CITY BOARD OF ADJUSTMENT
Tuesday,
September 11, 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 |
Turnbo |
Beach |
Boulden,
Legal |
|
Cooper White,
Chair |
Perkins |
Butler |
|
The notice and agenda of said meeting was posted in the Office of INCOG, 201 W. 5th St., Suite 600, on Friday, September 7, 2001, at 11:50 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 1:07 p.m.
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Action
Requested:
The applicant, Steve Liggett, asked for a continuance of the case
because the notice needs to be changed.
Board
Action:
On MOTION of Dunham, the Board voted 3-0-0 (White, Dunham,
Cooper "aye"; no "nays"; no "abstentions"; Turnbo, Perkins "absent") to
CONTINUE Case No. 19189 to the meeting on October 9, 2001.
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Action
Requested:
Mr. Moody asked for Case No. 19194 to be continued to the meeting on
September 25, 2001.
Board
Action:
On MOTION of Cooper, the Board voted 3-0-0 (White, Dunham,
Cooper "aye"; no "nays"; no "abstentions"; Turnbo, Perkins "absent") to
CONTINUE Case No. 19194 to the meeting on September 25, 2001.
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Action
Requested:
Roy Johnsen, stated he was representing the applicant, Graham
Brothers Entertainment. He asked
for a continuance because Mr. Gearhart, President of the company, could not be
here since all flights were cancelled.
Mr. Gearhart would be able to speak to the issues that need to be
considered.
Interested
Parties:
Greg Crawford,
900 OneOk Plaza, stated his firm represents the Burning Tree Neighborhood
Association. He stated that
they have no objection to the continuance, considering the national crisis that
has taken place this day. He
offered to distribute exhibits to the Board for the next hearing. Mr. Boulden was not in favor of giving
them to the Board, but he was willing to receive one. Mr. White commented to Mr. Boulden that
it helps to obtain information ahead of time, especially when it is a large
packet instead of trying to read it during the meeting.
Mr. Johnsen informed the Board that it would probably take twenty minutes
to present his case. Mr. Crawford
commented that if it takes Mr. Johnsen twenty minutes that he would want the
same amount of time. Mr. White
asked if they would be the only two speaking or if others would also speak. Mr. Johnsen replied that Mr. Gearhart
would also speak. Mr. Crawford
replied that Mr. Speiglberg and some residents would want to speak.
Frank
Speiglberg
stated he was also counsel for the neighborhood and a resident of Burning
Tree. He explained that one
interested party present today wanted the case to be heard today, but she
understands the circumstances.
Mr.
Boulden stated for the record that the circumstances to which people are
referring, are the plane hijackings that crashed into the World Trade Center
Towers and the Pentagon this morning. All flights were grounded and Mr.
Gearhart, a main speaker for the application could not get here in time for the
meeting.
Board
Action:
On MOTION
of Dunham,
the Board voted 3-0-0 (White, Dunham, Cooper "aye"; no "nays"; no "abstentions";
Turnbo, Perkins "absent") to CONTINUE
Case 19012 to the meeting on September 25, 2001 at the end of the
agenda.
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Action
Requested:
The applicant was not present.
Case No. 19048 was tabled to later on the agenda.
Action
Requested:
Special Exception to permit vehicle repair in a CS district. SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL DISTRICTS -- Use Unit 17, located 5929 S. Peoria.
Presentation:
Joe Seibert, 1371 E. 27th St., stated he owns property
at 5929 S. Peoria, approximately 2 acres.
He desires to lease out the property for various businesses. The front of the property will be used
for the sale of hot tubs and spas.
The back half of the first lot and all of the south lot they propose to
lease for vehicle repair.
Frazier Gonzales, of Broken Arrow, proposes to run an auto repair
shop and detailing.
Comments and
Questions:
Mr. Dunham commented that there couldn’t be any outside storage or
display of merchandise, including no autos for sale, inoperable vehicles for an
undue amount of time. He also
asked about the mention of a mini-storage on the south half of the tract. Mr. Gonzales replied that he was not
going ahead with that idea. Mr.
Dunham noted that the only building the applicant would occupy would be the one
in the back. Mr. Gonzales responded
in the affirmative. Mr. Cooper
asked if there would be a paint booth.
Mr. Gonzales replied there would not be a paint booth.
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, Cooper "aye"; no "nays"; no "abstentions";
Turnbo, Perkins "absent") to APPROVE
a Special
Exception to permit vehicle
repair in a CS district, noting this is only for the rear building and with
condition of no outside storage or display of merchandise for sale, and no
inoperable vehicles be permitted on the premises in excess of 48 hours, 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 8 and 9,
less W 15’ thereof for street, Southlawn Addition, City of Tulsa, Tulsa County,
State of Oklahoma.
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Action
Requested:
Mr. Beach informed the Board that the applicant is in court and will not
be able to attend this meeting. He
suggested this case be continued to the next meeting.
Board
Action:
On MOTION
of Dunham,
the Board voted 3-0-0 (White, Dunham, Cooper "aye"; no "nays"; no "abstentions";
Turnbo, Perkins "absent") to CONTINUE
Case No. 19048 to the meeting on September 25, 2001.
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Action
Requested:
Special Exception to allow antenna in OL zoned district for video
transmission. SECTION 601. PRINCIPAL USES PERMITTED IN OFFICE
DISTRICTS -- Use Unit 4; a Special Exception of 110% setback requirement to 0’.
SECTION 1204.C.5.c. USE UNIT
4. PUBLIC PROTECTION AND UTILITY
FACILITIES, Use Conditions; a Special Exception of landscaping
requirements. SECTION
1002. LANDSCAPE REQUIREMENTS; and a
Special Exception to permit guyed tower instead of a monopole. SECTION 1204.C.3.b.2. USE UNIT 4. PUBLIC PROTECTION AND UTILITY
FACILITIES, Use Conditions, located S of SE/c E. 51st St. & S.
Sheridan.
Presentation:
Robert Villines, 10104 E. 85th Ct. N., Owasso,
Oklahoma, stated he was representing Tron-Tek. They propose to place a 53’ guyed tower
on top of a building at the Farm.
It would be approximately 375’ from a residential structure and 350’ from
a R district. The uses on the
north and south are within commercial zoning, and within residential zoning on
the east and west. The topography
is flat with partial tree coverage.
It would be galvanized steel tower to support one camera, one transmitter
and one grid antenna. The tower is
needed to provide video images and weather information via microwave
transmitter. “The Farm” and local
television stations would use the video.
Comments and
Questions:
Mr. White confirmed that the guy wires would be attached to the building
and not to the ground.
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, Cooper "aye"; no "nays"; no "abstentions";
Turnbo, Perkins "absent") to APPROVE
a Special Exception to allow
antenna in OL zoned district for video transmission; a Special
Exception of 110% setback requirement to 0’; a Special
Exception of landscaping requirements; and a Special
Exception to permit guyed tower instead of a monopole, as per the
findings in the presentation above, and 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 4, The Farm,
City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Variance of required parking spaces
from 96 to 88. SECTION 1208.D. USE
UNIT 8. MULTIFAMILY DWELLING AND
SIMILAR USES, Off-Street Parking and Loading Requirements -- Use Unit 6, and
Variances of required parking setbacks on three sides of the subject tract to
allow 5’ of required landscape strip (South Troost Avenue from 45’ to 34’; East
13th Street from 45’ to 35’; and South Utica Avenue from 60’ to 55’
and from 90’ to 70’). SECTION
1302.B. SETBACKS, located SW/c E.
13th St. & S. Utica Ave.
Presentation:
Dean Moss, 7120 E. 69th St., stated he is the pastor of
the First Evangelical Lutheran Church at 13th and Utica. They proposed to build a 60-unit
apartment building for seniors with a moderate income. He commented that they are in a
unique position between Hillcrest Medical Center and St. John Medical
Center.
Comments and
Questions:
Mr. White asked for the hardship, noting that staff did not find a
hardship. Dewayne Wilkerson 6111 E.
32nd Pl., submitted an artist rendering (Exhibit A-2). He indicated there is a 13’ elevation
change between the northeast corner and the northwest corner of the site. They need to spread out the parking or
there would be slopes in the parking lot that would not be accessible,
especially to the market that they are trying to reach. Mr. Wilkerson added that all of the
streets right-of-ways are 60’ wide.
A normal residential street right-of-way is 50’, but these were
constructed a long time ago. Mr.
Dunham asked what Reverend Moss considered a moderate income. Reverend Moss replied that he considered
$25,000 to $35,000 to be moderate.
Mr. Cooper asked if they have considered a variance to allow parking in
the right-of-way. Mr. Wilkerson
replied they have considered that; and it is part of the church facility and
there is parking available there.
Mr. Cooper asked if the same entity would own both the properties where a
tie-contract could be worked out with the apartment building and the
church. Mr. Wilkerson replied in
the affirmative. Mr. Dunham asked
if Troost also has a 60’ right-of-way.
Mr. Wilkerson replied that Utica and the Broken Arrow Expressway are the
two exceptions. The Broken Arrow
Expressway is 250’ and Utica is 70’ to 90’.
Interested
Parties:
There
were no interested parties present who wished to speak.
Board
Action:
On MOTION of Cooper, the Board voted 3-0-0 (White, Dunham, Cooper "aye"; no "nays"; no
"abstentions"; Turnbo, Perkins "absent") to APPROVE a Variance of required
parking spaces from 96 to 88; and Variances of required parking
setbacks on three sides of the subject tract to allow 5’ of required landscape
strip (South Troost Avenue from 45’ to 34’; East 13th Street from 45’
to 35’; and South Utica Avenue from 60’ to 55’ and from 90’ to 70’, subject to a
tie-contract with the church across the street for overflow parking, finding 60’
setbacks on Troost, 13th Street and Utica, and the elevation change
from the west to the east, on the following described
property:
Block 1, Lakeview
Addition, less and except that portion taken for Broken Arrow Exp. right-of-way,
City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception to allow a manufactured home in an RS-3 district. SECTION 401. PRINCIPAL USES PERMITTED IN RESIDENTIAL DISTRICTS -- Use Unit 9; and a Special Exception to extend the one-year time limit to indefinitely. SECTION 404. SPECIAL EXCEPTION USES IN RESIDENTIAL DISTRICTS, REQUIREMENTS, located 3636 S. Jackson.
Presentation:
Michael Seymore, 1717 E. 15th St., stated he was
representing Ms. Carr, the owner of the subject property. The special exception was only for 3636
S. Jackson Ave. The 3640 S. Jackson
Ave. was included on the site plan but that was only for the contractor to place
the mobile home.
Comments and
Questions:
Mr. White noted the staff comments regarding the lot at 3640 S.
Jackson. Mr. Beach stated it is not
legal to have the garage on that lot without a tie-agreement to the lot with the
dwelling. Mr. Seymore explained
that the previous home burned down and was removed leaving the garage. Mr. White
asked what the owner plans to do with the garage. Mr. Seymore replied that the owner did
not plan to remove the garage.
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, Cooper "aye"; no "nays"; no
"abstentions"; Turnbo, Perkins "absent") to APPROVE a Special Exception to allow a manufactured home in an RS-3 district;
and a Special Exception to extend the one-year time limit to 30
years, with condition of a tie-agreement between Lots 4 and 5, tie-downs,
skirting, DEQ approval, and building permit, 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 4, Block 6,
Amended Plat of Blocks 5, 6, 7 and 8, Garden City, City of Tulsa, Tulsa County,
State of Oklahoma.
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Action
Requested:
Variance of maximum allowable floor
area for detached accessory buildings from 750 sq. ft. to 2,076 sq. ft. SECTION 402.B.1.d. ACCESSORY USES IN
RESIDENTIAL DISTRICTS, Accessory Use Conditions -- Use Unit 6, located 2504 W.
37th St.
Presentation:
Donald McCall, 2504 W. 37th St., stated that his
contractor did not obtain a permit and he is going through the proper
procedures. He proposed to
construct a 30’ x 50’ building behind his home as a game room and basketball
court for personal use. He stated
that he has 26,250 square feet of property and can accommodate this size of
building easily. A site plan was
submitted (Exhibit B-1).
Comments and
Questions:
Mr. White asked for the height of the structure. Mr. McCall replied the building would
be16’ in height. Mr. Dunham asked
if that is the sidewall height. Mr.
McCall stated that the sidewalls would be 16’ in height and a pitched roof. Mr. Cooper asked for more information
regarding the structure. Mr. McCall
described the building as a metal fabricated structure built to Code. Mr. Dunham asked for a hardship. Mr. McCall stated that the ground is
lower next to the house and would have to raise the level about four feet for
proper drainage. He picked the
highest area in the yard for level ground as recommended by the engineer and
plumber. Mr. Boulden asked about
the need for the garage door. Mr.
McCall replied that he has three large pianos and a hot tub that are too wide to
move through a regular door and if they have to be removed. Mr. Boulden asked if a restroom
and kitchen facilities would be part of the building. Mr. McCall stated that he planned on a
restroom and kitchenette. He wanted
these facilities so they could have guests without people going through his
home. He added that he has a large
screen for a projection television that requires the extra height.
Interested
Parties:
Mr.
White noted a letter of opposition from Nona Trouba.
John
McLain,
3721 S. 26th W. Ave., submitted two letters of opposition and
photographs (Exhibits B-2 and B-3).
He stated a complaint that the applicant started a deck on the back of
his house two years ago and it has not been completed. The photographs show junk in the
yard and fencerow and the incomplete deck.
He expressed concern that the building will be started and not
finished.
Billie C.
Linch,
11811 E. 91st, Broken Arrow, expressed concern for possible decreased
property value and increased taxes from this project. She also objects to a building of that
size in the neighborhood.
Mildred
Crouch,
2512 W. 37th St., stated that she suspects the applicant of planning
for a business to entertain teenagers.
She added that it is a dead end street and would oppose an increase in
the noise level that this could cause.
She complained that the applicant promised he would put all of the junk
in the yard into his garage three years ago and it is still in the
yard.
Madelene Collier, 3705
S. 26th W. Ave., stated she is a neighbor around the corner from the
subject property. She stated that a
lot of teens parking there would increase the current parking
problems.
Applicant’s
Rebuttal:
Mr. McCall stated this is to be a game room for personal use. It would be a place for storing his
collections, and for his family and friends to enjoy. He stated he has no intention of
using it for a business.
Comments and
Questions:
Mr. Boulden asked if he could eliminate the kitchen facilities. Mr. McCall wanted to have restroom
facilities and not necessarily cooking facilities but a sink. Mr. Beach specified that a toilet and
lavatory is acceptable.
Board
Action:
On MOTION of Cooper, the Board voted 3-0-0 (White, Dunham, Cooper "aye"; no "nays"; no
"abstentions"; Turnbo, Perkins "absent") to DENY a Variance of maximum
allowable floor area for detached accessory buildings from 750 sq. ft. to 2,076
sq. ft., finding a lack of hardship.
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Action
Requested:
Variance of side yard setbacks of 5’ and 10’ down to 0’ for existing carports on each side, which are built to the lot line. SECTION 403. BULK AND AREA REQUIREMENTS IN THE RESIDENTIAL DISTRICTS -- Use Unit 6, located 5623 S. Birmingham.
Presentation:
Bill Campbell, 5623 S. Birmingham, stated that he has two carports
built by Standard Builders. He
discovered that the builder did not get permits to build them. One carport has storm damage and needs
to be repaired.
Comments and
Questions:
Mr. Dunham asked how long the carports have been there. Mr. Campbell stated the carports have
been there for four years. Mr.
Dunham commented that it appeared there was some remodeling in progress on the
house. He explained that he hired
someone to put in two windows and in the process they damaged his carport. He added that he replaced the air vent
to the attic for better circulation in the attic. Mr. Beach asked what prompted this
application. Mr. Campbell replied
that to make the repairs he needed a permit and was directed to seek this relief
from the Board of Adjustment. Mr.
Dunham asked Mr. Beach about the issue that the carports exceed the 500 square
feet of allowable detached accessory buildings. Mr. Beach replied that it would need
additional relief.
Interested
Parties:
Michael Dan Rankinson, 5619
S. Birmingham,
stated
that he was representing the neighborhood association. He added that he lives adjacent to Mr.
Campbell on the north. He submitted
photographs (Exhibit C-1). He made
complaints of the applicant adding a second story to his home in the midst of
one-story homes, and all the way out on both side yards. Mr. Rankinson stated that he built an
eight-foot screening fence to block the view but above that fence he can see
insulation hanging out of the applicant’s unfinished exterior walls, poison ivy
growing up the side of the house, an overhang of the roof less than four feet
from his own property line. He
listed numerous other unsightly things on the subject property including a
collapsed roof to a storage area.
David
Kennedy,
2606 E. 56th St., stated he lives across the street from the subject
property. He expressed concern that
the carports are not up to code and he objects to a variance.
Applicant’s
Rebuttal:
Mr. Campbell indicated that the remodeling work was not finished and he
was waiting on a window on order to come in. Mr. Dunham asked what the carports are
being used for. Mr. Campbell
indicated they were used for storage of various items. Mr. Cooper asked for the hardship. Mr. Campbell stated there was not enough
space in the back of his yard to do projects for his rental property.
Board
Action:
On MOTION of Dunham, the Board voted 3-0-0 (White, Dunham, Cooper "aye"; no "nays"; no
"abstentions"; Turnbo, Perkins "absent") to DENY a Variance
of side yard setbacks of 5’ and 10’
down to 0’ for existing carports on each side, which are built to the lot line,
for lack of hardship.
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Action
Requested:
Variance of the setback for an
accessory building in an RS-3 district from 3’ from property line to 2’. SECTION 210.B.5.b. YARDS, Permitted
Obstructions in Required Yards -- Use Unit 6; a Variance of allowable 500 sq.
ft. to 768 sq. ft. for an accessory building. SECTION 402.B.1.d. ACCESSORY USES IN
RESIDENTIAL DISTRICTS, Accessory Use Conditions; a Variance of accessory
building height from 18’ to 21’.
SECTION 210.B.5.a. YARDS, Permitted Obstructions in Required Yards; and a
Variance of allowable 30% coverage of required rear yard to 48% (or 480 sq.
ft.). SECTION 210.B.5.a. YARDS,
Permitted Obstructions in Required Yards, located 2232 E. 17th
Pl.
Presentation:
Ann Sallee, 2232 E. 17th Pl., stated that she started
the project on the subject property in February, 2001. She contacted the City of Tulsa and was
informed that the square footage could be up to 750 square feet. She added that she is 18 square feet
over the allowable. She obtained
her bids by July and found that June 1, 2001 the code had changed. She plans to remove the existing garage
and replace with a new garage with loft for storage.
Comments and
Questions:
Mr. Dunham confirmed that the applicant was willing to drop her request
for the variance of size, height and setback and the variance of the allowable
coverage of required rear yard. He
also determined that she was willing to amend the second variance
requested.
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,
Cooper "aye"; no "nays"; no "abstentions"; Turnbo, Perkins "absent") to
APPROVE a Variance of allowable 500 sq. ft. to 750
sq. ft. for an accessory building, with condition that existing garage be
removed; and the Variance of allowable 30% coverage in the rear
yard to 42% to allow a 750 square foot building be approved, finding the
hardship to be the configuration and width of the lot, and that it would be
difficult because of the situation of the existing house to place the building
in any other place, on the following described property:
Lot 3, Block 1, Woodward Park Addition, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception of the required hard surface dust free parking to allow
gravel where display units are located.
SECTION 1303. DESIGN
STANDARDS FOR OFF-STREET PARKING AREAS -- Use Unit 17, located 8301 & 8347
E. 11th St.
Presentation:
Ron Sheperd, 1401 E. Granger, Broken Arrow, stated he is one of
the owners of Nichol’s RV World on the subject property. He stated that he made application
at INCOG and discussed with Kurt Ackermann, and discovered that he needed
another special exception to allow gravel where display units are located. He described where the gravel and
asphalt are located on the property.
Comments and
Questions:
Mr. Dunham asked how often the display units are moved. Mr. Sheperd stated that is their
inventory and moved as they are sold.
The goal is to move them four times a year.
Interested
Parties:
Al Nichols,
8526 E. 16th St., stated he represents the East Tulsa Mingo Valley
Neighborhood Association. He made
the complaint that dust from the gravel blows into the residential
neighborhood. He mentioned another
similar business in the area, stating they have an all-weather surface in
compliance with the code and the applicant should have to comply also. He stated their opposition to the
application.
Mr. White noted one letter of opposition.
Mr.
Boulden pointed out that according to the zoning code this is a variance
situation not a special exception.
Applicant’s
Rebuttal:
Mr. Sheperd responded that the business to which his business was
compared has only the front portion of the property paved with an all-weather
surface.
Board
Action:
On MOTION of Dunham, the Board voted 3-0-0 (White, Dunham,
Cooper "aye"; no "nays"; no "abstentions"; Turnbo, Perkins "absent") to
DENY a Variance of the required hard surface dust
free parking to allow gravel where display units are located, finding a lack of
hardship.
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Case No.
19191
Action
Requested:
Variance of side yard requirement
of 5’ down to 3’ for an addition to an existing non-conforming structure. SECTION 403. BULK AND AREA REQUIREMENTS IN THE
RESIDENTIAL DISTRICTS -- Use Unit
6, located 1220 E. 18th St. S.
Presentation:
Barbara M. Henk, 1220 E.
18th St., stated she lives in the historic district. She proposes an addition to her home and
desires relief to build to three feet from the lot line. She stated that it was built in 1924 and
three feet from the lot line. Ms.
Henk stated that the lot was split at some time and the house to the west was
added. Ms. Henk stated that
the addition would be in line with the existing house.
Comments
and Questions:
Mr. White asked if the neighborhood has made any comments. Ms. Henk replied that the neighbor to
the west is an absentee owner.
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,
Cooper "aye"; no "nays"; no "abstentions"; Turnbo, Perkins "absent") to
APPROVE a Variance of side yard requirement of 5’
down to 3’ for an addition to an existing non-conforming structure, finding this
lot is one of the more narrow lots in the neighborhood, and the house to the
west has considerable separation between the home and this property, on the
following described property:
W 50’ of Lot 2,
Block 2, Maple Heights Addition, City of Tulsa, Tulsa County, State of
Oklahoma.
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Action
Requested:
Special Exception of fence height from 8’ to 11’6” in an RS-2 district. SECTION 210.B.3. YARDS, Permitted Obstructions in Required Yards -- Use Unit 6, located 5642 S. Harvard.
Presentation:
Stephen Schuller, 500 OneOk
Plaza, 100 W. 5th St., stated he was representing Mr. and Mrs.
Wanenmacher. The applicants
constructed a wall on the Harvard Ave. right-of-way. It is a sand colored, split-faced
concrete blocks, with decorative side facing Harvard Avenue for aesthetics. They were not aware of the height
restriction until the wall was completed and they received the zoning violation
notice. They had attempted to match
the fence height to a fence to the south of the property.
Comments
and Questions:
Mr. White asked if they have obtained a permit. Mr. Schuller replied that the builder was unaware that a permit was needed for this type of structure. He added that his clients planted numerous landscaping along the wall, several loads of topsoil, and over 2,000 flowering everg