COUNTY BOARD OF ADJUSTMENT
Tuesday,
August 20, 2002, 1:30 p.m.
|
Alberty,
Chair |
Hutson |
Butler |
West,
NBH. Inspec. |
|
Tyndall |
|
Beach |
|
|
Walker |
|
|
|
|
Dillard,
Vice Chair |
|
|
|
The notice
and agenda of said meeting were posted in the Office of INCOG, 201 W.
5th St., Suite 600, Thursday, August 15, 2002 at 11:25 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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Case No.
1987
Action
Requested:
Special Exception to allow mining and mineral processing (dirt and shale)
Use Unit 24 in an AG zoned district.
SECTION 410. PRINCIPAL USES
PERMITTED IN RESIDENTIAL DISTRICTS Use Unit 24; and a Use Variance to allow
mining and mineral processing in an RS zoned district (south edge of
tract). SECTION 410. PRINCIPAL USES PERMITTED IN RESIDENTIAL
DISTRICTS, located 2601 W. 101st St. S.
Presentation:
Mr.
Beach informed the Board there has been a request for continuance.
Board
Action:
On
Motion
of Dillard,
the Board voted 3-0-0 (Alberty, Dillard, Tyndall "aye"; no "nays"; no
"abstentions"; Walker, Hutson "absent") to CONTINUE
Case No. 1987 to the meeting on September 17, 2002, regarding the following
described property:
That part of the W/2 NE/4, Section 27, T-18-N, R-12-E, of the IBM, Tulsa
County, State of Oklahoma, lying N of Polecat Creek, and being described as
follows, to-wit: Beg. at the NW/c NE/4 of said Section 27; thence due E along
the N line of said Section 27, a distance of 1,317.72 to the NE/c W/2 NE/4 of
said Section 27; thence S 0°15 W along the E line of the W/2 NE/4 of
said Section 27, a distance of 622.00 to a point; thence S 85°00 W a distance of 551.00 to a point;
thence N 65°00 W a distance of 445.00 to a point;
thence N 46°30 W a distance of 234.00 to a point;
thence N 78°2333 W a distance of 198.25 to a point on
the W line of the NE/4 of said Section 27; thence N 0°14 W along the W line of the NE/4 of said
Section 27, a distance of 281.00 to the POB.
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Case No.
1988
Action
Requested:
Special Exception for a sand extraction plant in an AG district. SECTION 310. PRINCIPAL USES PERMITTED IN THE
AGRICULTURE DISTRICT Use Unit 24, located N & W of NW/c E.
141st St. & S. Sheridan.
Presentation:
John
Moody,
stated he represents the applicant.
The attorney for the interested parties requested the continuance, and he
agreed to it if no later than September 17, 2002.
Board
Action:
On
Motion
of Dillard,
the Board voted 3-0-0 (Alberty, Dillard, Tyndall "aye"; no "nays"; no
"abstentions"; Walker, Hutson "absent") to CONTINUE
Case No. 1988 to the meeting on September 17, 2002, regarding the following
described property:
The portion of Lots 6 and 7 lying N of the Midland Valley Railroad
right-of-way, less that part of Lot 7 lying W of Posey Creek; and in that
portion of the SE/4 SE/4 lying N of said Midland Valley Railroad right-of-way,
all in Section 10, T-17-N, R-13-E, of the IBM, Tulsa County, State of
Oklahoma.
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Case No.
1991
Action
Requested:
Variance of the allowable size for an accessory building in an RS zoned
district from 750 square feet to 5,040 square feet. SECTION 240.2.E. YARDS, Permitted Yard
Obstructions Use Unit 6, located 3340 S. 63rd W. Ave.
Presentation:
Mr.
Beach announced this case was withdrawn.
Board
Action:
No
Board Action was needed, regarding the following described
property:
Lots 16 and 17, Block 2, Berry Hill Acres Subdivision, Tulsa County,
State of Oklahoma.
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MINUTES
The approval
of minutes of July 16, 2002, meeting number 266 will be considered at the
September 17, 2002 meeting.
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UNFINISHED
BUSINESS
Action
Requested:
Use
Variance to permit the keeping and raising of exotic animals in an RS
district. SECTION 410. PRINCIPAL
USES PERMITTED IN RESIDENTIAL DISTRICTS. Use Unit 3, located 309 S.
71st W. Ave.
Presentation:
Patricia Shaver, 309 S. 71st W. Ave., stated that
Memorial Day weekend they received a notice of violation of the zoning
code. The RS zoning does not permit
the animals they keep on the property.
They were under the impression their property was zoned AG. She explained that they rescue exotic
animals and care for them. She informed the Board of an incident when a monkey
got loose into the neighborhood. A
deputy sheriff came out on this occasion and was not concerned regarding any
violation. A second incident
occurred when a deputy came out on the complaint of starving animals on the
property. She indicated that he
found it obvious that there were no starving animals at their home. She stated an unauthorized person loosed
a monkey into the neighborhood at another time and it was retrieved without
incident.
Bill Allison, 309 S. 71st W. Ave., continued the
presentation by showing a photograph of a monkey they had. He described the monkey as friendly and
not a danger to anyone. He stated
that their primary concern was for the safety and well being of the
animals. He submitted a petition
with 100 signatures in support of the application, and letters of support
(Exhibit A-1, A-3). He informed the
Board that the animals have been used for teaching children in school and on
occasion children have been brought to the home to observe the animals. He stated that if they have to move they
would not have the money to pay the veterinarian bills and Ms. Shaver would not
be able to have access to public transportation. He indicated that the animals are well
cared for, with adequate space and sanitary facilities.
Comments and
Questions:
Mr.
Alberty asked for a list of the numerous animals. Mr. Allison listed seven monkeys, four
codamundees (S. American raccoon), three ringtale lemurs, one Muskogee duck, one
miniature horse, one wallaby, one baby doll sheep, three dogs and one
parrot. Mr. Alberty asked if they
are asking to keep that many animals.
Mr. Allison responded that as animals come and go the number
fluctuates. Mr. Alberty asked how
the animal care is financed. He
responded they pay for it with personal finances, and a little help from his son
and the homeless shelter. They have
considered applying for a 501.C.3 license with the federal government and
accepting donations from all of the people that come through and look at the
animals
Interested
Parties:
Warren Williams,
402 S. 69th W. Ave., stated he has a number of reservations about
this project. He listed noise, the
small size of the lot, lack of grazing area for animals, no storm or sanitary
sewers, narrow streets, and inadequate parking space.
Tommie
Rider,
508 S. 69th W. Ave., stated that the school bus stop is at the corner
where the subject property is located.
She was concerned for her child because Mr. Allison cautioned her that
the animals bite. She added that
they do not want a business in the residential neighborhood, and vehicles trying
to find parking on the street.
Catherine
Lamb,
508 S. 69th W. Ave., submitted photographs and a letter (Exhibit A-2)
to the Board. She stated that the
elderly neighbors are afraid because of the animals, namely a horse, a goat,
dogs, and monkeys have escaped into the neighborhood. She stated that her family loves animals
and they have dogs, chickens, ducks and rabbits, but the children come
first. Ms. Lamb indicated that Mr.
Allison spoke hatefully to her grandchildren at the bus stop.
Thomas
Lamb,
508 S. 69th W. Ave., stated that storm water runs off of the subject
property, and across neighboring properties, into the creek and Arkansas
River. He complained of
seeing manure piled four feet high, and stated the hired help does not keep it
cleaned up properly. He indicated
that the septic lateral lines were in danger of collapsing or ending up in the
street. He also questioned the
signatures on the applicants petition because the area is not that
populated.
Neil
Fisher,
307 S. 71st W. Ave., stated he and his wife live in the house
adjacent to the north of the subject property. He added that they enjoy the
animals. He was not aware of
any noise problem. He has
offered his extra parking space on his own property for guests on the subject
property. He also offered to allow
their animals to graze on his property occasionally.
Applicants
Rebuttal:
Mr.
Allison responded that they do have one very old monkey that was teased too much
in a zoo. He does caution people
about her, though she would run from people to defend herself. He admitted that one time there was a
pile of manure but they cleaned it up the very next day. The waste is picked up three times per
week. He noted that the Lamb family
is in violation of the zoning code, with chickens, ducks and rabbits. He added that he does not want them to
lose their animals either.
Comments and
Questions:
Mr.
Alberty asked Mr. West if there is a limit on the number of pets on residential
property. Mr. West was not aware of
any limit of pets in the county.
Mr. Alberty and Mr. West discussed the allowable non-conformity if the
animals were on the property prior to 1980. Mr. Beach read the zoning code
definition of exotic animals.
Board
Action:
On
MOTION
of Walker,
the Board voted 3-1-0 (Alberty, Walker, Dillard, "aye"; Tyndall "nay"; no
"abstentions"; Hutson no "absent") to APPROVE
a Use Variance to permit
the keeping and raising of six primates caged in an RS district, and can have
cage with indoor/outdoor run, finding the hardship is a history of AG use in
this RS zoned neighborhood, and motion does not address any other animals at
this address, on the property described as follows:
S/2 Lot 13, less S 12 to Highway, Block 4, Twin Cities, Tulsa County,
State of Oklahoma.
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Action
Requested:
Special Exception to permit fireworks sales for the year beginning 2003,
and to conduct year around sales of fruits and vegetables, pumpkins, Christmas
trees and other seasonal merchandise.
SECTION 1202. USE UNIT 2. AREA-WIDE SPECIAL EXCEPTION USES Use Unit 2;
and a Variance of all-weather surface. SECTION 1340.D. DESIGN STANDARDS FOR
OFF-STREET PARKING AREAS, located 15764 W. Highway 51.
Presentation:
Charlie Choate, 1800 S.
165th W. Ave., Sand Springs, Oklahoma, stated that he proposes the
sale of seasonal merchandise. He
added that the road has an all-weather surface, and there is all-weather surface
on the site. He talked with the
neighbors, and now that they understand what he wants, they are in support. There will be one entrance from Highway
51. He reminded the Board that it
is commercially zoned and he would like to make something from it to pay the
taxes. He described the mobile
building, room for parking, and nothing to increase flood problems.
Interested
Parties:
There
were no interested parties who wished to speak.
Board
Action:
On
MOTION
of Dillard,
the Board voted 4-0-0 (Alberty, Walker, Tyndall, Dillard "aye"; no "nays"; no
"abstentions"; Hutson "absent") to APPROVE
a Special Exception to permit
fireworks sales for the year beginning 2003, and to conduct year around sales of
fruits and vegetables, pumpkins, Christmas trees and other seasonal merchandise,
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; and a Variance of all-weather surface, as presented,
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:
A tract of land in the SW/4 SW/4 of Section 8, T-19-N, R-11-E, of the
IBM, Tulsa County, State of Oklahoma, more particularly described as follows:
Commencing at the SE/c of SW/4 SW/4, thence N 1°1248 W along the E line of said SW/4 SW/4 a
distance of 24.75 to the POB; thence N 1°1248 W a distance of 281.22 to the S
right-of-way of SH-51; thence N 71°1107 W along said right-of-way a distance
of 5.70; thence N 73°4447 W along said right-of-way a distance
of 599.55; thence S 1°5934 W a distance of 268.48; thence S
89°5620 E a distance of 208.72; thence S
3°2118 E a distance of 183.97; thence N
89°4714 E parallel to and 24.75 distance from
the S line of said SW/4 SW/4 a distance of 376.79 to the
POB.
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Action
Requested:
Amendment of an approved site plan to permit a 24 x 60 temporary
classroom, and a permanent classroom addition, located 13413 E. 106th
St. N.
Presentation:
Mr.
Beach stated that this case was continued because the notice at the last hearing
did not include the property where the additional construction will be
located. The applicant was not
present at this time.
Interested
Parties:
Larry
Loffer,
13227 E. 106th St. N, Owasso, Oklahoma, stated that he came to the
previous hearing and has had to take off work for these two hearings. He expressed concern that the building
would take up more land area and he questioned if the sewage system would be
adequate, since they had a problem with it previously.
Comments and
Questions:
Mr.
Alberty asked if he was having a problem currently caused by their sewage
system. Mr. Loffer replied that he
was not having a problem now. Mr.
Alberty informed him that if the applicant did not arrive the case would
probably be continued. He assured
Mr. Loffer that his concerns would now be part of the record.
Board
Action:
The
Board
tabled the case until later on the agenda.
Lot 1, Block 1, Owasso Freewill Baptist Church, a subdivision in the SE/4
of the SW/4 of Section 9, T-21-N, R-14-E; AND A tract of land that is part of
the SE/4 SW/4 of Section 9, T-21-N, R-14-E, of the IBM, starting at the SW/c of
the SE/4 SW/4 of said Section 9; thence N 88°4440 E along the Sly line of said Section 9
for 390.00; thence N 01°1358 W and parallel with the Wly line of
the SE/4 SW/4 for 71.42 to the POB of said tract of land; thence continuing N
01°1358 W and parallel with the Wly line of
said SE/4 SW/4 for 1002.52; thence N 88°4437 E for 593.73; thence S 11°1259 W, parallel with and 100.00 Wly of as
measured perpendicular to the Wly right-of-way line of US-169 for 372.31 to the
NE/c of Lot 1, Block 1, Owasso Freewill Baptist Church, thence S 88°4437 W along the Nly line of said Lot 1 for
453.47 to the NW/c of Lot 1; thence S 01°13 58 E along the Wly line of Lot 1 for
633.00 to the SW/c of Lot 1; thence S 83°0202 W along the Nly right-of-way line of
US-169 W exit ramp for 60.30 to the POB of said tract of land; AND a tract of
land beg. at the SW/c of the SE/4 SW/4 of said Section; thence N 88°4440 E and along the S line of said SE/4
SW/4 a distance of 175.93; thence N 1°1520 W a distance of 50.00; thence N
83°0152 E a distance of 215.16; thence N
1°1358 W a distance of 1002.52; thence S
88°4437 W a distance of 390.02 to the W line
of the SE/4 SW/4; thence S 1°1358 E a distance of 1073.93 to the POB;
AND a tract of land beg. at a point 1073.93 N of the SW/c of the SE/4 SW/4 and
on the W line of said SE/4 SW/4 thence N 88°4437 E a distance of 983.75 to a point
100.00 W of and at a right angle to the W line of US-169; thence N
11°1716 E a distance of 74.14; thence N
3°1537 E a distance of 605.72; thence N
1°1803 W a distance of 249.65; thence S
88°4437 W a distance of 1046.98 to a point on
the W line of said E/2 SW/4; thence S 1°1353 E a distance of 929.36 to the POB,
Tulsa County, State of Oklahoma.
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NEW
APPLICATIONS
Action
Requested:
Special Exception to allow an outdoor activity (Use Unit 2) fireworks
stand in a CH zoned district, from June 15, 2003 through July 5, 2003. SECTION 710. PRINCIPAL USES PERMITTED IN COMMERCIAL
DISTRICTS Use Unit 2, located 5732 S. 49th W.
Ave.
Presentation:
The
applicant was not present, and the case was tabled to the end of the
agenda.
Part N/2 SE Beg. 505.10 E SW/c NW SE, thence E 1131.80 NE 134.77 NE 74.44 NW
489.87 SWly curve right 1036.77 POB, less Beg. 1407.4 E SW/c N/2 SE, thence
NW 64.51 NE 29.66 NE 225.21 SE 139.69 SW 13.51 SW 134.77 W 229.50 POB,
Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception to allow mining and mineral processing (sand, dirt
removal) Use Unit 24 in an AG zoned district. SECTION 310. PRINCIPAL USES PERMITTED IN THE
AGRICULTURE DISTRICT Use Unit 24, located S of SW/c Hwy. 51 W. &
145th W. Ave.
Presentation:
Tim Weaver, 1918 S. 161st W. Ave., stated he proposes
to build a pond. He added that
someone had dug out the hillside and he would like to make it useful. He proposes to sell the sand and dirt to
get back some of the cost.
Comments and
Questions:
Mr.
Alberty determined that the subject area is just ten acres of the property. According to Mr. Weaver the mining depth
would be approximately four feet, and was to be used for a pond only.
Interested
Parties:
Grady
Vandiver, 14139
W. 31st, Sand Springs, Oklahoma,
stated
he is the owner of the property. He
has obtained a verbal approval from the State of Oklahoma for a mining permit,
pending approval by the Tulsa County Board of Adjustment.
Board
Action:
On
MOTION
of Walker,
the Board voted 4-0-0 (Alberty, Walker, Tyndall, Dillard "aye"; no "nays"; no
"abstentions"; Hutson "absent") to APPROVE
a Special Exception to allow
mining and mineral processing (sand, dirt removal) Use Unit 24 in an AG zoned
district, per plan, limited to the ten acres, subject to the granting of all
permits by the State of Oklahoma, 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:
The NE/4 NW/4 SE/4 and NE/4 SE/4 and E/2 E/2 SE/4 SE/4, Section 17,
T-19-N, R-11-E, and S/2 S/2 NW/4 SW/4 and SW/4 SW/4 less and except the E
330.00 of the S 330.00 and less and except the NE/4 SE/4 SW/4 SW/4, Section
16, T-19-N, R-11-E, Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception to permit a car wash in a CS district. SECTION 710. PRINCIPAL USES PERMITTED IN COMMERCIAL
DISTRICTS Use Unit 17, located W. 41st St. & 63rd W.
Ave.
Presentation:
Becky Keith, 8507 W. Way Rd., Sapulpa, Oklahoma, stated she and
her husband propose to open a carwash in Berryhill. She stated that the community has grown
and will continue to grow with the new housing addition. She found that the traffic count has
grown from 1400 vehicles per day in 1993 on 41st Street to almost
17,000 vehicles per day. They plan
to build an attractive brick building with a pitched roof, directly behind the
E-Z Mart. Her husband plans to be
on the site daily to insure the equipment is well maintained and the property is
clean.
Comments and
Questions:
Mr.
Alberty asked about any plans for the frontage of the property. Ms. Keith stated they have no plans at
this time for the frontage. They
are only purchasing the portion of the property they need for the car wash. Mr. Alberty informed her that they would
be responsible for the screening fence to the residential district. He also mentioned to her they would need
to comply with the building code, and zoning code regarding setbacks and other
things.
Interested
Parties:
There
were no interested parties who wished to speak.
Board
Action:
On
MOTION
of Walker,
the Board voted 4-0-0 (Alberty, Walker, Tyndall, Dillard, Hutson "aye"; no
"nays"; no "abstentions"; no "absences") to APPROVE
a Special Exception to permit a
car wash in a CS district, with conditions for no outside storage or display of
merchandise; to maintain screening fence on the south; and no outside speakers
or lighting directed toward the residential areas, on the following described
property:
Lot 2, Block 1, Tract 1, Southwest Plaza Shopping Center, Tulsa County,
State of Oklahoma.
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Action
Requested:
Variance of required lot width in an AG district from 150 to 100 to
permit a lot split. SECTION
330. BULK AND AREA REQUIREMENTS IN
THE AGRICULTURE DISTRICTS Use Unit 6, located E of NE/c E. 86th St.
N. & Memorial.
Presentation:
Brenda Scrivner, 12303 E. Skelly Dr., stated she is with Jim
Walter Homes. Her clients were
getting a lot split to move in near their aging parents. The property has been in the family for
years. The parents have the larger
portion of the frontage.
Clyde Williams, 9227 E. 86th St. N., stated he and his
wife are the parents and are in support of this application.
Comments and
Questions:
Mr.
Alberty noted the property is two and one-half acres deep.
Interested
Parties:
There
were no interested parties who wished to speak.
Board
Action:
On
MOTION
of Walker,
the Board voted 4-0-0 (Alberty, Walker, Tyndall, Dillard, Hutson "aye"; no
"nays"; no "abstentions"; no "absences") to APPROVE
a Variance of required
lot width in an AG district from 150 to 100 to permit a lot split, finding the
narrowness of the lot being created, 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:
The W 100.00 of the S 1100.00 E/3 SE/4 SW/4 of Section 24, T-21-N,
R-13-E, of the IBM, Tulsa County, State of Oklahoma.
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Case No.
1992
Action
Requested:
Special Exception to allow Use Unit 14 in an IL zoned district. SECTION 910. PRINCIPAL USES PERMITTED IN INDUSTRIAL
DISTRICTS Use Unit 14; and a Variance of the required 75 setback from a R
district to 50. SECTION 930. BULK AND AREA REQUIREMENTS IN THE
INDUSTRIAL DISTRICTS, located 5079
W. 51st St.
Presentation:<