CITY BOARD OF ADJUSTMENT
Tuesday,
May 28, 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 |
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Dunham,
Vice Chair |
Cooper |
Beach |
Boulden,
Legal |
|
Turnbo |
Perkins |
Butler |
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White,
Chair |
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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 Thursday, May 23, 2002, at 10:10 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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Mr. Jim Beach
read the rules and procedures for the Board of Adjustment Public
Hearing.
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Action
Requested:
Variance of setback from
79th East Avenue from 50 to 47.5 to permit new construction. The property is located 3414 South
79th East Avenue.
Presentation:
Mr.
Beach announced that the applicant, Danny Mitchell, asked for a continuance to
the meeting on June 11, 2002.
Board
Action:
On
MOTION of Dunham, the Board voted 3-0-0 (White, Dunham, Turnbo
"aye"; no "nays"; no "abstentions"; Perkins, Cooper "absent") to
CONTINUE Case No. 19368 to the meeting on June 11, 2002, regarding
the property described as follows:
All that part of Lot 3, Interchange Center, City of Tulsa, Tulsa County,
State of Oklahoma, lying in the NE/4 of Section 23, T-19-N, R-13-E of the IBM,
more particularly described as follows, to-wit: Commencing at the NE/c of said
Section 23; thence due W a distance of 1,206.93; thence due S a distance of
692.34 to a point in the SEly right-of-way of I-44 and the NWly boundary of
said Lot 3 and the POB; thence N 48°5530
E along the SEly right-of-way of I-44 a distance of 150.00; thence S
41°0430
E a distance of 278.99; thence S 00°0000
E a distance of 92.10 to a point in the Nly right-of-way of S. 79th
E. Ave.; thence on a curve to the left having a radius of 390.00 along said Nly
right-of-line of S. 79th E. Ave. a distance of 124.00; thence N
20°2303
W a distance of 50.00; thence N 41°0430
W a distance of 240.28 to the POB.
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On MOTION of Dunham, the Board
voted 3-0-0 (White, Dunham, Turnbo "aye"; no "nays"; no "abstentions"; Perkins,
Cooper "absent") to APPROVE
the Minutes of May 14, 2002 (No. 841).
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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, proposed to make the garage apartment at his residence into a Bed and
Breakfast. It is an oversized
two-car garage with an interior stairway to the second floor. He plans on one or two guests at a time
for overnight stays. He plans on
giving vouchers for breakfast at nearby restaurants. He does not plan to have special events
or long term stays. There will be
no kitchen. Guests will be able to
come and go without the applicant having to move his personal car.
Interested Parties:
There
were no interested parties who wished to speak.
Board
Action:
On
MOTION
of Dunham,
the Board voted 3-0-0 (White, Dunham, Turnbo "aye"; no "nays"; no "abstentions";
Perkins, Cooper "absent") to APPROVE
a Special
Exception for a
bed and breakfast inn, one guest room over garage, with conditions as stated in
(Exhibit A-1), a letter from Tracy Horner Shears: guest parking is fully
accommodated off-street by either of two driveways on the property; signage
shall be low-profile and architectural in style, wooden in material, not to
exceed two square feet in display surface area, painted gray and white or other
colors compatible with the main residence, and located a the north side of the
main residence along the house, not to be visible from beyond the property line;
Mr. Collinson resides on the property and would be available at all times in the
event of a neighborhood concern;
the property would be maintained in a desirable and conscientious manner;
no broader uses than this specific use; and additional conditions: that no food
be served; no kitchen in the rental area; no special events; and no more than
two guests at a time, on the property described as follows:
Lot
10, Block 9, Stonebraker Heights, City of Tulsa, Tulsa County, State of
Oklahoma.
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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:
Randall G. Gehring, 4032 S. Urbana, stated this case was continued
from the last BOA meeting. He met
with the officers but not with all of the neighborhood associations that were
interested in this application.
Board
Action:
On
MOTION
of Turnbo,
the Board voted 3-0-0 (White, Dunham, Turnbo "aye"; no "nays"; no "abstentions";
Perkins, Cooper "absent") to CONTINUE
Case No. 19349 to the meeting on June 11, 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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Action
Requested:
Variance of required side yard from 20 down to 5 to permit a new detached garage. SECTION 402.B.1.c. ACCESSORY USES IN RESIDENTIAL DISTRICTS, Accessory Use Conditions and SECTION 210.B.5.b. YARDS, Permitted Obstructions in Required Yards Use Unit 6, located 1203 S. Delaware.
Presentation:
John D. Simms, 1203 S. Delaware, stated they asked for the
variance to avoid the sewer line.
He stated there were 17 detached garages on 12th Street
between Harvard and Delaware. They
do not want access on Delaware because of the traffic. A site plan (Exhibit I-1) was provided
to the Board.
Comments and
Questions:
Mr.
White mentioned the staff comments regarding the proximity from the face of the
garage to the curb would only be 17.
He noted that two of the neighboring homes have the same problem, setting
a precedent.
Interested
Parties:
There
were no interested parties who wished to speak.
Board
Action:
On
MOTION
of Dunham,
the Board voted 3-0-0 (White, Dunham, Turnbo "aye"; no "nays"; no "abstentions";
Perkins, Cooper "absent") to APPROVE
a Variance of
required side yard from 20 down to 5 to permit a new detached garage, per
plan, finding the hardship is that a precedent has been set on the two lots to
the east with the same conditions, on the property described as follows:
Lot 24, Block 4, Signal Addition, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception to allow a manufactured home in an RS-3 and AG zoned
district. SECTION 401. PRINCIPAL USES PERMITTED IN RESIDENTIAL
DISTRICTS Use Unit 9; and a Special Exception to extend the one year time
limit. SECTION 404.E.1. SPECIAL
EXCEPTION USES IN RESIDENTIAL DISTRICTS, REQUIREMENTS. Use Unit 9, located 716
W. 71st St.
Presentation:
Mary K. Whittenburg,
P.O. Box 61, Glenpool, Oklahoma, proposed to move a mobile home onto the subject
property. She stated the owner of
the property is present and available if the Board needs to speak with her.
Comments and
Questions:
Mr.
White asked about the lateral lines on the property. Ms. Whittenburg replied they are for the
mobile home she wants to move in.
The lines were placed for a previous mobile home. Mr. White informed her that the extended
time must be limited but it could be thirty years. Ms. Whittenburg was agreeable to thirty
years. Mr. Beach noted that
110 width is not enough for the AG portion of the property. Mr. Dunham informed the applicant that
she might have to come back to the Board for more relief.
Interested
Parties:
Charlotte Janson,
714 W. 71st, stated there has not been a lot split on the
property.
Board
Action:
On
MOTION of Dunham, the Board voted 3-0-0 (White, Dunham, Turnbo
"aye"; no "nays"; no "abstentions"; Perkins, Cooper "absent") to
APPROVE a Special Exception to allow a manufactured
home in an RS-3 and AG zoned district; and a Special Exception to
extend the one year time limit, to a period not to exceed thirty years, 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:
A part of the NW/4 NE/4, Section 11, T-18-N, R-12-E of the IBM, particularly described as follows, to-wit: Beg. at a point 440.00 E of the NW/c NE/4, thence S 1,320.00; thence E 110; thence N 1,320.00; thence W 110.00 to the POB, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Variance of setback from rear property line of 20 down to 10. SECTION 403. BULK AND AREA REQUIREMENTS IN RESIDENTIAL DISTRICTS Use Unit 6, located 5007 South Irvington Place.
Presentation:
John Rohweder, 5007 S. Irvington Pl., stated he wants to add on to
the existing garage. He submitted a
site plan and photographs (Exhibit B-1 and B-2).
Comments and
Questions:
Mr.
White commented on the staff comments regarding the proximity to the neighbor on
the north. He did not think it is
close enough to cause a problem.
Interested
Parties:
There
were four interested parties present in favor of the application, but no one who
wished to speak.
Board
Action:
On
MOTION of Dunham, the Board voted 3-0-0 (White, Dunham, Turnbo
"aye"; no "nays"; no "abstentions"; Perkins, Cooper "absent") to
APPROVE a Variance of
setback from rear property line of 20 down to 10, per plan, finding it is an
L-shaped house with odd shaped lot 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 19, Block 14, Park Plaza 4th, City of Tulsa, Tulsa County,
State of Oklahoma.
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Action
Requested:
Special Exception to allow Use Unit 5, (Childrens Nursery) on the
subject tract and in an OL district, located 1819 East 15th
Street.
Presentation:
Philip Steedman, 2728 E. 44th Pl., proposed to open a
before and after school childcare program for elementary school age children
only. He currently serves three
public schools in the area with one other program at a different location. He pointed out there is a
playground. The Department of Human
Services has already agreed it is a good facility and location. He has sent out about 75 letters to
residents within 300 of the facility.
He received five responses of support. He has attempted to contact the
homeowners association, but was not successful in reaching a contact
person. He submitted
photographs (Exhibit C-1). There is
a six-foot privacy fence around the playground. There is access to 14th
street, but he has already assured the neighbor on that side that the access
would be closed off. He plans to replace the fence that is in disrepair.
Comments and
Questions:
Mr.
White suggested that the case could be continued to request more relief for the
fence height if needed.
Ms. Turnbo asked the hours of operation. Mr. Steedman replied he would be there
from 7:00 a.m. to 6:00 p.m. He
added that the children would be coming inside around 5:15 p.m. to be picked up
by parents. Ms. Turnbo asked about
transportation for the children.
Mr. Steedman replied that he uses vans to transport the children to and
from school.
Interested
Parties:
There
were no interested parties who wished to speak.
Board
Action:
On
MOTION of Dunham, the Board voted 3-0-0 (White, Dunham, Turnbo
"aye"; no "nays"; no "abstentions"; Perkins, Cooper "absent") to
APPROVE a Special Exception to allow Use Unit 5,
(Childrens Nursery) on the subject tract and in an OL district, with the
conditions that hours of operation be Monday through Friday, 7:00 a.m. to 6:00
p.m.; no building structure to front 14th Place; and no access on
14th Place; childcare limited to elementary ages only; and to
CONTINUE Case 19361 to the meeting on June 25,
2002.
Tract A: more particularly described as follows: A portion of Lots 17 and 18, Block 5, Terrace Drive Addition, being more particularly described as follows, to-wit: Beg. at the SW/c of the E 50.00 of said Lot 17; thence N 00°2651 W along the W line of said Lot 17, a distance of 193.72; thence N 89°5951 E a distance of 100.02; thence S 00°2616 E a distance of 193.74 to a point on the S line of said Lot 18; thence due W a distance of 99.96 to the POB; and Tract B: A portion of Lot 18, Block 5, Terrace Drive Addition, being more particularly described as follows, to-wit: Beg. at the NE/c of said Lot 18, thence S 00°2417 E along the E line of said Lot 18, a distance of 293.83 to the SE/c of said Lot 18, thence N 90°0000 W along the S line of said Lot 18, a distance of 99.96; thence N 00°2541 W a distance of 293.80 to a point on the N line of said Lot 18; thence N 89°5945 E a distance of 100.07 to the POB.
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Action
Requested:
Special Exception to allow a bed and breakfast facility in an RS-3 zoned
district. SECTION 401. PRINCIPAL USES PERMITTED IN RESIDENTIAL DISTRICTS Use
Unit 2, located 1100 North 27th West Avenue.
Presentation:
Paul Vestal, 1515 E. 71st, Ste. 302, stated he was
representing John Amos. He
emphasized that the request is for a Bed and Breakfast only, and no special
events. This is a five-acre tract
of land with a five bedroom, five-bathroom mansion. It is near Gilcrease Hills, and in Osage
County. There is adequate
off-street parking, outdoor pool, separate garage with apartment above, and one
other out-building.
Comments and
Questions:
Mr.
Dunham asked about expected length of stays for guests. Mr. Vestal replied it would be weekends
only, or probably no more than one week.
Mr. Vestal stated a lot of businessmen seek a Bed and Breakfast rather
than motels or hotels. Mr. Dunham
asked again about the number of guest rooms. Mr. Vestal responded there would be five
guest rooms. Mr. Vestal responded
to questions regarding signage and special events, stating any sign they use
will be made within the requirements of the code and no special events are
allowed by the code so there will not be any.
Interested
Parties:
Paula
Brown,
1000 N. 27th W. Ave., and Pete
Sandschaper,
1035 N. 27th W. Ave., came before the Board. They submitted a packet of information,
including a petition, maps and photographs (Exhibit D-1). The homeowners residing in the Country
Club Heights Addition signed the petition.
Ms. Brown wanted to know what is to stop special events from taking
place. She made a complaint that
during a recent house fire in the neighborhood there was not enough water
pressure to adequately fight the fire.
She mentioned the Newton and 27th Streets dead end, so that
traffic and parked cars cause too much congestion for neighbors and emergency
vehicles.
Ginny
McElwaine Rohr,
1228 S. Florence Avenue, stated that her parents have lived at 1115 N.
27th W. Ave., directly across the street, since 1964. She pointed out that information on the
Case Report regarding the Relevant Previous Actions and on the application is
not accurate. In the late 1960s
and early 1970s the downtown urban renewal was sweeping through the downtown
area. Her father applied to the
Board to build an office on the backside of this property facing 25th
Street. The Board denied the
application because it would create too much traffic. She concluded that a precedent was set
for this neighborhood.
Patty
Mandrell,
1171 N. 27th W. Ave., directly east across the street from the
subject property. She
indicated that Mr. Vestal stated the applicant would not be living there, and
this would be only a business venture.
This goes against the covenants of the neighborhood.
Paula
Johnson Stafford,
2720 W. Newton, informed the Board that she grew up in the neighborhood and
raised her own family there; emphasizing it is a residential neighborhood. She stated that when a special designer
home event was held people drove across her property.
Joseph
Rohr,
mentioned that the Holiday Inn Express is close by for short overnight
stays.
Applicants
Rebuttal:
Mr.
Vestal responded that the applicant would be living in the home as his
residence. He noted that it would
not increase traffic any more than a family with five or six children. He added that the Holiday Inn is not the
same as a Bed and Breakfast. He
stated that it does not violate any ordinances; will meet all requirements of
the code; no gambling will be condoned.
It is supposed to be a very quiet, restful place for guests on
weekends.
Comments
and Questions:
Mr.
Boulden reminded Mr. Vestal that any signage would have to be approved by the
Board. Mr. Vestal replied they
would not put up any sign without approval, and do not plan signage at this
time. Mr. Boulden confirmed there
would only be five guest rooms.
In
Board discussion Ms. Turnbo expressed concern that the added traffic would be an
unnecessary intrusion on the neighborhood with the expected future special
events at Gilcrease Museum.
Mr. Dunham commented that the business would be an aversion from the
single-family residential neighborhood.
He added that the water pressure and septic issues would not cause any
more stress on the systems than a family with five or six children. Mr. White mentioned that the times
of maximum occupancy of a B & B, would probably be during the times of major
events at Gilcrease Museum. He
mentioned that the streets are not built according to city standards.
Mr.
Vestal asked for a continuance to allow time to address the questions and
incorrect assumptions of the interested parties. He intends a very conservative use of
the property as his residence. It
will take some time to develop a B & B. Mr. White asked if they have contacted
any of the neighbors. Mr. Vestal
replied that they have not had an occasion to speak with the
neighbors.
Mr.
White commented he would have expected the applicant to contact the neighbors
regarding this obviously controversial project. The neighborhood seems to have a
significantly organized association.
The only other option at this point since the interested parties are so
unclear about the details would be to have give a continuance.
Board
Action:
On
MOTION of Turnbo, the Board voted 3-0-0 (White, Dunham, Turnbo
"aye"; no "nays"; no "abstentions"; Perkins, Cooper "absent") to
DENY a Special Exception to allow a bed and
breakfast facility in an RS-3 zoned district, 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:
N/2 SW NE NE, Section 33, T-20-N, R-12-E, City of Tulsa, Osage County, State of Oklahoma.
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Action
Requested:
Special Exception to reduce the number of off-street parking spaces from
27 required to 15. SECTION 1212a.D. USE UNIT 12a. ADULT ENTERTAINMENT
ESTABLISHMENTS; Off-Street Parking and Loading Requirements. SECTION 1408.B.4.
NONCONFORMING ADULT ENTERTAINMENT ESTABLISHMENTS; and a Special Exception to
allow a bar within 150.00 from an R zoned district. SECTION 701. PRINCIPAL USES
PERMITTED IN COMMERCIAL DISTRICTS Use Unit 12a, located 4002 East
11th Street South.
Presentation:
Andre Bahlinger, 5818 E. 77th St., stated she is the
agent for the landlord, AAA Vending.
This has been a neighborhood bar since 1970. This is one of the last bars in
town being brought into compliance for an all-weather surface parking lot with
required number of parking spaces.
Interested
Parties:
Catherine Nicholson,
933
S. Oswego Ave., stated her concern that overflow parking would be on Oswego
because it is a through-street. She
suggested that the vacated convenience store parking lot would be good for
overflow parking. She responded to
Mr. Dunham that the parking has been stacked in the past. She made a complaint about the
live music stating she could hear it in her house even when it is closed
up.
Michele Pagliaro, 3923 E. 11th Pl., stated he has lived there since the early 1960s. He informed the Board there were many neighbors that could not be there for health reasons or jobs, and some are out of town. When he purchased his home the bar was not there. He stated that he is familiar with bars as his family has owned bars. He listed problems with this bar including: poor response from police; loud music causes his house to vibrate; and his fence has been burned twice.
Tom
Baker,
1923 E. 19th St., City Councilor for District 4, stated he
represented some of the residents of this neighborhood. He
has heard complaints of noise, crime, 17 TPD incidents in the last year, and
non-compliance with the ordinances for parking, and distance from residential
zoning.
A
letter of opposition (Exhibit E-1) to the application was sent to the Board from
Jeannie McDaniel.
Applicants
Rebuttal:
Ms.
Bahlinger stated that the parking area has not changed, just surfaced and
striped. She asked if the
interested parties have complained to the landlord. She stated that is the best way to get
results for changes.
Board
Action:
On
MOTION of Dunham, the Board voted 3-0-0 (White, Dunham, Turnbo
"aye"; no "nays"; no "abstentions"; Perkins, Cooper "absent") to
DENY a Special Exception to reduce the number of
off-street parking spaces from 27 required to 15; Off-Street Parking and Loading
Requirements; and a Special Exception to allow a bar within
150.00 from an R zoned district, 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:
Lots 6 and 7, Block 1, Mayo Addition, City of Tulsa, Tulsa County, State
of Oklahoma.
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Action
Requested:
Special Exception to allow a detached accessory building on a residential lot, other than the lot where the principal use is located. SECTION 1608.A.11. BOARD OF ADJUSTMENT POWERS, SPECIAL EXCEPTIONS; a Variance for a structure to exceed 10 in height to the top of the top plate. SECTION 210.B.5.a. YARDS; Permitted Obstructions in Required Yards; and a Variance of maximum allowable square footage for detached accessory buildings (1,040 square feet [40% of square footage of residence]) to 2,500 square feet. SECTION 402.B.1.d. ACCESSORY USES IN RESIDENTIAL DISTRICTS, located 11416 East Newton Place.
Presentation:
Mike Bevens, 11416 E. Newton Pl., stated he owns Lots 9 and
10. He proposes to tear down the
old house and the carport, old outbuildings on Lot 9 and build a new structure
to replace with the same square footage.
He explained he asked for the height to put in a 12 x 12 door to park
work trucks, trailers and equipment.
He contacted the neighbors to the west, across the street and they were
in support of the application.
Comments and
Questions:
Mr. Dunham concluded that the existing home, 900 square foot existing garage, and a new 1600 square foot garage would be what is left on the property. Mr. Bevens replied that was correct. Mr. White asked if his goal was to place all of the construction trucks and equipment in the garage. Mr. Bevens responded he would put everything but the backhoe and loader. Mr. Bevens added they only park the equipment there after hours, and take them to the work sites in the mornings. Mr. Bevens stated he does not run his business from there, and a variance was approved in 1986 to store the equipment there. He bought the house from his grandfather, took over the business and nothing has changed. Mr. Beach responded that in 1985 the Board denied a use variance. Mr. Bevens responded that someone at INCOG told him the variance was approved. Ms. Turnbo asked how many employees pick up equipment from his house. Mr. Bevens replied there are three that park in his driveway and take the work trucks to the work sites.