CITY BOARD OF ADJUSTMENT
Tuesday,
September 10, 2002, 1:00 p.m.
Francis
F. Campbell City Council Room
Plaza
Level of City Hall
Tulsa
Civic Center
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MEMBERS
PRESENT |
MEMBERS
ABSENT |
STAFF
PRESENT |
OTHERS
PRESENT |
|
Dunham,
Vice Chair |
|
Beach |
Boulden,
Legal |
|
Cooper Turnbo |
|
Butler
|
|
|
White,
Chair |
|
|
|
|
Perkins |
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The notice and agenda of said meeting was posted in the Office of INCOG, 201 W. 5th St., Suite 600, on Wednesday, September 4, 2002, at 3:20 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 1:01 p.m.
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 August 13, 2002, 2002 (No. 847).
Mr.
Cooper arrived at 1:04 p.m.
On
MOTION of Dunham, the Board
voted 5-0-0 (White, Dunham, Turnbo, Perkins, Cooper "aye"; no "nays"; no
"abstentions"; no "absences") to APPROVE the Minutes of August
27, 2002 (No. 848).
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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:
Charles E. Norman, 2900 Mid-Continent Tower, stated he represented
the owner of the building on the subject property and the Oklahoma National
Bank. He submitted a packet
including the site plan (Exhibit A-1).
The proposed signage includes a wall sign, a ground sign and a small logo
over the canopy of the new entry on the north entrance of the building. The permitted signage is 90.8 square
feet and they requested a total signage of 96 square feet. Mr. Norman pointed out that if the
property had been platted into three lots instead of two, they would have been
permitted 96 square feet by right.
Comments and
Questions:
Mr.
Dunham asked for the hardship. Mr.
Norman stated that the property was platted as two lots instead of
three.
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 permitted signage in an OM district, per plan, finding that the property was
platted into two lots instead of three, which would have met the standards and
the requested signage would have been permitted, on the following described
property:
Lot 2, Block 1, Amended Plat of Texaco Center Addition, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Variance to reduce the number of required parking spaces from 22 to 14
for a 1,600 square foot building.
SECTION 1212a.D. USE UNIT 12a.
ADULT ENTERTAINMENT ESTABLISHMENTS, Off-Street Parking and Loading
Requirements and SECTION 1303.
DESIGN STANDARDS FOR OFF-STREET PARKING AREAS Use Unit 12a, located
2630 E. 15th St. S.
Presentation:
R.L. Reynolds, 2727 E. 21st St., stated they revised
the site plan to make the parking spaces as close as possible to compliance with
the zoning code. Site plan was
provided (Exhibit B-1).
Comments and
Questions:
Ms.
Turnbo asked for the dimensions of the parking spaces. Mr. Reynolds described the spaces as
having a length of 18, a width of the diagonal spaces 10, and the other five
are 9. Mr. Dunham asked for the
hardship. Mr. Reynolds replied that
the hardship is, this has been a bar since 1949 and the zoning code
changed. He indicated they have not
had any parking problems. Ms.
Turnbo suggested a sign be posted for a turn-around at the far end of the
parking lot.
Interested
Parties:
Gerald Pace,
2618 E. 15th Pl., stated his main interest was the reason for
requesting fewer parking spaces, thinking the business was changing. He had no opposition to the
application.
Board
Action:
On MOTION
of Perkins,
the Board voted 5-0-0 (White, Dunham, Turnbo, Perkins, Cooper "aye"; no "nays";
no "abstentions"; no "absences") to APPROVE
a Variance
to reduce the number of required parking spaces from 22 to 14 for a 1,600 square
foot building, per plan, and to post a sign for turn around, 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 5, Block 1, Jean Heights Subdivision of Lots 21 and 24 of Glen Acres Addition, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Approval of amendments to previously approved plans to permit expansion
of track support building at north end of soccer-track field and add fencing
around track and soccer facility, located NW/c E. 6th St. & S.
Delaware Ave.
Presentation:
Charles E. Norman, 2900 Mid-Continent Tower, stated he represented
the University of Tulsa. He
mentioned the previous BOA approval of the plans for the new competitive soccer
field, track and stadium. He
explained the amendments requested for more building space and improved
fencing. He informed the Board that
it would not create need for additional parking or displace any planned
parking. Mr. Norman informed the
Board that they were going to upgrade the new fencing, so instead of painted
metal it will be extruded aluminum.
A site plan was provided (Exhibit C-1).
Interested
Parties:
Montel Clark,
2730 E. 4th St., expressed concern regarding any on-street parking,
since they have been inconvenienced by the construction for a long time.
Herb
Forrest,
2734 E. 4th St., stated his concerns were the same as Mr. Clark. Ms. Turnbo suggested he call his City
Councilor with these complaints, since they are not pertinent to this
application.
Maria
Barnes,
2252 E. 7th St., stated she is the President of the Kendall-Whittier
Neighborhood Association. She
understood this to be an addition of lockers, and improvement of the new
fencing. The association is in
support of this application.
Applicants
Rebuttal:
Mr.
Norman informed the Board that he has referred Mr. Forrest to a specific officer
in charge of the student housing.
He added that he would personally make a call regarding the
complaints. He reminded the Board
that they have constructed a two-sided very attractive screening fence on the
north side of the apartment complex with decorative lighting and a path that is
part of the trails system in 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
amendments
to previously approved plans to permit expansion of track support building at
north end of soccer-track field and add fencing around track and soccer
facility, per plan presented, on the following described property:
A tract of land that is all of Lots 12 through 21 in Block 5, and all of
Blocks 6, 7 and 8 of Highlands 2nd Addition, and also that part of
vacated 4th Pl. between Blocks 5 and 6, and vacated 5th
St. between Blocks 6 and 7, and vacated 5th Pl. between Blocks 7 and
8, all of Highlands 2nd Addition, and also part of vacated S.
Columbia Ave., said Tract of land being more particularly described as follows,
to-wit: Beg. at a point that is the
SW/c of said Block 8 of Highlands 2nd Addition; thence N
00°0300
E along the Wly line of said Block 8 and the Nly extension thereof for 350.00
to the SW/c of said Block 7; thence S 89°4027
W along the Wly extension of the Sly line of Block 7 for 25.00 to a point on
the centerline of vacated Columbia Ave.; thence N 00°0300
E along the centerline of said vacated Columbia Ave. for 820.49 to a point on
the Nly line of Lot 11, Block 5 of Highlands 2nd Addition; thence N
89°4600
E along the Nly line of Block 5 for 635.96 to the NE/c of said Block 5; thence
S 00°0258
E along the Ely line of Blocks 5 through 8 and the Wly right-of-way line of S.
Delaware Ave. for 1169.45 to the SE/c of said Block 8; thence S 89°4027
W along the Sly line of Block 8 for 613.00 to the POB of said tract of land,
all in the City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Variance of the required 50 setback from center of East 11th
Street planned right-of-way to 41 for new sign. SECTION 1221.C. USE UNIT
21. BUSINESS SIGNS AND OUTDOOR
ADVERTISING, General Use Conditions for Business Signs Use Unit 17, located
5508 E. 11th St.
Presentation:
Marie Bowers, 5508 E. 11th, submitted photos and sign
plan (Exhibit D-1) to the Board.
She stated that she has tried to advertise on both sides of the business
where access exists but it is not visible to traffic. She has made improvements to make it
more aesthetically pleasing. She
informed them she has a service department that is not visible from the
street. She asked for approval of
the proposed sign.
Comments and
Questions:
Mr.
Dunham informed Ms. Bowers that if the Board were inclined to approve the sign
it would be subject to a removal contract.
Interested
Parties:
There
were no interested parties who wished to speak.
Board
Action:
On
MOTION of Dunham, the Board voted 5-0-0 (White, Dunham, Turnbo,
Perkins, Cooper "aye"; no "nays"; no "abstentions"; no "absences") to
APPROVE a Variance of the required 50 setback from
center of East 11th Street planned right-of-way to 41 for new sign,
finding there is more right-of-way than will probably ever be needed, and
conforms with the other signs in the area, subject to a removal contract, on the
following described property:
A tract of land located in the NE/4 NW/4 of Section 10, T-19-N, R-13-E of the IBM, City of Tulsa, Tulsa County, State of Oklahoma, more particularly described as follows, to-wit: Beg. at a point 680.43 E and 35 S NW/c NE/4 NW/4, thence S 225.00, thence E 47.60, thence N 225.00, thence W 47.60 to the POB; AND Beg. at a point 35.00 S and 728.00 E of the NW/c NE/4 NW/4; thence S and parallel to the W line of said Section 10, a distance of 225.00 to a point thence E and parallel to the N line of said Section 10, a distance of 193.85 to a point on the W boundary of St. L & SF Ry. Co. (Howard Branch); thence NWly along W boundary of railroad right-of-way, a distance of 236.95 to a point 35.00 S of the N line of said Section 10; thence W and parallel to the N line of said Section 10, a distance of 125.00 to the POB.
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Action
Requested:
Variance to allow a structure in the planned right-of-way. SECTION 215. STRUCTURE SETBACK FROM ABUTTING STREETS
Use Unit 14, located 3504 E. 11th St.
Presentation:
Troy Taylor, 123 S. Front St., Memphis, Tennessee, stated he is a
Regional Design Manager for Auto Zone, Inc. He stated they are asking for nine
additional parking spaces as shown on the site plan (Exhibit E-1). He stated the hardship would be that
with an additional 50 from the centerline of 11th Street, it would
encroach on the usable construction area and the depth of the lot is only
140. The benefit would be less
congestion.
Comments and
Questions:
Mr.
Dunham asked if they would agree to a removal contract, should the City decide
to widen the street. Mr. Taylor
responded they had already decided to agree to a removal
contract.
Comments and
Questions:
Mr.
Cooper asked staff for the required parking for this property. Mr. Beach responded that the plan shows 34 parking spaces on site
and the requirement is 25 spaces.
If the nine parking spaces were removed they would still be in
compliance.
Interested
Parties:
Mike
Bagby,
3427 E. 12th St., stated the neighbors were in support of the
application.
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 structure in the
planned right-of-way, per plan, subject to a removal contract, finding the
overall situation will be better with the additional spaces than without it and
it is unlikely 11th Street will be widened, 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 9, 10, 11, 12, Block 1, Harvard Heights Addition, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception to permit a welding shop in a CH district. SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL DISTRICTS Use Unit 25, located 1120 South Hudson.
Presentation:
William Cleary, 13115 N. 150th E. Ave., Collinsville,
Oklahoma, stated he has a welding shop on 11th Street, at 5941 E.
11th. He proposes to
have a welding shop on the subject 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 to permit a welding shop
in a CH district, 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:
The S 150.00 of a tract of land, more particularly described as follows, to-wit: Beg. 35.00 S and 25.00 W of the NE/c NW/4; thence W 80.00; thence S 150.00 thence W 77.50; thence N 150.00; thence W 45.00; thence S 150.00; thence W 60; thence N 150.00 thence W to the railroad right-of-way; thence SEly along said railroad right-of-way 350.00 to a point; thence E 344.00; thence N 300.00 to the POB, in Section 10, T-19-N, R-13-E, of the IBM, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception to allow an existing non-conforming use, auto repair,
in a CS zoned district to add an addition to the building. USE UNIT 17 AUTOMOTIVE AND ALLIED
ACTIVITIES, located SE/c E. 25th Pl. & S. Sheridan.
Presentation:
Jimmy Strong, 11951 E. 17th St., stated he bought the
property and has been cleaning it up and making improvements. He submitted a packet with a site plan
(Exhibit F-1). He proposes to build
an additional building mainly to eliminate outside storage. He has communicated with the
neighborhood association and feels he has their support.
Comments and
Questions:
Mr.
Dunham noted the staff recommends an 8 screening fence. Mr. Strong was in agreement with the
recommendation. Mr. Cooper asked if
there would be any outside storage, to which Mr. Strong replied there would not
be any. Mr. Strong planned to leave
at least ten feet between the back of his building and the residential property
line.
Interested
Parties:
Rosie
Moon,
6601 E. 60th, stated she is a former resident of the
neighborhood. She stated her
support, and added that it is on 25th Place, not 25th
Street. She expressed concern for
traffic moving out on Sheridan from 25th Place. She pointed out the incline from the
south. She wondered if his business
would cause more traffic congestion.
Applicants
Rebuttal:
Mr.
Strong responded that he would have an overhead door on the north end of the
addition. He spoke with his
architect already about the error on the site plan labeling 25th
Street rather than 25th Place.
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 an existing
non-conforming use, auto repair, in a CS zoned district to add an addition to
the building, per plan, on condition there be no outside storage, and for an 8
high screening fence on the east property line, on the following described
property:
The W 206.00 N 105.00 S 300 S/2 NW/4 of Section 14, T-19-N, R-13-E of the IBM, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception to permit an electrical contract construction service
in a CS district. SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL
DISTRICTS Use Unit 15, located 11408 E. 19th St. S.
Presentation:
David Rogers, 1939 N. 289th E. Ave., Catoosa, Oklahoma,
stated his request for relief.
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 permit an electrical
contract construction service in a CS district, subject to the applicant meeting
all of the zoning requirements, on the following described
property:
W 109.50, Lot 2, Block 2, Tri Angle Commercial Park, City of Tulsa, Tulsa County, State of Oklahoma.
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There
being no further business, the meeting was adjourned at 1:55
p.m.
Date approved:______________________
__________________________________
Chair