CITY BOARD OF ADJUSTMENT
Tuesday, November 23, 1999, 1:00 p.m.
Francis F. Campbell
City Council Room
Plaza Level of City
Hall
Tulsa Civic Center
|
MEMBERS
PRESENT |
MEMBERS
ABSENT |
STAFF
PRESENT |
OTHERS
PRESENT |
|
Dunham, V. Chair |
Perkins |
Beach |
Jackere, Legal |
|
Cooper Turnbo |
|
Butler Huntsinger |
Ackermann, Zoning Parnell, NBH Insp. |
|
White, Chair |
|
Stump |
|
The notice and agenda of said meeting was posted in the Office of the City Clerk on Monday, November 22, 1999, at 8:38 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 1:00 p.m.
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MINUTES:
On MOTION of Dunham, the Board voted 3-0-1 (Dunham, Turnbo, White
"aye"; no "nays"; Cooper " abstention"; Perkins
"absent") to APPROVE
the Minutes of October 26, 1999 (No. 783).
Action Requested:
Special Exception for lawn mower sales
and repair in a CS District. SECTION
701. PRINCIPAL USES PERMITTED IN
COMMERCIAL DISTRICTS - Use Unit 15, Variance of 300' setback for outdoor sales
from abutting R district to 0'. SECTION
1214. USE UNIT 14. SHOPPING GOODS AND SERVICES, Special
Exception to waive the screening requirement between a CS District and an R
District. SECTION 212.C.1. SCREENING WALL OR FENCE, Modification of the
Screening Wall or Fence Requirement located at 8760 South Lewis Avenue
Presentation:
Mr. Beach informed the Board that the
applicant has requested a continuance.
Board
Action:
On
MOTION of Dunham, the Board voted 4-0-0 (Dunham, Turnbo, White, Cooper
"aye"; no "nays"; no "abstentions"; Perkins,
"absent") to CONTINUE
to the meeting of January 11, 2000.
All
that part of Southern Villa Mobile Park Amended, an addition in Tulsa County,
Oklahoma, more particularly described as:
Beginning at a point in the Ely boundary of said Southern Villa Mobile Park
Amended, 659.71' from the NE/c thereof; thence S 25°45'43" E along the Ely
boundary of said Southern Villa Mobile Park Amended (centerline S. Lewis Ave.)
a distance of 314.10' to an existing corner post of the N side of the roadway
leading across a low-water dam into the addition; thence S 64°14'17" W a
distance of 218.0'; thence N 25°45'43" W a distance of 314.1'; thence N
64°14'17" E a distance of 218.0' to the point of beginning, City of Tulsa,
Tulsa County, State of Oklahoma
Action Requested:
Special Exception to permit off-street
parking in a RM-2 district. SECTION
401. PRINCIPAL USES PERMITTED IN
RESIDENTIAL DISTRICTS - Use Unit 10, located Southeast of East 15th
Street & Carson
Variance of required setback from centerline
of Carson from 50' to 35'. SECTION 1302.B.
SETBACKS
Presentation
Mr. Beach informed the Board that the
applicant made a timely request for a
continuance to December 14, 1999.
Board
Action:
On
MOTION of Turnbo, the Board voted 4-0-0 (Dunham, Turnbo, White Cooper
"aye; no "nays"; no "abstentions"; Perkins
"absent") to CONTINUE
to the meeting of December 14, 1999.
The N 20' of Lot 10 & all of Lot
11, Block 2, Stonebraker Heights Addition to the City of Tulsa, Tulsa County,
State of Oklahoma
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UNFINISHED
BUSINESS
Action Requested:
Special exception modifying the
screening requirement to reduce the height of the required screening fence
along the south parking lot from six feet to three feet. SECTION 212.C. SCREENING WALL OR FENCE, Modification of the Screening Wall or
Fence Requirement and SECTION 1213.C.2.
USE UNIT 13. CONVENIENCE GOODS AND SERVICES. Use Conditions - Use Unit 13, located 46th Street
North and Lewis Avenue
Presentation
The applicant, Steven A. Schuller, 500 Oneok Plaza,
100 West 5th Street, attorney for QuickTrip Corporation, building a
convenience store at 46th Street North and North Lewis Avenue. Mr. Schuller mentioned this Board previously
modified the screening requirement along the south side of the property between
the commercial use on the CS zoned property and the residentially-used property
to the south. Mr. Schuller added that the modification was to set the fence
back twenty feet from the property line in order to reduce traffic hazards that
could be caused by the fence being so close to the street. Mr. Schuller stated that the end of the
fence was permitted to line up with the closest parking space along the south
side of the property. Mr. Schuller
stated a row of nine parking spaces are on the south side of the property, and
the fence was set back from the property line to start where the parking spaces
start and continue then eastward to the rear of the property.
Mr. Schuller
explained that the screening fence is six feet high, which allows an
opportunity for a criminal element a safe hiding place behind the fence close
to the cars parked in those parking spaces.
Mr. Schuller mentioned that at almost every other QuickTrip store in
town where there are nearby residential areas, the applicant has always been
permitted to have a lower fence adjacent to the street. Mr. Schuller indicated
that it permits the fence to screen the headlights at night, but is still low
enough to eliminate the opportunity for potential criminals to hide behind the
fence. Mr. Schuller proposed that the
fence along the nine parking spaces be reduced to three feet high and the usual
six-foot screening fence would extend eastward from the last parking space to
the rear of the property. This is in harmony with the spirit and intent of the
zoning code by serving the screening requirements, and preserving the security
of the neighborhood.
Comments and Questions:
Mr. Stump stated that with the
popularity of large SUV's and pickup trucks, a height of three feet is not
going to block very many headlights. A
four-foot fence may block most headlights. Mr. Stump indicated that if the
justification for lowering six-foot fences is to reduce criminal activity, that
would apply to any screening fence in the city. Mr. Cooper suggested that berms would be better than a three-foot
fence. Mr. Cooper stated that a
three-foot fence would not help anyone.
Board
Action:
On
MOTION of Dunham, the Board voted 4-0-0 (Dunham, Turnbo, White Cooper
"aye; no "nays"; no "abstentions"; Perkins
"absent") to Approve
aSpecial
Exception modifying the screening requirement to reduce the height of
the required screening fence along the south parking lot from six feet to three
feet, 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.
The W 250' of the N 300' of the NW/4 of
the NW/4 of the NW/4 of Section 17, T-20-N, R-13-E, City of Tulsa, Tulsa
County, State of Oklahoma
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Action Requested:
Appeal from determination of City of
Tulsa Zoning Official that concrete grass paver blocks do not constitute
"all-weather material", as defined by the provisions of Section 1800
of the Zoning Code; request for interpretation that such material does
constitute "all-weather material" permitted for use in surfacing
off-street parking areas in residentially-zoned districts in the alternative, a
Variance from the requirement that
an unenclosed off-street parking area be surfaced with an all-weather material,
to permit the use of concrete grass paver blocks in a residentially-zoned
district SECTION 1303.D, located at 1907 S. Boston Ave.
Presentation
Mr.
Schuller, attorney for the applicant, Carmine Funding Corporation. Mr. Schuller stated the applicant has
renovated his office by conversion of a residence. This board had previously granted them a special exception to
permit office use in the RM-2 zoned district.
The area is a mixed-use area including office, and residential
uses. The applicant would prefer to use
the concrete paver blocks rather than pave with asphalt.
Comments
and Questions:
Mr. Dunham asked about the number of parking
spaces that will be affected. Mr.
Schuller stated that there are only two parking spaces where they want to use
the parking material. Mr. Cooper asked
what the difference is in this property versus others in the future. Mr. Dunham suggested that since the
structure is a log-cabin-type look in a residential neighborhood, it has more
of a residential look than a parking lot would be. Mr. White asked if there are plans to increase the size or usage
of the property for parking. Mr.
Schuller stated that the two parking spaces is all that are needed.
Board
Action:
On MOTION of TURNBO, the Board voted 3-1-0 (Dunham, Turnbo, White
"aye"; Cooper "nay"; no "abstentions"; Perkins
"absent") to uphold the decision of the Administrative Official that concrete
paver blocks do not constitute "all-weather material" as defined by
the provisions of Section 1800 of the Zoning Code and deny request for
interpretation that such material does constitute "all-weather
material" permitted in residentially-zoned districts; and APPROVE
the Variance
from the requirement that an unenclosed off-street parking area be surfaced
with an all-weather material to permit the use of concrete paver blocks in
surfacing two off-street parking places for an office. Finding the hardship to be the property is
in an RM-zoned district that still has residents living there; and will keep
the flavor of the neighborhood because more concrete would cause substantial
detriment to the public good or impair the purposes, spirit, and intent of the
Code or the Comprehensive Plan.
Lots 23 and 24, Block 2, Boston
Addition, City of Tulsa, Tulsa County, State of Oklahoma
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Action Requested:
Variance of maximum building height in
OL-zoned District from one-story to two-story SECTION 603 BULK AREA
REQUIREMENTS IN THE OFFICE DISTRICTS and a Special Exception to increase FAR
from .30 to .34, SECTION 603 BULK AREA REQUIREMENTS IN THE OFFICE DISTRICTS,
located at 4416 South Harvard.
Presentation
Pat Carr, Guy Thiessen's (applicants) partner, 4713 E. 87th Pl.,
stated that at November 9, 1999 Board meeting, many members of the Board wanted
to see copies of his plans and other materials. He stated that he did provide that material to INCOG, and hoped
that this Board did get a copy. Mr.
Carr stated that the applicants met with the neighbors in the area on more than
one occasion. One of the neighbor's
concerns was stormwater drainage, and potential problems. The applicant contacted a civil engineer regarding means of alleviating the
stormwater issues. Another concern was
privacy. The applicant has agreed to
build an eight-foot fence at the back of the lot, rather than a six-foot
fence. The last concern was lighting
that might come into their property.
The applicant agreed to try to shield the lighting with shrubbery and
keep the lighting down low.
Comments
and Questions:
Mr. White asked if the plans submitted
to the Board reflect all of these changes.
Mr. Carr replied that the plans don't reflect the lighting, but he will
submit a letter to the Board as part of the record. Mr. Carr read the letter to the Board from Ron and April
Wood.
Board
Action:
On
MOTION of DUNHAM the Board voted 4-0-0 (White, Dunham, Turnbo, Cooper
"aye"; no "nays"; no "abstentions"; Perkins
"absent") to Approve the Variance of maximum
building height in OL-zoned District from one-story to two-story and a Special
Exception to increase FAR from .30 to .34. A letter was submitted,
dated November 19, 1999 expressing some concerns regarding drainage, lighting
and a privacy fence. On the condition
that those requirements are met, and a per plan submitted, the Board approved
the Variance
and Special Exception finding a hardship for the variance being the
topography of the lot.
The S 80' of Lot 2 and the N 20' of Lot
3, Block 2, Villa Grove Park, a subdivision in the City of Tulsa, Tulsa County,
State of Oklahoma
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Case No. 18569
Action
Requested:
Special Exception to allow a
mini-storage facility in CS-zoned and RM-1-zoned districts SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL DISTRICTS &
SECTION 401 PRINCIPAL USES PERMITTED
IN RESIDENTIAL DISTRICTS; and a Variance to permit the increase in floor area
from .5 FAR to .75 FAR SECTION 404.F.1,
SPECIAL EXCEPTION USES IN RESIDENTIAL DISTRICTS REQUIREMENTS, located at
1424 East 71st Street
Presentation:
Roy
Johnsen, attorney on behalf of the applicant, The Vertical Group, Inc.,
submitted, a site plan and photos. Mr. Johnsen stated that the property is
zoned CS on the north portion and RM-1 on the south portion. Mr. Johnsen stated that Use Unit 16, which
is self-storage or mini-storage, is permitted in either one or both of those
districts. This property is situated on
the south side of 71st Street, a primary arterial, and approximately
800-900 feet east of Riverside Parkway. The self-storage facility would be a
multistory building with interior hallways, electronic monitoring, and video
for security. Mr. Johnsen explained
that even though the FAR would be higher, the intensity of use is much less
than the ordinance allows. Mr. Johnsen pointed out that the RM-1 requirements
will all be met. Mr. Johnsen stated
that on the access road on the west, a wrought iron fence will be built along
the drive boundary, from the access gate south on the west boundary. He stated that the three story building will
be located on the east of the drive.
Comments
and Questions:
Mr. White asked Mr. Johnsen if there
would be any problem with the screening mentioned in staff comments. Mr. Johnsen replied that there would be no
problem meeting the screening requirements.
Interested
Parties:
Harold
Burlingame, 6670 South Lewis, Suite 200, owner of the property on the west,
spoke his support of the project. He
stated that he had viewed pictures of the proposed screening and building.
Board
Action:
On MOTION
of DUNHAM the Board voted 4-0-0
(White, Dunham, Turnbo, Cooper "aye"; no "nays"; no
"abstentions"; Perkins "absent") to APPROVE a Special Exception to allow a
mini-storage facility in CS-zoned and RM-1- zoned district and Variance
to permit the increase in floor area from .5 FAR to .75 FAR, finding the
hardship to be the intensity of the use in accordance with the ordinance, with
the condition that there be no open-air storage.
Lot 1, less N 290' of W 44.3' less N
35' of E 114.7' thereof, Valley Bend Subdivision in City of Tulsa, Tulsa
County, State of Oklahoma
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Case No. 18587
Action
Requested:
Special Exception to allow college and
university uses (Use Unit 5) in a SR zone district. SECTION 851, PRINCIPAL USES PERMITTED IN THE SCIENTIFIC
RESEARCH DISTRICT. Use Unit 5, located at 4502 East 41st Street.
Presentation:
Mac
Roesser, attorney representing the University of Oklahoma, Tulsa Health
Sciences Center. The application was
filed by the Amoco Production Company, the record owner of the property. The University is the proposed purchaser of
the property. The site plan was
submitted for the sixty-acre tract at 41st and Yale. Excluded from the application is a one-acre
tract to the northeast corner of the property, which is zoned CS. The balance of the property is zoned SR, and
the University is seeking a Special
Exception to allow Use Unit 5, college and university uses, in an SR-zoned
district. Ken Lackey, 1219 East 21st Place, President of the
University of Oklahoma at Tulsa specified to the Board that the facility would
be used for classroom, library, administrative office space, research space,
and headquarters for five colleges of the University of Oklahoma and Tulsa
Health Sciences Center. He emphasized
that there would be no new structures along 41st Street except for
signage at the corner of 41st and Yale, and no new structures
adjacent to the west and south property lines.
Interested
Parties:
Terry
Doverspike, City Council District 7, 200 Civic Center, indicated he
recognizes that 41st and Yale is a developmentally sensitive part of
his district. There has been
substantial reinvestment at the Promanade Mall and across the street at the
former Southroads Mall. Mr. Doverspike
stated that he believes the proposal by O.U. for the use of this site is
compatible with the development, and an excellent buffer between the
residential developments adjacent to this tract and the high intense use of 41st
Street and to the east of 41st
and Yale. Mr. Doverspike informed the
Board that he has contacted the City of Tulsa Public Works Department and the
Mayor's office to increase the priority for redevelopment of the 41st
and Yale intersection to a high priority project, as yet unfunded. This would allow it to be part of the 2001
sales tax extension vote. Mr.
Doverspike reported on behalf of the Mayor's office, that the Mayor supports
this application. He submitted a letter
from the President of the Patrick Henry Neighborhood Association, stating the
unanimous approval by their board of this application.
Wayne
Ferguson, 4161 East 41st Street, submitted a letter expressing
support of the zoning exception to the Amoco facility at 41st and
Yale and signed by Mr. Ferguson and other neighbors of the area.
Toni
Barr, 4353 South Yale Ave., expressed concern that she has not seen the
City of Tulsa's Master Plan to accommodate the traffic in that area. She indicated the streets were inadequate
for 700 to 800 cars per an eight hour day versus the same number of cars there
for Amoco in a twenty-four per day basis.
She expressed concern that O.U. did not present their plans for the Yale
side of the property. She stated that
she would like to have O.U. as a neighbor, but she does not want her house to
go if streets need to be widened.
Jana
Wilson, 4023 South Vandalia, stated she has lived at this address for fourteen
and one-half years, and recently had a third garage door installed due to
flooding in the neighborhood. The City
Public Works/Storm Water Department explained to her that the flooding is due
to inadequate stormwater drainage at 41st and Yale. She described the flow of water that goes
through her garage, causing some cumulative property damage and personal
property loss. Her concern is that if
O.U. decided to make any changes in the facility along 41st Street
that it could exacerbate the flooding problem.
She asked that the Board delay a decision on this item until the
Stormwater Engineering Division has a chance to look into the drainage problem
at that intersection.
Arthur
H. Yeter, 4303 South Sandusky, expressed his concern for any new structures
that may be built.
Applicant's
Rebuttal
Mr. Lackey stated that O.U. has no
current plans for development along Yale and certainly no plans for development
at 41st and Yale, other than perhaps signage. He stated that the campus-like atmosphere is
what appealed to O.U., and they intend
to maintain it. He stated there will be
no student housing for these graduate students. Mr. Lakey stated that they do not contemplate having nearly the
traffic that Amoco had at its height.
The traffic patterns would vary at different intervals of the day. He stated their desire to be good citizens,
part of the neighborhood, and blend in with the community.
Mr. Roesser stated that the standard
for the Special Exception is that it be in harmony with the spirit and intent
of the code, and not injurious to the neighborhood or detrimental to the public
welfare. He believes that the proposed
uses are much less intense than the uses that might eventually result if it was
marketed to a commercial user.
Board
Action:
On MOTION
of DUNHAM the board voted 3-0-1(White, Dunham, Turnbo "aye'; no
"nays"; Cooper "abstention"; Perkins "absent") to
APPROVE the Special
Exception to allow college and university uses (Use Unit 5) in an SR
zoning district per plan submitted, 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.
The NE/4 of the NE/4 and the N/2 of the
SE/4 of the NE/4 both in Section 28, T-19-N, R-13-E, City of Tulsa, Tulsa
County, State of Oklahoma
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Action
Requested:
Variance to allow encroachment into the required 60' setback from
East 46th Street, SECTION 403. BULK & AREA REQUIREMENTS IN THE
RESIDENTIAL DISTRICTS.
Presentation:
Jim Graber, representing the applicant,
Mr. Zinkel, stated that Mr. Zinkel wants to make improvements to his home,
adding a garage and addition off his bedroom.
The problem is the home is positioned
with frontage on both sides of his property. The address shown is incorrect.
It is actually 47th Street and 47th Place. He has sixty-foot setbacks from 47th
Street and 47th Place. The
applicant is requesting the setback to be moved to 40' per plan.
Interested
Parties:
Mary
Ann Sherman, 4714 South Delaware Ave., stated that the back of her house is
adjacent to this property. She
expressed concern that the dimensions are measured from the center of the right-of-way
by the zoning code, resulting in the new addition being within seven feetof her
property line.
Applicant's
Rebuttal
Mr.
Grabel suggested that there may be confusion regarding how close the
addition would be to Ms. Sherman's property.
The addition will meet the city setback requirements.
Board
Action:
On MOTION
of DUNHAM the Board voted 4-0-0
(White, Dunham, Turnbo, Cooper "aye"; no "nays"; no
"abstentions"'; Perkins "absent") to APPROVE the Variance
to allow encroachment into the required 60' setback from East 46th
Street, as requested per plan, finding the hardship to be the fact that the lot
has streets on both the front and back, and there have been a number of similar
encroachments on the same street.
Lot 4, Block 4, Cardinal Crest
Addition, City of Tulsa, Tulsa County, State of Oklahoma
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Special Exception to allow a church and
related church uses in an AG-zoned district.
SECTION 301. PRINCIPAL USES
PERMITTED IN THE AGRICULTURE DISTRICT - Use Unit 5, located at SE/c E. 66th
St. & S. Mingo Rd.
Presentation:
William
B. Jones, 15 East 5th Street, Suite 3800, represented Asbury
United Methodist Church. The church has
exceeded the size of its facility and desires to purchase the new
property. The property will be platted
to address the setback requirements, deal with any drainage problems, parking
and height restrictions. They submit
this request for approval upon the condition that they file a plat.
Comments
and Questions:
Mr. White asked when the city council
would be hearing this item for zoning.
Mr. Jones indicated he believes it will be in a week. Mr. Dunham asked if the applicant has seen notes
from staff suggesting conditional approval of the site plan. Mr. Jones replied that they will submit a
plat and a Master Plan.
Board
Action:
On MOTION
of DUNHAM the Board voted 4-0-0
(White, Dunham, Turnbo, Cooper "aye"; no "nays", no
"abstentions" Perkins "absent") to APPROVE the Special Exception to allow church
and related church uses in an AG 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.
A tract of land that is part of
Government Lot 6 in Section 6, T-18-N, R-14-E, of the IBM, Tulsa County, State
of Oklahoma
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Case No. 18576
Action
Requested:
Variance of the
required 75' setback from an R-zoned district to 50'. SECTION 903. BULK AND AREA REQUIREMENTS IN THE INDUSTRIAL
DISTRICTS - Use Unit 15, and Special Exception of the required screening from
the south property line to provide alternative screening with shrubs and trees, located 9800 East 59th Street
Presentation:
Scott Jaynes, 7912 East 32nd
Court, Suite 200, representing Jack Bloss - Bloss Sales and Rental. The RS zoning does not abut the property
line. This would require the builder to
set the building back another 75' to the back of the property. The applicant would like to build at a 50'
setback from the property line because of the atypical zoning line change.
Board
Action:
On MOTION
of DUNHAM, the Board voted 4-0-0
(White, Dunham, Turnbo, Cooper "aye", no "nays"; no
"abstentions"; Perkins "absent") to APPROVE a Variance of the required 75' setback
from R-zoned district to 50'. SECTION 903.and Special Exception, of the
required screening from the south property line to provide alternative screening
with shrubs and trees, finding the hardship on the variance to be the unusual
zoning pattern.
Lot 1, Block 1, Bloss Addition, an
addition to the City of Tulsa, Tulsa County, State of Oklahoma
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Variance of side yard requirement from
10 feet to 5 feet on north side of property to allow new construction. SECTION 403. BULK AND AREA REQUIREMENTS IN
RESIDENTIAL DISTRICTS
Presentation:
Danny
Sadler, owner of the home, stated that his family has lived there for
approximately six and one-half years.
They plan to build a longer driveway to a detached two-car garage and a
porte-cochere.
Board
Action:
On MOTION
of DUNHAM the Board voted 4-0-0
(White, Dunham, Turnbo, Cooper "aye"; no "nays"; no
"abstentions"; Perkins "absent") to APPROVE the Variance of the sideyard requirement
from 10 feet to 5 feet on north side of property to allow new construction, as
submitted per plan, finding the hardship to be the size of the lots and the
number of variance is consistent with the neighborhood.
Lot 4, Block 3, Louise Addition, City
of Tulsa, Tulsa County, State of Oklahoma
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Amend a required tie contract to
release Lot 10, Block 3, Henry Addition, located S. of SW/c E. Young St. N.,
& N. Owasso Ave. SECTION 401.
PRINCIPLE USES PERMITTED IN THE RESIDENTIAL DISTRICTS.
Presentation:
Richard
Walker, 2235 North Norfolk, pastor of the church on the property in this case
made the presentation. He stated that
Lot 10 was left out when a previous request was made to release Lots 9 and 11
from a tie contract.
Interested
Parties:
Bernice
Alexander, 2124 North Owasso Ave., president of the Neighborhood
Association in the area, expressed concern regarding Rev. Walker (also a City
employee) holding properties and trading them off to the City, thereby denying
potential property owners and developers the opportunity to develop the area.
George
Monroe, 1111 East Young Street,
expressed his concern that the church not build anything too close to
his club building at 1123 East Young Street that would prevent him from
re-opening it.
Mr.
Amley Floyd, 1034 East Young Street, expressed concern over the intentions
of the church for the use of the property and what impact it may have on the
neighborhood.
Comments
and Questions:
Mr. Dunham asked if there was any
reason why this lot was not released when the adjoining property was released,
if there was a site plan, and if releasing this property would put them out of
compliance with parking requirements, etc.
Rev. Walker replied to the Board that Lots 9 and 11 were not the
church's property and they needed to be released from the tie contract. Lot 10 has belonged to Pilgrim Rest Baptist
Church since 1986. This request
involves no expansion to correct the tie agreement. Mr. Beach advised the applicant in April 1999 to hire someone to
research this matter before coming back to the BOA to eliminate the
confusion. Ms. Turnbo asked if cars are
ever parked on Lot 10. Rev. Walker
responded that the only use of the property is for Easter Egg Hunts.
Board
Action:
On MOTION
of DUNHAM the Board voted 4-0-0
(White, Dunham, Turnbo, Cooper "aye"; no "nays"; no
"abstentions"; Perkins "absent") to CONTINUE this application to the 12-14-99 BOA meeting with
the condition that the applicant submit a site plan to staff ahead of time.
Lots 9, 10, 11 and 14 - 18, Block 3,
Henry Addition, City of Tulsa, Tulsa County, State of Oklahoma
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Special Exception to allow Use Unit 25
in a CH-zoned district. SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL
DISTRICTS and a Variance of the required 50' setback from the centerline of a
non-arterial street to 45' SECTION 903.
BULK AND AREA
REQUIREMENTS IN THE INDUSTRIAL DISTRICTS, located at 5162 South 24th
West Ave.
Presentation:
Charlie
Daniels, 8710 South 68th East Ave., stated that the building was
destroyed by a tornado in May 1999, and applicant wants to build on the same
foundation with no expansion.
Board
Action:
On MOTION
of DUNHAM the Board voted 4-0-0
(White, Dunham, Turnbo, Cooper "aye"; no "nays"; no
"abstentions"; Perkins "absent") to APPROVE the Special Exception, to allow Use Unit
25 in a CH-zoned district and a Variance of the required 50' setback
from the centerline of a non-arterial street to 45' on the condition that the new
building will use the existing foundation and not be expanded, finding that it
will not cause substantial detriment to the public good or impair the purposes,
spirit, and intent of the Code, or the Comprehensive Plan.
A tract of land in the NW/4 of the NE/4
of Section 34, T-19-N, R-12-E being more particularly described as follows,
to-wit: Beginning at a point on the W
line of the NW/4 NE/4 on the Sly right-of-way line of US Highway 66 by-pass,
thence E and parallel to the said right-of-way line a distance of 471.05';
thence S 500' thence W 471.05'; thence N 500' to the point of beginning less
the N 200' of the W 173.05' thereof and less the N 8' of the E 63.05' of the W
471.05' thereof, City of Tulsa, Tulsa County, State of Oklahoma
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Special Exception to permit a church in
an RS-3-zoned district. SECTION 401. PRINCIPAL USES PERMITTED IN RESIDENTIAL
DISTRICTS
– Use Unit 5, located at Southwest
corner of 34th Street &
North Delaware
Presentation:
Pastor
James Williams, Ministry of Reconciliation, 3000 South Dogwood Place,
Broken Arrow, expressed his church's desire to purchase property for ministry
to people in north Tulsa, primarily to the youth. The property is located across from a police station, which
offers opportunity to provide services to the police officers of north Tulsa,
and to provide opportunities for at-risk youth that they may come into contact
with. It is across the street from the
Amos T. Hall Recreation Center, which offers further opportunity for the church
to minister to the youth of north Tulsa.
Board
Action:
On MOTION
of COOPER, the Board voted 4-0-0
(White, Dunham, Turnbo, Cooper "aye"; no "nays"; no
"abstentions"; Perkins "absent") to APPROVE a Special Exception to permit a church
in a RS-3-zoned district, finding that it will be in harmony with the spirit
and intent of the Code, and will not be injurious to the neighborhood or
otherwise detrimental to the public welfare.
A tract of land beginning 215' W of the
NE/c of the SW/4 of the NW/4 of the NE/4 of Section 20, T-20-N, R-13-E, Tulsa
County, State of Oklahoma thence SW 120'; thence SW 629.28'; thence W 100';
thence N 660'; thence E 445' to the point of beginning and being located in an
RS-3 zoned district.
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Variance of setback from an abutting
street from 50' to 42' in an RS-3 district to permit an addition to a public
library. SECTION 403. BULK AND AREA REQUIREMENTS, located at 551 East 46th
Street North.
Presentation:
Jim
Healey, 324 East 3rd Street, representing the owner, the Tulsa
City/County Library System. The
property is located on the northwest corner of Garrison and 46th
Street North. The existing arrangement
of the facility has parking on the north and an entrance on the south. Additions are being made to the building and
would work best to move the main entrance to the east side of the
building. Mr. Healey described a
proposed entrance canopy which would extend four feet past the existing setback
Board
Action:
On MOTION
of TURNBO, the Board voted 4-0-0
(White, Dunham, Turnbo, Cooper "aye"; no "nays", no
"abstentions"; Perkins "absent") to APPROVE a Variance of the setback from an
abutting street from 50' to 42' in an RS-3-zoned district per plan submitted
and limited to the addition on the plan submitted. The hardship is safety concerns and location of an existing
building that is too close to accommodate a covered surface.
The N 150' of the S 200' of the W 100'
of the E 125' of the SW/4 of the SE/4 of the SW/4 of Section 12, T-20-N,
R-12-E, City of Tulsa, Tulsa County, State of Oklahoma
*.*.*.*.*.*.*.*.*.*.
Case No. 18582
Action
Requested:
Special Exception modifying
requirements for off-street parking spaces and screening upon change of
nonconformity with respect to parking and screening (associated with change of
use): (1) to permit some of required parking spaces to be located on adjoining
lot other than lot containing use (not only for changed use, but also for other
uses), allowing mutual and reciprocal parking arrangement (by written
agreement) between adjoining property owners, and (2) to waive requirement that
Use Unit 12 uses (when located within zoning district other than R district and
located on lot abutting R district) be screened from abutting R district, so
that no screening fence or wall will be required between adjoining parking lots
(to avoid preventing reciprocal access between them) or within existing parking
lots which are situated on either side of zoning district boundaries. SECTION
1496,C. PARKING, LOADING & SCREENING NON-CONFORMITIES, located at 3737-3749
South Peoria Avenue.
Presentation:
Stephen
A. Schuller, representing the Peoria 3800 Company which owns the property
at 3749 South Peoria with a commercial building and parking lot in the rear,
and on behalf of Trinity United Methodist Church, which owns the property at
3737 South Peoria, with parking lot to the rear of the church. Peoria 3800 Company is renovating and
redeveloping the commercial building on this property, adding some commercial
uses not previously represented in this building. This will necessitate conforming new uses to zoning code parking
requirements. Mr. Schuller stated that
Peoria 3800, and the church need more parking spaces available. The request is not for additional spaces but
to allow parking on each other's lots, pursuant to a written reciprocal
agreement. A zoning district boundary
passes through the parking lots, and so they request a special exception to
waive any screening requirements along lot lines between different uses or
zoning district boundaries. The
existing screening fence will not be affected but will stay in place.
Interested
Parties:
Nancy
Apgar, president of the Brookside Neighborhood Association, stated that
they discussed this with Mr. Schuller and there were no neighbors opposed to
this item.
Comments
and Questions:
Ms. Turnbo asked how many more parking
spaces the commercial property needs. Mr.
Schuller stated that adding the church's parking spaces will exceed the
need. Mr. Stump asked if there was a
special exception granted for parking Use Unit 10 in that RS-3 district in the
past. He stated, that if not, it is a
Use Variance, because the church would have a Use Unit 5. Mr. Stump stated that it is going to used
for a commercial establishment, and that is in the same category as the
principal Use 13 or 14. That activity
is not allowed in a residential district.
Mr. Stump indicated that, even though it may be a good idea, it is
probably going to necessitate rezoning to PK or OL. It is a technicality but the Board has always considered the
parking to be in the same category as the principal use or as parking of
itself, which would be a Use Unit 10.
That is not allowed in a single family-district either.
Board
Action:
On MOTION
of DUNHAM the Board voted 4-0-0
(White, Dunham, Turnbo, Cooper "aye"; no "nays"; no
"abstentions"; Perkins "absent") to APPROVE the Special Exception, modifying
requirements for off-street parking spaces and screening upon change of
non-conformity with respect to parking and screening (associated with change of
use): (1) to permit some of required parking spaces to be located on adjoining
lot other than lot containing use (not only for changed use, but also for other
uses), allowing mutual and reciprocal parking arrangement (by written
agreement) between adjoining property owners, and (2) to waive requirement that
Use Unit 12 uses (when located within zoning district other than R district and
located on lot abutting R district) be screened from abutting R district, so
that no screening fence or wall will be required between adjoining parking lots
(to avoid preventing reciprocal access between them) or within existing parking
lots which are situated on either side of zoning district boundaries. on the
condition that the parking lots are permitted uses of the district zoning, and
there be a reciprocal parking agreement, finding that it will be in harmony
with the spirit and intent of the Code, and will not be injurious to the
neighborhood or otherwise detrimental to the public welfare.
3749: The W 305' of the S 165.57' of Lot 3,
Section 19, T-19-N, R-13-E AND 3737: The W 275' of the N 2½ acres of the S 5
acres of the W 20 acres of Lot 3, Section 19, T-19-N, R-13-E, Tulsa County,
Oklahoma AND Lots 5 and 6, Block 1, Lee Dell Second Addition, all located in
the City of Tulsa, Tulsa County, State of Oklahoma
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Eliminate
a Special Exception condition prohibiting outside storage of vehicles or parts,
which was imposed by the BOA in Case No. 17203 on 10/10/95, located at 10875
East Admiral Place.
Presentation:
Billy
Young, 10875 East Admiral Place, states that he understood since 1995 that
customers vehicles, no outside storage of non-customer vehicles and storage of
parts was limited to what he had from his former location in a CS zoning
district with a Use Unit 17 Variance to operate. Outside storage was limited to a space 60' wide x 100' long,
fenced.
Comments
and Questions:
Mr. White read from the minutes of the
10-10-95 meeting, "Mr. Young stated that outside storage is not proposed
and noted that space for 10 vehicles will be provided inside the building. He informed that the business will be open
from 8:00 a.m. to 6:00 p.m., Monday through Saturday. Mr. Young stated that a privacy fence would be installed and the
property will be cleaned up and properly maintained". The motion at that time was to approve a
special exception to permit auto repair in a CS district, per plan submitted,
subject to days and hours of operation, being Monday through Saturday 8:00 a.m.
to 6:00 p.m., and subject to no outside storage of vehicles or parts. Ms. Parnell stated that she acted on
complaints that she received, the major one that the parking lot has not been
paved, but that is not what is before the Board. There were two vehicles toward the back of the property that were
never moved, a school bus on the property with an awning on it and it was
alleged that someone was staying in the school bus. Ms. Parnell asked the applicant what is stored outside behind the
building. Mr. Young stated they are
items he moved from his old location and has not had time to put it inside. Mr. Cooper asked if the applicant received a
certificate of occupancy for the facility.
Mr. Young replied that he turned the application in for final inspection
and certificate of occupancy.
Interested
Parties:
Dominic
White, P.O. Box 582510, Tulsa, a property owner directly across the street
from Mr. Young's property. He stated
that he was at the previous meeting regarding this item. He explained that the details were very
explicit and Mr. Young agreed to it to get his permit. Mr. Young has not lived up to it and should
not be given an excuse to allow that to happen.
Nancy
Crayton, 245 South 120th East Avenue, representing the Western
Village Neighborhood Association stated they unanimously oppose the elimination
of the special exception condition which, if approved, would allow Mr. Young to
store vehicles and or parts at his auto repair business. Ms. Crayton listed complaints that parking
lot is still not complete, cars are still parked all over the grass and the
dirt surface. including on nights and weekends. The BOA Case No. 17203 states that the hours of operation are to
be 8:00 a.m. to 6:00 p.m., and asked if this has changed.
John
Roy, 9018 East 38th Street, representing the East Tulsa Mingo
Valley Association, stated that Mr. Young has been operating out of his
building without a permit for almost a year now. There is still not a screening fence on the east side for the
RS-3 district and there is still no all-weather surface parking.
Art
Justis, 1302 South 122nd East Avenue, Councilor for District 6,
stated that it appears there has been plenty of time to correct these problems,
and he suspected if Neighborhood Inspections had not checked the property, that
nothing would have been done to this point.
Mr. Justis agrees with the original decision of the Board and he
supports the neighborhoods.
Applicant's
Rebuttal:
Mr. Young stated that, for the most
part, he is not denying anything that has been said, because it is all
true. He stated there are still vehicles
out, and the parking lot is not completed.
Board
Action:
On MOTION
of TURNBO the Board voted 4-0-0
(White, Dunham, Turnbo, Cooper "aye"; no "nays"; no
"abstentions: Perkins "absent") to DENY the motion to eliminate a Special Exception
condition prohibiting outside storage of vehicles or parts, which was imposed
by the BOA in Case No. 17203 on 10/10/95, finding that it would not be in
harmony with the spirit and intent of the Code, and will be injurious to the
neighborhood or otherwise detrimental to the public welfare.
W/2, W/2, E/2, Lot 1, less S 75' for
street, Section 6, T-19-N, R-14-E, City of Tulsa, Tulsa County, State of
Oklahoma
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Variance of 5; side yard requirement to
4' in an RS-3 district, SECTION 403. BULK AND AREA REQUIREMENTS IN THE
RESIDENTIAL DISTRICTS., located at 4619 East 37th Place
Presentation:
Ryan
Cole, 100 West 5th Street, Suite 900, representing Mr. Dixon,
requesting a variance. Mr. Dixon has
lived in this house for sixteen years, and has completed an addition to the
house. The lot is irregularly-shaped,
wider in front than in the back. The
encroachment is limited to the back northeast corner of the house, at a maximum
of six inches.
Interested
Parties:
Allen
Yerton, son of Peggy Yerton, who resides at 4619 East 37th
Street on the east boundary of Mr. Dixon.
Mr. Yerton submitted photographs.
He explained that the exterior frame is not completed and the expansion
to the current encroachment for stone and trim would extend the encroachment
even farther. He added that
construction started in October 1988 without getting a permit and has been
dragged out for eleven years with several irregularities. On November 8, 1991, the applicant was
served by the Building Inspector's office with a stop-work order to obtain a
building permit for the addition. The
issue date was November 22, 1991, and they assessed the $100 penalty for
construction without a permit. At the bottom of the document it states,
"Final inspection not called, close out and place in final
file". He feels that the applicant
should not be allowed to get the variance.
Peggy
Yerton, 4625 East 37th Place, objected to the encroachment.
Comments
and Questions:
Mr. Beach asked Mr. Yerton if he would
be opposed to a variance to 4.5' instead of 4' to allow the applicant to extend
the siding and extend the masonry as requested.
Board
Action:
On MOTION
of COOPER the Board voted 3-0-1
(Dunham, Turnbo, Cooper "aye"; no "nays"; White
"abstention"; Perkins "absent") to DENY the request for Variance, of five feet; side yard
requirement to four feet in an RS-3 district, finding that it will cause
substantial detriment to the public good or impair the purposes, spirit, and
intent of the Code, or the Comprehensive Plan.
Lot 16, Block 2, Max Campbell 4th
Addition, City of Tulsa, Tulsa County, State of Oklahoma
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Variance of minimum core of living
space requirement of 20' x 20' dimension.
SECTION 1207a.C.1.c. Use Unit 7a. TOWNHOUSE DWELLING; USE CONDITIONS.
Presentation:
Roy
D. Johnsen, attorney for C.J. Development, John Piercey, stated that the
project is a townhouse which is on an individually-owned lot but attached
units. All of the requirements of the
code are met or exceeded except for one.
The code requires in a townhouse use unit, a core living area that is
20' x 20' or 400 square feet. The
smallest unit in the plan is 1500 square feet, on a 24' lot with 14' of
courtyard area. The core area is 14' in
width but the length is longer than 20'.
Comments
and Questions:
Pat
Fox, architect on the project at 1215 East 33rd , stated he was
not aware of the core area requirement.
He believes that the code needs to be amended.
Board
Action:
On MOTION
of DUNHAM the Board voted 4-0-0
(White, Dunham, Turnbo, Cooper "aye"; no "nays"; no
"abstentions"; Perkins "absent") to APPROVE request for Variance of minimum core of living
space requirement of 20' x 20' dimension with condition of 14' width, 1500
square feet living area, two-story, finding that the density permitted is
inconsistent with core area requirement in the zoning code, on the following
described property:
A tract of land being part of the S/2
of the NE/4 of Section 7, T-18-N, R-13-E, Tulsa County, State of Oklahoma being
more particularly described as follows:
Commencing at the SE/c of said S/2 NE/4; thence N 89°48'42" W along
the Sly line of the S/2 NE/4, for a distance of 50.00'; thence N 0°10'03"
E and parallel with the Ely line of the S/2 NE/4, for a distance of 930.00' to
a point; thence N 89°48'42" W and parallel with the Sly line for a
distance of 930.00' to the point of beginning; thence S 0°10'03" W and
parallel with the Ely line for a distance of 375.00' to a point; thence N
89°48'42" W and parallel with the Sly line for a distance of 1050.00' to a
point on the Ely line of Block 13, Kensington, an addition to the City of
Tulsa, Tulsa County, Oklahoma; thence continuing N 89°48'42" W and
parallel with the Sly line for a distance of 20.00' to a point on the present
Ely right-of-way of S. Wheeling Ave.; thence N 0°10'03" E along said Ely
right-of-way and the Wly line of Block 13, for a distance of 375.00' to a
point, said point being the NW/c of Block 13; thence S 89°48'42" E and
parallel with the Sly line of said S/2 NE/4 for a distance of 20.00' to a
point, said point being the NE/c of Block 13; thence continuing S
89°48'42" E and parallel with the Sly line for a distance of 1050.00' to
the point of beginning and being located in an RM-1 zoned district.
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Special Exception of CBD-zoned property
for Use Unit 25, light manufacturing, SECTION 701. PRINCIPAL USES PERMITTED IN
COMMERCIAL DISTRICTS, located at 321 South Frankfort.
Presentation:
Mark
Fairbairn, 803 South New Haven, manager of
Key F.G., LLC. The business
manufactures ceramic tile in-store display boards.
Comments
and Questions:
Mr. Dunham asked if the applicant has
seen a letter from Mr. Norton, building owner.
Mr. Fairbairn replied that he received it yesterday. Mr. Dunham stated that when he left the
meeting with Mr. Norton, he believed that no agreements were reached. Ms. Turnbo read a portion of the letter,
Mr. Stump stated the Use Unit 25 is
light manufacturing and industry, and the description is "light
manufacturing and industrial uses having slight or no objectionable
environmental influences by reason of odor, heat, smoke, noise, or
vibration".
Board
Action:
On MOTION
of DUNHAM, the Board voted 4-0-0
(White, Dunham, Turnbo, Cooper "ayes"; no "nays"; no
"abstentions"; Perkins "absent") to APPROVE the Special Exception of CBD-zoned
property for Use Unit 25, light manufacturing, finding that it will be in
harmony with the spirit and intent of the Code, and will not be injurious to
the neighborhood or otherwise detrimental to the public welfare.
Lots 5, 6 and 7, Block 114, Original
Town of Tulsa, City of Tulsa, Tulsa County, State of Oklahoma
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Variance of maximum height for a fence
in the required front yard from 4' to 6'6". SECTION 210.B.3. PERMITTED
OBSTRUCTIONS IN REQUIRED YARDS, located at 6565 South Newport.
Presentation:
George
Proctor, representative of Tulsa Housing Authority, 415 East Independence,
requests variance on construction of wrought-iron fence along the front of
senior housing. The applicant is
improving security in the area.
Board
Action:
On MOTION
of DUNHAM the Board voted 4-0-0 (White,
Dunham, Turnbo, Cooper "aye"; no "nays"; no
"abstentions; Perkins "absent") to APPROVE the Variance, of maximum height for a
fence in the required front yard from 4' to 6'6".with condition that fence
is wrought-iron or other open-type fence with a hardship that a four-foot fence
would not be a security fence.
Lot 2, Block 1, Cline Addition to the
City of Tulsa, Tulsa County, State of Oklahoma
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Minor Special Exception of the required
25' setback from front to 20' for addition to existing garage, located at 1410
East 33rd Street. SECTION
403. BULK AND AREA REQUIREMENTS IN THE
RESIDENTIAL DISTRICTS.
Presentation:
Catherine
A. Wall, 3806A South Quincy Avenue, requested a Special Exception.
Board
Action:
On MOTION
of DUNHAM, the Board voted 4-0-0
(White, Dunham, Turnbo, Cooper "aye"; no "nays"; no
"abstentions"; Cooper "absent") to APPROVE the Special Exception, finding that it will be in harmony with
the spirit and intent of the code, and will not be injurious to the
neighborhood or otherwise detrimental to the public welfare.
Lot 11, Block 8, Oliver's Addition to
the City of Tulsa, Tulsa County, State of Oklahoma
There being no further business, the
meeting was adjourned at 5:17 p.m.
Date
approved:______________________
__________________________________
Chair
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