CITY BOARD OF ADJUSTMENT
Tuesday,
May 23, 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 |
Turnbo |
Beach |
Jackere,
Legal |
|
Cooper White,
Chair |
|
Huntsinger Stump |
Ackermann,
Zoning
Official |
|
Perkins |
|
|
|
The notice and agenda of said meeting was posted in the Office of the City Clerk on Friday, May 19, 2000, at 9:48 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,
pursuant to the provisions of Table 2 of Section 903 of the Zoning Code, of the
setback from center line of abutting street (North Yale Avenue) from 100’ to
51’. SECTION 903. BULK AND AREA REQUIREMENTS IN THE INDUSTRIAL
DISTRICTS. Variance, pursuant
to the provisions of Section 1303(D) of the Zoning Code, from the all weather
material requirement for off-street parking to a gravel surface for the 15’
driveway shown on the site plans. SECTION 1303. DESIGN STANDARDS FOR
OFF-STREET PARKING AREAS, located at 2315 North Yale
Avenue.
Staff Comments:
Mr.
Beach stated that staff has received a request for a continuance on this matter
due to new issues that have arisen that may change the notice. He indicated that the applicant would
like to continue this application to July 11, 2000.
There
were no interested parties wishing to speak.
Presentation:
William
D. LaFortune,
2900 Mid-Continent Tower, Tulsa, Oklahoma 74103, stated that there are several
new issues to be addressed and it may require a new notice for additional
relief.
Board
Action:
On
MOTION of DUNHAM, the Board voted 3-0-0 (Dunham, Perkins,
White, “aye”, no “nays”, no “abstentions”, Cooper, Turnbo “absent”) to
CONTINUE Case No. 18712 to July 11, 2000 at 1:00
p.m.
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Action
Requested:
Modification of
screening requirement. SECTION
212.C. SCREENING WALL OR FENCE, Modification of the Screening Wall or Fence
Requirement – Use Unit 11, 23, 25, & 26; a Variance of requirement for
all-weather surfacing of off-street parking areas. SECTION 1303.D. DESIGN STANDARDS FOR OFF-STREET PARKING
AREAS, and Variance of building setback from 100’ to 80’ within an OL
district. SECTION 603. BULK AND AREA REQUIREMENTS IN THE OFFICE
DISTRICTS, located at 13521 East 11th
Street.
Presentation
Roy
D. Johnsen,
201 West 5th Street, Suite 501, Tulsa, Oklahoma, 74103, stated that
he represents the owners of Rainbow Concrete facility. This property was before the Board of
Adjustment on an appeal from the determination of the Building Inspector on
April 10, 2000. The Board made a
rule that the landowner would have a 120 days to comply as to screening and the
all-weather surfacing requirement.
Mr.
Johnsen stated that he did not know how the Board would rule on the truck
washout area (Use Unit 26), which could not be located on the IL portion of the
subject property. He explained that
he has appealed the decision of the Board taken on April 10th to the
District Court. In the meantime, he
has filed a preliminary plat and an application for building permits for the
parking area and the fence; however, the permits have not been issued at this
time.
Mr.
Johnsen stated that he is going to request additional relief (special exception)
in the IL portion of the subject property in order to permit the truck washout
area. The previous determination of
the Board was an interpretation of the ordinance, but the Board does have the
authority in IL district to grant the special exception for this type of
relief.
Mr.
Johnsen explained that the Board granted the 120 days to comply regarding the
screening and parking, he feels that this is not the time to hear today’s
application. He requested a
continuance to July 11, 2000 in order to request additional relief and give a
new notice.
Interested
party indicated their agreement with a continuance to June 27,
2000.
Board
Action:
On
MOTION of DUNHAM, the Board voted 3-0-0 (Dunham, Perkins,
White “aye”, no “nays”, no “abstentions”, Cooper, Turnbo “absent”) to
CONTINUE Case No. 18742 to June 27, 2000 at 1:00
p.m.
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Action
Requested:
Special
Exception to allow Use Unit 12, 13, and 14 in an IL district. SECTION 901. PRINCIPAL USES PERMITTED
IN INDUSTRIAL DISTRICTS – Use Unit 12, 13, 14, located at the southeast
corner of East 51st Street and South Garnett.
Presentation
Mr. Beach stated
that Mr. Levinson has requested a continuance to June
13th.
There
were no interested parties wishing to speak.
Board
Action:
On
MOTION of DUNHAM, the Board voted 3-0-0 (Dunham, Perkins,
White “aye”, no “nays”, no “abstentions”, Cooper, Turnbo “absent”) to
CONTINUE Case No. 18743 to June 13, 2000 at 1:00
p.m.
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Action
Requested:
Variance
of allowable height for existing outdoor advertising sign from 60’ to 95’. SECTION 1221.F.15. USE UNIT 21. BUSINESS SIGNS AND OUTDOOR
ADVERTISING, Use Conditions for Outdoor Advertising Signs, located south of
southwest corner of East 91st Street and U.S.
169.
Presentation
Mr. Beach stated
that Mr. Moody has requested a continuance to June 13,
2000.
There
were no interested parties wishing to speak.
Board
Action:
On
MOTION of DUNHAM, the Board voted 3-0-0 (Dunham, Perkins,
White “aye”, no “nays”, no “abstentions”, Cooper, Turnbo “absent”) to
CONTINUE Case No. 18760 to June 13, 2000 at 1:00
p.m.
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MINUTES:
On MOTION of DUNHAM, the
Board voted 3-0-0 (Dunham, White, Perkins, “aye”, no “nays”, none “abstaining”,
Cooper, Turnbo “absent” to APPROVE the Minutes of, April
25, 2000 (No. 794).
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Action
Requested:
Review
and approval of detailed site plan as required by conditions on BOA #17658, for
property located 1003 North 129th East Avenue.
Comments and
Questions:
This application was continued to correct the legal description in the notice. The site plan to be considered lacks any dimensions or meaningful labels. The Board gave its approval in 1997 subject to a detailed site plan and that is why today’s application was filed. As a graphic concept, it appears to meet the general requirements of the Zoning Code for setbacks, parking layout, landscaped areas, etc., but without enough information, these things are impossible to determine. Staff has no particular concern with approval of this plan as a concept but would point out that the submittal is far from a detailed site plan. The purpose of requiring the plan to be approved before building permits may be released is to be sure the proposed development is as it was represented in 1997. If the Board is satisfied that it is, you could approve this plan today and it would still be subject to all of the detailed requirements of the Code.
Mr.
Cooper in at 1:18 a.m.
Presentation
Wallace
O. Wozencraft,
Architect, 1619 South Boston, Tulsa, Oklahoma 74119, representing Church On The
Move, stated that the TV Studio building is fully detailed and drawings
presented to the building and planning departments for the City of Tulsa. The plans have been reviewed, in part,
by the City and is waiting on approval by this Board before being issued a
building permit. He indicated that
specific details of the “180º”
building, which is located in the far north of the subject project, is currently
being developed and will be submitted for detail review by the Building
Inspection Department within the first part of July.
Mr.
Wozencraft indicated that other projects, such as the high school building; bus
barn and a storage building, are conceptual at this time and will be developed
within the next two three to years.
If the staff requires a detail landscape plan and detail structural
drawings he can present them for staff review on the ministry building and the
“180º”
building at this time. He commented
that he is confused regarding how much detail the staff requires for this
Board’s review. He stated that it
was his understanding that the Board wanted the concept plan and location plan
indicating general function and the drawings submitted illustrate
that.
Mr.
Wozencraft explained to the Board which buildings are currently existing, in the
process of waiting for a building permit and buildings that are in the
conceptual phase. He listed the
future plans and buildings as follows: playground facility, skating rink, tennis
court, football stadium, swimming pool and numerous game activities
outdoors.
Mr.
Wozencraft stated that there is ample parking provided for the facility and all
landscaping ordinances will be followed.
He indicated that the setback requirement is not critical because the
church owns a large tract of land and the setbacks are well within code
compliance.
Comments and
Questions:
Mr. White read the minutes of 1997, which indicated that the condition of the approval included that the applicant return with a detail site plans for the new tracts being added to the overall site prior to building permits being issued for the areas.
Mr.
Beach stated that staff does not have a problem with the Board approving the
subject plan if the Board feels that it meets the requirements and satisfactions
of the motion and condition.
Mr. Jackere stated that the Zoning Code requires no special conditions for a church use. However, it does provide for setbacks and other requirements in the IL district. He pointed out that the application is subject to the Landscaping Ordinance requirements and Zoning Code requirements.
Mr.
Stump stated that the applicant requested a special exception for church use and
it has been granted. The church has
not asked for a special exception for a high school and it is indicated on the
conceptual plans. This conceptual
plan cannot be considered as part of a detail site plan because it has not been
properly advertised as a use and there are no immediate plans for the
development. He suggested that the
Board approve this application as church and customary accessory
uses.
There
were no interested parties wishing to speak.
Board
Action:
On
MOTION of DUNHAM, the Board voted 4-0-0 (Cooper, Dunham,
Perkins, White “aye”, no “nays”, no “abstentions”, Turnbo “absent”) to
APPROVE the conceptual plan for the church and customary accessory
uses only; subject to all buildings being subject to the detail requirements of
the Code, for the following described property:
All of Trinity Park, A subdivision in City of Tulsa, Tulsa County, State of Oklahoma, and being located in an IL zoned district.
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Action
Requested:
Special Exception
to permit the property to be used as a cultural facility under Use Unit 5,
subject to the Master Plan and Detail Landscape Plan for the East
25th Street frontage.
SECTION 401. PRINCIPAL
USES PERMITTED IN RESIDENTIAL DISTRICTS – Use Unit 5, located northeast
corner of East 25th Street and South Peoria.
Presentation:
Charles E.
Norman, 2900 Mid-Continent Tower, Tulsa, Oklahoma 74120, representing the
Tulsa Historical Society, stated that he is requesting a special exception for
an addition to the existing property.
Mr. Norman stated
that his client is requesting the approval of the use of the Southern Travis
Mansion for the headquarters, library, museum and meeting rooms proposed to be
constructed as an addition to the existing building. Mr. Norman submitted a master plan
(Exhibit B-1) and site plan (Exhibit B-2).
He explained that his client has entered into a contract for 99 years
with the City of Tulsa for the joint and shared use of the parking facility
(behind and part of the Garden Center) and the spaces that will part of the
expanded Historical Society property.
He reminded the Board of previously approved parking spaces (11) along
the entry driveway from South Peoria, which may be jointly used by the Garden
Center and the Historical Society.
The staff has pointed out that the eleven spaces along South Peoria are
not to be counted in the proposed site plan.
Mr. Norman stated
that the site plan for the expansion indicates that there will be seven
off-street parking spaces on the south side with a access from East
25th Street. This was
done intentionally so that the new addition would be directed away from the
residential area to the south.
Mr. Norman
submitted a detail landscape plan (Exhibit B-3). This was developed for the south half of
the subject property as part of the concern for the neighbors on the south side
of East 25th Street. The
plans for the addition to the Historical Society Building has been presented to
the neighbors and several informal meetings have been held. The plans have also been presented to
the Garden Center Management and to the Tulsa Park Board. The Tulsa Park Board voted to endorse
the plans for the development of the subject property.
There
were no interested parties wishing to speak.
Board
Action:
On
MOTION of DUNHAM, the Board voted 4-0-0 (Cooper, Dunham,
Perkins, White “aye”, no “nays”, no “abstentions”, Turnbo “absent”) to
APPROVE the
Special Exception to permit the property to be used as a cultural
facility under Use Unit 5, subject to the Master Plan and Detail Landscape Plan
for the East 25th Street frontage. SECTION 401. PRINCIPAL USES PERMITTED IN RESIDENTIAL
DISTRICTS – Use Unit 5; per plan submitted, 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:
A tract of land beg. at a point 246’ S of the NW/c of Lot 2 in Section
18, T-19-N, R-13-E of the IBM, City of Tulsa, Tulsa County, State of Oklahoma;
running thence in an Ely direction and parallel to the N line of said lot a
distance 330’; thence N 0º18’ E a distance of 23’; thence in an Ely direction
and parallel to the N line of said lot a distance of 121’; thence in a SEly
direction an on a curve with a radius of 28’ a distance of 43.49’; thence in an
Ely direction and parallel to the N line of said lot a distance of 145.8’;
thence S 0º18’ W a distance of 109.5’; thence in an Ely direction and parallel
to the N line of said lot a distance of 63.6’; thence S 0º18’ W a distance of
109.5’; thence in a Wly direction and parallel to the N line of said lot to the
W line of said lot; thence in a Nly direction and on the W line of said lot a
distance of 224’ to the P.
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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, located at 1414 East 4th Street.
Presentation:
Jeff
Whitlatch,
1143 South Newport Avenue, Tulsa Oklahoma 74120, representing the Midwestern
Theater Troup, stated that he would like to request that the Board approve this
application.
Comments and
Questions:
Mr. White asked Mr. Whitlatch if he has received an agreement letter regarding the parking on another lot. Mr. Whitlatch submitted a letter of agreement for parking on another lot (Exhibit C-1).
Mr. Whitlatch stated that the parking lot proposed is an open lot with no fencing. It is partially paved with 32 spaces and the remainder of the lot is gravel to allow a number of other parking spaces.
Mr. Whitlatch submitted a fact sheet and photographs (Exhibit C-2). He indicated the proposed parking area on the submitted fact sheet.
Mr. White read the letter from Ms. Connolly regarding the proposed parking and her permission to allow the parking on her property with conditions (Exhibit C-1).
Mr. Dunham asked if there will be a conflict regarding the parking and hours of business. In response, Mr. Whitlatch stated that Ms. Connolly’s employees park on the subject property from 9:00 a.m. to 5:00 p.m. Mr. Whitlatch stated that the theater would start around 7:00 p.m. and there would be no conflict with parking spaces.
Interested
Party:
Paul
Cane,
representing Ms. Connolly, stated that his client supports this application with
the conditions stipulated in her letter. He explained that when the theaters lease
ends the parking agreement will become void. He indicated that his client would like
the assurance that her property will remain IM zoned.
Mr.
Cane stated that his client would like to be able to use her property for
industrial use and it is important to protect the integrity of the IM
zoning.
Mr.
Jackere stated that the application is for a special exception for a cultural
facility in an IM zoned district and to use a parking lot nearby for the
required parking.
Mr.
Jackere stated that the Board is finding that the cultural use is allowed in the
subject property, as long as there is parking. The Board is further conditioning the
approval by approving this use with the parking on the stated parking lot and
that is acceptable. However, if the
applicant finds that this parking becomes unavailable,
but
he can supply parking elsewhere nearby, then the Board would be hard pressed to
deny the use.
Board
Action:
On
MOTION of COOPER, the Board voted 4-0-0 (Cooper, Dunham,
Perkins, White “aye”, no “nays”, no “abstentions”, Turnbo “absent”) to
APPROVE 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, finding that the building in question is incapable of providing
any parking; and subject to the condition that the parking must be provided on
the subject lot as indicated, on the following described
property:
Lot 8 & part of Lot 9, Block 19, Lynch & Forsythe’s Addition, Beg. NE/c; thence Wly .32 Sly to point on SL Ely .14 Nly to the POB, AND Lots 1, 2, and 3, Block 20, Lynch & Forsythe’s Addition, City of Tulsa, Tulsa County, State of Oklahoma, and being located in an IM zoned district.
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Action
Requested:
Minor Variance of
front building line of 25’ to 22’ for addition of covered porch garage
extension. SECTION 403. BULK AND AREA REQUIREMENTS IN THE
RESIDENTIAL DISTRICTS – Use Unit 6, located at 4334 South
Trenton.
Presentation
James
B. Griffith,
4334 South Trenton, Tulsa, Oklahoma, 74105, stated that he is the owner of the
home. He indicated that the relief
he is requesting is less than is stated.
He stated that the only relief he is requesting is for the covered
porch. He explained that the garage
extension does not need to be included in the relief
request.
Mr.
Griffith stated that this is a 40-year old residence and he is trying to upgrade
the façade of the home. This would
require removing the existing front porch and replacing with a front porch of a
different design and orientation.
The overall area of the porch will not be any greater than it is now, but
the orientation would be different.
Mr.
Griffith submitted a site plan (Exhibit D-1) and a petition supporting this
request (Exhibit D-2 and 3). He
stated that the neighbors have expressed their support of this
project.
There
were no interested parties wishing to speak.
Board
Action:
On
MOTION of DUNHAM, the Board voted 4-0-0 (Cooper, Dunham,
Perkins, White “aye”, no “nays”, no “abstentions”, Turnbo “absent”) to
APPROVE Minor Variance of front building line of 25’ to 22’ for
addition of covered porch.
SECTION 403. BULK AND
AREA REQUIREMENTS IN THE RESIDENTIAL DISTRICTS – Use Unit 6; per plan
submitted on the following described property:
Lot
7, Block 3, Forest Grove Addition, City of Tulsa, Tulsa County, State of
Oklahoma, and being located in an RS-3 zoned district.
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Action
Requested:
Special Exception
to permit a home occupation (clock repair) in an RS-3 district. SECTION 402.B. ACCESSORY USES IN
RESIDENTIAL DISTRICTS, Accessory Use Conditions – Use Unit 14, located 530
South 120th East Avenue.
Presentation
Sandra
Nightengale, 530 South 120th East Avenue, Tulsa, Oklahoma 74128,
stated that in 1988 she started collecting and selling antique clocks. She indicated that currently 90% of the
sales are over the internet.
Ms. Nightengale
stated that her husband started repairing clocks in 1990. She explained that her husband uses a
small building in the back yard, which is 12’ x 24’, for a workshop. She indicated that she usually picks up
and deliver clocks that are worked on.
Occasionally, someone will come to her home for service, but the
customers are asked not to bring the clocks over after 7:00
p.m.
Ms. Nightengale
indicated that none of her neighbors have ever complained to her regarding the
clock business.
Comments and
Questions:
Mr. Dunham asked staff if the applicant has been informed about the home occupation requirements. In response, Ms. Nightengale stated that she knows about the requirements for home occupations.
Interested
Parties:
Terry
Hillrickerson, 523
South 120th East Avenue, Tulsa, Oklahoma 74128, stated that he lives
next to the subject property. He
indicated that the applicant is currently operating two businesses out of their
home. He stated that traffic is
heavy coming and going from the applicant’s home everyday except on
weekends. He expressed concerns
regarding the traffic and children in the neighborhood.
Mr. Hillrickerson
stated that the applicant does not have permits for the two home occupations and
he is opposed to this application.
Comments and
Questions:
Ms. Perkins asked
Mr. Hillrickerson if he knew what the second business is for. In response, Mr. Hillrickerson stated
that it is a lawn service.
Mr. Beach stated
that a lawn service is not a permitted home occupation, but this is not before
the Board today.
Mr. Hillrickerson
stated that the traffic is generated by both businesses. He explained that employees come to the
applicant’s home to go to the lawn care site. He stated that the workers clean up the
equipment in the evenings at the applicant’s home. He indicated that the applicant works on
the mowers at their home.
Mr. Cooper asked
Mr. Hillrickerson to be more specific regarding traffic that relates to clock
repair business. In response, Mr.
Hillrickerson stated that cars park on the street and it makes the streets
narrow to where cars cannot pass each other.
Mr. Cooper asked
Mr. Hillrickerson how the clock repair business has inconvenienced him as a
neighbor. In response, Mr.
Hillrickerson stated that UPS makes two to three deliveries to the applicant’s
home a day. Mr. Hillrickerson
further stated that people come to his home by mistake for clock repair and
interrupt his evenings.
Mr. Cooper asked
Mr. Hillrickerson how many times a day do people come to his home by mistake for
clock repair. In response, Mr.
Hillrickerson stated approximately two or three times a
week.
Mr.
White stated that the Board received a petition with 36 names in support of this
application.
The following Interested Parties
indicated their support of this application:
John
Roy,
9018 East 38th Street, Tulsa, Oklahoma 74128; Nancy
Creighton, 245
South 120th East Avenue, Tulsa, Oklahoma 74128.
Rebuttal:
Ms. Nightengale
stated that she was not aware that customers were mistakenly going to her
neighbor’s home for clock repair.
She explained that her address is prominently displayed. She indicated that she does receive a
UPS delivery three to four times a month or once a week at the
most.
Ms. Nightengale
indicated that her husband does own a lawn care service, but he does not repair
the mowers at their home. She
explained that any equipment needing repair is taken to a service center. She reminded the Board that the lawn
care service is not before the Board today.
Comments and
Questions:
Ms. Perkins
stated that the clock repair business has been in existence for twelve years and
it has not caused a problem.
Board
Action:
On
MOTION of DUNHAM, the Board voted 4-0-0 (Cooper, Dunham,
Perkins, White “aye”, no “nays”, no “abstentions”, Turnbo “absent”) to
APPROVE Special Exception to permit a home occupation (clock
repair) in an RS-3 district.
SECTION 402.B. ACCESSORY USES IN RESIDENTIAL DISTRICTS, Accessory
Use Conditions – Use Unit 14, subject to following the Home Occupation
Guidelines, 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 3, Block 14, Western Village Second, City of Tulsa, Tulsa County,
State of Oklahoma.
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Action
Requested:
Variance of
parking requirements for retail and bingo hall from 672 spaces to 426 parking
spaces. SECTION 1214.D. USE UNIT
14. SHOPPING GOODS AND SERVICES; SECTION 1219.D. USE UNIT 19. HOTEL, MOTEL, AND
RECREATION FACILITIES; Off-Street Parking Requirements, located East of the
northeast corner of East Admiral Place and North 68th East
Avenue.
Presentation:
Rick
Wheeler, Consultant for Tulsa Firefighters, 3025 South Sheridan Road, Tulsa,
Oklahoma 74129, stated that he is requesting a variance from 624 parking spaces
to 426 parking spaces.
Comments and
Questions:
Discussion ensued
regarding the square footage of the subject property. Mr. Wheeler indicated that the square
footage that would be used by the Bingo Hall is 21,742 square feet and
approximately 3,000 to 4,000 square feet of this will be office space and a
kitchen. The game room will be
called “Gators, Billiards & Games” and will have a full-service
restaurant. The game room will
occupy 16,700 square feet. The rest
of the space will be occupied by an existing thrift store.
Mr. Wheeler
indicated that he has never seen more than 25 to 30 cars in the parking lot at
any one time. He indicated that the
thrift store closes at 9:00 p.m.
Most of the bingo business is after 9:00 p.m. and the game room will be
in business from 10:00 p.m. to 2:00 a.m.
Mr. Wheeler
stated that he has run the bingo hall for six years and the largest crowd he has
experienced is 424 people and there were 172 cars in the parking lot. He indicated that customers very seldom
come alone.
The
following Interested Parties expressed their
opposition:
Councilor
Roscoe Turner, District 3; Red Garrison,
The
following concerns were expressed by the above referenced Interested
Parties:
The Bingo Parlor
having a bar and billiards; should follow the Code to the letter; customers
throwing trash in the neighborhood; too many bars in the area;
vandalism.
Interested
Parties: