CITY BOARD OF ADJUSTMENT
Tuesday,
April 25, 2000, 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,
Vice Chair |
|
Beach |
Prather,
Legal |
|
Cooper Turnbo |
|
Stump |
Ackermann,
Zoning
Official |
|
White,
Chair |
|
|
|
|
Perkins |
|
|
|
The notice and agenda of said meeting was posted in the Office of the City Clerk on Thursday, April 20, 2000, at 02:48 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 1:05 p.m.
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Action
Requested:
Review and approval of detailed site plan as required by conditions on BOA #17658.
Presentation:
Mr. Beach informed the Board and the applicant, Wallace O. Wozencraft, that a new legal description, and new advertising would be required to cover the full property. At the time the application was filed and notice was given, the new Trinity Park subdivision plat had not been filed yet. The notice was given based on the land area contained in the old Trinity Park, which is a smaller parcel than the intended subject tract.
Board
Action:
On
MOTION of
Dunham,
the Board voted 4-0-0 (White, Dunham, Turnbo, Perkins, "aye"; no "nays"; no
"abstentions"; Cooper "absent") to CONTINUE
Case No. 18725 to the hearing on May 23, 2000 regarding the following described
property:
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Action
Requested:
Variance from
555.00 square feet allowable signage to 722 square feet on north face of
building. SECTION 1221.E. USE UNIT
21. BUSINESS SIGNS AND OUTDOOR
ADVERTISING, CG, CH, CBD, IL, IM, and IH Use Conditions for Business Signs – Use
Unit 11, located at 110 W. 7th St.
Presentation:
The applicant,
Brian Ward, 9520 E. 55th Pl., stated the sign is in proportion with
the building. He stated that the
difference from the north and south sides of the building is that on the north
side of the building there is a third business sign and building address.
Protestants:
None.
Board
Action:
On
MOTION
of Dunham,
the Board voted 4-0-0 (White, Dunham, Turnbo, Perkins, "aye"; no "nays"; no
"abstentions"; Cooper "absent") to APPROVE
a Variance
from 555.00 square feet allowable signage to 722 square feet on north face of
building, per page 1.5, finding the hardship to be the height of the building,
on the following described property:
Lots 1-6, Block 175, Original Town
or Block 1, Cities Service, City of Tulsa, Tulsa County, State of Oklahoma
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Action
Requested:
Variance to exceed the 32 SF maximum display surface area for bulletin board to 104 SF. SECTION 402.B.4.a. ACCESSORY USES IN RESIDENTIAL DISTRICTS, Accessory Use Conditions; a Variance to permit a flashing sign in an RS-3 district. SECTION 402.B.4.a. ACCESSORY USES IN RESIDENTIAL DISTRICTS, Accessory Use Conditions, located at 3027 S. New Haven.
Presentation:
James
Adair, 7508 E. 77th Street, stated that the sign code would allow
as much as 126 square feet for signage on the frontage at the Tulsa Public Board
of Education facility, and the total signage is within that measurement. He added that the proposed electronic
message board is slightly larger than the code allows for that type of
sign. He stated that it is a
commonly used method for a larger volume of information to be displayed. He explained that if it were any smaller
it would be too small to see.
Comments and
Questions:
Mr. Cooper brought up the fact that this type of sign has been approved mostly for very large open land sites. He indicated that the signs are designed to flash and distract or attract attention. Mr. Cooper stated that Mr. Adair mentioned that this is becoming a precedent. Mr. Cooper stated that if the Board is comfortable with continuing to approve these signs, then he felt the Board should make this a milestone, that these flashing signs are ok. Mr. White stated that each sign is looked at on its own merit. Mr. Dunham stated that he wanted the record to reflect that this is not a blanket approval of these types of signs, that each one will be considered individually.
Protestants:
None.
Board
Action:
On
MOTION
of Dunham,
the Board voted 5-0-0 (White, Dunham, Turnbo, Perkins, Cooper "aye"; no "nays";
no "abstentions"; no "absences") to APPROVE
a Variance
to exceed the 32 SF maximum display surface area for bulletin board to 104 SF,
per plan submitted, finding the hardship to be the unusually large size of the
site, and the sign would not be oversized on the following described
property:
E/2,
SE/4, SW/4, Section 16, T-19-N, R-13-E, City of Tulsa, Tulsa County,
Oklahoma
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Action
Requested:
Variance of setback from the centerline of Sheridan from 100’ to 56’. SECTION 703. BULK AND AREA REQUIREMENTS IN THE COMMERCIAL DISTRICTS – Use Unit 2; a Special Exception to permit a produce stand in a CS district for five years of operation from May 1 to September 30, from 8:00 a.m. to 8:00 p.m., seven days per week. SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL DISTRICTS, located at 8104 S. Sheridan.
Presentation:
Mike
McLearan, 8801 E. 191st St., Bixby, stated he that he has been
running his fruit stand for eight years and needs to relief as stated in the
action requested.
Comments and
Questions:
None.
Protestants:
None.
Board
Action:
On MOTION of Dunham, the Board voted 5-0-0 (White, Dunham, Turnbo, Perkins, Cooper "aye"; no "nays"; no "abstentions"; no "absences") to APPROVE a Variance of setback from the centerline of Sheridan from 100’ to 56’; and a Special Exception to permit a produce stand in a CS district for five years of operation from May 1 to September 30, from 8:00 a.m. to 8:00 p.m., seven days per week, on the following described property:
Lots 1 and 2, Block 1,
Lucenta Addition, City of Tulsa, Tulsa County, State of Oklahoma
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Action
Requested:
Variance of parking requirement for a bar from 25 to 14 spaces, with removal of time limit of three years set by BOA #17612 on January 14, 1997. SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL DISTRICTS – Use Unit 12.a.; a Special Exception to allow Use Unit 12a. within 150’ of an R zoned district. SECTION 1212a.D. USE UNIT 12a. ADULT ENTERTAINMENT ESTABLISHMENTS, Off-Street Parking and Loading Requirements, located at 3945 E. Admiral Pl.
Presentation:
Andy
Ballenger, 5818 E. 77th St., spoke for the applicant, Patricia
Vercellini because she has laryngitis.
She stated that the applicant requests a permanent variance of the
parking requirement at this time.
Comments and
Questions:
Mr. Beach stated that the previous variance expired on January 14, 2000, and therefore does not require a removal. Ms. Turnbo asked staff if the Board was inclined could they grant the variance again with another three-year limit. Mr. Beach replied affirmatively. Mr. Dunham asked how long the bar has been located on the site. Ms. Ballenger replied it has been there almost eight years. Discussion ensued.
Protestants:
None.
Board
Action:
On MOTION of Dunham, the Board voted 5-0-0 (White,
Dunham, Turnbo, Perkins, Cooper "aye"; no "nays"; no "abstentions"; no
"absences") to APPROVE Variance of parking requirement
for a bar from 25 to 14 spaces, with a time limit of five years, from April 25,
2000; and a Special Exception to allow Use Unit 12a., limited to the use as a
bar, specifically prohibiting any sexually oriented business activity to within
150’ of an R zoned district, on the following described
property:
Lots 26 - 29, Block 2, Federal Heights, City of Tulsa, Tulsa County, State of Oklahoma
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Action
Requested:
Special Exception
to permit auto tire sales and service in a CS district. SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL
DISTRICTS – Use Unit 17, located at 11339 E. 11th
St.
Presentation:
The applicant,
Richard Hendricks, 11339 E. 11th Street, stated his
application is to run a tire shop.
He stated that he purchased the property, and has been located in the
area for 20 years.
Comments and
Questions:
Mr. Dunham asked Mr. Hendricks if he had any need for outside display or storage of merchandise, and is there any problem with all service activities being conducted indoors. Mr. Hendricks stated that they can do all the service indoors if necessary, but it will keep him from giving as fast service as he would like.
Protestants:
James
Mautino,
14628 E. 12th St., stated he is on the Board of Tower Heights
Neighborhood Association. He added
that Nancy Craten, president of Western Village Neighborhood Association, and
John Roy with Mingo Valley Association asked him to speak for them regarding
this case. Mr. Mautino submitted
photos and reviewed them for the Board, describing the conditions where he
questions setbacks from property lines, outside storage and other
items.
Eck
Ruddick,
14673 E. 11th, with Tower Heights Neighborhood Association, described
similar complaints. He stated that
there was an outdoor display of merchandise on the day before within 75’ of an R
zoned district. He opposes a
trailer on the site for storage of waste tires. He reminded the Board that the business
fronts on Historical Highway 66. He
states that he feels this business belongs in a use unit 28, and that does not
exist in CS zoning. He requested
that this application be denied.
Name
inaudible,
came before the Board representing the motel and property owners next door to
the subject property. He stated
that he spoke with Mr. Hendricks the day before, and comes today to express
their concerns. He submitted
pictures taken over the weekend before the meeting. He described their concerns regarding
the portable building, which is seven feet from the property line rather than
the 15’ required and similar concerns.
Applicant’s
Rebuttal:
Mr.
Hendricks stated that the tire storage problem could be taken care of. He stated that there are no tires in the
back of the building, only wheels.
He stated that the wheels are stacked neatly, and he had no idea there
would be a problem with the wheels.
He suggested that he could build a fence to screen the view of the
wheels. He informed the Board that
he tried to buy permits to move the building, but was told that the movers had
to buy them, and apparently they did not purchase the permits. He stated that he needs the building for
storage of new and used tire inventory.
Board
Action:
On
MOTION
of Dunham,
the Board voted 5-0-0 (White, Dunham, Turnbo, Perkins, Cooper "aye"; no "nays";
no "abstentions"; no "absences") to APPROVE
a Special Exception
to permit auto tire sales and service in a CS district, with the conditions that
there be no outside storage or display of merchandise of any kind in front or
behind the building; that all service activities must be conducted indoors; and
that the building that has been moved on the premises must go the permitting
process and meet all City Codes and requirements, then must be skirted or placed
on foundation, on the following described property:
Beg. at the most Sly SE/c Lot
1, Block 1, Crossroads Mall Addition, thence N 126.15’, E 157.50’, S 126.15’, W
157.50’ to POB, Section 5, T-19-N, R-14-E, City of Tulsa, Tulsa County, State of
Oklahoma
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Action
Requested:
Special Exception
of screening requirements to provide an alternative of screening with additional
landscaping. SECTION 1211.C.1. USE
UNIT 11. OFFICES, STUDIOS, AND
SUPPORT SERVICES, Use Conditions – Use Unit 11, located at 5001 E. 91st St.
S.
Presentation:
The applicant,
Mike Lang, 5 West 22nd, stated he was representing Red Crown
Federal Credit Union. He stated
that the credit union is constructing new offices on the subject property. He stated that according to the zoning
code they are supposed to have a fence between the subject property and the
properties to the east and north. He added that the property to the east is a
library and they have a very nice campus-like atmosphere; and AAA is developing
the property to the north, with plans for a campus-like atmosphere. Mr. Lang pointed out that letters from
the neighboring businesses were submitted with a request for this application to
be approved. He stated that the
landscaping plans were also submitted.
Protestants:
None.
Board
Action:
On MOTION
of Dunham,
the Board voted 5-0-0 (White, Dunham, Turnbo, Perkins, Cooper "aye"; no "nays";
no "abstentions"; no "absences") to APPROVE
a Special Exception
of screening requirements to provide an alternative of screening with additional
landscaping, per plan, on the following described
property:
Lot 1, Block 1, Red Crown
Federal Credit Union Addition, City of Tulsa, Tulsa County, State of
Oklahoma
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Action
Requested:
Variance of maximum allowable coverage of the required rear yard by an accessory building from 20% to 36%. SECTION 210.B.5. YARDS, Permitted Obstructions in Required Yards – Use Unit 6, located 1919 S. Gary Pl.
Presentation:
The applicant,
Steven Curtis, 1919 S. Gary Pl., stated he bought the property last
June. He stated that as the
property stands now there was a two-car garage plot, a slab where the structure
burned down two years ago. It was
replaced with a single-car garage but placed it in the middle of the existing
slab. He stated that he would like
to restore it to a two-car garage, and improve the property by replacing the
paved driveway from the street and the slab, removing a chain-link fence that
crosses the driveway.
Comments and
Questions:
Ms. Turnbo asked when the house was built. Mr. Curtis replied that it was built in 1929. Ms. Turnbo verified with the applicant that the structures would be constructed just as shown on the site plan.
Protestants:
None.
Board
Action:
On MOTION
of
Dunham,
the Board voted 5-0-0 (White, Dunham, Turnbo, Perkins, Cooper "aye"; no "nays";
no "abstentions"; no "absences") to APPROVE
a Variance
of maximum allowable coverage of the required rear yard by an accessory building
from 20% to 36%, per plan, finding the hardship to be the depth of the lot; that
it does adjoin a commercial district on the east; that it was built in 1929
before the zoning codes; and would not be detrimental to the neighborhood, on
the following described property:
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Action
Requested:
Variance of
minimum 750 square feet for detached accessory building to 2520 square feet on a
tract of two acres zoned RS-3.
SECTION 402.B.1.d. ACCESSORY USES IN RESIDENTIAL DISTRICTS, Accessory Use
Conditions – Use Unit 6, located at 14919 E. 15th
Pl.
Presentation:
The applicant,
Paul Wood, 145 S. 145th E. Ave., stated that he is building a
new home on the subject property.
He stated that he wants to build a large, detached garage adjacent to the
property, to store classic cars. He
stated the garage would be constructed with the same brick used for the house,
as close as possible. He described
the area as rural, stating one neighbor has cows, and all of the lots are near
2-5 acres or more. He submitted
photos showing there are a number of other detached garages in the
neighborhood.
Comments and
Questions:
Mr. Dunham asked if the applicant would object to a condition that it be used for personal use only with no commercial activities. The applicant stated that he has no objection. Mr. Beach asked how many square feet would be in the new house. Mr. Wood stated there would be approximately 3,000 square feet.
Interested
Parties:
Eck Ruddick,
14673
E. 11th Pl., stated that as a member of the Board of Directors of
Tower Heights Neighborhood Association, this particular property is within their
confines. He stated that they
believe the home will be an asset to the neighborhood, they believe he will not
use if for commercial uses, and the association is in favor of the
application.
James Mautino,
14628
E. 12th St., stated that he is familiar with Mr. Woods present home,
and the good care he gives to his property.
Board
Action:
On
MOTION
of Cooper,
the Board voted 5-0-0 (White, Dunham, Turnbo, Perkins, Cooper "aye"; no "nays";
no "abstentions"; no "absences") to APPROVE
a Variance
of minimum 750 square feet for detached accessory building to 2520 square feet
on a tract of two acres zoned RS-3, with no commercial use, and the
architectural style of the garage will be similar to the house, per plan,
finding the hardship to be the size of the lot is exceptionally large, on the
following described property:
W 264’ of N/2 NW SW Section 10, T-19-N, R-14-E, City of Tulsa, Tulsa County, State of Oklahoma
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Mr.
Cooper stated he would abstain from the following
case.
Action
Requested:
Special Exception
to allow Use Unit 5 (children’s nursery) in an OL zoned district. SECTION 601. PRINCIPAL USES PERMITTED IN OFFICE
DISTRICTS – Use Unit 5, located at 5700 E. 61st
St.
Presentation:
Roy
Johnsen, came as the attorney for the applicant, St. Francis Hospital, owner
of the subject property. The
property is located at the corner of 61st Street and Hudson,
currently zoned OL and the structure has been previously used as an office
building. He stated that a daycare
in that facility would require a Special Exception by Board of Adjustment
approval. He explained that the
facility is intended to provide before and after school daycare for employees of
St. Francis Health System.
Protestants:
None.
Board
Action:
On
MOTION
of Turnbo,
the Board voted 4-0-1 (White, Dunham, Turnbo, Perkins "aye"; no "nays"; Cooper
"abstains"; no "absences") to APPROVE
a Special Exception
to allow Use Unit 5 (children’s nursery) in an OL zoned district, per plan,
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, on the following described property:
Lot 1, Block 1, amended Plat of Warren Center East, City of Tulsa, Tulsa County, State of Oklahoma
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Action
Requested:
Variance
of 30’ street frontage requirement to 0’.
SECTION 206. STREET FRONTAGE
REQUIRED – Use Unit 9, located W of Sheridan, S of E. 30th St.
N.
Presentation:
Richard Kosman,
5350 E. 46th St., gave a history of the area, stating there is a
mobile home park to the west of the subject property. He stated the area was designed in three
phases, and phase one was built. He
stated that since then, what would have been phase two was sold off and it was
incorporated into the Plat. He
explained that now the owner of Cavalier Park wishes to purchase the property
that would have been phase two. He
stated that is the reason for this application for a lot-split. He stated that the next phase would be a
request to rezone the area to RMH and split the industrial park into two parts,
and make this Cavalier Park II, and the north half would be Fasco Industrial
Park Amended, and vacate the Plat.
Protestants:
None.
Board
Action:
On
MOTION
of Dunham,
the Board voted 5-0-0 (White, Dunham, Turnbo, Perkins, Cooper "aye"; no "nays";
no "abstentions"; no "absences") to APPROVE
a Variance
of 30’ street frontage requirement to 0’.
SECTION 206, with the conditions that a new Plat be filed of record
before any new building permits are issued; and that the 35’ easement along the
west side of property be a part of approval per plan, on the following described
property:
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Action
Requested:
Variance
from required minimum lot area from 9,000 square feet to 7,400+ square
feet. SECTION 403. BULK AND AREA REQUIREMENTS IN THE
RESIDENTIAL DISTRICTS – Use Unit 6; a Variance from required rear yard setback
from 25’ to 20’. SECTION 403. BULK AND AREA REQUIREMENTS IN THE
RESIDENTIAL DISTRICTS; and a Variance from required front yard setback from 30’
to 20’ to permit construction of single-family residence upon irregularly-shaped
lot as platted. SECTION 403. BULK AND AREA REQUIREMENTS IN THE
RESIDENTIAL DISTRICTS, located at 2439 N. Main St.
Presentation:
Stephen
A. Schuller,
500 OneOk Plaza, 100 W. 5th St., came as attorney for the applicants,
Pam and Henry Leon. He stated that
they are acquiring the property from Pam’s mother. He stated that the area is owned RS-2,
even though many of the lots in the area do not conform to the RS-2 zoning lot
size requirements. He added that
many of the lots on this block are similar in size to lots in the RS-3 zoned
district, immediately to the north and east of the subject property. He pointed out that this property is
located at the edge of Reservoir Hill, platted in the early 1920’s. He added that this particular lot has
never been developed. The
applicants have selected a very nice two-story house plan that would fit on the
lot in style and design with the other houses in the neighborhood. He stated that the lot is larger in size
than some of the lots on the street but is smaller than some of the others. Mr. Schuller stated that architect and
builder informed him that the lot area is 7,445 square feet. He pointed out that the lot has an
unusual shape, with a front and rear yard, and one side yard. He suggested that to orient the house in
a logical manor, facing the street, lining it up with the other houses on the
street, it would need to be set back 20’ from the property line. Mr. Schuller reminded the Board that
Main Street has a 60’ right-of-way, which is not shown on the Major Street
and Highway Plan as a collector street, but the actual paved street is only
about 25’ or 26’ wide. He indicated
that the setback requested, would locate the house back 37’ from the paved
street, and one corner of the rear of the house would encroach into the rear
yard setback by five feet. Mr.
Schuller also mentioned that other neighboring properties to the east in the
RS-3 neighborhood have garages and outbuildings set much closer to their rear
property line than the corner of this house would be.
Protestants:
Kathleen
Franklin,
2455 N. Cheyenne, stated that this is a very historic neighborhood, and the
concern is that by allowing such a variance it might set a precedent for other
areas of the neighborhood for development.
She stated that the existing space flows with the contour of the hill,
and the irregular shape does not lend itself to that type of development. She pointed out that the neighborhood
has several pre-existing, vacant and extremely dilapidated homes in the 2400
block of north Cheyenne. She stated
that it has been suggested that since those homes have been in disrepair for 3-5
years that the City tear them down and make the space available to new
development. She submitted a letter
of protest from another neighbor.
Applicant’s
Rebuttal:
Mr. Schuller
stated that the precedent has already been set by existing construction and
previous variances and exceptions that have been granted, not only in this area
but also throughout the city. This
is exactly the kind of lot where this sort of very minor relief is
appropriate.
Interested
Parties:
Virginia Franklin, 2455 N. Cheyenne, stated that the concern
is that particular block is so attractive that another new structure might give
it a crowded appearance or distract from the beauty of the area.