CITY BOARD OF ADJUSTMENT
Tuesday,
May 9, 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 |
|
Butler |
Ackermann,
Zoning
Official |
|
White,
Chair |
|
|
|
|
Perkins |
|
|
|
|
|
|
|
|
The notice and agenda of said meeting was posted in the Office of the City Clerk on Thursday, May 4, 2000, at 12:41 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 1:00 p.m.
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MINUTES:
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 March
28, 2000 (No. 792).
Action
Requested:
Special Exception pursuant to the provisions of Section 902 allowing the office use of the recreational vehicle trailer for the lessee’s business operations. SECTION 902. ACCESSORY USES PERMITTED IN INDUSTRIAL DISTRICTS – Use Unit 23; and a Special Exception pursuant to the provisions of Section 222 permitting a gravel surface on the drive, which serves the recreational vehicle trailer/office. SECTION 222. MOTORIZED VEHICLES, located at 2315 N. Yale Ave.
Presentation:
Mr. Beach stated that Mr. LaFortune made a timely request for continuation to May 23, 2000, to determine the exact relief needed.
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. 18712 to hearing on May 23, 2000.
Lots 1 and 2, Block 1 and Lot 5, Block 2, S R Lewis Addition to the City
of Tulsa, Tulsa County, Oklahoma
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Action
Requested:
Variance of
required parking on lot containing use to allow parking to be provided on
another lot. SECTION 1301.D. GENERAL REQUIREMENTS – Use Unit 5; and a
Special Exception for a cultural facility in an IM zoned district. SECTION 901. PRINCIPAL USES PERMITTED IN INDUSTRIAL
DISTRICTS, 1414 E. 4th St.
Presentation:
Mr. Beach stated that a new notice is needed for this case. He suggested that if the Board is inclined to continue this case that they leave the date unspecified at this time and let the new notice announce the date.
Interested
Parties/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
CONTINUE
Case No. 18737 to an unspecified hearing date, on the following described
property:
Lot 8 & part of Lot 9,
Block 19, Lynch & Forsythe’s Addition, City of Tulsa, Tulsa County, State of
Oklahoma, Beg. NE/c; thence Wly .32 Sly to point on SL Ely .14 Nly to the
POB
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Action
Requested:
Special Exception
for light office use in an RM-1 district.
SECTION 401. PRINCIPAL USES
PERMITTED IN RESIDENTIAL DISTRICTS – Use Unit 11, East of Indianapolis on south side of E.
33rd St.
Presentation:
Mr. Beach stated that this case needs to be stricken from the agenda, as the legal description was incorrect and it will need to be re-advertised.
Board
Action:
No
Board action needed, case is stricken from the agenda.
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Action
Requested:
Variance of the
required setback for garages from 25’ to 20’. SECTION 603. BULK AND AREA REQUIREMENTS IN THE OFFICE
DISTRICTS – Use Unit 6; and a Variance of required rear yard of 15’ to 10’. SECTION 603. BULK AND AREA REQUIREMENTS IN THE OFFICE
DISTRICTS, NE/c E. 49th St. & S. Yorktown
Ct.
Presentation:
Mr. Beach stated
that the applicant has withdrawn the application.
Board
Action:
No
Board action needed.
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Case
No.18718
Action
Requested:
Special Exception
to permit auto sales in a CS district.
SECTION 701. PRINCIPAL USES
PERMITTED IN COMMERCIAL DISTRICTS; a Variance to permit open-air storage or
display of merchandise offered for sale within 300’ of an adjoining R
district. SECTION 1217.C.2. USE
UNIT 17. AUTOMOTIVE AND ALLIED
ACTIVITIES, Use Conditions; a Variance of required all-weather surface for
off-street parking. SECTION
1303.D. DESIGN STANDARDS FOR
OFF-STREET PARKING AREAS; a Variance of off-street parking setback from the
centerline of abutting street within 50’ of an R district. SECTION 1302. SETBACKS; and a Special Exception to
modify screening fence requirement from an abutting R district. SECTION 1217.C. USE UNIT 17. AUTOMOTIVE AND ALLIED ACTIVITIES, Use
Conditions and SECTION 1228.E. USE UNIT 28. JUNK AND SALVAGE YARDS, Screening
Requirements, located at 3813 N. Lewis.
Presentation:
Ray
Bates,
6330 N. Utica, spoke on behalf of the applicant, Carl
W. Ecker,
because Mr. Ecker is hard of hearing.
Mr. Bates stated that the original application to the Board of Adjustment was submitted
for auto sales on a 2.23-acre tract at 3813 N. Lewis. He stated that this property and the
property to the north of it have been used for automotive related businesses
since 1948. He stated that Mr.
Ecker desires to have auto sales on the frontage and to use the rear portion for
storage and salvage parts. He added
the Mr. Ecker went to the City of Tulsa to get a permit for auto sales, and
occupancy use, and salvage in the rear.
Mr. Bates submitted a packet of information and photos to the Board
(Exhibits A-1, A-2).
Mr. Cooper
arrived.
He stated the
applicant has done a lot of clean-up, repaired privacy fences, roofed the building, repaired the
parking area, painted the front of building and continues to improve the
property.
Comments
and Questions:
Mr. Ackerman stated that the rear of the
property is considered to be grandfathered in after annexation as a
non-conforming use for auto salvage without any further action of this
Board. He stated that the front portion of the property would
need a Special Exception for auto sales.
Interested
Parties:
None.
Comments
and Questions:
Mr. Beach stated
that this property is a lawfully non-conforming salvage yard, but there are some
other things that need to come into compliance with a change of use. He stated that the Comprehensive
Plan designates this as a sensitive area that needs to be cleaned up and
discourages the establishment of any other salvage yards or similar types of
uses. He indicated that auto sales
would probably be an
improvement.
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 Special Exception
to permit auto sales in a CS district, for a period of five years; a
Variance to permit open-air storage or display of merchandise
offered for sale within 300’ of an adjoining R district, finding the hardship to
be that this has been a legal non-conforming use as a salvage yard; a
Variance of required all-weather surface for off-street parking,
for five years, same hardship as above; a Variance of off-street
parking setback from the centerline of abutting street within 50’ of an R
district, for a period of five years, and same hardship as above; and a
Special Exception to modify screening fence requirement from an
abutting R district, with condition that fence must be immediately constructed
on the east property line, and that if the use on the north property line
changes from a salvage yard that at that point a screening fence be provided on
the north property line, for a period of five years, on the following described
property:
N/2 S/2 NW SW SW and N .29’
of E 200’ of a tract beg. 726’ N of SW/c SW SW, thence E 250’ N 100’ W 250’ S
100’ to POB less W 50’ and E 25’ thereof for road, Section 17, T-20-N, R-13-E
containing 2.216 acres, City of Tulsa, Tulsa County, State of Oklahoma
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Case
No.18728
Action
Requested:
Amend previous
conditions established by BOA 17544 limiting length of stay for RVs to 48 hours
to allow length of stay of up to 96 hours and the requirement that a screening
fence be installed separating the residence to the east to waive required
screening. SECTION 402. ACCESSORY USES IN RESIDENTIAL DISTRICTS
– Use Unit 2, located SW/c E. 7th St. & S. Garnett.
Presentation:
Dan
Frietus,
1309 N. 78th E. Ave., stated that Moose International has changed
their agenda. He informed the Board
that they have extended their quarterly conferences to include Thursday, Friday,
Saturday and Sunday, and therefore they are asking for 96 hours. Mr. Frietus, stated that they in no way
want to make an RV-lot on the property, they just want to be able to use it when
they have their functions for people coming from out of town in
RV’s.
Comments
and Questions:
Mr. Dunham asked
the applicant how many functions they have in a year. Mr. Frietus replied that they have four
legion celebrations, plus their spring and fall conferences. Mr. Dunham asked if the residence
adjacent to the east, which is on the RD zoned property belongs to the Moose
Lodge. Mr. Cooper asked when the
scheduled activities are throughout the year. Mr. Frietus replied that they have
activities scheduled in January, February, April, July, September, October and
December, but only four are held in Tulsa.
He stated that the February and September activities are definite dates
for Tulsa. Mr. Dunham asked if
known dates are January, April, July, October and December are known dates with
one of them not in Tulsa. Ms.
Turnbo asked if they have seven electrical hook-ups, as allowed in the 1996
Board of Adjustment action. Mr.
Frietus responded in the affirmative.
She also asked about the wording regarding a maximum of ten hook-up
sites. Mr. Frietus stated that on
the north lot there are ten electrical boxes, and each box has two hook-ups,
which would allow twenty motor homes to connect to electricity. Mr. Frietus added that there is space
for twenty motor homes to park, but some of them use their own generators.
Interested
Parties:
Robert
Johnson,
704 S. Garnett, stated that he lives in the house on the corner adjacent to the
property. He stated that he has
never seen a problem on the property.
He added that the largest number of RV’s he has counted at one time was
thirteen.
Comments
and Questions:
Ms. Turnbo
mentioned a comment from the 1996 minutes of the previous case that stated
occasionally a member would visit the lodge on their way through town. Mr. Frietus stated that it is true that
a member may make an overnight stay on occasion. John
Roy,
9018 E. 38th St., stated he was representing the East Tulsa Mingo
Valley Association, and that they oppose the application to extend the
activities from 48 hours to 96 hours.
He stated that the neighbors do not want the appearance of an RV
park. He also added that the Lodge
is a well-maintained property, and if they own the property on the corner, then
the neighbors see no need for the screening fence. Mr. Roy indicated that the neighborhood
association would have one condition to request, that if the occupancy of the
property changes that no more RV’s be allowed on the property (Exhibit
B-1).
Applicant’s
Rebuttal:
Mr. Frietus
stated that Moose International owns the property, and they have no intention of
making it an RV park. He pointed
out that there are no public water or toilet facilities available, and no one
other than members may use the facility to park an RV, and the RV’s can only be
parked on the black-top.
Comments
and Questions:
Ms. Turnbo
commented that in the minutes of the previous action, the Lodge was required to
put up a screening fence, and it was not constructed. Mr. Frietus apologized, stating that he
overlooked that requirement when he heard a Board member comment that a fence
would spoil the property and the view.
Discussion by the Board ensued.
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 request to Amend
previous conditions established by BOA 17544 limiting length of stay for RVs to
48 hours to allow length of stay of up to 96 hours not to exceed the six events
of the year, including the third weekend in February, the third weekend in
September, and a weekend in four of the five months of January, April, July,
October and December; at any other time than those scheduled events the 48 hour
stay would apply; any motor home or recreational vehicle must be parked on the
hard-surfaced area; and to WAIVE the requirement for a screening
fence between the paved area and the existing RD zoned area.
N 317.5’ of Lots 24 & 25,
Block 2, East Eleventh Park Subdivision and Lot 1 less E 162.0’, Block 2, East
Eleventh Park Subdivision, City of Tulsa, Tulsa County, State of Oklahoma
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Case
No.18729
Action
Requested:
Variance of
required livability space from 4,000 square feet to 3,100 square feet. SECTION 403. BULK AND AREA REQUIREMENTS IN THE
RESIDENTIAL DISTRICTS – Use Unit 6; and a Variance of rear yard coverage from
required 20% to 53%. SECTION 210.B.
YARDS, Permitted Obstructions in Required Yards, located 2507 E. 17th
Pl.
Presentation:
Donald
L. Barkman,
5210 S. 74th St. E. Ave., stated he is an agent for the owner of the
property, Tom Drummond. He
submitted a letter from Mr. Drummond (Exhibit C-7).
Comments
and Questions:
Mr. Cooper asked
Mr. Barkman if he saw the staff comments.
Mr. Barkman replied that he had not seen them. Mr. Cooper informed him that there were
a number of questions regarding the dimensions the applicant provided to the
staff. Mr. Beach explained that the
zoning map based on the county assessor’s record shows the property to be 150’
deep north and south, but the applicant’s site plan only shows it to be 130.2’
deep. Mr. Beach asked what happened
to the extra 20’ and where would it be on the plan, and it raises the
possibility that no relief is needed.
Mr. Barkman stated that the extra footage would be out front, because the
garage is definitely five feet from the rear property line. Mr. White read the letter submitted by
the applicant, which stated that the purpose would be to eliminate parking one
car on the street and one on the driveway.
Ms. Perkins questioned why the garage would be 18’ x 40’. Mr. Barkman explained that because the
shape of the yard and a tree, the only way to build was to make it long enough
to park two cars end to end instead of side by side. Mr. White asked how he would access the
garage. Mr. Barkman replied that he
purchased an easement from the neighbor to the west to come in from Atlanta
Street to the garage. Mr. White
asked if he is aware of the 24’ storm sewer easement with the 54’ storm sewer in
place across the back of the property.
Mr. White stated that the proposed garage plans would place it about
halfway into it. Mr. Barkman stated
that this was not addressed by the City at any time during the application
process.
Interested
Parties:
Carol
Lambert,
2508 E. 17th St., stated that her property is directly north of the
property in this case and her fence is the one that would be five feet from the
garage. She submitted photos
(Exhibit C-8) of homes in the Lewiston Gardens neighborhood; most of them with
one car attached or detached garages, built in the 1930’s. She stated that a structure using 53% of
the rear yard is excessive, when the code only allows 20%. She also mentioned concern for water
drainage during heavy rains, since some neighbors already have some trouble with
storm water drainage. She submitted
a petition signed by about 26 neighbors, and letters of protest from other
neighbors and the neighborhood association president (Exhibits C-1, 2, 3, 4, 5,
and 6).
Marilyn
Spencer
stated that she owns the property to the east of the subject property. She stated that the applicant has
already built around the deck and added a bedroom at the back. She made it known that she is opposed to
this application.
Kirby
McAlester,
2514 E. 17th St., stated he lives immediately adjacent to the subject
property to the northeast. He
described the neighborhood as quaint, with small homes built in the late 1930’s
on narrow, deep lots. He believes
that this application would be a detriment to the neighborhood.
Applicant’s
Rebuttal:
Mr. Barkman
stated that the applicant just wants a garage in the back and the measurements
on the site plan are accurate.
Comments
and Questions:
Ms. Perkins
continued to question Mr. Barkman about the size of the proposed structure. She asked him if Mr. Drummond
plans to use the garage for anything other than park his cars. Mr. Barkman stated the he would store a
mower and other yard equipment in there.
Board
Action:
On
MOTION of
Turnbo,
the Board voted 5-0-0 (White, Dunham, Turnbo, Perkins, Cooper "aye"; no "nays";
no "abstentions"; no "absences") to DENY
the request for a Variance
of required livability space from 4,000 square feet to 3,100 square feet, and a
Variance of rear yard coverage from required 20% to 53%, finding it would be
detrimental to the neighborhood, on the following described
property:
Lot 7, Block 2, Lewiston
Gardens 2nd Addition, City of Tulsa, Tulsa County, State of
Oklahoma
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Case
No.18732
Action
Requested:
Variance
to permit a wall sign to extend above the top of the parapet or building wall on
which it is located. SECTION
1221.C. USE UNIT 21. BUSINESS SIGNS
AND OUTDOOR ADVERTISING, General Use Conditions for Business Signs – Use Unit
21, located NE/c E. 21st St. & Sheridan.
Presentation:
Don
Haslam,
502 W. 6th St., came representing Neighborhood Financial Centers
(NFC), the sub-lessee of the applicant Trans American Stores. He submitted a clearer site plan
(Exhibit D-1, 3) with photos (Exhibit D-2). He pointed out that the main problem was
that the sign cannot be seen as well because of the setback from the street and
the property dips down away from the street.
Interested
Parties/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 permit a wall sign to extend above the top of the parapet or building wall on
which it is located, per plan submitted, which shows it would extend three feet
above the existing wall, finding the hardship to be the distance of the building
from Sheridan and 21st Street, and the elevation change, for the
following described property:
Part of Lots 1 and 3,
Twenty-First and Sheridan Center, more particularly described as follows: Beg.
at a point 290’ N of the SW/c of said Lot 3; thence N 00º08’45” E along the W
line of said Lot 1 335’; thence due E 700’; thence S 00º04’45” W 625’ to a point
on the S line of said Lot 1; thence due W along said S line 177’; thence N
21º55’37” E 140.14’; thence due W 207’; thence S 00º08’45” W 110’; thence due E
10’; thence S 00º08’45” W 20’ to a point on said S line; thence due W along said
S line 51’;thence N 00º08’45” E 130’; thence due W 225’; thence N 00º08’45” E
160’; thence due W 100’ to the POB, containing 355,913 SF or 8.17 acres, more or
less, City of Tulsa, Tulsa County, State of Oklahoma.
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Case
No.18733
Action
Requested:
Special Exception
to reduce the number of required off-street parking spaces. SECTION 1408.B.4. NONCONFORMITIES; ADULT
ENTERTAINMENT ESTABLISHMENTS; and a Variance from the required spacing from
another similar establishment.
SECTION 1212a.C.3.c. USE UNIT 12a.
ADULT ENTERTAINMENT ESTABLISHMENTS, Use Conditions, located at 5989 E.
25th Pl.
Presentation:
Stephen
Schuller,
500
OneOk Plaza, 100 W. 5th St., came on behalf of R & M Music
Company for a bar known as “The Living Room”, at 5989 E. 25th
Pl. The bar has existed for 25 to
30 years. He stated that when the
owner applied for the certificate of occupancy to renew their liquor license,
the City Zoning Officer identified two deficiencies, prompting these requests
for relief. Mr. Schuller stated
that his client measured the distance from the front of the subject business to
the bar in the strip mall, and found it to exceed 300’. (Exhibit E-1) site plan was
submitted.
Mr. Schuller stated
that he just received the letter (Exhibit E-3) from Gary Watts, City Councilor
to the Board stating concern that there is not a buffer between the two
establishments. Mr. Schuller disagreed, pointing out that there is an automotive
or tire store facility between the two buildings and the third bar is a couple
of doors down within a strip center, making the strip shopping center a
buffer. He also showed on the
aerial photo that the street access to his client’s bar is on 25th
Place, the street access to the other bar is on Sheridan Road. Mr. Schuller mentioned that the letter
also implied that there is a concentration of adult entertainment establishments
in the area, but he knows of no others than these two and they are separated by
the required 300’.
Mr. Schuller
informed the Board that the subject structure is a 2400 square foot building
with a small deck at the rear, and 22 instead of the 33 required parking spaces
on the property. Mr. Schuller
stated the property is only a quarter of an acre, and 22 spaces is all that will
fit on that property, because of the way the building is situated, there is no
way to re-arrange it to make more space.
This is a neighborhood bar, and some of the traffic is walk-ins from the
residential neighborhood, which somewhat reduces the need for parking
spaces. There is not much traffic
on the street or in this fairly small bar. Nothing is being added that would
increase traffic or intensity of use.
Comments
and Questions:
Mr. Cooper asked
if the bar has been in business continuously for 25 years. Mr. Schuller replied that he could not
guarantee that it has had the same name, but it has been in business as a bar
for 25 to 30 years.
Interested
Parties:
Gary
Watts,
1564 S. Gillette, stated he is a City Councilor representing District IV. He stated that he did provide a letter
to the Board because he did not know if he would be able to attend the
hearing. He also provided a letter
that was unsolicited from Charlene Stanford regarding this case. Councilor Watts stated that the reasons
for opposition stated in Ms. Stanford’s letter are exactly the reasons that the
City Council passed the ordinance in 1993 restricting the footage between such
an establishment and a residential district. He mentioned that a grace period was set
for such bars to come into compliance and those that did not comply were
closed. He stated that the fact
that this bar has not been sited before should not deprive this particular
neighborhood from the relief that they are entitled to under the ordinance. He pointed out that this
establishment abuts to a residential side yard and the property is very
narrow. He observed that there is
not any unusual topography or physical feature in this case that would buffer or
discourage the unwanted traffic between the two bars or that kind of interaction
with the residential neighborhood.
Jim
McDougal,
5961 E. 25th Pl., submitted a colored map (Exhibit E-2) to the Board,
and reviewed the identifying colors on it. He stated that the bar has been
opened and closed numerous times and has not been in continuous operation. He added that the neighborhood has had
to put up with loud music that vibrates their doors and windows. He stated that one bar owner, when asked
to turn down the music, turned it up instead. He added that the bar patrons
ignore the no parking signs.
He indicated that when they park in the no parking area, it becomes a
one-lane street that might not permit a fire truck to pass through if there was
an emergency. He told the Board
that the bar patrons park in nearby business lots, trash the area with litter,
cause vandalism and fights, make tire tracks in residential yards. He stated that the 5900 block is a
long block that stretches from Joplin to Sheridan, and there is already a
serious traffic and speeding problem.
He submitted several letters of protest from neighbors (Exhibits E-3
through E-13).
Comments
and Questions:
Mr. Cooper asked
Mr. McDougal if there was ever a three-year period of time when the bar was
closed down. Mr. McDougal could not
recall that happening. Mr. White
asked if the noise was coming from outside speakers or coming from the inside of
the bar. Mr. McDougal replied that
it was coming from inside with the doors closed.