COUNTY BOARD OF ADJUSTMENT
Tuesday,
July 17, 2001, 1:30 p.m.
|
Alberty,
Chair |
Dillard,
Vice Chair |
Butler |
|
|
Tyndall |
|
Fernandez |
|
|
Walker |
|
|
|
|
Hutson |
|
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|
The notice
and agenda of said meeting were posted in the Office of INCOG, 201 W.
5th St., Suite 600, Thursday, July 12, 2001 at 3:25 p.m., as well as
at the City Clerks office, City Hall.
After
declaring a quorum present, Chair Alberty called the meeting to order at 1:30
p.m.
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MINUTES:
On MOTION of Walker, the Board voted 4-0-0 (Alberty,
Walker, Tyndall, Hutson "aye"; no "nays", no "abstentions; Dillard "absent") to
APPROVE the Minutes of May
15, 2001 (No. 252).
On MOTION of Tyndall, the Board voted 4-0-0
(Alberty, Walker, Tyndall, Hutson "aye"; no "nays", no "abstentions; Dillard
"absent") to APPROVE the
Minutes of June 19, 2001 (No. 253).
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UNFINISHED
BUSINESS
Action
Requested:
Special Exception to allow church use with related facilities, day care,
and private school in an AG zoned district. SECTION 310. PRINCIPAL USES PERMITTED IN THE
AGRICULTURE DISTRICT and SECTION 1205.
USE UNIT 5. COMMUNITY
SERVICES AND SIMILAR USES, located 13413 E. 106th St.
N.
Presentation:
Charles Horstman, 13413 E. 106th St. N., decided to add
an aerobic system, which has been approved by DEQ. The construction will start on July 22,
2001 and will take ten days to build.
August 16, 2001 is the first day of school. He submitted a DEQ approval form
(Exhibit A-1).
Comments and
Questions:
Mr. Alberty determined from the applicant that the aerobic system would
increase the existing lagoon system, and be ready before school starts.
Interested
Parties:
There
were no interested parties present who wished to speak.
Board
Action:
On
MOTION
of Walker,
the Board voted 4-0-0 (Alberty, Walker, Tyndall, Hutson "aye"; no "nays"; no
"abstentions"; Dillard "absent") to APPROVE
a Special Exception to allow
church use with related facilities, day care, private school in an AG zoned
district, with condition that for future construction applicant must present
site plans to this Board showing any future development and showing adequate
sewage capacity, 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, on the following described
property:
A tract of land
that is part of the SE/4 SW/4 of Section 9, T-21-N, R-14-E, of the IBM, starting
at the SW/c of the SE/4 SW/4 of said Section 9; thence N 88Ί4440 E along the
Sly line of said Section 9 for 390.00; thence N 01Ί1358 W and parallel with
the Wly line of the SE/4 SW/4 for 71.42 to the POB of said tract of land;
thence continuing N 01Ί1358 W and parallel with the Wly line of said SE/4 SW/4
for 1002.52; thence N 88Ί4437 E for 593.73; thence S 11Ί1259 W, parallel
with and 100.00 Wly of as measured perpendicular to the Wly right-of-way line
of US-169 for 372.31 to the NE/c of Lot 1, Block 1, Owasso Freewill Baptist
Church, thence S 88Ί4437 W along the Nly line of said Lot 1 for 453.47 to the
NW/c of Lot 1; thence S 01Ί1358 E along the Wly line of Lot 1 for 633.00 to
the SW/c of Lot 1; thence S 83Ί0202 W along the Nly right-of-way line of
US-169 W exit ramp for 60.30 to the POB of said tract of land; AND a tract of
land beg. at the SW/c of the SE/4 SW/4 of said Section; thence N 88Ί4440 E and
along the S line of said SE/4 SW/4 a distance of 175.93; thence N 1Ί15 20 W a
distance of 50.00; thence N 83Ί0152 E a distance of 215.16; thence N
1Ί1358 W a distance of 1002.52; thence S 88Ί4437 W a distance of 390.02 to
the W line of the SE/4 SW/4; thence S 1Ί1358 E a distance of 1073.93; to the
POB, AND a tract of land beg. at a point 1073.93 N of the SW/c of the SE/4 SW/4
and on the W line of said SE/4 SW/4 thence N 88Ί4437 E a distance of 983.75
to a point 100 W of and at a right angle to the W line of US-169; thence N
11Ί1716 E a distance of 74.14; thence N 3Ί1537 E a distance of 605.72;
thence N 1Ί1803 W a distance of
249.65; thence S 88Ί4437 W a distance of 1046.98 to a point on the W line of
said E/2 SW/4; thence S 1Ί1358 E a distance of 929.36 to the POB, all being
located in Tulsa County, State of Oklahoma.
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Action
Requested:
Variance of the required 30 frontage on a public street to 0. SECTION 207. STREET FRONTAGE REQUIRED -- Use Unit 6,
located 11201 N. 41st E. Ave.
Presentation:
Ms. Fernandez stated that this case was continued from the June 19, 2001
meeting. The Board previously asked
for clarification on the easements.
The graphics staff at INCOG mapped the easements and it was included in
the agenda packet for this meeting.
She stated she has been in contact with Terry West and Ray Jordan
regarding these easements. She
added that it was Mr. Jordans opinion that these easements were for the rural
water district rather than roadway dedication. He did not consider these easements
acceptable for roadway.
Comments and
Questions:
Mr. Alberty noted that the second map had a panhandle not shown on the
first map and asked which is correct.
Ms. Fernandez stated that staff also noted the change and they believe
the first map is correct.
Interested
Parties:
There
were no interested parties present who wished to speak.
Board
Action:
On
MOTION
of Walker,
the Board voted 4-0-0 (Alberty, Walker, Tyndall, Hutson "aye"; no "nays"; no
"abstentions"; Dillard "absent") to Deny
a
Variance of the
required 30 frontage on a public street to 0, finding no access
easements.
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Action
Requested:
Use Variance to allow a manufactured home in a CS zoned district. SECTION 710. PRINCIPAL USES PERMITTED IN COMMERCIAL
DISTRICTS -- Use Unit 6; and a Special Exception to allow a single-family home
in a CS district. SECTION 710. PRINCIPAL USES PERMITTED IN COMMERCIAL
DISTRICTS, located NE/c W. 60th St. & S. 63rd W.
Ave.
Presentation:
Walter Clary, spoke for his mother, Frances Clary. They propose to place a manufactured
home on the subject property. The
existing mobile home is no longer fit to live in. He asked if there is a 55 setback from
the centerline of the adjacent street.
Comments and
Questions:
Mr. Alberty replied that is the setback requirement. He asked Mr. Clary if he has contacted
the building inspector. Mr. Clary
replied that he has not. Mr.
Alberty stated that he must seek approval for a building permit. Mr. Alberty inquired if they plan to
remove the older mobile home. Mr.
Clary responded that they would be removing the existing home.
Interested
Parties:
There
were no interested parties present who wished to speak.
Board
Action:
On
MOTION
of Hutson,
the Board voted 4-0-0 (Alberty, Walker, Tyndall, Hutson "aye"; no "nays"; no
"abstentions"; Dillard "absent") to APPROVE
a
Use Variance to allow a
manufactured home in a CS zoned district; and a Special Exception
to allow a single-family home in a CS district, with conditions to remove the
old manufactured home, to have skirting, tie-downs, DEQ approval for sewage
system, and all permits, 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, on the following described
property:
W/2 Lot 8
and all of Lot 9, Block 4, New Taneha, Tulsa County, State of
Oklahoma.
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Action
Requested:
Special Exception to permit a singlewide mobile home in an RS
district. SECTION 410. PRINCIPAL USES PERMITTED IN RESIDENTIAL
DISTRICTS -- Use Unit 9; and a Variance to Section 208 to permit more than one
single-family dwelling or mobile home on one lot of record to permit two mobile
homes. SECTION 208. ONE SINGLE-FAMILY DWELLING PER LOT OF
RECORD, located 9705 W. 61st St. S.
Presentation:
Robert and Mary Sloan, 9705 W. 61st St., Sapulpa,
stated they have had two mobile homes on the subject property for 27 years. They propose to replace one of the
mobile homes with a new one on the site.
A form (Exhibit B-1) showing DEQ approval of sewage system was
submitted.
Comments and
Questions:
Mr. Alberty confirmed that the applicants know they have to go to the
County Inspector for a building permit.
He also confirmed that they have DEQ approval for the septic system.
Interested
Parties:
There
were no interested parties present who wished to speak.
Board
Action:
On MOTION
of Hutson,
the Board voted 4-0-0 (Alberty, Walker, Tyndall, Hutson "aye"; no "nays"; no
"abstentions"; Dillard "absent") to APPROVE
a Special Exception to permit a
single-wide mobile home in an RS district; and a Variance to
Section 208 to permit more than one single-family dwelling or mobile home on one
lot of record to permit two mobile homes, with conditions for DEQ approval of
sewage system, skirting, tie-downs, and building permit, finding it will not
cause substantial detriment to the public good or impair the purposes, spirit,
and intent of the Code, or the Comprehensive Plan, on the following described
property:
Lot 10, Block 4,
Hill Top Addition, Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception to permit light manufacturing (Cultured marble) in a CG
district. SECTION 710. PRINCIPAL USES PERMITTED IN COMMERCIAL
DISTRICTS -- Use Unit 25, located 4916 W. 51st St. S.
Mr. Tyndall returned at 1:52 p.m.
Presentation:
Peggy Gaytan, P.O. Box 1810, Oakhurst, stated that they propose to
start a light manufacturing business in an existing building where they have a
tire shop.
Comments and
Questions:
Mr. Alberty asked Ms. Gaytan to describe the manufacturing process that
would take place in the building.
She replied that they mix two chemicals together, form the cultured
marble and then transport and install it.
Mr. Walker asked about vapors and dust produced by the process. Ms. Gaytan responded that a ventilation
exhaust fan to filter the air would be used. Mr. Alberty commented that DEQ would
probably need to inspect and approve of the process.
Interested
Parties:
Mr.
Alberty noted a letter to the Board that the tenant is committed to days and
hours of operation being Monday through Friday, 8:00 a.m. to 5:00 p.m., and some
weekends. There were no interested
parties present who wished to speak.
Board
Action:
On MOTION
of Tyndall,
the Board voted 4-0-0 (Alberty, Walker, Tyndall, Hutson "aye"; no "nays"; no
"abstentions"; Dillard "absent") to APPROVE
a Special Exception to permit
light manufacturing (Cultured marble) in a CG district, finding the area is
transitioning to industrial and 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, on the following described
property:
Beg. 50 S and
50 W NE/c NE, thence W 395 S 80 SE 396.79 N 115 to the POB, Section 32,
T-19-N, R-12-E, Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception to allow a singlewide manufactured home in an RS zoned
district. SECTION 410. PRINCIPAL USES PERMITTED IN RESIDENTIAL
DISTRICTS -- Use Unit 6 & 9; and a Variance to allow two dwelling units on
one lot of record. SECTION
208. ONE SINGLE-FAMILY DWELLING PER
LOT OF RECORD, located 3920 W. 59th St. S.
Presentation:
Bonnie Jarvis, 3920 W. 59th St., stated that she moved
a singlewide mobile home on the subject property of 1.15 acres. It would be for her father to live near
her family. She has not obtained
utilities. She stated that Oakridge
sewer is available for hookup. Her
own house has a septic system, but they would like to connect with the Oakridge
system also. She stated that her
own house is old and the plan to upgrade the electricity connection and both
houses would be on the same meter.
She stated her intention to use it as a guesthouse when her father no
longer needs it.
Comments and
Questions:
Mr. Alberty asked if there are other lots in the area with more than one
dwelling per lot. She replied that
singlewide mobile homes do exist in the area and they are placed closer together
than her homes would be, but she
does not know about the division of property.
Interested
Parties:
There
were no interested parties present who wished to speak.
Board
Action:
On MOTION
of Hutson,
the Board voted 4-0-0 (Alberty, Walker, Tyndall, Hutson "aye"; no "nays"; no
"abstentions"; Dillard "absent") to APPROVE
a Special Exception to allow a
singlewide manufactured home in an RS zoned district, with conditions for
skirting, tie-downs, DEQ approval, building permit; and a Variance
to allow two dwelling units on one lot of record, as submitted, finding it will
not cause substantial detriment to the public good or impair the purposes,
spirit, and intent of the Code, or the Comprehensive Plan, on the following
described property:
E part Tract 20,
Beg. 2,735 W and 370 N SE/c thence W 150 N 335 E 150, S 335 to Beg.,
Section 33, T-19-N, R-12-E, Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception to permit a mini-storage in a CS district. SECTION 710. PRINCIPAL USES PERMITTED IN COMMERCIAL
DISTRICTS -- Use Unit 16, located N of NW/c W. 26th St. S. & S.
65th W. Ave.
Presentation:
Ms. Fernandez stated that the applicant has asked for a continuance and
there are interested parties. The
applicant was not present.
Comments and
Questions:
Mr. Alberty noted a letter from the applicant stating he discovered that
a portion of the property would need to be re-zoned.
Interested
Parties:
There
were interested parties present.
Mr. Alberty informed them that the case would be continued to the meeting
in August. He also suggested that
they check for any change in the agenda, since there will probably not be
sufficient time to obtain re-zoning before the August meeting date for the
Board. He advised the interested
parties that Ray Jordan, County Engineer, was present at this meeting if they
had questions.
Board
Action:
On MOTION
of Tyndall,
the Board voted 4-0-0 (Alberty, Walker, Tyndall, Hutson "aye"; no "nays"; no
"abstentions"; Dillard "absent") to CONTINUE
Case No. 1886 to the meeting on August 21, 2001.
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Case No.
1887
Action
Requested:
Variance of Section 208 limiting one single-family dwelling on a lot of
record to permit two dwelling units on a tract of 2.29 acres in an AG
district. SECTION 208. ONE SINGLE-FAMILY DWELLING PER LOT OF
RECORD -- Use Unit 8; and a Variance to lot and land area requirements in an AG
district. SECTION 330. BULK AND AREA REQUIREMENTS IN THE
AGRICULTURE DISTRICTS, located 3893 E. 86th St. N.
Presentation:
Brenda Sanders,
3893 E. 86th St. N., Sperry, stated she and her husband own the
subject property. They propose to
build a second dwelling on the back of the property. It would be a stick built home with a
separate septic, and utility meters.
They desire to keep the property in the same ownership.
Comments and
Questions:
Mr. Alberty asked if it would be for a family member or other. Ms. Sanders stated they would move into
the new home and do not have definite plans for the existing dwelling. Mr. Alberty commented that because of
the AG zoning they need a hardship for the variance. Ms. Sanders stated that staff advised
them to seek the variance.
Interested
Parties:
Dorothy
Lewis,
3951 E. 86th St. N., stated that she lives east of the subject
property. She made a stipulation in
the deed for roadway easement of 20 between the two properties.
Board
Action:
On MOTION
of Walker,
the Board voted 4-0-0 (Alberty, Walker, Tyndall, Hutson "aye"; no "nays"; no
"abstentions"; Dillard "absent") to APPROVE
a Variance of Section
208 limiting one single-family dwelling on a lot of record to permit two
dwelling units on a tract of 2.29 acres in an AG district; and a
Variance to lot and land area requirements in an AG district,
subject to a building permit and meeting all zoning requirements, finding the
hardship as presented, on the following described
property:
A tract of land
in the W/2 E/2 E/2 SW/4 and the W/2 E/2 SW/4 of Section 21, T-21-N, R-13-E, of
the IBM, Tulsa County, State of Oklahoma, more particularly described as:
Commencing at the SW/c E/2 E/2 W/2 E/2 SW/4 of Section 21, thence N 90Ί5850 E
along the S line of said SW/4 a distance of 20.00 to the POB; thence N
0Ί1100E, a distance of 440 to a point; thence N 89Ί5850 E and parallel to
the S line of said SW/4 a distance of 227.50 to a point; thence S 0Ί110 E a
distance of 440 to a point on the S line of the SW/4 of Section 21, thence S
89Ί5850 W along the S line of Section 21, a distance of 227.50 to the
POB.
There being no further business, the meeting was adjourned at 2:17 p.m.
Date approved: ___________________________________
___________________________________
Chair