COUNTY BOARD OF ADJUSTMENT
Tuesday,
September 17, 2002, 1:30 p.m.
|
Alberty,
Chair |
Tyndall |
Butler |
West,
Co. Inspec. |
|
Dillard,
Vice Chair |
|
Beach |
Blakely,
D.A. |
|
Walker |
|
|
|
|
Hutson |
|
|
|
The notice
and agenda of said meeting were posted in the Office of INCOG, 201 W.
5th St., Suite 600,
Thursday,
September 12, 2002 at 10:45 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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CONTINUANCES
and CASES WITHDRAWN
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:
Mr.
Beach stated that the Bixby Board of Adjustment continued this case to October
7, 2002. The applicant has
requested this case to be continued to October 15, 2002. Mr. Beach suggested that if this case is
continued to October 15, 2002, then it should be heard on that date because the
Board is required to take action within ninety days of the application filing
and the ninety days would expire after that meeting date.
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, Dillard, Hutson "aye"; no "nays"; no
"abstentions"; Tyndall "absent") to CONTINUE
Case No. 1988 to the meeting on October 15, 2002, on 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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Action
Requested:
Special Exception to permit a 190 monopole telecommunications tower in
an RE district. SECTION 1204.3. USE
UNIT 4. PUBLIC PROTECTION AND
UTILITY FACILITIES, Use Conditions, located 17926 E. 101st St.
Presentation:
Mr.
Beach stated that the City of Broken Arrow annexed this property into their city
limits just last night. He added
that technically at this time the annexation has not been completed because the
ordinance has not been published.
The applicant would like for you to hear the case today. If the annexation succeeds, the
City of Broken Arrow would have to hear the case. Mr. Beach suggested a continuance
of the case.
Audrey Blank, 522 Colcord Dr., Oklahoma City, Oklahoma, stated she
represented Sprint PCS, the applicant in this case. They requested to be heard on the
merits, having applied while the property was under the Boards
jurisdiction. She added that Sprint
is questioning the annexation.
Comments and
Questions:
Mr.
Alberty asked if Sprint was going to challenge the annexation. Ms. Blank could only say they are
looking into it. Mr. Alberty
sought counsel from Dick Blakely, from the District Attorneys office. Mr. Blakely responded that the
application is still under the Boards jurisdiction. He stated that Board action could
possibly cause future legal issues between the City of Broken Arrow and the
applicant.
Interested
Parties:
Russell Peterson, 107
W. Commercial, Broken Arrow, Oklahoma, stated he is an attorney for Bob Freeze,
a landowner in Broken Arrow.
He has been discussing the jurisdictional issue with the City of Broken
Arrow. He referred to a letter from
Farhad Daroga, the City of Broken Arrow Planning Director to the Tulsa County
Board of Adjustment, which states Broken Arrow passed an ordinance annexing all
of the land in the area, including the site for the tower.
Comments and
Questions:
Mr.
Walker noted that Mr. Darogas letter was merely informative and did not ask
this Board not to take action. Mr.
Alberty offered the Board an opportunity to make a motion regarding not hearing
the case. There was no motion.
Board
Action:
Mr.
Alberty stated the item would be heard as listed on the agenda, regarding the
following described property:
W 50.00 W 231.75 E 463.50 N 472.00 NW/4 NW/4 AND the S 236.00 N
944.00 E 463.50 NW/4 NW/4 AND the S 376.00 E 463.50 NW/4 NW/4 AND the W
231.75 S 236.00 N 708.00 E 463.50 NW/4 NW/4 of Section 25, T-18-N, R-14-E,
of the IBM, Tulsa County, State of Oklahoma.
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MINUTES
On MOTION of Walker, the Board voted 4-0-0 (Alberty,
Dillard, Walker, Hutson "aye"; no "nays", no "abstentions; Tyndall "absent") to
APPROVE the Minutes of July
16, 2002 (No. 266).
On MOTION of Hutson, the Board voted 4-0-0 (Alberty,
Dillard, Walker, Hutson "aye"; no "nays", no "abstentions; Tyndall "absent") to
APPROVE the Minutes of August
20, 2002 (No. 267).
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UNFINISHED
BUSINESS
Action
Requested:
Variance of the required 30 frontage on a public street to 0. SECTION 207. STREET FRONTAGE REQUIRED Use Unit 6,
located 4413 S. 61st W. Ave.
Presentation:
The
applicant was not present.
Interested
Parties:
There
were no interested parties who wished to speak.
Board
Action:
The
item was tabled to the end of the agenda.
Beg 600 S NE/c SE NW, thence W 884 N 165 W 407.61 N 35 E 1291.61 S
200 POB, Section 29, T-19-N, R-12-E, Tulsa County, State of
Oklahoma.
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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 the item was continued to this hearing for proper notice.
Charles Horstman, 8724 N. 120th E. Ave., stated he
represented Rejoice Christian School.
He stated the application request.
Interested
Parties:
Mr.
Alberty mentioned that an interested party, Mr. Larry Loffer, attended the last
two hearings. His address is 13227
E. 106th St. N., Owasso, Oklahoma. He was concerned that the building would
take up more land area and he questioned if the sewage system would be adequate,
since there were problems with it previously. Mr. Horstman responded that the
problems have been corrected and the water usage has decreased 400,000 gallons
per year in the last year. He
submitted a report of the water usage (Exhibit A-1).
Board
Action:
On
MOTION
of Hutson,
the Board voted 4-0-0 (Alberty, Walker, Dillard, Hutson "aye"; no "nays"; no
"abstentions"; Tyndall "absent") to APPROVE
an Amendment of
an approved site plan to permit a 24 x 60 temporary classroom, and a permanent
classroom addition, on the following described property:
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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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. This
case was continued from the last meeting because the applicant failed to
show.
Interested
Parties:
There
were no interested parties who wished to speak.
Board
Action:
The
case was tabled to the end of the agenda, regarding the following described
property:
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 (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:
Ralph E. Gorman, 4615 S. Lynwood, Sand Springs, Oklahoma,
submitted a map and engineering report (Exhibit B-1, B-2) to the Board. He stated he has operated another dirt
business on another piece of property for about ten years. He would like to expand the
business. They are in the process
of reclaiming the land by sloping the banks and re-vegetating it as they
go. He added that he has not
received any complaints in the ten years of the business. He pointed out they plan to leave a
natural greenbelt around the perimeter of the property. The engineering report did not
indicate any adverse affects to the surrounding properties.
Comments and
Questions:
Mr.
Alberty noted that it should help the flood conditions. He also noted it is creating a detention
pond for the county. Mr. West was
satisfied if the engineering department has signed off on the project.
Interested
Parties:
There
were no interested parties who wished to speak.
Board
Action:
On
MOTION
of Hutson,
the Board voted 4-0-0 (Alberty, Walker, Dillard, Hutson "aye"; no "nays"; no
"abstentions"; Tyndall "absent") to APPROVE
a Special Exception to allow
mining and mineral processing (dirt and shale) Use Unit 24 in an AG zoned
district, 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 Use Variance to allow mining and mineral
processing in an RS zoned district (south edge of tract), 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:
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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NEW
APPLICATIONS
Action
Requested:
Variance of land area per dwelling unit from 2.1 to 2.01 acres in an AG
district. SECTION
330. BULK AND AREA REQUIREMENTS IN
THE AGRICULTURE DISTRICTS Use Unit 9, located 13920 N. 86th E.
Ave.
Presentation:
Toni Annette Sharpsteen, 13920 N. 86th E. Ave.,
Collinsville, Oklahoma, stated she removed an old mobile home when she bought
the property. She had plans to
place a new mobile in the same place for her elderly mother. The utilities and everything are already
in place. She was then informed
that she could not have the mobile home, because she is one tenth of an acre
short of land area. She noted there
are numerous mobile homes in the area.
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, Dillard, Hutson "aye"; no "nays"; no
"abstentions"; Tyndall "absent") to APPROVE
a Variance of land
area per dwelling unit from 2.1 to 2.01 acres in an AG district, 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:
Beg. 321.88 S NW/c E/2 SW; thence S 531.27 E 329.70 N 531.27 W
329.69 POB less E 25.00 for a road, thereof Section 25, T-22-N, R-13-E, Tulsa
County, State of Oklahoma.
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Action
Requested:
Special Exception to permit a single wide mobile home in an RS
district. SECTION 410. PRINCIPAL USES PERMITTED IN RESIDENTIAL
DISTRICTS Use Unit 9, located 515 N. 53rd W. Ave.
Presentation:
Shirley Mize, 521 N. 53rd W. Ave., stated there is a
little house on the property. She
proposed to move in a mobile home, get it hooked up with utilities, and then
tear down the existing house.
She submitted photographs (Exhibit C-1).
Comments and
Questions:
Mr.
Alberty asked if she expected to have the project completed in six months. She replied that she
would.
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,
Dillard, Hutson "aye"; no "nays"; no "abstentions"; Tyndall "absent") to
APPROVE a Special Exception to
permit a singlewide mobile home in an RS district, with condition to complete
project within six months, and that at no time would the two residences both be
occupied at the same time, and the existing house is to be removed; 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:
Tract 18 Beg. 456.98 S and 50.00 E, NW/c, Lot 1; thence E 280.72 S 103.13 W 280.65 N 102.23, POB, Section 5, T-19-N, R-12-E, .662 acres, Tulsa County, State of Oklahoma.
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Action
Requested:
Variance to permit two dwelling units in an AG-R district on a 1.2 acre
tract. SECTION 208. ONE SINGLE-FAMILY DWELLING PER LOT OF
RECORD Use Unit 6, a Variance of land area per dwelling unit from 1.1 to .5
acres. SECTION 330. BULK AND AREA REQUIREMENTS IN THE
AGRICULTURE DISTRICTS; and a Special Exception to permit a mobile home in an
AG-R district. SECTION 310. PRINCIPAL USES PERMITTED IN THE
AGRICULTURE DISTRICTS Use Unit 9, located 4607 S. 208th W.
Ave.
Presentation:
Kathy Harbuck, 1103 W. Fox, Tahlequah, Oklahoma, stated they
propose to place two mobile homes on the property to have her father close. She pointed out that most lots around
them have two mobile homes.
Comments and
Questions:
Mr.
Beach stated as in his staff comments that the land area difference is .7 acres
rather than .5 acres per dwelling unit. Ms. Harbuck stated she would not
need the second dwelling when her father no longer needs it.
Interested
Parties:
There
were two interested parties present in support that own the properties adjacent
to the subject property. Paul
Moffett,
4530 S. 208th W. Ave., stated he and his friend, Ray Burke, and are
in support of the application on a temporary basis.
Board
Action:
On
MOTION
of Walker,
the Board voted 4-0-0 (Alberty, Walker, Dillard, Hutson "aye"; no "nays"; no
"abstentions"; Tyndall "absent") to APPROVE
a Variance to permit
two dwelling units in an AG-R district on a 1.2 acre tract, on a temporary basis
until Mr. Owen Ward Thompson no longer needs the house; a Variance
of land area per dwelling unit from 1.1 to .5 acres, 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 permit a mobile home in an AG-R district, 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:
Tract 12B, DonDonna Acres, Beg. 176.13 N SL N/2 N/2 N/2 SW & 635.00
E WL, Section, thence E 300.00 N 206.13 W 300.00 S 206.13 POB less W 30.00
for street, Section 26, T-19-N, R-10-E, Tulsa County, State of Oklahoma.
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Case No.
2000
Action
Requested:
Variance of Section 207 of the required 30.00 of frontage on a public
street to 0. SECTION 207. STREET FRONTAGE REQUIRED Use Unit 6; a
Variance of Section 208 to allow two dwelling units on one lot of record, to put
a manufactured dwelling on the property.
SECTION 208. ONE
SINGLE-FAMILY DWELLING PER LOT OF RECORD; and a Variance of land area per
dwelling unit from 2.1 acres to 2.01 acres. SECTION 330. BULK AND AREA REQUIREMENTS IN THE
AGRICULTURE DISTRICTS, located 2105 ½ S. 262nd W. Ave.
Presentation:
Adrien
Dye,
2105 S. 262nd W. Ave., Sand Springs, Oklahoma, stated they have 4.2
acres and propose to place a mobile home there as a second dwelling. She explained that she crosses her
grandparents property to access her property.
Comments and
Questions:
Mr.
Alberty stated that there is a legal issue regarding access to property without
dedicated rights-of-way or an access easement. Ms. Dye was unsure if the access
easement has been filed of record.
Mr. Alberty suggested she would need an attorney to prepare a mutual
access easement for the benefit of all the landowners.
Sherry
Jelinek,
2105 S. 262nd W. Ave., informed the Board that the 4.2 acres are
under one ownership. She explained
that the problem arose when they sought to obtain a new meter for
electricity.
Board
Action:
On
MOTION
of Walker,
the Board voted 4-0-0 (Alberty, Walker, Dillard, Hutson "aye"; no "nays"; no
"abstentions"; Tyndall "absent") to APPROVE
a Variance of Section
207 of the required 30.00 frontage on a public street to 0; a
Variance of Section 208 to allow two dwelling units on one lot of
record, to put a manufactured dwelling on the property; and a
Variance of land area per dwelling unit from 2.1 acres to 2.01
acres, subject to a 30 mutual access easement from Highway 51 filed 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, on the
following described property:
PT NE NE Beg. 331.64 W NE/c NE, thence W 990.00 S to PT, thence NE
329.35 N 130.00 E 330.83 S 200.00 NE to POB, Section 18, T-19-N, R-10-E; AND
Road Easement: A strip of land in a part of the NE/4 NE/4 of Section 18, T-19-N,
R-10-E; for the purpose of a 30 road easement, 15 on each side of the
following described centerline; Said centerline is more particularly described
as follows, to-wit: Commencing at the NE/c NE/4 of Section 18 T-19-N R-10-E;
thence N 89°5107 W along the N line of said NE/4 a
distance of 329.66; thence along the following Corps of Engineers boundary
line as follows, to-wit: S 45°0641 W a distance of 465.88; thence S
00°1716 W a distance of 764.68 to a point of
the N right-of-way line of State Hwy No. 51; thence S 86°3646 W along said N right-of-way line a
distance of 446.92 to the centerline of an existing gravel road and the POB;
thence N 19°2956 E a distance of 54.26; thence N
20°0828 E a distance of 53.57; thence N
11°0337 E a distance of 53.10; thence N
03°5826 E a distance of 53.92; thence N
02°5256 E a distance of 53.40; thence N
05°2607 E a distance of 55.50; thence N
13°5956 E a distance of 43.81 to a point on
the S right-of-way line of the Burlington-Northern railroad and the end of road
easement; AND Beg. at a point 661.64 W and 260.00 S of the NE/c Section 18,
T-19-N R-10-E; thence W a distance of 330.82 to a point; thence S a distance of
166.38 to a point; thence NEly along the N right-of-way line of the St.
Louis-San Francisco Railway Company, a distance of 332.62 to a point, thence N
a distance of 131.87 to the POB; AND Beg. 661.64 W and 130.00 S NE/c NE,
thence W 330.82 S 130.00 E 330.82 N 130.00 POB, Section 18, T-19-N, R-10-E;
AND PT NE NE, Beg. 661.64 W 260.00 S 330.20 W NE/c NE, thence S 166.37 SW
339.30 N 185.31 NE 329.35 to POB, Section 18, T-19-N, R-10-E, all of Tulsa
County, State of Oklahoma.
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Action
Requested:
Use
Variance to allow retail sales of produce on an AG tract (some produce is grown
on subject tract and some is purchased from other source). SECTION 310. PRINCIPAL USES PERMITTED IN THE
AGRICULTURE DISTRICT Use Unit 3 / 14, located 17137 S.
Mingo.
Presentation:
Don Carmichael, 13102 E. 171st St. S., proposes to sell
produce on his property, and build a barn for storage. He has obtained a permit to build the
barn. A site plan (Exhibit D-1) was
provided.
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