CITY BOARD OF ADJUSTMENT
Tuesday,
April 23, 2002, 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
|
|
|
White,
Chair |
|
|
|
The notice and agenda of said meeting was posted in the Office of INCOG, 201 W. 5th St., Suite 600, on Friday, April 19, 2002, at 2:02 a.m., as well as at the City Clerk’s office, City Hall.
After declaring a quorum present, Chair, White called the meeting to order at 1:00 p.m.
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Mr. Jim Beach
read the rules and procedures for the Board of Adjustment Public
Hearing.
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Action
Requested:
Variance to allow outside, open-air storage and display of merchandise for sale within 300’ of an R zoned district. SECTION 1214.C.1.d. USE UNIT 14. SHOPPING GOODS AND SERVICES, Use Conditions; and a Special Exception for open air activities – other sales of merchandise. SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL DISTRICTS – Use Unit 14 / 2, located 536 S. Sheridan.
Mr. Beach stated the case was continued to this meeting from a previous meeting. The applicant has withdrawn the application, regarding the following described property:
E 85’ S 152.5’ less E 15’ for street, Block 29, Glenhaven, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Variance to exceed permitted height to the top of the top plate from 10’ to 14’7½” and to exceed total height permitted from 18’ to 23’10½” for a detached accessory building in an RS-1 district. SECTION 210.B.5.a. YARDS, Permitted Obstructions in Required Yards – Use Unit 6, located 3125 S. Columbia.
Mr.
Beach informed the Board that the applicant has withdrawn this case, for the
following described property:
Lot 4, Block 1, The Trees, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Variance of required side yard from
10’ to 5’ in an RS-2 district.
SECTION 403.B. BULK AND AREA REQUIREMENTS IN THE RESIDENTIAL DISTRICTS,
Bulk and Area Requirements in the RMH District – Use Unit 6, located S of SE/c
E. 23rd St. & S. Columbia Ave.
Mr.
Beach stated this application has been withdrawn for the following described
property:
Lot 4, Block 2, Quinlan Addition, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception for a bed and breakfast inn, one guest room over garage. SECTION 401. PRINCIPAL USES PERMITTED IN THE RESIDENTIAL DISTRICTS – Use Unit 2, located 1639 South Cheyenne.
Mr.
Beach stated that Tracy Horner Shears submitted a request from the Riverview
Neighborhood Association for a continuance of Case 19338 for thirty days
(Exhibit E-1). She stated
that the neighborhood association has not had a chance to meet with the
applicant to negotiate agreeable terms of the business operation. She invites the applicant to attend one
of two of their regularly scheduled executive board
meetings.
Mr.
White asked the applicant to respond.
Stephen
Collinson,
1639 S. Cheyenne, stated he has not spoken with a board member of the
neighborhood association because they have not had a scheduled meeting since he
made the application. He stated
that he thought if they had concerns they would have contacted him.
Mr.
White discussed the request for continuance with the Board and announced they
would hear it in the normal sequence on the agenda.
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MINUTES:
On MOTION of Cooper, the Board voted 4-0-0
(White, Dunham, Turnbo, Cooper "aye", no "nays", no "abstentions", Perkins
“absent”) to APPROVE the
Minutes of April 9, 2002 (No.839).
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Action
Requested:
Special Exception to permit existing construction company uses in CS district. SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL DISTRICTS – Use Unit 15; a Special Exception to permit Building Contract Construction Services, Use Unit 25, in a CH district, including but not limited to heavy construction equipment/storage parking. SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL DISTRICTS – Use Unit 25; and a Variance to allow Use Unit 25 uses to be conducted outside (not in a building) on CH property within 300’ of residential property. SECTION 1225.C.1. USE UNIT 25. LIGHT MANUFACTURING AND INDUSTRY, located 401 S. Memorial.
Presentation:
Kevin Coutant, 320 S. Boston, stated he was representing the
owners of the property Arthur and Cathy Couch. He stated they are trying to bring
the zoning status of the property into conformity with the current use. A general utility contractor company has
used the property since 1959. In
1995 the Board gave a limited term special exception to permit the existing use
of a construction company in a CS district. Neighbors made complaints regarding the
outside storage. The company needs
outside storage. This case was
continued to this hearing to give the applicant time to work through issues with
the neighborhood. The company has
cleaned up the property in the OL district; the equipment and materials were
moved to the CH area; and a berm of six to eight feet was placed to separate and
screen the area. The
neighborhood indicated satisfaction in the changes. The company would like to extend the
berm instead of a fence to complete the screening, which is favorable to the
neighborhood also.
Comments and
Questions:
Mr.
White asked if there would be anything on the OL property. Mr. Coutant replied the OL would be
clear open field, with no storage.
Mr. Boulden asked if permits were obtained for the earth moving and if
the changes have affected flooding in the area. Mr. Coutant did not know about the
permitting issue, but would accept such conditions. Mr. Boulden commented that if the Board
required berms they would need to be approved by the Public Works
Department. Mr. Boulden asked if
there is a clear demarcation so that outside storage does not spill over into
the OL district again. Mr. Coutant
replied that there isn’t currently, but there is a post that would identify one
corner. Mr. Boulden suggested a
fence and/or sign to define the separation.
Interested
Parties:
Tom
Hutchinson,
8345 E. 85th Pl., stated he and his wife were supportive of the
application since meeting with the applicant and seeing the corrections they
have made. He submitted a letter in
favor (Exhibit A-2) of the application.
He complimented the new berm, iron fence and landscaping.
Comments
and Questions:
Mr.
Boulden asked if Mr. Hutchinson has noticed if the berm has affected the
drainage with the recent rain. Mr.
Hutchinson responded that he checked on the water flow during the rain and found
no interference with the drainage at all. Mr. Boulden asked if he would be
able to see materials stored on the office property from the street. Mr. Hutchinson replied in the
affirmative.
Mr.
White announced that Mr. Cooper would abstain from Case No.
19314.
Board
Action:
On
MOTION
of Dunham,
the Board voted 3-0-1 (White, Dunham, Turnbo, "aye"; no "nays"; Cooper
"abstained"; Perkins “absent”) to APPROVE
a
Special Exception to
permit existing construction company uses in CS district; a Special
Exception to permit Building Contract Construction Services, Use Unit
25, in a CH district, including but not limited to heavy construction
equipment/storage parking; and a Variance to allow Use Unit 25
uses to be conducted outside (not in a building) on CH property within 300’ of
residential property, finding it will not cause substantial detriment to the
public good or impair the purposes, spirit, and intent of the Code, or
Comprehensive Plan, subject to maintenance and continuation of the berm
along the south OL property line that would run the distance of the CH property
and turn back to the north and tie into the east line of the CH property, and
some marking along the south property line of the CH property to depict the
boundary that would be visible to the neighborhood, and no storage or activities
relating to the construction company be conducted in the OL district, on the
following described property:
A tract of land in the NW/4 of Section 1, T-19-N, R-13-E, of the IBM, being more particularly described as follows, to-wit: Starting at a point 627.40’ E and 30’ N of the SW/c NW/4 of said Section 1; thence N 0°19’19” W a distance of 180.00’ to the POB; thence continuing N 0°19’19” W a distance of 276.00’; thence N 89°38’42” E a distance of 699.31’; thence S 0°19’19” E a distance of 276.00’; S 89°38’42” W a distance of 699.31’ to the POB, AND a tract of land in the NW/4 of Section 1, T-19-N, R-13-E of the IBM, being more particularly described as follows, to-wit: Beg. 210.00’ N SW/c NW/4 of Section 1, T-19-N, R-13-E of the IBM; thence N 276.00’; thence E 627.40’; thence S 276.00’; thence W 627.40’; to the POB, all in the City of Tulsa, Tulsa County, Oklahoma.
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Action
Requested:
Variance of required setback from a public street from 50’ to 42’ from centerline along North Greenwood Place. SECTIONS 403 AND 703. BULK AND AREA REQUIREMENTS IN THE RESIDENTIAL AND COMMERCIAL DISTRICTS – Use Unit 5; a Variance of required setback from a public street from 50’ to 24’11” from centerline along North Hartford Avenue. SECTION 403. BULK AND AREA REQUIREMENTS IN THE RESIDENTIAL DISTRICTS – Use Unit 5; a Variance of required setback from a public street from 50’ to 42’ from centerline along East Pine. SECTION 703. BULK AND AREA REQUIREMENTS IN THE COMMERCIAL DISTRICTS – Use Unit 5; a Special Exception to permit Use Unit 5, Library, in an RS-3 and CS zoned districts. SECTIONS 401 AND 701. PRINCIPAL USES PERMITTED IN THE RESIDENTIAL AND COMMERCIAL DISTRICTS – Use Unit 5; and a Variance to allow required parking on a lot other than the lot containing the primary use. SECTION 1301.D. OFF-STREET PARKING AND OFF-STREET LOADING; GENERAL REQUIREMENTS, located 1520 North Hartford.
Presentation:
Nathan Koch, 324 E. 3rd, stated he is with Olsen Coffey
Architects, representing Tulsa City/County Library System. They propose to remodel this existing
library. The storm sewer easement
runs under this building. The sewer
is not under the building but very close.
The plans were prepared with this hardship in mind. The majority of the work is on the
interior. A site plan (Exhibit B-1)
was provided.
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
required setback from a public street from 50’ to 42’ from centerline along
North Greenwood Place; a Variance of required setback from a
public street from 50’ to 24’11” from centerline along North Hartford Avenue; a
Variance of required setback from a public street from 50’ to 42’
from centerline along East Pine; a Special Exception to permit Use
Unit 5, Library, in an RS-3 and CS zoned districts; and a Variance
to allow required parking on a lot other than the lot containing the primary
use, with condition for a tie-agreement with the lot for parking, per plan,
finding the hardship to be the existing storm sewer, the parking will be close
by, and 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:
All of Lots 1, 2, and 3 and the Nly 220.00’ of Lots 4 and 5, Block 6, Dunbar Addition, City of Tulsa, Tulsa County, State of Oklahoma; and part of Lot 1, Block 9, Roosevelt Addition, and more particularly described as Beg. at the NW/c of said Lot 1, thence S along the W line to the SW/c of said Lot 1, thence E along the S line for a distance of 10.00’ thence NEly, on a straight line to a point on the N line of said Lot 1, located 14.48’ E of the NW/c of Lot 1, thence W on the N line to the NW/c of said Lot 1 and the POB, and all of Lots 2, 3 and 4 and the Nly 110.00’ of Lot 5, Block 9, Roosevelt Addition; and part of Lot 9, Block 8, Roosevelt Addition, and more particularly described as Beg. at the NW/c of said Lot 9, thence S on the W line to the SW/c, thence E on the S line for a distance of 15.52’ thence NEly on a straight line to a point on the N line of said Lot 9, located 20.00’ E of the NW/c thence W on the N line to the NW/c of said Lot 9 and the POB and all of Lots 6, 7 and 8, Block 8, Roosevelt Addition.
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Action
Requested:
Variance of the requirement for 30’ of frontage on a public street or
dedicated right-of-way to 0’ for two lots to be created by a lot-split. SECTION 206. STREET FRONTAGE REQUIRED,
located 4021 East 104th Street South.
Presentation:
Robert M. Miles, 4016 E. 104th St. S., submitted a plat
of survey (Exhibit C-1). He
proposes to split off the west two parcels. The neighbor has an existing driveway
crossing one of the parcels. Mr.
Miles stated he has designated a road/utility easement. The right-of-way exists but the
roadway stops about midway through Tract 1. He proposes to use the existing driveway
for Tract 2, also.
Comments and
Questions:
Mr.
White questioned the need for the additional right-of-way. Mr. Beach responded there is no actual
physical public street and because of the surrounding development, there is no
place to extend the street. Mr.
Beach suggested the easement be written to give access to all three pieces of
property filed of record.
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 requirement for 30’ of
frontage on a public street or dedicated right-of-way to 0’ for two lots to be
created by a lot-split, subject to a mutual access and utility easement filed of
record along the existing driveway for the benefits of Tracts 1, 2 and 3,
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 property
described as follows:
A part of the N/2 SE NW, Beg. at the NE/c of N/2 SE NW; thence W 391.93’ S 306.5’; E 391.89’ to E line of N/2 SE NW; N 306.40’ to POB, Section 28, T-18-N, R-13-E, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception to allow five portable units (manufactured buildings)
for two years for classrooms SECTION 901. PRINCIPAL USES PERMITTED IN INDUSTRIAL
DISTRICTS – Use Unit 5; and a Approval of an amended site plan to include locker
rooms at the football stadium. SECTION 901. PRINCIPAL USES PERMITTED IN
INDUSTRIAL DISTRICTS – Use Unit 5, located NE/c E. Latimer and N.
129th East Ave.
Presentation:
Mike Lowery, 1619 S. Boston, stated he is an architect in
partnership with Wallace O. Wozencraft.
The church proposes to place portable units for classrooms for two years
and the addition of locker rooms in an amended site plan (Exhibit D-1).
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 allow five portable
units (manufactured buildings) for two years for classrooms; and a Approval of
an amended site plan to include locker rooms at the football stadium, per
amended site plan, on the following described property:
Lot 2, Block 1, Trinity Park Resubdivision, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception to allow a manufactured home in an RM-2 district; a
Special Exception to extend the time limit; and a Variance to allow two
dwellings on one lot, located 5123 West 11th
Street.
Presentation:
Cynthia Nail, 5521 E. Newton Pl., proposes to place a 16’ x 80’
manufactured home on the back of the subject property. The property belongs to her
mother-in-law. She informed the
Board that 10th Street does not actually go through.
Comments and
Questions:
Mr.
White questioned Ms. Nail regarding splitting the lots. Ms. Nail responded that they thought it
would be easier and cheaper to do it according to the plan they submitted. Mr. Dunham noted that 10th
Street on the site plan is labeled the south property line, but for the record
it is the north property line. Mr. Dunham asked if the home was new or
used. She replied that she bought
it new in 1998.
Interested
Parties:
Weldon Brewer,
5144 W. 10th, stated his opposition to the application. He felt that a mobile home is not
appropriate in the neighborhood among 60 to 70 year old stick-built homes. He was concerned that it would set a
precedent.
Shirley
Nail,
stated she owns the property. She
informed the Board there are already mobile homes in the area, and recently one
was approved and placed on
12th Street.
Applicant’s
Rebuttal:
Ms.
Nail stated she is also opposed to run-down mobile homes. She stated her interest in bettering her
family by owning their own property in a better
neighborhood.
Comments
and Questions:
Mr.
Boulden asked for a hardship.
Mr. Dunham noted that this lot is deeper than the other lots nearby that
were the same size and have been split into two lots.
Board
Action:
On
MOTION of Cooper, the Board voted 4-0-0 (White, Dunham, Turnbo,
Cooper "aye"; no "nays"; no "abstentions"; Perkins “absent”) to
DENY a Special Exception to allow a manufactured
home in an RM-2 district; a Special Exception to extend the time
limit; and a Variance to allow two dwellings on one lot, finding a
lack of hardship, and finding it would 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, Block 8, Vern Subdivision Amended, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception for a bed and breakfast inn, one guest room over garage. SECTION 401. PRINCIPAL USES PERMITTED IN THE RESIDENTIAL DISTRICTS – Use Unit 2, located 1639 South Cheyenne.
Presentation:
Stephen Collinson, 1639 S.
Cheyenne, stated that he has spoken with Ms. Pound with the Oakwood Condominium
Association; and he would be willing to have his case continued per Ms. Shears
request to deal with the issues.
Board
Action:
On
MOTION of Dunham, the Board voted 4-0-0 (White, Dunham, Turnbo,
Cooper "aye"; no "nays"; no "abstentions"; Perkins “absent”) to
CONTINUE Case No. 19338 to the meeting on May 28, 2002.
Lot 10, Block 9, Stonebraker Heights, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception for an addition to an existing public park to include a
sensory and children’s gardens, deck for demonstration purpose, water feature
and concrete walk, located East 25th Street and South
Rockford.
Presentation:
Greg Warren, stated he is the Data Resource Manager for the Tulsa
Park and Recreation Department.
He stated the request for a special exception in Woodward Park in the
garden center. A site plan (Exhibit
F-1) was provided
Comments and
Questions:
Mr.
Dunham asked about screening plans on the east boundary. Mr. Warren replied that they screened
the parking lot to the south of the visitors’ center and back to the south to
screen the residence, as agreed in the previous Board action. Mr. Dunham asked if there was screening
fence along the east boundary line.
Mr. Warren replied there is no screening on the east. Mr. Cooper asked about the proposed
hours of use for the facility. Mr.
Warren stated 8:00 a.m. to 10:00 p.m., Monday through
Sunday.
Interested
Parties:
Jill
Tarbell,
3111 S. Madison, stated she was in favor of the application for the small
children’s garden, handicap accessibility, and water feature.
Joe
Van Hook,
16125 E. 460 Rd, Claremore, Oklahoma, stated he is a volunteer in the children’s
program. He feels that giving
children experience in horticulture provides early learning in life’s
lessons. He felt this facility is
an asset to the City of Tulsa. He
submitted a packet of information (Exhibit F-3) to the Board.
Mr.
White out at 2:25 p.m
He
added that the barn meets the practical needs of the facility. Mr. Van Hook stated that if the
operating hours have to stop at 4:00 p.m. that would eliminate the most
productive hours for the use of the barn, for classes.
Comments
and Questions:
Mr.
White returned at 2:27 p.m.
Interested
Parties:
Marty
Hearn,
5508 W. Orlando Circle, Broken Arrow, Oklahoma, stated that the sensory garden
is for the experience of using all of the senses. Ms. Turnbo asked if the children get in
the water. Ms. Hearn responded that
it is small and not for the children to get into the water.
Mr.
Dunham out at 2:30 p.m.
Mary
Athens,
1537 E. 27th St., stated the original plans for the barn were to be
an office for use in the daytime and a meeting place in the evening.
Steve
McCurley,
1214 S. Urbana Ave., stated he is currently the treasurer of the Tulsa Garden
Center. He stated that the Garden
Center is a non-profit organization.
They have had an agreement since 1954 with the City of Tulsa, renewed in
1984, 1999, and amended in 2000, including the barn. They have worked well with the City and
neighbors regarding improvements to the grounds and facilities.
Comments
and Questions:
Ms.
Turnbo asked the plans for the use of the barn in the evenings.
Mary
Warner,
3168 S. Rockford Dr., replied that the barn is to be used for meetings in the
evening. It is only one large room,
with no other facilities. There
have been only two committee meetings, and no other requests to reserve the
barn. She stated that she would
like to speak for herself, and many volunteers and citizens in favor of the
facility.
Bonnie
Hammond,
2858 E. 32nd Pl., stated she is the Executive Director of the Tulsa
Garden Center. She informed the
Board that they are amenable to construct a fence on the eastern perimeter. She stated that the general
operating hours are 7:00 a.m. to 4:00 p.m. to be the same as the garden center
building when staff would be in the office.
Mr.
Dunham returned at 2:34 p.m.
The
activities for evenings are classes of 8 to 24 people, usually on Tuesday and
Thursday evenings. The classes have
to do with horticulture, environmental and gardening. She added that any future classes would
be limited primarily to weekday evenings, Saturday mornings, with an occasional
class on Sunday afternoons.
Lloyd
Bruce,
1507 E. 24th Pl., submitted photographs (Exhibit F-5). He stated that they promised to install
an 8’ privacy fence but they built a 6’ fence and he can see the top of the
maintenance building and the large equipment. He expressed concern that if this
application is approved they would also have to see unkempt gardens as
well. He asked the Board to deny
the request so the park can re-plan the gardens to have a positive affect on the
neighborhood rather than a negative one.
Comments
and Questions:
Mr.
White asked if an eight-foot fence extended across the 24th Place
right-of-way would take care of the screening problem. Mr. Bruce replied that an eight-foot
fence would take care of the screening problem.
Interested
Parties:
Dave Collins, 1506 E. 24th Pl., stated he is the President of the Neighbors of Woodward Park Neighborhood Association. He stated the association opposes the application. He informed the Board that the neighbors worked with the Parks Department over two years ago regarding the conversion of the maintenance barn to a volunteer center. After several months of planning and negotiation it was unanimously decided that the volunteer center would serve garden club affiliates only, the hours of operation would be 7:00 a.m. to 4:00 p.m., Monday through Saturday, and no plant sales would occur out of this structure or on the grounds around it. He called the Board’s attention to (Exhibit F-2). He stated they were given detailed plans showing the removal of a section of 24th Place, which would eliminate addit