CITY BOARD OF ADJUSTMENT
Tuesday,
February 8, 2000, 1:00 p.m.
Aaronson
Auditorium
Tulsa
City/County Library
400 Civic
Center, 1st Floor
MEMBERS
PRESENT
MEMBERS ABSENT
STAFF PRESENT
OTHERS PRESENT
|
Dunham,
Vice Chair |
|
Beach |
Jackere,
Legal |
|
Cooper Turnbo |
|
Stump Butler |
Ackermann,
Zoning
Official |
|
White,Chair Perkins |
|
|
Parnell,
Neighborhood Insp. |
|
|
|
|
Ballentine, |
|
|
|
|
Neighborhood
Insp. |
The notice and agenda of said
meeting was posted in the Office of the City Clerk on Monday, February 4, 2000,
at 09:01 a.m., as well as in the Reception Area of the INCOG
offices.
After declaring a quorum present, Chair, White called
the meeting to order at 1:05 p.m.
*.*.*.*.*.*.*.*.*.*.
MINUTES:
On
MOTION of Dunham, the Board voted 5-0-0 (White, Dunham, Turnbo,
Perkins, Cooper “aye”; no “nays”; no “abstentions”; no “absences”) to
APPROVE the Minutes of January 11, 2000 (Meeting No. 787), with
amendments as noted.
On
MOTION of Dunham, the Board voted 5-0-0 (White, Dunham, Turnbo,
Perkins, Cooper “aye”; no “nays”; no “abstentions”; no “absences”) to
APPROVE the Minutes of January 25, 2000 (Meeting No. 788), with
amendments as noted.
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Appeal from the decision of the Neighborhood Inspector that a nightclub
will not meet the off-street parking requirements at this location, 3340 S.
Peoria.
Presentation
Mr. Beach stated that Mr. Roy Johnsen reviewed this application,
determined the need for more relief and requested a continuance to allow for
additional notice.
Janine Van Valkenbergh, 201 W. 5th Street, Suite 501,
attorney standing in for Roy Johnsen, requested a continuance of two weeks to
the meeting on February 22, 2000.
She stated that Mr. Johnsen spoke with the protestant’s attorney, Mr.
Moody, and with a representative of the homeowners’ association, regarding a
continuance. They had no objection
to a continuance.
Interested Parties/Protestants:
All
parties agreed to a continuance.
Board
Action:
On
MOTION of Cooper, the Board voted 5-0-0 (White, Dunham, Turnbo,
Perkins, Cooper “aye”; no “nays”; no “abstentions”; no “absences”) to
Continue Case No. 18626 to February 22, 2000, for the following
described property:
All the N
49.5’ of Lot 19 except the E 25’ thereof, and an undivided 1//3 interest in Lot
21, all in Burgess Acres Addition, City of Tulsa, Tulsa County, State of
Oklahoma
*.*.*.*.*.*.*.*.*.*.
Case No.
18646
Action Requested:
Special Exception to allow a drive-in restaurant in a CS district. SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL
DISTRICTS – Use Unit 18, located W of NW/c E. 41st St. &
Garnett.
Presentation:
Mr. Beach stated that the applicant has withdrawn this case.
Interested Parties/Protestants:
None.
Board
Action:
No action required for the following described
property:
A tract of
land that is part of Lot 1, Block 1, Crossbow Center Addition, City of Tulsa,
Tulsa County, Oklahoma, being more particularly described as follows,
to-wit: Beg. at a point that is the
SW/c of said Lot 1; thence N 00°04’44” W
along the Wly line of said Lot 1 for 150’; thence N 89°54’58” E and
parallel with the Sly line of said Lot 1 for 200’; thence S 00°04’44” E and
parallel with the Wly line of said Lot 1 for 150’ to a point on the Sly line of
said Lot 1; thence S 89°54’58” W
along the Sly line of said Lot 1 for 200’ to the POB
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Special Exception to permit off-street parking in a RM-2 district.
SECTION 401. PRINCIPAL USES
PERMITTED IN RESIDENTIAL DISTRICTS – Use Unit 10. Variance of required setback from
centerline of Carson from 50' to 35'. SECTION 1302.B. SETBACKS, located SE of E.
15th St. & Carson.
Presentation:
Robert Nichols, 111 W. 5th St., came representing the
applicant, and American Association of Petroleum Geologists at 1444 S.
Boulder. He stated that this case
was continued to today for application requesting off-street parking for the
association’s continued occupation of their worldwide headquarters at
15th and Boulder. He
informed the Board that his client met with the neighborhood association last
week. He now is presenting a
revised site plan for the use and occupancy of the subject property for a
parking lot. The new plan includes
landscaping, some fencing and a gate.
Interested Parties:
Charlotte and David Hopkins, 1515 S. Carson Ave., appeared to
request a continuance of this case, to give the neighborhood association an
opportunity to see the site plan.
Comments and
Questions:
Ms. Turnbo asked if the applicant would be willing to meet with the
neighborhood association again to show the revised site plan. Mr. Nichols replied that he would be
willing. Ms. Turnbo asked Ms.
Hopkins if they have a good attendance for their association meetings. Ms. Hopkins replied that they have very
good attendance. Mr. White asked
Ms. Hopkins if the revised site plan is in agreement with the details discussed
with Mr. Nichols in the previous meeting.
Ms. Hopkins explained that they are just now seeing the revised plan for
the first time.
Board
Action:
On
MOTION of Turnbo, the Board voted 5-0-0 (White, Dunham, Turnbo,
Perkins, Cooper “aye”; no “nays”; no “abstentions”; no “absences”) to
Continue Case 18588 to the meeting of February 22, 2000, to allow
the neighborhood association to review the revised site plan, for the following
described property:
The N 20'
of Lot 10 & all of Lot 11, Block 2, Stonebraker Heights Addition to the City
of Tulsa, Tulsa County, State of Oklahoma
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Appeal from the decision of an Administrative Official that the subject
property is in violation of the certificate of occupancy and zoning clearance of
“Restaurant” Use Unit 12. SECTION 1605. APPEALS FROM AN ADMINISTRATIVE OFFICIAL,
located at the SW/c E. 35th Pl. & S.
Peoria.
Presentation
Buddy Edwards, 100 W. 5th St., came representing the
applicant, David Cameron. He stated
that he is needs clarification regarding the determination by Mr. Page, that
there is a violation of the occupancy certificate, that it was an adult
establishment (U.U. 12.A) rather than a restaurant (U.U. 12). He states the applicant’s position, that
the establishment is a restaurant with an accessory bar.
Comments and
Questions:
Ms. Perkins commented that the sales of 3.2% beer and liquor amounts to
over 70% of the establishments’ revenue.
Mr. Edwards acknowledged that this is true.
Protestants:
Jack Page,
stated that he is a Code Official and the Director of Development Services for
the City of Tulsa Public Works Department, 110 S. Hartford, Suite 300. He stated that it is his opinion that
the subject establishment is not a restaurant with accessory bar, but it is a
bar with an accessory restaurant. In the first zoning permit application,
the certificate of occupancy specifically states it does not include approval of
a Use Unit 12a (Adult Entertainment Establishment). Mr. Page stated that from the beginning,
his office expressed concerns to the applicant because of the type of
advertisement used for the establishment.
It has since been determined by the A.B.L.E. Commission, that the liquor
sales exceed 70% of the food sales, which requires that persons under 21 years
of age be restricted from the establishment. Mr. Page stated that when Mr. Corley was
advised of this, no appeal was made.
Mr. Page submitted an advertisement from Urban Tulsa Weekly, which he
indicated is typical of tavern or bar type establishments, and does not
advertise food.
Nancy
Apgar,
president of the local neighborhood association, stated the neighbors’
complaints of loud noise and close proximity of church property.
Comments and
Questions:
Mr. Cooper asked Ms. Apgar if the noise is the main complaint from the
neighborhood, which she affirmed.
Protestants:
Carol
Ashcraft,
1129 E. 35th Pl., stated complaints of violation of 300’ space from
nearby church, parking on the street, loud noise from bands outside, obstruction
of sidewalk.
Other neighbors appeared and voiced the same complaints as
above.
Rebuttal:
Mr. Edwards stated that the establishment would discontinue the outdoor
music. He maintains that the
primary use is the restaurant and that children are not allowed because they
would have to walk through the bar area to the restrooms.
Board
Action:
On
MOTION of Turnbo, the Board voted 5-0-0 (White, Dunham, Turnbo,
Perkins, Cooper “aye”; no “nays”; no “abstentions”; no “absences”) to Uphold
the decision of the Administrative Official that the subject property
is in violation of the certificate of occupancy, on the following described
property:
The E 110’
of Lot 5 less the N 30’ of the W 20’ of the E 110’ of Lot 5, and less the E 10’
of Lot 5, Block 3, Peoria Gardens Addition Amended, City of Tulsa, Tulsa County,
Oklahoma
*.*.*.*.*.*.*.*.*.*.
NEW APPLICATIONS
Action
Requested:
Special Exception to allow Use Unit 15 in a CS zoned district for
alternator and starter repair business.
SECTION 701. PRINCIPAL USES
PERMITTED IN COMMERCIAL DISTRICTS – Use Unit 15. Waiver of the landscape
requirements. SECTION 1002. LANDSCAPE REQUIREMENTS, located at 2604
E. Apache.
Mr. White,
let it be known that he was abstaining from voting on this case. Mr. Dunham to act as
Chair.
Presentation
Mike Richardson, 1309 E. Pine, stated he purchased the subject
property with the understanding that it is zoned for commercial. After the purchase he discovered that he
needed a special exception to allow Use Unit 15 for his business. He does not object to landscaping his
property, but to hiring a landscape architect.
Comments and
Questions:
Ms. Turnbo asked the staff if the applicant can draw his own landscape
plans and bring to Board for approval.
Staff stated that the applicant could get plans approved by the
Board. Mr. Richardson stated that
he has landscape plans.
Protestants:
None.
Board
Action:
On
MOTION of Turnbo, the Board voted 4-0-1 (Dunham, Turnbo, Perkins,
Cooper “aye”; no “nays”; White “abstains”; no “absences”) to
APPROVE the Special Exception to allow use Unit 15 in a CS
zoned district for alternator and starter repair business, and that applicant
can provide his own landscape plans and take the plan INCOG staff for
certification, regarding the following described property:
A tract of
land that is part of the N/2 of N/2 of NW of Section 29, T-20-N, R-13-E of the
IBM, City of Tulsa, Tulsa County, Oklahoma, said tract of land being described
as follows, to wit: starting at the NE/c of NW of said Section 29; thence S
88°56’16” W along the Nly line of the NW for 1190’; thence
S 1°04’54” E and parallel with the Wly line of Section 29
for 50’ to the POB of said tract of land; thence continuing S 1°04’54” E and parallel with the Wly line of Section 29
for 358.68’; thence S 47°28’29” W and parallel with the Nly right-of-way line of
the Atchison, Topeka and Santa Fe Railway for 213.45’; thence N 1°04’54” W and parallel with the Wly line of Section 29
for 465.03’; thence N 43°56’26” E for 49.48’; thence N 88°56’16” E and parallel with the Nly line of the NW of
Section 29 for 125’ to the POB of said tract of land
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Variance to permit a setback from East 47th Street North from
the required 45’ to 30’. SECTION
402.B.1.c. ACCESSORY USES IN RESIDENTIAL DISTRICTS, Accessory Use Conditions –
Use Unit 6. Variance of the maximum
rear yard coverage of 20% to 21.6% to permit a detached garage in an RS-3
district. SECTION 210.B.1.5. YARDS,
Permitted Obstructions in Required Yards, located at 4732 N. Birmingham
Pl.
Presentation
The applicant, Bryan Liggins, 4732 N. Birmingham Pl., stated he
hired a contractor to build a detached garage. The contractor did not get a
permit. Mr. Liggins can no longer
contact him. The foundation has
been laid. Mr. Liggins contacted
the company that poured the concrete, and they told him that they pulled a
permit. Mr. Liggins also pointed
out that to comply with the spacing requirement would place the structure over a
gas line.
Interested Parties/Protestants:
None.
Board
Action:
On
MOTION of Dunham, the Board voted 5-0-0 (White, Dunham, Turnbo,
Perkins, Cooper “aye”; no “nays”; no “abstentions”; no “absences”) to
APPROVE the Variance to permit a setback from East
47th Street North from the required 45’ to 30’ and a
Variance of the maximum rear yard coverage of 20% to 21.6% to
permit a detached garage in an RS-3 district per plan, finding the hardship to
be the configuration of the lot and location of a gas line for the following
described property:
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Special
Exception to permit duplex use in an RS-3 district. SECTION 401. PRINCIPAL USES PERMITTED IN RESIDENTIAL
DISTRICTS – Use Unit 7. Variance of
the minimum lot area of 9,000 square feet to 7,500 square feet. SECTION 404. SPECIAL EXCEPTION USES IN RESIDENTIAL
DISTRICTS, REQUIREMENTS. located at the SW/c E. 27th Pl. & Marion
Pl.
Presentation
Mr. Beach stated that staff comments for this case should be
stricken.
The applicant, Richard West, 1706 S. Rockford, stated that
multi-family housing, and some duplexes surround the subject property. His opinion is that the property is
better suited for a duplex rather than a single-family
dwelling.
Interested Parties:
Marva Bear, 7729 S. Sheridan, appeared to represent her mother, a
resident in the area. She stated
that the area is predominantly single-family. Her complaints were the deterioration of
the neighborhood due to the multi-family dwelling units, and the traffic. She suggested that the proposed site
plan be made available to the homeowners, including a drawing to show what the
structure would look like, and the income level they plan to target.
Protestants:
M.W. Horton,
3725 E. 28th Street, suggests that the lot seems too small for a
duplex.
Loronzo Shell,
3722 E, 28th Street, stated he has been a resident there over 40
years. He opposes the application
due to no need for more duplexes, and problems with vandalism in the
neighborhood.
Rebuttal:
Mr. West indicated to the Board that neighbors could see his work on
other structures and know that he does not build anything shabby. Mr. West stated that renters seem to be
more open-minded about having an expressway near their home and surrounding
multi-family dwellings. He
described the structure as 800 square feet per unit, built in a way to blend in
with the neighborhood and similar to a nearby house. He called the Board’s attention to
photos he submitted.
Comments and Questions:
Ms. Turnbo verified with Mr. West that it would not cross property
lines. She asked about a driveway,
and Mr. West stated it would be an all-weather surface.
Board
Action:
On
MOTION of Dunham, the Board voted 4-1-0 (White, Dunham, Turnbo,
Cooper “aye”; Perkins, “nay”; no “abstentions”; no “absences”) to
APPROVE the Special Exception to permit duplex use
in an RS-3 district, finding that it would 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 the minimum
lot area of 9,000 square feet to 7,500 square feet, finding the hardship to be
the existing zoning pattern, and close proximity to the Broken Arrow Expressway,
for the following described property:
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Variance of maximum aggregate display surface area of wall sign from 213
square feet to permit three wall signs of 440 square feet in a CH district. SECTION 1221.E. USE UNIT 21. BUSINESS SIGNS AND OUTDOOR ADVERTISING,
CG, CH, CBD, IL, IM, and IH Use Conditions for Business Signs – Use Unit 14,
located at 1931 S. Yale.
Presentation:
The applicant, Mike Moydell, 1221 W. 3rd, a sign
contractor for City of Tulsa presented the case. He called attention to the drawing of
the sign, which is placed further away from the street than wanted. The way he figured the size of the sign
to be 179 square feet, but the way the City figured it was 444 square
feet.
Jim Hill, is the developer of the subject property, and the
developer and owner of Centennial Plaza.
He stated that the Hollywood Hills were figured as part of the total
square feet.
Protestants:
None.
Board
Action:
On
MOTION of Cooper, the Board voted 5-0-0 (White, Dunham, Turnbo,
Perkins, Cooper “aye”; no “nays”; no “abstentions”; no “absences”)
to APPROVE the Variance of
maximum aggregate display surface area of wall sign from 213 square feet to
permit three wall signs of 440 square feet in a CH district per plan, finding
the hardship to be that the Board measures the sign area differently than the
City, for the following described property:
SW SW SW
& S 315.23’ of the NW SW SW and S 315.23’ of the W 330’ of the NE SW SW
& the W 330’ of the SE SW SW less beginning at the SW/c of the SW thence E
990’ N 50’ W 740’ N 5’ W 175’ NW 26.80’ N 910.73’ W 50’ S 975.73’ to the POB,
Section 10, T-19-N, R-13-E, City of Tulsa, Tulsa County, Oklahoma
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Special Exception to allow U.U. 23 (trucking establishment) in a CG zoned
district. SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL
DISTRICTS – Use Unit 23. Special
Exception to allow a temporary off-site construction facility in a CG
district. SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL
DISTRICTS. Variance of the setback
from an abandoned freeway service road from 50’ to 15’. SECTION 703. BULK AND AREA REQUIREMENTS IN THE
COMMERCIAL DISTRICTS, located at 13003 E. Admiral Pl.
Presentation:
Dale Warner, 2512 E. 21st Street, appeared to represent the
applicant, Thomas Williamson architect for the owner of the Timmons Oil
Company. The Special Exception to
allow a temporary off-site construction facility in a CG district, will not be
needed since the owner is removing his equipment. The tract is zoned CG and across I-244
is zoned CG. The applicant requests
a Use Unit 23 on the eastern portion of the premises, for proposed construction
of a plant for a trucking company.
Mr. Warner stated that there are not many uses that are compatible with
land at the apex of two expressways.
Mr. Warner stated that a new truck stop was constructed on
129th E. Ave. He
informed the Board that the old frontage road was abandoned.
Comments and
Questions:
Mr. Cooper asked when the service road was legally abandoned. Mr. Warner replied at least ten years
ago, and stated it is not a part of the legal description of the subject
property.
Interested Parties:
None.
Protestants:
Eck Ruddick,
14673 E. 11th Place, asked if the Special Exception for a temporary
construction facility is going to be withdrawn. He stated objection to junk and outside
storage that is highly visible from I-44 and I-244. He requests denial of the application.
Art
Justis,
1302 S 122nd E. Ave., representing the 6th District on the
City Council, also objected to the outside storage. He called the Board’s attention to
photos that were submitted showing outside storage.
John
Roy,
9018 E. 38th Street, appeared representing the East Tulsa/Mingo
Valley Homeowner’s Association. He
read conditions the association would like to add if the application is
granted:
1.) Require
all-weather surface to any areas that trucks will drive on
2.) That
there be no outside storage of inoperative vehicles, trucks, salvage items,
junk, and parts.
Rebuttal:
Mr.
Warner stated that Mr. Timmons has cleared the property and has every intention
of keeping it clear of unsightly outside storage. He indicated that Use Unit 23 would be
compatible with the truck stop on 129th E. Ave.
Comments and
Questions:
Mr. Cooper asked Mr. Warner to describe the meaning of a trucking
company.
Charles
Ashton,
1221 S. Darlington, came before the Board to explain what type of business would
be on the subject property. He
stated that they are a chemical transport out of Omaha, Nebraska. He called attention to pictures
submitted of their white truck tractors that pull 43’ stainless steel trailers
and no other trucks. Mr. Ashton
stated that the company wants to construct two bay terminals to do light
maintenance on tractors and trailers.
There will be no other equipment, trucks, or storage tanks stored on the
property. Mr. Dunham asked if there
would be any objection to the conditions suggested by the neighborhood
association. Mr. Ashton replied
there would not be any objection.
Comments and
Questions:
Ms. Turnbo asked Mr. Warner how long debris was stored on the rear of the
property before the City registered a complaint. He replied from six months to one
year. Mr. Cooper asked the staff
for the requirements regarding all-weather parking. Mr. Stump replied that to park or store
a motorized vehicle, it must be on an all-weather surface.
Applicant:
Board
Action:
On
MOTION of Cooper, the Board voted 5-0-0 (White, Dunham, Turnbo,
Perkins, Cooper “aye”; no “nays”; no “abstentions”; no “absences”) to
APPROVE, a Special Exception to allow U.U. 23 (trucking establishment) in
a CG zoned district with the conditions that applicant not be permitted
more than three bays for repair, that all-weather surface be acquired wherever
trucks are driven or stored, and no storage of inoperative vehicles and a
Variance of the setback from an abandoned freeway service road
from 50’ to 15’, finding the hardship to be the shape, size and location, for
the following described property:
A tract of
land located in Lots 3 and 4, of Section 4, T-19-N, R-14-E of the IBM, City of
Tulsa, Tulsa County, State of Oklahoma, more particularly described as follows,
to-wit: Beg. at a point 75’ N and
572.41’ E of the SW/c of said Lot 4; thence E and parallel to the S line of said
Lot 4, a distance of 250’ to the NWly right-of-way line of US-66 Bypass, thence
N 69°37’42” E a long said right-of-way line a distance of
334.13’; thence NEly along said right-of-way line and along a curve to the right
with a radius of 1969.83’ a distance of 499.95’; thence N 74°24’53” E along said right-of-way line a distance of
81.23’; thence N 53°09’23” W a distance of 486.07’ to a point on the N line
of said Section 4; said point being 1364’ W of the NE/c of said Lot 3; thence W
along the N line of said Section 4 a distance of 529.50’; more or less, to a
point that is 772.41’ E of the NW/c of said Section 4; thence S a distance of
200’; thence W a distance of 200’; thence S a distance of 411.7’ to the POB; and
that parcel of land beg. at a point 672.41’ E of the NW/c of Lot 4, Section 4,
T-19-N, R-14-E, thence S 200’ to a point; thence E 100’ to a point; thence N
200’ to a point; thence W 100’ to the POB; less and except the W 143.69’ of the
S 411.7’ of said tract and less and except the W 43.69’ of the N 200’ of said
tract
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Variance of required number of parking spaces from 35 to 20 for a
restaurant in a CH district.
SECTION 1212.D. USE UNIT
12. EATING ESTABLISHMENTS OTHER
THAN DRIVE-INS, Off-Street Parking and Loading Requirements. Variance of Section 1301.D. to permit
required parking on an adjoining lot under common ownership. SECTION 1301.D. GENERAL REQUIREMENTS, located at 3148 E.
11th St.
Presentation:
The applicant, Robert D. Matthews, 1617 S. Troost, deferred to his
contractor, Gary Lind, Rt.1 Box 124, Beggs, Oklahoma 74421 for the
presentation. Mr. Lind stated he
was unsure if there was ever an occupancy permit pertaining to the use of former
businesses on the subject property.
He asks for permit to park on an adjoining lot under common
ownership. He asked for
clarification of the requirements pertaining to handicapped parking allowance
and a loading berth.
Comments and Questions:
Mr. Dunham asked about the hours of operation for the restaurant. Mr. Lind replied that the diner hours
will be 24-Hour, 7 Days per Week.
Mr. Dunham asked about parking space requirements. Mr. Beach stated that the 3,477 square
feet required 35 parking spaces. Mr. Cooper asked how many more spaces would be
provided with the tie-agreement.
Mr. Lind stated there would be another 16 – 20 spaces.
Interested Parties/Protestants:
None.
Board
Action:
On MOTION of Cooper, the Board voted 5-0-0 (White, Dunham,
Turnbo, Perkins, Cooper “aye”; no “nays”; no “abstentions”; no “absences”) to
Continue a Variance of required number of parking
spaces from 35 to 20 for a restaurant in a CH district to the BOA meeting on
March 14, 2000, and to APPROVE a Variance of Section
1301.D. to permit required parking on an adjoining lot under common ownership,
finding lot sizes to be small for the following described
property:
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Special Exception to permit elderly housing in an OL and CS zoned
districts. SECTION 601. PRINCIPAL USES PERMITTED IN OFFICE
DISTRICTS and SECTION 701.
PRINCIPAL USES PERMITTED IN COMMERCIAL DISTRICTS – Use Unit 8, located at
the NW/c E. 7th St. & Memorial.
Presentation:
The applicant, Ricky Jones, with Tanner Consulting at 2202 E.
49th St. presented the case.
He stated that the architect reduced the size of the building, re-worked
the parking spaces, and increase setbacks on the north and
west.
Board
Action:
On MOTION of Dunham, the Board voted 5-0-0 (White, Dunham,
Turnbo, Perkins, Cooper "aye"; no "nays"; no "abstentions"; no "absences") to
APPROVE the Special Exception to permit elderly
housing in OL and CS zoned districts, 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 for the following
described property:
A tract of
land located in the NE of the SE of Section 2, T-19-N, R-13-E of the IBM, City
of Tulsa, Tulsa County, Oklahoma, more particularly described as follows,
to-wit: Tract 1: commencing at the SE/c of said NE SE of Section 2; thence N
0°05’28” W along the E line of said NE SE a distance of
35’; thence N 90°00’00” W a distance of 100’ to the POB; thence N
90°00’00” W a distance of 257’; thence N 00°05’28” W a
distance of 399.09’; thence S 90°00’00” E a distance of 307’; thence S 00°05’28” E a distance of 101.86’; thence N 90°00’00” W a distance of 15’; thence S 00°05’28” E a distance of 207.23’; thence N 90°00’00” W a distance of 35’; thence S 00°05’28” E a distance of 90’ to the POB, less the E 10’ of
the N 101.86’ thereof; AND Tract 2:
Beg. at the SE/c of said SE/c of said NE SE; thence N 125’; thence W
100’; thence S 125’; thence E 100’ to POB, less the E 65’ of the N 90’ and the S
35’ thereof for streets
*.*.*.*.*.*.*.*.*.*.*.
Action Requested:
Special Exception for a church in an AG district. SECTION 301. PRINCIPAL USES PERMITTED IN THE
AGRICULTURE DISTRICT – Use Unit 5, located on the N side of E. 11th
St. between 129th E. Ave. & 145th E.
Ave.
Presentation:
Jerone Roland, 3801 S. 93rd E. Ave., requested a
Special Exception for a church in an AG district.
Interested Parties:
Bryan Liggins, 2732 N. Birmingham Pl., member of the church,
expects the church facilities to enhance the neighborhood. He stated support of the action
requested.
Protestants:
Bob Johnson, 15324 E. 13th St., Chairman of the Tower
Heights Neighborhood Association appeared before the Board. He submitted a list of conditions
requested. The conditions are as follows:
church structure and grounds consist of similar materials and appeal as
the Apostolic Church located at 13823 E. 11th St., at the minimum and
in particular, a full brick exterior and composition roof.
Deloris Wood, RR 5 Box 134, Salem, Missouri, stated that she and
her family had owned a five acre tract just to the east of the subject
property. They were promised city
sewer lines several years ago, for which they have paid taxes to the City of
Tulsa since that time and there still are no sewer lines. She opposed the septic tank for the
church located across from her front door.
Rebuttal:
Mr. Roland identified a need for a church in the area for people of
color. He stated that they desire
to work with other churches in the area, and enhance the
neighborhood.
Board
Action:
On MOTION of Dunham, the Board voted 5-0-0 (White, Dunham,
Turnbo, Perkins, Cooper "aye"; no "nays"; no "abstentions"; no "absences") to
APPROVE a Special Exception for a church in an AG
district, subject to submittal of a site plan later, finding it to 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, for the following
described property:
The E/2 of
SE of SW of SE, Section 4, T-19-N, R-14-E, of the IBM, City of Tulsa, Tulsa
County, Oklahoma
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Special Exception to allow a transitional living center in an RS-3
district. SECTION 401. PRINCIPAL USES PERMITTED IN RESIDENTIAL
DISTRICTS – Use Unit 2, located at 2827 N. Garrison.
Presentation:
The applicant, Ken Brooks, 2730 N. Denver, presented the
case. He stated that his intent is
to provide a facility to reach out to homeless and chemical dependent people to
assist them in re-establishing their lives.
Comments and Questions:
Ms. Turnbo asked if the church is state certified or licensed. Mr. Brooks stated that they are
not. Mr. Stump commented that it
appears to be a transitional living facility, which requires certification or
license.
Protestants:
Ira White, 3235 N. Garrison, stated that there is no need for a
transitional living facility in the area.
He submitted a petition with signatures from the neighbors. He does not want that element of society
drawn to the neighborhood.
Other neighbors appeared to protest the action for similar reasons listed
above.
Rebuttal:
Mr. Brooks stated that the purpose for this facility is to improve the
neighborhood, and the lives of those who live there.
Board
Action:
On MOTION of Perkins, the Board voted 5-0-0 (White, Dunham,
Turnbo, Perkins, Cooper "aye"; no "nays"; no "abstentions"; no "absences") to
DENY the Special Exception to allow a transitional
living center in an RS-3 district, finding it will not be in harmony with the
spirit and intent of the Code, and would be injurious to the neighborhood or
otherwise detrimental to the public welfare, for the following described
property:
Lots 5
& 6, Block 7, Standard Heights, City of Tulsa, Tulsa County,
Oklahoma
*.*.*.*.*.*.*.*.*.*.*.
Action Requested:
Variance of the setback from centerline of Lewis from 50’ to 48.6’ for
existing sign. SECTION 1221.C.7.
USE UNIT 21. BUSINESS SIGNS AND
OUTDOOR ADVERTISING, General Use Conditions for Business Signs – Use Unit 21,
located at 2626 N. Lewis.
Presentation:
The applicant is not present.
Mr. White described the subject property.
Board
Action:
On MOTION of Dunham, the Board voted 5-0-0 (White, Dunham,
Turnbo, Perkins, Cooper "aye"; no "nays"; no "abstentions"; no "absences") to
APPROVE a Variance of the setback from the centerline of Lewis
from 50’ to 48.6’ for existing sign, finding the hardship to be the offset of
the new roadway from center line of the right-of-way, and that the short space
requested will not cause substantial detriment to the public good or impair the
purposes, spirit and intent of the Code, or the Comprehensive Plan, for the
following described property:
N 374’, S
810’, E 340’, SE SE, Section 19, T-20-N, R-13-E, City of Tulsa, Tulsa County,
Oklahoma, less and except right-of-way on Lewis on east
side
There being
no further business, the meeting wise adjourned at 4:35
p.m.
Date approved:______________________
__________________________________
Chair
TOP
OF PAGE TABLE
OF CONTENTS HOME