COUNTY BOARD OF ADJUSTMENT
Tuesday, April 17, 2001, 1:30
p.m.
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Alberty, Chair |
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Butler |
West, County
Inspec. |
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Tyndall |
|
Fernandez |
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|
Walker |
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Hutson |
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Dillard, Vice Chair |
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The notice and agenda of said meeting were posted in
the Office of INCOG, 201 W. 5th St., Suite 600, Thursday, April 12,
2001 at 4:20 p.m., as well as at the City Clerk’s office, City
Hall.
After declaring a quorum present, Chair Alberty
called the meeting to order at 1:30 p.m.
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UNFINISHED
BUSINESS
Action
Requested:
Variance of the required 30’ frontage on a public street to 0’. SECTION 207. STREET FRONTAGE REQUIRED – Use Unit 6,
located 16920 N. 117th E. Ave.
Presentation:
Bobby Joe Eberle, stated that the previous owner was not present
to clear up the questions that came up during the last hearing regarding the
subdivision and access to the subject property. He did not have any new information to
submit.
Comments and
Questions:
Mr. Alberty summarized the issue from the last meeting. A developer of land north of the subject
property stated that he was required to follow the County subdivision
regulations in his subdivision. The
developer indicated that the subject property was a part of a larger parcel that
had been subdivided without the benefit of a subdivision plat. Mr. Alberty stated that the Board wanted
some previous history of the property before making a decision. Mr. Eberle concluded that the previous
owner has split the property seven times and has been building an addition.
Interested
Parties:
There were no interested
parties present who wished to speak.
Board
Action:
On MOTION of Tyndall, the Board voted 5-0-0
(Alberty, Walker, Tyndall, Dillard, Hutson "aye"; no "nays"; no "abstentions";
no "absences") to DENY a
Variance of the required
30’ frontage on a public street to 0’, finding a lack of hardship.
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Action
Requested:
Diane Fernandez informed the Board that Case No. 1830 was continued to
this meeting but it needs to be re-advertised. It was advertised as a monopole
structure for a cell tower, and it is not a monopole. This case has been continued to the
meeting on May 15, 2001.
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Action
Requested:
Variance of side yard abutting a public street from 25’ to 10’ to permit
an existing dwelling. SECTION
430. BULK AND AREA REQUIREMENTS IN
RESIDENTIAL DISTRICTS – Use Unit 6, located 12743 S. 124th E.
Ave.
Presentation:
John Engelman, 16500 S. 161st E. Ave., Bixby, Oklahoma,
stated he recently sold his home on the subject property. He added that he has been informed that
the house was built over the building line and he needs to clear the problem to
complete the sale.
Comments and
Questions:
Mr. Alberty ascertained that the applicant was not the original owner of
the property.
Interested
Parties:
There were no interested
parties present who wished to speak.
Board
Action:
On MOTION of Walker, the Board voted 5-0-0
(Alberty, Walker, Tyndall, Dillard, Hutson "aye"; no "nays"; no "abstentions";
no "absences") to APPROVE a
Variance of side yard
abutting a public street from 25’ to 10’ to permit an existing dwelling, finding
that it is a minor infraction, not created by the applicant, and the City of
Broken Arrow did not respond to this application, on the following described
property:
Lot 8, Block 9,
Willow Springs Estates Addition, Tulsa County, State of Oklahoma.
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Action
Requested:
Variance of Section 207 to permit a landlocked parcel with 0’ frontage on
a dedicated or public road. SECTION
207. STREET FRONTAGE REQUIRED – Use Unit 6, located 10333 E. 131st
St. N.
Presentation:
Brad Webb, 10333 E. 131st St. N., Collinsville,
Oklahoma, stated he is the owner of the property on which he built his
home. There is not a County road to
the property, but he has a right-of-way from 131st Street. The seller gave him a 30’ easement on
the north when he purchased the property.
When he built his house he obtained an easement from his other
neighbor.
Comments and
Questions:
Mr. Alberty asked Mr. Webb for a hardship in this case. Mr. Webb wants to divide the property
into four lots and build three more homes for his
children.
Interested
Parties:
Fred Catlett, 13216 N.
105th E. Ave., Collinsville, stated he and his son own the fifteen
acres directly north of the subject property. He built a road to his own home on an
easement near the applicant’s property.
Mr. Catlett stated he would object to the applicant using his road to
access the subject property.
Comments and
Questions:
Mr. Alberty informed Mr. Catlett, that if the easement has been granted
for roadway purposes and has been filed of record, then Mr. Webb would have the
right to use it. Mr. Hutson noted
that the easement to both properties is tied together on the northeast corner.
Applicant’s
Rebuttal:
Mr. Webb obtained that easement purposely to have access to his property,
and he planned to use it. He
stated he owned the property before Mr. Catlett purchased his
property.
Board
Action:
On MOTION of Walker, the Board voted 4-1-0 (
Walker, Tyndall, Dillard, Hutson "aye"; Alberty "nay"; no "abstentions"; no
"absences") to APPROVE a
Variance of Section 207 to
permit a landlocked parcel with 0’ frontage on a dedicated or public road, for
the existing structure only, pending proof that 50’ roadway easement from
131st St. N. has been filed of record; and not to support any other
division of this land under this Variance, on the following described
property:
Tract 1: NW/4
SW/4 SE/4 NW/4, plus W 30’ of SW/4 SW/4 SE/4 NW/4, Section 31, T-22-N, R-14-E;
Tract II: NW/4 SE/4 SE/4 NW/4, less E 30’, Section 31, T-22-N, R-14-E; Tract
III: SW/4 SE/4 SE/4 NW/4, plus E 30’ NW/4 SE/4 SE/4 NW/4 Section 31, T-22-N,
R-14-E; and Tract IV: SW/4 SW/4 SE/4 NW/4, less W 30’, Section 31, T-22-N,
R-14-E, all in Tulsa County, State of Oklahoma.
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Action
Requested:
Variance of Section 208 to permit two dwelling units on one lot of
record. SECTION 208. ONE SINGLE-FAMILY DWELLING PER LOT OF
RECORD – Use Unit 6; and a Variance of required land area per dwelling unit from
2.2 to 1.25 acres per dwelling unit.
SECTION 330. BULK AND AREA
REQUIREMENTS IN THE AGRICULTURE DISTRICTS, located 16616 W. 21st
St.
Presentation:
Robert Justice, 16616 W. 21st St., Sand Springs,
Oklahoma, stated he and his father own the property. He stated they want to move a mobile
home on the property where one was used previously.
Interested
Parties:
Bob Vantrese, 16500 W. 21st St., Sand Springs, stated
his property borders on the east and south. He was opposed to a lot split and a
second dwelling. He stated that
there were three dwelling units on the property now. He was concerned that realtors told him
this would decrease the value of his property.
Comments and Questions:
Mr. Alberty explained that this application is not for a lot split, just
a second dwelling. Mr. Walker asked
Mr. Vantrese about other dwellings than the stone house. Mr. Vantrese responded that a workshop
on the property has been used for a dwelling. Mr. Walker asked if it was detached, to
which he replied in the affirmative.
He added that a fifth-wheel is parked on the place and it has been
occupied.
Therman Hillsbury, 16609 W.
21st St., stated that one mobile home had been on the place before
and later removed. He was opposed
to placing a mobile on the place.
Comments and Questions:
Mr. Alberty asked if he was aware that there were two other structures
besides the main house being occupied.
Interested Parties:
Bill Vineyard, 16601 W.
21st St. S., stated he lives north across 21st St. from
the subject property. He objected
to the application with concern for a decrease in his property value.
Bill Boone, 16036 W.
21st St., stated he objected for the same reasons as listed
above.
Applicant’s Rebuttal:
Mr. Justice stated that he has been living in the workshop because they
ran out of room, but there are no bathroom or kitchen facilities. He added that the fifth-wheel is parked
there and it is for traveling. Mr.
Alberty asked if it is occupied, and he replied that it is occupied
sometimes. He stated that it is
hooked up to electric but there is no plumbing to it.
Comments and Questions:
Mr. Walker commented that he could not support the application. Mr. Tyndall added that there is no
hardship.
Board
Action:
On MOTION of Hutson, the Board voted 5-0-0
(Alberty, Walker, Tyndall, Dillard, Hutson "aye"; no "nays"; no "abstentions";
no "absences") to DENY the request for a
Variance of Section 208 to
permit two dwelling units on one lot of record; and a Variance
of required land area per dwelling unit from 2.2 to 1.25 acres per dwelling
unit, finding a lack of hardship.
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Action
Requested:
Variance of side yard requirement of 5’ to 3” to permit an existing pole barn in an AG district. SECTION 330. BULK AND AREA REQUIREMENTS IN THE AGRICULTURE DISTRICTS – Use Unit 9, located 25107 W. 41st St.
Presentation:
Mr. Alberty noted the building permit and asked Mr. West if he sent the
applicant or found that the barn was not built according to the permit. Mr. West replied that they discovered
the slab had been poured and that it was two feet over the side yard
setback.
Terry Tucker, 605 Prattwood Ct., Sand Springs, Oklahoma, stated
his son owns the property. He
informed the Board that they had staked the building lines but the pole barn
company staked the building themselves from the telephone pole. He stated that it is not on the
neighbor’s property but it is in violation of the setback.
Comments and
Questions:
Mr. Hutson asked if it was just one end of the building. Mr. Tucker replied that it was. He added that they had tried to work out
a land trade with the neighbor, but the neighbor was not interested. Mr. Hutson asked when the error
was discovered. Mr. Tucker stated
they did not know until they received notice from County Inspections. Mr. West stated that the slab was poured
on the weekend.
Interested
Parties:
Ron Baker, 3908 and 3910 S.
252nd W. Ave., submitted
photographs (Exhibit A-1) of the area and fence line. He stated that he just purchased the
land with the easement road and the building is one foot on his property. He stated that the applicant was issued
three setback violations and they were all taken down and continued to work on
the building. He stated he wants
the applicant to move the building.
Applicant’s
Rebuttal:
The applicant stated he would like to get a survey first. Mr. Alberty commented that it sounds
like he has a dispute outside of the jurisdiction of the County Board of
Adjustment.
Comments and
Questions:
Mr. Alberty asked if he verified that the applicant received three Cease
and Desist Orders, and continued to work.
Mr. West answered in the affirmative.
Board
Action:
On MOTION of Walker, the Board voted 5-0-0
(Alberty, Walker, Tyndall, Dillard, Hutson "aye"; no "nays"; no "abstentions";
no "absences") to DENY the request for a
Variance of side yard
requirement of 5’ to 3” to permit an existing pole barn in an AG district, due
to lack of hardship.
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Action
Requested:
Special Exception to Section 410 to permit an existing oil injection well
site in an RS district. SECTION
410. PRINCIPAL USES PERMITTED IN
RESIDENTIAL DISTRICTS – Use Unit 24a, located SW/c W. 4th Pl. &
65th W. Ave.
Presentation:
Ms. Fernandez stated that the applicant asked for a Continuance to
provide more information to the Board.
She added there are interested parties present and they presented a
letter of protest, with request for Continuance to May 15, 2001.
Board
Action:
On MOTION of Alberty, the Board voted 5-0-0
(Alberty, Walker, Tyndall, Dillard, Hutson "aye"; no "nays"; no "abstentions";
no "absences") to CONTINUE Case No. 1837 to the
hearing on May 15, 2001 to re-advertise.
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Case
No. 1838
Action
Requested:
Special Exception to permit a Bed and Breakfast in an AG district. SECTION 310. PRINCIPAL USES PERMITTED IN THE
AGRICULTURE DISTRICT – Use Unit 23; and a Special Exception to permit a driving
range and recreation area in an AG district in conjunction with a Bed and
Breakfast. SECTION 310. PRINCIPAL USES PERMITTED IN THE
AGRICULTURE DISTRICT, located 3750 S. 137th W. Ave.
Ms. Fernandez noted that
the application taker thought she heard that they wanted a driving range, but
there is no driving range planned for this facility.
Presentation:
Tom Warren, 4221 E. 77th
St., proposes to open a Bed and Breakfast.
He stated it is zoned AG and he has a ranch shop with a duplex
below. He proposes to offer the two
sides of the duplex as cabins for the Bed and Breakfast. He stated if it goes well then he would
like to add some authentic teepees and cabins and bathhouse.
Comments and
Questions:
Mr. Alberty asked if he
was familiar with the guidelines for a Bed and Breakfast. Dr. Warren replied that that he was
somewhat familiar with them.
Interested
Parties:
Cheryl McCubrey, stated that her property
is on the south border of the subject property. She stated that she was in support of
the application. She has been in
favor of all the improvements he has made, such as the tree plantings.
Mr. Alberty read a letter
of protest from Stuart Anderson.
Mr. Walker, Ms. McCubrey, and Dr. Warren agreed that they were not aware
of anyone by that name in the immediate vicinity of the subject
property
Mr. Alberty noted that
the Board received a letter from the City of Sand Springs and they have no
objection to this application.
Board Action:
On MOTION of Tyndall, the Board voted 5-0-0
(Alberty, Walker, Tyndall, Dillard, Hutson "aye"; no "nays"; no "abstentions";
no "absences") to APPROVE a Special
Exception to permit a Bed and
Breakfast in an AG district; and a Special Exception to permit a
recreation area in an AG district in conjunction with a Bed and Breakfast,
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:
S/2 N/2 SW/4 NW/4 and S/2 N/2 N/2 SW/4 NW/4; and S/2
SW/4 NW/4 and SE/4 NW/4 less and except the N 627.31’ of the S 990’ E of
highway, in Section 21, T-19-N, R-11-E, Tulsa County, State of Oklahoma.
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Case
No. 1839
Action Requested:
Special Exception to permit
outdoor sales (fireworks) for a period of 5 years in a CH district. SECTION 1202. USE UNIT 2. AREA-WIDE SPECIAL EXCEPTION USES – Use
Unit 2, located NE/c W. 57th St. & SW Blvd.
Presentation:
Lonnie Basse, stated he proposes to
open three fireworks stands at 5401 W. Skelly Drive.
Interested Parties:
There were no interested parties present who wished to
speak.
Comments and Questions:
The question arose as to the time limitation allowed by the Code. Mr. Alberty decided to defer the
question to legal department and modify the request for Special Exception
according to the Board’s interpretation at this hearing.
Board Action:
On MOTION of Hutson, the Board voted 5-0-0
(Alberty, Walker, Tyndall, Dillard, Hutson "aye"; no "nays"; no "abstentions";
no "absences") to APPROVE a Special Exception to permit outdoor sales (fireworks) for a period not
to exceed 30 days in a CH district, for the months of June and July only, for
three stands, on the following described property:
Lots 13, 14 and
that part of Lot 7 described as: Beg. at the SE/c of said Lot 7, thence W along
the S line of said Lot 7, a distance of 62.00’, thence N 36º41’E a distance of
103.80’ to a point on the E line of said Lot 7, thence a distance of 83.30’ to a
POB, Block 1, all in Bozarth Acres, Tulsa County, State of Oklahoma.
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Case
No. 1840
Action Requested:
Special Exception to permit
outdoor sales (fireworks) for a period of 5 years in an IL district. SECTION 1202. USE UNIT 2. AREA-WIDE SPECIAL EXCEPTION USES – Use
Unit 2, located 7209 N. US-169.
Presentation:
Lonnie Basse, stated this is the same
request as above for three fireworks stands in a different location.
Comments and Questions:
Mr. Alberty stated his concerns regarding the location for visibility and
accessibility of fireworks. Mr.
Hutson asked if stands have been there before. Mr. Basse replied that this location has
been used before. Mr. Alberty
stated that other companies have located there also, and that is part of the
reason for his objection.
Interested Parties:
There were no interested parties.
Board Action:
On MOTION
of
Walker, the Board voted 4-1-0
(Walker, Tyndall, Dillard, Hutson "aye"; Alberty "nay"; no "abstentions"; no
"absences") to APPROVE a Special
Exception to permit outdoor sales
(fireworks) in three stands for a period of 30 days in an IL 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:
NE SW NW SW NW, Section 32, T-21-N, R-14-E, Tulsa County, State of
Oklahoma.
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Case
No. 1841
Action Requested:
Special Exception to permit a mini-storage in a CS district. SECTION 710. PRINCIPAL USES PERMITTED IN COMMERCIAL
DISTRICTS – Use Unit 16 & 6; and a Special Exception to permit a dwelling
unit in a CS district to provide security for a mini-storage. SECTION 710. PRINCIPAL USES PERMITTED IN COMMERCIAL
DISTRICTS, located 4335 E. 96th St. N.
Presentation:
Stan Kent, 4335 E. 96th
St. N., proposes to put in a small mini-storage on the subject property. He stated that he purchased a home in
Park Meadows Addition. It would be
used for storage of residents in the immediate neighborhood. The plans submitted are
preliminary. The dwelling that is
on the plans will be his dwelling.
Comments and Questions:
Mr. Alberty asked if the dwelling was included on the plans. The applicant replied that it would be
one of the storage units with a window, and utilities. He stated that irrigation would be his
main concern. Mr. Alberty reminded
the applicant that he could not exceed 50% of the net land area with regards to
the developed area.
Interested Parties:
William Hampton, 4214 E. 97th
St. N, stated his home abuts this property on the north and his concerns were
regarding storm water drainage, and the utility easements.
Comments and Questions:
Mr. Alberty verified the ownership of the property and reminded Mr.
Hampton that all of the property under consideration is CS. He also questioned Mr. Hampton regarding
where the power lines cross the property.
Mr. Kent pointed out where the power lines cross the
property.
Applicant’s Rebuttal:
Mr. Kent stated he would be improving the property with landscape, and
not put anything in that would encourage unwanted traffic.
Comments and Questions:
Mr. Alberty and Mr. Walker were discussing possible need for screening
fence. Mr. West reminded that if it
abuts residential district then screening fence would be required. Mr. Alberty interjected that there was
some confusion as to any R zoning district abutting the property. Mr. Kent asked if the back of he
building would be enough screening.
Mr. West responded that an actual screening fence must be constructed.
Board Action:
On MOTION of Walker, the Board voted 5-0-0
(Alberty, Walker, Tyndall, Dillard, Hutson "aye"; no "nays"; no "abstentions";
no "absences") to APPROVE a Special
Exception to permit a
mini-storage in a CS district; and a Special Exception to permit a
dwelling unit in a CS district to provide security for a mini-storage, with
condition to provide low intensity lighting and away from residential area,
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:
Beg. at the SW/c
of Lot 10, Block 4, Park Meadows, thence N 0º3’23” E for a distance of 150.00’;
thence S 89º56’37” for a distance of 78.89’; thence N 79º36’49” E for a distance
of 499.29’; thence S 0º1’6” E for a distance of 150.00’; thence S 79º36’49” W
for a distance of 499.29’; thence N 89º56’37” W for a distance of 79.05’ to the
POB, Tulsa County, State of Oklahoma.
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Case
No. 1842
Action Requested:
Variance of setback of 75’ to 60’
on IL tract abutting an RS district.
SECTION 930. BULK AND AREA
REQUIREMENTS IN THE INDUSTRIAL DISTRICTS – Use Unit 16; and a Variance of
required paved parking to allow existing gravel. SECTION 1320.G. GENERAL REQUIREMENTS, located 1540 N.
Yale.
Presentation:
Jim Sublett, 1540 N. Yale, stated he
plans to build a mini-storage building.
He described that the property is only 200’ wide and the City has a
sanitary sewer system down the middle.
Comments and Questions:
Mr. Alberty asked for information on the existing structures on the
south. He replied that they are
mini-storage buildings with small units.
The applicant submitted photographs of before and after they made
improvements. The applicant lives
on the premises. The hours of operation are 6:00 a.m. to 9:00 p.m. Mr. Alberty questioned Mr. Sublett
regarding screening to the south.
Mr. Sublett replied that they have a six foot galvanized metal sheeting
security fence.
Interested Parties:
There were no interested parties present who wished to
speak.
Board Action:
On MOTION of Hutson, the Board voted 5-0-0
(Alberty, Walker, Tyndall, Dillard, Hutson "aye"; no "nays"; no "abstentions";
no "absences") to APPROVE a
Variance of setback of 75’
to 60’ on IL tract abutting an RS district; and a Variance of
required paved parking to allow existing gravel, finding the existing
conditions, and 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:
The N 198’ of the SE/4 SE/4 SE/4 of Section 28, T-20-N, R-13-E of the IBM, Tulsa