CITY BOARD OF ADJUSTMENT
MINUTES
of Meeting No. 852
Francis
F. Campbell City Council Room
Plaza
Level of City Hall
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MEMBERS
PRESENT |
MEMBERS
ABSENT |
STAFF
PRESENT |
OTHERS
PRESENT |
|
Dunham,
Vice Chair |
Turnbo |
Beach |
Boulden,
Legal |
|
Cooper Perkins |
|
|
|
|
White,
Chair |
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|
|
The notice and amended agenda of said meeting was posted at
the City Clerks office, City Hall, on
After declaring a quorum
present, Chair, White called the meeting to order at
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Mr. Jim Beach
read the rules and procedures for the Board of Adjustment Public
Hearing.
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CONTINUATIONS
AND CASES WITHDRAWN
Case
No. 19461
Action
Requested:
Special Exception to permit Use Unit 14 in an IM zoned district. SECTION
901. PRINCIPAL USES
PERMITTED IN INDUSTRIAL DISTRICTS Use Unit 14 & 15; and a Variance of
required parking from 86 to 84 spaces.
SECTION 1215.D. USE UNIT 15. OTHER TRADES AND SERVICES, Off-Street
Parking and Loading Requirements, located
Presentation:
Mr. Beach announced the applicant requested a continuance to
Board Action:
On MOTION of Dunham, the Board voted 3-0-0 (White,
Dunham, Perkins, "aye"; no "nays"; no "abstentions"; Turnbo, Cooper no "absent")
to CONTINUE Case 19461 to the
meeting on November 12, 2002, regarding the following described property:
A tract of land in the NE/4 of Section 10, T-19-N, R-13-E of the IBM,
City of Tulsa, Tulsa County, State of Oklahoma, said tract being that part of
the SW/4 SW/4 NE/4 NE/4 less
the S 30.00 thereof, and a part of the NW/4 SW/4 NE/4 NE/4 and a part of the SW/4 NW/4 NE/4 NE/4 less the W 150.00 of the N 50.00, and a part of the
SE/4 SW/4 NE/4 NE/4, more particularly described as:
Beg. at a point, said Point being on the N right-of-way line of 13th
Street, a distance of 30.00 N 0°2740
E of the SW/c NE/4 NE/4 of Section 10, with bearings
based on the S boundary of Section 10 being due E; thence N 89°5548
E along the N right-of-way line of 13th Street a distance of 593.66
to a point for corner, said Point being the intersection of the N right-of way
line of 13th Street and the W right-of-way line of Norwood Ave.;
thence N 0°2648
E, along the W right-of-way line of Norwood Ave. a distance of 272.13 to a
point for corner, said point being 1,025.45 S (along the E boundary of Section
10) and 730.00 W (perpendicular to the E boundary of Section 10) of the NE/c of
Section 10; thence N 89°3312
W, a distance of 263.50 to a point for corner; thence N 0°2740
E a distance of 685.49 to a point for corner; thence S 89°5548
W, a distance of 180.00 to a point for corner; thence S 0°2740
W a distance of 50.00 to a point for corner; thence S 89°5548
W, a distance of 150.00 to a point
for corner on the W boundary of the SW/4 NW/4 NE/4 NE/4 of Section 10; thence S 0°2740
W, a distance of 910.00 to the POB.
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Case
No. 19467
Action
Requested:
Variance of the average lot width in an RS-1 zoned district from 100 to
80. SECTION
403. BULK AND AREA
REQUIREMENTS IN THE RESIDENTIAL DISTRICTS Use Unit 6, located 4455
Presentation:
Mr. Beach informed the Board that it was discovered today the applicant
has not requested enough relief.
The applicant requests a continuance to
Board Action:
On MOTION of Dunham, the Board voted 3-0-0 (White,
Dunham, Perkins, "aye"; no "nays"; no "abstentions"; Cooper, Turnbo "absent") to
CONTINUE Case No. 19467 to
the meeting on November 12, 2002 to allow the applicant to provide more
information for a new notice, regarding the following described
property:
Lot 6, Block 2, Villa Grove Park, City of Tulsa, Tulsa County, State of
Oklahoma.
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MINUTES
On
MOTION of Dunham, the Board voted
3-0-0 (White, Dunham, Perkins, "aye"; no "nays"; no "abstentions"; Turnbo,
Cooper "absent") to APPROVE
the Minutes of October 8, 2002 (No. 851).
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Action
Requested:
The Board tabled this case until Mr. Coopers
arrival.
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NEW
APPLICATIONS
Case
No. 19456
Action Requested:
Mr. White discovered he would need to abstain. The case was tabled until Mr. Coopers
arrival.
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Case
No. 19457
Action
Requested:
Variance of the required side setback from 15 to 5 9
to rebuild a non-conforming building and to add an addition on the rear of the
existing house. SECTION 403.
BULK AND AREA REQUIREMENTS IN THE RESIDENTIAL DISTRICTS Use Unit 6,
located
Presentation:
Alan Staab stated he is the home owner and Brian L. Freese, 6144 S. Lewis, #300, is the architect for this
project. The existing structure is
non-compliant, as it was built before the zoning changes. They propose to extend the garage wall
to the south an additional 14, which would bring it to 59 from the lot
line. The back yard slopes down to
the 100 year flood plain line, prohibiting building further in that
direction. They have shared the
plans with the neighbors to the west and they have no objection to the
application. A site plan was
provided (Exhibit B-1).
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, Perkins, "aye"; no "nays"; no "abstentions"; Turnbo, Cooper "absent") to
APPROVE a Variance of the required side
setback from 15 to 5 9 to rebuild a non-conforming building and to add an
addition on the rear of the existing house, per plan, finding this is the
continuation of an existing non-conforming building, and finding it will not
cause substantial detriment to the public good or impair the purposes, spirit,
and intent of the Code, or the Comprehensive Plan, on the following described
property:
All of
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Action
Requested:
Variance of 47.5 square feet (display area) to allow
101.17 square feet (ground sign on
Presentation:
Randall Pickard, 10051 S.
Yale,
Interested
Parties:
Ronald Hale,
Comments and
Questions:
Mr. Beach commented there is nothing in the zoning code that prohibits a
driveway access in an OL zoning to access a residential street. Mr. White recalled the same concerns in
the application the year before.
After lengthy discussion the Board determined that moving the drive
farther to the west would resolve the problem.
Applicants
Rebuttal:
Mr.
Pickard reminded the Board that the sign would have a ten-foot clearance.
Cooper arrived at
He
reiterated that though the subject property is OL, the surrounding property is
commercial with more intense use and provides a compatible use for this type of
sign. He reminded the Board that
the special exception was approved, which allows for a more intense use. This is one of several locations for
this business, this one having the particular use of a drive-through
window. The signs are ready-made,
and ready to install on site. He
felt it would be an unnecessary hardship to require Arvest Bank to make a
special variation of the sign for this one location.
Comments and
Questions:
Ms. Perkins noted that he is establishing a financial hardship, which the
Board cannot consider. Mr. Pickard
responded that to lower the sign would make it more accessible to vandalism; the
electrical code requires that it be at least 10 high. He asked if the Board was inclined to
approve the variance that they include the time and temperature as a community
service.
Cooper stated he would abstain since he did not hear the
presentation.
Board
Action:
On
MOTION of Dunham, the Board voted 3-0-1 (White,
Dunham, Perkins, "aye"; no "nays"; Cooper "abstained"; Turnbo "absent") to DENY a Variance of 47.5 square feet
(display area) to allow 101.17 square feet (ground sign on Memorial Drive
frontage); a Variance of height of sign from 20
to 23-11; and a Variance to allow a changeable copy
sign to show time and temperature, finding a lack of hardship, on the following
described property:
A part of the E/2 SE/4 NE/4 of Section 2, T-19-N, R-13-E, of the IBM,
City of
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CASE
FOR RECONSIDERATION
Action
Requested:
Special Exception to allow a sporting goods store with
1,000 square feet of customer food service area. SECTION
1212.D. USE UNIT 12. EATING ESTABLISHMENTS
OTHER THAN DRIVE-INS, Off-Street Parking and Loading Requirements; Variance from
the required 118 parking spaces to 87 parking spaces. SECTION 1214.D. USE
UNIT 14. SHOPPING GOODS AND
SERVICES, Off-Street Parking and Loading Requirements, located
Presentation:
Raymond Lord, 1703 E. Skelly, stated he was working with the Dentons on this case.
Since the last hearing of this case Robert Studebaker obtained signatures
on a petition requesting reconsideration and approval of this application.
Comments and
Questions:
Mr. White asked if any of the interested parties present at the last
meeting have changed their minds.
Mr. Lord replied that Dr. Katz has changed from a neutral position to
being fully in favor of the application since he heard more about the
project. Mr. White noted the
petition signatures are mostly businesses from 41st to
46th S. Harvard. Mr.
Lord pointed out the first four pages are businesses
and the last two pages are residential.
Mr. White stated the residential addresses are about ½ mile east of
Harvard, and he was looking for some on
Board
Action:
On
MOTION of Dunham, the Board voted 4-0-0 (White,
Dunham, Perkins, Cooper "aye"; no "nays"; no "abstentions"; Turnbo "absent") to
CONTINUE Case No. 19453 to
the meeting on November 26, 2002 for reconsideration, regarding the following
described property:
All of Courte House, a Re-subdivision of Lots 4
& 5, Block 2,
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Action
Requested:
Variance of requirement of 20 building line in back
yard to 5. SECTION 403.
BULK AND AREA REQUIREMENTS IN THE RESIDENTIAL DISTRICTS Use Unit 6; a
Variance of requirement that the dwelling cannot take up more than 20% of
required rear yard to 25%. SECTION 210.B. YARDS, Permitted Obstructions in Required Yards; and
a Variance for swimming pool to be placed in side yard. SECTION 210.B. YARDS,
Permitted Obstructions in Required Yards, located 204 E. 27th
Pl.
Presentation:
Scott Veach, stated he is the
owner of the subject property. They
propose to build a breezeway, attaching the detached garage and the house
only. He submitted a revised site
plan (Exhibit A-1).
Comments and
Questions:
The Board and staff determined that the breezeway will not make the
garage an attached garage.
The breezeway is considered an accessory building as
well.
Interested
Parties:
Larry Henry,
Board
Action:
On MOTION of Cooper, the Board voted 3-0-1 (Dunham,
Perkins, Cooper "aye"; no "nays"; White "abstained"; Turnbo "absences") to APPROVE a Variance of requirement that the
dwelling cannot take up more than 20% of required rear yard to 25%, per the plan
as re-submitted for the breezeway only, and does not include anything on the
plan labeled new, finding the shape of the lot creates a hardship for the
property, as described:
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Action
Requested:
Variance of the required 25 setback to
18. SECTION 403.
BULK AND AREA REQUIREMENTS IN THE RESIDENTIAL DISTRICTS
--
Use Unit 6; and a Variance of the allowable building height in an RS district
from 35 to 36 for an addition to an existing dwelling. SECTION
403. BULK AND AREA
REQUIREMENTS IN THE RESIDENTIAL DISTRICTS, located
Presentation:
Roger Coffey, 324 E. 3rd, with Olsen, Coffey Architects, stated
he represented the owners Richard and Beverly Schafer. They propose to remove the existing
garage and build a new rear wing to the residence and new attached garage. It would require building within 18 of
the rear property line, in order to construct a driveway to the garage. The Tudor design has a steeply pitched
roof and with a ridge height of about 37. A site plan and documentation of square
footage was provided (Exhibits D-1 and D-2).
Comments and
Questions:
Mr. Dunham noted that the new structure would not protrude as far into
the back yard as the existing structure.
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, Perkins, Cooper "aye"; no "nays"; no "abstentions"; Turnbo "absent") to
APPROVE a Variance of the
required 25 setback to 18; and a Variance of the allowable building height in
an RS district from 35 to 36 for an addition to an existing dwelling, per
plan, finding the addition and change in the property will be less intrusive
than existing conditions, and finding it will not cause substantial detriment to
the public good or impair the purposes, spirit, and intent of the Code, or the
Comprehensive Plan, on the following described property:
Lot 4, Block 8, Sunset Park Addition, City of Tulsa, Tulsa County, State
of Oklahoma.
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Action
Requested:
Variance of 150 square feet display surface area and 20 height sign
restrictions in an RM-1 district to permit relocation of an existing
non-conforming sign. SECTION
402.B.4.b. ACCESSORY USES IN RESIDENTIAL DISTRICTS, Accessory Use Conditions
Use Unit 8, located S & W of SW/c E. Skelly Dr.
&
Presentation:
John W. Moody, 1924
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, Perkins, Cooper "aye"; no "nays"; no "abstentions"; Turnbo "absent") to
APPROVE a Variance of 150 square feet display
surface area and 20 height sign restrictions in an RM-1 district to permit
relocation of an existing non-conforming sign, per plan, finding the sign is a
legal non-conforming use, and the move was imposed by highway improvement plans,
on the following described property:
Lots 1 and 2, Block 40, of Blocks 39 and 40, Longview
Lake Estates, City of
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