COUNTY BOARD OF ADJUSTMENT
Tuesday,
November 20, 2001, 1:30 p.m.
|
Alberty,
Chair |
|
Butler |
West,
Co. Inspect. |
|
Tyndall |
|
Fernandez |
|
|
Walker |
|
|
|
|
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, Friday, November 16, 2001 at 8:25 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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MINUTES:
On MOTION of Walker, the Board voted 5-0-0 (Alberty,
Dillard, Walker, Tyndall, Hutson "aye"; no "nays", no "abstentions; no
"absences") to APPROVE the
Minutes of October 16, 2001 (No. 257).
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UNFINISHED
BUSINESS
Action
Requested:
Variance of minimum average lot width to permit a lot split from 200 to
165. SECTION 330. BULK AND AREA REQUIREMENTS IN THE
AGRICULTURE DISTRICTS -- Use Unit 6, located 4446 S. 162nd W.
Ave.
Presentation:
This
case was continued from the September and October meetings. Mrs. Fernandez stated that the applicant
has sold the property and did not contact INCOG staff regarding the
application. Staff recommends
denial of this case.
Interested
Parties:
There
were no interested parties who wished to speak.
Board
Action:
On Motion of Walker, the Board voted 5-0-0 (Alberty, Tyndall, Walker, Dillard, Hutson "aye"; no "nays"; no "abstentions"; no "absences") to DENY a Variance of minimum average lot width to permit a lot split from 200 to 165, on the following described property:
Pt. of the SE/4 NE/4 of Section 30, T-19-N, R-11-E of the IBM, Tulsa County, State of Oklahoma, more particularly described as follows: Beg. at a point 2,640 N and 1,339 W of the SE/c of Section 30, T-19-N, R-11-E, thence N 330; thence E 654; thence S 330; thence W 654 to the POB.
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Action
Requested:
Special Exception to construct a 250 monopole cellular transmission
tower on property zoned AG. SECTION
1204.C.3.2. USE UNIT 4. PUBLIC PROTECTION AND UTILITY FACILITIES
Use Unit 4, located Tulsa State Fairgrounds/Expo Square.
Presentation:
Mrs.
Fernandez presented the application and request for continuance, and the
applicant was not present.
Interested
Parties:
There
were no interested parties who wished to speak.
Board
Action:
On
Motion of Walker, the Board voted 5-0-0 (Alberty, Tyndall, Walker,
Dillard, Hutson "aye"; no "nays"; no "abstentions"; no "absences") to CONTINUE
Case No. 1919 to the meeting on December 18, 2001.
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NEW
APPLICATIONS
Action
Requested:
Special Exception to allow mobile home in RS zoned district. SECTION 410. PRINCIPAL USES PERMITTED IN RESIDENTIAL
DISTRICTS Use Unit 9, located 901 W. 6th St.
Presentation:
Mrs.
Fernandez informed the Board that the Sand Springs Board of Adjustment sent a
letter of support for this application.
Theresa Wooten, 10943 W. 71st St. S., Sapulpa,
Oklahoma, stated she would like to put a mobile home on the subject
property.
Comments and
Questions:
Mr.
Alberty asked if there was anything else located on the property. Ms. Wooten replied there is a small
shed. She added that a percolation
test was done and a septic tank was placed on the property. Mr. Alberty asked about other mobile
homes. She responded there are
several other mobiles on Valley Drive, and some are family members.
Interested
Parties:
Rachel Roland, 600
N. Valley Dr., expressed her concerns regarding runoff water onto her property
since they put in landfill on the subject property. She stated that the water has also moved
sand onto her fence. She was
concerned that the owner has not mowed the street front since the landfill.
Comments and
Questions:
Mr.
Alberty asked if she had any concerns with the proposed mobile home. Ms. Roland stated that she does not have
any objection to an owner occupancy as long as it does not negatively impact her
own property and that they maintain the property.
Applicants
Rebuttal:
Ms.
Wooten acknowledged that the land had to be leveled out to place their
home. She assured the Board that
the property would be maintained.
Board
Action:
On
Motion
of Walker,
the Board voted 5-0-0 (Alberty, Tyndall, Walker, Dillard, Hutson "aye"; no
"nays"; no "abstentions"; no "absences") to APPROVE
a Special Exception to allow
mobile home in RS zoned district, with conditions for DEQ approval, tie-downs,
skirting, building permit, and approval of a development plan by the County
Engineer for correction of the drainage, finding 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 C, Block 15, Charles Page Home Acres, No. 2, a Subdivision in Tulsa
County, State of Oklahoma, according to the recorded replat and resubdivision
plat thereof; and replat and resubdivision of the S/2 (S 50) of Lot 12, Block
15 of Charles Page Home Acres No. 2 Subdivision.
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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; and a Special Exception to allow two manufactured homes in a RS
district. SECTION 440. SPECIAL EXCEPTION USES IN RESIDENTIAL
DISTRICTS, REQUIREMENTS Use Unit 9, located 5906 S. 68th W.
Ave.
Presentation:
Eva Woods, 4607 S. 81st W. Ave., stated they purchased
the land with a mobile home existing on it. They were unaware there was no permit
for the mobile. When they moved the
second mobile home onto the property they discovered they needed permits for
both homes. She submitted
photographs (Exhibit A-1) to the Board.
Ms. Woods stated they plan to pay off the land and first mobile home,
then build a home and remove the mobiles.
Comments and
Questions:
Mr.
Alberty asked if these are rental properties. Ms. Woods replied that they are. He asked if the surrounding mobile homes
are on similar size lots. She
replied that the other lots are smaller.
Mr. Hutson asked about the temporary time for the mobiles to be on the
property. Ms. Woods stated they
plan to pay off $11,000, and then build and remove the
mobiles.
Interested
Parties:
There
were no interested parties who wished to speak.
Board
Action:
On
Motion of Hutson,
the Board voted 5-0-0 (Alberty, Tyndall, Walker, Dillard, Hutson "aye"; no
"nays"; no "abstentions"; no "absences") to APPROVE
a Variance to allow
two dwelling units on one 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 Comprehensive Plan; and a Special Exception to allow two
manufactured homes in a RS district, as submitted, with conditions for DEQ
approval, tie-downs, skirting, and building permit, on the following described
property:
Lots 1 - 5 and N 18.75 of Lot 6, Block 52, Taneha Addition, Tulsa
County, State of Oklahoma.
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Action
Requested:
Special Exception for a Bed and Breakfast establishment in an existing
residential dwelling located in an AG district. SECTION 1202. USE UNIT 2. AREA-WIDE SPECIAL EXCEPTION USES Use
Unit 2, located 17482 S. 145th E. Ave.
Presentation:
Lee Belmonte, 17505 S. 145th E. Ave., Bixby, Oklahoma,
stated he lives across the road from the subject property. He submitted photographs (Exhibit B-1)
to the Board. He proposes to rent
the whole house to one party at a time for up to ten nights per month. He specified that they do not plan to
rent out by the room.
Comments and
Questions:
Mr.
Alberty verified that they intend to rent for short-term stays versus long-term
as a rent house. He went over the
six zoning code conditions for a bed and breakfast with the applicant. Mr. Belmonte pointed out that the limit
of guest rooms did not apply, and they do not plan to do special events.
Interested
Parties:
There
were no interested parties who wished to speak.
Board
Action:
On
Motion of Hutson,
the Board voted 5-0-0 (Alberty, Tyndall, Walker, Dillard, Hutson "aye"; no
"nays"; no "abstentions"; no "absences") to APPROVE
a Special Exception for a Bed
and Breakfast establishment in an existing residential dwelling located in an AG
district, per zoning code and as presented, finding 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 property described as
follows:
A one and
one-half acre tract of land in the SE/4 NE/4 of Section 33, T-17-N, R-14-E of
the IBM, Tulsa County, State of Oklahoma, composed of the two following tracts:
a) A one acre tract of land in the SE/4 NE/4 of Section 33, T-17-N, R-14-E, of
the IBM, Tulsa County, State of Oklahoma, lying immediately W of the E 105.00
of said NE/4, more particularly described as: From a 4 Brass Disk at the NE/c
of said Section 33, go S 0°5708 E
along the E Section line of Section 33 a distance of 1780.16 to a PK Nail and
2 Washer, thence S 81°4629 W a
distance of 105.00 to the POB, thence S 0°5708 E a
distance of 208.71, thence S 81°4629 W a
distance of 208.71, thence N 0°5708 W a
distance of 208.71, thence N 81°4629 E a
distance of 208.71 to the POB containing 1.00 acre. This tract is restricted from being
transferred or conveyed as above described without including the following
described tract (b. below) unless the Tulsa Metropolitan Planning Commission, or
its successors, according to law, approves such a conveyance or transfer. b)
From a 6.36 tract being the E 105.00 of the NE/4 of Section 33, T-17-N, R-14-E,
remove the following one-half acre tract and annex it to tract a. above: A
one-half acre tract of land in the SE/4 NE/4 of Section 33, T-17-N, R-14-E of
the IBM, Tulsa County, State of Oklahoma, more particularly described as: From a
4 Brass Disk at the NE/c of said Section 33, go S 0°5708 E
along the East Section line of Section 33 a distance of 1780.16 to a PK Nail
and 2 washer, the POB, thence S 0°5708 E a
distance of 208.71, thence S 81°4629 W a
distance of 105.00, thence N 0°5708 W a
distance of 208.71, thence N 81°4629 E a
distance of 105.00 to the POB, containing 0.50 acre. Basis of bearings: Oklahoma State Plane
Coordinate System North Zone together with all the improvements and
appurtenances on the premises, and warrant the title to the same.
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Action
Requested:
Variance of the average lot width from 200 to 165 to allow a lot-split
(L-19312). SECTION 330. BULK AND AREA REQUIREMENTS IN THE
AGRICULTURE DISTRICTS Use Unit 6, located 5022 S. 193rd W.
Ave.
Presentation:
Ms.
Fernandez stated this property is within the Sand Springs fence line, and
submitted a letter from the Sand Springs Board of Adjustment in support of the
application.
Leo Compton, 1328 E. 38th St., Apt. D, stated that
together with two friends, he had bought twenty acres. The plan was to split into two five-acre
tracts and a ten-acre tract, with plans to build homes on the properties.
Interested
Parties:
Michael Hix, 4814
S. 193rd W. Ave., stated he wanted to find out the applicants plans
for the property.
Comments and
Questions:
Mr.
Walker asked Mr. Hix if 193rd W. Ave. is open. Mr. Hix replied that it is a dead end
road. Mr. Walker pointed out to the
applicant that the road is not county maintained.
Board
Action:
On
Motion of Walker,
the Board voted 5-0-0 (Alberty, Tyndall, Walker, Dillard, Hutson "aye"; no
"nays"; no "abstentions"; no "absences") to APPROVE
a Variance of the
average lot width from 200 to 165 to allow a lot-split (L-19312), noting to
the applicant that the 193rd W. Ave. has not been accepted by the
county and is not maintained by the county, and finding that it will not cause
substantial detriment to the public good or impair the purposes, spirit, and
intent of the Code, or Comprehensive Plan, on the property described as
follows:
N/2 N/2 N/2 SE SE and S/2 N/2 N/2 SE SE, Tulsa County, State of
Oklahoma.
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Action
Requested:
Variance of the allowable size for an accessory building in an RS zoned
district from 750 sq. ft. to 960 sq. ft.
SECTION 240.2.E. YARDS, Permitted Yard Obstructions Use Unit 6, located
608 Loop Dr.
Presentation:
Ms.
Fernandez informed the Board that the property is within the Sand Springs fence
line, and a letter (Exhibit C-1) was before the Board from the Sand Springs
Board of Adjustment in support of the application.
Virgil Boyer, 608 Loop Dr., Sand Springs, Oklahoma, stated he
plans to build a metal building with cement floor for restoring old
automobiles. He informed the Board
there are numerous metal buildings in the neighborhood even larger than the
proposed building. He submitted
photographs (Exhibit C-2) to the Board.
Comments and
Questions:
Mr.
Tyndall asked if he would be doing car repairs or strictly restoring. Mr. Boyer replied that he has autos in
several places and he wants to bring them to one place.
Interested
Parties:
There
were no interested parties who wished to speak.
Board
Action:
On
Motion of Walker,
the Board voted 5-0-0 (Alberty, Tyndall, Walker, Dillard, Hutson "aye"; no
"nays"; no "abstentions"; no "absences") to APPROVE
a Variance of the
allowable size for an accessory building in an RS zoned district from 750 sq.
ft. to 960 sq. ft., finding there are several other similar buildings in the
area, and finding it will not cause substantial detriment to the public good or
impair the purposes, spirit, and intent of the Code, or Comprehensive Plan, on
the following described property:
Lot 1, Block 4, Valley View Estates, Tulsa County, State of
Oklahoma.
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Action
Requested:
Variance of lot width
from 200 to 165 for lot-split L-19313 (Tract A). SECTION 330. BULK AND AREA REQUIREMENTS IN THE
AGRICULTURE DISTRICTS Use Unit 6; a Variance of lot area from 2 acres to 1.47
acres (Tract B). SECTION 330. BULK AND AREA REQUIREMENTS IN THE
AGRICULTURE DISTRICTS; a Variance of land area from 2.2 acres to 1.95 acres if
roadway dedication is required on 171st Street and Yale Avenue (Tract
B). SECTION 330. BULK AND AREA REQUIREMENTS IN THE
AGRICULTURE DISTRICTS; OR in the alternative a Variance of Section 208 to allow
2 dwellings on 1 lot. SECTION 208.
ONE SINGLE-FAMILY DWELLING PER LOT OF RECORD, located 4705 E.
171st St.
Presentation:
Mrs.
Fernandez stated this case went before the planning commission for a
determination for right-of-way dedication.
Leonard Crockett, 17096 S.
Yale, stated he bought five acres to split and give to his two children. He stated the planning commission
approved the lot-split and we agreed to the requirements, including the
right-of-way dedication.
Comments and
Questions:
Mr.
Alberty questioned him about dedicating the right-of-way, and Mr. Crockett
stated they didnt have a choice, and agreed to do so.
Interested
Parties:
There
were no interested parties who wished to speak.
Board
Action:
On
Motion of Walker, the Board voted 5-0-0 (Alberty, Tyndall, Walker,
Dillard, Hutson "aye"; no "nays"; no "abstentions"; no "absences") to APPROVE
a Variance of lot
width from 200 to 165 for lot-split L-19313 (Tract A); a
Variance of lot area from 2 acres to 1.47 acres (Tract B); a
Variance of land area from 2.2 acres to 1.95 acres if roadway
dedication is required on 171st Street and Yale Avenue (Tract B),
subject to easement by right-of-way dedication, finding it will not cause
substantial detriment to the public good or impair the purposes, spirit, and
intent of the Code, or Comprehensive Plan, on the following described property:
Tract A: the E/2 E/2 SW/4 SE/4 SE/4 of Section 28, T-17-N, R-13-E, of the
IBM, containing 2.5 acres more or less; Tract B: the S/2 S/2 SE/4 SE/4 SE/4 of
Section 28, T-17-N, R-13-E, of the IBM, containing 2.5 acres more or less, all
in Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception to construct a 199 self-supporting four-sided
structure, in an AG zoned district.
SECTION 1204.3. USE UNIT 4.
PUBLIC PROTECTION AND UTILITY FACILITIES, Use Conditions Use Unit 4;
and a Special Exception of the required 110% setback from an AG zoned district
to 0. SECTION 1204.3.C.7. USE UNIT
4. PUBLIC PROTECTION AND UTILITY
FACILITIES, Use Conditions, located N & W of NW/c E. 66th St.
& N. Peoria.
Presentation:
Denny
Redmon, 1535 S.
Memorial, Ste. 119, submitted a packet of information (Exhibit D-1) to the
Board. He informed the Board that
it is not a cellular tower but a Doppler radar tower for Clear Channel
Television in Tulsa. The tower is a
199, four-sided, lattice, self-supporting tower on AG zoned property. He stated they have the required 110%
setbacks, and was not sure why the special exception for setback to 0% was
included in the application. Mr.
Alberty verified the setbacks of 220 from E. 71st St. N. and 220
from N. Oakcliff Dr., and does not need a special exception. He stated they are not in the flood
plain. The above ground height of
the tower is 182. He had pictures
of the surrounding property, which is vacant AG zoned land of flat topography,
and covered with trees and other vegetation. The access would be from Oak Cliff
Drive. The site would be 100 x
120 on ten acres. Utility building
would be according to submittal.
Chain-link fence and three strands of barbed wire on top would surround
the facility. There would be a
seventeen-foot radar dome on top.
No lighting will be required.
This tower is essential for recording studio and a weather and
storm-monitoring center. The tower
is designed for collocation by other entities for paging, digital television,
two-way radios, wireless internet, cellular and PCS.
Interested
Parties:
There
were no interested parties who wished to speak.
Board
Action:
On
Motion of Hutson,
the Board voted 5-0-0 (Alberty, Tyndall, Walker, Dillard, Hutson "aye"; no
"nays"; no "abstentions"; no "absences") to APPROVE
a Special
Exception to construct a 199 self-supporting four-sided
structure, in an AG zoned district, on condition of responses to the factors as
listed in the presentation, finding 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:
Parent Tract: The SW/4 SW/4 NW/4 of Section 36, T-21-N, R-12-E,
containing 10.00 acres, more or less; Lease Parcel: A tract of land located in
the SW/4 SW/4 NW/4 of Section 36, T-21-N, R-12-E, more particularly described by
metes and bounds as follows: Commencing at the SW/c of the SW/4 SW/4 NW/4 of
said Section 36; thence N 00°5907 W along the W line thereof a distance
of 220.00; thence N 89°0053 E a distance of 160.00 to the POB;
thence N 00°5907 W a distance of 50.00; thence N
89°0053 E a distance of 120.00; thence S
00°5907 E a distance of 100.00; thence S
89°0053 W a distance of 120.00; thence N
00°5907 a distance of 50.00 to the POB, all
in Tulsa County, State of Oklahoma.
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There being no further business, the meeting was adjourned at 2:30 p.m.
Date approved: ___________________________________
___________________________________
Chair
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