CITY BOARD OF ADJUSTMENT
Tuesday,
April 10, 2001, 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 |
Boulden,
Legal |
|
Cooper |
|
Butler |
|
|
White,
Chair |
|
|
|
|
Perkins |
|
|
|
|
Turnbo |
|
|
|
The notice and agenda of said meeting was posted in the Office of INCOG, 201 W. 5th St., Suite 600, on Monday, April 9, 2001, at 8:55 a.m., as well as at the City Clerk’s office, City Hall.
After declaring a quorum present, Chair, White called the meeting to order at 1:00 p.m.
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Mr. Beach stated that Staff requests this case be Continued to May 22,
2001 for a site plan and possibly advertisement for more
relief.
Board
Action:
On MOTION of Perkins, the Board voted 5-0-0 (White, Turnbo,
Perkins, Dunham "aye"; no "nays"; no "abstentions"; Cooper "absent") to
CONTINUE Case No. 18987 to the meeting on May 22,2001 for
site plan and more information.
Mr. Dunham arrived 1:03 p.m.
Case No.
19051
Action
Requested:
Mr. Beach informed the Board the applicant has requested a Continuance to
April 24, 2001, to allow time to meet with the neighborhood
residents.
Board
Action:
On
MOTION of Perkins, the Board voted 4-0-0 (White, Dunham, Turnbo,
Perkins, "aye"; no "nays"; no "abstentions"; Cooper "absent") to
CONTINUE Case No. 19051 to the meeting on April 24, 2001 to give
applicant time to meet with the neighborhood residents.
Action
Requested:
Mr. Beach informed the Board that this case needed to be stricken from the agenda. Notice was given, but it was discovered this property is in the county; case needs to go to the County Board of Adjustment. Case was stricken from the agenda.
MINUTES:
On MOTION of Dunham, the
Board voted 4-0-0 (White, Dunham, Turnbo, Perkins "aye"; no "nays"; no
"abstentions"; Cooper "absent") to APPROVE the Minutes of March 13,
2001 (No. 814), as amended.
Action
Requested:
Special Exception to permit Use Unit 5 cultural facility not elsewhere
classified/music conservatory and Use Unit 11 music school and Foundation
Offices, in an RM-2 district.
SECTION 401. PRINCIPAL USES
PERMITTED IN RESIDENTIAL DISTRICTS – Use Unit 5 & 11; a Variance of Section
1301.D. required parking to permit 90 off-site parking spaces, 4 on-site parking
spaces and 60 off-site off-hours spaces available by parking easement. SECTION 1301.D. GENERAL REQUIREMENTS; a Variance of
maximum building height from 35’ to 60’ and from 2 stories to 3 stories. SECTION 403. BULK AND AREA REQUIREMENTS IN THE
RESIDENTIAL DISTRICTS; Variance of maximum permitted floor area from .5 to
1.4. SECTION 403. BULK AND AREA REQUIREMENTS IN THE
RESIDENTIAL DISTRICTS; a Variance of building setback from 25’ to 0’. SECTION 403. BULK AND AREA REQUIREMENTS IN THE
RESIDENTIAL DISTRICTS; a Variance of landscaping and screening
requirements. SECTION 1002. LANDSCAPE REQUIREMENTS; and a Variance
of frontage 100’ and lot width 50’ requirements in RM-2 district to 25’. SECTION 403. BULK AND AREA REQUIREMENTS IN THE
RESIDENTIAL DISTRICTS, located NW/c E. 14th St. &
Cheyenne.
Presentation:
Roy Johnsen, 201 W. 5th St., Ste. 501, stated he is an
attorney, representing the Barthelmes Foundation. They proposed to use the facility on the
subject property for a Center for Arts, specifically to teach instrumental
music. After evaluating the
facility the applicants have decided that it is not an adequate or safe
structure; and a new structure would be needed to accommodate all of the
needs. He submitted a conceptual
site plan, use conditions, and photographs (Exhibits A-1, A-2, and A-3).
Mr. Cooper arrived at 1:18 p.m.
Mr. Johnsen indicated that the landscaping plans should more than cover the requirements. He used the photographs to point out the surrounding zoning and setback footage of the existing buildings, which is comparable to the requests in this application. He went over the square footage of the proposed facility and totaled a number of 84 parking spaces required. They determined that 122 spaces would be needed during performances by comparison of stadium requirements of one space per four seats. Mr. Johnsen reviewed the plans and the greatest need for parking would be 6:00 p.m. and later for the Performance Hall during off-peak hours.
Interested
Parties:
There
were no interested parties present who wished to speak.
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
Use Unit 5 cultural facility not elsewhere classified/music conservatory and Use
Unit 11 music school and Foundation Offices, in an RM-2 district; a
Variance of Section 1301.D. required parking to permit 90 off-site
parking spaces, 4 on-site parking spaces and 60 off-site off-hours spaces
available by parking easement; a Variance of maximum building height from 35’ to
60’ and from 2 stories to 3 stories.
SECTION 403. BULK AND AREA
REQUIREMENTS IN THE RESIDENTIAL DISTRICTS; Variance of
maximum permitted floor area from .5 to 1.4; a Variance of
building setback from 25’ to 0’; a Variance of landscaping and
screening requirements; and a Variance of frontage 100’ and lot
width 50’ requirements in RM-2 district to 25’, with the conditions provided by
the applicant, except for #1 that it not be limited to a non-profit cultural
facility, and that this be subject to the approval of a final site plan to be
submitted at a later date, finding that it would not cause substantial detriment
to the public good or impair the purposes, spirit, and intent of the Code, or
the Comprehensive Plan, on the following described
property:
S 25’ of Lot 4
and all of Lots 5 and 6, Block 5, Friend Addition; AND Lots 1, 2 and 3 and the N
25’ of Lot 4, Block 5, Friend Addition; AND N 30’ of Lot 17 and all of Lots 18,
19, 20, and 21, Block 2, Carlton Place Addition, all in the City of Tulsa, Tulsa
County, State of Oklahoma.
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Special Exception to allow a 100’ cell tower in an RS-2 zoned district. SECTION 401. PRINCIPAL USES PERMITTED IN RESIDENTIAL DISTRICTS – Use Unit 4; Special Exception of the required 110% setback. SECTION 1204.C.3.g.1. USE UNIT 4. PUBLIC PROTECTION AND UTILITY FACILITIES, Use Conditions, located 3602 S. Lewis Ave.
Presentation:
John Brightmire, 320 S. Boston, Ste. 500, stated he represented
the applicant, Sara Lott. He
submitted a packet of exhibits including findings for the required factors. He reviewed the required factors as they
apply to this application
Comments and
Questions:
Mr. Cooper noted that the Board has approved two cell towers at this
corner in the last two years. He
asked if there was any possibility to collocate. Mr. Brightmire replied that both
companies collocated on the PSO power poles, and there are no new towers. Ms. Turnbo asked about the height
of the pole with the emergency sirens.
Mr. Brightmire responded that it was about 45’ to 50’ tall. She noted that the proposed tower would
be twice as tall.
Interested
Parties:
Kevin Shoemaker,
Radio Services Manager for the City of Tulsa, stated the City is not opposed to
this application with the stipulation that the weather siren is part of the
structure or some amicable agreement at this location that would not interfere
with the weather sirens.
Alan
Madewell,
3649 S. Terwilleger, stated that his property backs up to the church next door
to the fire station. He
stated his opposition to the detraction of the tower to the beauty of the church
architecture. He commented that the
church spire on top of the hill was intended to be the dominant element in
view. He pointed out the elevations
of the topography and the locations of the sirens, proposed tower and siren
pole, indicating the tower would dominate the view.
Mr. White commented that he received a letter of opposition from Mr. and
Mrs. Henke.
Les
Hilst,
2250 E. 36th St. and 3538 S. Zunis Ct., stated he owns the duplex
southwest of the site. He opposes
any additional towers and indicated it would set a precedent for more
towers.
Phyllis
Connelly,
3537 S. Zunis Ct., stated she has lived in a condominium across the street for
about 20 years. She stated her
opposition, indicating that nothing but clutter has been added to that corner
since she moved there. She added
that PSO has not taken care of their property, and as trees die they have not
been replaced.
Applicant’s
Rebuttal:
Mr. Brightmire noted that other cellular companies may have good service
in this area, but Cricket needs the tower to provide good service. He stated that they contacted the church
CEO and they have not filed an objection to putting it on the church
property. The existing poles at
this location would not accommodate collocation. He indicated the profit to the City if
they leased this property for a tower.
Comments and
Questions:
Mr. Dunham asked if a tower site at Harvard or Peoria on commercial
property would be an alternative for the coverage problem. The applicant stated that a commercial
site would be their first choice.
He asked a Cricket representative to respond.
Russ
Cruise,
6933 E. 97th St., responded by calling the Board’s attention to the
map of coverage areas. He explained
the effects of topography on radio frequency; and pointed out that the hole in
coverage does not extend to Harvard or Peoria.
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 DENY
the
request for a Special
Exception to allow a 100’ cell
tower in an RS-2 zoned district; Special Exception of the required
110% setback, finding the proposed tower to meet factors required: 100’
galvanized steel monopole; 125’ from nearest residential structure, 99’ to
adjoining R property line, closest antenna facilities do not allow for
collocation; surrounded by R district on north, SWB facility/PSO substation on
east, church on south, parking/R district on west; hilly topography; numerous
trees; antennas at 90’, allowing for collocation of two similar antennas; three
metal cabinets six feet by three feet wide would be enclosed by privacy fencing;
access would be through fire station; area has little or no in-building
coverage; and finding that it would not be in harmony with the spirit and intent
of the Code, and would be injurious to the neighborhood or otherwise detrimental
to the public welfare.
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Special Exception to permit temporary outdoor festivals related to Tulsa
Talons Arena football on eight weekends for the years 2001, 2002, 2003 (months
of April through August). SECTION
701. PRINCIPAL USES PERMITTED IN
COMMERCIAL DISTRICTS – Use Unit 2, located SE/c W. 3rd St. &
Houston.
Presentation:
Todd Rogers, 9128 E. 46th St., stated that last year
they had tailgate parties last year before the Tulsa Talons games on north side
of convention center, with permission of American Parking, and Tulsa Parking
Authority.
Interested
Parties:
There
were no interested parties present who wished to speak.
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
temporary outdoor festivals related to Tulsa Talons Arena football on eight
weekends for the years 2001, 2002, 2003 (months of April through August), on
condition that the festival end no later than 8:00 p.m., and subject to the
clean up time in agreement with American Parking.
*.*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Variance of rear yard setback requirement of 25’ down to 3.7” to attach a detached garage. SECTION 403. BULK AND AREA REQUIREMENTS IN THE RESIDENTIAL DISTRICTS – Use Unit 6, located 2403 S. Troost Ave.
Presentation:
Jean Kline, 2403 S. Troost, Terwilleger Heights Addition, stated
she had submitted a site plan with her application, including proposed plans for
addition. She plans to build a
clubroom and another bathroom between the house and garage. She pointed out the improvements she has
made and the sloping topography, and submitted the photographs (Exhibits C-2 and
C-3). The addition would be in
keeping with the architectural design of the house and gabled into the
garage. She informed the Board that
at 2237 S. Troost, and at 24th Place and Terwilleger similar
additions have been made and would be an improvement to the neighborhood. She has discussed the plans with
the neighbors and found no objections.
Interested
Parties:
Linda McGowan,
2404 S. Utica, stated she owns this home and leases it out. She had no objection to the application.
Comments and
Questions:
Mr. Beach indicated that it is most likely a 3.7’ rear yard setback
rather than inches.
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 an amendment of the Variance requested for a rear yard setback requirement of 25’
down to 3.7’ to attach a detached garage, per plan submitted, finding the lot is
small and there are similar additions to homes in the neighborhood, on the
following described property:
Lot 1, Block 8,
Terwilleger Heights, City of Tulsa, Tulsa County, State of
Oklahoma.
*.*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Variance of the required setback
from an R district from 200’ to 140’ for an outdoor advertising sign. SECTION
1221.C. USE UNIT 21. BUSINESS SIGNS
AND OUTDOOR ADVERTISING, General Use Conditions for Business Signs and SECTION
1221.F. USE UNIT 21. BUSINESS SIGNS
AND OUTDOOR ADVERTISING, Use Conditions for Outdoor Advertising Signs – Use Unit
25; and a Variance of the maximum display surface area from 495 sq. ft. to 672
sq. ft. for an outdoor advertising sign. SECTION 1221.E. USE UNIT 21. BUSINESS SIGNS AND OUTDOOR ADVERTISING,
CG, CH, CBD, IL, IM, and IH Use Conditions for Business Signs, located 17701
East Admiral Place.
Presentation:
Andrea Delgiorno, 3800 First Place Tower, 15 E. 5th
St., stated she had submitted a site plan with the application. The applicant proposes to place a
standard size billboard in the extreme northwest corner of the subject
property. They are requesting the
variances because the abutting residential property is vacant, therefore, actual
distance from residences would be greater.
Photographs were submitted (Exhibit D-1). She stated that the hardship is that the
tract is long and narrow in an IL zone, which would make it difficult to find a
use for it.
Interested
Parties:
Burt Skelton, 621 S. 277th E. Ave., Catoosa, Oklahoma,
stated he represented Frank Murphy, Jr. who owns the property nearby. He indicated there are already numerous
billboards in this area. They are
concerned that if a house was built on the R zoned property next to subject
property it would diminish the house.
Dominic White, 17717 E.
Admiral Pl., stated he owns the business at this address, Aberdeen
Dynamics. He stated his concern
that a sign 150’ from his would obstruct the view of his sign from traffic going
west on I-44.
Comments and
Questions:
Mr. White asked how tall his sign is. He replied that it was probably between
50’ and 60’ tall. Mr. Cooper
asked Mr. Beach why separation is not an issue in this case. Mr. Beach responded if this is an
outdoor advertising sign off-site, there is no spacing requirement. Ms. Perkins asked the applicant for a
hardship. Ms. Delgiorno responded
that the lot is narrow compared to the wider industrial properties in the
area. She added that they would
like to use the front of this tract of land for used mobile homes sales.
Board
Action:
On MOTION of Dunham, the Board voted 2-3-0 (White, Dunham,
"aye"; Turnbo, Perkins, Cooper "nay"; no "abstentions"; no "absences") to
APPROVE a Variance of the required setback
from an R district from 200’ to 140’ for an outdoor advertising sign; and a
Variance of the maximum display surface area from 495 sq. ft. to
672 sq. ft. for an outdoor advertising sign, finding the size of the lots in
this area would meet the minimum size requirement for a billboard. The motion to approve failed for lack of
three affirmative votes. The
Variances were DENIED.
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Special Exception to modify a previously approved site plan, located 9119
E. 61st St.
Presentation:
Jerry Ledford, Jr., 8209 E. 63rd Pl, with Tulsa
Engineering, stated he was presenting for the Woodland Hills Church of
Christ. This application was to
modify the site plan.
Interested
Parties:
There
were no interested parties present who wished to speak.
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 modify a previously
approved site plan, as submitted, on the following described property:
A tract of land
in the SW/4 SE/4, Section 36, T-19-N, R-13-E of the IBM, City of Tulsa, Tulsa
County, State of Oklahoma, more particularly described as follows: Beg. at the
SE/c of said SW/4 SE/4; thence W 135’ to the POB; thence N 209’; thence W 387’;
thence S 209’; thence E 387’ to the POB, less and except the S 50’ thereof, said
50’ being as measured perpendicularly to the S line of the SE/4 of Section 36,
T-19-N, R-13-E
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Special Exception to allow an outdoor activity and to allow a possible five tents for outdoor wedding/reception in an RE zoned district (tents A & B will be used only if it rains). SECTION 401. PRINCIPAL USES PERMITTED IN RESIDENTIAL DISTRICTS – Use Unit 2; and a Variance to exceed allowable sq. ft. for accessory buildings. SECTION 402.B.1.d. ACCESSORY USES IN RESIDENTIAL DISTRICTS, Accessory Use Conditions, located 4141 Oak Rd.
Presentation:
John M. Allen, 4141 Oak Road, stated the date of the wedding is
June 9th. He added that
the tents would go up on the 7th or 8th and would be taken
down no later than June 11th.
Interested
Parties:
There
were no interested parties present who wished to speak.
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 allow an outdoor activity and to allow a possible
five tents for outdoor wedding/reception in an RE zoned district (tents A &
B will be used only if it rains); and a Variance to exceed
allowable sq. ft. for accessory buildings, finding it would not cause
substantial detriment to the public good or impair the purposes, spirit, and
intent of the Code, or the Comprehensive Plan, on the following described
property:
Lot 8, Block 3,
Bolewood Acres, City of Tulsa, Tulsa County, State of
Oklahoma.
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Variance of required frontage in a
CS zoned district from 150’ to 50’ and 0’ to allow a lot split. SECTION 703. BULK AND AREA REQUIREMENTS IN THE
COMMERCIAL DISTRICTS – Use Unit 12a; and a Variance to meet parking requirements
for bar on another lot (24 spaces required; 4 on principle use property and 34
on adjoining lot). SECTION
1301.D. GENERAL REQUIREMENTS,
located N of NE/c E. 3rd St. & Garnett Rd.
Presentation:
Jeff Lower, 7666 E. 61st St., Ste 240, stated he was
representing the owner of Tract A, where a bar has been in business for twenty
years. The tract is 150’ by 125’
deep and has four parking spaces.
He stated that his client approached the owner of the property shown as
Tracts B and C, which is the Cosmopolitan Club, a non-profit corporation. His client was interested in Tract B for
additional parking. He would be
willing to have a tie agreement to Tract A, and proposed to construct a wooden
privacy fence on the south boundary of Tract B. He added that the Cosmopolitan Club is
in agreement with the proposal.
Interested
Parties:
Nancy Creighton, 245
S. 120th E. Ave., president of Western Village Neighborhood
Association stated that they have several people in protest of the
application. She submitted a packet
of exhibits (Exhibit E-1). She
stated that they prefer to meet with the applicant in advance of the
meeting. She stated she did not get
a response to her attempts to communicate with the applicant. Their concerns were for the safety of
the children attending Kerr Elementary, Elsie Clark Park and
patients/visitors/employees at Brookhaven Hospital that abut the subject
property. She cited a mugging in
this area, finding razors on the playground, numerous 911 calls from this
location. They are questioning
activities in the building used by the Cosmopolitan Club for dances, and bingo
as to whether they have open bars.
They would like to know if there are restrictions on the activities that
take place there. They also have
complaints regarding traffic safety, drainage problems, an opening in the fence
allowing easy access to the school and Tract C. They request to know the name of the
purchaser and the proposed plans since two businesses on the property had to
close for remodeling. She showed
photographs from the exhibits, a letter from the principal of Kerr Elementary
School listing concerns, and a copy of the list of 911 calls from the Magic
Bottle and Cosmopolitan Club.
Wayne Bohanon,
10617 E. 1st St., president of the Wagonwheel Neighborhood
Association, stated they are in agreement with Ms. Creighton’s protests.
Dr. Larry
Cowen,
201 S. Garnett, stated his concern for the safety of the neurological patients
at Brookhaven and the public. He
informed the Board that they have had three incidents in the last three years
involving patrons of the Magic Bottle that were intoxicated and caused damage to
their property. The noise and
disturbances at the bar cause agitation and problems for the neurological
patients. They have had incidents
of the bar patrons jumping the fence into the private yard of the hospital.
Robert
Cartner,
11322 E. 3rd St., stated he is a long time resident of the
neighborhood. He complained of
incidents of loud fights, music, automobile wrecks, ammunition and gun shells on
the bar parking lot, public drunkenness.
Councilor
Art Justice,
1302 S. 122nd E. Ave., stated he is opposed to bars in such close
proximity to the schools. He
mentioned his concern for public safety in regards to this application. He added that Garnett is going to be
widened and there will be more traffic.
He is opposed to the application.
A list of signatures for interested parties in opposition (Exhibit E-2)
and present at this hearing was entered for the record.
Applicant’s
Rebuttal:
Mr. Lower,
stated that anything at the Cosmopolitan Club on Tract C would be outside of the
scope of this application. He
stated that it would just be the remainder tract after the lot split, and only
Tracts A and B are involved. The
plan is to make a parking lot on Tract B and the distance from the school is not
going to change. The fence line for
Tract C would be out the control of the
applicant.
Comments and
Questions:
Mr. Dunham commented that this bar has been non-conforming for parking
and questioned why it should be allowed to continue. Mr. Beach noted that no one
noticed that this bar did not come into compliance with the Code requirements
until they applied for a new liquor license. It may not be the applicant’s
intent to have anything to do with Tract C, but they do have because it is part
of the property. A lot split may
not be approved that would create any violation of the Zoning Code. Mr. Beach noted that there is no
one present to represent the Cosmopolitan Club to inform the Board regarding the
use of their building. Mr. Cooper
asked the applicant if the bar existed there before the school and
hospital. Mr. Lower replied that it
was there before the hospital but he was not sure about the school. Mr. Cooper asked if they intend to
increase the size of the bar. Mr.
Lower offered to let his client respond.
Kenneth
Teague,
3060 N. Hemlock Circle, Broken Arrow, Oklahoma, stated his business owns Tract
A. He responded that the process
began with an offer to lease Tract B for parking, and the counter-offer from the
Cosmopolitan Club was for the applicant to purchase the property. The bar would not be enlarged and the
small beauty shop business moved out.
They have plans to tear out an interior wall, renovate the building to
meet all City Zoning Codes, deal with the drainage problem, build privacy fence
between R district and commercial property.
Mr. Cooper suggested that the case should be continued until someone
could represent the Cosmopolitan Club.
Mr. Beach was in agreement if the lot split were to be approved. Mr. Dunham suggested that it
would help to clear things up if there were more communication between the
applicant and the neighborhood. He
asked Ms. Creighton if they would be open to discussion with the applicant. She replied that they are always open to
communication. She added that Tract
C frontage would be affected by the Variance.
Ms. Turnbo informed the Board she has a conflict of interest, and stated
she would abstain in this case.
Board
Action:
On MOTION of Dunham, the Board voted 4-0-1 (White, Dunham,
Perkins, Cooper "aye"; no "nays"; Turnbo "abstained"; no "absences") to
CONTINUE Case No. 19033 to the hearing on May 8, 2001 to
allow the applicant to communicate with the neighborhood.
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Variance of required 1,000’ spacing
from another sexually oriented business to 675’ to permit a gentlemen’s
club. SECTION 705.B.1. LOCATION OF
SEXUALLY-ORIENTED BUSINESSES, Prohibition – Use Unit 12a, located 514 E.
2nd St.
Presentation:
Brian Hoff, 514 E. 2nd St., stated the request for a
Variance is based on the following reasons: the two sexually oriented businesses
face different streets; the locations are not visible from one another; each
business has a different customer base; plans are for a high-dollar reparations
to the vacant facility; to bring diversity and revenue to downtown; and a draw
for other businesses.
Comments and
Questions:
Mr. White asked for a hardship.
Mr. Hoff had no hardship to offer due to the land.
Interested
Parties:
Wilson White,
3126 E. 58th Pl, stated he is part owner of Block 110 since
1978. He opposed the application
because of: no parking on the site; closest parking is across the street; second
street is one way; closest street light is one block away; no hardship; within
1,000’ of another sexually oriented business; a draw for other businesses of the
same type; close proximity to the new Williams Tower and other future important
economic developments.
David White, 5020 E.
68th, stated he is part owner of Block 110, and was speaking for
himself and his sister also co-owner, in opposition of this application. They are in full agreement with the
statements of Wilson White. He
added that it would cause a hardship for surrounding property owners to police
their properties, and for trash removal caused by this type of
business.
Ray Meldrum, 111 S. Greenwood, Tulsa Development Authority, stated
they are also opposed to the application.
He assumed that the Board received a letter from Brenda Miller. They are opposed for the above-mentioned
reasons and do not want to see this type of district started.
Jim Norton stated he is president of Downtown Tulsa
Unlimited. Speaking for the
businesses and property owners of Downtown Tulsa Unlimited and the Special
Improvement District he stated they are very opposed to this application. They have made a contract with a
planning and engineering firm to do a master plan and market study for the
development of a broad area of downtown, including this property. This would be most inappropriate use for
the long-term future of downtown.
He added that George Shahadi, Vice-President of real estate for Williams
Co. asked that he relate to the Board that they are very concerned that this use
would detract from the business and prospective employees for their new
development.
Roger Coffey, 3519 S. Birmingham, stated he is with Olsen Coffey
Architects, and he and his partner own property at 324 E. 3rd St.,
and he owns another downtown property.
He stated that the Tulsa downtown has been struggling and we need more
positive things to turn it around.
He does not consider this use to be positive and asked the Board to deny
this application.
Bill White, 414 E. 4th, stated he owns a business at
this address. He is opposed to the
application stating it would be a step backward in revitalizing downtown. Mr. White commented that he would expect
any business that would require 150 parking spaces would out of courtesy contact
the neighboring business regarding lease or use of parking space. He noted that no such contact has been
made, and it would appear that they intend to use neighboring parking space
without consent.
Nancy White, stated that she and her family are very concerned
about this application. She
described this use as a negative impact on downtown Tulsa. She added that as the owner of the block
to the east of the subject property, she is opposed to this case.
Randy Frederick, stated he has worked around the block from the
subject property. He added that
they have had to fence their parking lot to protect the property from evidences
of use by bar patrons.
George Paden, interim administrator for the First Baptist Church
at 4th and Cincinnati, stated he represented the members and
requested denial of the variance.
Amy Finkston, attorney, stated she represented the Mary C. Harder
Trust and H & M Beveling Machine Co.
The Trust owns property at 214 S. Elgin, a parking lot, and at 311 E.
3rd St., the company facility.
Both entities are opposed to the variance for all of the above
reasons.
Mr. White noted three letters of opposition from Brenda Miller, Tulsa
Development Authority, John D. Williams, of John D. Williams Land and
Commercial Investments, and Donna
Sack, of Sack and Associates.
Applicant’s
Rebuttal:
&