CITY BOARD OF ADJUSTMENT
Tuesday,
May 14, 2002, 1:00 p.m.
Francis
F. Campbell City Council Room
Plaza
Level of City Hall
Tulsa
Civic Center
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MEMBERS
PRESENT |
MEMBERS
ABSENT |
STAFF
PRESENT |
OTHERS
PRESENT |
|
Dunham,
Vice Chair |
|
Beach |
Boulden,
Legal |
|
Cooper Turnbo |
|
Butler
|
|
|
White,
Chair |
|
|
|
|
Perkins |
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The notice and agenda of said meeting was posted in the Office of INCOG, 201 W. 5th St., Suite 600, on Friday, May 10, 2002, at 4:15 p.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:
Special Exception to permit auto sales in a CS district. SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL
DISTRICTS – Use Unit 17; and a Variance of requirement that there be no open air
storage or display of merchandise within 300’ of adjoining R district. SECTION 1217.C. USE UNIT 17. AUTOMOTIVE AND ALLIED ACTIVITIES, Use
Conditions, located NW/c 106th E. Pl. & E. Admiral
Pl.
Presentation:
Mr. Beach informed the Board that Randall G. Gehring requested a continuance to the meeting on May 28, 2002 allowing time to meet with the neighborhood first.
Board
Action:
On
MOTION of Dunham, the Board voted 4-0-0 (White, Dunham, Turnbo,
Perkins, "aye"; no "nays"; no "abstentions"; Cooper "absent") to
CONTINUE Case No. 19349 to the meeting on May 28, 2002, regarding
the following described property:
That part of Lot 5, in Spring Grove Subdivision of Lot 2, Section 6, T-19-N, R-14-E, City of Tulsa, Tulsa County, State of Oklahoma, more particularly described as follows, to-wit: Beg. at the SE/c of the highway property line of Lot 5; thence W along the highway property line 165’ to a point; thence N 125’ parallel to the E line of Lot 5 to a point; thence E 165’ parallel to the S line of the highway property line to a point on the E line of Lot 5; thence S 125’ along the E line of Lot 5 to the POB.
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MINUTES:
On MOTION of Dunham, the Board
voted 4-0-0 (White, Dunham, Turnbo, Perkins, "aye", no "nays", no "abstentions",
Cooper "absent") to APPROVE
the Minutes of April 23, 2002 (No. 840).
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Action
Requested:
Special Exception to allow an emergency/protective shelter and learning
center for children and adults needing temporary assistance. SECTION 401. PRINCIPAL USES PERMITTED IN RESIDENTIAL
DISTRICTS – Use Unit 2, located 2605 E. 29th Pl.
N.
Presentation:
Lester Shaw, 2238 N. Yorktown Ave., stated that they have provided
a site plan (Exhibit A-2), as the Board requested at the last hearing. He informed the Board that they have
trimmed down the list of services also.
He added that they have been talking with the neighbors about the
center. He indicated that it would
be an improvement to the neighborhood property values. Mr. Shaw stated the days and hours of
operation would be Monday through Friday, 9:00 a.m. to 6:00 p.m. He indicated there would be about three
staff people, adult visitors during the day and approximately ten children after
school. They also plan to have a
summer program for children. A
petition in support of the application (Exhibit A-1) was submitted. Photographs of homes in the neighborhood
were submitted (Exhibit A-5).
Mr. Cooper arrived at 1:13 p.m.
Comments and
Questions:
Ms.
Turnbo reminded him this would not be a facility for overnight emergency
shelter. Ms. Turnbo questioned Mr.
Shaw about transportation for children, and field trips. Mr. Shaw stated the center is for this
neighborhood and if they did a field trip they could provide transportation and
keep the number of cars to a minimum.
Mr. White stated he had a petition in opposition (Exhibit A-3) from
residents at addresses within the neighborhood or immediate area.
Interested
Parties:
Victoria Sanders,
2628 E. 30th St. N., stated she also submitted a petition of
opposition (Exhibit A-3) from neighbors in the neighborhood. She stated there are only 80 occupied
homes in the area. Ms. Sanders
listed concerns that the building site was inadequate; streets were inadequate;
no through access; parking inadequate; and building plans have not been shared
with the neighbors prior to this meeting.
She added that the plans are good but not appropriate for the
neighborhood.
Louis
Smith,
1812 N. Boston Pl., stated the streets are too narrow and no shoulders. He stated there are not enough children
in the neighborhood. He felt that
the services to be offered were not appropriate for the people who live in the
neighborhood.
Siomata
Pratt,
2540 E. 30th St. N., stated that most of the neighbors are
elderly. She stated the only
children who live on her block are graduating high school. She indicated the majority of residents
do not need the services. She did
not think it was an appropriate site.
Ms.
Turnbo listed concerns as to the interest in the neighborhood for learning
computer skills; if lunch would be served; narrow streets; minimal parking
available; and Mr. Shaw has changed the hours of operation several times. She noted the neighborhood is small and
this center might cause too much traffic, the applicant has changed his
statement regarding whether there would be field trips. She also mentioned it appeared the
majority of people who signed petitions are in opposition. Mr. Shaw responded that many of the
neighbors just wanted someone to talk with and there is no place for them to
just get together for coffee and to visit.
Mr. Shaw stated he wants the center to be available when the neighborhood
needs the facility. He stated the
desire to reverse the negative trends in the neighborhood where crack houses
exist, and people need hope. Ms.
Turnbo asked Mr. Shaw to indicate the boundaries of the neighborhood he desires
to serve. The boundaries he
indicated are Lewis Ave. to the Cherokee Expressway and 31st St. to 27th St.
Board
Action:
On
MOTION
of Perkins,
the Board voted 5-0-0 (White, Dunham, Turnbo, Perkins, Cooper "aye"; no "nays";
no "abstentions"; no "absences") to APPROVE
a Special Exception to
allow an emergency/protective shelter and learning center for children and
adults needing temporary assistance, with the conditions for days and hours of
operation to be 9:00 a.m. to 6:00 p.m. on Monday, Wednesday, Thursday, and
Friday, 9:00 a.m. to 9:00 p.m. on Tuesday; with a maximum of 17 visitors at a
time; no overnight emergency stays; to meet all landscaping requirements and to
provide a minimum of 11 parking spaces, 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, on the following described
property:
Lots 13 and 14, Block 3; Square Deal, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Review of screening design pursuant to approval of sensory and children’s
garden granted April 23, 2002, located East 25th Street and South
Rockford.
Presentation:
Mr.
Beach reminded the Board that this application was previously approved and
continued to this meeting to allow the applicant to bring a screening plan and
to meet with the neighborhood. A
site plan was provided (Exhibit B-1).
Greg Warren, Data Resource Manager of the Tulsa Parks Department,
presented his plan for the plantings that would screen the maintenance
barn.
Mr. Dunham out at 2:05 p.m. and returned at 2:07
p.m.
Interested
Parties:
There
were no interested parties who wished to speak.
Board
Action:
On
MOTION
of Dunham,
the Board voted 5-0-0 (White, Dunham, Turnbo, Perkins, Cooper "aye"; no "nays";
no "abstentions"; no "absences") to APPROVE
the plan for
screening design pursuant to approval of sensory and children’s garden granted
April 23, 2002, on the following described property:
Beg. at the NW/c Lot 2, thence S 246.00’ E 330.00’ N 23.00’ E 121.00’ SE on curve 43.98’ E 145.80’ S 109.50’ E 63.60’ S 109.50’ E 526.35’ N 470.00’ W 1218.36’ to POB, Section 18, T-19-N, R-13-E, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception to allow an accessory structure (garage) on an abutting
residential lot under same ownership.
SECTION 1608. SPECIAL
EXCEPTION – Use Unit 6; a Variance to allow accessory buildings totaling 908.97
square feet; and a Variance of the maximum allowable floor area for detached
accessory buildings from 500 square feet to 908.97. SECTION 402.B.1.d. ACCESSORY USES IN
RESIDENTIAL DISTRICTS, Accessory Use Conditions, located 4606 S. 29th
W. Ave.
Presentation:
Lenny Richardson, 4606 S. 29th W. Ave., stated he spoke
previously with INCOG and withdrew his request for the variances. He added that he never intended to keep
the existing accessory buildings.
He has already removed one and after he builds the garage, he plans to
remove the second one. A site plan
(Exhibit C-1) was provided.
Comments and
Questions:
Mr.
Beach noted that the garage would be on a separate lot and would need a
tie-contract. He owns both
lots.
Interested
Parties:
There were no interested parties
who wished to speak.
Board
Action:
On
MOTION
of Turnbo,
the Board voted 5-0-0 (White, Dunham, Turnbo, Perkins, Cooper "aye"; no "nays";
no "abstentions"; no "absences") to APPROVE
a
Special Exception
to allow an accessory structure (garage) on an abutting residential lot under
same ownership, per plan, on condition of a tie-agreement, 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, on the following
described property:
Lots 24 and 25, Block 16, Town of Carbondale, City of Tulsa, Tulsa
County, State of Oklahoma.
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Action
Requested:
Variance to allow a 6’ high fence
in the required front yard. SECTION
210.B.3. YARDS, Permitted Obstructions in Required Yards – Use Unit 6, located
1222 S. 83rd E. Ave.
Presentation:
Carolyn Washington, 1222 S. 83rd E. Ave., stated she
wants to put in a six-foot, chain link fence on her property. She added that her house is toward the
back of the property and neighboring houses are at the front of their
properties. Photographs were
submitted (Exhibit D-1).
Interested
Parties:
There
were no interested parties who wished to speak.
Board
Action:
On
MOTION of Dunham, the Board voted 5-0-0 (White, Dunham, Turnbo,
Perkins, Cooper "aye"; no "nays"; no "abstentions"; no "absences") to
APPROVE a Variance to allow a 6’ high fence in the
required front yard, with the condition it is an open chain link fence and only
6’ in height, finding the hardship to be that the intention of the code was to
prevent solid screening fences in the front yard, on the following described
property:
The S 78’ of Lot 15, Block 3, Forest Acres Addition, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Variance of requirement that a
mini-storage must have frontage and access to an arterial street. SECTION 1216.C.3. USE UNIT 16. MINI-STORAGE, Use Conditions – Use Unit
16, located 4247 S. 76th E. Ave.
Presentation:
Roberta Steinmetz, 7723 E. 105th St., stated the area
is paved with asphalt. Ryder Trucks
previously owned it. A site plan
was provided (Exhibit E-1).
Interested
Parties:
There
were no interested parties who wished to speak.
Board
Action:
On
MOTION of Dunham, the Board voted 5-0-0 (White, Dunham, Turnbo,
Perkins, Cooper "aye"; no "nays"; no "abstentions"; no "absences") to
APPROVE a Variance of requirement that a
mini-storage must have frontage and access to an arterial street, per plan,
finding the hardship to be that the intent of the code is the affect it might
have on a neighborhood and this project is totally within an industrial
neighborhood, on the following described property:
Part of Lot 1, Block 1, said tract of land being described as follows,
to-wit: Beg. at a point that is the most Sly corner of said Lot 1, said point
also being the most Wly corner of Lot 2, in said Block 1; thence N
46°23’03”
E for 299.02’ to a point on the NEly line of Lot 1, said point being 286.29’
SEly of the NWly corner of Lot 1; thence S 71°32’12”
E along the NEly line of Lot 1 for 34.11’ to a point that is the most Ely corner
of Lot 1, said point also being the most Nly corner of said Lot 2; thence S
51°50’59”
W, along the common boundary line between said Lots 1 and 2, for 316.43’ to the
POB of said tract of land; And Lot 2, Block 1, Industrial Equipment Center
2nd Addition.
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Action
Requested:
Variance of required 30’ of
frontage on a public street or dedicated right-of-way to 0’. SECTION 206. STREET FRONTAGE REQUIRED – Use Unit 6;
and a Variance of lot width from 200’ to 165’ to permit a lot-split. SECTION 303. BULK AND AREA REQUIREMENTS IN THE
AGRICULTURE DISTRICT, located 464 W. 73rd St.
Presentation:
Doyle Black, 464 W. 73rd St., stated that many of the
lots in the area are the same size.
He stated he is on a dead-end road with right-of-way through two
properties. There are city
utilities, water and a septic system. His house and a garage are the
structures existing on the property.
Interested
Parties:
Steve
Fisher,
7222 S. Elwood, stated he and his parents own property on the east, north and
south of the subject property. They
granted easements on their abstracts, just for right-of-way to the
property. It is for residential use
only. In the last three or four
years Mr. Black started a salvage yard and a dump on the property. He added that they made a complaint to
Neighborhood Inspections. He stated
that Mr. Black does auto mechanics in the three-car garage and has been selling
cars on the property. He has
counted ten to thirty cars going down the right-of-way to Mr. Black’s property
per day. It is a single-lane,
gravel road. He complained that the
family children couldn’t ride bikes down the road for all the traffic. Mr. Fisher had his property re-appraised
and the value went down $15,000.
The appraisers told him it was because of Mr. Black’s property. Mr. Fisher stated that stripped car
bodies were discarded around the property.
He added that dump trucks were dumping construction trash such as
concrete and asphalt. He informed
the Board that Mr. Fisher has no license to sell or repair cars. He stated that two weeks ago he started
to work on cars again. Mr. Fisher
submitted photographs (Exhibit F-2).
Comments and
Questions:
Mr.
Dunham pointed out that the illegal operations on the property do not have to do
with the application before the Board.
Mr. Fisher stated the road was not made for that much traffic, as it is a
single-lane, gravel road.
Jim
Foster,
7302 S. Elwood, stated he has tried to talk the applicant and his wife regarding
the traffic and other issues. He
stated he is opposed to a lot split on the subject
property.
Candy
Parnell,
Neighborhood Inspections, submitted packets of information to the Board (Exhibit
F-1). She stated that she inspected
the subject property in November 2001.
She confirmed the statements made by Mr. Fisher. She added that Mr. Black responded to
the notices and cleaned up the property.
Ms. Parnell informed the Board that if Mr. Black reopens the auto
mechanic facility or anything that is in violation of the zoning code or the
health, safety and nuisance code, she would not send any more notices, but write
citations or issue warrants for his arrest.
Applicant’s
Rebuttal:
Mr. Black expressed surprise at his neighbors’ statements. He stated that his abstract shows easements with the roadway. He informed the Board that he has ceased the auto repair business. His personal friend brought his car in for Mr. Black to help repair. There was no exchange of money. Mr. Black stated he had his property reappraised in February 2002, and it has almost doubled in value in the last eight years.
Comments
and Questions:
Mr.
Dunham noted the aerial photo suggests there are other structures on the
property than the garage and house.
Mr. Black replied there is a gazebo behind the house and a metal portable
building. Mr. Beach informed the
Board that the aerial photos are updated every two years. He stated that the photo is either two
years old, or more likely was taken last January. Mr. Beach stated that the property is
deficient for subdivision in several ways and the reason for the regulations is
to provide for orderly development, frontage on public streets and continuation
of public utilities.
Board
Action:
On
MOTION of Turnbo, the Board voted 5-0-0 (White, Dunham, Turnbo,
Perkins, Cooper "aye"; no "nays"; no "abstentions"; no "absences") to
DENY a Variance of required 30’ of frontage on a
public street or dedicated right-of-way to 0’; and a Variance of
lot width from 200’ to 165’ to permit a lot-split, for lack of a hardship, on
the following described property:
N/2, NW, SE, NE, Section 11, T-18-N, R-12-E, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Variance of the required parking from 24 to 10 for medical office. SECTION 1211.D. USE UNIT 11. OFFICES, STUDIOS, AND SUPPORT SERVICES, Off-Street Parking and Loading Requirements – Use Unit 11, located 1727 S. Cheyenne.
Presentation:
Pamela Brewer, 3420 E. 67th St., stated she wants to
move into a larger building. The
attic and basement will not be used, which leaves about 4500 square feet of
useable space; 500 square feet are porches and balconies. Ms. Brewer submitted a written lease for
eight parking spaces (Exhibit G-1) and a letter of support from the parking lot
owner (Exhibit G-2). She informed
the Board she has 2 full-time and 5 part-time employees. She will have three working rooms, but
they do not always have three clients at a time.
Comments and
Questions:
Ms.
Turnbo advised Ms. Brewer that if she lost her parking spaces she would have to
close down the business.
Interested
Parties:
There
were no interested parties who wished to speak.
Board
Action:
On
MOTION of Dunham, the Board voted 5-0-0 (White, Dunham, Turnbo,
Perkins, Cooper "aye"; no "nays"; no "abstentions"; no "absences") to
APPROVE a Variance of the
required parking from 24 to 10 for the Skin Medic aspect of medical care, on
condition there be a minimum of eight parking spaces available for this owner
located no further away than the southeast corner of 17th and
Cheyenne in any direction, finding the hardship to be that this type of business
does not require the normal amount of parking spaces, 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:
Lot 1 and 2, and N 5’ Lot 3 Block 1, Amended Plat of Bowers Addition City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception to permit a Use Unit 12a, except sexually oriented
business. SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL
DISTRICTS – Use Unit 12a, located
6202 S. Peoria.
Presentation:
Jeffrey Levinson, 35 E. 18th, stated he was
representing the tenant, who attempted to renew his permit. The tenant was told at the zoning plan
review that he needed a special exception because the business is located within
150’ of residentially zoned land.
The lease only states the address, not the legal. He stated this has caused a lot of
confusion. He suggested the special
exception be limited to the address or the site plan.
Interested
Parties:
Lanny Endicott,
5611 S. St. Louis, stated he is President of the South Curry Neighborhood
Association. He stated he met with
the applicant, Mr. Levinson, neighborhood business and property owners to
discuss the application. He added
that the applicant agreed there would be no sexually oriented business; to
secure the environment within and outside the bar during the hours of operation;
and to improve the external appearance of the property. He informed the Board that up to
now this business has not caused a problem for the neighborhood.
Comments and
Questions:
Mr.
Boulden asked if there was anything that separates the southern border of the
bar from the rest of the property.
Mr. Endicott replied there is not, just vacant
land.
Interested
Parties:
Helen
Burnett,
11018 S. 85th E. Ave., stated she owns some duplexes within a block
of the bar. She commented on
improvements that have been made to the neighborhood. An apartment complex that had a lot of
drug activity was demolished; the park was improved; trees were planted; the
neighborhood addition was named; and streetlights were put up. They are trying to change the reputation
of the neighborhood. She submitted
a petition (Exhibit H-1). Ms.
Turnbo asked if she had any specific complaints about this bar. Ms. Burnett replied that she did
not. Ms. Turnbo asked if a
screening fence would make a difference.
Ms. Burnett did not think it was necessary.
Janelle
Stelslan,
6636 S. Jamestown Pl., complained there is already high crime in the area. She stated she was opposed to the
application. She expressed
concern for the teenagers who walk through the area; the poor maintenance of the
property and parking lot. She
protested having a bar at this location now or in the future.
Board
Action:
On
MOTION of Dunham, the Board voted 5-0-0 (White, Dunham, Turnbo,
Perkins, Cooper "aye"; no "nays"; no "abstentions"; no "absences") to
APPROVE a Special Exception to permit a Use Unit
12a, except sexually oriented business, with condition that it be limited to the
N 120’ of the subject property, and no outside activities, seating or speakers,
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, on the following described property:
Part of Lot 1, Block 1, Zandbergen Addition, Beg. at a point 363.05’ S of the NE/c Lot 1, thence S 333.05’ W 243.15’; N 303.94’ to a point NEly on a curve to a point E to POB, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception to permit a children’s nursery in an RS-3 district. SECTION 401. PRINCIPAL USES PERMITTED IN RESIDENTIAL DISTRICTS – Use Unit 5; Variance of Section 404.F. 2, 3, 4; Special Exception Uses in Residential Districts, Requirements, required lot size of 12,000 square feet to 7845 square feet, minimum frontage of 100’ to 55.02’, minimum building setback of 25’ from abutting properties located within an R district. SECTION 404.F. SPECIAL EXCEPTION USES IN RESIDENTIAL DISTRICTS, REQUIREMENTS; and a Variance of Section 1205.C required parking spaces from 3 to 2. SECTION 1205.C. USE UNIT 5. COMMUNITY SERVICES AND SIMILAR USES, Off-Street Parking and Loading Requirements, located 3304 N. Hartford.
Mr. White announced he would abstain from this application and he
stepped out of the room at 3:25 p.m.
Presentation:
Sonda Matlock, 3262 S. Fleetwood, Apt. 8A, stated they own the subject property. She stated the house has three bedrooms. They do not plan to use the back yard; and they fenced in the front yard for a play area. Someone from DHS is supposed to inspect the property after this meeting and determine how many children she can take in the day care. The hours and days of operation would be 7:00 a.m. to 5:00 p.m., Monday through Friday. She expects she would be