CITY BOARD OF ADJUSTMENT
Tuesday, June 22, 1999, 1:00 p.m.
Francis F. Campbell City Council Room
Plaza Level of City Hall
Tulsa Civic Center
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MEMBERS PRESENT |
MEMBERS ABSENT |
STAFF PRESENT |
OTHERS PRESENT |
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Cooper |
Turnbo |
Arnold |
Jackere, Legal |
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Dunham,
V. Chair |
White,
Chair |
Beach |
Ackermann,
Zoning |
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Perkins |
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Stump |
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The notice and agenda of said meeting was posted in the Office of the City Clerk on Friday, June 21, 1999, at 8:48 p.m., as well as in the Reception Area of the INCOG offices.
After declaring a quorum present, Vice Chair, Dunham called the meeting to order at 1:10 p.m.
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MINUTES:
On MOTION
of COOPER, the Board voted 3-0-0
(Cooper, Dunham, Perkins, "aye"; no "nays", no "abstentions”;
Turnbo, White "absent") to APPROVE
the Minutes of May 25 1999 (No. 773).
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Action Requested:
Variance of 30’ frontage requirement
down to 25’. SECTION 206. STREET FRONTAGE
REQUIRED, located 2741 North Yukon.
Presentation:
The applicant, Julius Puma, submitted a site plan (Exhibit A-1) and stated that
the property is about five acres and they would like to build a house on
it. The way the land is situated, the
only access to the property is from North Yukon, which is only 25’ wide. The house will face west and the homeowners
to the west will also use the North Yukon frontage.
Interested
Parties:
Anna Lewis, 2739 North Xenophon, Tulsa, OK 74127, stated that she lives behind the subject property. Ms. Lewis is concerned about whether the road will be private or public.
Mr. Dunham explained to Ms. Lewis that the public road would continue to be public until it meets the subject property and then it will turn into a private road.
Ms. Lewis stated that she does not have a problem with the application.
Board
Action:
On MOTION of PERKINS, the Board voted 3-0-0 (Cooper,
Dunham, Perkins, "aye"; no "nays", no "abstentions”;
Turnbo, White "absent") to APPROVE
Variance of 30’ frontage requirement down to 25’, finding the hardship to be
the size of the lot. SECTION 206. STREET FRONTAGE REQUIRED on the following described property:
A tract of land in the S/2 of Section 22, T-20-N, R-12-E,
Osage County, Oklahoma, more particularly described as follows: starting at the SW/c of the SE/4 of the SW/4
of said Section 22; thence N 00°26’35” E along the Wly line of said SW/4 and
along the Wly line of Block 9 and part of Block 10, Gilcrease Hills Village IV,
an addition to the City of Tulsa, Osage County, Oklahoma, a distance of 655.10’
to a point of curvature; thence, along a curve to the right with a radius of
655.27’ and a central angle of 00-52-06, said line being a continuation of the
Wly line of said Block 9 and Part of Block 10, Gilcrease Hills Village IV, a
distance of 9.93’; thence S 89°33’25” E along the Nly line of said Block 9 and
part of Block 10, Gilcrease Hills Village IV, a distance of 25.0’ to the point
of beginning; thence, continuing S 89°33’25” E along the Nly line of said Block
9 and part of Block 10, Gilcrease Hills Village IV, a distance of 475.0’;
thence, due north a distance of 460.0’; thence due W a distance of 475.0’;
thence, S a distance of approximately 460.0’ to the point of beginning of said tract
of land.
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Action
Requested:
Special Exception for use of land in
RS-2 for a public park including the following development: roadways, parking, sidewalks, shelters,
restrooms, playgrounds, picnic tables, benches, ornamental horticultural
displays, Tulsa Garden Center, visitor center, gift shop, arboretum, green
houses, pole barn, storage bins and maintenance employees offices. SECTION
402. PRINCIPAL USES PERMITTED IN
RESIDENTIAL DISTRICTS – Use Unit 2, located East 21st Street
& Peoria.
Presentation:
The applicant, Randy C. Nicholson, City of Tulsa, Parks Department, submitted a
site plan (Exhibit B-1 and B-2) and text outlining the development (Exhibit
B-3) and stated that this property is the location of Woodward Park. As of today, the Parks Department is still
trying to work on some issues with the neighbors. Therefore, he would like to amend his application to strike all of
the proposed improvements listed in the request with the exception of the item
referred to as the gift shop. Mr.
Nicholson explained that the current site and facilities would stay unchanged
with the exception of a gift shop that would be constructed in the current
garage, which is immediately behind the Garden Center structure. The gift shop currently exists on the upper
level of the Garden Center and it is their desire to move the shop to the
garage to allow changes to the Garden Center building.
Comments
and Questions:
Mr. Dunham asked what the size of the gift
shop will be? Mr. Nicholson explained
that the double car garage is a somewhat larger than the existing gift
shop.
Mr. Dunham asked if the parking would change? Mr. Nicholson replied that parking on site would not change.
Mr. Cooper asked the applicant why he is
dividing up the application? Mr.
Nicholson explained that they have a window of opportunity with regard to
utilization of the garage space for the winter and the Christmas season. They have not been able to develop final
plans regarding long range traffic and access to the property. They are looking at changing the traffic
patterns within the park. Mr. Nicholson
explained to the Board that they would like to go ahead with the plans for the
gift shop so it will be operational for the holiday season.
Mr. Beach asked Mr. Nicholson if he is
asking the Board to approve the park use and the gift shop only and continue
the balance the of the application until some time in the future? Mr. Nicholson replied that it may be better
to refile the application. Mr.
Nicholson stated that they would need at least another three to four
months.
Mr. Nicholson mentioned that the Tulsa
Garden Center has a lease with the Tulsa Historical Society for their
utilization of their parking area. That
is one of the concerns of the neighborhood.
The Tulsa Historical Society will be coming before the Board soon with
their plans for the restoration of their building.
Mr. Dunham asked Mr. Nicholson if the
neighborhood was aware of the action he is asking the Board to take today on
the gift shop? Bonnie Hammond, Executive Director of the Garden Center, 2435 South
Peoria, stated that there were some neighborhood residents present at the
meeting but all parties to the application went outside and explained what the
Tulsa Garden Center was trying to do.
They have had a subsequent meeting with the neighbors, put together a
task force and the point of concern is the traffic through the existing parking
lot. Ms. Hammond explained that they
are in the process of addressing that right now, but it will take some
time. The reason that the Tulsa Garden
Center would like approval now for the gift shop is it is a non-profit
organization and they had originally thought the gift shop would be up and
running by the holiday season. Ms.
Hammond stated that there is no controversy about the gift shop.
Interested
Parties:
None.
Board Action:
On MOTION of COOPER, the Board voted 3-0-0 (Cooper,
Dunham, Perkins, "aye"; Cooper "nays", no
"abstentions”; Turnbo, White "absent") to APPROVE Special Exception for use of land in
RS-2 for a public park and gift shop only, finding that the special exception
will be in harmony with the spirit and intent of the Code, and will not be
injurious to the neighborhood or otherwise detrimental to the public welfare,
and STRIKE the balance of the
application which has been withdrawn by the applicant, on the following
described property:
BEG at the NW/c Lot 2 thence S 246’ E 330’ N 23’ E 121’ SE
on curve 43.98’ E 145.8’ S 109.5’ E 63.6’ S 109.5’ E 526.35’ N 470’ W 1218.36’
to POB Section 18, T-19-N R-13-E.
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Action
Requested:
Special Exception to permit a church in an IL zoned
district. SECTION 901. PRINCIPAL USES PERMITTED IN INDUSTRIAL DISTRICTS
– Use Unit 5, a Variance to permit
required parking on lot other than lot on which church is located. SECTION 1205. USE UNIT 5. COMMUNITY
SERVICES AND SIMILAR USES OR IN
THE ALTERNATIVE a Variance of the required number of parking spaces. SECTION 1301. GENERAL REQUIREMENTS, located SW/c & SE/c South 91st
East Avenue & Broken Arrow Expressway.
Presentation:
The
applicant, John W. Moody, 7146 South
Canton, submitted a site plan (Exhibit C-1) and stated that he is representing
Guts Church. Mr. Moody stated that the
church has been very successful over the past few years and needs to
expand. Mr. Moody explained that the
church has many programs designed for the youth that require a lot of
additional space. The proposed site
appealed to the church because the location of the building near the expressway
makes it easy for everyone to get to the church. The building is located within an IL zoned area and a majority of
the businesses do not operate in the evening hours, as the church does. Mr. Moody explained to the Board that a
portion of the existing tract where the church is located has been condemned by
the City of Tulsa for the Mingo Creek Flood Project Detention Facility thus,
reducing the number of parking spaces on the property. The owner of the church property also owns
the property across the street which is leased by Name Brand Clothing, who uses
it as a distribution center. There is
plenty of room on the adjacent property for non simultaneous uses to
accommodate the parking needs of the church.
The distribution center activities occur during daytime hours and the
church’s primary activities are during the evenings and on weekends. Mr. Moody stated that the total required
parking spaces are 400. The church will
be able to provide 153 spaces on-site and 265 spaces on the west site for a
total of 418 parking spaces. It is not
unusual for church parking to be located across the street from the
sanctuary. Mr. Moody mentioned that the
hardship is the condemnation of a portion of the property by the City of Tulsa
which affected the number of parking spaces that could be placed on the
property.
Interested Parties:
Stephen A. Schuller, stated that he represents the Trustees of the Alexander Memorial Fund. His clients are the owners of the property on the west side of 91st East Ave. Mr. Schuller mentioned to the Board that his clients do not have an objection to the application and does not object to the church using the property for parking.
Comments and Questions:
Mr. Stump asked the applicant how long the lease is for? Mr. Schuller replied that the lease will expire April 20, 2000.
Mr. Dunham stated that he has no problem with the application as long as the church has the lease for the additional parking.
Board
Action:
On MOTION
of COOPER, the Board voted 3-0-0
(Cooper, Dunham, Perkins, "aye"; no "nays", no
"abstentions”; Turnbo, White "absent") to APPROVE Special Exception to permit a church
in an IL zoned district, finding that the special exception 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. SECTION 901. PRINCIPAL USES PERMITTED IN INDUSTRIAL DISTRICTS – Use Unit 5,
and a Variance to permit required parking on lot other than lot on
which church is located. SECTION
1205. USE UNIT 5. COMMUNITY SERVICES AND SIMILAR USES, ,
finding that it meets the requirements of Section 1607.C., and provided that
the church has the right to use the lot across the street to the west; solely
for church use and for the parking on the lot to the west provide no less than
250 parking spaces for the church’s use, on the following described property:
Lot 1, and the N 100’ of Lot 2, Block 1, and Lots 1 and 2,
Block 2, less a portion condemned for a detention facility, all in Alexander
Trust Amended Addition, City of Tulsa, Tulsa County, State of Oklahoma.
Action
Requested:
Variance of structure setback from Denver from the required
50’ to 35’ to permit replacement of an existing sign. SECTION 1221.C.6. USE UNIT 21.
BUSINESS SIGNS AND OUTDOOR ADVERTISING, General Use Conditions for
Business Signs – Use Unit 11, located 1605 South Denver.
Comments
and Questions:
Mr. Beach mentioned to the Board that after review it was determined that there is no relief needed. The case should be stricken from the Agenda.
Board
Action:
None taken.
Action
Requested:
Variance
of maximum allowable floor area for a detached accessory building from 983 SF
(40% of principle dwelling) to 1,364 SF. SECTION
402.B.1.d. ACCESSORY USES IN RESIDENTIAL DISTRICTS, Accessory Use Conditions,
located 1940 West 82nd Street South.
Presentation:
The applicant, Kimberley M. Hendrix, 1940 West 82nd Street South,
submitted a site plan (Exhibit E-1) and stated that they currently have an RV
garage that has about 600 square feet.
They would like to construct a three car garage as a hobby garage. The building is typical for the area. Their lot is over an acre in size and can
adequately handle a detached building of this size.
Interested Parties:
None.
Comments
and Questions:
Mr. Dunham asked the applicant if there
would be any commercial activity taking place within the building? Ms. Hendrix replied no, they build street
rods for fun, as a hobby.
Board Action:
On MOTION of COOPER, the Board voted 3-0-0 (Cooper,
Dunham, Perkins, "aye"; no "nays", no "abstentions”;
Turnbo, White "absent") to APPROVE
Variance
of maximum allowable floor area for a detached accessory building from 983 SF
(40% of principle dwelling) to 1,364 SF. SECTION
402.B.1.d. ACCESSORY USES IN RESIDENTIAL DISTRICTS, Accessory Use Conditions,
subject to there being no commercial activities on the property; finding the
hardship to be the size of the lot; on the following described property:
W 165.23’ of N 260.2’ of Lot 13, Ross Homesite Subdivision,
Tulsa County, State of Oklahoma
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Action
Requested:
Variance of the 40’ setback requirement for a sign down to
32’ to allow a structure in the planned right-of-way. SECTION 215. STRUCTURE SETBACK FROM ABUTTING STREETS – Use
Unit 11, located 1307 South Boulder Avenue.
Presentation:
The applicant, Richard H. Craig, submitted a site plan (Exhibit F-1), a sign plan
(Exhibit F-2) and stated that to place a small 2’ x 5’ sign on the
property.
Comments
and Questions:
Mr. Dunham asked the applicant if he had
any problem with a removal contract and he replied that he did not.
Board
Action:
On MOTION
of PERKINS, the Board voted 3-0-0
(Cooper, Dunham, Perkins, "aye"; no
"nays", no "abstentions”; Turnbo, White
"absent") to APPROVE Variance of the 40’
setback requirement for a sign down to 32’ to allow a structure in the planned
right-of-way. SECTION 215. STRUCTURE SETBACK
FROM ABUTTING STREETS – Use Unit 11, subject to a removal contract; finding the hardship to be the 60’
right-of-way; on the following described property:
Lots 7, 8, 9, 10, 11 and 12, less the part of Lot 12,
beginning at the NW/c, thence S 10’, thence NE 12.24’, thence W 7’ to the point
of beginning, all in Block 5, Horner Addition Amended, to the City of Tulsa,
Tulsa County, State of Oklahoma.
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Action
Requested:
Variance to allow gravel parking. SECTION 1303.D. DESIGN
STANDARDS FOR OFF-STREET PARKING AREAS – Use Unit 11; a Variance to waive
the landscape requirements. SECTION
1002. LANDSCAPE REQUIREMENTS; a
Variance to waive the screening requirement from an R District to the north. SECTION 1220.C. USE UNIT 20. COMMERCIAL
RECREATION: INTENSIVE; a Variance of the setback from the centerline of 95th
E. Ave. from 50’ to 0’. SECTION
903. BULK AND AREA REQUIREMENTS IN THE
INDUSTRIAL DISTRICTS, located 9502 East Mohawk Boulevard.
Presentation:
The applicant, George M. Brower, 9502 East Mohawk Boulevard, submitted a site plan
(Exhibit G-1) and stated that the purchase of this property was for the intent
to operate a motorcross (Motorcycle) track.
The Tulsa area currently does not have a motorcross racetrack. Mr. Brower mentioned to the Board that he is
not sure if Tulsa can support a track like this and at this time would like to
be allowed to put in gravel parking. If
the track is not profitable for him, he will not have a lot of money tied up in
paving. Mr. Brower submitted photos of
the property (Exhibit G-2) showing all the existing trees and landscaping. It is their intent to keep all of the trees
and keep the appearance of a park. Mr.
Brower withdrew the variance to waive the screening requirement. Mr. Brower explained that the reason for the
variance of the setback from the centerline is because he has no structures on
the property. There is temporary
fencing, temporary seating and a temporary scoring tower.
Interested
Parties:
Harold
Charney, stated that he represents Marie Ford, 5524 North 97th
East Avenue. Mr. Charney mentioned that
Ms. Ford lives across the street from the track. They are worried about the dust and gravel from the race
track. Mr. Charney believes that the
track will be a nuisance to the neighborhood.
Mr. Charney asked the Board to deny the application.
Roy
McCombs, 9615 East 55th Place North, stated that he lives
directly across the street from the race track. Mr. McCombs explained to the Board that there is a great deal of
noise and dust created by this track.
Mr. McCombs submitted photos of the track and the surrounding area
(Exhibit G-3).
Mr. Dunham asked Mr. McCombs if he
understood that this use is a use by right in the IM District? Mr. McCombs replied that he understands that
it is but he would like for Mr. Brower to follow the Zoning Code and put a
paved road in and put up a screening fence.
Mr. McCombs explained that Mr. Brower has been using this track without
having the proper permits.
Delana
Jungens, 9316 East Mohawk Boulevard, submitted photos (Exhibit G-3) and
played a tape of the noise from the race track for the Board. Ms. Jungens is opposed to the race track.
Ms. Perkins explained to Ms. Jungens
that Mr. Brower can have the track on the property, by right the only thing
under discussion is the landscaping and the setback.
Applicant’s
Rebuttal:
Mr. Brower, stated
that he was not operating on the property in October. The track was not opened for public use until April 1, 1999. He was approached by a zoning officer,
advising him to apply for a zoning clearance permit. Mr. Brower explained that he locks the track to prevent people
from coming onto the property after hours and using track. He purposefully shuts the track down at 8:00
p.m. to allow the neighbors peace in the evenings. Mr. Brower informed the Board that his hours of operation are
Monday through Thursday, 4:00 p.m. to 8:00 p.m.; Saturday, 9:00 a.m. to 6:00
p.m. The track is closed on Friday and
Sunday. Mr. Brower stated that if he
required to put in paved parking, he would like a time allowance of about a
year to put the parking in.
Comments and
Questions:
Mr. Cooper asked Staff, if the Board
allows Mr. Brower to build parking, how much parking must he build since there
is no floor area? Mr. Stump replied
that it has to do with the amount of spectator area. Mr. Ackermann mentioned that Code says that parking would be
provided at 1 per 4 seats, if spectator seating is provided. However, for all other uses it is 1 per 800
square feet of site. Mr. Brower stated
that he is going to provide seating for 100 people. Mr. Dunham asked Mr. Ackermann if he would calculate the parking
by the land area requirement or the seating requirement? Mr. Ackermann replied that if spectator
seating is provided, then they would use the seating requirement. Mr. Beach mentioned that more than likely
there will be many people in a pit area or at various points on the track
watching the races. Mr. Ackermann
stated that it might be better to use the 1 per 800 square feet of site
area.
Mr. Dunham asked the applicant if he
intends to build 95th East Avenue, the road is platted, but it is
not built or existing. Mr. Brower
replied that if the Board does not support the application, he may have to
develop the area in the future and construct the road.
Mr. Dunham stated that he believes that
there will be enough dust created by the actual track and he is opposed to a
permanent variance on the gravel. He
could approve the variance with a maximum of six month time limit. Mr. Dunham stated that because of the amount
of trees on the property he can support the landscaping variance. Mr. Cooper agreed with Mr. Dunham.
Mr. Dunham stated that the entire area
is zoned either IM or IL and some of the uses that would be allowed under that
zoning would be a lot more objectionable than the race track.
Mr. Cooper feels that there is no
hardship for the variance to allow gravel parking and it would be injurious to
the neighborhood.
Board
Action:
On MOTION
of COOPER, the Board voted 3-0-0 (Cooper,
Dunham, Perkins, "aye"; no "nays", no "abstentions”;
Turnbo, White "absent") to
DENY
a Variance to allow gravel parking. SECTION 1303.D. DESIGN STANDARDS FOR OFF-STREET PARKING AREAS – Use Unit 11
and a Variance of the setback from the centerline of 95th
E. Ave. from 50’ to 0’. SECTION
903. BULK AND AREA REQUIREMENTS IN THE
INDUSTRIAL DISTRICTS, APPROVE
a Variance
to waive the landscape requirements, finding the hardship to be that there is a
significant number of trees on the property and provided that the applicant
does not remove any of the existing trees and landscaping, the hours of
operation on the property shall be Monday through Thursday, 4:00 p.m. to 8:00
p.m.; Saturday from 9:00 a.m. to 6:00 p.m. and be closed on Friday and Sunday. SECTION 1002. LANDSCAPE REQUIREMENTS; to WITHDRAW a Variance to waive the screening
requirement from an R District to the north. SECTION 1220.C. USE UNIT 20. COMMERCIAL RECREATION: INTENSIVE; on
the following described property:
Lot 1, Block 2, and Lot 1, Block 3, Carmac Industrial Park
Second, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception to permit auto sales in a CS District. SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL DISTRICTS – Use Unit 17; and a Variance to permit open air storage or
display of merchandise offered for sale within 300’ of an R District. SECTION 1217.C.2. USE UNIT 17. AUTOMOTIVE AND ALLIED ACTIVITIES, Use
Conditions, located 2201 South Garnett.
Presentation:
The applicant, Joseph A. McCormick, 601 Park Tower, 5314 South Yale, Tulsa, OK,
submitted a site plan (Exhibit H-1) and stated that he represents the owner of
the property. The purpose of the
application is to allow the sale of used cars. Mr. McCormick does not believe that the neighborhood will be
harmed by this use.
Interested
Parties:
John Roy, 9018 East 38th Street, East Tulsa Mingo Valley
Association, stated that this association covers Council Districts 5 and
6. Mr. Roy stated that they wish to
oppose this application because they feel it is inappropriate to put a car lot
in this location. Mr. Roy submitted a
petition of opposition (Exhibit H-2) to the application. Mr. Roy submitted some suggestions that the
Board might take into consideration if they vote to approve the
application. Those suggestions
include: (1) no chain link fences
around the property; (2) any perimeter barrier around the property not be any
higher than 3’; (3) no banners, streamers, advertising attached or hung from
poles, light poles, buildings or canopies; (4) not to allow parking on adjacent
properties; (5) only light mechanical be performed inside a building and not on
an open lot.
Matt Martin, 200 Civic Center, Tulsa, OK, stated that he is representing
Councilor Art Justis, District 6. Mr.
Martin mentioned that the neighborhood has been in contact with Councilor
Justis about this application. Mr.
Martin relayed Councilor Justis’ urge for denial of the application.
Bernard
Sussman, 2228 Garnett, stated
that he owns the Plaza Del Ray office building which is on the same side of the
street as the proposed car lot. Mr.
Sussman mentioned that he has owned the building since 1993 and has made
several improvements to the building in that time. Mr. Sussman does not believe that this car lot would be an asset
to the area.
Applicant’s
Rebuttal:
Mr. McCormick stated to the Board that this car lot will not
cause injury to the neighborhood or other businesses in the area. Mr. McCormick agreed to the conditions
suggested by Mr. Roy.
Comments
and Questions:
Mr. Dunham asked Staff if there is a restriction on the
number of cars that can be placed on a 20,000 square foot lot? Mr. Stump replied negatively.
Mr. Cooper is concerned about the neighborhood because there
are not any car dealerships in this immediate area. Mr. Dunham responded that he does not see that it is a
problem. By looking at the aerial photo
and the case map, where could a person put another one? You can’t go south because of the zoning, to
the north is a shopping center and to the west is another series of shopping
centers.
Board
Action:
On MOTION
of PERKINS the Board voted 3-0-0
(Cooper, Dunham, Perkins, "aye"; no "nays", no
"abstentions”; Turnbo, White "absent") to APPROVE
Special
Exception to permit auto sales in a CS District, finding that the
special exception 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. SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL
DISTRICTS – Use Unit 17; and a Variance
to permit open air storage or display of merchandise offered for sale within
300’ of an R District, subject to the open air sale being of cars only; finding
the hardship to be that that R District is blocked from the commercial use. SECTION 1217.C.2. USE UNIT 17. AUTOMOTIVE AND ALLIED ACTIVITIES, Use
Conditions, subject to the following conditions: (1) no chain link; (2) the fence is not to exceed 4’ in height;
(3) there shall be no banners, streamers or balloons; (4) can have the
appropriate sign footage; (5) no parking on adjacent property; (6) no
mechanical work done at all on the property; (7) the hours of operation will be
Monday through Saturday, 9:00 a.m. to 9:00 p.m.; (8) light poles must be
constructed to shine inward and downward; on the following described property:
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Action
Requested:
Variance of minimum 750 SF of accessory building to 2,722 SF
to add a pool cabana and garage. SECTION
402.B.1.d. ACCESSORY USES IN RESIDENTIAL DISTRICTS, Accessory Use Conditions –
Use Unit 6 and a Variance to permit the accessory buildings to cover more than
20% of the required rear yard up to 27%. SECTION
210.B.5. YARDS, Permitted Obstructions in Required Yards, located 2423 East
37th Street.
Presentation:
The applicant, David F. James, 2423 East 37th Street was present and
explained his site plan (Exhibit I-1)
to the Board.
Interested
Parties:
None.
Board
Action:
On MOTION
of PERKINS, the Board voted 3-0-0
(Cooper, Dunham, Perkins, "aye"; no "nays", no
"abstentions”; Turnbo, White "absent") to APPROVE
Variance
of minimum 750 SF of accessory building to 2,722 SF to add a pool cabana and
garage. SECTION 402.B.1.d. ACCESSORY
USES IN RESIDENTIAL DISTRICTS, Accessory Use Conditions – Use Unit 6 and a Variance
to permit the accessory buildings to cover more than 20% of the required rear
yard up to 27%. SECTION 210.B.5. YARDS,
Permitted Obstructions in Required Yards, finding the hardship to be the
unusual shape of the lot and the large rear yard, on the following described
property:
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Action
Requested:
Special Exception to allow a mini-storage in a RM-1 zoned
district. SECTION 401. PRINCIPAL USES PERMITTED IN RESIDENTIAL
DISTRICTS – Use Unit 16; a Variance
from the requirement that mini-storage developments shall have frontage on and
access to an arterial street. SECTION
404.I.8. SPECIAL EXCEPTION USES IN
RESIDENTIAL DISTRICTS, REQUIREMENTS; a Variance from the required setback
from a freeway service road from 50’ to 24’. SECTION 404.I.2. SPECIAL
EXCEPTION USES IN RESIDENTIAL DISTRICTS, REQUIREMENTS, located West of NW/c
I-244 & North Memorial.
Presentation:
The applicant, David B. Dooley, 1833 North 15th Street, Broken Arrow, OK, submitted a site plan (Exhibit J-1) and stated that they originally applied to change the zoning of the property from RS-1 to CG. After discussion with Staff and the Planning Commission, because the change was not in conformance with the Comprehensive Plan, they were given two options: (1) submit a PUD or (2) RM-1 and apply to the Board of Adjustment for relief. Mr. Dooley mentioned that they did apply for rezoning to RM-1 and it was unanimously approved by both the Planning Commission and City Council. This piece of property borders the old Admiral Twin Drive-in. The south portion of the property borders I-244. Mr. Dooley mentioned that even though the property is zoned RM-1 he does not think it will ever be developed as apartments because the property lies directly in the flight path of Tulsa International Airport.
Comments and Questions:
Ms. Perkins asked Mr. Dooley if he would be willing to move his building 1’ closer to the rear to avoid the variance of the setback? Mr. Dooley stated that he could do that.
Mr. Dunham stated to the applicant that he would also need screening along the west property line. Mr. Dooley mentioned that their site plan shows a 6’ privacy fence along that property line. Mr. Dunham mentioned that the fence needs to be 8’ tall and Mr. Dooley said that he would comply with that request.
Interested
Parties:
None.
Board
Action:
On MOTION of COOPER, the Board voted 3-0-0 (Cooper,
Dunham, Perkins, "aye"; no "nays", no "abstentions”;
Turnbo, White "absent") to
APPROVE Special Exception to
allow a mini-storage in a RM-1 zoned district, finding that the special
exception 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. SECTION 401. PRINCIPAL USES
PERMITTED IN RESIDENTIAL DISTRICTS – Use Unit 16; a Variance from the requirement that mini-storage developments
shall have frontage on and access to an arterial street, finding the hardship
to be the service road frontage meets the intent of the Code. SECTION 404.I.8. SPECIAL EXCEPTION USES IN RESIDENTIAL DISTRICTS, REQUIREMENTS;
DENY a Variance from the
required setback from a freeway service road from 50’ to 24’. SECTION 404.I.2. SPECIAL EXCEPTION USES IN RESIDENTIAL DISTRICTS, REQUIREMENTS,
on the following described property:
W 176.75’ of Lots 14-15, less the S 25’ Bloomfield Heights,
City of Tulsa, Tulsa County, State of Oklahoma
Action
Requested:
Special Exception to permit church and related uses in RS-2
and RS-3 Districts. SECTION 401. PRINCIPAL USES PERMITTED IN RESIDENTIAL DISTRICTS – Use Unit 5;
Variance of Section 404.F.2. Minimum
lot size. SECTION 404. SPECIAL EXCEPTION USES IN RESIDENTIAL
DISTRICTS, REQUIREMENTS; a Variance of Section 404.F.3. Minimum frontage. SECTION 404. SPECIAL EXCEPTION USES IN RESIDENTIAL DISTRICTS, REQUIREMENTS;
Variance of Section 404.F.4. Minimum
25’ setback from abutting properties within an R District. SECTION 404. SPECIAL EXCEPTION
USES IN RESIDENTIAL DISTRICTS, REQUIREMENTS; Variance of Section
1205.B.1.a. 1 acre lot area and 100’ lot width requirements. SECTION 1205.B. USE UNIT 5. COMMUNITY SERVICES AND SIMILAR USES,
Included Uses; Variance of Section 1205.B.1.b. to permit parking in the
front yard. SECTION 1205.B. USE UNIT
5. COMMUNITY SERVICES AND SIMILAR USES,
Included Uses, located S & E of 55th St. S. & S. Harvard
Ave.
Presentation:
The applicant, Jim Satrum, 5511 South Harvard Avenue, submitted a site plan
(Exhibit K-1) and stated that he is representing Woodland Acres Baptist
Church. The church property is bounded
by South Harvard Avenue, East 55th Street South and an R
District. Mr. Satrum mentioned that the
church acquired the four duplexes directly south of the church a year and a
half ago. The other two duplexes, which
abut East 56th Place South, are rented. There have been discussions between the present owners and the
church about the church possible purchasing them in the future. The application today is related to the four
duplexes which the church owns. The
church intends to use the four duplexes for church uses, specifically on Sunday
mornings and Sunday evening for Bible study.
They also intend to use them for Bible study throughout the week. Mr. Satrum mentioned that the property would
be accessed through the church property and not the street leading into the
duplexes. South Harvard Court is a
private street and the church will gate their portion of the street so cars
cannot be permitted to enter the church property through the street.
Comments and Questions:
Mr. Dunham asked if there would be any
other types of activities taking place on the property? Mr. Satrum replied no. The duplexes would mostly be utilized as
adult Bible study.
Mr. Dunham asked the applicant if the
church would have any problem with tying the properties to the remainder of the
church property? Mr. Satrum replied
that they would submit a tie agreement.
Board
Action:
On MOTION of COOPER, the Board voted 3-0-0 (Cooper, Dunham, Perkins, "aye"; no "nays", no "abstentions”; Turnbo, White "absent") to APPROVE Special Exception to permit church and related uses in RS-2 and RS-3 Districts, finding that the special exception 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. SECTION 401. PRINCIPAL USES PERMITTED IN RESIDENTIAL DISTRICTS – Use Unit 5; Variance of Section 404.F.2. Minimum lot size. SECTION 404. SPECIAL EXCEPTION USES IN RESIDENTIAL DISTRICTS, REQUIREMENTS; a Variance of Section 404.F.3. Minimum frontage. SECTION 404. SPECIAL EXCEPTION USES IN RESIDENTIAL DISTRICTS, REQUIREMENTS; Variance of Section 404.F.4. Minimum 25’ setback from abutting properties within an R District. SECTION 404. SPECIAL EXCEPTION USES IN RESIDENTIAL DISTRICTS, REQUIREMENTS; Variance of Section 1205.B.1.a. 1 acre lot area and 100’ lot width requirements. SECTION 1205.B. USE UNIT 5. COMMUNITY SERVICES AND SIMILAR USES, Included Uses; Variance of Section 1205.B.1.b. to permit parking in the front yard. SECTION 1205.B. USE UNIT 5. COMMUNITY SERVICES AND SIMILAR USES, Included Uses, , finding that the variances meet the requirements of Section 1607.C.subject to the applicant filing a tie agreement, on the following described property:
Lots 1, 2, 5 and 6, Block 1, Amended Plat South Harvard Court, an addition to the City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Approval of an amended site plan to add a new activity center. SECTION 401. PRINCIPAL USES PERMITTED IN RESIDENTIAL DISTRICTS. Use Unit 5, located 25 South Atlanta.
Presentation:
The applicant, Stephen J. Olsen, submitted a site plan (Exhibit L-1) and stated
that he represents St. Francis Xavier Catholic Church.
Interested
Parties:
None.
Board
Action:
On MOTION of PERKINS, the Board voted 3-0-0 (Cooper, Dunham, Perkins, "aye"; no "nays", no "abstentions”; Turnbo, White "absent") to APPROVE an Approval of an amended site plan to add a new activity center. SECTION 401. PRINCIPAL USES PERMITTED IN RESIDENTIAL DISTRICTS. Use Unit 5, per plan submitted, on the following described property:
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Action
Requested:
Variance of 40’ height limitation on a ground sign to permit a sign 67’ in height. SECTION 1221.D. USE UNIT 21. BUSINESS SIGNS AND OUTDOOR ADVERTISING, CS District Use Conditions for Business Signs – Use Unit 12, located 3130 South Memorial.
Presentation:
The applicant, John W. Moody, 7146 South Canton, submitted two site plans (Exhibits M-1 and M-2) and stated that he represents the International House of Pancakes. They have under construction a restaurant located at 3130 South Memorial. The application before the Board is to permit a 67’ high sign on the far northwest corner of the subject property. Their property abuts the Cracker Barrel restaurant property. In 1996, the Board of Adjustment granted a variance for the Cracker Barrel restaurant for a sign 80’ in height at that location. Mr. Moody pointed out that the expressway is at an elevation which is 27˝’ higher than ground elevation. In order for a sign to be seen from the expressway, the minimum height they could reduce the sign would be 67’ in height. Mr. Moody stated that he contacted the Fulton Neighborhood Association and they had a meeting to discuss the particulars of the application. Mr. Moody pointed out that there are two ground signs shown on the site plan. One of the signs is a 25’ high sign located on the northeast corner of the property on Memorial Drive. Mr. Moody stated that the Tulsa Zoning Code permits his client, if the variance is not granted, to build a 40’ high sign on the Memorial frontage by locating it as show on the site plan given to the Board. That sign could be 23’10” wide x 11’5” tall. That option was presented to the Homeowners Association and they did not want a sign that large.
Interested
Parties:
John Roy, 9118 East 38th Street, stated that he is representing the Fulton Neighborhood Association which supports this application. The neighborhoods only concern is that the two trees on the west side of the property not be removed or cut down.
Comments
and Questions:
Mr. Cooper asked Mr. Moody to state his
hardship in the case. Mr. Moody explained
that the hardship is the fact that the lot is small because of the way it was
divided up. It did not leave them any
frontage on the expressway. The main
hardship is the topography of the lot.
If the sign was built at the height allowed by the Tulsa Zoning Code it
would not be seen from the expressway.
Mr. Moody stated that he could not agree to a condition regarding the
trees because he is not sure who exactly owns the trees since they are not sure
which property they are on.
Ms. Perkins feels that due to the
elevation difference between the property and the expressway, they are going to
need a sign that is 67’ tall.
Board
Action:
On MOTION
of COOPER, the Board voted 3-0-0
(Cooper, Dunham, Perkins, "aye"; no "nays", no
"abstentions”; Turnbo, White "absent") to APPROVE
Variance
of 40’ height limitation on a ground sign to permit a sign 67’ in height. SECTION 1221.D. USE UNIT 21. BUSINESS SIGNS AND OUTDOOR ADVERTISING, CS
District Use Conditions for Business Signs – Use Unit 12, per plan
submitted—Option A on page 14-6 in the Board of Adjustment meeting packets,
finding the hardship to be the difference in elevations, on the following
described property:
A part of Lot 1 and Lot 3 in Interchange Center, an addition
to City of Tulsa, Tulsa County, State of Oklahoma, and being more particularly
described as follows: Commencing at the
NE/c of said Lot 1, thence S 00°01’30” E along the E line of said Lot 1, a
distance of 166.88’ to the point of beginning; thence continuing S 00°01’30” E,
along the E line of said Lots 1 and 3, a distance of 191.00’; thence N
89°56’45” W, a distance of 210.00’; thence N 00°01’30” W and parallel with the
E line of said Lots 1 and 3, a distance of 60.21’; thence N 89°56’29” W, a
distance of 10.00’; thence N 00°01’30” W and parallel with the E line of said
Lots 1 and 3, a distance of 60.00’; thence S 89°56’29” E, a distance of 10.00’;
thence N 00°01’30” W and parallel with the E line of said Lots 1 and 3, a
distance of 70.79’; thence S 89°56’59” E, a distance of 210.00’ to the point of
beginning.
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Action
Requested:
Variance of setback from an R District from the required 75’
to 25’ to permit a warehouse in an IM District. SECTION 1223.C. USE UNIT 23.
WAREHOUSING AND WHOLESALING, Use Conditions – Use Unit 23 and a
Special Exception to remove the requirement for screening from an abutting R
District which is vacant land on the west property line. SECTION 903. BULK AND AREA
REQUIREMENTS IN THE INDUSTRIAL DISTRICTS, located East 37th
Street & Elwood.
Presentation:
The applicant, Russell Smith, was not present.
The Board decided to continue the case to July 13, 1999.
Interested
Parties:
None.
On MOTION of COOPER, the Board voted 3-0-0 (Cooper, Dunham,
Perkins, "aye"; no "nays", no "abstentions”; Turnbo,
White "absent") to CONTINUE Case No. 18445 to the
meeting of July 13, 1999.
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Action
Requested:
Special Exception to allow a motel in an IL zoned district. SECTION 901. PRINCIPAL USES PERMITTED IN INDUSTRIAL DISTRICTS – Use Unit 19, located W of SW/c E. 51st St. & S. Broken Arrow Expressway.
Presentation:
The applicant, Danny Mitchell, 4111 South Darlington, Suite 140, Tulsa, OK,
submitted a site plan (Exhibit O-1) and stated that the Board had previously
approved a special exception to allow a motel in this location. That request was never acted on and has
reached its time limit and expired.
There is a restaurant and motel adjacent to this property. The property is located at the intersection
of 51st and the Broken Arrow Expressway.
Interested
Parties:
None.
Board
Action:
On MOTION
of COOPER, the Board voted 3-0-0
(Cooper, Dunham, Perkins, "aye"; no "nays", no
"abstentions”; Turnbo, White "absent") to APPROVE
Special
Exception to allow a motel in an IL zoned district, finding that the
special exception 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. SECTION 901. PRINCIPAL USES
PERMITTED IN INDUSTRIAL DISTRICTS – Use Unit 19, per plan submitted
excluding the area labeled “future expansion”, on the following described
property:
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Action
Requested:
Variance from the required maximum floor area ratio, from
.50 to 1.85 for existing multiple-story medical office building. SECTION 603. BULK AND AREA REQUIREMENTS IN THE OFFICE DISTRICTS – Use Unit 11;
Variance from the requirement that required parking spaces be located on the
lot containing the use. SECTION
1301.D. GENERAL REQUIREMENTS;
Variance from the required setback of parking spaces from the centerline of
abutting street. SECTION 1302. SETBACKS; Removal of a condition imposed in Case No. 8173 on February 7,
1974, that subject property may not be sold on individual basis, separate from
adjacent hospital property; Special
Exception to remove the requirement that the use be screened from the abutting
R District. SECTION 1211.C. USE UNIT
11. OFFICES, STUDIOS, AND SUPPORT
SERVICES, Use Conditions, located 2325 South Harvard Avenue.
Presentation:
The applicant, Stephen A. Schuller, 500 Oneok Plaza, 100 West 5th
Street, Tulsa, OK, 74103, submitted a site plan (Exhibit P-1) and stated that
he represents Hillcrest Healthcare System.
This is for the Doctor’s Medical Arts Building at 25th and
Harvard.
Comments
and Questions:
Mr. Dunham asked Mr. Schuller if there
will be any physical changes to the building?
Mr. Schuller replied that nothing will change. They are just selling off a particular portion of the building in
a sale/lease back transaction.
Mr. Schuller mentioned that they are asking for a variance to allow parking spaces to be located on another lot. This particular tract of land will not have all of the requisite parking spaces for this building. The parking is along the south and west sides of the building. There is also a parking lot north of the building along Harvard Avenue as well as a large parking lot along the east. These parking lots are shared by visitors of both the Medical Arts building and the Hospital. Mr. Schuller explained that they will have both a reciprocal parking and easement agreement with the hospital property.
Interested
Parties:
None.
Board
Action:
On MOTION of COPER, the Board voted 3-0-0 (Cooper,
Dunham, Perkins, "aye"; no "nays", no "abstentions”;
Turnbo, White "absent") to APPROVE
Variance
from the required maximum floor area ratio, from .50 to 1.85 for existing multiple-story
medical office building. SECTION
603. BULK AND AREA REQUIREMENTS IN THE
OFFICE DISTRICTS – Use Unit 11; Variance from the requirement that
required parking spaces be located on the lot containing the use subject to
there being a reciprocal agreement permitting parking on the lot that currently
contains the parking. SECTION
1301.D. GENERAL REQUIREMENTS; Variance
from the required setback of parking spaces from the centerline of abutting
street. SECTION 1302. SETBACKS; Removal of a condition imposed in Case No. 8173 on February 7,
1974, that subject property may not be sold on individual basis, separate from
adjacent hospital property; Special
Exception to remove the requirement that the use be screened from the
abutting R District, finding that the special exception 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. SECTION 1211.C. USE UNIT 11. OFFICES, STUDIOS, AND SUPPORT SERVICES, Use
Conditions, finding the hardship on the variances to be that the nature of
the use of the property will remain the same, on the following described
property:
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Action
Requested:
Special Exception for automobile sales in a CS zoned
district. SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL
DISTRICTS – Use Unit 17 and a Variance to allow open air storage/display of
vehicles within 300’ of an R zoned district. SECTION 1217.C.2. USE UNIT 17.
AUTOMOTIVE AND ALLIED ACTIVITIES, Use Conditions, located 3205 South
Garnett.
Presentation:
The applicant, Scott Andrews, was represented by Jason Smith, 1425 East 71st Street, submitted a site plan
(Exhibit Q-1) and stated that his client would like to put a car lot on the
property.
Comments
and Questions:
Mr. Cooper asked the applicant what his hardship is for the variance? Mr. Smith replied that the property is obsolete for what the original intent was, which is a convenience store.
Interested
Parties:
Jim Parker, 11406 East 32nd Place, stated that Mr. Andrews
is not the owner of the property nor does he lease the property. He has made the application on the basis of
a proposed possible business. Mr.
Parker mentioned that there is a Mazzio’s Pizza adjacent to this property and
they use the neighborhood as a fast and easy way to get to their
deliveries. He is afraid that people
test driving the cars will drive through the neighborhood at fast speeds. Mr. Parker feels that the car lot would be
an additional hazard for the neighborhood to deal with. Mr. Parker submitted a petition of
opposition (Exhibit Q-2) signed by every lot owner in the neighborhood. Mr. Parker mentioned to the Board that they
do not have a problem with customary commercial uses in the area but they feel
that the car lot could be a detriment to the neighborhood.
Kent
VanFaussen, stated that he and
his partners own the office building that is to the east of the proposed car
lot. Mr. VanFaussen mentioned that
drainage would greatly be affected by the paving of the proposed car lot. Mr. VanFaussen asked the Board to deny this
application.
Nancy Craten, 245 South 120th East Avenue, Tulsa, OK, stated that
she represents the East Tulsa Mingo Valley Association. Ms. Craten mentioned that this application
was discussed at an Association meeting and the Association is opposed to the
application. Ms. Craten informed the
Board that her father, Joe Craten, owns the property directly east of the
subject parcel. Ms. Craten submitted
photos of the area and of the traffic flow (Exhibit Q-4). There is a City park to the south of the
proposed car lot that will be affected by all the cars speeding down the streets. Ms. Craten impressed upon the Board how
important it is to the neighborhood for the Board to deny this
application.
Matt Martin, stated that he is appearing on behalf of Councilor Art
Justis. Mr. Martin mentioned to the
Board that Councilor Justis is concerned about setting a precedent in this area
by adding this car lot. Mr. Martin
indicated that Councilor Justis is opposed to this application.
Applicant’s Rebuttal:
Mr. Smith mentioned that Mr. Andrews, the owner of the
property, lives in Houston, Texas and has purchased four pieces of property in
the Tulsa area and is going to use them for investments. One of his investments is a Texaco StarLube
at the intersection of 31st and Garnett. Mr. Smith mentioned to the Board that a 24-hour convenience store
could be put in at this location by right and would cause more detriment to the
neighborhood than a car lot that is not open 24 hours a day. This car lot is a small time operation and
will not utilize loud speakers. Mr.
Smith mentioned that they would not be opposed to lighting restrictions.
Comments
and Questions:
Mr. Cooper stated that he does not see a hardship in this
case. There is no separation between
the residential area.
Mr. Stump mentioned that this use is far less demanding on
the neighborhood than a convenience store, but they have had a number of
complaints in the 15th Street and 11th Street areas that
a lot of test driving of cars with rapid acceleration occurs. This neighborhood seems to be in the right
location for that type of driving through the neighborhood.
Mr. Dunham stated that the neighborhood needs to realize
that this is a commercially zoned area and will be utilized in that
manner.
Board
Action:
On MOTION of COOPER, the Board voted 3-0-0 (Cooper, Dunham, Perkins, "aye"; no "nays", no "abstentions”; Turnbo, White "absent") to DENY Special Exception for automobile sales in a CS zoned district. SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL DISTRICTS – Use Unit 17 and a Variance to allow open air storage/display of vehicles within 300’ of an R zoned district. SECTION 1217.C.2. USE UNIT 17. AUTOMOTIVE AND ALLIED ACTIVITIES, Use Conditions, on the following described property:
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Election of Officers:
The Board decided to
continue the election of officers to the meeting of July 13, 1999, since there were only three members present
to vote.
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There being no further business, the
meeting was adjourned at 4:10 p.m.
Date
approved: _____________________________
_________________________________________