COUNTY BOARD OF ADJUSTMENT
Tuesday,
April 16, 2002, 1:30 p.m.
|
Alberty,
Chair |
|
Butler |
D.
Blakely, Asst. D.A. |
|
Tyndall |
|
Fernandez |
|
|
Walker |
|
Beach |
|
|
Hutson |
|
|
|
|
Dillard,
Vice Chair |
|
|
|
The notice
and agenda of said meeting were posted in the Office of INCOG, 201 W.
5th St., Suite 600, Wednesday, April 10, 2002 at 10:38 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 Hutson, the Board voted 5-0-0 (Alberty,
Dillard, Walker, Tyndall, Hutson "aye"; no "nays", no "abstentions; no
"absences") to APPROVE the
Minutes of March 19, 2002 (No. 262).
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UNFINISHED
BUSINESS
Action
Requested:
Diane
Fernandez stated this is a request for consideration of interpretation of the
Board Action taken on July 17, 2001.
The Board approved a variance of Section 208 limiting one single-family
dwelling on a lot of record to permit two dwelling units on a tract of 2.29
acres in an AG district; and a variance to lot and land area requirements in an
AG district, subject to a building permit and meeting all zoning
requirements. As the agenda packet
indicated, the staff had discussions with Ms. Sanders about splitting the
property, because the applicant was requesting a lot-split. There was a question regarding the tract
being under one ownership. Mrs.
Fernandez added that Dick Blakely, District Attorney was present for legal
counsel.
Mr.
Alberty stated that this is not a hearing for the case. He added that the Board was
limited to discussion of the previous Board Action.
Presentation:
Brenda Sanders, 3893 E. 86th St. N., Sperry, Oklahoma,
stated she did not ask for this hearing.
She felt that she understood the Board action at the July, 2001
hearing.
Comments and
Questions:
Mr.
Alberty reminded Ms. Sanders that he questioned her specifically in the July
hearing about any plans to divide the property and she responded that they would
keep the ownership in their name.
Ms. Sanders responded that she believed her response was that they did
not know what they were going to do with the property at the time. Mr. Alberty informed her that she would
have needed other variances to get a lot-split. Mr. Alberty read the Board action from
the July, 2001 hearing and Ms. Sanders agreed that was the action. He stated they did not approve a
lot-split and she responded that she understood that. Ms. Sanders explained that she could not
close on her construction loan unless there is a lot-split. Mr. Hutson stated the previous Board
action is clear and Ms. Sanders agrees with the Board on the approval of two
variances. Mr. Hutson explained
that when someone wants relief for a lot-split, it is specifically presented in
that way. Mr. Hutson pointed out
that Ms. Sanders did not do that but asked for two dwellings on one lot. Mr. Hutson added that the Board was
willing to approve her request, as long as the lot maintained single
ownership. Ms. Sanders replied that
it does maintain a single ownership.
Mr. Hutson explained she would have to sell both houses at one time, with
a lot-split she could sell each individual property separately, but as it is she
cannot. Mr. Alberty informed the
applicant that she would need to go to INCOG and tell them exactly what she
wants to do and file a new application to the Board of Adjustment.
Board
Action:
No
motion was required.
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Action
Requested:
Variance of lot width of Tract 2 from 200 to 185. SECTION 330. BULK AND AREA REQUIREMENTS IN THE
AGRICULTURE DISTRICTS Use Unit 9; a Variance of the lot area of Tract 1 from 2
acres to 1.05 acres. SECTION
330. BULK AND AREA REQUIREMENTS IN
THE AGRICULTURE DISTRICTS; a Variance of lot area of Tract 2 from 2 acres to
1.44 acres. SECTION 330. BULK AND AREA REQUIREMENTS IN THE
AGRICULTURE DISTRICTS; a Variance
of land area of Tract 1 from 2.2 acres to 1.325 acres. SECTION 330. BULK AND AREA REQUIREMENTS IN THE
AGRICULTURE DISTRICTS; a Variance of land area of Tract 2 from 2.2 acres to
1.486 acres. SECTION 330. BULK AND AREA REQUIREMENTS IN THE
AGRICULTURE DISTRICTS; a Variance of front yard setback of Tract 1 from 85 to
75. SECTION 330. BULK AND AREA REQUIREMENTS IN THE
AGRICULTURE DISTRICTS; and a Variance of rear yard setback of Tract 1 from 40
to 3 for storage building, from 40 to 2 for shop, and from 40 to 37 for
garage. SECTION 330. BULK AND AREA REQUIREMENTS IN THE
AGRICULTURE DISTRICTS, located 4204 E. 161st St. S.
Presentation:
Ms.
Fernandez stated the applicant requested a Continuance to the next meeting.
Board
Action:
On
MOTION
of Tyndall,
the Board voted 5-0-0 (White, Dunham, Turnbo, Perkins, Cooper "aye"; no "nays";
no "abstentions"; no "absences") to CONTINUE
Case No. 1945 to the meeting on May 21, 2002, on the following described
property:
The surface only of the N 370 of the E 350 of the W/2 NW/4 NE/4,
Section 28, T-17-N, R-13-E, Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception to permit outdoor sales (fireworks) in an IL district
for a period of five years. SECTION 910.
PRINCIPAL USES PERMITTED IN INDUSTRIAL DISTRICTS and SECTION 1202. USE UNIT 2. AREA-WIDE SPECIAL EXCEPTION USES Use
Unit 2, located 7209 N. U.S. 169.
Mrs.
Fernandez pointed out that the staff comments note the Zoning Code for Tulsa
County has been amended to allow a case to be considered on a case by case basis
rather than just a thirty-day time period, effect immediately. This same request was heard and a
variance granted for this use for thirty days last year.
Presentation:
Lonnie Basse, 5401 W. Skelly Drive, stated he works for OK
Fireworks. They want to sell
fireworks from June 15th through July 4th. He stated that everything would be the
same as last year.
Comments and
Questions:
Mr.
Alberty asked if they were asking for approval for the next five years, and no
sales during Christmas/New Years period.
Mr. Basse agreed. Mr.
Alberty asked if the stands would only be set up and taken down a little before
and after the month of sales, and not left all year round. Mr. Basse replied that was
correct.
Interested
Parties:
There
were no interested parties 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 Special Exception to permit
outdoor sales (fireworks) in an IL district for a period of five years, 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 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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Action
Requested:
Variance of required minimum 30 of frontage on a public street or
dedicated right-of-way to 0 for a lot-split. SECTION 207. STREET FRONTAGE REQUIRED Use Unit 6,
located 16822 E. 176th St. S.
Presentation:
Kurt Harris, 16822 E. 176th St., Bixby, Oklahoma,
stated he owns five acres of heavily wooded property next to an eighty-acre
tract. The neighbor is clearing and
fencing in his eighty acres. Mr.
Harris stated he is purchasing an additional thirty feet on the east boundary to
maintain a buffer zone of trees and green space between his property and the
eighty acre tract. The thirty feet
is on a private road. Mr. Harris
explained that the deed would be filed to show the thirty feet attached to his
five acres to become one piece of property.
Interested
Parties:
There
were no interested parties 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 required
minimum 30 of frontage on a public street or dedicated right-of-way to 0 for a
lot-split, based on the presentation, 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:
Part NE SW, Beg. NE/c SW, thence W 466.69 S 466.69 E 466.69 N 466.69,
POB, Section 35, T-17-N, R-14-E; And N/2 SE less, Beg. 1769 W, NE/c SE, thence
S 416 E 657 N 416 W 657, POB, Section 35, T-17-N, R-14-E, Tulsa County,
State of Oklahoma.
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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; and a Variance to allow two dwelling units on one lot of
record. SECTION 208. ONE SINGLE-FAMILY DWELLING PER LOT OF
RECORD, located 6534 N. Lansing.
Presentation:
Solena Scott, 5934 N. Rockford, Turley, Oklahoma, stated the
family owns the property. Her
family plans to move into the mobile and live there to help a family member in
the existing home.
Comments and
Questions:
Mr.
Alberty asked if they planned for this to be a temporary situation. Ms. Scott replied they planned for it to
be permanent. He asked if they
planned to split the property in the future. She replied that they did not plan to do
a lot-split. He asked about the
sewer system. She replied they
would be on a separate septic system and the soil percolation test has already
been done. He asked if they were
aware they needed a building permit, to which she replied in the affirmative.
Interested
Parties:
There
were no interested parties 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 Special Exception to allow a
single-wide manufactured home in an RS zoned district; and a
Variance to allow two dwelling units on one lot of record, subject
to DEQ approval, building permit, tie-downs, skirting, and is not approval for a
lot-split in the future, finding several other similar properties, 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 2, Block 8, North Turley Addition, Tulsa County, State of Oklahoma.
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Action
Requested:
Variance to allow two dwellings on one lot of record. SECTION 208. ONE SINGLE-FAMILY DWELLING PER LOT OF
RECORD Use Unit 9 / 6, located 4781 S. 230th W.
Pl.
Presentation:
George Ronald Huelsenbeck, 4781 S. 230th W. Pl., stated
he wants to put a mobile home on his property for his son. He stated his sons name is on the
property also, and he does not want a lot-split. He added they have obtained a soil
percolation test, for a separate septic system. He stated they would use the same water
well.
Comments and
Questions:
Mr.
Alberty asked if he was aware they need a building permit. Mr. Huelsenbeck replied in the
affirmative.
Interested
Parties:
There
were no interested parties 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 to allow
two dwellings on one lot of record, on condition for DEQ approval, building
permit, tie-downs, and skirting, finding this is common in the neighborhood; and
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:
A tract of land located in the W/2 SE/4 of Section 28, T-19-N, R-10-E of
the IBM, Tulsa County, State of Oklahoma, according to the U.S. Government
survey thereof, more particularly described as follows, to-wit: Beg. at a point
on the S line of Section 28, 850.00 E of the SW/c of said SE/4; thence N
1209.00 to the POB; thence W 315.00; thence N 771.00; thence E 565.00;
thence S 935.00; thence W 250.00; thence N 164.00 to the
POB.
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Mrs.
Fernandez thanked the Board, Terry West, and Dick Blakely for their availability
and assistance to her over the last two years. She announced to the Board that
Jim Beach would be the staff person for the County Board beginning
immediately.
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There being no further business, the meeting was adjourned at 2:11 p.m.
Date approved: ___________________________________
___________________________________
Chair