CITY BOARD OF ADJUSTMENT
Tuesday,
August 27, 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 Inspections |
|
White,
Chair |
|
|
|
|
Perkins |
|
|
|
The notice and agenda of said meeting was posted in the Office of INCOG, 201 W. 5th St., Suite 600, on Thursday, August 22, 2002, at 4:40 p.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 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:
Mr.
Beach informed the Board that the applicant withdrew the
application.
Board
Action:
No
Board action needed.
Lot
7, Block 15, Sunset Terrace Addition, City of Tulsa, Tulsa County, State of
Oklahoma.
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Action
Requested:
Variance of permitted signage in an OM district. SECTION 602.B.4. ACCESSORY USES
PERMITTED IN OFFICE DISTRICTS, Accessory Use Conditions, located 2424 E.
21st St.
Presentation:
Mr.
Beach stated the applicant asked for a continuance to the meeting on September
10, 2002.
Board
Action:
On
MOTION
of Turnbo,
the Board voted 4-0-0 (White, Perkins, Cooper, Turnbo "aye"; no "nays"; no
"abstentions"; Dunham "absent") to CONTINUE
Case No. 19411 to the meeting on September 10, 2002.
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Mr.
Dunham arrived at 1:05 p.m.
The
minutes of the meeting on August 13, 2002 will be presented for approval at the
meeting on September 10, 2002.
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Action
Requested:
Variance of required side yard from 5 to 2. SECTION 403. BULK AND AREA REQUIREMENTS IN THE RESIDENTIAL DISTRICTS; and a Variance of livability space from 4000 square feet to 3200 square feet. SECTION 403. BULK AND AREA REQUIREMENTS IN THE RESIDENTIAL DISTRICTS, located 1631 S. Delaware Pl.
Presentation:
William Elliott, 1631 S. Delaware, stated this case was continued
from July 23, 2002 for more relief.
There are no changes in the site plan (Exhibit B-1).
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 Variance
of required side yard from 5 to 2; and a Variance of livability space from
4000 square feet to 3200 square feet, per plan, finding this is an older home in
an older neighborhood, making it difficult to meet the current zoning
requirements, on the following described property:
Lot 17, Block 6, Avondale Addition to City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception to permit a car wash in a CS district. SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL
DISTRICTS Use Unit 17, located SE/c W. 61st St. & S.
33rd W. Ave.
Presentation:
Ronald Smith, Box 1106, Sapulpa, Oklahoma, he described the
surrounding properties with a shopping center, grocery store with gas pumps, a
convenience store with gas pumps, and a car wash. He believes the intended use would be
consistent with the area. A
site plan was provided (Exhibit A-1).
Interested
Parties:
Marion Robinson, 5116 W. 64th St., stated that he owns
the car wash across the street from the subject property. Last August an applicant was turned down
for a car wash in the same area. He
submitted a petition of opposition (Exhibit A-2), signed by about seventy
neighbors.
Diana Wallace, 8086 S. Yale, stated she did some research of
traffic in the area. She indicated
the traffic has increased but not enough to support another car wash. She reminded the Board that a lot of
people from the community came last year in protest of a second car wash. The business community is not in favor
of this application. She added that
she has taken out a loan to make improvements on the existing car
wash.
Comments and
Questions:
Ms.
Turnbo asked why it would be injurious to the neighborhood. Ms. Wallace replied that access to the
site would cause traffic problems.
She suspected there might be problems with water pressure. Mr. White noted that approval for
her car wash was granted in 1984, and asked if it has been in operation
continuously since then. Ms.
Wallace responded that it was out of service for 1 ½ to 2 years, maybe
more. He asked if she was aware
that a condition of the approval was that an attendant be present at the car
wash. Ms. Wallace responded they
plan to have an attendant. Ms.
Turnbo explained to her that they must have one to comply with the condition to
the approval. Ms. Perkins asked if
there is a screening fence on the east and north sides of her property. Ms. Wallace replied that there is and
they are in the process of making improvements.
Applicants
Rebuttal:
Mr. Smith informed the Board that the fact the existing car wash facility has been closed for around two years got his interest in opening a car wash. He did a lot of research and concluded there is enough business for both businesses. He spoke with the property owner that applied for a rezoning last year. The other businesses around are auto related. The exits and entrances are platted on the east and the south.
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 car wash in a CS district, per plan, 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:
Lot 1, Block 1, West Highlands Corner, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception for church use and accessory use in an RS-3
district. SECTION 401. PRINCIPAL USES PERMITTED IN RESIDENTIAL
DISTRICTS Use Unit 5, located 1412 S. 75th E. Ave.
Presentation:
Greg Rusco, 7316 E. 91st Pl., stated the owner of the
property intends to deed it to the church to build additional education space
sometime in the future.
Comments and
Questions:
Mr.
White asked if the existing garage would be removed. Mr. Rusco replied the garage would
remain and be used for additional education space. Mr. White noted there was a previous BOA
action on this property.
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 Special Exception
for church use and accessory use in an RS-3 district, subject to meeting all
screening, landscaping and other requirements when the parking lot is built,
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
21 and 22, Block 14, Eastmoor Park, City of Tulsa, Tulsa County, State of
Oklahoma.
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Action
Requested:
Special Exception to permit a scuba diving school as a home occupation in
an RS-3 district. SECTION
402.B.6.b. ACCESSORY USES IN RESIDENTIAL DISTRICTS, Accessory Use Conditions
Use Unit 11, located 7427 E. 74th St. S.
Mr. White abstained from Case No. 19433.
Presentation:
Nelson Johnson, 7427 E. 74th St., stated that he is the
owner of Island Quest Dive Center.
He explained that he would like to extend instruction to provide the
students experience in the pool at his home. The classroom training takes place at
his store at 71st and Memorial.
The controlled water pool instruction would be at his home. The third section of the course is an
open water dive at an area lake.
The average class is eight students for five hours. He would be willing to limit the
swimming pool session at his home to Saturdays from noon to 6:00 p.m., from
April through September. He has
employees but only he and his wife would teach at their home. He would be willing to transport the
students to and from his home to control traffic problems in his
neighborhood. He informed the Board
there would be no increase in noise or other activity that would cause neighbors
to be aware of the classes. He
stated that he reviewed and meets all of the home occupation requirements. He does not believe it would be
injurious to the neighborhood or otherwise detrimental to the public
welfare.
Comments and
Questions:
Mr.
Cooper asked about transportation of the students. Mr. Johnson responded that he could
transport them from the classroom in his Suburban or 18-passenger van and their
equipment to his home. Mr. Boulden
asked about advertising of his home as a location for the school. Mr. Johnson replied he would not. Mr. Beach asked if there would ever be
employees at the home during instruction.
Mr. Johnson replied that occasionally they might have some support staff
present, but they would not be teaching.
Mr. Beach informed him that would not be in compliance with the home
occupation rules. Mr. Beach read a
requirement that the home occupation would be conducted entirely within an
enclosed residential structure or customary accessory building. He asked Mr. Johnson if the pool was
enclosed, and he replied it is not.
Mr. Johnson stated that when he applied he was informed that it would
probably be alright. Ms. Turnbo
noted that he had not asked for that in the application.
Interested
Parties:
Dwight Reinke,
7412 E. 74th St., read a petition of opposition (Exhibit C-3) to the
Board. Some of the complaints
include instruction will be outside the home; has conducted the classes on
Saturdays and Sundays, morning and evening; business trailer parked on street,
sometimes on the wrong side of the street; concern for danger from the
compressed air tanks; and advertisement of business on the trailer.
Pam
White,
7132 S. 77th E. Ave., expressed her concerns for the safety of senior
citizens and children in the neighborhood. Complaints included numerous cars
parked on the street during the classes; unfamiliar public in the neighborhood;
emergency vehicles would not be able to get through; business trailer too large
to be parked on the street;
Ruth
Romero,
7401 S. 77th E. Ave., submitted photographs (Exhibit C-2). She was concerned for traffic
problems.
A set
of photographs and copy of a Zoning Notice of Violation (Exhibit C-1) were
provided to the Board. A letter and
signatures of interested parties present were submitted (Exhibit
C-4).
Applicants
Rebuttal:
Mr. Johnson stated that it appeared the main concern is traffic flow problem. He responded that he could alleviate that by transporting the students to and from the house. He informed the Board that his trailer is stored at his store. Mr. Cooper asked about noise in the back yard on class days. Mr. Johnson replied the only noise is when he talks to the students.
Board
Action:
On
MOTION of Perkins, the Board voted 4-0-1 (Dunham, Turnbo, Perkins,
Cooper "aye"; no "nays"; White "abstained"; no "absences") to DENY
a Special Exception to permit a scuba diving school as a home
occupation in an RS-3 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:
Lot 18, Block 10, Quail Creek Blocks 9 through 13, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Variance of amount of required rear yard an accessory building may occupy
from 30% (322.5 square feet) to 36.2% (388.5 square feet). SECTION 210.B.5.a. YARDS, Permitted Obstructions in
Required Yards, located 1716 E. 14th Pl.
Presentation:
Larry Faucett, 1716 E. 14th Pl., stated the garage was
constructed on the existing slab of the original garage.
Comments and
Questions:
Mr.
White asked what happened to the original garage. Mr. Faucett responded that termites
destroyed it and it was falling down, so he removed it.
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 Variance of amount of required rear yard
an accessory building may occupy from 30% (322.5 square feet) to 36.2% (388.5
square feet), finding the hardship to be that the garage was built on the
existing slab, not enlarged and it was built before the code, on the following
described property:
Lot 7, Block 3, Terrace Drive Addition, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception to allow a U.U. 16, boat storage, in a CS zoned district. SECTION 701 PRINCIPAL USES PERMITTED IN COMMERCIAL DISTRICTS - Use Unit 16; and a Variance to waive the requirements of the landscape chapter. CHAPTER 10, LANDSCAPE REQUIREMENTS, located 1224 South Memorial.
Presentation:
Robert Sartin, 610 S. Main, Ste. 300, stated the proposed use is
for boat storage. He informed the Board that the local homeowners association
supports the application. The
waiver of the landscaping requirements stems from the nature of the property,
since there is a 15 drive accessing the property and cannot landscape it. A site plan was provided (Exhibit
D-1).
Comments and
Questions:
Mr.
White stated the Board received a letter from Al Nichols for the Mingo Valley
Homeowners Association in support of the application (Exhibit D-2). Mr. Sartin assured the Board all storage
would be inside.
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 Special
Exception to
allow a U.U. 16, boat storage, in a CS zoned district, per plan; and a
Variance to waive the requirements of the landscape chapter,
finding the hardship to be that the property is mostly isolated, and landscaping
in this area would serve no purpose, on the following described property:
Lot 1, less N 150.00 E 270.35 thereof, Block 1, Torn Terrace Addition, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Variance of required setback from abutting properties in an R zoned district. SECTION 404.F.4. SPECIAL EXCEPTION USES IN RESIDENTIAL DISTRICTS, REQUIREMENTS Use Unit 5, located 3040 N. Kenosha Ave.
Presentation:
Lynn Smith, 3040 N. Kenosha, stated she was representing
Breakthrough Ministries. The
ministry owns the property around the church and they propose to build an
activity center behind the existing church building.
Comments and
Questions:
Ms.
Perkins asked for the types of activities, days and hours of operation. Ms. Smith stated Wednesday night
for Bible study, Saturday it would be open for indoor games. She added that it would also have a
computer lab. Mr. Beach noted
the new building would only be two feet and 6 inches from the property line
along Kenosha. Ms. Smith replied
that they have the paperwork in place for that portion of Kenosha to be
closed. Mr. Beach stated that as
long as the street is open there the relief would be required.
Interested
Parties:
Richard Jones,
3328 N. Garrison Pl., stated he represented his uncle that owns property
nearby. He wanted to know what the
application is about. Mr. White
explained it is a variance for approaching the property lines in a different
manner.
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
required setback from abutting properties in an R zoned district, finding that
most of the properties are vacant; and to CONTINUE Case No. 19436
to the meeting on September 24, 2002 to advertise for additional relief,
regarding the following described property:
Lots 1, 2, 3, 21, 22, 23 and 24, Block 10, Standard Heights Addition, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception to permit the Center for the Physically Limited under
Use Unit 5, in the IM and RM-3 zoning districts. SECTION 901. PRINCIPAL USES PERMITTED IN INDUSTRIAL
DISTRICTS and SECTION 401.
PRINCIPAL USES PERMITTED IN RESIDENTIAL DISTRICTS Use Unit 5; a Special
Exception to permit required off-street parking to be located on a lot other
than the lots containing the new Center building. SECTION 1301.D. GENERAL REQUIREMENTS; a Variance of the
building setback required in an IM zoning district from the centerline of South
Utica Avenue from 85 to 55 for approximately 75. SECTION 903. BULK AND AREA REQUIREMENTS IN THE
INDUSTRIAL DISTRICTS; a Variance of the building setback required in an IM
zoning district from the centerline of East 8th Street in two
locations from 50 to 30. SECTION
903. BULK AND AREA REQUIREMENTS IN
THE INDUSTRIAL DISTRICTS; a Variance of the building setback required in an RM-3
district from the centerline of East 8th Street from 50 to 30. SECTION 403. BULK AND AREA REQUIREMENTS IN THE
RESIDENTIAL DISTRICTS; a Variance of the building setback required in an IM
district abutting an R district from 75 to 0. SECTION 903. BULK AND AREA REQUIREMENTS IN THE
INDUSTRIAL DISTRICTS; a Variance of the required off-street parking area setback
of the off-street parking area in the IM district within 50 of an R district
from 50 to 0. SECTION
1302.B. SETBACKS; a Variance of the
requirement that 15% of the required street yard on East 8th Street
be established and maintained as a landscaped area. SECTION 1002.A.1. LANDSCAPE
REQUIREMENTS, Frontage and Perimeter Requirements; and a Variance to permit the
required number of trees within a street yard to be located throughout the
Center site. SECTION 1002.C.
LANDSCAPE REQUIREMENTS, Tree Requirements, located S side of E. 8th
St. between Utica & Wheeling.
Presentation:
Charles E. Norman, 2900 Mid-Continent Tower, stated he represented
the Center for the Physically Limited.
He provided a site plan (Exhibit E-1) to the Board. He reviewed the zoning involved and the
construction phases. The plan is to
completely remove the structure built in the 1960s and to construct an entirely
new facility. He pointed out
the one-way access for the benefit of the handicapped and multiple other
accesses. He also pointed out a
separate corridor with access to meeting rooms and other parts of the
facility. The hardship is the
particular needs of the residents.
The facility at this location is the Murdock Villa, a multi-story
apartment building constructed for the physically limited, is leased by the
Tulsa Housing Authority. He further
explained the needs for each relief requested and assured the Board it would not
be incompatible with anything existing there or that would be in the IM
district.
Interested
Parties:
Maria
Barnes,
2252 E. 7th St., stated she considers it a good plan and a major
improvement for the neighborhood.
She is in support of the application. She appreciated all of the trees and
landscaping planned.
Mr.
Norman stated that the property would be re-platted.
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 the Center for
the Physically Limited under Use Unit 5, in the IM and RM-3 zoning districts; a
Special Exception to permit required off-street parking to be
located on a lot other than the lots containing the new Center building; a
Variance of the building setback required in an IM zoning district
from the centerline of South Utica Avenue from 85 to 55 for approximately 75;
a Variance of the building setback required in an IM zoning
district from the centerline of East 8th Street in two locations from
50 to 30; a Variance of the building setback required in an RM-3
district from the centerline of East 8th Street from 50 to 30; a
Variance of the building setback required in an IM district
abutting an R district from 75 to 0; a Variance of the required
off-street parking area setback of the off-street parking area in the IM
district within 50 of an R district from 50 to 0; a Variance of
the requirement that 15% of the required street yard on East 8th
Street be established and maintained as a landscaped area; and a
Variance to permit the required number of trees within a street
yard to be located throughout the Center site, per plan, finding this to be
compatible with the neighborhood, with multiple hardships, 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 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14, Block 3, Clover Ridge Addition, and Lots 1, 2, 3, 10, 11 and 12, Farmers Subdivision, a Subdivision of Lot 16, Block 3 Clover Ridge Addition, and Lots 4, 5, and 6, Block 1, and Lots 5 and 6, Block 2, Ferrell Addition, a Subdivision of Lot 15, Block 3, Clover Ridge Addition, all in the City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Variance of 300 setback to 163 from residential zoning to permit
open-air storage of merchandise in back of building. SECTION 1217.C.2. USE UNIT 17. AUTOMOTIVE AND ALLIED ACTIVITIES, Use
Conditions; and a Special Exception to permit existing, Use Unit 17, tire store
in a CS district. SECTION
701. PRINCIPAL USES PERMITTED IN
COMMERCIAL DISTRICTS Use Unit 17, located 250 S of SE/c E. 46th
St. N. & N. Peoria.
Presentation:
John Moody, 1924 S. Utica, stated he represented Don and Susie
Hux, owners of the property. Mr.
Hux bought the property as vacant and abandoned property about nineteen years
ago. The public had been dumping
all kinds of things on the property.
He cleaned up the property and started a tire recycling business. He had a contract with the City of Tulsa
to clean up tires from illegal tire dumps, and sell them across the country to
people who used them for various products.
When the operation first started, he was not aware of the need for
special zoning. Neighborhood
Inspections cited him. He has
cleaned up a substantial portion of the property. He is presently paving with
asphalt. Neighborhood Inspections
cited him for storing large truck tires in an area surrounded by a cyclone
fence. He pointed out that large trees and vegetation completely screen the
property from the R zoned district.
There is no residential development in the R district. They have scheduled to move the
old tires on semi-trailers out next week.
They have listed the north portion of the property for sale. Dwain Midget came to this hearing to be
sure this application would not conflict with the improvements they are trying
to make in the area. He was
satisfied with the application and gave Mr. Moody permission to say so. Mr. Hux made contact with the North
Peoria Association and will continue to work with them to improve the area with
his business. The hardship is that
the property is an irregular shaped tract and narrow. A site plan was provided (Exhibit
F-1).
Interested
Parties:
Kevin
Cox,
111 S. Greenwood, with Neighborhood Inspections, stated that the BOA Case No.
13800 was not listed as a previous action.
Mrs. Hux applied for a Special Exception for U.U. 17, and a variance for
outside storage of tires. The
outside storage was denied in October 1985. They have received numerous complaints
on the property. He stated that he
has been working this property since October 2000 until last month, and yet it
is still in violation of the 300 of outside storage. He noted that a lot of clean up has been
done. He questioned what type of
storage would be allowed in the 50 x 90 outside storage, if it would be
randomly thrown in or stored on racks.
Photographs
were provided to the Board (Exhibit F-2).