COUNTY BOARD OF ADJUSTMENT
Tuesday,
August 21, 2001, 1:30 p.m.
|
Alberty,
Chair |
Walker |
Butler |
West,
County Inspector |
|
Tyndall |
|
Fernandez |
|
|
Dillard,
Vice Chair |
|
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|
Hutson |
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The notice
and agenda of said meeting were posted in the Office of INCOG, 201 W.
5th St., Suite 600, Monday, August 20, 2001 at 8:20 a.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.
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Mr. Hutson
arrived @ 1:32 p.m.
MINUTES:
On MOTION of Tyndall, the Board voted
4-0-0 (Alberty, Dillard, Tyndall "aye"; no "nays", no "abstentions; Walker, Hutson "absent") to APPROVE the Minutes of July 17,
2001 (No. 254) as amended Case No. 1844 for the Board to review any future plans
for expansion and development, especially as pertains to the sewer system
capacity.
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UNFINISHED
BUSINESS
Action
Requested:
Special Exception to permit mini-storage in a CS district. SECTION 710. PRINCIPAL USES PERMITTED IN COMMERCIAL
DISTRICTS -- Use Unit 16, located N of NW/c W. 26th St. S. & S.
65th W. Ave.
Presentation:
Diane Fernandez announced that the applicant, Chester W. Wilkins, made a
timely request to withdraw this application. The applicant was not
present.
Interested
Parties:
There
were no interested parties present to speak.
Board
Action:
On
MOTION
of
Dillard,
the Board voted 4-0-0 (Alberty, Tyndall, Dillard, Hutson "aye"; no "nays"; no
"abstentions"; Walker "absent") to ACCEPT
the request for withdrawal of Case No. 1886.
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NEW
APPLICATIONS
Action
Requested:
Special Exception to permit a singlewide mobile home in an RS
district. SECTION 410. PRINCIPAL USES PERMITTED IN RESIDENTIAL
DISTRICTS -- Use Unit 9; and a Variance of Section 208 to permit two dwelling
units per lot of record. SECTION
208. ONE SINGLE-FAMILY DWELLING PER
LOT OF RECORD, located 5639 S. 89th W. Ave.
Presentation:
Pam Pack, 5639 S. 89th W. Ave., stated they propose to
place a new mobile home on the subject property. She stated there are an existing
dwelling and two accessory buildings, one of which is a garage.
Comments and
Questions:
Mr. Alberty verified with the applicant that the mobile would be placed
at the rear of the lot on the east end.
He also verified that Ms. Pack has contacted the County Inspector to find
out all the requirements and the Department of Environmental Quality for septic
tank approval.
Interested
Parties:
Danny Bullington,
5633 S. 89th W. Ave., expressed concern that property values would be
decreased by a mobile home and that the septic lines would have to be right next
to his fence.
Donna Pennick, 3421
S. 68th E. Ave., Berryhill,
stated
she is currently building a home near the subject property. She stated concern that the mobile homes
and accessory buildings would decrease the value of surrounding property.
Board
Action:
On
MOTION
of Tyndall
to DENY
a Special Exception to permit a
singlewide mobile home in an RS district, finding it would be too many
structures on a small lot, FAILED for lack of a second to the
motion.
On
MOTION
of Hutson,
the Board voted 4-0-0 (Alberty, Tyndall, Dillard, Hutson "aye"; no "nays"; no
"abstentions"; Walker "absent") to DENY
a Special Exception to permit a
singlewide mobile home in an RS district, finding a lack of
hardship.
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Action
Requested:
Variance of Section 208 to permit a doublewide manufactured home and an
existing single-family dwelling of one lot of record. SECTION 208. ONE SINGLE-FAMILY DWELLING PER LOT OF
RECORD -- Use Unit 9, located 10265 N. Sheridan.
Presentation:
Glen McCarty, 6319 S. 45th W. Ave., stated they propose
to place a doublewide mobile home on the 10-acres subject property zoned
AG.
Interested
Parties:
Amos Atechula, 5000
E. 94th St. N., Sperry, Oklahoma, stated he opposes the
application. He has purchased a
large amount of land to develop with
$200,000 to $300,000 homes. He
stated that a mobile home would not compliment the character of the
area.
Board
Action:
On
MOTION
of Tyndall,
the Board voted 4-0-0 (Alberty, Tyndall, Dillard, Hutson "aye"; no "nays"; no
"abstentions"; Walker "absent") to APPROVE
a Variance of Section
208 to permit a doublewide manufactured home and an existing single-family
dwelling of one lot of record, with conditions for skirting, tie-downs, DEQ
approval, and a building permit, finding the owner wants to keep the property
under the same ownership.
NW SW NW Section
14, T-21-N, R-13-E, Tulsa County, Oklahoma.
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Action
Requested:
Special Exception to permit a singlewide mobile home in an RS
district. SECTION 410. PRINCIPAL USES PERMITTED IN RESIDENTIAL
DISTRICTS -- Use Unit 9; and a Variance of Section 208 to permit two dwelling
units on one lot of record. SECTION
208. ONE SINGLE-FAMILY DWELLING PER
LOT OF RECORD, located 5102 W. Cameron
Presentation:
Teresa Crabtree, 5148 W. Cameron, stated they plan to tear down
the existing dwelling in one to one and one-half years. They propose to place a mobile home on
the property for their son. There
would be two dwellings for the temporary period.
Comments and
Questions:
Mr. Dillard asked if a two-year limit for two dwellings would meet their
needs. Ms. Crabtree replied that
would be long enough.
Interested
Parties:
There
were no interested parties present who wished to speak.
Board
Action:
On MOTION
of Hutson,
the Board voted 4-0-0 (Alberty, Tyndall, Dillard, Hutson "aye"; no "nays"; no
"abstentions"; Walker "absent") to APPROVE
a Special Exception to permit a
singlewide mobile home in an RS district on a permanent basis; and a
Variance of Section 208 to permit two dwelling units on one lot of
record, with the condition that the existing dwelling be removed within two
years, and skirting, tie-downs, DEQ approval, and a building permit, finding
there are other mobile homes in the area and 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:
A part SE NE,
Beg. 575.00 S and 533.99 E NW/c SE NE thence E 101.80 S 116.09 SW 103.25 N
136.55 POB, Section 5, T-19-N, R-12-E, Tulsa County,
Oklahoma.
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Action
Requested:
Special Exception to permit a single-family dwelling in an RMH zoned
district. SECTION 410. PRINCIPAL USES PERMITTED IN RESIDENTIAL
DISTRICTS -- Use Unit 6, located 1505 S. 263rd W. Ave.
Presentation:
Jim Coleman, P.O. Box 351, Mannford, Oklahoma, stated he owns the
mobile home on the subject property.
He stated that someone wants to build a home there so he plans to move
the mobile home. He would like to
use both lots for the home. A site
plan was provided (Exhibit A-1).
Interested
Parties:
There
were no interested parties present who wished to speak.
Board
Action:
On MOTION
of Tyndall,
the Board voted 4-0-0 (Alberty, Tyndall, Dillard, Hutson "aye"; no "nays"; no
"abstentions"; Walker "absent") to APPROVE
a Special Exception to permit a
single-family dwelling in an RMH zoned district, 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 1, Keystone Manor 1, Tulsa County, Oklahoma.
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Action
Requested:
Special Exception to permit a singlewide mobile home in an RS
district. SECTION 410. PRINCIPAL USES PERMITTED IN RESIDENTIAL
DISTRICTS -- Use Unit 9, located 1217 E. 73rd St. N.
Presentation:
Sharon Ritz, 1217 E. 73rd St. N, stated her nephew owns
the land. She informed the Board
that N. Owasso Pl., but it has never been improved to extend to this
property.
Comments and
Questions:
Mr. Tyndall asked if there is a mobile home on the property
presently. Ms. Ritz replied in the
affirmative. She informed the Board
that previously there have been two different mobile homes placed there at
different times. She replaced the
last one with a new mobile home and then found out about needing a building
permit and other requirements. Ms.
Ritz added that it has been set up with tie-downs, skirting and
electricity. Mr. Alberty asked her
if they enter from 73rd St. N.
She replied that they do, and it is a dead end street. Mr. Hutson asked what the CBOA 349
action was about that was on the building permit. Mr. Albert responded that the Board
placed a time restraint on a mobile home on the property.
Interested
Parties:
There
were no interested parties present who wished to speak.
Board
Action:
On MOTION
of Hutson,
the Board voted 4-0-0 (Alberty, Tyndall, Dillard, Hutson "aye"; no "nays"; no
"abstentions"; Walker "absent") to APPROVE
a Special Exception to permit a
singlewide mobile home in an RS district, with conditions for tie-downs,
skirting, DEQ approval, and building permit, 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, Block 4,
Delaware Gardens, Tulsa County, Oklahoma
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Action
Requested:
Special Exception from 110% setback from AG zoned district. SECTION 1204.3.C.7.a. USE UNIT
4. PUBLIC PROTECTION AND UTILITY
FACILITIES, Use Conditions -- Use Unit 4, located 701 W. 41st
St.
Presentation:
Ms. Fernandez announced to the Board that the applicant made an untimely
request for withdrawal the evening before this hearing. The applicant was not
present.
Interested
Parties:
There
were no interested parties present for Case No. 1893.
Board
Action:
On MOTION
of Dillard,
the Board voted 4-0-0 (Alberty, Tyndall, Dillard, Hutson "aye"; no "nays"; no
"abstentions"; Walker "absent") to ACCEPT
the request for withdrawal of Case No. 1893.
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Action
Requested:
Special Exception to allow cellular telephone tower 300 in height in an
AG zoned district. SECTION
310. PRINCIPAL USES PERMITTED IN
THE AGRICULTURE DISTRICT -- Use Unit 4; and a Special Exception for a
self-supporting non-monopole tower.
SECTION 310. PRINCIPAL USES
PERMITTED IN THE AGRICULTURE DISTRICT, located W side US-169, S of SH-20
Presentation:
Brad Mason, 1208 Whiteoak, Edmond, Oklahoma, stated he was
representing Nextel. They propose
to build a 300 guyed tower on AG zoned land. The company has little or no coverage
for the area at this time. Nextel
has a cell tower site in Owasso and several north and northwest of
Collinsville. He explained that
from the RF studies they found a 300 guyed tower to be the most appropriate for
linking with the other two sites in the area and for future expansion in the
area.
Comments and
Questions:
Mr. Alberty noted that the City of Collinsville Board of Adjustment would
be in support of the tower, except for an ordinance prohibiting tower height to
200, provided they had more documented information and it met their code
requirements and regulations.
Mr. Mason responded that the height would be needed to network with the
other towers over the treetops.
Documentation provided reveals site to be flat farmland zoned AG to the
north 630 to the north line of the landlords property. There is farmland to the east 1760 to
N. 129th E. Ave.
Farmland stretches south 2,000 east to E. 136th St. N. On the west is farmland for 730 to the
edge of a residential area and 570 from the east railroad right-of-way
line. There is a creek and large
trees lying between the proposed site and the railroad and residential
area. The distance and trees hide
the proposed compound site from the view of the residences located in the
area. The nearest towers are:
a U.S. Cellular 150 monopole tower located .62 miles north of the site; a 250
self supporting ATT tower located 1.60 miles north/northwest; a 170 monopole
Cingular tower 0.60 miles northeast; and a 185 Sprint PCS guy tower located ½
mile to the southeast. The proposed
tower would accommodate at least three other carriers and perhaps more for
collocation. There is a 20 wide
easement for ingress, egress and utility purposes from the south/southeast
boundaries.
Mr. Hutson asked if site is within Collinsville city limits. Mr. Mason stated it is just outside of
the city limits. Mr. Alberty noted
that at 300 the applicant would not be able to comply with the setback
guideline for 110% from the adjoining property. Mr. Mason pointed out that the owner of
the subject property also owns the adjacent property that Mr. Alberty was
referring to. Mr. Alberty
questioned Mr. Mason regarding the design of the structures. Mr. Mason described the tower as a
lattice work with the guy wires, the equipment shelter would be 11 ½ x 20 x 9 ½ , with a prefabricated structure at
the base of the tower. The 100 x
100 base area would be surrounded by 6 cyclone fence and protective wire to
keep people out and gravel surface.
Mr. Dillard questioned Mr. Mason regarding landscaping. He was open to landscaping as required
by the zoning code.
Interested
Parties:
Bill Holman,
2012 Valleyview Dr., Claremore, Oklahoma, stated he is a property owner and that
this site would look better than some other properties in the area.
Board
Action:
On MOTION
of Hutson,
the Board voted 4-0-0 (Alberty, Tyndall, Dillard, Hutson "aye"; no "nays"; no
"abstentions"; Walker "absent") to APPROVE
a Special Exception to allow
cellular telephone tower 300 in height in an AG zoned district; and a
Special Exception for a self-supporting non-monopole tower, per
presentation, 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,
Site lease area:
A 100 by 100 leased area lying within and being a part of the E/2 NW/4 SE/4 of
Section 29, T-22-N, R-14-E of the IBM on the parent tract: SE/4 NE/4 and the
SE/4 SW/4 NE/4 and NE/4 SE/4 and the E/2 NW/4 SE/4 of Section 29, T-22-N, R-14-E
of IBM, Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception to allow a manufactured home in an RS zoned
district. SECTION 410. PRINCIPAL USES PERMITTED IN RESIDENTIAL
DISTRICTS -- Use Unit 9; a Variance to allow two dwelling units on one lot. SECTION 208. ONE SINGLE-FAMILY DWELLING PER LOT OF
RECORD; and a Variance of the 20 rear setback to 5. SECTION 430. BULK AND AREA REQUIREMENTS IN
RESIDENTIAL DISTRICTS, located NE/c W. 54th St. & 43rd
W. Ave.
Presentation:
Nancy Rosson, 8356 S. 129th W. Ave., Sapulpa, Oklahoma,
stated her father owns the property.
He is currently ill and needs 24 hour care. The family has owned the property, he
has lived there a long time and they are concerned that he would get more
confused if they tried to move him.
She would live in the mobile home for the remainder of his life in his
home.
Comments and
Questions:
Mr. Alberty noted that Ms. Rosson asked for this relief on a temporary
basis. He indicated that the area
is transitioning to industrial.
Interested
Parties:
There
were no interested parties present who wished to speak.
Board
Action:
On MOTION
of Hutson,
the Board voted 4-0-0 (Alberty, Tyndall, Dillard, Hutson "aye"; no "nays"; no
"abstentions"; Walker "absent") to APPROVE
a Special Exception to allow a
manufactured home in an RS zoned district; a Variance to allow two
dwelling units on one lot; and a Variance of the 20 rear setback
to 5, per presentation, 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:
Lots 9 and 10,
Block 17, Opportunity Heights, Tulsa County, State of
Oklahoma.
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Action
Requested:
Variance of the required 200 average lot width to 165 for lot
split. SECTION 330. BULK AND AREA REQUIREMENTS IN THE
AGRICULTURE DISTRICTS -- Use Unit 6, located 4324 S. 73rd W.
Ave.
Presentation:
Carl Westfall, 4222 S. 73rd W. Ave., stated his request
for relief.
Comments and
Questions:
Mr. Alberty noted the need for the 30 strip to meet the code requirement
for frontage on a dedicated street.
Interested
Parties:
There
were no interested parties present who wished to speak.
Board
Action:
On MOTION
of Tyndall,
the Board voted 4-0-0 (Alberty, Tyndall, Dillard, Hutson "aye"; no "nays"; no
"abstentions"; Walker "absent") to APPROVE
a Variance of the
required 200 average lot width to 165 for lot split, 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:
A tract of land
situated in the NE/4 NW/4 of Section 30, T-19-N, R-12-E of the IBM, Tulsa
County, State of Oklahoma, being more particularly described as follows, to wit:
Beg. at the SE/c of said NE/4, thence N 0Ί3700 W along the E line of said
NE/4, a distance of 30.00 to a point, thence S 88Ί5208 W a distance of
362.94 to a point, thence N 00Ί3700 W a distance of 300.66 to a point,
thence S 88Ί5208 W a distance of 297.35 to a point, thence S 00Ί3739 E a
distance of 330.66 to a point, thence N 88Ί5208 E a distance of 660.24 to
the POB.
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There being no further business, the meeting was adjourned at 2:53 p.m.
Date approved: ___________________________________
___________________________________
Chair