COUNTY BOARD OF ADJUSTMENT
Wednesday,
February 21, 2001, 1:30 p.m.
|
Alberty,
Chair |
Hutson |
Butler |
West,
Co. Inspect. |
|
Tyndall |
|
Fernandez |
|
|
Walker |
|
|
|
|
Dillard,
Vice Chair |
|
|
|
The notice
and agenda of said meeting were posted in the Office of INCOG, 201 W.
5th St., Suite 600, Wednesday, February 14, 2001 at 12:00 p.m., as
well as at the City Clerks office, City Hall.
After
declaring a quorum present, Chair Alberty called the meeting to order at 1:30
p.m.
*.*.*.*.*.*.*.*.*.*.
MINUTES:
On MOTION of Walker, the Board voted 4-0-0 (Alberty,
Dillard, Walker, Tyndall "aye"; no "nays", no "abstentions; Hutson "absent") to
APPROVE the Minutes of
January 16, 2001 (No. 248).
*.*.*.*.*.*.*.*.*.*.
UNFINISHED
BUSINESS
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 Officials Notice to stop and remove all
business activity and related equipment dated October 16, 2000, located 12731 N.
118th E. Ave.
Presentation:
Ms. Fernandez stated that the applicant made a timely request for
Continuance to March 20, 2001 to complete floodplain and hydrology
studies.
Interested
Parties:
The
interested party present had no objection to a Continuance.
Board
Action:
On
MOTION
of Walker,
the Board voted 4-0-0 (Alberty, Walker, Tyndall, Dillard "aye"; no "nays"; no
"abstentions"; Hutson "absent") to CONTINUE
Case No. 1798 to March 20, 2001.
*.*.*.*.*.*.*.*.*.*.
NEW
APPLICATIONS
Action
Requested:
Special Exception to allow a mobile home dwelling in an RS zoned district
(on either lot or as a single lot).
SECTION 410. PRINCIPAL USES
PERMITTED IN RESIDENTIAL DISTRICTS Use Unit 9, located 510, 514 N. Industrial
Ave.
Presentation:
Esther Williams, 900 N. Garfield, Sand Springs, OK 74063, stated she was the mother of the
applicant, Jimmy D. Williams. She
stated he desires to put in a mobile home at 510 N. Industrial Ave., and in the
future to build a home on 514 N. Industrial Ave. She provided a site plan, map, and
photographs (Exhibits B-1, B-2, B-4) to the Board. She added that the property has passed a
soil percolation test.
Comments and
Questions:
Mr. Alberty noted that City of Sand Springs sent a letter (Exhibit B-3)
stating they would not hear this case at the Board of Adjustment. Ms. Williams added that her son
had the property surveyed and the elevation would allow him to get a connection
to the sewer line for the house at 514 N. Industrial Ave.
Interested
Parties:
There
were no interested parties who wished to speak.
Board
Action:
On
MOTION
of Walker,
the Board voted 4-0-0 (Alberty, Walker, Tyndall, Dillard "aye"; no "nays"; no
"abstentions"; Hutson "absent") to APPROVE
a Special Exception to allow a
mobile home dwelling in an RS zoned district (on either lot or as a single lot),
per plan, 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:
Lots 1 and 2,
Block 18, Charles Page Home Acres No. 2, Tulsa County, State of
Oklahoma.
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Variance of Section 208, to allow more than one dwelling unit per lot of
record in an AG district on a 10-acre tract. SECTION 208. ONE SINGLE-FAMILY DWELLING PER LOT OF
RECORD Use Unit 6, located 15325 South Mingo Road.
Presentation:
David Allen, 15325 S. Mingo, Bixby, OK, stated his request to
allow his son to move a mobile home onto his property.
Comments and
Questions:
Mr. Alberty asked Mr. West if the entire property were in a flood zone,
would it be possible to place a mobile home there. Mr. West replied that if the
property were in a 100-year flood plain, then the bottom of the I-beam would
need to be one foot above the base flood elevation for that area. If the property is found to be in the
floodway, a hydrologist report will be required before any building permit could
be issued. Mr. Alberty asked for a
hardship. The applicant wants to
keep the property in his name, and not subdivide. Mr. Dillard asked if this would be a
temporary arrangement or permanent.
Mr. Allen responded that has not been decided.
Interested
Parties:
There
were no interested parties who wished to speak.
Board
Action:
On
MOTION
of Walker,
the Board voted 4-0-0 (Alberty, Walker, Tyndall, Dillard "aye"; no "nays"; no
"abstentions"; Hutson "absent") to APPROVE
a Variance of Section
208, to allow more than one dwelling unit per lot of record in an AG district on
a 10-acre tract, finding the applicant does not wish to subdivide, on the
following described property:
N/2 N/2 of
Government Lot 5, Section 19, T-17-N, R-14-E, Tulsa County, State of
Oklahoma.
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Variance of Section 208 to permit two dwelling units per lot of
record. SECTION 208. ONE SINGLE-FAMILY DWELLING PER LOT OF
RECORD Use Unit 9, located 10927 E. 106th St.
N.
Presentation:
Dan Overholt, 10927 E. 106th St. N. Owasso, OK,
submitted a site plan (Exhibit C-1) to the Board. He stated a request to place a second
home on his property.
Comments and
Questions:
Mr. Alberty asked if he has contacted Department of Environmental Quality
(DEQ) for a soil percolation test.
The applicant responded that he was waiting until after the approval from
this Board.
Interested
Parties:
Gary Kimbrall,
10611
E. 106th St. N., Owasso, OK,
stated
the map that was mailed with the notice was incorrect. He added that people who were supposed
to be notified were not notified and others not within 300 were notified. He stated his objection to another
mobile home in the area, with concern for property values. He pointed out that surrounding
residential properties were estates and he was concerned for the aesthetics of
the neighborhood.
Comments and
Questions:
Ms.
Fernandez commented that the map with the first notice was corrected and mailed
again. The map is merely a
courtesy, but the notice was correct.
Mr. Alberty asked if more notice was mailed than was required. She replied that was correct.
Interested
Parties:
Carl
Venable,
309 Southeast 9th, Pryor, OK, stated he owns the property next to the
subject property. He was interested
in what kind of home was to be placed on the property, and where it would be
located on the property. The
applicant described the home as just like the existing home but smaller, and
300 behind the existing dwelling.
Mr. Dillard noted it was a 24 x 40 model. The applicant added that he would
build a driveway and put a fence around it. Mr. Venable stated his objection
to another mobile home.
Anthony Venable,
stated he owns property next to Carl Venables property. He stated he was interested because he
had no information. He had no
protest after hearing the details of the case.
Applicants
Rebuttal:
Mr. Overholt stated that he does not plan to build any other houses on
the property. He desired to keep
the property in his ownership.
Board
Action:
On MOTION
of Walker,
the Board voted 4-0-0 (Alberty, Walker, Tyndall, Dillard "aye"; no "nays"; no
"abstentions"; Hutson "absent") to APPROVE
a Variance of Section
208 to permit two dwelling units per lot of record, with conditions for
skirting, tie-downs, permits required, DEQ percolation test, finding the owner
does not want to subdivide, on the following described
property:
The W/2 W/2
SE/4 SE/4 of Section 7, T-21-N, R-14-E of the IBM, Tulsa County, State of
Oklahoma.
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Variance of land area per dwelling unit from 2.2 acres to 2 acres. SECTION 330. BULK AND AREA REQUIREMENTS IN THE
AGRICULTURE DISTRICTS Use Unit 6; and a Variance of Section 207 to permit a
lot with 0 frontage on a public street, to permit a lot split in an AG
district. SECTION 207. STREET FRONTAGE REQUIRED, located 2708
W. 91st St.
Presentation:
Stewart Nance, 2708 W. 91st St., stated he has a
five-acre plot, which was surveyed by the previous owner for two parcels but a
lot split was never completed. He
would now like to finish the process in order to sell the parcel with the
existing home.
Comments and
Questions:
Mr. Alberty noted there was 330 of frontage of which 25 is roadway, and
asked if it is an easement or dedication.
Mr. Nance responded that when he filed he agreed to give another 25 for
easement on 91st St. He
stated he has already given another easement on the east to the property owner
of a five acre tract behind his property.
Mr. Nance planned to use that same easement to access his own back three
acres. Mr. Alberty asked if he had
plans to subdivide according to the lines drawn on his site plan. Mr. Nance replied that he does not plan
to subdivide any more. The Chair
also asked if the additional 25 he offered to the County for easement has been
filed of record. Mr. Nance was
unclear on the specifics, but he explained he plans to access his property from
the easement on the east. The
Chair asked for a hardship. The
applicant stated that he wanted to build a home on the back lot but he needs
County approval for this process.
Interested
Parties:
There were no interested parties
who wished to speak.
Board
Action:
On MOTION
of Tyndall,
the Board voted 4-0-0 (Alberty, Walker, Tyndall, Dillard "aye"; no "nays"; no
"abstentions"; Hutson "absent") to APPROVE
a Variance of land
area per dwelling unit from 2.2 acres to 2 acres; and a Variance
of Section 207 to permit a lot with 0 frontage on a public street, to permit a
lot split in an AG district, finding there are similar size tracts in the same
area, and there is sufficient land for this action, on the following described
property:
N/2 E/2 W/2 NE/4
NW/4, Section 22, T-18-N, R-12-E, Tulsa County, State of
Oklahoma.
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Variance of the required lot width of 200 to 147.2. SECTION 330. BULK AND AREA REQUIREMENTS IN THE
AGRICULTURE DISTRICTS Use Unit 3 & 6; a Variance of the required lot area
from 2 to 1.04 acres. SECTION
330. BULK AND AREA REQUIREMENTS IN
THE AGRICULTURE DISTRICTS; and a Variance of land area from 2.2 to 1.11 acres
for lot split. SECTION 330. BULK AND AREA REQUIREMENTS IN THE
AGRICULTURE DISTRICTS, located E of SE/c W. 36th St. &
65th W. Ave.
Presentation:
Eugene L. Harrison, 3605 S. 65th W. Ave., stated he
desires to sell a portion of his property.
He added that it passed a soil percolation test. A site plan was submitted (Exhibit D-1).
Comments and
Questions:
Mr. Alberty asked for a hardship to be stated. The applicant explained his reasons for
asking for the variances and his decision not to seek rezoning. Ms. Fernandez described previous
divisions of property that caused the
need for these variances. The Chair
noted the need to correct existing conditions.
Interested
Parties:
There
were no interested parties present who wished to speak.
Board
Action:
On MOTION
of Dillard,
the Board voted 4-0-0 (Alberty, Walker, Tyndall, Dillard "aye"; no "nays"; no
"abstentions"; Hutson "absent") to APPROVE
a Variance of the
required lot width of 200 to 147.2; a Variance of the required
lot area from 2 to 1.04 acres; and a Variance of land area from
2.2 to 1.11 acres for lot split, per plan, finding the hardship to be correcting
the existing conditions, on the following described
property:
A tract of land
in the E/2 N/2 N/2 NW/4 SW/4 of Section 20, T-19-N, R-12-E of the IBM, Tulsa
County, State of Oklahoma, more particularly described as: from the SE/c of the
N/2 N/2 NW/4 SW/4 of Section 20, a found ½ Rebar, and the POB, go S 89Ί5147 W
for a distance of 152.22 to a 5/8 Rebar, thence N 0Ί0000 E for a distance of
330.95 to a 5/8 Rebar, thence N 90Ί0000 E for a distance of 147.20 to a ½
Rebar, thence S 0Ί5210 E for a distance of 330.63 to the
POB.
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Variance of Section 207 requiring 30 of frontage for residential uses to
0 to permit a mobile on an existing land locked parcel. SECTION 207. STREET FRONTAGE REQUIRED Use Unit 9;
located 18604 S. 73rd E. Ave.
Presentation:
Betty Williams, 18604 S. 73rd E. Ave., Bixby, OK,
stated her desire to place a mobile on the subject property, and pointed out the
location on an aerial for the Board.
The property is already split on two separate tracts with separate deeds.
She has filed to grant an easement for roadway. The applicant submitted a photograph
(Exhibit E-1).
Interested
Parties:
There
were no interested parties who wished to speak.
Board
Action:
On MOTION of Tyndall, the Board voted 4-0-0 (Alberty,
Walker, Tyndall, Dillard "aye"; no "nays"; no "abstentions"; Hutson "absent") to
APPROVE a Variance of Section 207 requiring 30 of
frontage for residential uses to 0 to permit a mobile on an existing land
locked parcel, finding it would 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:
N/2 N/2 NE/4
SW/4, Section 2, T-16-N, R-13-E, Tulsa County, State of
Oklahoma.
*.*.*.*.*.*.*.*.*.*.
Case No.
1817
Action
Requested:
Special
Exception to allow Use Unit 2 in an IL zoned district. SECTION 910. PRINCIPAL USES PERMITTED IN INDUSTRIAL
DISTRICTS Use Unit 2, located S of SE/c W. 51st St. & S.
65th W. Ave.
Presentation:
Charles Sittler, 7272 W. 51st St., proposed to
establish a cemetery. He stated
that he has been through the public hearing process with the County
Commissioners and now seeks BOA approval for Phase 1. Mr. Sittler asked Vince Moore to speak
for the application.
Interested
Parties:
Vince Moore, 5638 S. 65th W. Ave., stated that he has
375 of frontage to the subject property. He considered a groomed cemetery
to be a pleasant view versus some other uses for the property. He expressed the need for a
cemetery in the area.
Mr. Sittler submitted seven letters (Exhibit F-1) from nearby neighbors
who are in support of the application.
Jack Spradling, 1660 E. 71st St., stated that on the
previous application there was concern about drainage. Cemeteries do not use a lot of paving,
and there will be around 20-30 spaces. He noted there are two ponds,
which they plan to maintain with improvements to provide more detention that
would more than offset any paved parking.
Mr. Spradling stated the property was platted by the church that owned it
previously, and they do not propose to re-plat the whole area. He stated they would amend the plat as
the Phases develop.
Board
Action:
On MOTION of Tyndall, the Board voted 4-0-0 (Alberty,
Walker, Tyndall, Dillard "aye"; no "nays"; no "abstentions"; Hutson "absent") to
APPROVE a Special Exception to allow Use Unit 2 in
an IL zoned district, for cemetery use of all 40 acres, 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,
Solid Rock Fellowship Addition, Tulsa County, State of
Oklahoma.
*.*.*.*.*.*.*.*.*.*.
Case No.
1818
Action
Requested:
Special Exception to permit a mobile home in an RS district, located 6509
N. Trenton Ave.
Presentation:
Linda Keeton, 6527 N. Quaker, stated she and her husband bought
the subject property about five to six years ago. The previous owners lived in a mobile
home on the property. She added
they plan to clean up the property and move in a new home for their
residence. She stated that there
are other mobile homes in the area including next door to the subject
property.
Comments
and Questions:
Mr. Alberty noted there were other structures. She replied they plan to use the
existing mobile for storage at the back, and they are in the process of removing
a fifth-wheel off the property. She
added that they plan to tear down an old shed.
The Chair reminded the applicant to
apply with the County Inspector for a building permit for mobile home use. Mr. Tyndall asked what would be left on
the property. The applicant replied
that the existing mobile home would be used for storage, and a new mobile home
would be on the property, everything else would be removed. Mr. Walker expressed objection to a
mobile being used for storage. Mr.
West responded that the County does not approve of a mobile used for storage
because it appears that there are two dwelling units on the
property.
Interested
Parties:
There were no interested parties who wished to speak.
Board
Action:
On MOTION of Tyndall, the Board voted 4-0-0 (Alberty, Walker, Tyndall, Dillard "aye"; no "nays"; no "abstentions"; Hutson "absent") to APPROVE a Special Exception to permit a mobile home in an RS district, with conditions that the existing mobile be removed from premises, lot be cleaned up including removal of the fifth-wheel, all substandard accessory buildings, and subject to requirements for tie-downs, skirting, DEQ soil percolation test, and all required permits for new mobile home, on the following described property:
Lot 6, Block 4,
Phillips Farms Addition, Tulsa County, State of Oklahoma.
*.*.*.*.*.*.*.*.*.*.
There being no further business, the meeting was adjourned at 2:50 p.m.
Date approved: ___________________________________
___________________________________
Chair