CITY BOARD OF ADJUSTMENT

MINUTES of Meeting No. 826

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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UNFINISHED BUSINESS

 

Case No. 19189

      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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Case No. 19194

      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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Case No. 19012

      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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Case No. 19048

      Action Requested:

         The applicant was not present.  Case No. 19048 was tabled to later on the agenda.

 

 

Case No. 19099

      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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Case No. 19048

      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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Case No. 19160

      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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Case No. 19170

      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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Case No. 19171

      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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NEW APPLICATIONS

 

Case No. 19185

      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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Case No. 19187

      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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Case No. 19188

      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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Case No. 19190

      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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Case No. 19193

      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