CITY BOARD OF ADJUSTMENT
Tuesday, November 13, 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 Perkins |
|
Butler |
|
|
White, Chair |
|
|
|
The notice and agenda of said meeting was posted in the Office of INCOG, 201 W. 5th St., Suite 600, on Wednesday, November 7, 2001, at 12:06 p.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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Action Requested:
Special Exception of the required 110%
setback from an O zoned district from 110 to 76 on the north and 350 on
the east for a monopole cell tower 100 in height, located NE/c E. 21st
St. & S. Columbia.
Presentation:
Mr. Beach
announced that the applicant, Dan Sullivan, requested a
continuance.
Board
Action:
On MOTION of Dunham, the
Board voted 4-0-0 (White, Dunham, Perkins, Cooper "aye"; no
"nays"; no "abstentions"; Turnbo "absent") to CONTINUE
Case No. 19232 to the meeting on November 27, 2001.
Action Requested:
Special Exception to permit cellular telephone antennae and supporting structure to be affixed to an existing electrical utility monopole 75 in height extending the height of the supporting structure to 82 with antennae extending 3 above the supporting structure; a Special Exception to delete the requirement of security fencing of the cellular telephone tower; and a Special Exception to modify the setback of the cellular telephone tower from residentially zoned lots from 91.5 to 42.
Presentation:
Mr. Beach announced that the notice was flawed and a notice on Case No. 19240 for November 27, 2001 has been sent out and the case could be stricken from the agenda.
Action
Requested:
Approval of an amended site plan to
relocate manufactured home in an AG zoned district.
Presentation:
Mr. Beach announced that Case No. 19229 was withdrawn.
MINUTES:
On MOTION
of Cooper, the Board voted 4-0-0 (White, Dunham, Perkins, Cooper
"aye", no "nays", no "abstentions", Turnbo
"absent") to APPROVE
the Minutes of October 9, 2001 (No.828).
On MOTION
of Cooper, the Board voted 4-0-0 (White, Dunham, Perkins, Cooper
"aye", no "nays", no "abstentions", Turnbo
"absent") to APPROVE
the Minutes of October 23, 2001 (No.829).
Action Requested:
Request for
refund.
Presentation:
Mr. Beach stated that staff recommends
a $175.00 refund based on the fact that time and resources had been spent,
between the time the case was filed and the withdrawal request.
Board
Action:
On MOTION of Dunham, the Board voted 4-0-0 (White,
Dunham, Perkins, Cooper "aye"; no "nays"; no
"abstentions"; Turnbo "absent") to APPROVE a partial refund of $175.00.
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Action Requested:
Variance of minimum required front yard setback of
35 down to 25. SECTION 403. BULK AND AREA REQUIREMENTS IN THE
RESIDENTIAL DISTRICTS; a Variance of
rear yard setback of 25 down to 22.
SECTION 403. BULK AND AREA
REQUIREMENTS IN THE RESIDENTIAL DISTRICTS; a Special Exception to permit a 6
wall in the required front yard.
SECTION 210.B. YARDS, Permitted Obstructions in Required Yards Use
Unit 6, located 3406 S. Delaware.
Presentation:
Juliana Hakman, 2230 E. 37th,
stated they propose to build additions to their home and to switch the front
and back yards. They are trying to
avoid cutting down large trees in the yard.
She explained there has been an extenuating delay in the building plans. She pointed out the setback variance
requested to build a wall, and the corner of the garage that encroaches on the
setback line. They also desire to build
a wall in the front yard of six feet in height instead of 4 feet.
Comments
and Questions:
Mr. White asked if Ms. Hakman had
spoken with any of the neighbors about this application. She replied that she has spoken with several
people. She indicated that the
opposition was to the delay in the project rather than the project itself. Ms. Perkins asked for a projected
timetable. She responded it should take
about six months.
Interested
Parties:
Jane Jergins, 3303 S. Delaware, stated her
opposition to this application. She
pointed out that a four to six-foot wall would obstruct the view of a three-way
intersection at 34th St. and Delaware. She stated there has never been a car accident at this
intersection and she believes it is because of the good visibility. She indicated the wall would not be in
keeping with the neighborhood with large lots and no walls. She mentioned that the applicant plans to
put in a pool in the front yard and there is not enough room for it. She stated that all of the neighbors within
300 of the subject property are opposed to the wall with concern for safety at
the intersection.
Comments and Questions:
There
was much discussion with the Board regarding which yards are front or back and
the setback measurements.
Interested
Parties:
Rod Baker, 3424 S. Delaware, stated that
the applicant has to show hardships and she has only shown self-imposed
hardships.
Steve
Bradshaw, 2675 E. 33rd Pl., submitted petitions with signatures
(Exhibits A-5). He stated that the
subject lot is about three feet above the street level. He repeated objection to a wall that would
obstruct the view for traffic.
Philip Teeter, 3450 S. Delaware, stated this
application is not allowed by the covenants.
Mr. White informed him that the Board does not deal with matters of
covenant, that is a civil matter for court.
Tim Nelson, 2735 E. 34th, stated
he is opposed to a pool in the front yard.
He spoke his objection to the wall for privacy at a pool.
Applicants
Rebuttal:
Ms.
Hakman responded that this is the first time she has heard any objection to the
proposed wall, even though she has talked with Ms. Jergins and others
before. She stated that they have taken
the neighborhood into consideration and they rejected the original plans for
the wall because it would have been too far out and obstruct the view for
traffic. The way the house was built
does not give a clear front or back yard.
She stated that the hardships are caused by the situation of the
existing structure on the property.
Comments
and Questions:
Mr.
White tried to determine the placement of the wall, the location of the
proposed pool, the space around the pool.
Ms. Hakman could not answer specifically. Mr. Beach reminded the Board that pools are not allowed in the
front yard, and she is not advertised for relief from that requirement. The Board discussed the options and
requirements for front yard, rear yard and side yard per the Zoning Code. Mr. Beach informed the Board that the case
was advertised properly. He added that
the only thing missing was the pool and he was not informed of the pool.
Councilor Brady Pringle asked
to speak. He indicated that Interested
Parties want a continuance. He
mentioned that he has received numerous calls regarding this property because
of the delay in construction. He added
that he used to live in the neighborhood.
He stated that common sense indicates 34th Street is the
front of the house. He realized that
the address has been changed.
Board
Action:
On MOTION of Dunham, the Board voted 4-0-0 (White,
Dunham, Perkins, Cooper "aye"; no "nays"; no
"abstentions"; Turnbo "absent") to APPROVE a Variance of
minimum required front yard setback of 35 down to 25 from the property line;
a Variance of rear yard setback of 25 down to 22, strictly for the corner of
the garage, per plan as submitted today, finding the hardship to be the
existing structure and the shape of the lot; and to DENY a Special
Exception to permit a 6 wall in the required front yard, finding 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,
on the following described property:
Lot 1, Block 7, Timberland, City of Tulsa, Tulsa County, State of Oklahoma.
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Action Requested:
Special Exception for church and church
accessory uses. SECTION 401. PRINCIPAL USES PERMITTED IN RESIDENTIAL DISTRICTS
Use Unit 5, located SW/c W. 39th St. & 28th W. Ave.
Presentation:
Byron Salsman, 2618 W. 45th
St., stated he was representing the Redfork Baptist Church as the architect and
as a member. He stated that the church
owns the south forty feet of Lot 2, and recently purchased the balance of Lot 2
and Lot 1. They propose to build a bus
barn. They plan to use the existing
house on the property for temporary storage during construction. They are removing some smaller existing
structures. They plan to keep the 12 x
12 existing storage building and the structure in the southwest corner. A site plan (Exhibit B-1) was submitted to
the Board.
Comments
and Questions:
Mr. Cooper asked if any of the property
would be used for parking. Mr. Salsman
replied that it would not be used for parking as they already have adequate
paved parking. Mr. Beach informed the
Board that a tie-agreement would be recommended to prevent a bus barn from
being a separate principle use. Mr.
Salsman stated they would be in favor of the tie-agreement.
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, Perkins, Cooper "aye", no "nays", no
"abstentions", Turnbo "absent") to APPROVE a Special Exception for church and church accessory uses, per plan, conditioned
upon a tie-agreement between the subject property and the church property, on
the following described property:
Lot 1 - 2, Block 39, Red Fork, City of Tulsa, Tulsa County, State of Oklahoma.
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Action Requested:
Variance of side yard setback from 15
down to 5 in an RE district. SECTION
403.A. BULK AND AREA REQUIREMENTS IN THE RESIDENTIAL DISTRICTS, Bulk and Area
Requirements in the RE, RS, RD, RT and RM Districts Use Unit 6, located 2232
E. 26th St.
Presentation:
Bob Winchester, 2232 E. 26th
St., stated the original garage was converted to a living space. They proposed to build a garage on the
east. They have discussed it with their
neighbors. The site plan was submitted
(Exhibit I-1).
Comments
and Questions:
Mr. Dunham noted the staff have asked
for an explanation of he could not move the location south and east to connect
to the house and meet the required yard.
Mr. Winchester responded that could not be accomplished because of Crow
Creek. Mr. Cooper verified what the
applicant stated about the topography.
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, Perkins, Cooper "aye", no
"nays", no "abstentions", Turnbo "absent") to APPROVE
a Variance of side yard setback from 15 down to 5 in an RE
district, per plan, finding the hardship to be the existing setbacks of this
nature are common in this neighborhood, and the topography of the lot would
prevent locating the garage elsewhere, on the following described property:
Lot 3 and E 30.00 of Lot 4, Block 2, Forest Hills Addition, City of Tulsa, Tulsa County, State of Oklahoma.
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Action Requested:
Special Exception to permit a manufactured home in an RS-3 district. SECTION 401. PRINCIPAL USES PERMITTED IN RESIDENTIAL DISTRICTS Use Unit 9; and a Variance of the one-year time limit to permit on a permanent basis. SECTION 404. SPECIAL EXCEPTION USES IN RESIDENTIAL DISTRICTS, REQUIREMENTS, located approx. 2300 Block of N. Canton Ave.
Presentation:
Gary Linder, 12473 E. 13th
St., stated they propose to move a manufactured home on the subject
property. He submitted an amended site
plan and photographs (Exhibits C-1,2) of other manufactured homes in the
neighborhood. He has plans for a
permanent foundation, and an asbestos roof.
Comments
and Questions:
Mr. White
asked if it is a new structure, to which he replied in the affirmative.
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, Perkins, Cooper "aye", no
"nays", no "abstentions", Turnbo "absent") to APPROVE
a Special Exception to permit a manufactured home in
an RS-3 district finding 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; and a Special Exception of the
one-year time limit to permit a 100-year time limit, per the amended plan
submitted today, finding it will not cause substantial detriment to the public
good or impair the purposes, spirit, and intent of the Code, or Comprehensive
Plan, on the following described property:
Lot
3 - 4, Block 1, S. R. Lewis Addition to the Town of Dawson, now a part of the
City of Tulsa, Tulsa County, State of Oklahoma.
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Action Requested:
Variance of required yard abutting a
public street from 35 to 27 on East 41st Street. SECTION 403. BULK AND AREA REQUIREMENTS IN THE RESIDENTIAL DISTRICTS Use
Unit 6; and a Variance of required yard abutting a public street from 35 to
20 on Evanston Avenue. SECTION
403. BULK AND AREA REQUIREMENTS IN THE
RESIDENTIAL DISTRICTS, located 3944 S. Evanston Ave.
Presentation:
David Short, 3944 S. Evanston,
stated he is the owner of the home. The
permit office told him that the property is legal non-conforming. He proposes to build a porch onto the front
of the house on both sides. He stated
that the neighbors are in support of the improvement. He plans to move the driveway also. A site plan (Exhibit D-1) was submitted.
Comments
and Questions:
Mr. White verified with the applicant
where he plans to add the porch and driveway.
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, Perkins, Cooper "aye", no
"nays", no "abstentions", Turnbo "absent") to APPROVE
a Variance of required yard abutting a public street from 35 to
27 on East 41st Street; and a Variance of required
yard abutting a public street from 35 to 20 on Evanston Avenue, per plan,
finding the hardship to be the existing condition and is improving a
non-conforming situation, on the following described property:
Lot 7, Block 25, of Blocks 19-26 of the Ranch Acres Addition, City of Tulsa, Tulsa County, State of Oklahoma.
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Action Requested:
Variance of lot width from required 200 to 135 on Tract A and 100 on Tract B. SECTION 303. BULK AND AREA REQUIREMENTS IN THE AGRICULTURE DISTRICT Use Unit 6; a Variance of lot area from 2 acres to 1.89 acres on Tract A. SECTION 303. BULK AND AREA REQUIREMENTS IN THE AGRICULTURE DISTRICT; and a Variance of land area per dwelling unit from 2.2 acres to 2.0 acres on Tract A to permit a lot split. SECTION 303. BULK AND AREA REQUIREMENTS IN THE AGRICULTURE DISTRICT, located 7507 S. Elwood Pl.
Presentation:
Ruby Prince, 7507 S. Elwood,
stated she has five acres and would like to sell the back two and one-half
acres and build a roadway.
Interested
Parties:
Jack Heath, 7505 S. Elwood Ave., stated he
did not object to the application. He
did want to contest the accuracy of the new survey (Exhibit J-1). He was concerned that it infringes on his
property.
Applicants
Rebuttal:
Ms.
Prince acknowledged that the survey was not totally accurate.
Comments and Questions:
Mr. White commented that
the Board makes a decision on the legal description. Mr. Beach provided information regarding division of land for a
lot-split.
Board
Action:
On Motion of Dunham, the
Board voted 4-0-0 (White, Dunham, Perkins, Cooper "aye", no
"nays", no "abstentions", Turnbo "absent") to APPROVE
Variance of lot width from required 200
to 135 on Tract A and 100 on Tract B; a Variance of lot area
from 2 acres to 1.89 acres on Tract A; and a Variance of land
area per dwelling unit from 2.2 acres to 2.0 acres on Tract A to permit a lot
split, per survey submitted, finding the hardship to be the configuration of
the lot, on the following described property:
The S/2 S/2 N/2 SW/4 NW/4 of Section 12, T-18-N, R-12-E of
the IBM, City of Tulsa, Tulsa County, State of Oklahoma.
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Action Requested:
Special Exception to allow Use Unit 15
(to test fishing rods and reels for Zebco) in a CS zoned district. SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL DISTRICTS Use Unit 15,
located 9810 E. 42nd St. S.
Presentation:
Victor Johnson, 9726 E. 42nd
St., Ste. 100, stated he asked the marketing director to present the case. A brochure of Tech-Ridge Park (Exhibit E-1)
was submitted to the Board.
Patrick Coates, 2808 E. 27th
Pl., stated he is the Marketing Director at the park where the subject property
is located. He stated they were
discussing the possibility of Zebco moving into one of their office buildings
in Tech-Ridge Park. Zebco would be the
only tenant in the Seminole building, which backs up to the Broken Arrow
Expressway. He stated the work would
include testing rods and reels, research and development, paint booth, and 95%
general office use.
Comments
and Questions:
Mr. White questioned Mr. Beach about
the paint booth regarding Code requirements.
Mr. Beach replied that prohibition to paint booths is for automobiles in
a use unit 17. Mr. Cooper asked if all
of the 5% of the use unit 15 is indoors.
Mr. Coates informed the Board that plan to build a casting pond about
four feet deep, and 20 by 40 yards for testing the rods and reels, that would
be fenced and lighted. He stated that
they would need an overhead door
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, Perkins, Cooper "aye", no
"nays", no "abstentions", Turnbo "absent") to APPROVE
a Special Exception to allow Use Unit 15 (to test fishing rods
and reels for Zebco) in a CS zoned district, on the conditions indoor testing
will not exceed more than 20% of the building, and testing permitted on the
pond to be constructed outdoors, on the following described property:
A part of Lot 1, Block 2, Koger
Executive Center, City of Tulsa, Tulsa County, State of Oklahoma, and being
more particularly described as follows, to-wit: Beg. at the mutual property
corner of Lots 1 and 2, Block 2, Koger Executive Center; thence S 62°0500 E along the
Sly right-of-way line of East 42nd Street South, a distance of
138.46; thence along a curve to the left, with a central angle at 31°4900 and a radius
of 225.00 a distance of 124.94; to a point; thence S 08°5400 E a distance
of 83.05; thence S 39°5000 E a distance of 244.93; thence S 52°3300 W a distance
of 67.98; thence S 22°5500 W a distance of 57.00 to a point on the Sly line of
Koger Executive Center; thence N 67°0500 W, along the Sly line of Lot 1, Block 2, Koger
Executive Center, said Sly line being the Nly right-of-way line of the Broken
Arrow Expressway, to the mutual rear property corner of Lots 1 and 2, Block 2,
Koger Executive Center; thence N 22°5500 E a distance of 265.00 to the POB.
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Action Requested:
Variance of required 200 setback from
an R district to 139. SECTION
1221.C.2.c. USE UNIT 21. BUSINESS SIGNS
AND OUTDOOR ADVERTISING, General Use Conditions for Business Signs Use Unit
14, located 7712 E. 71st St.
Presentation:
Regina Amini, 7106 E. 76th,
stated she owns Aminis Galleria and they were seeking to obtain a new sign.
Mir Khezri, 1801 N. Willow Ave.,
Broken Arrow, stated there is an existing sign on the property that does not
look good.
Mr. White out at 2:50 p.m.
The owner wants to replace it with a
sign (Exhibit F-1) as submitted to the Board.
There is an electronic variable message board included on the sign. He mentioned that the residential
neighborhood would not be able to see the message board.
Mr. White returned at 2:52 p.m.
During last winter the sign requiring
manually placed letters could not be changed because the letters were frozen to
the sign.
Comments
and Questions:
Mr. Dunham asked for the height of the
sign. Mr. Khezri replied 28 tall. Mr. Dunham stated the maximum height allowed
is 25. Mr. Khezri responded that there
is an exception, stating Title 42, Section 1221.E.1, permits a height of 25,
unless the sign is setback one foot for each foot of height exceeding
25. He added that they plan to setback
the sign for the added height. He
provided a copy of a letter (Exhibit F-2) from the sign inspector to the Board. Mr. Cooper asked for the hardship. Mr. Khezri stated that the sign is located
in the largest commercial district and unfortunately has residential zoning
right across the street. He felt that
the new sign would be a great improvement over the old sign. Mr. Beach asked for the height of the wall
around the residential area. Mr. Khezri
estimated the wall to be eight feet in height.
Mr. Cooper out at 3:01 p.m. and
returned at 3:03 p.m.
Mr. Khezri explained that the
electronic sign is three feet by ten feet.
Ms. Perkins asked if the electronic sign would just have two lines or
more for messages. Mr. Khezri responded
that the only thing that would scroll is within the three by ten foot
electronic sign, and everything else is stationary.
Interested
Parties:
There were
no interested parties who wished to speak.
Board
Action:
On Motion of Dunham, the
Board voted 3-1-0 (White, Dunham, Cooper "aye", Perkins
"nay", no "abstentions", Turnbo "absent") to APPROVE
a Variance of required 200 setback from an R district to 139,
per plan, on the conditions of the sign inspectors specifications, namely that
it not exceed 202 square feet, a 66 setback from the property line, that the
area for variable message sign not exceed three feet by ten feet, 70° horizontal and 30° vertical, finding
the hardship to be that 71st St. is a unique commercial street and
the only residential property affected by this is the property to the north
with an eight foot fence around it, and the variable message board is less
square footage than the existing sign, on the following described property:
Lot 1, Block 1, Home Improvement Center Addition, City of Tulsa, Tulsa County, State of Oklahoma.
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Action Requested:
Variance of Section 403A as to the
height of a portion only of four of the eleven buildings comprising the
Palazzo-Tulsa Apartment Complex.
SECTION 403.A. BULK AND AREA REQUIREMENTS IN THE RESIDENTIAL DISTRICTS,
Bulk and Area Requirements in the RE, RS, RD, RT and RM Districts Use Unit 8,
located 660 W of NW/c E. 51st St. & 145th E. Ave.
Presentation:
William B. Jones, 15 E. 5th
St., Suite 300, stated he is the attorney for the applicant. His client bought the subject property,
planned and built the apartment complex after review and approval of the plans
by the City of Tulsa. He stated that
certificates of occupancy were issued after City of Tulsa agreed that it met
requirements of the zoning code. In
September this year the permanent lender required a zoning endorsement to the
title policy. It was discovered that
the three-story buildings exceeded the 35 height limitation for a straight
RM-1 building. The underwriter for the
title insurance company required that an application be made for a variance to
this code. Mr. Jones noted that the
other three-story apartment buildings in the city were located in a planned
unit development where the height limit is higher. He indicated that this case would not set a precedent because
there are other three-story complexes in the city that exceed 35 in height. He noted there are no single-family homes
around this property and it would not be injurious to the neighborhood. A site plan (Exhibit K-1) was submitted to
the Board.
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, Perkins, Cooper "aye", no
"nays", no "abstentions", Turnbo "absent") to APPROVE
a Variance of Section 403A as to the height of a portion only of
four of the eleven buildings comprising the Palazzo-Tulsa Apartment Complex,
per plan, finding it is the same plan approved by the City of Tulsa, and this
is a typical development for this type of project, and if there was an error
made it was probably made by the City inspection staff, on the following
described property:
Lot 1, Block 1, Palazzo-Tulsa Addition, City of Tulsa, Tulsa County, State of Oklahoma.
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Action Requested:
Special Exception to allow a Use Unit
17 (automobile rental service) in a CS zoned district. SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL DISTRICTS Use Unit 17;
and a Variance of the total required parking spaces for center to use community
parking during hours not utilized by the comedy club. SECTION 1217.D. USE UNIT 17.
AUTOMOTIVE AND ALLIED ACTIVITIES, Off-Street Parking and Loading
Requirements, located SW/c E. 69th St. S. & S. Lewis.
Presentation:
Sherry Johnson, 3301B S. Meridian, Oklahoma City, Oklahoma, stated she was representing Av