CITY BOARD OF ADJUSTMENT
Tuesday,
July 9, 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 |
|
Beach |
Boulden,
Legal |
|
Cooper Turnbo |
|
Butler
|
Cox,
Neighborhood Insp. |
|
White,
Chair |
|
|
|
|
Perkins |
|
|
|
The notice and agenda of said meeting was posted in the Office of INCOG, 201 W. 5th St., Suite 600, on Wednesday, July 3, 2002, at 10:35 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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Mr.
Dunham arrived at 1:02 p.m.
Action
Requested:
Appeal from decision of Tulsa Preservation Commission in granting a
Certificate of Appropriateness to allow a five unit apartment building, located
NW/c 17th Pl. & S. Quincy Ave.
Presentation:
Paul Adkins, 1638 E. 17th Pl., asked for a continuance
of this case. A letter of request
for continuance was submitted (Exhibit A-1).
Board
Action:
On
MOTION of Turnbo, the Board voted 4-0-0 (White, Dunham, Turnbo,
Perkins "aye"; no "nays"; no "abstentions"; Cooper "absent") to
CONTINUE Case No. 19381 to the meeting on July 23, 2002.
Lot 8, Block 23, Orcutt Addition, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Review and approval of an amended site plan previously approved with conditions (BOA #19056), located 1432 S. Rockford.
Mr.
Beach stated the purpose of the application was to consider an amended site
plan. The new plan is not completed
yet.
Presentation:
Beth Mathers, 1401 E. 15th, stated she is waiting for
the architect to complete the site plan.
Mr. Cooper arrived at 1:05 p.m.
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 CONTINUE Case No. 19394 to the meeting on July 23, 2002.
Lots 8 and 9, Block 6, Bellview Addition, City of Tulsa, Tulsa County, State of Oklahoma.
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MINUTES:
On
MOTION of Dunham, the Board
voted 5-0-0 (White, Dunham, Perkins, Cooper, Turnbo "aye"; no "nays"; no
"abstentions"; no "absences") to APPROVE the Minutes of June 25,
2002 (No. 844), as amended.
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Action
Requested:
Variance to allow a detached
accessory building to be two-stories high and the exceed 10 to the top plate
and 18 to the ridge.
Presentation:
The
applicant was not present. The case
was tabled until later in the meeting.
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Variance to allow a carport in the side yard to be built to the property line. SECTION 403. BULK AND AREA REQUIREMENTS IN THE RESIDENTIAL DISTRICTS Use Unit 6, located 2132 S. Delaware Ct.
Presentation:
Edwin
Marla,
2132 S. Delaware Ct., has begun building a carport to the property line on the
north side of his house. It
will be open sided, with a gate at the end of it. It would be painted the same color as
the house. He talked with the
neighbors to the north and south and submitted letters of support (Exhibit C-3)
from each. A site plan was provided
(Exhibit C-1).
Comments and
Questions:
Mr.
Cooper asked for the hardship. Mr.
Marlar stated that flooding of his property is the hardship. The flooding covers his property, the
neighbors next door all the way back to the Broken Arrow Expressway. Mr. Cooper asked how the carport makes a
difference. Mr. Marlar replied that
it would not be on the lowest part of the property. Mr. Marlar submitted photographs
(Exhibit C-2) of other properties with carports.
Interested
Parties:
There
were no interested parties who wished to speak. Mr. White noted one interested party
suggested a condition for guttering.
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 carport in the side yard to be built to the property line, to remain
open-sided, with guttering to divert the water from the property to the north,
per plan, finding the hardship is that the property is in the flood plain and it
would be difficult to build a normal garage in the area, on the following
described property:
Lot 6, Block 3, Wilshire Manor, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Variance to allow a detached accessory building to be two-stories high
and to exceed 10 to the top plate and 18 to the ridge. SECTION 210.B. YARDS, Permitted
Obstructions in Required Yards Use Unit 6, located 1389 E. 27th
St.
Presentation:
Robert Giefer, 5350 E. 39th Pl., stated they propose to
build a two-story garage. The upper
level would be for personal storage only, no living quarters, and no
plumbing. The lower level
would be for garage.
Chuck Tolison, 1375 E. 27th St., submitted a brochure
with photographs (Exhibit B-2) of neighboring properties with similar
garages. He pointed out that 35% of
them have two-story garages.
Mr. Giefer stated the original garage was removed because of extensive termite damage. They would like to keep as much yard as possible, but they need the extra storage space. The older home does not have much storage space. He submitted a site plan (Exhibit B-1). The original had a second story servants quarters.
Comments and
Questions:
Ms.
Perkins asked what they did with the water lines. Mr. Giefer replied the lines were
removed.
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 detached accessory building to be two-stories high and to exceed 10
to the top plate and 18 to the ridge, per plan, for storage only, no living
quarters, on the following described property:
The W 25 of Lot 3 and all of Lot 4, Block 1, Sunset View Addition, City
of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception to permit a cable television utility facility in an RD
district. SECTION 401. PRINCIPAL USES PERMITTED IN RESIDENTIAL
DISTRICTS Use Unit 4, located 2115 S. 120th E. Ave.
Mr. White stated he would abstain from Case No.
19395.
Presentation:
Brett Peters, 6804 E. 44th St., stated he was with Cox
Communications. He described the
building as an unmanned facility that houses electronic equipment. There is a small cabinet existing at the
site currently. They have outgrown
the facility to provide advanced services.
There would be no tower.
The site would be visited of maintenance reasons only. A site plan was provided (Exhibit
D-1).
Comments and
Questions:
Mr.
Cooper asked for a description of the building. Mr. Peters responded it would be a 20 x
26 concrete, pre-fabricated building, and 12 in height. There would be an 8
fence.
Interested
Parties:
Chrisan Heffernan,
2141 S. 20th E. Ave., she described the area as broken into three
sections by the creek and her property faces the site. Since the cabinet was put in, there has
not been a driveway. The
maintenance person drives over the curb and up the handicap access from
21st to the property.
There is a lot of pedestrian traffic that cross the field. A lot of children during the school year
cross the field. She stated there
are several trucks at the facility each week. Ms. Heffernan mentioned there has been a
lot of theft in the neighborhood.
She was concerned that this facility might have items that would interest
thieves and increase theft in the area.
She asked about lighting of the facility also.
The
Board received a letter (Exhibit D-2) from J.D. and Sylvia Caldron listing
concerns regarding noise from the generator; the appearance of the building; too
much lighting; and the possibility of company trucks being parked at the
site.
Applicants
Rebuttal:
Mr.
Peters responded that a driveway was included in the site plan because of the
existing condition mentioned by Ms. Heffernan. He stated there would be only one light
at the door of the building, pointing down. The fencing surrounds their
structures. The generator would be
in sound attenuated housing, and it is on the opposite side of the property from
the residents. It would run once
per week for fifteen minutes, and they try to schedule it for the time of the
city siren testing. The generator
would run if electric power were out.
Comments and
Questions:
Ms.
Turnbo asked about the landscaping plans, noting the staff did not think they
were providing enough. Mr.
Peters replied that they would put in whatever is required. Mr. Cooper asked about vehicle storage
on this lot. Mr. Peters replied
that there would only be a truck there during maintenance.
Board
discussion ensued.
Board
Action:
On
MOTION
of Cooper,
the Board voted 4-0-1 (Dunham, Turnbo, Perkins, Cooper "aye"; no "nays"; White
"abstained"; no "absences") to APPROVE
a Special Exception
to permit a cable television utility facility in an RD district, per plan, with
conditions there be no communications tower on the site; no storage of vehicles;
any lighting would be shielded away from the neighborhood; limit approval to the
north 215 of the site; and generator will operate only during emergencies and
at such times needed to keep it operational, on the following described
property:
The N 275 of a tract of land in the E/2 NW/4 of Section 17, T-19-N,
R-14-E, of the IBM, City of Tulsa, Tulsa County, State of Oklahoma, being more
particularly described as follows, to-wit: Beg. at the NE/c E/2 NW/4 of said
Section 17; thence S 0°0541
E along the E line of said E/2 a distance of 500.00 to a point, said point
being the NE/c of Lot 1, Block 4, Leslie Leigh Second Addition; thence due W
along the N line of said Lot 1, a distance of 140.00; thence N 0°0541
W along the E line of S. 120th E. Ave., a distance of 500.00 to a
point on the N line of the NW/4 of said Section 17; thence due E a distance of
140.00 to the POB.
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Action
Requested:
Variance of required number and design of parking spaces for business
school. SECTION 1211. USE UNIT 11. OFFICES, STUDIOS, AND SUPPORT SERVICES;
SECTION 1302. SETBACKS; and SECTION
1303. DESIGN STANDARDS FOR
OFF-STREET PARKING AREAS Use Unit 11, located 2843 E. 51st
St.
Presentation:
Mr.
Johnsen stated he had a family medical emergency that caused him to be late and
he needed a few minutes with his client.
He asked the Board to table this case to later on the agenda. Mr. White agreed to do that.
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Action
Requested:
Variance of maximum structure height from 35 to 47 for an addition in an RS-3 district. SECTION 403.A. BULK AND AREA REQUIREMENTS IN THE RESIDENTIAL DISTRICTS, Bulk and Area Requirements in the RE, RS, RD, RT and RM Districts Use Unit 5; and a Variance of required 25 setback from abutting properties in an RS district to expand a parking lot. SECTION 404.F.4. SPECIAL EXCEPTION USES IN RESIDENTIAL DISTRICTS, REQUIREMENTS, located 2206 S. Lewis.
Presentation:
Wally Wozencraft, 1619 S. Boston, stated he is the architect for
the project for Monte Casino Schools.
They propose to build a three-story addition to the west end of the
present structure. The existing
structure is 24 in height at the east end. He added that the land slopes down on
the west end. To keep the
continuity of the present building he is asking for a variance of the 35 height
limit. He stated the expansion of
the parking would amount to fourteen additional parking spaces. A site plan and elevations (Exhibit E-1
and E-2) were provided.
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
maximum structure height from 35 to 47 for an addition in an RS-3 district;
and a Variance of required 25 setback from abutting properties in
an RS district to expand a parking lot, per plan, finding that it is consistent
with the existing structure, and the topography of the land requires the height
to exceed the allowable, 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:
Lots 1-11, Block 4; Lots 1-9, Block 5, Brentwood Heights, including that
part of vacated Zunis Ave. and E. 22nd St. adjacent to said lots; And
a tract of land in the NE/4 NE/4 of Section 18, T-19-N, R-13-E, described as
follows, to-wit: Beg. at the NE/c of said Section 18; thence Wly along the Nly
line of Section 18 for 1101.50 to the Ely line of S. Yorktown Ave.; thence Sly
along said Ely line produced for 150.00; thence to the right on a curve with a
radius of 1680.08 for 344.90; thence SWly along a tangent for 139.60; thence
Ely and parallel with the Nly line of Section 18 for 1170.00 to the E line of
Section 18; thence Nly along said E line for 630.00 to the POB of said tract of
land, less and except The Yorktown Addition, all located within the City of
Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Variance of minimum separation of an outdoor advertising sign from required 1,200 for a sign that is located between two other signs, one is 528 distant and the other is 624 from an existing advertising sign that is being rebuilt. SECTION 1221.F.2. USE UNIT 21. BUSINESS SIGNS AND OUTDOOR ADVERTISING, Use Conditions for Outdoor Advertising Signs Use Unit 21, located 3318 S. Santa Fe.
Presentation:
William Hickman, 8201 S. 69th E. Ave., stated he is
legal council for Ron Havens, and Clear Channel Outdoor. They propose to rebuild an old existing
non-conforming sign. The old sign
would be removed. The sign would be
moved back 24 from the nearest sign.
The dimensions and height would remain the same. It is a safety measure as well, to
protect the public from the dilapidated sign. A site plan (Exhibit F-1) was provided.
Comments and
Questions:
Mr.
Cooper noted they would be increasing the separation of the signs.
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
minimum separation of an outdoor advertising sign from required 1,200 for a
sign that is located between two other signs, one is 528 distant and the other
is 624 from an existing advertising sign that is being rebuilt, per plan, on
condition the sign remain the same height, finding the sign has been there in
excess of 20 years, and signage is the highest and best use of this property in
that location, at the following described property:
Beg. 404.4 E SW/c NW NW then E 160 to a point 100 W SE/c W/2 NW NW, then N 280 SWly 322.54 POB in Section 23, T-19-N, R-12-E, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Variance to permit two wall signs on the upper building faηade of the
west facing wall (S. Utica Ave.) identifying the Oklahoma Heart Institute at
Hillcrest Medical Center containing a total of 102.5 square feet of display
surface area and on the upper building faηade of the south facing wall (E.
13th St.) identifying the Oklahoma Heart Institute at Hillcrest
Medical Center containing a total of 102.5 square feet of display surface area,
located E side of Utica between 12th & 13th St.
Ms. Turnbo recused herself from Case No.
19399.
Presentation:
Charles Norman, 2900 Mid-Continent Tower, stated he was
representing Hillcrest Medical Center.
He added that six years ago he came before the Board for signage at this
location. He stated this is
part of a PUD for all of the Hillcrest complex. He submitted a site plan, photographs
and a scale drawing (Exhibit G-1, G-2 and G-3). He pointed out that tree growth has
obstructed the view of the signage.
They also proposed to include additional words to the Oklahoma Heart sign
to read Oklahoma Heart Institute at Hillcrest Medical Center. They became aware that patients
coming north from the Broken Arrow Expressway are having difficulty locating
this major clinic. They requested
to use a new material for the lettering that makes it appear black in the
daytime and with backlighting it appears white at night. He submitted samples of the material
(Exhibit G-4).
Interested
Parties:
Don
Barnham, 1910
E. 13th, stated he is President of the Terrace Drive Neighborhood
Association. He reminded the Board
that the association was also represented at the previous Board hearing of this
property. They asked at that time
for no lighting to be allowed; and that signage be made as small as
possible. He suggested that the
trees be removed or cut back for visibility of signage. He asked what they would do ten years
from now when the trees are even larger.
He questioned lighting these letters at night for a clinic.
Applicants
Rebuttal:
Mr. Norman responded that the signs could not go any higher. He noted that the signs are 30.9. It was his understanding that the trees would not be removed because the neighborhood insisted on them in the early planning of this development. He considers the request to be a modest change and compatible with the signage throughout the center.
Comments and
Questions:
Ms.
Perkins asked why they were asking for lighted letters now. He responded the tenant believes it
helps people to become familiar with the location of facilities within the
complex in the evening hours. He
replied that this is the softest lighting available and would be an acceptable
compromise for the tenants preference for lighted signs.
Board
Action:
On
MOTION of Dunham, the Board voted 3-1-1 (White, Dunham, Cooper
"aye"; Perkins "nay"; Turnbo "abstained"; no "absences") to
APPROVE a Variance to permit two wall signs on the
upper building faηade of the west facing wall (S. Utica Ave.) identifying the
Oklahoma Heart Institute at Hillcrest Medical Center containing a total of 102.5
square feet of display surface area and on the upper building faηade of the
south facing wall (E. 13th St.) identifying the Oklahoma Heart
Institute at Hillcrest Medical Center containing a total of 102.5 square feet of
display surface area, per plan, on condition that existing signs be removed,
finding the hardship to be the trees and the underlying zoning is too
restrictive for this type of facility, on the following described
property:
A tract of land that is part of Block 2 of Ridgedale Terrace Addition, City of Tulsa, Tulsa County, State of Oklahoma, said tract of land being more particularly described as follows, to-wit: starting at the SE/c of said Block 2; thence N 89°4000 W along the Sly line of Block 2 for 110.00 to the POB of said tract of land; thence continuing N 89°4000 W along said Sly line for 147.22; thence N 44°5000 W for 14.35; thence N 00°1945 E for 522.38; thence due N for 0.00 to a point of curve; thence Nly NEly and Ely along a curve to the right with a central angle of 88°3935 and a radius of 20.12 for 31.13 to a point of reverse curve; thence NEly along a curve to the left with a central angle of 30°5224 and a radius of 156.00 for 84.06 to a point of reverse curve; thence NEly and Ely along a curve to the right with a central angle of 32°0407 and a radius of 104.00 for 58.21; thence due S parallel with the Ely line of said Block 2 for 593.50 to the POB.
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Action
Requested:
Variance of required number and
design of parking spaces for business school. SECTION 1211. USE UNIT 11. OFFICES, STUDIOS, AND SUPPORT SERVICES;
SECTION 1302. SETBACKS; and SECTION
1303. DESIGN STANDARDS FOR
OFF-STREET PARKING AREAS Use Unit 11, located 2843 E. 51st
St.
Presentation:
Roy D. Johnsen, 201 W. 5th St., Ste. 501, stated he
appeared on behalf of the American Broadcasting School. The previous use was the Bryan Institute
that taught nursing. He stated that
the proposed use is more of a business school, Use Unit 11, than other
types. He noted there is not a
clear record in previous case minutes about the number of parking spaces
allowed. He mentioned that in 1993
the aisle space requirements were added to the code. He suggested there are 27 parking spaces
that meet the code design.
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 declare,
and to APPROVE a Variance of required number and
design of parking spaces for business school, on condition that the use would be
limited to a broadcast studio school and limited to 14 studios, finding that the
broadcast studio school use falls within a Use Unit 11, and the hardship to be
that this use is less intensive than the previous uses, on the following
described property:
S 215.00 of Lot 17, less S 15.00 thereof, Block 3, Villa Grove Subdivision, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Variance to permit a detached accessory building (carport) in the front
yard. SECTION 402.B. ACCESSORY USES
IN RESIDENTIAL DISTRICTS, Accessory Use Conditions Use Unit 6; a Variance of
minimum front yard setback from required 25 to 6. SECTION 403.A. BULK AND AREA
REQUIREMENTS IN THE RESIDENTIAL DISTRICTS, Bulk and Area Requirements in the RE,
RS, RD, RT and RM Districts; and a Variance of minimum side yard from 5 to 1
to permit a carport in an RS-3 district.
SECTION 403.A. BULK AND AREA REQUIREMENTS IN THE RESIDENTIAL DISTRICTS,
Bulk and Area Requirements in the RE, RS, RD, RT and RM Districts, located 1414
E. 49th Pl.
Presentation:
Robert L. Martinez, 1414 E. 49th Pl., proposed to build
a carport on the front of his residence.
It would be an open-beam structure and match the existing residence. He informed the Board that other
carports in his neighborhood are metal. He expects the carport to increase
the value of his property. He
informed the Board that his garage would not facilitate both of his
vehicles. Site plans were provided
to the Board (Exhibits H-1a and H-1b).
Interested
Parties:
Barbara Dickeson, 4927 S. Quincy Ave., stated she is a
fourteen-year resident and she has no objection to the application.
Mr.
Martinez stated that two other neighbors gave verbal support of the project,
Arney and Edna across the street and Christy Fell next door.
Comments and
Questions:
Mr.
Dunham noted a number of other carports in the area. Mr. White stated it would not impede
line of sight for traffic. Ms.
Turnbo agreed it is not injurious to the neighborhood.
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 permit a detached accessory
building (carport) in the front yard; a Variance of minimum front
yard setback from required 25 to 6; and a Variance of minimum
side yard from 5 to 1 to permit a carport in an RS-3 district, per plan,
finding carport is consistent with the numerous carports in the neighborhood,
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.
Lot 14, Block 11, Bellaire Acres Second Extension, City of Tulsa, Tulsa County, State of Oklahoma.