CITY BOARD OF ADJUSTMENT
Tuesday,
July 24, 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 Cooper |
Perkins |
Beach, Butler |
Jackere,
Boulden, Legal |
|
White,
Chair Turnbo |
|
|
Parnell,
Zoning
Official |
The notice and agenda of said meeting was posted in the Office of INCOG, 201 W. 5th St., Suite 600, on Friday, July 20, 2001, at 8:20 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.
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Action
Requested:
Mr. Beach stated that the applicant requested to withdraw Case No.
19102.
Board
Action:
No action needed.
MINUTES:
On MOTION of Dunham, the Board voted 3-0-0
(White, Dunham, Turnbo "aye"; no "nays"; no "abstentions"; Perkins, Cooper
"absent") to APPROVE the
Minutes of June 26, 2001 (No. 821).
Action
Requested:
Special Exception to reduce the required number of parking spaces in
accordance with the previous approval granted on a temporary basis in March 1994
and subject to the same development standards.
Presentation:
T. Michael Smith, 3415 S. Peoria, stated in 1994 a special exception was
approved for shared parking and was to be revisited in six months. He added that for some reason it did not
go before the Board again.
Comments and
Questions:
Mr. White asked if the conditions of the first Board Action are being
honored. Mr. Smith replied that the
conditions are being honored. Mr.
Smith submitted a letter from Neighborhood Inspections (Exhibit A-1) stating
there have been no complaints.
Interested
Parties:
Craig Abrahamson,
3314 E. 51st Ste. 200A, stated he is the general counsel for the
Sandetin Companies. He stated that
the applicant is in compliance with all of the previous conditions. The hours of operation do not conflict
and both tenants have complied with the conditions regarding the shared
parking.
Nancy Apgar,
3914 S. Norfolk, stated that the Brookside Neighborhood Association is in
support of the application.
Board
Action:
On
MOTION
of Dunham,
the Board voted 3-0-0 (White, Dunham, Turnbo "aye"; no "nays"; no "abstentions";
Perkins, Cooper "absent") to APPROVE
a Special Exception to reduce
the required number of parking spaces in accordance with the previous approval
granted on a temporary basis in March 1994 and subject to the same development
standards, subject to the conditions of March 22, 1994: a maximum occupancy of
150, with no age restriction; the business being operated as a family recreation
center; recreational games per layout furnished 3/22/94; the bar area being
limited to 100 square feet, with beer and alcohol being accessory to the primary
use; interior beer signs being limited to 2 signs, with no beer signs being
installed on the exterior walls; no live music or cover charge; renovations
being per rendering submitted; days and hours of operation being week days
(Sunday through Thursday), 10:00 a.m. to 12 midnight, and weekends (Friday and
Saturday) from 10:00 a.m. to 2:00 a.m.; 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:
E 95’ of Lots 1
and 2, and the N 50’ of the W 70’ of Lot6 2, Block 2, Oliver’s Addition, City of
Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Variance of the 200’ setback requirement to allow for a 672 sq. ft. outdoor advertising sign to be located within 50’ of an RS district. SECTION 1221.F. USE UNIT 21. BUSINESS SIGNS AND OUTDOOR ADVERTISING, Use Conditions for Outdoor Advertising Signs -- Use Unit 5, 14, 15, & 21; a Variance of the aggregate display surface area per lineal foot of street frontage requirement to allow a 672 sq. ft. sign to be located on the subject property which includes 132’ of freeway corridor frontage and 100’ of street frontage in a CH zoned area. SECTION 1221.E. USE UNIT 21. BUSINESS SIGNS AND OUTDOOR ADVERTISING, CG, CH, CBD, IL, IM, and IH Use Conditions for Business Signs; Variance of the 10 feet setback requirement for outdoor advertising signs from a freeway right-of-way. SECTION 1221.F.5. Use Conditions for Outdoor Advertising Signs, located 1312 S. Peoria.
Presentation:
Rick Ford, Reunion Center, 9 E. 4th St., Ste. 1000,
stated he was representing the applicant.
He submitted a packet of exhibits (Exhibit B-1). He informed the Board they simply want
to replace a 23-year-old sign with a new on of the same size and height. He spoke with the president of the
neighborhood association and they are in support as long as it remains the size,
and type as the old one.
Comments and
Questions:
Mr. White confirmed that it was the same location also.
Interested
Parties:
Don Rose,
1319 S. Peoria spoke for Mr. Sylvan, expressing concern that it would block
visibility. Mr. White explained to
him there would be no change from the existing sign and Mr. Rose withdrew
objection.
Mr.
White stated the Board received two letters of opposition, and both letters were
from the interested parties that withdrew their
objections.
Board
Action:
On
MOTION
of Dunham,
the Board voted 3-0-0 (White, Dunham, Turnbo "aye"; no "nays"; no "abstentions";
Perkins, Cooper "absent") to APPROVE
a
Variance of the 200’ setback requirement to allow for a 672
sq. ft. outdoor advertising sign to be located within 50’ of an RS district; a
Variance of the aggregate display surface area per lineal foot of
street frontage requirement to allow a 672 sq. ft. sign to be located on the
subject property which includes 132’ of freeway corridor frontage and 100’ of
street frontage in a CH zoned area; and a Variance of the 10 feet
setback requirement for outdoor advertising signs from a freeway right-of-way,
finding the sign is exactly the same size and height as the existing sign and at
the same location, on the following described property:
Lots 3 and 4, Block 1, Broadmoor Addition, less and except a tract
described as beginning at the SE/c of Lot 4, thence W along the S line of Lot 4
for 17.40’, thence N 01º46’29” E for 100.14’ to a point in the N line of Lot 3,
thence E along said N line for 12.36’ to the NE/c of Lot 3, thence S along the E
line of Lots 3 and 4 for 100’ to the POB, amended plat of Blocks 1, 2, 3, 6, 7,
8, 17, 18 and 19 of Broadmoor Addition, and that part of Lot 7, Block 1,
Broadmoor Addition, described as beginning at the NW/c of Lot 7, thence S along
the W line of Lot 7 for 25’, thence S 81º46’24” E for 152.06’ to the SE/c of Lot
7, thence N along the E line of Lot 7 for 50’ to the NE/c of Lot 7, thence W
along the N line of Lot 7 for 150’ to the POB, amended plat of Blocks 1, 2, 3,
6, 7, 8, 17, 18 and 19 of Broadmoor Addition, all in the City of Tulsa, Tulsa
County, State of Oklahoma.
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Action
Requested:
Variance of required all-weather surface
for vehicles being parked or stored.
SECTION 222. MOTORIZED
VEHICLES and SECTION 1402.D. & E. NONCONFORMING USE OF BUILDINGS, OR
BUILDINGS AND LAND IN COMBINATION -- Use Unit 17 and 23; and an Appeal of
neighborhood inspector’s determination that non-conforming use of buildings or
land has ceased for 36 consecutive months, located 17317 E.
14th St.
Presentation:
John Moody, 7146 S. Canton, stated he represented Carl Edmundson,
the owner of the subject property.
Mr. Moody affirmed that the business on the property is a non-conforming
use as decided by the Board on May 18, 1972. He withdrew the request for a variance
to the parking requirement for an all-weather surface. He stated that this application is
regarding Lot 8 only. He added they
are not asking to expand the non-conforming use. The only reason for the application is
that Neighborhood Inspections stated that the non-conforming use ceased for 36
consecutive months. He stated that
the business has been in operation since 1953 and has never ceased to be in
operation for any period of time.
He submitted exhibits (Exhibit C-1) including letters of support.
Comments and
Questions:
Mr. Moody responded that whether in or out of the building, autos have been repaired there. Mr. White noted that some of the photographs submitted to the Board show an apparent salvage situation, which changes the use unit. Mr. Moody replied that in each of the operations there has been storage of automobiles and use of their parts to repair classic cars. Mr. Jackere questioned the storage of an excessive number of car parts. He commented that it was obvious what would initiate the inspections notice. Mr. Moody responded that he has observed the parts and advised his client that such storage is not appropriate and would not be a part of this application. Ms. Turnbo noted that he could not drive a car into the building because the door would not stay open properly.
Carl Edmundson, 17317 E. 14th St., stated he that he
has repaired cars on the premises continuously every year since his father lived
there. He stated that he has pulled
a car into the building for repair when Candy Parnell and Bill Winston were
there.
Interested
Parties:
Gary Smith, 1916
W. Kenosha, Broken Arrow, stated that Mr. Edmundson has worked on his family
cars since the mid 1970’s. He
referred to a tool truck in some of the photographs. He informed the Board that Neighborhood
Inspections towed off a new generator that Mr. Edmundson had purchased and
stored on the property for this truck.
Mr. Smith stated when he inquired about the generator, he was informed
that the generator had been taken to the dump and was already buried. He added that they also removed another
truck of his that was stored on the subject property for repair.
Keith Gable, Rt.
2 Box 513, Bill
Eagle,
3032 S. 101st E. Ave., Chris
Edmundson,
17317 E. 14th St., each stated the same affirmation that Mr.
Edmundson has done auto repairs on the subject property since the 1970’s.
David Gurthet,
with Neighborhood Inspections, quoted the Zoning Code description of a
junk/salvage yard. He indicated
that the Board addressed Lot 8 only for a non-conforming use; and asked that
Lots 1, 2 and 7 not be considered a non-conforming use. He noted that the applicant expanded the
non-conforming use to Lot 7. The
building used for auto repair has not been used since 1989. He stated use has changed auto repair
and vehicle storage to a junk and salvage recycle facility. Photos, letters and affidavits (Exhibit
C-2) were submitted to the Board.
Comments and
Questions:
Mr. Dunham noted the discrepancy in the supporting and opposing
parties. Mr. Dunham asked for proof
that the business had ceased operations.
Interested
Parties:
Joyce Balente, 13217
E. 46th St., stated that the father’s original intent in 1972 was to
help her brother, Carl Edmundson to do auto repair when he returned from Viet
Nam. His intention was that
there be no more than two cars stored at one time. She stated that her brother did not
comply and it caused numerous confrontations until the family was compelled to
move her parents from the property to get them away from the situation her
brother had created.
Tommy Turner,
1213 S. 17th E. Ave., stated she and her husband have lived there
since 1964. In 1987 they did not
observe any work being done in the building in question. She also noted that for two years a
pick-up truck was parked across the driveway to the building, near the street,
preventing access to the building.
She noted for three years or more that autos were brought in at night,
increasing the number of cars stored there.
Ron
Gratiff,
1402, 1410, and 1426 S. 173rd E. Ave., has lived there since
1996. He has noted auto repairs
being done on the subject property, many times late at night, in front of the
property. He stated he has not
observed use of the property on 173rd for auto repairs in five
years.
Tricia Beach,
1204 S. 173rd E. Ave., has lived there since 1994. She stated that Mr. Edmundson used to
work on cars for her, but he has not been there more than to drive up the street
since 1995 or 1996. She has even
taken clients to refer to him for business and no one is ever there.
Applicant’s
Rebuttal:
Mr.
Moody stated that Mr. Edmundson has had to be away from the property, but there
is no requirement that anyone live there.
He submitted the tax receipts (Exhibit C-3) for the subject
property. He asked that statements
by Mr. Gurthet be stricken that were not based on his own personal knowledge
about the use of the building 1989.
He stated they are only asking to store autos that are to be repaired,
and to repair autos. The applicant
would volunteer to build a screening fence around the entire rear of the
property.
Mr. Edmundson stated that he brought cars in at night to work on them
rather than in the heat of the day, and the limo service has night business, so
he is on call.
Board
discussion ensued.
Board
Action:
On
MOTION
of Dunham,
the Board voted 3-0-0 (White, Dunham, Turnbo "aye"; no "nays"; no "abstentions";
Perkins, Cooper "absent") to Uphold
the Appeal of neighborhood inspector’s
determination that non-conforming use of buildings or land has ceased for 36
consecutive months, finding that there has been evidence the business has
continued to operate since 1972, and the Board has not heard concrete evidence
it has not been operating, on the following described
property:
Lots 1, 2, 7, 8,
Block 7, Lynn Lane Estates, Addition to the City of Tulsa, Tulsa County, State
of Oklahoma.
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Action
Requested:
Special Exception use to allow a paint ball facility – Use Unit 20
Intensive Outdoor Recreation Facility in an AG zoned district. SECTION 301. PRINCIPAL USES PERMITTED IN THE
AGRICULTURE DISTRICT -- Use Unit 20; and a Variance of parking requirement from
one space per 800 sq. ft. site area to 0 spaces. SECTION 1220.D. USE UNIT 20 – COMMERCIAL
RECREATION: INTENSIVE; Off-Street Parking and Loading Requirements, located SW/c
SH-266 & N. 145th E. Ave.
Presentation:
The applicant was not present.
R.H. Harbaugh, 2843 E. 39th St., manager of Green Hill
Properties, LLC, a neighbor to the
subject property. He stated that
the Rogers County Board of Adjustment denied the similar application last
week. He submitted a letter
(Exhibit D-1) from Rogers County to this Board.
Comments and
Questions:
Mr. Beach stated that this Board was waiting to hear the Rogers County
Board decision.
Interested
Parties:
There
were no interested parties present who wished to speak.
Board
Action:
On MOTION of Dunham, the Board voted 3-0-0 (White, Dunham,
Turnbo "aye"; no "nays"; no "abstentions"; Cooper, Perkins "absent") to
DENY Case No. 19107 without prejudice, finding that the Rogers
County Board of Adjustment has denied the application for a paint ball field,
and the applicant failed to appear for this hearing.
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Action
Requested:
Special Exception to allow a private lodge/club on an OL and CS zoned property. SECTION 601. PRINCIPAL USES PERMITTED IN OFFICE DISTRICTS and SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL DISTRICTS -- Use Unit 2, located 2808 S. Sheridan.
Presentation:
Warren Werling, 2808 S. Sheridan, stated he represented the AKDAR
Association. He stated that they
are a fraternal organization and will abide by all zoning laws. They have a membership and provide
services to the public. He
stated the facility would not be a bar or eating establishment, but a place for
the organization offices and activities.
Comments and
Questions:
Ms. Turnbo asked for the hours of business and activities. Mr. Werling replied 8:30 a.m. to 5:00
p.m., Monday through Friday for business and activities such as dinner and
dancing in evenings to 11:00 p.m. and as late as 1:30 a.m. He stated that they might want to use an
outside patio on a lower level that cannot be seen from the street level. Mr. White asked if they used outside
speakers for music. Mr. Werling
stated they have used outside speakers but would refrain from using them like
they have in the past. Mr. Dunham
asked about the vacant lot on the north side of the property. Mr. Werling stated that they have
considered buying the vacant lot, and they would build a garage to park their
vans. Mr. Dunham asked what goes on
during business hours. Mr. Werling
replied that they have one person who schedules van transportation for
patients. Mr. White asked about
renting out space to other organizations.
Mr. Werling stated they might rent out the assembly areas on the upper
and lower levels for special activities.
Interested
Parties:
John Clark,
2819 S. Maplewood, stated he was in support of the Shriners moving into this
facility. He did state concern
regarding increased traffic since there is not access from Sheridan Rd. for the
parking lot on 28th.
Mr. Cooper arrived at 2:37.
Kimberly
Jobe,
2823 S. Maplewood, expressed concern regarding the empty lot and liquor
consumption. She was in favor
of the Shriners having the facility.
Applicant’s
Rebuttal:
Mr. Werling responded that they would construct access from
28th St. for the vacant lot.
He assured the Board that any use of alcoholic beverages would not be
around children.
Comments and
Questions:
Mr. Jackere cautioned Mr. Werling that a Use Unit 2 lodge/club is to be
operated as a service to the members rather than a business, and he should seek
legal counsel regarding renting space.
Board
Action:
On MOTION of Turnbo, the Board voted 4-0-0 (White, Dunham,
Turnbo, Cooper "aye"; no "nays"; no "abstentions"; Perkins "absent") to
APPROVE a Special
Exception to allow a private
lodge/club on an OL and CS zoned property, with condition that chief activity is
service not a business, music played on outside speakers be turned off at 10:00
p.m., the north lot limited to parking only, with provision to construct a
four-car garage for the vans, 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
situated in the SE/4 SE/4 of Section 15, T-19-N, R-13-E, more particularly
described as follows, to-wit: Beg. 170’ S and 50’ W NE/c SE/4 SE/4 of Section
15, T-19-N, R-13-E, thence S 0º12’52” W a distance of 175’ to a point; thence
due W a distance of 140’ to a point; thence S 0º12’52” W a distance of 125’ to a
point; thence due W a distance of 71.67’ to a point; thence Wly along a curve to
the left with a radius of 230’ for a distance of 69.42’ to a point; thence N
0º12’52” E a distance of 310.17’ to a point; thence N 89º57’09” E a distance of
280’ to the POB; AND a portion of the SE/4 SE/4 of Section 15, T-19-N, R-13-E,
being more particularly described as follows: Beg. at a point 50’ W and 345’ S
NE/c SE/4 SE/4 of Section 15, T-19-N, R-13-E; thence continuing S and 50’
equidistance from the E line of said Section 15 a distance of 125’ to a point;
thence due W a distance of 140’ to a point; thence N and parallel to the E line
of said Section 15, a distance of 125’ to a point; thence due E a distance of
140’ to the POB, all within City of Tulsa, Tulsa County, Oklahoma.
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Action
Requested:
Variance to allow a bar within 300’ of a church. SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL DISTRICTS -- Use Unit 12a; and a Special Exception for a bar to be within 150’ of a residential zoned district. SECTION 1212a.C.3. USE UNIT 12a. ADULT ENTERTAINMENT ESTABLISHMENTS, Use Conditions, location 1707 S. Sheridan.
Presentation:
John Brightmire, 320 S. Boston, stated he was representing the
applicant. He submitted a packet of
exhibits (Exhibit E-1) to the Board.
The Silver Star Saloon has been operated since 1992. They seek to add 40’ of vacant space in
the building to the existing bar on the south side. There will not be an additional
sound system. There would be one
additional emergency exit. The
controls for the sprinkler system are in the vacant space. That space is not heated and last winter
the pipes froze, caused a water break and the business and church flooded. He pointed out the letter in the exhibit
packet from the church stating they have no objection to the application. The exits would be the same so it would
not be any closer to the residential district. The occupancy permit would be increased;
so fewer customers would have to stand outside.
Comments and
Questions:
Mr. Cooper asked which was there first the bar or the church. Mr. Brightmire replied that the bar was
there first.
Interested
Parties:
There
were no interested parties present who wished to speak.
Board
Action:
On MOTION of Cooper, the Board voted 4-0-0 (White, Dunham,
Turnbo, Cooper "aye"; no "nays"; no "abstentions"; Perkins "absent") to
APPROVE a Variance to allow a bar within 300’ of a church, finding that
the church is in support and the bar existed first; and a Special
Exception for a bar to be within 150’ of a residential zoned district,
finding that the parking does not encroach on the neighborhood and it is a
previously existing condition, on the following described
property:
Tract 1: Lot 3,
Block 1, 21st and Sheridan Center 4th Addition; and Tract
2: All that part of the NE/4 NE/4 SE/4 of Section 10, T-19-N, R-13-E of the IBM,
more particularly described as follows, to-wit: Beg. at a point in the S
boundary of said NE/4 NE/4 SE/4, 50’ from the SE/c thereof; thence S 89º58’02” W
along the S boundary of said NE/4 NE/4 SE/4 a distance of 281.86’; thence N
parallel with the E boundary of said NE/4 NE/4 SE/4 a distance of 152.62’;
thence N 89º58’2” E parallel with the S boundary of said NE/4 NE/4 SE/4 a
distance of 281.86’ to a point 50’ from the E boundary of said NE/4 NE/4 SE/4;
thence S 0º27’15” W a distance of 152.62’ to the POB, less and except a part of
the NE/4 NE/4 SE/4 of Section 10, T-19-N, R-13-E, more particularly described as
follows, to-wit: Beg. at a point in the S boundary of said NE/4 NE/4 SE/4, 50’
from the SE/c thereof; thence S 89º58’02” W along the S boundary of said NE/4
NE/4 SE/4 a distance of 281.86’; thence N 0º27’15” E and parallel with the E
boundary of said NE/4 NE/4 SE/4 a distance of 152.62’; thence N 89º58’02” E
parallel with the S boundary of said NE/4 NE/4 SE/4 a distance of 136.00’ to a
point; thence S 0º27’15” W a distance of 80.00’ to a point; thence S 89º58’02” W
a distance of 68.00’ to a point; thence S 0º27’15” W a distance of 40.00’ to a point; thence
N 89º58’02” E a distance of 68.00’ to a point; thence S 0º27’15” W a distance of
22.62’ to a point, said point being 10’ N of the S line of the NE/4 NE/4 SE/4;
thence N 89º58’02” E a distance of 110.86’ to a point; thence N 77º07’00” E a
distance of 35.97’ to a point, said point being 50’ W of the E line of Section
10; thence S 0º27’15” W a distance of 18.00’ to the POB; and Tract 3: Lots 1 and
2, Block 1, 21st and Sheridan Center 4th Addition, a Re-subdivision
of Part of the 21st and Sheridan Center Addition; and Lot 1, Block 1,
21st and Sheridan Center 6th Addition, all within City of
Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception to permit church and accessory church uses in an RM-2 district. SECTION 401. PRINCIPAL USES PERMITTED IN RESIDENTIAL DISTRICTS – Use Unit 5, location 585 W. Fairview St.
Presentation:
Walter Benjamin, 2422 W. Oklahoma St., stated he was representing
Dr. Maxine Bruner, the owner of the subject property. He stated that Dr. Bruner has extended
the use of a portion of her residence to Dr. Grace Tucker for church services
and accessory church uses. It would
provide 90 seats and adequate parking space. The usual uses for this portion of the
property are weddings, receptions and similar gatherings. This would be a temporary use
until Dr. Tucker’s facility is remodeled.
Comments and
Questions:
Mr. Cooper asked what hours and days it would be used. Mr. Benjamin replied Sundays and
Wednesdays for the usual church hours, and evenings from 7:00 p.m. to 10:00
p.m. He added that they would
probably continue to use it for accessory church use after they return to their
own facility. Mr. Jackere informed
Mr. Benjamin that accessory uses would not be permitted without the principal
use, they would have to seek other relief.
Interested
Parties:
Philip Elder, 506
W. Fairview, expressed concern regarding on-street parking in this area, which
already has a parking problem.
Since the church started using the property they have had problems with
parking on the street where no parking signs are posted, sidewalks, and on the
parkway. He submitted photographs
(Exhibit F-1) to illustrate the parking problems. The services do not always end at 10:00
p.m., but children are running and playing as late as midnight on
weeknights.
John
Clinghagan,
650 N. Osage, stated he works for the Tulsa Housing Authority. He pointed out all of the
renovation/construction in the neighborhood to improve the area. He agreed with Mr. Elder that parking is
a concern and would be a major concern when the new apartments are
finished.
Emily
Warner,
1011 N. Cheyenne, the President of the Brady Heights Neighborhood Association
gave a brief overview of a letter from the association (Exhibit F-2). She noted that Mother Tucker’s church
couldn’t be separated from her ministries.
There is a very high concentration of social services similar to this
ministry in the area. This area is
intended for residential and they ask the Board to deny any special
exceptions.
David Danum, 606
N. Osage Dr., Russell
Burkhart,
752 N. Denver, Brenda
Berry,
568 N. Guthrie stated their opposition for the above reasons.
Applicant’s
Rebuttal:
Mr. Benjamin stated they are only requesting temporary church use, and
they would be glad to oversee the parking for compliance.
Board
Action:
On MOTION of Dunham, the Board voted 4-0-0 (White, Dunham,
Turnbo, Cooper "aye"; no "nays"; no "abstentions"; Perkins "absent") to
DENY a Special
Exception to permit church and
accessory church uses in an RM-2 district, 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.
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Action
Requested:
Variance of maximum height for a fence in the front yard from 4’ to 6’
along East 36th Street.
SECTION 212.A. SCREENING WALL OR FENCE, Specifications -- Use Unit 6,
located 3458 & 3460 S. Atlanta Pl.
Presentation:
Don Phillips, 3515 S. Lewis, stated he lives next door to the
subject property. He consulted his
attorney and the City of Tulsa regarding changing the address for a front yard
on the north. He was told that
would not be a problem. He noted
that five blocks north of this property there are five houses facing the street
with fences over five feet.
Comments and
Questions:
Mr. White suggested Mr. Phillips read the staff comments. Mr. Beach
commented that this is the same case as the one on the agenda in May, and was
denied without prejudice.
Interested
Parties:
Bonnie Henke,
3449 S. Atlanta Pl., stated she also owns the residence next door at 3455 S.
Atlanta Pl. She expressed concern
for advertisements for lots in a private gated community on 36th St.
for two addresses that had not previously existed. She objected to the wall that
height and setback requirements in the zoning code.
Comments and
Questions:
Mr. Cooper asked if they want the access to be from 36th Pl.,
and are they against the fence. She
replied they would like for the access to be from 36th Pl.; and they
would prefer a fence in compliance with the code rather than the wall.
Bob Boswell,
3404 S. Atlanta Pl., stated he agrees with Ms. Henke’s objections.
Frank
Henke,
3449 S. Atlanta Pl., stated there is no hardship, the wall violates height
restrictions, and is in the public right-of-way.
Mary Anna
Vestly,
3437 S. Atlanta Pl., stated her opposition for the reasons stated above.
Applicant’s
Rebuttal:
Mr. Philips stated they have only received one citation. He also stated that he trusted the
survey company figured appropriately for the setbacks. He explained that the wall is for
security and a noise buffer.
Comments and
Questions:
Mr.
Cooper asked about a hardship for this variance. Mr. Philips did not have a hardship to
offer.
Board
Action:
On MOTION of Dunham, the Board voted 4-0-0 (White, Dunham,
Turnbo, Cooper "aye"; no "nays"; no "abstentions"; Perkins "absent") to
DENY a Variance of maximum
height for a fence in the front yard from 4’ to 6’ along East 36th
Street, finding a lack of hardship.
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Special Exception to allow a church and related church uses in an RS-1
zoned district. SECTION
401. PRINCIPAL USES PERMITTED IN
RESIDENTIAL DISTRICTS -- Use Unit 5, located SW/c E. 41st St. &
S. Atlanta Pl.
Presentation:
Louis Levy, 5314 S. Yale, stated he was representing St. Johns
Episcopal Church. The church owns
the subject property and they propose to renovate their building and
re-configure parking. This property
has had a non-conforming use.
Comments and
Questions:
Mr. Jackere asked about the height of the elevator tower. Mr. Levy assured him it would not extend
above the roofline. Ms. Turnbo
inquired about the landscaping. Mr.
Levy replied they are proposing new landscaping. Ms. Turnbo also noted that some of the
parking appears to be in the street right-of-way. City of Tulsa Zoning Notice
(Exhibit H-1) is on file regarding setbacks. Mr. Dunham explained to Mr. Levy that
the site plan would have to comply with the zoning code for parking and
landscaping.
Interested
Parties:
There were no interested parties present who wished to speak. Mr. White acknowledged a letter of opposition (