COUNTY BOARD OF ADJUSTMENT
Wednesday,
February 20, 2002, 1:30 p.m.
|
Alberty,
Chair |
Tyndall |
Butler |
West,
Co. Inspect. |
|
Dillard,
Vice Chair |
|
Fernandez |
|
|
Walker |
|
|
|
|
Hutson |
|
|
|
The notice
and agenda of said meeting were posted in the Office of INCOG, 201 W.
5th St., Suite 600, Wednesday, February 13, 2002 at 8:32 a.m., as
well as at the City Clerk’s 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,
Dillard, Walker, Hutson "aye"; no "nays", no "abstentions”; Tyndall "absent") to
APPROVE the Minutes of
January 15, 2002 (No. 260).
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UNFINISHED
BUSINESS
Action
Requested:
Special Exception to construct a 250’ monopole cellular transmission
tower on property zoned AG. SECTION
1204.C.3.2. USE UNIT 4. PUBLIC PROTECTION AND UTILITY
FACILITIES–Use Unit 4, located, Tulsa State Fairgrounds/Expo
Square.
Presentation:
Ms.
Fernandez informed the Board that the applicant had withdrawn Case No.
1919.
Board
Action:
No
Board action was needed.
Parent
Tract: A tract of land described as the E/2 SW/4 SE/4 of Section 9, T-19-N,
R-13-E, of the IBM; Lease Area: A tract of land contained within the SE/4 of
Section 9, T-19-N, R-13-E, of the IBM, being more particularly described as
follows: Commencing at the NE/c of said SE/4; thence S 89°56’12” W
along the N line of said SE/4, a distance of 2,568.38’; thence due S a distance
of 293.00’ to the POB; thence due E a distance of 100.00’; thence due S a
distance of 100.00’; thence due W a distance of 100.00’; thence due N a distance
of 100.00’ to the POB, containing 10,000 square feet or 0.296 acres, more or
less, all in Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception for the installation of two AM radio towers. SECTION 310. PRINCIPAL USES PERMITTED IN THE
AGRICULTURE DISTRICT – Use Unit 4, located 2603 E. 56th St.
N.
Presentation:
Bill LaFortune, 2900 Mid-Continent Tower, Ste. 500, stated this
case was continued to this meeting in order to address issues with two
interested parties. The Board has
received all the applicant’s exhibits.
Mr. LaFortune stated that Clear Channel has addressed Mr. Underwood’s
problems with the telephone, computer and wireless doorbell and telephone
interference. Clear Channel hired a
firm who has eliminated the telephone interference at both residences. Mr. Langham, with Clear Channel ,
addressed the computer problem personally, and the issue with the wireless
doorbell is still somewhat unresolved.
Mr. Langham also addressed the telephone interference at Ms. Morgan’s
grandmother’s home and a repairman was sent out and resolved the issue. Mr. Langham visited her house because
she was complaining of a problem with a cook stove, and a repairman is scheduled
to check it. Mr. Langham asked the
resident to call him and let him know the results.
Comments and
Questions:
Mr.
Alberty asked if they consider these to be site-specific problems or more
general problems, and do the solutions/corrections affect anyone
else.
Troy Langham, 2625 S. Memorial, stated that the complaints they
have received are specific to these residences. There may be more that they are unaware
of but in all probability the same solutions they applied would work for others
with the same issues.
Mr.
Alberty asked if it would be the policy of Clear Channel to address further
issues as they are brought to their attention. Mr. Langham responded in the
affirmative.
Interested
Parties:
Denelda Newsome,
2804 E. 56th St. N., stated she lives directly across the street from
the subject property. She informed
the Board the Environmental Protection Agency and the regional director
explained the evidence is not conclusive as to the effects of electromagnetic
fields on physical health, including cause of cancer. She received the same answers from the
National Institute for Cancer. She
is concerned because there is not enough evidence one way or the other.
Comments and
Questions:
Mr.
Alberty mentioned that the applicant responded to this issue at the last
meeting. His response was that
there is a possibility for more harm from household items such as electric
blankets, and overhead power lines.
Ms. Newsome replied that this does not set her and other neighbors at
ease, because the people who have the power and money and want to put up the
towers are the ones saying this.
Interested
Parties:
William
Underwood,
5613 N. Lewis, stated he was satisfied with the solutions to his problems that
were made by Clear Channel.
Jeannie
Morgan,
5540 N. Lewis, stated they were satisfied with the corrections made to her
telephone problems by Clear Channel.
She mentioned that they did not address the health issues or the affects
of an appraisal value on her home.
Applicant’s
Rebuttal:
Mr.
LaFortune stated that they have already responded to the health issues. He reminded the Board that the distances
from residential properties are greater than required. Clear Channel has gone above and beyond
required response to the issues of the interested parties.
Board
Action:
On
MOTION
of Hutson,
the Board voted 4-0-0 (Alberty, Walker, Dillard, Hutson "aye"; no "nays"; no
"abstentions"; Tyndall "absent") to APPROVE
a Special Exception for the
installation of two AM radio towers, per presentation, finding 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:
The E/2 of
the SW/4 SW/4, less and except the W 12.00’ of the N 330.00’ and less and except
the N 30.00’ of the W 648.00’ thereof for roadway, Section 5, T-20-N, R-13-E of
the IBM, according to the U.S. government survey thereof, Tulsa County, State of
Oklahoma
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NEW
APPLICATIONS
Action
Requested:
Variance of the allowable square footage for an accessory building from
750 sq. ft. to 1,200 sq. ft.
SECTION 240.2.E. YARDS, Permitted Yard Obstructions – Use Unit 6; a
Variance to allow a garage as a principal use on a residential lot, located 6510
N. Rockford.
Presentation:
Jerry Kidd, 6510 N. Rockford, plans to build an accessory building
larger than 750 square feet. They
need room for hobbies, a kiln, and a storage space and to build an
airplane. He stated it would be
strictly for personal use. He added
that they own three lots side by side.
The proposed building would be on a separate lot than the home.
Comments and
Questions:
Mr.
Dillard asked about kitchen or bathroom facilities. Mr. Kidd stated he had considered
bathroom facilities, but was not sure.
Mr. West stated that kitchen and bathroom facilities would cause it to
fall under the code as a second dwelling.
Interested
Parties:
There
were no interested parties who wished to speak.
Board
Action:
On
MOTION
of Walker,
the Board voted 4-0-0 (Alberty, Walker, Dillard, Hutson "aye"; no "nays"; no
"abstentions"; Tyndall "absent") to APPROVE
a Variance of the
allowable square footage for an accessory building from 750 sq. ft. to 1,200 sq.
ft., for personal use, no commercial use, finding the lot to be narrow, on the
following described property:
Lots 6 and
7, Block 1, Phillips Farms Addition, Tulsa County, State of
Oklahoma.
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Action
Requested:
Special Exception to allow a manufactured home in an RS zoned
district. SECTION 410. PRINCIPAL USES PERMITTED IN RESIDENTIAL
DISTRICTS – Use Unit 9, located SE/c 60th St. N. & Madison
Ave.
Presentation:
Raymond Horton, 7508 N. Peoria, proposes to place a mobile home on
the corner of 60th St. N. and Madison.
Comments and
Questions:
Mr.
Alberty asked if the property is two twenty-five foot lots. Mr. Horton replied that it is. Mr. Alberty asked if he planned to tie
it down and skirt the home. Mr.
Horton responded that he would. Mr.
Alberty asked if there were other mobile homes in the area. Mr. Horton replied there were five
total, three are located one block south of his property, and two are one block
to the north of him. Mr. West
recommended that he get a tie contract to meet the setback requirements. Mr. Horton plans to connect to the city
sewer system.
Interested
Parties:
There
were no interested parties who wished to speak.
Board
Action:
On
MOTION
of Walker,
the Board voted 4-0-0 (Alberty, Walker, Dillard, Hutson "aye"; no "nays"; no
"abstentions"; Tyndall "absent") to APPROVE
a Special Exception to allow a
manufactured home in an RS zoned district, on conditions for a tie contract,
tie-downs, skirting, and building permits, finding 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 property described as
follows:
Lots 2 and
3, Block 7, Original Townsite of Turley, Tulsa County, State of
Oklahoma.
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Action
Requested:
Variance of required front yard from 65’ to 39’ to permit a new
dwelling. SECTION 430. BULK AND AREA REQUIREMENTS IN
RESIDENTIAL DISTRICTS – Use Unit 6, located 116 N. Industrial
Ave.
Mr.
Alberty asked if this was an existing situation. Ms. Fernandez replied that it was an
existing situation, but they would like to put a new house back in the same
spot. Mr. Alberty commented that
the Board has a letter from the City of Sand Springs (Exhibit A-1) stating they
recommend approval.
Presentation:
Brenda Scrivener, 12303 E. Skelly Dr., stated she is the Branch
Manager of Jim Walter Homes. She
added her company is the contractor.
She stated they applied for building permit, and a copy of the survey was
attached. The excavation was
completed on the existing home, the plat was given to Tulsa County and obtained
the building permit. The footing
passed inspection and the foundation was poured. Her company found the discrepancy in the
setback and stopped the building process to obtain a variance.
Comments and
Questions:
Mr.
Alberty asked the reason for wanting the same site for the new home, instead of
setting it back further. Ms.
Scrivener replied that because of a severe slope of the topography they could
not build further back on the property.
Interested
Parties:
There
were no interested parties who wished to speak.
Board
Action:
On
Motion of Hutson, the Board voted 4-0-0 (Alberty, Walker, Dillard,
Hutson "aye"; no "nays"; no "abstentions"; Tyndall "absent") to APPROVE
a Variance of required
front yard from 65’ to 39’ to permit a new dwelling, finding the hardship to be
the topography of the property described as follows:
Lot 3, Block 3, Hall’s First Addition, Tulsa County, State of
Oklahoma.
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Action
Requested:
Special Exception of Section 410 to permit a mobile home in an RS
district. SECTION 410. PRINCIPAL USES PERMITTED IN RESIDENTIAL
DISTRICTS – Use Unit 9, located 5735 S. 100th W.
Ave.
Presentation:
Stephen Doyle, 5739 S. 100th W. Ave., proposes to place
a mobile home on the subject property.
He pointed out there is a mobile home across the street, another in the
same block to the north, and another one further down the street. He stated he has already obtained a soil
percolation test, and plans to put in a septic tank.
Comments and
Questions:
Mr.
Alberty noted on the aerial map that there are several mobile homes in the
area.
Interested
Parties:
There
were no interested parties who wished to speak.
Board
Action:
On
Motion of Hutson,
the Board voted 4-0-0 (Alberty, Walker, Dillard, Hutson "aye"; no "nays"; no
"abstentions"; Tyndall "absent") to APPROVE
a Special Exception of Section
410 to permit a mobile home in an RS district, with conditions for skirting,
tie-downs and permits, finding other mobile homes in the area and it would be
appropriate based on what has been established, on the following described
property:
Lot 3, Block 3, Hilltop Addition, Tulsa County, State of
Oklahoma.
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Action
Requested:
Variance of Section 208 to permit two dwellings per lot of record. SECTION 208. ONE SINGLE-FAMILY DWELLING PER LOT OF
RECORD – Use Unit 9, located 9202 N. Delaware.
Comments and
Questions:
Mr. Alberty noted from a map that there might not be a dedicated street
on the exhibit. He asked if
Delaware extends all the way in front of the property. Mr. West was satisfied that it met the
requirements.
Presentation:
Julie McFarland, 9202 N. Delaware, stated she has a house on the
subject property. She would like to
move a mobile home on the property for relatives who help her care for her
children. She added that a mobile
home was previously on the property before she purchased it, and it burned
down. She stated that she obtained
a soil percolation test, which was good.
Comments and
Questions:
Mr.
Alberty noted that she has about eight acres. He asked if she wanted to keep it under
her ownership. Ms. McFarland
replied that she does.
Interested
Parties:
There
were no interested parties who wished to speak.
Board
Action:
On
Motion of Walker, the Board voted 4-0-0 (Alberty, Walker, Dillard,
Hutson "aye"; no "nays"; no "abstentions"; Tyndall "absent") to
APPROVE a
Variance of Section 208 to permit two dwellings per lot of record,
finding there is sufficient property for two dwellings and it is on AG zoned
property, described as follows:
SE SE NW Section 20, T-21-N, R-13-E, less E 220’ of the S 420’ thereof,
Tulsa County, State of Oklahoma.
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Case No.
1940
Action
Requested:
Special Exception to allow mini-storage, Use Unit 16 and overnight
campgrounds for recreational vehicles, Use Unit 17 in a CS district. SECTION 710. PRINCIPAL USES PERMITTED IN COMMERCIAL
DISTRICTS – Use Unit 16 & 17; a Variance of the required setback from
Campbell Creek Road from 50’ to 10’ and from the south boundary and R zoned
district from 10’ to 5’. SECTION
730. BULK AND AREA REQUIREMENTS IN
THE COMMERCIAL DISTRICTS, located SE/c Campbell Creek Rd. & SH-51.
Ms.
Fernandez stated that a letter (Exhibit B-2) was sent to the Board from Sand
Springs even though it is not in their fence line. Mr. Alberty noted they responded in the
affirmative on the special exception but declined to comment on the
variance.
Presentation:
Coy
Ward,
4206 S. 137th W. Ave., submitted a packet of information (Exhibit
B-1) to the Board. He described his
plans for an RV park with larger diagonal spaces for recreational vehicle
parking for ease in parking and privacy. He pointed out that the setback
requirements were probably meant for permanent buildings but the RV’s would be
temporarily parked. He contacted
the Department of Environmental Quality and was assured that an aerobic sewage
system would work well on the property with his plans. His plans included mini-storage
buildings, screened well with trees.
Comments and
Questions:
Mr.
Alberty noted that when the RV pads are occupied they would interfere with the
visual setback as much as a permanent building. He also stated his concern regarding the
mini-storage. Mr. Alberty stated he
would want assurance from DEQ on approval of an aerobic system. Mr. Ward responded that he would have to
develop the RV Park before he can get the approval from DEQ. He was satisfied that he could come back
to the Board for the mini-storage later if he can get the RV park plans
approved. Ms. Fernandez informed
the Board that screening would be required for the mini-storage.
Interested
Parties:
Larry
Oswalt,
2200 Campbell Creek Road, Sand Springs, Oklahoma, stated that he was informed
that the Board would implement the agreement of nine points between the
applicant and the neighbors. Mr.
Alberty responded that the Board could place conditions to an approval. Mr. Oswald stated that the neighbors do
not object to the project, at the same time they want to protect their own
properties. Mr. Oswald stated that
he does not mind the variance of the setback if screening is placed between his
property and the RV Park.
Norman
Ward,
stated his property is north of the subject property. He expressed his concern that he not be
disturbed by the activity, and about the poor absorbency of the soil for an
aerobic sewage system. He indicated
it would cause a mosquito problem.
He also pointed out that sound carries well in the open country.
Board
Action:
On
Motion
of Walker,
the Board voted 4-0-0 (Alberty, Walker, Dillard, Hutson "aye"; no "nays"; no
"abstentions"; Tyndall "absent") to APPROVE
a Special Exception to allow
overnight campgrounds for recreational vehicles, Use Unit 17 in a CS district,
as presented overall in concept and then specifically for the RV parking
facility not for the mini-storage facilities or storage, which will required a
new separate application; and a Variance of the required setback
from Campbell Creek Road from 50’ to 10’ and from the south boundary and R zoned
district from 10’ to 5’, and with the conditions agreed upon in the meeting on
November 5, 2001 from 6:30 p.m. to 9:15 p.m. between the applicant, Hank and
Carla Wright, Barbara Goodman and Larry Oswalt regarding the subject property as
submitted on page 1 of the applicant’s exhibit; and a little greenery be a
screening fence on the west property line, finding the topography has a steep
drop in elevation toward SH 51, on the following described
property:
A part of the NW/4 NW/4 Section 14, T-19-N, R-10-E of the IBM, Tulsa
County, State of Oklahoma, according to the U.S. Government survey thereof,
being more particularly described as follows, to-wit: Commencing at the SW/c of
said NW/4 NW/4, Section 14; thence N 89°52’58” E along the S line of said NW/4 NW/4
for a distance of 765.93’ to the SW/c of a 11.176 acre tract; thence N
23°35’00” E for a distance of 141.23’ to a point
of curvature; thence along a curve to the left having a radius of 1,240’ for an
arc distance of 416.37’ to a point of tangency, thence N 4°20’40” E for a distance of 318.38’ to the
POB; thence continuing N 4°20’40” E for a distance of 335.00’ to a point
of intersection with the S right-of-way line of SH-51; thence N 89°24’09” E along said S right-of-way line for a
distance of 344.17’ to a point on the E line of said NW/4 NW/4; thence S
0°24’41” E along the E line of said NW/4 NW/4
for a distance of 370.58’ to a point; thence N 84°56’30” W for a distance of 373.64’ to the POB
containing 2.901 acres more or less and located on the SE/c of SH-51 W and
Campbell Creek Rd.
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There being no further business, the meeting was adjourned at 2:47 p.m.
Date approved: ___________________________________
___________________________________
Chair
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