CITY BOARD OF ADJUSTMENT
Tuesday,
June 25, 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 |
|
Stump |
Boulden,
Legal |
|
Cooper Turnbo |
|
Butler
|
|
|
White,
Chair |
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|
|
|
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, June 21, 2002, at 8:30 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. Jay Stump
read the rules and procedures for the Board of Adjustment Public
Hearing.
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Action Requested:
Variance of setback from centerline of the street of 45 down to
30. SECTION 210.B.5.b. YARDS,
Permitted Obstructions in Required Yards Use Unit 6, located 1331 S.
121st E. Ave.
Presentation:
Mr.
Stump informed the Board that the applicant had withdrawn the
application.
Board
Action:
No
action was necessary.
Lot 25, Block 1,
Eastport Addition, City of Tulsa, Tulsa County, State of
Oklahoma.
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Action
Requested:
Variance of the allowable size for an accessory building in an RS-3 zoned
district from 500 square feet to 576 square feet. SECTION 402.B.1.d. ACCESSORY USES
IN RESIDENTIAL DISTRICTS, Accessory Use Conditions Use Unit 6, located 3152 S.
133rd E. Ave.
Presentation:
Mr. Stump informed the Board the applicant withdrew this case.
Board
Action:
No
action was necessary.
Lot 10, Block 1, Briarglen Acres, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Variance of maximum required rear yard coverage from 25% to 54% in an RS-2 district. SECTION 210.B.5. YARDS, Permitted Obstructions in Required Yards Use Unit 6, located 1230 Hazel Blvd.
Presentation:
Steve Schuller, 500 OneOak Plaza, 100 W. 5th St., requested a continuance of this case to the meeting on July 23, 2002.
Interested
Parties:
The
interested party present had no objection to a continuance.
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. 19391 to the meeting on July 23,
2002.
Lot 7, Block 15, Sunset Terrace Addition, City of Tulsa, Tulsa County, State of Oklahoma.
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MINUTES:
On
MOTION of Dunham, the Board
voted 4-0-0 (White, Dunham, Perkins, Turnbo "aye"; no "nays"; no "abstentions";
Cooper "absent") to APPROVE
the Minutes of June 11, 2002 (No.843) as amended.
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Action
Requested:
Special Exception to modify the maximum fence height allowed in the
required front yard from four feet to six feet. SECTION 210.B. YARDS; Permitted
Obstructions in Required Yards, located 1819 East 15th Street.
Presentation:
Philip Steedman, 2728 E. 44th Pl., stated the existing fence on
14th Pl. is six feet tall and he would like to keep
it.
Board
Action:
On
MOTION
of Dunham,
the Board voted 4-0-0 (White, Dunham, Perkins, Turnbo "aye"; no "nays"; no
"abstentions"; Cooper " absent")
to
APPROVE
a Special Exception
to modify the maximum fence height allowed in the required front yard from four
feet to six feet on 14th Pl. frontage, 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:
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 waive the screening requirement. SECTION
1226.C.2. USE UNIT 26. MODERATE
MANUFACTURING AND INDUSTRY; Use Conditions; and a Variance
from the requirement that Use Unit 26 uses, when located within 300 feet of an R
district shall be conducted within enclosed buildings. SECTION 1226.C.1. USE UNIT 26. MODERATE MANUFACTURING AND
INDUSTRY; Use Conditions, located E of NE/c E. Zion & N.
Kingston.
Presentation:
Diana Dean Davie, 5124 E. Easton, stated she requested the special
exception to waive screening because the abutting property is in a flood plain
and probably would not be developed.
Interested
Parties:
Karen Parsons, 6010 E. Apache, stated that she lives just west of
the subject property at Kingston and Apache. The existing screening fence between
their properties is not in good condition.
She asked for a screening fence that would screen the cars from their
property. She submitted photographs
(Exhibit A-1) to the Board.
Comments and
Questions:
Jay
commented there is no requirement for screening from a CS district. Ms. Davie responded that she plans to
complete the 30 to 50 screening fence to the RS.
Board
Action:
On MOTION
of Dunham,
the Board voted 4-0-0 (White, Dunham, Perkins, Turnbo "aye"; no "nays"; no
"abstentions"; Cooper "absent") to APPROVE
a Special
Exception
to waive the screening requirement on everything except the residential property
on the west,
and
with condition that if property to the south is ever developed for residential
purposes the screening would be required, 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 following described
property:
Tract
1: Beg. 355.86 S NW/c W/2 E/2 E/2 NW NE thence E 165.10, thence N 196.24, NW
197.69, thence S 306.03 to the POB; Tract 2: Beg. 354.92 S NE/c E/2 E/2 E/2
NW NE, thence W 165.06, thence N 196.24, thence SE 198.03, thence S 86.26 to
the POB; and Tract 3: Beg. 268.66 S of NW/c NE NE, thence SEly 116.00, thence
SWly 26.5, thence W 81.80, thence N 76.84 to the POB, all in Section 27,
T-20-N, R-13-E, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Variance of required setback from East 111th Street from 100
from centerline to 83 from centerline.
SECTION 603. BULK AND AREA
REQUIREMENTS IN THE OFFICE DISTRICTS Use Unit 11, located SW/c S. Yale &
E. 111th St.
Presentation:
Jefferey Donnell, 3711 E.
107th St., stated they have developed a small addition called South
Gail Park, that consists of six lots.
Three lots are OL facing S. Yale, and three lots facing E.
111th St., which is residential. They request a variance of the setback
on Lot 1, Block 1, on OL lot. He
stated that E. 111th St. becomes a one lane road, then dead ends at
Louisville. He added that another
residential development will begin on the other side of that dead end, so E.
111th St. will not become an arterial.
Comments and
Questions:
Mr.
Dunham agreed that E. 111th St. would not be opened up as an
arterial.
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, Perkins, "aye"; no "nays"; no
"abstentions"; Cooper "absent") to APPROVE
a Variance
of required setback from East 111th Street from 100 from centerline
to 83 from centerline, finding the hardship to be that 111th St.
will probably never be continued any further west than it exists now, 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, Block 1, South Yale Park, City of Tulsa, Tulsa County, State of Oklahoma.
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NEW
APPLICATIONS
Action
Requested:
Variance of maximum height permitted for a sign on a lot where abutting street is a designated freeway on the Major Street Plan from required 50 to 65 in a CS district, located 16415 E. Admiral Pl.
Presentation:
Terry Howard, 4411 S. Sheridan Rd., stated the property is in a
depression abutting the expressway.
Traffic coming from the west can barely see the sign because of the
elevation and a grove of trees block view of the sign for traffic from the
east. A site plan was
provided (Exhibits C-1a and 1b).
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,
Perkins "aye"; no "nays"; no "abstentions"; Cooper "absent") to
APPROVE a
Variance of maximum height permitted for a sign on a lot where
abutting street is a designated freeway on the Major Street Plan from required
50 to 65 in a CS district, per plan, finding the hardship to be the
particularly low property along an interstate highway, and other signs were
approved for elevation in the area, on the following described property:
Beg. 501.5 E & 40 N of SW/c of Lot 4; thence N 313.89 SE 162.85
curve length 122 E 85.56 to W right-of-way of 164th E. Ave. thence
S 242.50 to N right-of-way of Admiral Pl. thence W 358.01 to POB, less S 10
for street, Section 2, T-19-N, R-14-E, City of Tulsa, Tulsa County, State of
Oklahoma.
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Action
Requested:
Variance of required rear yard of 25 down to 16.9. SECTION 403. BULK AND AREA REQUIREMENTS IN THE
RESIDENTIAL DISTRICTS Use Unit 6; and a Variance of side yard abutting a
non-arterial street of 20 (for a garage) down to 17.5. SECTION 403. BULK AND AREA REQUIREMENTS IN THE
RESIDENTIAL DISTRICTS, located 5106 E. 22nd Pl.
Presentation:
Chet Cross, 5106 E. 22nd Pl., stated he was in the
process of having a garage built.
He submitted a packet of information (Exhibit B-1) to the Board. He planned for a paved driveway in front
of the garage. The hardships are
the sewer line across his property and a mature Catawba tree, and he would like
to keep the continuity of the architecture of the house. He obtained affidavits from his
neighbors in support of the application.
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,
Perkins "aye"; no "nays"; no "abstentions"; Cooper "absent") to
APPROVE a Variance of required rear yard of 25 down
to 16.9; and a Variance of side yard abutting a non-arterial
street of 20 (for a garage) down to 17.5, per plan, finding the hardships to
be the sewer line, Catawba tree, and there are numerous similar variances in the
immediate area, on the following described property:
Lot 1, Block 3, Gracemont 3rd, City of Tulsa, Tulsa County,
State of Oklahoma.
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Action
Requested:
Special Exception to use adjoining lot, under same ownership, to meet the parking requirements (12 spaces required) on a lot other than where the principal use is located. SECTION 1301.D., located E of SE/c E. Admiral & S. Lewis.
Presentation:
Steve Olson, 502 W. 6th, stated he was the architect
for St. Francis Catholic Church.
They want to expand their offices for meeting space and counseling
areas. There is enough parking on
both lots for the uses.
Interested
Parties:
Maria
Barnes,
2252 E. 7th St., President of Kendall-Whittier Neighborhood
Association. They are in support of
the application.
Board
Action:
On
MOTION of Dunham, the Board voted 4-0-0 (White, Dunham, Turnbo,
Perkins "aye"; no "nays"; no "abstentions"; Cooper "absent") to
APPROVE a
Special Exception to use adjoining lot, under same ownership, to
meet the parking requirements (12 spaces required) on a lot other than where the
principal use is located, subject to 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 4 and 5, Block 5, East Highland, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Review and approval of amended site plan. SECTION 901. PRINCIPAL USES
PERMITTED IN INDUSTRIAL DISTRICTS Use Unit 5, located NE/c E. Latimer & N.
129th E. Ave.
Presentation:
Wally Wozencraft, 1619 S. Boston, stated he was the architect for
the project at Church on the Move.
The site plan was previously approved, but since then they have decided
to consolidate the athletic activity on the eastern portion of the
property. An amended site plan was
provided (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,
Perkins "aye"; no "nays"; no "abstentions"; Cooper "absent") to
APPROVE a Review and approval of amended site plan, per plan
submitted today, on the following described property:
Lot 2, Block 1, Trinity Park, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Variance to allow more than one sign per street frontage. SECTION 604.B.4.b. ACCESSORY USES
PERMITTED IN OFFICE DISTRICTS; and a Variance of the maximum display surface
area. SECTION 604.B.4.c. ACCESSORY
USES PERMITTED IN OFFICE DISTRICTS, located 10820 E. 45th St. S.
Presentation:
Ed
Horkey, 4411, S. Sheridan Rd., with Commercial Sign and Neon, stated there
are two office buildings on the same property, with 32 square feet of
signage. The signage would be the
same style as the existing sign.
Mr. Horkey submitted a site plan, sketch of buildings, letter, and two
photos (Exhibits H-1, 2, 3, 4, and 5).
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,
Perkins "aye"; no "nays"; no "abstentions"; Cooper "absent") to
APPROVE a Variance to allow more than one sign per
street frontage; and a Variance of the maximum display surface
area, as the existing sign to allow for a Metropolitan College sign of 126
square feet on south wall of middle building, 10820 E. 45th St. S.,
finding the hardship to be the amount of street frontage 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:
Part of Lots 2 and 3, Block 2, Towne Center II, City of Tulsa, Tulsa County, State of Oklahoma, being more particularly described as follows, to-wit: Commencing at the SE/c of said Lot 2; thence N 56°3334 W a distance of 284.94 to the POB, said point being on the Sly boundary of Lot 2; thence N 19°3920 E a distance of 65.88; thence N 15°3728 E a distance of 300.00; thence N 74°2236 W a distance of 35.00; thence N 15°3728 E a distance of 110.00; thence N 51°2739 W a distance of 71.76; thence N 09°1546 E a distance of 0.00; thence NEly along a curve to the right, with a radius of 204.55, a distance of 78.54; thence N 36°5929 E a distance of 129.56; thence N 37°0003 E a distance of 2.50; thence N 51°2231 W a distance of 89.68; thence NWly along a curve to the right with a radius of 651.73, a distance of 2.32; thence S 38°4842 W a distance of 21.10; thence N 68°2217 W a distance of 0.00; thence Wly along a curve to the left, with a radius of 482.98, a distance of 189.56; thence S 89°0829 W a distance of 10.00; thence Wly along a curve to the right, with a radius of 566.38, a distance of 177.93; thence N 72°5131 W a distance of 135.27; thence S 17°0829 W a distance of 130.00; thence S 52°0728 W a distance of 120.67; thence S 37°5232 E a distance of 489.96; thence S 46°1609 E a distance of 313.83; thence S 56°3934 E a distance of 50.00 to the POB.
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Action
Requested:
Variance of setback from centerline of abutting streets to permit
monument sign 35 from the centerlines of South Boulder Avenue and East
15th Street.
SECTION 1221.C.6. USE UNIT 21.
BUSINESS SIGNS AND OUTDOOR ADVERTISING, General Use Conditions for
Business Signs Use Unit 11, located NE/c of E. 15th St. & S.
Boulder Ave.
Presentation:
John Moody, 1920 S. Utica, stated he represented UMB Financial, a
banking concern based in Kansas City, that has a branch facility in Tulsa. It will be a full-service facility on
Boulder. They would like the sign
on the southwest corner of their lot.
He stated that he has read the staff comments and understands there will
be a removal contract required for the existing sign on South Boulder. A site plan and sign plan (Exhibits I-1
and 2) were submitted.
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,
Perkins "aye"; no "nays"; no "abstentions"; Cooper "absent") to
APPROVE a Variance of setback from centerline of
abutting streets to permit monument sign 35 from the centerlines of South
Boulder Avenue and East 15th Street, subject to a removal contract on
the S. Boulder sign, 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:
Lots 12, 13, and 14, Block 1, Bayne Addition, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception to allow a minor repair and rehab of manufactured homes as they are placed on lot for sale. SECTION 702. ACCESSORY USES PERMITTED IN COMMERCIAL DISTRICTS Use Unit 17, located 11742 E. Admiral Pl.
Presentation:
Steve Taylor, 306 S. 116th E. Ave., stated the
application is regarding his business, Home Outlet of Tulsa. He purchased the property about six
months ago. He proposed to do any
needed minor interior repairs. He
submitted a petition of 71 signatures in support of the application (Exhibit
E-1) from the neighboring residents.
He let them know he was open to questions and discussion.
Interested
Parties:
Nancy
Craten,
245 S. 120th E. Ave., stated she is the President of the Western
Village Neighborhood Association.
She reminded the Board that she has been before the Board four times on
this property since July 1997. She
told the Board that this is not a personality issue. They respect Mr. Taylor and wish him
good success in business. The
neighborhood is concerned that with each of the last few tenants there was less
maintenance of the property until the neighbors made complaints to Neighborhood
Inspections. They asked that
repairs not be allowed on the property.
They are concerned about the appearance of the property.
Mr.
Cooper arrived at 1:50 p.m.
Ms.
Craten stated they were concerned about the noise level of repair work. They also want to be sure trash is not
allowed to buildup on or around the dumpster. They also do not want the property to be
crowded with too many homes.
William
Dalton, 115 S. 117th e. Pl.,
submitted a letter of opposition (Exhibit E-2). He stated the same concerns previously
mentioned.
Applicants
Rebuttal:
Mr.
Taylor indicated that being from this neighborhood since childhood, he wanted
the business to be an asset to the area.
He had reviewed the zoning code and found no restrictions to interior
repairs. He informed the Board that
replacing carpet and such minor repairs are part of the used home sales
business.
Comments
and Questions:
Mr.
Stump compared it to an auto sales business, that there would likely be minor
repairs and detailing to prepare the homes for sale. He considered minor interior repairs as
appropriate. Mr. Cooper was
concerned about noise generated by the repairs. Mr. Taylor responded that they might
occasionally use a skill saw, and a vacuum cleaner, but he did not expect it to
cause too much noise. Ms. Turnbo
expressed concern about a build-up of trash if there is very much repair, such
as old carpet, and old appliances.
Mr. Taylor replied that he has a dumpster that should be sufficient for
their needs. He considered the
percentage of noisy work to be about 5% of the time and it is done in the
daytime. Mr. Taylor informed the
Board that he takes in used late model homes that do not need extensive
repairs. He took two trade-in homes
but they were placed at the back out of sight. He owns one home at the back that he has
used for storage. Mr. Dunham asked
what precipitated this application.
Mr. Taylor responded that someone from Neighborhood Inspections talked
with him and informed him that repairs were not allowed on the property: