CITY BOARD OF ADJUSTMENT
Tuesday,
October 9, 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 |
Perkins |
Beach |
Boulden,
Legal |
|
Cooper Turnbo |
|
Butler |
Cox,
Neighborhood Inspection |
|
White,
Chair |
|
|
|
The notice and agenda of said meeting was posted in the Office of INCOG, 201 W. 5th St., Suite 600, on Monday 8, 2001, at 8:43 a.m., as well as at the City Clerks office, City Hall.
After declaring a quorum present, Chair, White called the meeting to order at 1:00 p.m.
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MINUTES:
On MOTION of Turnbo, the Board
voted 3-0-0 (White, Dunham, Turnbo, "aye", no "nays", no "abstentions", Perkins,
Cooper "absent") to APPROVE
the Minutes of September 11, 2001 (No. 826).
On MOTION of Turnbo, the Board
voted 3-0-0 (White, Dunham, Turnbo, "aye", no "nays", no "abstentions", Perkins,
Cooper "absent") to APPROVE
the Minutes of September 25, 2001 (No. 827).
Action
Requested:
Mr. Beach asked if anyone was present for the case, as there were some questions regarding the relief requested. No one was present at the time. Mr. Beach stated that he would wait until later where the case is listed on the agenda.
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Action
Requested:
Special Exception to permit an Art Gallery, not for profit, in an IM district. SECTION 901. PRINCIPAL USES PERMITTED IN INDUSTRIAL DISTRICTS -- Use Unit 5; and a Variance of the required number of parking spaces from 9 to 0. SECTION 1205.C. COMMUNITY SERVICES AND SIMILAR USES; Off-Street Parking and Loading Requirements, located 308 S. Kenosha.
Presentation:
Steve Liggett, 308 S. Kenosha, stated he is the Director of the
Living Arts of Tulsa. He stated
that they have been at this location since February 2000. He stated his request to the Board.
Comments and
Questions:
Ms.
Turnbo asked where the patrons and employees have parked. Mr. Liggett replied that all of their
events are after 5:30 p.m. He added
that all of the neighbors leave by 5:00 or 5:15 p.m, and they have never had a
parking problem. The patrons and
employees park on the street. Mr.
Beach asked what days of the week they use the facility. Mr. Liggett replied the gallery is open
from 5:00 to 8:00 p.m. on Thursdays, 1:00 to 4:00 p.m. on Saturdays and special
events on Thursday, Friday and Saturday afternoons and nights. Mr. Dunham asked what precipitated this
application. Someone told him that
they should go through this process.
Interested
Parties:
Willis Thompson, 10006
S. Braden,
stated
he is the owner of the property adjacent to the north, 222 S. Kenosha, to the
subject property. He stated that
parking in the area is a serious problem and he provides adequate parking for
his tenants. He put a gate on his
enclosed parking to keep unauthorized people from parking there. He stated his objection to the
application.
Comments and
Questions:
Mr.
Dunham asked Mr. Thompson if the Board approved after 5:00 p.m. on Thursday
night and 1:00 p.m. to 4:00 p.m. on Saturday, would he still consider there to
be a lack of parking on the street.
Mr. Thompson replied that he would object because there were problems
with other businesses using his parking for evening meetings. Mr. Dunham asked how often they have the
special events.
Mr. Cooper
arrived at 1:16 p.m.
Mr.
Thompson replied the special events are about once per month. Ms. Turnbo asked about late events on
Fridays and Saturdays. Mr. Thompson
replied that a late event on Friday or Saturday would be about 7:00 p.m. to
11:00 p.m.
Board
discussion ensued.
Board
Action:
On
Motion
of Dunham,
the Board voted 4-0-0 (White, Dunham, Turnbo, Cooper "aye", no "nays", no
"abstentions", Perkins "absent") to APPROVE
a Special
Exception to permit an Art
Gallery, not for profit, in an IM district; and a Variance of the
required number of parking spaces from 9 to 0 with the conditions that days and
hours of operation on a regular basis are Thursday from 5:00 p.m. to 8:00 p.m.
and Saturday from 1:00 p.m. to 4:00 p.m. and allowing one event per month on
either Friday from 7:00 p.m. to 11:00 p.m. or Saturday from 7:00 p.m. to 11:00
p.m., finding the hardship to be that it is an existing condition of parking
deficiencies in the area; there is no use that would not require some parking;
and this is the least intrusive, on the property described as follows:
Original Town, E 50 S 120 Lot 8, and E 35 W 50 S 32 Lot 8, and S 120 Lot 9, Block 113, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception to allow indoor soccer facility in an IL zoned
district. SECTION 901. PRINCIPAL USES PERMITTED IN INDUSTRIAL
DISTRICTS -- Use Unit 19; and a Variance of the all-weather surface for parking
on a portion of the tract. SECTION
1303.D. DESIGN STANDARDS FOR
OFF-STREET PARKING AREAS, located S of SW/c E. 56th St. & S.
Garnett Rd.
Presentation:
Mendy Ward, the applicant, was not present. Mr. Beach informed the Board that it was
apparent from an e-mail that the applicant intends to withdraw the variance from
an all-weather surface, and they have already been re-advertised for a variance
from the number of parking spaces required. The case will come up on October 23,
2001.
Board
Action:
No
Board action is needed.
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Case No.
19205
Action
Requested:
Special Exception of the home occupation requirements to allow a tool truck to
be parked on residential property; and a
Variance of the home
occupation requirements to allow a tool truck to be parked on residential
property. SECTION 402.B.6.a.2.
& 6. ACCESSORY USES IN RESIDENTIAL DISTRICTS, Accessory Use Conditions --
Use Unit 6, located 1644 S.
119th E. Ave.
Presentation:
Howard D. Perkins, Jr., P.O. Box 690355, Tulsa, Oklahoma, stated
he was representing John Henry Buechler, the applicant. He believed that Mr. Buechler could park
his truck at his residence by right.
Mr. Perkins stated it is not a home occupation and everything involving
his business is within his truck.
He also believes that this tool truck is a customary vehicle in this
neighborhood. Mr. Buechler has been
parking this truck at his home for approximately twenty years.
Interested
Parties:
Kevin Cox, Neighborhood Inspections, 111 S. Greenwood, stated he
received a complaint of illegal storage of trash, junk and debris, and storage
of an oversized vehicle in a residentially zoned district. Upon inspection of the property, he
stated that he found the complaint to be valid, with multiple nuisance
violations and a lawfully stored recreational vehicle stored on the driveway.
The oversized tool truck with advertising was also found parked next to the
motor home. Neighborhood
Inspections believes that the Board should uphold the decision of the
Administrative Official on the grounds that the vehicle violates the zoning code
and the traffic code. A packet and
photographs (Exhibit A-1) were submitted to the Board.
Jim Hartsell, 1661 S. 118th E. Ave., stated that the
neighborhood began to deteriorate about fifteen years ago. The residents formed Cherokee Village
Homeowners Association. They have
worked on cleaning up the neighborhood.
He added that they have seen semi-trucks, and other oversized trucks
moved out of the neighborhood to other parking locations, and this would be a
step backward.
W.
D. Priddy, 10301 E. 92nd St. N., Owasso, Oklahoma, stated that
the tool truck blocks the view of traffic.
He submitted photographs (Exhibit A-2) to the
Board.
Comments and
Questions:
Mr.
Cooper asked how long it has been parked there. Mr. Pretty replied twenty years.
Interested
Parties:
Monica
Barzak stated
she is the Administrative Aide for Councilor Art Justis, 200 Civic Center, Ste.
200. Mr. Justis objects to the
special exception in this neighborhood with small homes and small
properties.
Georgia Priddy, 10301
E. 92nd St. N., Owasso, Oklahoma, submitted a copy of appeal to tax
assessor (Exhibit A-5) to the Board.
She explained that they lowered her taxes when she showed them
photographs of the applicants property and the tool truck.
James
Mautino,
14628 E. 12th St., submitted photographs (Exhibit A-4) to the
Board. He pointed out that the
motor home was hooked up to water and electricity and the satellite in the
driveway against the zoning code.
He asked the Board deny the application.
Troy
Williams,
402 S. 105th E. Pl., noted that if he has the tool truck and motor
home in the driveway it would force him to park his personal vehicles in the
street. He expressed concern that
the vehicles on the street would impede emergency vehicles.
Applicants
Rebuttal:
Mr.
Perkins informed the Board that the applicant did clean up the property. The reason the tool truck was parked
over the sidewalk was because the applicant was cleaning up the driveway to
comply with the Zoning Code after he received the notice. He stated there was plenty of space to
park the truck on the driveway after the cleanup. A letter of response to notice (Exhibit
A-3) was submitted to the Board.
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 of the home
occupation requirements to
allow a tool truck to be parked on residential property; and a
Variance of
the home occupation requirements to allow a tool truck to be parked on
residential property; and to Uphold the decision of the Administrative Official,
on the following described property:
Lot 32,
Block 10, Cherokee Village Second, City of Tulsa, Tulsa County, State of
Oklahoma.
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Action
Requested:
Approval of amended site plan (16399) to
add new education building on church.
SECTION 703. BULK AND AREA REQUIREMENTS IN THE COMMERCIAL DISTRICTS; a
Variance of required setback from 25 to 0. SECTION 703. BULK AND AREA
REQUIREMENTS IN THE COMMERCIAL DISTRICTS; a Special Exception for church use
(Use Unit 5) on Lots 16 - 20, Block 3, Eisenhower Addition. SECTION 501. PRINCIPAL USES PERMITTED IN
THE PARKING DISTRICTS Use Unit 5; and a Variance of floor area ratio from 70%
to 48% per plan. SECTION 703. BULK
AND AREA REQUIREMENTS IN THE COMMERCIAL DISTRICTS, located 3515 S.
Harvard.
Presentation:
Mr.
Beach called the Boards attention to his staff comments that church uses in the
PK district are not allowed by right or by exception. He also pointed out that the variance
requested for floor area is less than the floor area approved by the Board in
1993. Mr. Beach stated that these
two requests should be stricken.
Larry Johnston, 610 S. Main, Ste. 200, explained the reasons for
the variance request for the floor area ratio. He stated their plans to purchase the
last house on the south end of the church then to apply for a permit to close
Indianapolis and then re-plat and apply for a PUD on the total property. This is an intermediate step before
re-zoning so they could be in full compliance. A site plan (Exhibit B-1) was submitted
to the Board.
Comments and
Questions:
Mr.
Dunham noted that all they need is relief to build a new education
addition. Mr. Dunham stated that
according to the staff comments they could strike the last two
requests.
Interested
Parties:
There
were no interested parties who wished to speak.
Board
Action:
On
Motion
of Dunham,
the Board voted 4-0-0 (White, Dunham, Turnbo, Cooper "aye", no "nays", no
"abstentions", Perkins "absent") to APPROVE
an amended site plan to add new
education building on church, subject to a tie-agreement, including the new
parking area the church has acquired since the last application; a
Variance of required setback from 25 to 0,
to allow construction of the new education building, finding the hardship to be
that the church owns more than adequate land to provide parking and this
represents very low building to land ratio for area involved, per plan
submitted, on the property described as follows:
Block 40,
Albert Pike Subdivision, Lots 1 4, Block 4, and Lots 11 - 20, Block 3,
Eisenhower Addition, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception to permit a church and accessory uses (parking lot) in
an RS-3 zoned district. SECTION
401. PRINCIPAL USES PERMITTED IN
RESIDENTIAL DISTRICTS Use Unit 5; a Variance of requirement that a church in
an R district have a minimum lot area of one acre and lot width of 100. SECTION 1205.B. USE UNIT 5. COMMUNITY SERVICES AND SIMILAR USES,
Included Uses; a Variance of screening requirement from R district on south side
only. SECTION 1212.C. USE UNIT 12. EATING ESTABLISHMENTS OTHER THAN
DRIVE-INS, Use Conditions; and a Variance to allow required parking to be
located on another lot than the principal use. SECTION 1301.D. OFF-STREET PARKING;
GENERAL REQUIREMENTS, located 2331 N. Quaker St.
Presentation:
Julius Pegues, 1814 W. Newton, St., stated he was representing the
Lutheran Church of the Prince of Peace.
He introduced the pastor, Sydney Flack. Mr. Pegues stated that the building has
existed in this location since 1952.
The church has owned the property across the street for about forty
years. There is a house on the
south side of the church that has been unoccupied for about one year. Mr. Pegues stated that they are trying
to get the cars off the street to reduce the congestion.
Comments and
Questions:
Mr.
Dunham noted that the last request for a variance to allow parking on another
lot is really a special exception.
Interested
Parties:
There
were no interested parties who wished to speak.
Board
Action:
On
Motion of Dunham, the Board voted 4-0-0 (White, Dunham, Turnbo,
Cooper "aye", no "nays", no "abstentions", Perkins "absent") to Approve a
Special
Exception to permit a church and
accessory uses (parking lot) in an RS-3 zoned district; a Variance
of requirement that a church in an R district have a minimum lot area of one
acre and lot width of 100; a Variance of screening requirement
from R district on south side only, on condition that if the adjacent property
on the south becomes occupied as a single-family dwelling, that the screening
requirement will be required, finding it is not a single-family use now; and a
Special Exception to allow required parking to be located on
another lot than the principal use, with condition of a tie-agreement of the
church properties on the east and west sides of Quaker, on the following
described property:
Beg. at a point 25.00 S of the NE/c NW/4 SW/4 NW/4, Section 30, T-20-N, R-13-E; thence W 145.90 to a point; thence S 120.00 to a point; thence E 145.90 to a point; thence N 120.00 to the POB, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception to allow outdoor recreation activities in an AG
district. SECTION 301. PRINCIPAL USES PERMITTED IN THE
AGRICULTURE DISTRICT Use Unit 20; and a Variance of paved parking
requirement. SECTION 1303.D. DESIGN STANDARDS FOR OFF-STREET PARKING
AREAS, located N of NE/c E. 41st St. & 177th E.
Ave.
Presentation:
Larry Wagoner, 2 W. 6th, Ste. 420, stated he was
representing the applicant, Antonio Mora.
He submitted a site plan and photographs (Exhibits C-1, C-2). He described their plans to have horse
shows, horse training, and outdoor competitions, with the anticipation of 25 to
30 vehicles at a time. There are
horse stables toward the back.
Comments and
Questions:
Mr.
White asked if this was for a commercial establishment or a club, or other. Mr. Wagoner replied that it was not for
commercial, just for family members and friends. Mr. Beach asked for clarification since
the application was filed for a Use Unit 20, which is for commercial outdoor
recreation activities. It also
included public restrooms, horse competitions, live band, sale of beer and food,
show horses, horse stables, and parking on grass, with intentions to build an
arena. Mr. Wagoner asked for Mrs.
Mora to come and answer the questions.
Sandra Mora, 2634 Archer St., explained that they want to do horse
competition, horse training, have a live band, sell beer, stable horses, provide
public restrooms. Mr. White asked
if this was commercial. Mrs. Mora
replied that it was not commercial.
Mr. Dunham asked to whom they would sell beer. She replied to people that would
attend. Mr. White informed her that
is commercial. Mr. White asked if
they would be charging admission.
Mrs. Mora replied in the affirmative.
Mr.
Wagoner showed a photograph (see Exhibit C-2) of the stables and stated they
have been built with a permit. He
informed the Board that they are renting out the stables currently.
Interested
Parties:
Craig
Belew, 3811
S. 177th E. Ave., asked if anything that was presented would be used
to grant the commercial request. He
submitted letters and petition of those protesting (Exhibit C-3).
Larry
Johnson, 2535
E. 21st St., submitted a
beer license application and copy of Code ordinances (Exhibit C-4) was submitted
to the Board.
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 allow outdoor recreation
activities in an AG district; and a Variance of paved parking
requirement, on the property described as follows:
SW/4 SW/4 Section 24, T-19-N, R-14-E, City of Tulsa, Tulsa County, State
of Oklahoma, less and except the N 300.00 of the S 767.00 of the W 767.00 and
less and except the S 467.00 thereof.
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Action
Requested:
Variance of the required 20 rear setback to 11 6 for a new addition to
existing structure. SECTION
403. BULK AND AREA REQUIREMENTS IN
THE RESIDENTIAL DISTRICTS Use Unit 6, located 701 N.
Denver.
Presentation:
John Phillips, 701 N. Denver, stated he purchased the house about
four months ago. He had planned to
build an addition to bring it up to a normal standard of living. It is in the Brady Heights Historical
District, and he wants to preserve the historical characteristics. He submitted a letter of support
(Exhibit D-2) from Emily Warner to the Board. He also mentioned the letter of support
(Exhibit D-1) from the Historical Preservation Commission to Jay
Stump.
Comments and
Questions:
Mr.
White clarified that the legal description for this property was valid in
1971.
Interested
Parties:
There
were no interested parties who wished to speak.
Board
Action:
On
Motion of Dunham, the Board voted 4-0-0 (White, Dunham, Turnbo,
Cooper "aye", no "nays", no "abstentions", Perkins "absent") to
APPROVE a Variance of the required 20 rear setback to 11 6 for a new
addition to existing structure, finding the hardship to be the size of the lot,
and it will be an improvement to the neighborhood, on the following described
property:
W 80.00 Lot 7, Block 6, Brady Heights, City of Tulsa, Tulsa County,
State of Oklahoma.
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Action
Requested:
Variance reducing the off-street parking spaces required under Section
1211 of the Tulsa Zoning Code from 84 spaces to 60 spaces, including 57 standard
spaces and 3 bus parking spaces, subject to the condition that no educational
programs shall be provided at the Junior Achievement facility for any student
more than 14 years of age. SECTION
1211. USE UNIT 11. OFFICES, STUDIOS, AND SUPPORT SERVICES
Use Unit 11, located E side of S. 103rd E. Ave., N of E.
41st St.
Presentation:
Charles Norman, stated he was representing Junior Achievement of
Tulsa. He informed the Board that
this would provide for the first time a significant facility in this area. The organization is dedicated to
teaching basic economics to young people in preparation for life under
capitalism. The students will be
under driving age, therefore will be transported by buses, and will not require
as much parking space available.
Mr. Norman submitted a site plan (Exhibit E-1). He was willing to accept the condition
suggested by staff to limit the educational program to students 14 years of age
and younger.
Interested
Parties:
There
were no interested parties who wished to speak.
Board
Action:
On
Motion of Dunham, the Board voted 4-0-0 (White, Dunham, Turnbo,
Cooper "aye", no "nays", no "abstentions", Perkins "absent") to
APPROVE a Variance reducing the off-street parking
spaces required under Section 1211 of the Tulsa Zoning Code from 84 spaces to 60
spaces, including 57 standard spaces and 3 bus parking spaces, subject to the
condition that no educational programs shall be provided at the Junior
Achievement facility for any student more than 14 years of age, per plan,
finding the parking requirement for office use would work a hardship for this
use, on the following described property:
A tract of land that is a part of Lot 1, Block 2, Bishop Acres, an addition within the City of Tulsa, Tulsa County, State of Oklahoma, being more particularly described as follows: Beg. at the most westerly corner of Lot 1; thence N 62Ί2832 E of the Wly line of Lot 1, for a distance of 25.05 to a point of curvature; thence continuing along said Wly line along a 375.00 radius curve to the left, having a central angle of 29Ί3000, for an arc distance of 193.08 to a point of compound curvature; thence continuing along the Wly line along a 1000.00 radius curve to the left, having a central angle of 1Ί5409, for an arc distance of 33.21 to a point; thence S 55Ί2029 E for a distance of 108.81 to a point; thence S 41Ί1618 E for a distance of 224.64 to a point on the Ely line of Lot 1; thence S 31Ί2624 W along said Ely line, for a distance of 330.55 to a point; thence due W along the Sly line of Lot 1, for a distance of 88.16 to a point; thence along the Wly line of Lot 1 NWly along a 675.00 radius curve to the left, having an initial tangent bearing of N 13Ί5536 W, a central angle of 13Ί3552, for an arc distance of 160.20 to a point of tangency; thence continuing along said Wly line N 27Ί3128 W, for a distance of 219.97 to the POB.
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Action
Requested:
Special Exception for church related outdoor activities on October 20 and
21, 2001. SECTION 301. PRINCIPAL USES PERMITTED IN THE
AGRICULTURE DISTRICT Use Unit 2; and a Special Exception to allow parking on
lot other than Use Unit 2 lot.
SECTION 1303.F.4. DESIGN
STANDARDS FOR OFF-STREET PARKING AREAS, located 6767 S.
Mingo.
Presentation:
Steve Area, 5838 S. Sheridan, stated he was representing Asbury
United Methodist Church. He stated
they request these special exceptions for an outdoor concert, and campout on
their property.
Interested
Parties:
There
were no interested parties who wished to speak.
Board
Action:
On
Motion of Dunham, the Board voted 4-0-0 (White, Dunham, Turnbo,
Cooper "aye", no "nays", no "abstentions", Perkins "absent") to
APPROVE a Special
Exception for church related
outdoor activities on October 20 and 21, 2001; and a Special
Exception to allow parking on lot other than Use Unit 2 lot, with the
conditions provided by the applicant: Saturday activities during the hours of
4:00 p.m. to 10:00 and Sunday activities 6:30 a.m. to 10:00 a.m., including a
concert and sunrise service, and 100 campsites; restrictions include no alcohol,
no smoking, no firearms, no fireworks, and no campfires, on the following
described property:
NW/4 SW/4 Section 6, T-18-N, R-14-E, City of Tulsa, Tulsa County, State
of Oklahoma.
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There
being no further business, the meeting was adjourned at 2:52
p.m.
Date approved:______________________
__________________________________
Chair
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