CITY BOARD OF ADJUSTMENT
Tuesday,
March 28, 2000, 1:00 p.m.
Francis
F. Campbell City Council Room
Plaza
Level of City Hall
Tulsa
Civic Center
|
Dunham,
Vice Chair |
Cooper |
Beach |
Prather,
Legal |
|
White,
Chair Turnbo |
|
Butler Stump |
Parnell,
Zoning
Official |
|
Perkins |
|
|
|
The notice and agenda of said meeting was posted in the Office of the City Clerk on Monday, March 27, 2000, at 08:31 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.
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MINUTES:
On MOTION of Turnbo, the Board voted 3-0-0 (Dunham,
Turnbo, White "aye"; no "nays"; "no abstentions"; Cooper, Perkins "absent") to
APPROVE the Minutes of
February 22, 2000 (No. 790) as amended.
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Action
Requested:
Special
Exception under Section 1402.F permitting the change of the use of the property
from the automobile service station, Use Unit 17, to Shopping Goods and
Services, Use Unit 14, and Offices, Use Unit 11. SECTION 1402.F. NONCONFORMING USE OF
BUILDINGS, OR BUILDINGS AND LAND IN COMBINATION Use Unit 14; a Special
Exception under Section 1407.C modifying the parking requirements to permit the
proposed uses with the presently existing 19 parking spaces, or 12 parking
spaces in the event the license agreement with the City should be
terminated. SECTION 1407.C. PARKING, LOADING AND SCREENING
NONCONFORMITIES; In the event the non-conforming status of the property as to
parking is determined to have ended by virtue of non-use, a Variance of the
provisions of Section 1402.D to permit the non-conforming status of the property
as to parking to continue. SECTION
1402.D. NONCONFORMING USE OF
BUILDINGS, OR BUILDINGS AND LAND IN COMBINATION; In the event the non-conforming
status of the property as to parking is determined to have ended by virtue of
non-use, and the variance of the provisions of Section 1402.D is denied; a
Variance of the requirements of Section 1214.D to permit the proposed landscape
design service and retail sales and office uses with the presently existing 19
off-street parking spaces, or with 12 off-street parking spaces, in the event
the license agreement with the City should be terminated. SECTION 1402.D. NONCONFORMING USE OF BUILDINGS, OR
BUILDINGS AND LAND IN COMBINATION and SECTION 1214.D. USE UNIT 14. SHOPPING GOODS AND SERVICES, Off-Street
Parking and Loading Requirements; located at SW/c E. 41st St. &
S. Harvard.
Presentation:
Mr.
Beach stated that the applicant has withdrawn this
request.
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Action
Requested:
Appeal
of the issuance of Certificate of Appropriateness for the construction of new
structures in the Historic Preservation Area. SECTION 1055.F. APPEAL OF PRESERVATION
COMMISSION ACTION, located at
218
& 222 E. 18th St.
Presentation:
Applicant faxed a letter of withdrawal to the Board.
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Action
Requested:
Special Exception to
permit the Use Unit 5, Private School Recreation and Athletic Facilities and
Fields as shown on the site plan in the OM, OL and RM-1 zoning districts
applicable to the site. SECTION
1205.C. USE UNIT 5. COMMUNITY
SERVICES AND SIMILAR USES, Off-Street Parking and Loading Requirements. Use Unit 5; a Variance of the
off-street parking requirements in Use Unit 5, Section 1205.C of the Zoning Code
to permit the 720 off-street parking spaces provided for the football and soccer
stadium bleachers to satisfy the combined off-street parking requirements for
the football/soccer stadium, the athletic facilities building and the baseball
and softball fields. SECTION
401. PRINCIPAL USES PERMITTED IN
RESIDENTIAL DISTRICTS and SECTION 601.
PRINCIPAL USES PERMITTED IN OFFICE DISTRICTS; and a Variance of the
requirement that high schools shall have their principal vehicular entrance and
exit on an arterial street. SECTION 1205.B.2.a. USE UNIT 5. COMMUNITY SERVICES
AND SIMILAR USES, Use Conditions, located on the E side of S Wheeling & N of
E. 78th St.
Presentation:
Charles Norman stated he
represented the applicant, Victory Christian Center and School, in this case.
The application includes
approximately 25 acres on the west side of the drainage channel, which is part
of the old Joe Creek creek-bed on the west side of Lewis Avenue. This application was continued on two
occasions. He stated that one
permitted the applicant to discuss the location of the proposed football stadium
with the developer of the townhome project located immediately to the north, and
second as a result of additional planning by the school administrators. Mr. Norman explained that the proposed
football and soccer field would be immediately west of the existing baseball
field and softball field as shown in the most current site plan. The stadium bleachers will be designed
to accommodate no more than 2,800 fans, and 700 off-street parking spaces would
be temporary until the high school is instructed. Mr. Norman indicated that the
various ballgames would not occur at the same time. This would meet the requirement for one
car per every four stadium seats.
Mr. Norman described the proposed lighting standards would result in
virtually no spillover lighting to the west, and directed downward as indicated
by the exhibit to the Board. Mr.
Norman stated that the applicant requests a variance of requirement for high
schools to be located adjacent to an arterial street. In this instance, he explained there is
access to Lewis Avenue from the west side of the campus over an existing
roadway. He pointed out the
Wheeling, to the west, is a collector street with center medians and turn bays
and is adequate to handle the traffic resulting from normal school
activities. Mr. Norman added that
copies of the plans have been provided to the developer of the property to the
north and they are satisfied and in support of the
application.
Comments and
Questions:
Ms. Turnbo had a question regarding the
staff comments on the proposed parking lot. Mr. Beach replied that a question had
been raised about the parking lot, that it might be gravel. Mr. Norman stated that the applicant is
aware of the requirements for a dust-free parking and would meet the
requirements.
Interested
Parties/Protestants:
None.
Board
Action:
On
MOTION
of Dunham,
the Board voted 4-0-0 (White, Dunham, Turnbo, Perkins, "aye"; no "nays"; no
"abstentions"; Cooper "absent") to APPROVE
a Special Exception
to permit the Use Unit 5, Private High School Education and Athletic Buildings
and Athletic Facilities and Fields as shown on Phase I and Phase II Site Plans
in the OM, OL and RM-1 zoning districts; a Variance of the
off-street parking requirements in Use Unit 5, Section 1205.C of the Zoning Code
to permit the minimum of 700 off-street parking spaces provided for the 2800
capacity football and soccer stadium bleachers to satisfy the combined
off-street parking requirements for the football/soccer stadium, the high school
education and athletic facilities buildings and the baseball and softball
fields; and a Variance of the requirement of Section 1205.B.2.a.,
that high schools shall have their principal vehicular entrance and exit on an
arterial street, per plan labeled amended Exhibit C, finding the hardship to be
the flood plane and the access already provided, on the following described
property:
Lot 1, Block 15,
Kensington, Blocks 15 & 17 and Tracts 1-3, as described below: Tract 1: A part of the S/2 NE of Section
7, T-18-N, R-13-E, being more particularly described as follows: Commencing at a
point on the S line of the NE of Section 7, T-18-N, R-13-E and 50 W of the E
line of said Section 7; thence N 89°4842
W a distance of 880 to the POB; thence S 0°1003
W a distance of 370; thence N 89°4842
W a distance of 414.1; thence N 89°4842
W a distance of 414.1; N 0°1003
E a distance of 554.75; thence S 89°4842
E a distance of 364.10; thence S 0°1003
W a distance of 185; thence S 89°4842
E a distance of 50 to the POB; Tract 2: A part of the S/2 NE of Section 7,
T-18-N, R-13-E, more particularly described as follows: Commencing at a point on the S line of
the NE of said Section 7, T-18-N, R-13-E, and 50 W of the E line of said
Section 7; thence N 89°4842
W a distance of 880; thence S 0°1003
W a distance of 370; thence N 89°4842
W a distance of 414.1 to the POB; thence continuing N 89°4842
W a distance of 392.43; thence N 0°1003
E a distance of 554.89; thence S 89°4842
E a distance of 392.43; thence S 0°1003
W a distance of 554.75 to the POB; and Tract 3: A part of the S/2 NE of Section
7, T-18-N, R-13-E, more particularly described as follows: Commencing at a point on the S line of
the NE of Section 7, T-18-N, R-13-E, and 50 W of the E line of said Section 7;
thence N 89°4842
W a distance of 880; thence S 0°1003
W a distance of 370; thence N 89°4842
W a distance of 806.53 to the POB; thence continuing N 89°4342
W a distance of 298.47 to the E boundary of Block 13 Kensington Addition;
thence continuing N 89°4842
W a distance of 20 to the Ely right-of-way of S. Wheeling Ave.; thence N 0°1003
E along said right-of-way, a distance of 555; thence S 89°4842
E a distance of 20 to a point on the Ely boundary of said Block 13, Kensington;
thence continuing S 89°4842
E a distance of 313.47; thence S 0°1003
W a distance of 554.89 to the POB, all in the City of Tulsa, Tulsa County,
Oklahoma, and being located in an OL, OM, RM-1 and PUD 128B zoned district.
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Action
Requested:
Variance
of side yard requirement from 5 and 10 to 1 and 4.7 to allow a lot
split. SECTION 403. BULK AND AREA REQUIREMENTS IN THE
RESIDENTIAL DISTRICTS Use Unit 6, located at 1516 E. 21st
St.
Presentation:
The
applicant, Mike Marrara, 9936 E. 55th Pl., stated that he was
hired to do a survey at 1516 E. 21st St. for the owner, before
landscaping and constructing a fence.
He informed the Board that the survey identified that the garage on the
property to the east was actually encroaching on the subject property. Mr. Marrara stated that the actual lot
lines did not coincide with where the property line appeared to be. He suggested that a lot split would
adjust the lot line to take care of the encroaching garage and create a new line
that parallels the side of that garage and the stucco wall currently in
place. He added that all of the
improvements at this point have been on the property for quite some time.
Protestants:
None.
Board
Action:
On MOTION
of Turnbo,
the Board voted 3-0-1 (, Dunham, Turnbo, Perkins "aye"; no "nays"; White
"abstains"; Cooper "absent") to APPROVE
the Variance
of side yard requirement from 5 and 10 to 1 and 4.7 to allow a lot split,
finding the hardship that it is an existing lot and a very small variance so
there can be two houses on this tract.
Lots 10 & 11, Block
2, Terwilleger Heights, City of Tulsa, Tulsa County, Oklahoma
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Action
Requested:
Special
Exception to permit parking vehicles awaiting repair on gravel parking surface
if located behind the building setback line SECTION 222. MOTORIZED VEHICLES;
Special Exception to modify or remove screening requirement with respect to
adjoining R zoned district SECTION 212.C. SCREENING WALL OR FENCE; and an Appeal
from determination of Neighborhood Inspector of not meeting parking
requirements. SECTION 1217.C.1. USE UNIT 17. AUTOMOTIVE AND ALLIED ACTIVITIES,
Off-Street Parking and Loading Requirements, located E of NE/c E.
11th St. & 107th E. Ave.
Presentation:
Stephen
Schuller, 500 OneOk Plaza, 100 W. 5th St., represented John and
Susan Sharp, owners of Sharp Automotive group, that has a discount auto repair
on the subject property. He stated
the subject property is zoned CS, as are the properties in both directions on
the same side of 11th Street, the property on the south directly
across the street is zoned CS, the property behind the subject property to the
north is RS-3, but contains a commercial or industrial facility known as Whitco
Spring Sales. He described this
portion of 11th Street as a six-lane and grass median. In 1988 this property was approved for a
Special Exception for use unit 17 automotive uses. He stated that the applicants have
several automotive sales businesses, and this one would be to service and repair
autos for sale at their sales facilities.
Mr. Schuller stated that the applicants are not in the business of
salvage, and they are motivated to complete the repairs to sell the cars. He indicated that the since the facility
on the RS-3 zoned property is industrial there would not be any point to screen
from a residential property. He
stated that would be consistent with this Boards previous action, Case No.
13934 in 1986, which waived the screening requirement for the property next door
to the west of the subject property.
Mr. Schuller submitted photographs of the property, dead-end street and
the gravel parking, taken a little over a month ago.
Comments and
Questions:
Ms. Turnbo
asked how many parking spaces are on the paved parking in front. Mr. Schuller replied that they are
required to have at least five and they have five or more in front. Ms. Turnbo asked Ms. Parnell when
another set of pictures was taken.
Ms. Parnell replied that they were taken about six weeks ago. Ms. Turnbo informed Mr. Schuller that
the pictures show a car parked in the right-of-way, with one wheel in the
street, and several cars parked outside the chain link fence in the
right-of-way. He stated that he
informed the applicant that parking cars in that manner would not be
permissible. Ms. Turnbo also noted
that there is a citation for not cutting weeds and not maintaining the
property. She asked if he is going
to keep the property maintained.
Mr. Schuller stated he did not see any when he was there on Saturday, and
the rear parking lot is graveled, so it appears that is under control. Mr. White asked how many lots the
business uses. Mr. Schuller replied
two or three sales businesses in addition to this repair business. Ms. Turnbo asked how many cars could be
parked on the gravel parking lot.
He responded that he did not know.
Protestants:
Nancy
Craten,
representing Western Village and Mingo Valley Neighborhood Associations, stated
they have several concerns regarding this property. She stated that they have been aware of
this property for some time, when too many cars were parked there. She explained that when the use unit 17
was granted the neighborhood understood that it was for camper sales. She stated that there is a lot of
difference in camper sales and what is now located there. She indicated that they are running
Eastside Towing out of the back part of the property, with a big sign on the
side, which is also visible from 11th Street. She mentioned that the cars in back are
visible from 11th Street, because Ditch Witch sits back from the
street. She stated that Ditch Witch
is a beautiful facility with attractive grounds. She pointed out that there is a picture
of a large, beautiful home in the back of the subject property, and the
association would like to protect this home and others that could located in
that area. She also called
attention to the pictures of cars that were parked on the property this past
weekend, with dates on some of the windows of the cars. She stated that the grass was growing up
around the cars and it looked bad, and the pictures show that grass is starting
to grow up there again.
Comments and
Questions:
Mr. White informed the Board that this past weekend there were approximately 45 vehicles in the lot behind and about 15 in the front.
Protestants:
James
Mautino,
14628 E. 12th Street, on the Board of Tower Heights Neighborhood
Association, stated he counted 60 cars, boats and trailers in the back and
roughly 30 cars in front on Sunday.
He stated that some of the vehicles would require a lot of work,
including bodywork. He reminded the
Board that there is no bodywork facility there, and the repair shop only has two
bays. He pointed out that some of
the cars have the trunks open and windows broken, and do not look like cars
being prepared to sell.
Interested
Parties:
Mildred
Whiten,
10883½ E. 11th Street, stated she is the owner of Whitco
Springs. She informed the Board
that as long as she has lived there she has seen a great many changes in the
area. She reminded them of the
flood in 1984, and it took a long time to clean up the area. She stated that Mr. Sharp has tried to
clean up and built a new fence, and put in gravel. She does not object to the
application.
Comments
and Questions:
Mr. White asked if Ms. Whiten lives in the house. Ms. Whiten replied that she does live there. He asked also about the chain link fence, stating that the requirement is for a 6 privacy fence. Ms. Whiten does not see a need for that type of fence. Ms. Perkins asked if it would make a difference to her if she tried to sell her property.
Protestants:
John
Roy,
9018 E. 38th Street, stated he was representing the East Tulsa Mingo
Valley Association, stated that he had nothing further to add to the other
interested parties.
Eck
Ruddick,
14673 E. 11th Pl., stated that Eastside Towing was on Mingo, and
according to a neighbor at that location, the business had moved to the subject
property on east 11th Street with a chain link fence around it. He found the Eastside Towing sign was on
the subject property for the towing business, and a chain link fence around the
property. He asked the Board to
deny this application.
Applicants
Rebuttal:
Mr. Schuller, states he has not seen a lot of what was described by the neighbors and suggested that the poor conditions no longer exist on the property. He stated that this is a CS zoned property, and if a towing business exists on the property it would be a violation of the zoning code, and he informed his clients. Mr. Schuller suggested a continuance to allow him time to discuss the towing service with his clients, who are out of town this week. He stated that the application is for a gravel parking lot at back, consistent with the neighboring business, waiver of a screening fence where vegetation already provides screening, and an appeal from the Neighborhood Inspectors notice of not meeting parking requirements.
Comments
and Questions:
Ms.
Parnell, Neighborhood Inspector, stated the paperwork she submitted to the Board
explains the problem. She stated
that Mr. Sharp does own Eastside Towing and has for years. The number of cars parked on the
property with a two-bay facility is excessive. She suggested that he buys cars at
auctions, and when they are delivered they are placed wherever they will fit
when the lot is full. The previous
owner sold truck campers that were stored on racks very neatly, and did not use
the back of the property.
Board
Action:
On
MOTION
of Dunham,
the Board voted 4-0-0 (White, Dunham, Turnbo, Perkins "aye"; no "nays"; no
"abstentions"; Cooper "absent") to DENY
a Special Exception
to permit parking vehicles awaiting repair on gravel parking surface if located
behind the building setback line; a Special Exception to modify or
remove screening requirement with respect to adjoining R zoned district; and an
Appeal from determination of Neighborhood Inspector of not
meeting parking requirements, on the following described property:
S 300 of Lot 8, Block
2, East Eleventh Park Sub., City of Tulsa, Tulsa County, Oklahoma
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Action
Requested:
Variance of
lot width requirement from 150 to 122.
SECTION 403. BULK AND AREA
REQUIREMENTS IN THE RESIDENTIAL DISTRICTS Use Unit 6; a Variance of land area
per dwelling unit from 26,250 SF to 8,995.60 SF for existing southerly home
(second dwelling unit). SECTION
403. BULK AND AREA REQUIREMENTS IN
THE RESIDENTIAL DISTRICTS; a Variance of side yard requirement from 15 to 8.5
for existing southerly home (second dwelling unit). SECTION 403. BULK AND AREA REQUIREMENTS IN THE
RESIDENTIAL DISTRICTS; and a Variance to permit two dwellings on one lot of
Case No. 18680
(continued)
record. SECTION 207. ONE SINGLE-FAMILY DWELLING PER LOT OF
RECORD, located at 1320 E. 27th Pl. S.
Presentation:
Darin
Ackerman, with Sisemore, Weisz and Associates engineering firm, represented
the applicant. He stated that a
couple of different property owners are considering combining four existing lots
in this location. He explained that
it is a matter of making them into two larger lots to more conform to the zoning
district. The second dwelling unit
on the more westerly lot would be used for a cabana/pool house (accessory use)
not for a permanent residence or rental usage.
Interested
Parties:
Ralph
Smith, represented the Sorrells on the corner of Peoria and 27th
Street, and stated the action would create a lot split. They request a restriction that the
second dwelling cannot be rented or subdivided as a dwelling on a separate
lot.
Mark
Medlin, 2807 S. Peoria, on the lot immediately to the south of the subject
property. He stated that his
concern is the long alley that is being created to access Peoria, that there
might be an increase of traffic or extra access. Mr. Dunham asked if the alley already
exists. Mr. Medlin replied that it
does exist, but the possibility exists for a greater number of people to use the
access. Mr. Medlin suggested that
the same benefits could be achieved without using these variances, and with very
little modification to the existing plan.
Comments and
Questions:
Mr. Beach
stated that a lot could not be created to contain just the southerly house
because they would not have frontage.
Applicants
Rebuttal:
Mr.
Ackerman stated that he understands the restriction that would be put on the
relief, in order to approve the application.
Board
Action:
On
MOTION
of Dunham,
the Board voted 4-0-0 (White, Dunham, Turnbo, Perkins "aye"; no "nays"; no
"abstentions"; Cooper absent") to APPROVE
a Variance
of lot width requirement from 150 to 122; a Variance of land
area per dwelling unit from 26,250 SF to 8,995.60 SF for existing southerly home
(second dwelling unit); a Variance of side yard requirement from
15 to 8.5 for existing southerly home (second dwelling unit); and a
Variance to permit two dwellings on one lot of record, with
restriction that the southernmost dwelling unit can only be used as an accessory
use for the primary, and cannot be occupied on a permanent basis, per the lot
lines of the lots as shown per plan, finding the hardship to be the situation
already exists and the unusual configuration of the lot, on the following
described property:
All that part of Lot 3
in Section 18, T-19-N, R-13-E of the IBM, City of Tulsa, Tulsa County, State of
Oklahoma, described as follows:
Beginning at a point that is 1,650 N and 30 E of the SW/c of said
Section 18; thence E 430.00; thence N 315.00; thence W 320.00; thence S
194.00; thence E 25.40; thence S 101.00; thence W 135.40; thence S 20.00 to
the POB
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Action
Requested:
Variance
from 555.00 square feet allowable signage to 679.50 square feet on north face of
building. 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 11, located at 110 W. 7th St.
Presentation:
The
applicant, Brian Ward, 9520 E. 55th Pl., stated he seeks a
variance for additional square footage for the building sign on the north
elevation of the building at 110 W. 7th Street. He stated that currently there is an
existing Hillcrest sign and an Oxy logo on the uppermost part of the
building. The Oxy logo sign would
be removed before the Vintage sign is put up. He stated that the total square footage
for the signs exceeds the allowable footage for the north side. Mr. Beach explained that the Vintage
sign should be counted as one word and the large V would measure the height of
the sign. Mr. Beach stated that the
code reads, the minimum rectangle that would encompass an individual
word.
Board
Action:
On
MOTION
of Dunham,
the Board voted 4-0-0 (White, Dunham, Turnbo, Perkins "aye"; no "nays"; no
"abstentions"; Cooper "absent") to CONTINUE
Case No. 18684 to the hearing on April 25, 2000, to allow the applicant to
advertise for the proper relief, on the following described
property:
Lot
1, Block 175, Original Town or Block 1, Cities Service, City of Tulsa, Tulsa
County, State of Oklahoma
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Action
Requested:
Variance of maximum allowable floor area for detached accessory building of 750 square feet to 960 square feet. SECTION 402.B.1.d. ACCESSORY USES IN RESIDENTIAL DISTRICTS, Accessory Use Conditions Use Unit 6, located at 1012 N. Vandalia.
Presentation:
The
applicant, John Niehaus, 1012 N. Vandalia, stated that he has a two-car
garage and he needs an extra ten feet for tool storage on the back.
Comments and
Questions:
Mr. White
stated that there is an existing structure there, and asked the applicant if he
just wants to add to it. Mr.
Niehaus responded affirmatively.
Mr. White asked where he wanted to make the addition. Mr. Niehaus replied that he would like
to add ten feet to the west side.
Mr. Dunham asked for the current size of the garage. Mr. Niehaus stated the existing
structure is 24 X 30 and he wants to enlarge it to 24 X 40. Mr. White asked where the driveway to
the garage is located. Mr. Niehaus
stated he does not have one yet.
Mr. White asked where the driveway would be located. Mr. Niehaus replied that it would come
down the south side of the house.
Mr. Dunham asked if there is a garage attached to the house in addition
to the one in the application. Mr.
Niehaus replied that he does have an attached garage also. Ms. Turnbo asked for the size of the
attached garage. Mr. Niehaus stated
it is a one-car garage.
Protestants:
None.
Board
Action:
On
MOTION
of Dunham,
the Board voted 4-0-0 (White, Dunham, Turnbo, Perkins "aye"; no "nays"; no
"abstentions"; Cooper "absent") to APPROVE
a Variance
of maximum allowable floor area for detached accessory building of 750 square
feet to 960 square feet, with condition that it be used for personal use only
and no commercial use to be permitted, and finding the hardship to be that there
are several already in the neighborhood, for the following described
property:
Lot 6, Block 9, Modern Heights Addition, City of Tulsa, Tulsa County, State of Oklahoma
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Action
Requested:
Variance of Section 210.B.5 to construct an accessory building in rear
yard which exceeds the allowable coverage of 20%. SECTION 210.B. YARDS, Permitted
Obstructions in Required Yards Use Unit 6, located at 1715 S.
Detroit.
Presentation:
The
applicant, Mike Lester, 2000 W. Detroit, # G, Broken Arrow, stated he is
the contractor for the homeowners at this subject property address. This home is located in the historical
preservation district of the City of Tulsa. He stated that they are doing some
exterior repairs to their residence and they desire to remove the existing
garage/ living quarters located at the rear of their property, and to construct
a new garage only along the back property line. Mr. Lester stated that the zoning
requirement for the south property line would call for a three-foot setback from
the property line, and the plan is to build it 4½ feet from the south property
line and the proposed structure would be smaller than the existing. The applicant submitted photographs and
a letter to the Board.
Comments and
Questions:
Mr. Dunham
asked if the historical preservation society is in support of this
application. Mr. Stump stated that
they have concerns that the new garage will be built very close to the existing
house, and not set back as they have traditionally been. Mr. Dunham stated it is basically the
same location with a little different configuration.
Protestants:
None.
Board
Action:
On MOTION
of Dunham,
the Board voted 4-0-0 (White, Dunham, Turnbo, Perkins "aye"; no "nays"; no
"abstentions"; Cooper "absent") to APPROVE
a Variance
of Section 210.B.5 to construct an accessory building in rear yard which exceeds
the allowable coverage of 20%, per plan submitted, finding that the new
structure would be located where the existing structure is, and would be smaller
in size, on the following described property:
Lot 9, Block 6, Maple
Park Addition, City of Tulsa, Tulsa County, State of
Oklahoma
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Action
Requested:
Special
Exception to allow a tent and outdoor special events in an RS-3 zoned district
for periods in 2000, as follows: April 14, May 7, July 4, August 18-19,
September 23, and to allow this use for five years 2000 2004 for unspecified
dates but limited to the maximum allowed of 179 days. SECTION 401. PRINCIPAL USES PERMITTED IN RESIDENTIAL
DISTRICTS Use Unit 2, located at 2210 S. Main.
Presentation:
The
applicant, Lyn Kelly, 2101 S. Boston, stated she is the Development and
Public Relations Director for the Arts and Humanities Council. She stated that they provide arts
education at little or no cost especially to children and youth. She stated that they use the tent and
outdoor events to raise funds for these educational programs.
Comments and
Questions:
Mr. White
stated he has the letters of support from the neighborhood. Mr. Dunham stated that they have been
doing this for years and there are no protests. Ms. Kelly added that they would continue
to have paid security at the events.
Protestants:
None.
Board
Action:
On
MOTION
of Turnbo,
the Board voted 4-0-0 (White, Dunham, Turnbo, Perkins "aye"; no "nays"; no
"abstentions"; Cooper "absent") to APPROVE
a Special Exception
to allow a tent and outdoor special events in an RS-3 zoned district for periods
in 2000, as follows: April 14, May 7, July 4, August 18-19, September 23, and to
allow this use for five years 2000 2004 for unspecified dates but limited to
the maximum allowed of 179 days, with the condition that there would not be a
tent put up for 179 consecutive days, on the following described
property:
Block 1, Harwelden, a resub of Block 4, Riverside Addition, City of Tulsa, Tulsa County, State of Oklahoma
*.*.*.*.*.*.*.*.*.*.
Case
No. 18690
Action
Requested:
Variance of Section 206, which requires a minimum of 30 frontage on a
public, street or dedicated R-O-W to allow a lot split. SECTION 206. STREET FRONTAGE REQUIRED Use Unit 6;
Variance of average lot width for Tract B from 200 to 46. SECTION 303. BULK AND AREA REQUIREMENTS IN THE
AGRICULTURE DISTRICT; Variance of minimum lot area for Tract B from 2 acres to 1
acre. SECTION 303. BULK AND AREA REQUIREMENTS IN THE
AGRICULTURE DISTRICT; Variance of minimum land area per dwelling unit for Tract
B from 2.2 acres to 1 acre. SECTION
303. BULK AND AREA REQUIREMENTS IN
THE AGRICULTURE DISTRICT; and a Variance of average lot width for Tract C from
200 to 131. SECTION 303. BULK AND AREA REQUIREMENTS IN THE
AGRICULTURE DISTRICT, located at 6020 E. 116th
St.
Presentation:
Ted
Sack,
111 S. Elgin, requested relief on a ten acre tract, approximately 330 X 1320
north and south and the only accessibility to the tract is on 116th
Street. He informed the Board that
his client desires to buy the north half of this tract, consisting of five acres
for a personal residence. He
pointed out that there is a residence on the south portion of property, so to
provide accessibility they request a lot-split, and to create a panhandle to
116th Street. He stated
that the existing owner desired to create a one-acre tract around the existing
house. Mr. Sack submitted a list of
existing conditions around this property.
He stated that the property to the west of the subject property was split
identically to this plan. He
explained that the property to the east is a very narrow five-acre tract. Mr. Sack informed the Board that a
preliminary plat, has been approved on the property to the south, called
Hawthorne Woods. He stated that
when it is completed, there would be a stub-street to the south
tract.
Comments
and Questions:
Mr. White
asked Mr. Sack about his opinion on the staff comments suggesting he should seek
a PUD. Mr. Sack stated that since
they do not want more than two lots or two homes, the relief requested would
meet the needs. Mr. Stump commented
that there is a problem providing fire protection, without fire hydrants
close-by.
Interested
Parties/Protestants:
None.
Board
Action:
On
MOTION
of Dunham,
the Board voted 4-0-0 (White, Dunham, Turnbo, Perkins "aye"; no "nays"; no
"abstentions"; Cooper "absent") to DENY
the Variance
of Section 206 which requires a minimum of 30 frontage on a public street or
dedicated R-O-W to allow a lot split; a Variance of average lot
width for Tract B from 200 to 46; a Variance of minimum lot area
for Tract B from 2 acres to 1 acre; and a Variance of minimum land
area per dwelling unit for Tract B from 2.2 acres to 1 acre; and to
APPROVE a Variance of average lot width for Tract C
from 200 to 165, on the property described as follows:
The E/2 E/2 NW/4 SW/4
of Section 34, T-18-N, R-13-E, City of Tulsa, Tulsa County, State of
Oklahoma.
*.*.*.*.*.*.*.*.*.*.
Case
No.18691
Action
Requested:
Variance of Section 703.Table 3 of required lot width in a CS zoned
district from 150 to 56 and from 150 to 44 for a lot split. SECTION 703. BULK AND AREA REQUIREMENTS IN THE
COMMERCIAL DISTRICTS Use Unit 6 & 14; a Special Exception to allow a
single-family dwelling in a CS zoned district. SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL
DISTRICTS; and a Variance of setback from Madison from 55 to 40.2 and 31.7
and setback from Pine from 100 to 49.4.
SECTION 703. BULK AND AREA
REQUIREMENTS IN THE COMMERCIAL DISTRICTS, located at 1001 E. Pine.
Presentation:
Victor
Bentley,
1509 N. Madison Ave., requested a variance of six feet for a lot split, which he
purchased from the Morning Star Baptist Church. The applicant stated that he lives on
the property to the west of the church.
He stated that he came to the Board to get
approval.
Comments
and Questions:
Mr. Dunham
stated that the applicant is buying the west part of the church property to
attach to his own property to correct an encroachment problem.
Interested
Parties/Protestants:
Dorothy
Dewitty
stated she is confused about what the applicant is requesting. She stated that she owns Lots 11 12in
Block 3, which have the same configuration of the subject property. She asked what property is being split,
and why does the applicant need setbacks.
Comments
and Questions:
Mr. White explained that the applicant built on to an existing house and encroached on the property owned by the church. He then bought six feet of the church property to eliminate the encroachment. Mr. White explained that the building was there before the zoning came into effect. Mr. Stump stated that the setbacks are to bring the existing structures in compliance. Ms. Dewitty summarized that there is a retail operation on Pine and behind that a residence.
Dean
Bullock,
784 E. Queen St., stated that she wanted to know if the commercial zoning was
being changed to residential. Mr.
White assured her that nothing concerning the zoning was being
changed.
Board
Action:
On
MOTION
of Dunham,
the Board voted 4-0-0 (White, Dunham, Turnbo, Perkins "aye"; no "nays"; no
"abstentions"; Cooper "absent") to APPROVE
a Variance
of Section 703.Table 3 of required lot width in a CS zoned district from 150 to
56 and from 150 to 44 for a lot split; a Special Exception to allow a
single-family dwelling in a CS zoned district; and a Variance of setback from
Madison from 55 to 40.2 and 31.7 and setback from Pine from 100 to 49.4,
per existing conditions, finding the hardship to be the property is
non-conforming, per plan, on the property described as follows:
Lots 11
& 12, Block 2, Booker Washington Addition, City of Tulsa, Tulsa County,
State of Oklahoma
*.*.*.*.*.*.*.*.*.*.
Case
No.18692
Action
Requested:
Special Exception to allow U.U. 17 for Truck Dealership/Lease/Sales/
Repair. SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL
DISTRICTS Use Unit 17, located at 1023 N. Garnett Rd.
Presentation:
The
applicant, Marshall
Byford,
1023 N. Garnett, stated he owns Ready Quick Construction, and is the general
contractor for Frontier Lease. He
stated that they are adding a conference room to an existing office. When he applied for a building permit,
he was informed that he needs a Special Exception.
Comments
and Questions:
Mr. Beach
stated that Mr. Ackerman issued a zoning deficiency letter that triggered this
application. Mr. Prather stated that the 1975 and 1976 Board Action both stated
it was approved per plot plan.
Interested
Parties/Protestants:
Nancy
Craten,
245 S. 120th E. Ave., stated that the neighbors wanted to know if
this case was regarding Frontier Lease.
She stated that the business has been a good neighbor in their area, and
the neighborhood is in support of them.
Comments
and Questions:
Mr. White
wanted to know if the conference room is all that would be added. Mr. Byford replied that the franchise
requirements require a conference room for training purposes.
Board
Action:
On
MOTION
of Dunham,
the Board voted 4-0-0 (White, Dunham, Turnbo, Perkins "aye"; no "nays"; no
"abstentions"; Cooper "absent") to APPROVE
a Special Exception
to allow U.U. 17 for Truck Dealership/Lease/Sales/ Repair, per plan submitted,
on the property described as follows:
A tract of land in the
W/2 NW/4 SW/4 of Section 32, T-20-N, R-14-E of the IBM, City of Tulsa, Tulsa
County, State of Oklahoma, to wit:
Beginning at a point on the W line of said W/2 NW/4 SW/4 830 N of the
SW/c thereof, thence N 88Ί4747 E for 50 then S 1Ί633 E and parallel to the
W line of said W/2 NW/4 SW/4 for 80 the N 88Ί210 E for 199.20 then S 1Ί633
E for 290 to a point on the Nly right-of-way line of US-244; then S 66Ί51 E
and along said right-of-way line for 453.60 to a point on the E line of said
W/2 NW/4 SW/4, 270 N of the SE/c thereof; then N 1Ί066 W along the E line of
said W/2 NW/4 SW/4 for 720.10 then S 88Ί4610 W 660.29 to a point on the W
line of said W/2 NW/4 SW4; then S 1Ί66 along the W line of said W/2 NW/4 SW/4
for 159.90 to a POB.
*.*.*.*.*.*.*.*.*.*.
Case
No.18693
Action
Requested:
Variance of Section 1211.C.2. requiring a funeral home to have a minimum
lot area of 1 acre to permit .448 acre on 3 adjoining lots. SECTION 1211.C.2. USE UNIT 11. OFFICES, STUDIOS, AND SUPPORT SERVICES,
Use Conditions Use Unit 2; a Special Exception to permit a crematory in a CH
district. SECTION 1202.B. USE UNIT
2. AREA-WIDE SPECIAL EXCEPTION
USES, Included Uses; a Variance of Section 1002. Landscape requirements for a
parking lot. SECTION 1002. LANDSCAPE REQUIREMENTS; a Variance of
Section 1301.D. requiring off-street parking spaces to be located on the lot
containing the use to permit parking on adjoining lots. SECTION 1301.D. GENERAL REQUIREMENTS; and a Variance
1302.B. off-street parking setbacks from the centerline of abutting streets
within 50 of an R district from 50 to 10. SECTION 1302.B. SETBACKS, located on the NW/c Admiral
Blvd. & Trenton Ave.
Presentation:
James
R. Adelman,
with Frazier, Frazier and Hickman, stated he was representing Admiral and
Trenton Property, Inc., owned by James Frazier and himself. He stated they are attempting to
purchase the subject property, and allow Eastern Oklahoma Mortuary Service to
occupy the premises as a small, low-cost mortuary service. He pointed out that their plan is to
remove the existing building on Lot 24, remodel the structure on Lot 23, to make
a parking lot on Lot 24 and part of Lot 22 to provide sufficient parking. He added that the chapel area is only
594 square feet, so the required number of parking spaces is only 26. He informed the Board that the owner of
Robertson Tires is in support of this application.
Interested
Parties/Protestants:
None.
Board
Action:
On
MOTION
of Dunham,
the Board voted 4-0-0 (White, Dunham, Turnbo, Perkins "aye"; no "nays"; no
"abstentions"; Cooper "absent") to APPROVE
a Variance
of Section 1211.C.2. Requiring a funeral home to have a minimum lot area of 1
acre to permit .448 acre on 3 adjoining lots; a Special Exception
to permit a crematory in a CH district; a Variance of Section
1002. Landscape requirements for a parking lot; and a Variance
1302.B. off-street parking setbacks from the centerline of abutting streets
within 50 of an R district from 50 to 10, per plan, finding the hardship to
be that there is already an existing facility and the new facility would be an
improvement over the existing conditions, on the property described as
follows:
Lots 22, 23, & 24,
Block 7, Lynch and Forsythes Addition, City of Tulsa, Tulsa County, State of
Oklahoma
*.*.*.*.*.*.*.*.*.*.
Case
No. 18694
Action
Requested:
Clarification, modification or removal of
conditions previously prescribed for grant of Special Exception. SECTION 1608.C. SPECIAL EXCEPTION, Board
of Adjustment Action, located at
11742
E. Admiral Pl.
Presentation:
Stephen
Schuller
stated that the Board of Adjustment granted a Special Exception to permit the
current use of the subject property, for trailer, mobile home and camper sales
in 1998, Case No. 18109. He stated
that the former applicant operated the business on the property, and later
leased the property to the current applicant who has operated a different
business. Mr. Schuller listed the
Board requirements on Case No. 18109, for skirting on the trailers that are
visible on Admiral, security lights must be hooded and directed down away from
the neighborhood, and limited the hours of operation to 8:00 a.m. to 8 p.m.,
Monday through Saturday only. He
added they imposed a maximum of eighteen homes on the entire property with a
minimum ten-foot separation between each one. Mr. Schuller asked for
clarification of that maximum number, as it was his understanding that eighteen
was the number allowed on the south boundary. He wanted clarification of the skirting
requirement, because his understanding of the requirement was that the mobile
homes along Admiral were to be skirted, however, the other mobile homes can be
seen behind the buildings. He
believes that skirting the mobile homes on the street frontage was their
intention. He informed the Board
that the former owner never installed security lights. Mr. Schullers client determined that
there is plenty of light at night from the streetlights and neighboring
businesses. He asked for a
modification of the requirement of security lights, to make it optional. Mr. Schuller also requested a
modification of the hours of operation to 9:00 a.m. to 7:00 p.m., Monday through
Saturday, and 12:-00 p.m. to 7:00 p.m. on Sundays.
Comments
and Questions:
Mr. White
stated that the ten-foot limit was for the separation of the homes, for the
eighteen homes on the rear property line.
Interested
Parties/Protestants:
Nancy
Craten,
245 S. 120th E. Ave., president of the Western Village Neighborhood
Association, stated that she has contacted the neighbors that live along the
rear property line and they are very pleased with the applicant and his
operation. The days and hours of
operation were conditions required by the owner of the property at the time of
the last hearing. She stated that
there were discrepancies in the minutes of that hearing, and she wrote to Mr.
White and to the Board of Adjustment in September 1998, asking that the intent
be corrected before approval. She
stated the concern about the condition of homes along Admiral is that they be
new or in very good condition, not just habitable. Ms. Craten stated skirting on the rear
property line is not necessary because they cannot be seen from Admiral. She added that the neighborhood
association did not require security lights, but if they did install them, that
lights would not offend the neighborhood tolerance level. Ms. Craten mentioned that neighbors have
seen banner signs on the sides of trailers, and per City code signage is only
allowed on Admiral Place. She
stated that they agree the maximum number of homes was eighteen for the south
property line not the total for the lot.
The neighborhood wants that requirement to remain the same.
Comments
and Questions:
Mr. White
commented on the discussion in 1998, there was concern about the school bus on
117th E. Ave. going to the school, and asked if that had been a
problem. Ms. Craten replied that it
has not been a problem because he does not have an entrance
there.
Mr. White
added for a point of clarification, if there were eighteen doublewides spaced
ten feet apart, it would occupy 127 more than available property. Mr. White stated that the 10 separation
requirement would remain the same.
Board
Action:
On
MOTION
of Turnbo,
the Board voted 4-0-0 (White, Dunham, Turnbo, Perkins "aye"; no "nays"; no
"abstentions"; Cooper "absent") to Clarify
and
Amend
the following conditions: that trailers visible along Admiral frontage have
skirting; that security lights be optional, and if installed must be hooded and
directed down away from the neighborhood; a minimum of 10 separation for up to
eighteen homes on the rear property line; to allow change of the hours of
operation to be 9:00 a.m. to 7:00 p.m., Monday through Saturday, and 12:00 p.m.
to 7:00 p.m. on Sundays; and all other previous conditions remain intact.
The E 150 of the N
150, and the S 200 of Lot 2, Block1, Western Village Mart, City of Tulsa,
Tulsa County, State of Oklahoma
*.*.*.*.*.*.*.*.*.*.
Case
No.18695
Action
Requested:
Variance
of required front yard from 35 to 24-8.
SECTION 403. BULK AND AREA
REQUIREMENTS IN THE RESIDENTIAL DISTRICTS Use Unit 6; and a Variance of
required rear yard from 25 to 14 to permit an addition to an existing
dwelling. SECTION 403. BULK AND AREA REQUIREMENTS IN THE
RESIDENTIAL DISTRICTS, located at 2769 E. 28th St.
Presentation:
Alan
Madewell,
architect, 5314 S. Yale, stated he is representing his client, James
Adelman. He stated that the
property is an odd-shaped lot that is made up of several lot splits over a
series of years. He described the
1950s three-bedroom home, one living room, and 1½ baths. The client proposes to add to the house
for more bedroom space. Mr.
Madewell stated that on the east is a private drive that is shared by three
additional homes, one house to the east and two houses to the north, which all
abut the subject property. The
front yards of the houses to the north abut the rear boundary of the subject
property. He added that there are
three garages abut the back of this house, and three driveways. The house directly to the north has a
garage and driveway directly behind the north property line. Mr. Madewell stated that the house on
the subject property is sitting further back than the house next door. The house to the west is approximately
16 5 from the front property line, with an enclosed room and porch on that
line. He made a proposal to remove
an old enclosed porch, and add an open porch on the front of the house, 24 8
from the property line. He pointed
out that to the front is a tennis club straight across the street. Therefore, the applicant chooses to
build at the back of the house to buffer the noise of tennis courts and
street.
Interested
Parties/Protestants:
None.
Board
Action:
On
MOTION
of Dunham,
the Board voted 4-0-0 (White, Dunham, Turnbo, Perkins "aye"; no "nays"; no
"abstentions"; Cooper "absent") to APPROVE
a Variance
of required front yard from 35 to 24-8; and a Variance
of required rear yard from 25 to 14 to permit an addition to an existing
dwelling, per plan submitted, finding the hardship to be the configuration of
the lot, on the property described as follows:
A tract of land
containing 0.3730 acres that is part of Lot 2, Block 1, Thomas Heights Addition,
and part of Lots 3 and 4, Block 5, Woody-Crest Subdivision, City of Tulsa, Tulsa
County, State of Oklahoma, said tract of the land being described as follows,
to-wit: Beg. At a point on the Sly line of Lot 2, Block 1, Thomas Heights
Addition, said point being 90.00 Wly of the SE/c thereof; thence Nly and
parallel to the Ely line of Lot 2 for 126.96 thence Wly and parallel to the Sly
line of Lot 2 for 82.55 thence SWly along a deflection angle to the left of
63Ί2158 for 32; thence SWly along a deflection angle to the right of
38Ί2158 for 32.00; thence Wly along an extension of the Nly line of Lot 2 for
20.00; thence Sly and parallel to the Wly line of Lot 2 for a true distance of
85.03, said true distance being previously and erroneously described in various
instruments as 82.30 to a point, said point being on an extension of the Sly
line of Lot 2, said point also being on the Nly right-of-way line of E.
28th St. S., thence Ely along an extension of and along the Sly line
of Lot 2, and along said Nly right-of-way line for 142.74 to the POB of said
tract of land, and all appurtenances thereto and in any street, alley, or public
way, before or after vacation
*.*.*.*.*.*.*.*.*.*.
Case
No. 18696
Action
Requested:
Special
Exception to permit an existing duplex dwelling in an RS-3 district. SECTION 401. PRINCIPAL USES PERMITTED IN RESIDENTIAL
DISTRICTS Use Unit 7; a Variance of setback from 33rd West Avenue
from the required 70 to 57.
SECTION 403. BULK AND AREA
REQUIREMENTS IN THE RESIDENTIAL DISTRICTS; and a Variance of required setback
from West 42nd Street from the required 50 to 39 to permit an
existing dwelling. SECTION
403. BULK AND AREA REQUIREMENTS IN
THE RESIDENTIAL DISTRICTS, located on the NW/c W. 42nd St. & S.
33rd W. Ave.
Presentation:
David
Momper,
principal broker of Remax Executive Realtors, 7615 E 63rd Pl.,
represented the seller of the property, Ralph Gable, Jr. Mr. Momper stated that the Mr. Gable is
quite elderly, and incapacitated in a nursing home. Mr. Gable needs to sell the property to
pay for his health care. The
property is a duplex and has been occupied by Mr. Gable and a tenant on the
other side for thirty years. He
stated that in December 1999 he verified the use and zoning of this property
with INCOG. He stated that he was
informed that it was RS-3, but with a Special Exception on the microfilm file
that a duplex was allowed. He
stated that he proceeded to sell the property, and the week of the closing, the
lender did a final gap check to verify the zoning and the use of the
property. The lender was told by
INCOG that the property was RS-3 and that it did not have a variance. Mr. Momper then contacted INCOG and
found out that there was a variance for a garage, not a duplex. He requests relief in order to sell and
comply with the insurance company.
Protestants:
None.
Board
Action:
On
MOTION
of Dunham,
the Board voted 4-0-0 (White, Dunham, Turnbo, Perkins "aye"; no "nays"; no
"abstentions"; Cooper "absent") to APPROVE
a Special
Exception to permit an existing duplex dwelling in an RS-3
district; a Variance of setback from 33rd West Avenue
from the required 70 to 57; and a Variance of required setback
from West 42nd Street from the required 50 to 39 to permit an
existing dwelling, for existing structures only, finding the hardship to be the
existing condition of many years, for the following described property:
Lots 9 - 12,
Block 18, Yargee Addition, City of Tulsa, Tulsa County, State
Oklahoma
*.*.*.*.*.*.*.*.*.*.
Case
No. 18697
Action
Requested:
Special
Exception to permit temporary outdoor festival related to Tulsa Talons arena
football on April 8, 24, 29; May 13, 27; June 3, 17; July 8 and two unspecified
two dates in August.
Presentation:
Joe
Boone,
with the Tulsa Talons, 6413 S. Mingo, Ste. 200, stated they would like to use
the corner property on ballgame nights, as a place for people to meet. He stated that their plan is to have
live music, radio remotes, and activities for children. American Parking would manage the
parking for these events and they have assured Mr. Boone that there are 2,625
available parking spaces.
Comments
and Questions:
Mr. White
asked Mr. Boone if the hours are 4:30 p.m. to 7:00 p.m. or 3:30 p.m. to 7:30
p.m. as in the letter. Mr. Boone
replied that
3:30 is a set-up time, but American Parking has given them the parking spaces as
of 7:00 a.m. the day of, to 7:00 a.m. the following morning.
Interested
Parties/Protestants:
None.
Board
Action:
On
MOTION
of Turnbo,
the Board voted 4-0-0 (White, Dunham, Turnbo, Perkins "aye"; no "nays"; no
"abstentions"; Cooper "absent") to APPROVE
a Special
Exception
to permit temporary outdoor festival related to Tulsa Talons arena football on
April 8, 24, 29; May 13, 27; June 3, 17; July 8 and two unspecified two dates in
August on the following described property:
Lots 1-6, Block
126, Original Townsite, City of Tulsa, Tulsa County, State of Oklahoma
*.*.*.*.*.*.*.*.*.*.
Case
No. 18698
Action
Requested:
Special Exception to reduce the required setback from an abutting R
district from 209 to 26.5 to permit a 190 monopole communications tower. SECTION 1204.C.3.b.2 and 1204.C.4.a. USE
UNIT 4. PUBLIC PROTECTION AND
UTILITY FACILITIES, Use Conditions Use Unit 4, located at 6218 S. Lewis
Presentation:
John
Moody,
7146 S. Canton, stated he represented the Hemphill Corporation, and Dr. Craig
Johnson. He informed the Board that
Mr. Johnson is the owner and the Hemphill Corporation is the lessee. Mr. Moody described the tower as a 190
monopole structure.
Interested
Parties/Protestants:
None.
Board
Action:
On
MOTION
of Dunham,
the Board voted 4-0-0 (White, Dunham, Turnbo, Perkins "aye"; no "nays"; no
"abstentions"; Cooper "absent") to APPROVE
a Special
Exception
to reduce the required setback from an abutting R district from 209 to 26.5 to
permit a 190 monopole communications tower, per plan submitted, on the
following described property:
*.*.*.*.*.*.*.*.*.*.
Case No. 18699
Action
Requested:
Special Exception to permit specified uses within Use Units 15 and 17 in CS zoning district, subject to appropriate conditions. SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL DISTRICTS and SECTION 1608. SPECIAL EXCEPTION Use Unit 15 and 17; a Variance from minimum street frontage requirements, to permit street frontage of 15 to permit lot-split. SECTION 703. BULK AND AREA REQUIREMENTS IN THE COMMERCIAL DISTRICTS; and a Variance from minimum sign setback. SECTION 704.D.3. SPECIAL EXCEPTION USES IN COMMERCIAL DISTRICTS, REQUIREMENTS and SECTION 1221.C.1.a. USE UNIT 21. BUSINESS SIGNS AND OUTDOOR ADVERTISING, General Use Conditions for Business Signs, located at 1220 S. Memorial Dr.
Presentation:
Stephen A. Schuller, 500 OneOk Plaza, representing Ken and Teresa Sutton,
owners of the subject property, described the property as irregularly shaped
parcel, as an inverted L with a narrow street frontage along Memorial and larger
area of land available for development at the rear of the property. He stated that by the plat, access is
limited to a single access point, 40 in width, 10 from the south end of the
Memorial Drive frontage. There is
no other street access to the property.
Comments
and Questions:
Mr.
Dunham asked if the surface area of the signs would be changed to 165 square
feet. Mr. Schuller stated that he
discussed this with Mr. Beach, and it is 165 square feet per side.
Board
Action:
By
MOTION of Dunham, the Board voted 4-0-0 (White, Dunham, Turnbo, Perkins "aye"; no
"nays"; no "abstentions"; Cooper "absent") to APPROVE a Special Exception to
permit specified uses within Use Units 15 and 17 in CS zoning district, subject
to appropriate conditions; a Variance from minimum street frontage
requirements, to permit street frontage of 15 to permit lot-split; and a
Variance from minimum sign setback, per plan, with the conditions
as outlined in the application, and with one exception on items six and seven
that the total aggregate display area of the signs not exceed 165 square feet,
on the property described as follows:
Lot 1, Block 1,
Torn Terrace Addition, City of Tulsa, Tulsa County, State of
Oklahoma
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Special Exception to permit a mini-storage in an RM-2 district. SECTION 401. PRINCIPAL USES PERMITTED IN
RESIDENTIAL DISTRICTS Use Unit 16; a Variance of requirement for a
mini-storage development site to have frontage on an arterial street. SECTION 404.I.8 SPECIAL EXCEPTION USES IN RESIDENTIAL
DISTRICTS, REQUIREMENTS; a Variance to allow outdoor vehicle storage on the
perimeter of the lot. SECTION
404.I.7. SPECIAL EXCEPTION USES IN
RESIDENTIAL DISTRICTS, REQUIREMENTS; a Variance of the required setback from a
non-arterial street from 35 to 30.
SECTION 404.I.2 SPECIAL EXCEPTION USES IN RESIDENTIAL DISTRICTS,
REQUIREMENTS; and a Variance of the required setback from the north boundary
from 10 to 0. SECTION 404.I.2
SPECIAL EXCEPTION USES IN RESIDENTIAL DISTRICTS, REQUIREMENTS, and located West
of E. 48th St. & Peoria.
Presentation:
The
applicant, Kevin Coutant, 320 S. Boston, Ste. 500, stated that the
subject property is zoned RM-2, as approved by the City Council two days
ago. Mr. Coutant described the
zoning and businesses in the area of the subject property. He stated that Phase One of the project
has been instructed and is operating well.
He described the access for the entire project, which is through a
panhandle. He pointed out that this
application is an expansion opportunity for this project. Mr. Coutant listed the requests, with
mention of the compatible use unit 16, need for access to an arterial street for
the mini-storage, and vehicle storage in the alternative to constructing the
easterly building, and setback allowance
Comments and Questions:
Mr.
White asked Mr. Coutant about the additional condition offered in the
application for the screening fence or masonry wall along the lot line(s) in
common with the R district. Mr.
Coutant replied that the apartment wall would be effective as screening on the
west. Mr. Stump asked if the
applicant would build a screening fence on the south, since it is in common with
an R district. Mr. Coutant
responded affirmatively and stated it could be clarified on condition five if
necessary. Mr. Dunham asked staff
if there is any merit to making this project tied to the project to the
north. Mr. Stump replied that there
could be merit to a tie-agreement.
Mr. White asked the applicant if a tie-contract would be a problem. Mr. Coutant replied that both projects
are on ground leases, so a deed tie-agreement probably would not work.
Board
Action:
On
MOTION of Dunham, the Board voted 4-0-0 (White, Dunham, Turnbo, Perkins "aye"; no
"nays"; no "abstentions"; Cooper "absent") to APPROVE a Special Exception to
permit a mini-storage in an RM-2 district; a Variance of
requirement for a mini-storage development site to have frontage on an arterial
street; a Variance to allow outdoor vehicle storage on the
perimeter of the lot; a Variance of the required setback from a
non-arterial street from 35 to 30; and a Variance of the
required setback from the north boundary from 10 to 0, with the additional conditions submitted by
the applicant be part of the approval, including: 1) maximum building height,
12, accessory office 35, 2) minimum boundary setback, 5, 3) floor area ratio,
not to exceed 5, 4) vehicle storage permitted in lieu of building in easterly
50 of property, 5) screening fence or masonry wall along lot line(s) in common
with R district, to include screening along the south property line, 6) access
to arterial street via access easement across Brookside Center Addition to
north, and 7) accessory office building may be located within site, on the
following described property:
Lot 5, Evergreen Addition to the City of Tulsa, Tulsa County, State of Oklahoma
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Case No. 18701
Action
Requested:
Variance of required parking of 46 spaces down to 37 spaces. SECTION 1205.C. USE UNIT 5. COMMUNITY SERVICES AND SIMILAR USES
Use Unit 5, located at 1206 S. Guthrie.
Presentation:
Jim
Graber, 2415 E. Skelly Drive, came representing Holy Trinity Greek Orthodox
Church. He stated the church has
been in existence for about sixty years and in that location since the
1970s. He informed the Board that
the church wants to add some offices and a parish hall, reducing the existing
parking lot, and no changes in sanctuary seating. He stated that the church worked out a
lease agreement with the City of Tulsa for the use of a parking lot behind Fire
Station #4, for overflow parking and space to set up the tent used for the
annual Greek Festival. Mr. Graber
stated that they request the variance of the ten spaces.
Comments
and Questions:
Mr.
Prather asked the applicant for the term of the lease agreement. Mr. Graber stated the lease is for ten
years. Mr. Graber stated that the
three neighbors whose property abuts to the subject property on the west were
here but had to leave and gave him permission to speak for them that they are in
favor of this application. Ms.
Turnbo stated that the church is a great asset to the neighborhood. Mr. Stump commented that on this portion
of Guthrie would not impact anyone by on-street parking.
Board
Action:
On
MOTION of Turnbo, the Board voted 4-0-0 (White, Dunham, Turnbo, Perkins "aye"; no
"nays"; no "abstentions"; Cooper "absent") to APPROVE a Variance of required
parking of 46 spaces down to 37 spaces, finding that it would not be injurious
to the neighborhood, on the following described property:
Lots 5 - 7, Block 2 and Lots 1 4, and 6, Block 3, Childers Heights Addition; and Lots 1 - 3, Block 14, Lindsey Third Addition, City of Tulsa, Tulsa County, State of Oklahoma, located in Section 11 T-19-N, R-12-E of the IBM
*.*.*.*.*.*.*.*.*.*.
Case No. 18705
Action
Requested:
Minor
Variance of 5 side yard requirement down to 4 to enlarge upon an existing,
non-conforming residence. SECTION
403. BULK AND AREA REQUIREMENTS IN
THE RESIDENTIAL DISTRICTS and SECTION 1405.A. STRUCTURAL NONCONFORMITIES Use Unit 6,
located at 3008 S. Boston Pl.
Presentation:
The
applicant, Chris Blair, 3008 S. Boston Pl., stated he is the owner of the
property. He stated his desire to
add onto the house.
Board
Action:
On
MOTION of Dunham, the Board voted 4-0-0 (White, Dunham, Turnbo, Perkins "aye"; no
"nays"; no "abstentions"; Cooper "absent") to APPROVE a Minor Variance of 5 side
yard requirement down to 4 to enlarge upon an existing, non-conforming
residence, per plan submitted, finding that it would not be injurious to the
neighborhood, on the following described property:
The S 40.00 of Lot 2; the N 32.00 Lot 3, Block 11, Travis Park Addition, City of Tulsa, Tulsa County, State of Oklahoma
There being no further
business, the meeting was adjourned at: 4:34 p.m.
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Chair