrictions of use, setbacks, and
fences.
Applicants
Rebuttal:
Ms. Deatherage stated that the church tries to be a good neighbor. The church was constructed without a
parking lot. Now they have a
parking lot, and a nearby business has offered the use of their parking lot to
the church, so there is no need for more parking.
Comments
and Questions:
Mr. Dunham asked if she had looked at the restrictions suggested by the
neighborhood association. She
replied that she saw them. Ms.
Deatherage replied that items one, two, and three are not a problem. The daycare center is in the church
building, the parking lot on the east is used for daycare. Attendance is not
growing and there is no need for expansion. The fourth restriction appears to negate
what the application is asking for.
Mr. Dunham asked if the application was approved, would the church have a
problem with some restriction for phase one.
Board
Action:
On
MOTION of Dunham, the
Board voted 5-0-0 (Cooper, Perkins, Dunham, Turnbo, White, "aye"; no "nays"; no
"abstentions"; no "absences") to APPROVE a Special
Exception to permit church and accessory church uses in an RS-3 district
per submitted phase one plan with the condition that the areas with residences
must maintain 6900 square feet of land area, 4000 square feet of living space
per dwelling, with the conditions that no additional ingress or egress for
parking into the existing residential neighborhood and the lighting is shielded
from the neighborhood on the following described property:
The E 400 of a 25 Reserve Area lying directly north of Lots 1-4; the N
140 of Lot 1; the N 140 and the E 87.5 of the S 140 of Lot 2; all of Lots 3
and 5; the N 140 of Lot 4; the N/2 of Lot 6 and the N 15.08 of W 170 of S/2
of Lot 6; all in Block 2, Peoria Gardens Addition and Lots 53-56, Block 1,
Burgess Acres, City of Tulsa, Tulsa County, Oklahoma.
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Action
Requested:
Variance of the allowable height for a fence from 4' in front to 6'-6" on
brick wall. SECTION 210.B. YARDS, Permitted Obstructions in Required Yards Use
Unit 6, located at 3124 S. 137th E. Ave.
Presentation
Armando Ramirez, 3124 S. 137th E. Ave., presented
photos to the Board. The case was
heard before and the Board asked for photos to be presented.
Comments and
Questions:
Mr. Dunham clarified that the variance is on an existing fence. Ms. Turnbo noted that Ms. Parnell stated
the fence measured five feet, eleven inches at the tallest point. Mr. White stated the statuary on fence
goes even higher. Mr. Ballentine
stated that the height of the statuary on fence would also have to be
considered.
Protestants:
Ken Dearsted, 3107
S. 137th E. Ave., appeared to protest because the neighborhood
covenant does not allow fences in the front yard. The fence was constructed with no
permits. The city ordinance allows
four feet for fence, and this is above that limit.
Comments and
Questions:
Ms. Turnbo explained that the Board only deals with city ordinances, not
neighborhood covenants. Mr. White
asked for the height at the top of the wrought iron fence. The applicant replied the highest point
would be about six feet and not more than six feet, six inches. Mr. Dunham stated he observed that this
is the only yard in the neighborhood with a front fence. Mr. Dunham stated that if the fence is
against the covenant, the decision by the Board will not have any effect on
it. Mr. White stated that there are
no other fences and it is injurious to the neighborhood in that respect. Mr. Cooper asked what part is
injurious. He does not think there
is any obstruction. Ms. Perkins
stated she believes the applicant needs to abide by the requirement of four
feet, and if it were level it would be in compliance.
Board
Action:
On
MOTION of Dunham, the
Board voted 4-1-0 (Perkins, Dunham, Turnbo, White, "aye"; Cooper "nay"; no
"abstentions"; no "absences") to DENY the Variance of the allowable height for a fence from
four feet in front to six feet, six inches on brick wall, on the following
described property:
Lot 14, Block 11,
Summerfield, City of Tulsa, Tulsa County, State of Oklahoma.
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NEW
APPLICATIONS
Action
Requested:
Variance to permit off-street parking on a non-all weather surface. SECTION 1303.D. DESIGN STANDARDS FOR OFF-STREET PARKING AREAS Use Unit 12a; a Special Exception to the required number of parking spaces from 34 to 22. SECTION 1408.B.4. ADULT ENTERTAINMENT ESTABLISHMENTS; and a Special Exception to modify the screening requirement fr