COUNTY BOARD OF ADJUSTMENT
Tuesday,
June 19, 2001, 1:30 p.m.
|
Alberty,
Chair |
Walker |
Butler |
West,
Co. Inspec. |
|
Tyndall |
Dillard,
Vice Chair |
Fernandez |
|
|
Hutson |
|
|
|
The notice
and agenda of said meeting were posted in the Office of INCOG, 201 W.
5th St., Suite 600, Friday, June 15, 2001 at 8:00 a.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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MINUTES:
On
MOTION of Hutson, the Board voted 3-0-0 (Alberty, Tyndall, Hutson
“aye”, no
"nays"; no "abstentions"; Walker, Dillard “absent”) to CONTINUE the May 15, 2001
minutes to the next County Board of Adjustment meeting, June 19, 2001.
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UNFINISHED
BUSINESS
Action
Requested:
Variance of Section 240.2.E to
permit an accessory building of 2,400 sq. ft. in an RS district. SECTION 240.2. YARDS, Permitted Yard
Obstructions -- Use Unit 6; and a Variance to permit the accessory use on a lot
adjoining the principal dwelling unit (under common ownership) as the principal
and only use on the lot, located 742 N. Willow St.
Presentation:
Diane Fernandez, stated that this case was re-advertised, and it
would have been heard by the City of Sand Springs but they did not have a quorum
for this particular Board of Adjustment referral.
Ronald Shipman, 724 Willow St., Sand Springs, stated he wants to
build a building for equipment for a small siding business, including trailers
and equipment. He owns four lots,
and his house is on one of them. He
stated that the building would be 260’ from the street and at the bottom of a
six-foot drop-off to prevent disrupting the view for anyone. He added that he would be willing
to put in trees for screening. He
discussed with neighbors and they are in support.
Comments and
Questions:
Mr. Alberty asked for a hardship.
Mr. Shipman stated the hardship would be security. A number of things have been stolen from
him. Mr. Alberty asked what type of
business Mr. Shipman has. He
replied it is a siding business.
Mr. Alberty asked where he runs his business. Mr. Shipman replied he runs it out of
his home. He takes customer phone
calls and goes out to the customers home, the customers do not come to his
home.
Interested
Parties:
There were no interested parties present who wished to
speak.
Board
Action:
On
MOTION
of Tyndall,
the Board voted 3-0-0 (Alberty,
Tyndall, Hutson “aye”, no "nays"; no
"abstentions"; Walker, Dillard “absent”) to DENY a Variance of Section
240.2.E to permit an accessory building of 2,400 sq. ft. in an RS district; and
a Variance to permit the accessory use on a lot adjoining the
principal dwelling unit (under common ownership) as the principal and only use
on the lot, for lack of hardship and finding it would cause substantial
detriment to the public good or impair the purposes, spirit, and intent of the
Code, or the Comprehensive Plan.
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NEW
APPLICATIONS
Action
Requested:
Variance to permit an accessory
structure on a lot that does not contain a principal dwelling unit to permit a
lot split. SECTION 420. ACCESSORY USES IN RESIDENTIAL DISTRICTS
-- Use Unit 6, located 6505 W. 42nd St.
Presentation:
Ms.
Fernandez, informed Board that a letter was submitted to the Board regarding the
Sand Springs Board of Adjustment action in support of the application.
Gene Crawford, 6505 W. 42nd St., stated he built a
garage without a permit and was not aware of the restriction. He wanted to get a lot-split to build a
new house on the other lot.
Comments and
Questions:
Mr. Alberty asked for the schedule for construction. Mr. Crawford responded that it is
eminent.
Interested
Parties:
Ron Wirch, stated
he is a broker and represents Stratford Estates subdivision. He is aware of the garage Mr. Crawford
has built. The homes in this area
are custom-built 2,900 to 3,000 square foot homes. They have already purchased property
around this property for residential development. They are interested in the type of home
to be built. He spoke in favor of
the variance judging the quality of the garage Mr. Crawford built.
Board
Action:
On
MOTION
of Tyndall,
the Board voted 3-0-0 (Alberty,
Tyndall, Hutson “aye”, no "nays"; no
"abstentions"; Walker, Dillard “absent”) to APPROVE a Variance to permit
an accessory structure on a lot that does not contain a principal dwelling unit
to permit a lot split, with the time period to begin construction of five
months, finding the lots would be compatible with others in the area, on the
following described property:
A strip, piece or
parcel of land lying in the E 330.00’ of the NE/4 NE/4 of Section 30, T-19-N,
R-12-E, Tulsa County, State of Oklahoma, said parcel being described as follows:
commencing at the NW/c of said E 330.00’ of the NE/4 NE/4; thence S 00º45’13” E
along the W line of said E 330.00’ of the NE/4 NE/4 a distance of 140.00’;
thence N 88º58’52” E parallel to the N line of said NE/4 NE/4 a distance of
175.00’; thence N 88º58’52” E a distance of 29.52’; thence S 85º14’29” E a
distance of 126.06’ to a point on the E line of Section 30, said point being
152.69’ S NE/c of Section 30; thence S 00º45’13” E along said E line a distance
of 218.00’ to the POB, thence continuing S 00º45’13” E a distance of 179.31’;
thence S 88º58’52” W a distance of 330.00’ of the NE/4 NE/4; thence N 00º45’13”
W along said W line a distance of 106.56’ to a point of curve; thence along said
curve to the left from which a tangent bears S 58º21’14” E with a radius of
37.5’ a distance of 52.15’; thence N 75º41’42” E a distance of 290.44’ to the
POB.
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Action
Requested:
Special Exception to allow 190’ cellular tower in an AG zoned
district. SECTION 310. PRINCIPAL USES PERMITTED IN THE
AGRICULTURE DISTRICT -- Use Unit 4; and a Special Exception of the required 110%
from AG zoned district from 210’ to 59’ on north and 48’ on south (this is a
monopole design). SECTION 1204.3.
USE UNIT 4. PUBLIC PROTECTION AND
UTILITY FACILITIES, Use Conditions, located N of NE/c W. 131st St.
& S. Elwood.
Presentation:
Denny Redmon, 1535 S. Memorial Dr., Ste. 119, submitted a packet
of exhibits (Exhibit B-1). He
stated Hemphill Corporation proposes to construct a 190’ monopole to serve the
needs of the Glenpool area. There
are two other towers on the property owned by Cricket and AT&T. The height of those towers does not
accommodate the needs of their proposed carrier. The surrounding property is zoned
AG. This facility would be designed
to provide for collocation of six users.
An eight-foot chain-link security fence would surround the facility. Access will be west of the existing
AT&T fence from the gravel road.
The topography of the land is flat with a few trees. The facility would be on a 75’ X 75’
tract on the ten-acre parent tract.
Landscaping will be done as required by Code.
Interested
Parties:
James
Creekmore,
129th and S. Elwood, stated he lives across the street from the
subject property. His concerns were
for any hazard to health at this distance and if the tower would interfere with
television reception. He complained
that he didn’t like the presence of two towers and this would make three in
front of his home.
The City of
Jenks
recommended approval of the application with the stipulation that landscaping
with trees be provided around the entire compound as screening. A letter was submitted to the
Board (Exhibit B-2).
Applicant’s
Rebuttal:
Mr. Redmon stated that the electromagnetic energy from these towers is
emitted 190’ to 100’ in the air. At
this level it is not hazardous to health according to our federal government,
and it does not cause interference with television reception.
The Board reviewed the Zoning Code requirements as provided in the
agenda.
Board
Action:
On
MOTION
of Hutson,
the Board voted 3-0-0 (Alberty,
Tyndall, Hutson “aye”, no "nays"; no
"abstentions"; Walker, Dillard “absent”) to APPROVE a Special
Exception to allow
190’ cellular tower in an AG zoned district; and a Special
Exception of the required 110% from AG zoned district from 210’ to 59’
on north and 48’ on south (this is a monopole design), with the condition for
landscaping to soften ground and visual effect on the north and west, 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 S/2 N/2 SW/4
SW/4, Section 1, T-17-N, R-12-E, Tulsa County, State of
Oklahoma.
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Action
Requested:
Variance of the required 30’
frontage on a public street to 0’.
SECTION 207. STREET FRONTAGE
REQUIRED -- Use Unit 6, located 11201 N. 41st E.
Ave.
Presentation:
Roger McMillan, stated the applicant asked him to speak on his
behalf as he is not fluent in English.
He submitted an Quit Claim Deed, map, affidavit, photos and grants of easements (Exhibits
C-1, C-2, C-3, C-4, C-5, and C-6).
He commented that other variances have been approved north of the
property.
Comments and
Questions:
Mr. Alberty asked if the property would stay under one ownership. Mr. McMillan replied it is for one
dwelling and one ownership. He
added that Mr. Gomez does not plan
to develop the land for more homes.
Mr. McMillan stated that he has hauled gravel to help Mr. Gomez maintain
the road.
Interested
Parties:
Jim Spears,
stated that he warned Mr. Gomez that he might have trouble getting utilities and
access because Mr. Delk had problems previously. Mr. Spears had complaints that Mr. Gomez
has built buildings, prepared for a rodeo pen on the property, has a lot of
traffic to his place that is suspicious in nature, and other loud and disorderly
conduct. Mr. Gomez offered to buy
Mr. Spears’ property for less than he paid for it. He identified easements to Mr. Alberty
that he and Mr. Delk have maintained.
Tom Baker,
3821 E. 106th St. N., Sperry, Oklahoma, was interested in the purpose
of the variance requested.
Mr. Alberty responded that the Code requires access to a publicly
dedicated roadway. The County
Inspector could not issue a permit for construction unless the applicant gets a
variance. He asked if it is known
what Mr. Gomez plans to develop. He
stated there is a horse track on the property.
Mr. Alberty allowed Jim Spears to speak again. Mr. Spears informed the Board that Mr.
Gomez had moved a doublewide mobile on the property and put in a lagoon
already.
Bill
Parker,
stated he lives on 116th St. and he has noticed unusual traffic to
this property. The dirt roads are
not conducive to much traffic. He
has noticed an arena and stated that there are several structures on the
property. He stated that the
property is landlocked.
Comments and
Questions:
Mr. Alberty asked Mr. West if he knew of any permits issued for
construction on the subject. Mr.
West replied that he was not aware of any.
He added that the applicant was supposed to go to the Board of Adjustment
two or three years ago, but never did.
Applicant’s
Rebuttal:
Mr. McMillan stated that Mr. Gomez went through all the right channels
for utilities and lagoon system, except for electricity. He then was informed he needed a
building permit. Mr. Gomez has paid
for asphalt for the road improvement, with no reimbursement from the
neighbors. He has hauled numerous
loads of gravel for the road also.
He stated that if Mr. Gomez’ land is landlocked then the Delk and Spears
property is also landlocked.
Board
Action:
On MOTION
of Hutson,
the Board voted 3-0-0 (Alberty,
Tyndall, Hutson “aye”, no "nays"; no
"abstentions"; Walker, Dillard “absent”) to CONTINUE Case No. 1868 to the
meeting on July 17, 2001 to determine if the easements connect and provide
roadway easement to 116th St.
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Action
Requested:
Variance of required 30’ of
frontage on a public street or dedicated right-of-way. SECTION 207. STREET FRONTAGE REQUIRED -- Use Unit 6,
located 4136 S. 78th W. Ave.
Presentation:
Ms. Fernandez stated that the legal description has been revised. It is surrounded by AG zoning and there
is no access to 78th W. Ave.
78th W. Ave. is not a County maintained road.
Patricia Sullivan, 406 Angus Dr., Sand Springs, Oklahoma, stated
the property was given to her. She
stated that the road is private, the lake is at the back of the property. The previous owner offered a 40’ private
road to be dedicated but the County did not accept it.
Comments and
Questions:
Mr. Alberty determined that the road is in place. Ms. Fernandez explained that the history
shows her property is slightly smaller than five acres. Mr. Alberty suggested the 40’ roadway
easement be dedicated and filed on record, even though Tulsa County would not
maintain it.
Interested
Parties:
There
were no interested parties present who wished to speak.
Board
Action:
On MOTION
of Hutson,
the Board voted 3-0-0 (Alberty,
Tyndall, Hutson “aye”, no "nays"; no
"abstentions"; Walker, Dillard “absent”) to APPROVE a Variance of required
30’ of frontage on a public street or dedicated right-of-way, contingent on
filing 40’ dedicated roadway easement, 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:
S/2 S/2 NW NW NW,
less E 20’ for road; and N/2 S/2 NW NW NW, less E 20’ for road; and S 330’ W
640’ SW NW NW; and NW NW, less E 680’ and less N 660’ W 640’ and less S 330’ W
640’ SW NW NW, all in Section 30, T-19-N, R-12-E, Tulsa County, State of
Oklahoma.
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Action
Requested:
Special Exception to allow a Use Unit 2 fire works tent in an RS zoned
district from June 20, 2001 to July 5, 2001. SECTION 410. PRINCIPAL USES PERMITTED IN RESIDENTIAL
DISTRICTS and SECTION 1202.3. USE UNIT 2.
AREA-WIDE SPECIAL EXCEPTION USES, Use Conditions -- Use Unit 2; and a
Variance of all-weather surface for temporary use. SECTION 1340.D. DESIGN STANDARDS FOR OFF-STREET PARKING
AREAS, located 6605 W. 7th St.
Presentation:
John Tittle, Jr., 10545 Hectorville Rd., Mounds, Oklahoma stated
he was told he needed a tent permit to sell fireworks. He leased the property in February 2000
and has a contract with property owner.
He has operated fireworks stands for the last five years. He would like to sell fireworks from
June 20, 2001 to July 5, 2001.
Interested
Parties:
Judy Ford, 473
S. 65th W. Ave., was concerned about the all-weather surface. Mr. Alberty explained that he wants a
variance from having to have an all-weather surface. She asked if this application would be
for just this season this year. Mr.
Alberty responded it would be for just these dates. She asked about hours of operation and
the size of the tent. Mr. Alberty
stated no hours have been specified and the tent is 30’ X 58’.
Robert
Jenkins,
6436 W. 6th, was concerned about safety, stating that in past years
fireworks were set off too close to the tent.
Gwendolyn
Jenkins,
6436 W. 6th, stated concern regarding the bike trail in close
proximity to the stand. She stated
that in the past the fireworks would be set off too close to her house and her
hen house also. She is opposed for
safety reasons.
Applicant’s
Rebuttal:
Mr.
Tittle informed the Board that he has a more responsible person managing the
stand this year.
Board
Action:
On MOTION
of Tyndall,
the Board voted 3-0-0 (Alberty,
Tyndall, Hutson “aye”, no "nays"; no
"abstentions"; Walker, Dillard “absent”) to APPROVE a Special
Exception to allow a
Use Unit 2 fire works tent in an RS zoned district from June 20, 2001 to July 5,
2001; and a Variance of all-weather surface for temporary use,
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 part of the
SE/4 SE/4 of Section 6, T-19-N, R-12-E of the IBM, described as follows: Beg. at
the SE/c of the said described above land, thence W 776.5’; thence N 561’;
thence E 776.5’; thence S 561’ to POB, Tulsa County, State of
Oklahoma.
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Action
Requested:
Special Exception to allow Use Unit 2 fire works stand in an AG zoned
district, June 20, 2001 to July 5, 2001.
SECTION 310. PRINCIPAL USES
PERMITTED IN THE AGRICULTURE DISTRICT -- Use Unit 2; and a Variance of
all-weather surface for temporary use, located 13607 E. 111th
St.
Presentation:
John Tittle, Jr., 10545 Hectorville Rd., Mounds, Oklahoma, stated
the same people have run this stand for the last three years. They are very conscientious
operators. He has a lease and
contract for the tent at this location.
Interested
Parties:
Ellen Neal,
11206 S. 92nd E. Ave., Bixby, Oklahoma, wanted to know if this
location was within the city limits.
Mr. Alberty replied it was not.
Board
Action:
On MOTION
of Hutson,
the Board voted 3-0-0 (Alberty,
Tyndall, Hutson “aye”, no "nays"; no
"abstentions"; Walker, Dillard “absent”) to APPROVE
Special
Exception to allow
Use Unit 2 fire works stand in an AG zoned district, June 20, 2001 to July 5,
2001; and a Variance of all-weather surface for temporary use,
finding that 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:
E/2 SE SE SW Section 28, T-18-N, R-14-E, Tulsa County, State of Oklahoma.
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Action
Requested:
Variance to permit two dwelling
units on one lot of record. SECTION
208. ONE SINGLE-FAMILY DWELLING PER
LOT OF RECORD -- Use Unit 9, located 4848 W. 26th
St.
Presentation:
Karen Suitor, 6727 W. 26th St., proposes to place a
doublewide mobile home on the backside of the subject property. She stated that previously a singlewide
mobile was put in there. The septic
is in good working order. The
utilities connections are present, and it has a gravel driveway. She had new water and gas lines
put in.
Comments and
Questions:
Mr. Alberty asked if there are other doublewide mobile homes in the
neighborhood. Ms. Suitor replied
that there are several single and doublewide homes in the area. Mr. Alberty recognized there was no
density issue in this case.
Interested
Parties:
There
were no interested parties present who wished to speak.
Board
Action:
On MOTION
of Tyndall,
the Board voted 3-0-0 (Alberty,
Tyndall, Hutson “aye”, no "nays"; no
"abstentions"; Walker, Dillard “absent”) to APPROVE a Variance to permit
two dwelling units on one lot of record, with conditions for DEQ approval,
skirting, tie-downs and building permit, 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:
NW NW NW SW
Section 16, T-19-N, R-12-E, Tulsa County, State of
Oklahoma.
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Action
Requested:
The applicant has requested to withdraw the application. Ms. Fernandez stated the staff requests
a refund of $160.00 to the applicant.
Board
Action:
On MOTION
of Hutson,
the Board voted 3-0-0 (Alberty,
Tyndall, Hutson “aye”, no "nays"; no
"abstentions"; Walker, Dillard “absent”) to APPROVE
a
REFUND of $160.00 to the
applicant.
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Action
Requested:
Special Exception to allow a single-wide manufactured home in an RS zoned
district. SECTION 410. PRINCIPAL USES PERMITTED IN RESIDENTIAL
DISTRICTS -- Use Unit 9, located W of NW/c W. 57th St. & S.
97th E. Ave.
Presentation:
J.C. Doyle, 9919 W. 57th St., stated he bought the lot
next door. He had previously
obtained a special exception for a doublewide mobile home. Now they need an exception for a
singlewide. He added there
are several mobile homes in the area.
Interested
Parties:
There
were no interested parties present who wished to speak.
Board
Action:
On MOTION
of Hutson,
the Board voted 3-0-0 (Alberty,
Tyndall, Hutson “aye”, no "nays"; no
"abstentions"; Walker, Dillard “absent”) to APPROVE a Special
Exception to allow a
singlewide manufactured home in an RS zoned district or a doublewide, 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:
W 100’ Lot 4,
Block 1, Hill Top Addition, Tulsa County, State of
Oklahoma.
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Action
Requested:
Variance to permit more than one
single-family dwelling or mobile home on one lot of record to permit three
dwelling units. SECTION 208. ONE SINGLE-FAMILY DWELLING PER LOT OF
RECORD -- Use Unit 6, located 2543
E. 86th St. N.
Presentation:
William Domres, 2425 W. Hwy. 66, Sapulpa, Oklahoma stated he
proposes to place a doublewide mobile home on his father’s land. There are currently two dwellings on the
property.
Comments and
Questions:
Mr. Alberty asked if the applicant had checked the flood plain. Mr. West stated the location is in the
100-year flood plain. He would just
need to elevate the home to be one foot above. Mr. Alberty noted there were greater
than ten acres of property. Mr.
Alberty advised Mr. Domres to get a percolation test. Mr. Domres replied that it has been
done.
Interested
Parties:
There
were no interested parties present who wished to speak.
Board
Action:
On MOTION of Hutson, the Board voted 3-0-0 (Alberty, Tyndall, Hutson “aye”, no "nays"; no "abstentions"; Walker, Dillard “absent”) to APPROVE a