COUNTY BOARD OF ADJUSTMENT
Tuesday,
January 16, 2001, 1:30 p.m.
|
Alberty |
|
Butler |
West,
Zoning |
|
Tyndall |
|
Fernandez |
|
|
Walker,
Chair |
|
|
|
|
Looney |
|
|
|
|
Dillard |
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The notice
and agenda of said meeting were posted in the Office of INCOG, 201 W.
5th St., Suite 600, Wednesday, January 10, 2001 at 3:02 p.m., as well
as at the City Clerk’s office, City Hall.
After
declaring a quorum present, Chair Walker called the meeting to order at 1:33
p.m.
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MINUTES:
On MOTION of Alberty, the Board voted 4-0-0
(Alberty, Dillard, Walker, Tyndall "aye"; no "nays", no "abstentions”; Looney,
"absent") to APPROVE the
Minutes of December 19, 2000 (No. 247).
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UNFINISHED
BUSINESS
Action
Requested:
Special Exception to permit a single family dwelling in a CS district;
Section 710 PRINCIPAL USES PERMITTED IN COMMERCIAL DISTRICTS, located 6841 N.
Peoria.
Presentation:
Charles Hennessey, 6841 N. Peoria, stated the case was continued
for advertisement of additional relief.
Interested
Parties:
There were no interested parties
who wished to speak.
Board
Action:
On
Motion
of Alberty,
the Board voted 4-0-0 (Walker, Alberty, Tyndall, Dillard, “aye”; no “nays”; no
“abstentions”; Looney “absent”) to
APPROVE
a Special Exception to permit a
single family dwelling in a CS district, as indicated finding that 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 N 53’ of the
N 80’ of Lot 7 and the S 27’ of the N 80’ of Lot 7 and the N 120’ of the S 220’
of Lot 7, all in Block 10, Golden Hill Addition to the City of Tulsa, Tulsa
County, State of Oklahoma.
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Action
Requested:
Special Exception to an AG zoned district for Use Unit 20, Commercial
Recreation – Intensive: Paintball Field.
SECTION 310. PRINCIPAL USES
PERMITTED IN THE AGRICULTURE DISTRICT – Use Unit 20; a Variance to permit 30
paved parking spaces; and an Appeal of Administrative Official’s Notice to stop
and remove all business activity and related equipment dated October 16, 2000,
located 12731 N. 118th E. Ave.
Presentation:
Lawrence Taylor, attorney, 3223 E. 31st St., Ste. 211,
stated he represented Paintball Land, Inc.
He introduced Jesse and Donna Tow, the principals of Paintball Land,
Inc., and Wayne Snodgrass, a neighbor on property adjacent to and across the
street from the subject property, in support of the application. Mr. Taylor stated the relief
requested and submitted a packet of exhibit photos, and maps (Exhibit A-1). He described the property, including
that 90% of the property is in a flood plain, and two to three times per year
about half of it is under water. He
pointed out that the owner had initially contacted the courthouse to find out
about getting a license for a new business. He was told that he needed federal and
state tax I.D. numbers and to collect and remit taxes. Mr. Taylor stated that he advised
the owner to appeal the citation to make application for a Special Exception,
and Mr. Tow takes no issue with the fact that he is in violation of the zoning
code. He stated Mr. Tow has been a
good corporate citizen, and has not received any complaints before. The business has been a popular field
with law enforcement groups from Owasso, Sand Springs, Tulsa, and Collinsville
police departments and others for training sessions. The County Assessor comes
out every other year to assess the mobile homes for taxation, the Department of
Environmental Quality comes regularly to inspect the concession stand, but the
owner was not aware that he was in violation of the zoning code. Mr. Taylor informed the Board that the
nature of this business is that games are scheduled by reservation only, and
there are five play areas, but only two games can be played at any one
time. The maximum number of players
at any one time is 80. The average
game time is three to four hours.
So scheduling is done staggered to avoid overcrowding and therefore there
has never been a parking problem.
He mentioned that many of the customers come in groups by bus or
vans. On the few occasions when
there has been overflow parking, a grassy area was used for extra parking.
Comments and
Questions:
Mr. Alberty asked about parking space requirements. Mr. Taylor quoted several requirements
and noted that none of those criteria really fit this type of business. He added that he just figured by the
maximum number of 80 players allowed at a given time and estimated four people
per car would equal 20 spaces and added 10 more for overflow. Mr. Alberty verified the
business is open seven days per week and 9:00 a.m. to midnight with Mr.
Taylor. Mr. Taylor replied in the
affirmative.
Jesse Tow, 12731 N. 118th E. Ave., Collinsville, OK,
stated that they have discontinued all night games and close one hour before
dark. Mr. Tow added that 9:00
a.m. Monday through Saturday and noon on Sundays would be the opening time
requested.
Mr. Walker asked about any loud noises, such as loud speakers. Mr. Tow stated that they use an air horn
at the start and finish of the games and that is all.
Terry West, County Zoning Inspector, informed the Board that much
of the property on the east end is in a floodway not just a flood plain. He stated that no barrels, structures
nor anything else may be placed in the floodway. Mr. West added that Tulsa County Flood
Plain Resolution and Rules state no encroachment in the floodway, per FIMA and
NFIP 60.3D. He pointed out that not
even moving dirt is allowed without a hydrologist report that the proposed
activity would not raise the base flood elevation upstream or downstream in the
whole community. Mr. Alberty
commented that the Board does not have any authority to modify the flood plain
regulations. Mr. West responded
that he wanted the issue addressed that no structures permanent or temporary
were permitted in the floodway area per flood insurance rate maps, just so the
applicant would be aware.
Interested
Parties:
Jack English,
P.O. Box 421, Collinsville, OK, stated his property is adjacent to the subject
property. He had not expressed any
objection before, but since he received the notice, he decided that he would
speak up. He objects to unsightly
huts and barrels that he can see from his property. He stated that he has put in a lot of
work to clean up his property and he would prefer that the game structures were
placed on the other side of the creek and out of site from his property. He indicated that they have moved dirt
and caused some flooding of the creek in the past, but has since removed
it.
Comments and
Questions:
Mr. Walker asked Mr. English to show the location of his property on the
map. It was not clear to the Board,
after examining the map, where the floodway boundary line was located. Mr. Walker also asked for more
information about the structures and any items that were placed on the property
for the games. Mr. Tow listed
barrels, portions of fence, old PSO spools, and old postal service skids. Mr. Alberty commented that if the
majority of the business is in the floodway, that may put Mr. Tow out of
business, and there may not be anything for the Board to decide.
Applicant’s
Rebuttal:
Mr. Taylor asked the Board to consider that screening might be appropriate for dealing with Mr. English’s complaints, if his property is zoned residential. He also asked that the Board not anticipate what the County will decide about the floodway in making their decisions.
Board
Action:
On
MOTION
of Alberty,
the Board voted 5-0-0 (Walker, Alberty, Tyndall, Dillard, Looney “aye”; no
“nays”; no “abstentions”; no “absences”) to CONTINUE
Case No. 1798 to the hearing on February 21, 2001 to allow the County Inspector
time to determine how much of the subject property is out of the floodway.
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Action
Requested:
Variance to allow two dwelling units on one lot of record. SECTION 208. ONE SINGLE-FAMILY DWELLING PER LOT OF
RECORD – Use Unit 6; and a Variance to lot area of two acres and land area of
2.2 acres per dwelling unit, located N of NE/c E. 86th St. N. &
Harvard.
Presentation:
Ms. Fernandez reminded the Board that this case was continued from the
December 19th hearing so that the applicant could check on the status
of an oil well on the property. The
applicant was not present. Chair
Walker tabled this case until the end of the agenda.
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NEW
APPLICATIONS
Action
Requested:
Minor Variance of front yard setback from 50’ to 48’ to permit an
existing dwelling in an RS district.
SECTION 430. BULK AND AREA
REQUIREMENTS IN RESIDENTIAL DISTRICTS – Use Unit 6, located 742 W. Walnut.
Presentation:
Brent Litsey, 742 N. Walnut Creek Dr., Sand Springs, OK, described
the positioning of his home on two lots of record.
Comments and
Questions:
Mr. Walker asked the applicant why he bought both lots. Mr. Litsey replied that both lots went
with the sale. Mr. Dillard
suggested it would be wise to have a survey done before buying property in the
future. Mr. Litsey stated that he
owns both lots and the home outright now and has brought the house up to
code.
Interested
Parties:
There
were no interested parties who wished to speak.
Board
Action:
On MOTION
of Looney,
the Board voted 5-0-0 (Walker, Alberty, Tyndall, Dillard, Looney “aye”; no
“nays”; no “abstentions”; no “absences”) to APPROVE
a Minor Variance of front
yard setback from 50’ to 48’ to permit an existing dwelling in an RS district,
finding the house has existed there for forty years, 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:
A tract of land
situated in the Charles Page Home Acres Subdivision Number 1, an addition to the
City of Sand Springs, and in the NW/4 NE/4 of Section 9, T-19-N, R-11-E of the
IBM, Tulsa County, State of Oklahoma, being more particularly described as
follows, to-wit: Beg. at the SE/c of Lot 6, Block 7, of said Charles Page Home
Acres Subdivision Number 1, thence N 89º32’22” W along the S line of said Lot 6
a distance of 82.06’; thence N 33º57’24” E a distance of 33.01’; thence N
62º10’18” E a distance of 19.42’ to a point on the E line of said Lot 6 and a
point of curvature; thence continuing along the E line of said Lot 6 and along a
curve to the left (tangent bears S 19º21’44” E), said curve having a radius of
164.61’ and a central angle of 6º40’31”, for an arc distance of 19.18’; thence
continuing along said E line of Lot 6 S 52º27’22” E a distance of 40.30’ to the
SE/c of said Lot 6 and the POB.
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Action
Requested:
Special Exception to permit Use Unit 19, massage therapy, in an IM
district. SECTION 910. PRINCIPAL USES PERMITTED IN INDUSTRIAL
DISTRICTS – Use Unit 19, located 3232 N. Mingo Rd.
Presentation:
Jay McCabe, 1516 S. Gary Ave., stated that the structure on the
subject property is an old fabrication housing building. The rear portion is being used by a
paintball business and the front portion was used for offices but has been
vacant for two years. He proposes
to use the vacant office area for the new business.
Interested
Parties:
There
were no interested parties who wished to speak.
Board
Action:
On MOTION
of Tyndall,
the Board voted 5-0-0 (Walker, Alberty, Tyndall, Dillard, Looney “aye”; no
“nays”; no “abstentions”; no “absences”) to APPROVE
a Special Exception to permit
Use Unit 19, massage therapy, in an IM district, finding that 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 6: A tract of
land in Section 24, T-20-N, R-13-E, Tulsa County, State of Oklahoma, described
as follows: Starting at the NE/c of said Section 24; thence Sly along the E line
thereof a distance of 2220’; thence S 89º58’54” W a distance of 150’ to a point
which is the POB of said tract; thence S 89º58’54” W a distance of 255’; thence
N 00º01’06” W a distance of 380’; thence N 89º58’54” E a distance of 255’;
thence S 00º01’06” E a distance of 380’ to the POB; and Lot 5: A tract of land
in Section 24, T-20-N, R-13-E, Tulsa County, State of Oklahoma, described as
follows: Starting at the NE/c of said Section 24; thence Sly along the E line
thereof a distance of 2220’; thence S 89º58’54” W a distance of 405’ to a point
which is the POB of said tract; thence S 89º58’54” W a distance of 255’; thence
N 00º01’06” W a distance of 380’; thence N 89º58’54” E a distance of 255’;
thence S 00º01’06” E a distance of 380’ to the POB.
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Action
Requested:
Special Exception to allow a mobile home in an RE district. SECTION 410. PRINCIPAL USES PERMITTED IN RESIDENTIAL
DISTRICTS – Use Unit 6 & 9; and a Variance to allow two dwelling units per
lot of record. SECTION 208. ONE SINGLE-FAMILY DWELLING PER LOT OF
RECORD, located 8801 E.
98th St. N.
Presentation:
Roy Stane, 8503 E. 98th St. N., submitted photographs
(Exhibit B-1) and stated he would like to replace an old existing trailer in
very poor condition with a new mobile home that would be wheelchair
accessible. He stated that the old
trailer has many safety hazards.
Comments and
Questions:
Mr. Alberty explained that the existing trailer was there in a
non-conforming use, and he’s asking to replace it.
Interested
Parties:
Cathy Hutchison,
8402 N. 100th E. Ave., Owasso, OK, stated she was there in support of
the application. She stated she was
the Vice-President of Precision Components, a small manufacturing firm in
Owasso, and she is the President of Volunteer Network, Owasso. She informed the Board that the company
met and began helping the family through Volunteer Network two years ago. She described the poor conditions of the
trailer, and they desire to help the family purchase something in better
condition, but wanted the property to be in compliance with the Code first.
Board
Action:
On MOTION
of Alberty,
the Board voted 5-0-0 (Walker, Alberty, Tyndall, Dillard, Looney “aye”; no
“nays”; no “abstentions”; no “absences”) to APPROVE
a Special Exception to allow a
mobile home in an RE district with conditions to use tie-downs, skirting and
obtain DEQ approval for sanitary system; and a Variance to allow
two dwelling units per lot of record, 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 1, Block 4,
Hill N Dale Acres, Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception to allow church and related uses in an IL zoned
district and approval of previously approved site plan per amendments on AG
tract. SECTION 310. PRINCIPAL USES PERMITTED IN THE
AGRICULTURE DISTRICT and SECTION 910.
PRINCIPAL USES PERMITTED IN INDUSTRIAL DISTRICTS – Use Unit 5, located
NW/c W. 181st St. S. & US-75.
Presentation:
David Washington, 1660 E. 71st St., stated that the
applicant is actually True Life Tabernacle, Inc. He introduced Pastor Robert Griffin and
Charles Martin. He stated that they
are seeking a permit to construct a gymnasium on a part of the property that is
already platted.
Comments and
Questions:
Mr. Walker asked if the existing structure faces the highway. Mr. Washington replied in the
affirmative. Mr. Walker noted that
there is parking to the south, and Mr. Washington added there is also parking to
the north. Mr. Walker asked if they
access from the road to the south.
He responded that was correct.
He asked Mr. Washington where the gym would be located. He replied it would be to the west. Mr. Alberty asked if the Board had
previously approved the use and it must come back for site plan changes.
Board
Action:
On MOTION
of Alberty,
the Board voted 5-0-0 (Walker, Alberty, Tyndall, Dillard, Looney “aye”; no
“nays”; no “abstentions”; no “absences”) to APPROVE
a Special Exception to allow
church and related uses in an IL zoned district and approval of previously
approved site plan per amendments on AG tract, and including approval for future
construction, per plans submitted, finding that 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,
True Life Tabernacle, SE/4 SW/4 SE/4 AND N/2 E/2 SW/4 SE/4 of Section 34,
T-17-N, R-12-E, Tulsa County, State of Oklahoma.
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Case No.
1811
Action
Requested:
Variance of
required 200’ lot width in an AG district to 164’ to permit a lot split. SECTION 330. BULK AND AREA REQUIREMENTS IN THE
AGRICULTURE DISTRICTS – Use Unit 6; and a Variance of land area from 2.2 acres
to 2 acres. SECTION 330. BULK AND AREA REQUIREMENTS IN THE
AGRICULTURE DISTRICTS, located 11801 N. 113th E. Ave.
Presentation:
Pat Graham,
stated she works for Homes Unlimited, in Owasso, and represented the owners of
the subject property. She stated
they listed the property and sold the surrounding property of about 35
acres.
John Fuller,
11801 N. 113th E. Ave., pointed out the property on a map to the
Board.
Interested
Parties:
There were no interested parties who wished to speak.
Board
Action:
On
MOTION
of Alberty,
the Board voted 5-0-0 (Walker, Alberty, Tyndall, Dillard, Looney “aye”; no
“nays”; no “abstentions”; no “absences”) to APPROVE
a Variance of required
200’ lot width in an AG district to 164’ to permit a lot split; and a
Variance of land area from 2.2 acres to 2 acres, finding this
appropriate for future development of subdivisions, on the following described
property:
Beg. at the NW/c
of the SW/4 SW/4 Section 5, T-21-N, R-14-E of the IBM, Tulsa County, State of
Oklahoma, said point being 1315.45’ due N, on an assumed bearing, from the SW/c
of said Section 5; thence N 89º51’51” E along the N line of the S/2 SW/4 a
distance of 530’; thence due S a distance of 164.51’; thence S 89º52’56” W a
distance of 530’ to a point on the W line of said SW/4 SW/4; thence due N a
distance of 164.43’ to the POB.
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Case No.
1802
Presentation:
Terry West,
Tulsa County Zoning Inspector, informed the Board that Mr. Woods obtained a
different tract of land, and he received a building permit for that
property.
Board
Action:
On MOTION
of Alberty,
the Board voted 5-0-0 (Walker, Alberty, Tyndall, Dillard, Looney “aye”; no
“nays”; no “abstentions”; no “absences”) to accept the withdrawal of this
case.
Election of
Officers
The Board elected: Mr. Alberty for Chairman, Mr. Dillard for Vice-Chairman, and Mr. Tyndall for Secretary.
There being no further business, the meeting was adjourned at 2:50 p.m.
Date approved: ___________________________________
___________________________________
Chair