COUNTY BOARD OF ADJUSTMENT
Tuesday,
March 19, 2002, 1:30 p.m.
|
Alberty,
Chair |
Tyndall |
Butler |
Raines,
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, Monday, March 11, 2002 at 2:00 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,
Dillard, Walker, Hutson "aye"; no "nays", no "abstentions; Tyndall "absent") to
APPROVE the Minutes of
February 20, 2002 (No.261).
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UNFINISHED
BUSINESS
Action
Requested:
Variance of the required 2.2 acres
of land area per dwelling unit.
SECTION 330. BULK AND AREA
REQUIREMENTS IN THE AGRICULTURE DISTRICTS Use Unit 6 and 3; and a Variance of
the required 2 acres of lot area to allow a lot-split (L/S #19352). SECTION 330. BULK AND AREA REQUIREMENTS IN THE
AGRICULTURE DISTRICTS, located 14618 S. 145th E.
Ave.
Presentation:
Huber Willis, 15209
S. 145th E. Ave., stated he owns the property and would like to get a
lot-split. He sold the rest of the
property, but was not aware of the required property size for a lot-split. The deeds have been drawn up, and an
application has been filed with the planning commission, but has not been heard
yet.
Comments and
Questions:
Mr.
Alberty noted there is an acre difference in the required land for a
lot-split. He stated he could not
support the application.
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") a to DENY
a Variance of the
required 2.2 acres of land area per dwelling unit; and a
Variance of the required 2 acres of lot area to allow a
lot-split (L/S #19352), finding it would cause substantial detriment to the
public good or impair the purposes, spirit, and intent of the Code, or
Comprehensive Plan, on the following described property:
A part of the SE/4 SE/4 being described as follows, Beg. at the SE/c of
said SE/4 SE/4; thence N 275.00; thence W 200.00; thence S 275; thence E
200.00 to the POB, Tulsa County, State of Oklahoma.
Action
Requested:
Variance of minimum lot width from
150 to 145 on Lots 1-5 and 11-16. SECTION
430. BULK AND AREA REQUIREMENTS IN
RESIDENTIAL DISTRICTS Use Unit 6, located Ό mile E of NE/c N. Mingo &
156th St. N.
Presentation:
Bryan Green, 14693 E. 445 Rd., stated he was representing the
applicant. Mr. Smalygo is planning
a subdivision in the Collinsville area.
The engineering design has been completed. There is a flood plain to the north,
which has confined the layout. They
discovered the requirement for a 50 road dedication on one piece of land.
Comments and
Questions:
Mr.
Alberty informed Mr. Green that all of the properties would be required to
provide a 50 road dedication. The
Board discussed the fact that professionals should be familiar with the codes
regulating subdivision of property.
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 DENY
a Variance
of minimum lot width from 150 to 145 on Lots 1-5 and 11-16, finding it would
cause substantial detriment to the public good or impair the purposes, spirit,
and intent of the Code, or Comprehensive Plan, on the property described as
follows:
A part of the SE/4 SW/4 of Section 18, T-22-N, R-14-E, Tulsa County,
State of Oklahoma, more particularly described as follows: Beg. at the NW/c SE/4
SW/4; thence N 89°5808 E and along the Nly line of said SE/4
SW/4 for 496.11 to the NW/c of the E/2 E/2 W/2 of said SE/4 SW/4; thence S
0°0517 E and along the Wly line of said E/2
E/2 W/2 for 1321.07 to the SW/c of said E/2 E/2 W/2; thence S 89°5717 W and along the Sly line of said
Section 18 for 496.11 to the SW/c of said SE/4 SW/4; thence N 0°0517 W and along the Wly line of said SE/4
SW/4 for 1321.20 to the POB, said tract contains 15.05 acres more or
less.
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Action
Requested:
Special Exception to construct a 300 self-supporting cellular
transmission tower on property zoned AG. SECTION
1204.C.3.2. USE UNIT 4. PUBLIC PROTECTION AND UTILITY
FACILITIES, located Tulsa State Fairgrounds/Expo Square.
Presentation:
John Brightmire, 320 S. Boston, Ste. 500, submitted a packet of
information (Exhibit A-1) to the Board.
The application is for a 300 galvanized steel, self-supporting lattice
cell tower. The site is on .3 acres
of the fairgrounds property to the north and west. There are no residential structures for
more than 548 north. The nearest
residential district is 548 to the north.
There is an existing tower about Ύ mile to the southwest. The OSU Extension Center is located to
the north then residential across 15th Street. Fairgrounds property surrounds it on the
east, west and south. The
surrounding topography is flat with very few trees. The proposed tower would accommodate six
carriers. No building is planned;
and all required buildings/equipment cabinets were to be located on the
site. There is a 40 access and
utility easement running east from the site then north to 15th
Street. The tower is necessary to
provide coverage and capacity for the fairgrounds and surrounding area. The landscaping will be done as
required. They plan to build a
six-foot chain link fence with three rows of barbed wire at the
top.
Comments and
Questions:
Mr.
Dillard suggested that a nine-foot fence and barbed wire would be better at this
site. Ms. Fernandez informed the
Board that the notices were sent to a radius of 300 from the outside perimeter
of the fairgrounds, which was extra notice in this case.
Interested
Parties:
There
were no interested parties who wished to speak.
Board
Action:
On MOTION of Dillard, the Board voted 4-0-0
(Alberty, Walker, Dillard, Hutson "aye"; no "nays"; no "abstentions"; Tyndall
"absent") to APPROVE a
Special Exception to
construct a 300 self-supporting cellular transmission tower on property zoned
AG, per presentation, subject to raising the fence to 9 and three rows of
barbed wire at the top, 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:
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, Tulsa County, State of Oklahoma; Lease Area
Description: A tract of land contained within the SE/4 of Section 9, T-19-N,
R-13-E of the IBM, Tulsa County, State of Oklahoma, according to the U.S.
Government survey thereof, being more particularly described as follows:
Commencing at the NE/c of said SE/4; thence S 89°5612 W, along the N line of said SE/4, a
distance of 2568.38; thence due S a distance of 498.00 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.
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Action
Requested:
Special Exception for expansion of existing church on site in AG
district. SECTION
310. PRINCIPAL USES PERMITTED IN
THE AGRICULTURE DISTRICT Use Unit 5; a Variance for existing parking within required
front yard area (Section 1205.3.A.2).
SECTION 1205.3.A.2. USE UNIT 5. COMMUNITY SERVICES AND SIMILAR USES, Use
Conditions; and a Variance to allow up
to 74 parking spaces in existing non-surfaced state (Section 1340.D).
SECTION 1340.D. DESIGN
STANDARDS FOR OFF-STREET PARKING AREAS, located 155 N. 65th W.
Ave.
Mr.
Hutson abstained from Case No. 1944.
Presentation:
Darin Ackerman, 6111 E. 32nd Pl., with Sizemore, Weisz
and Associates, stated he represented Olivet Baptist Church. They propose to expand to the existing
building for classrooms and gymnasium.
They are willing to pave for all required parking spaces, and wish to
withdraw the variance requesting non-surfaced parking. They do ask for a variance of the
existing parking within the required front yard area on 65th W.
Ave. He mentioned that a storm
water detention pond would be on the southern panhandle of the property.
Interested
Parties:
There
were no interested parties who wished to speak.
Board
Action:
On
MOTION
of Walker,
the Board voted 3-0-1 (Alberty, Walker, Dillard "aye"; no "nays"; Hutson
"abstained"; Tyndall "absent") to APPROVE
a Special
Exception
for expansion of existing church on site in AG district, 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; and a Variance for existing parking within required front
yard area, finding it will not cause substantial detriment to the public good or
impair the purposes, spirit, and intent of the Code, or Comprehensive Plan, on
the following described property:
A tract of land being a part of the NW/4 of Section 5, T-19-N, R-12-E of
the IBM, Tulsa County, State of Oklahoma, said tract of land being more
particularly described as follows: Commencing at the SW/c of said NW/4; thence N
88°4432 E along the S line of said NW/4 for
355.00 to the POB of said tract of land; thence N 0°5830 W and parallel with the W line of said
NW/4 for 398.26; thence S 89°0130 W for 330.00 to a point that is
25.00 E of said W line NW/4; thence N 0°5830 W and parallel with said W line for
27.20 to a point of curve; thence NEly along a curve to the right having a
central angle of 22°2200 and a radius of 548.00 for 213.92 to
a point of tangency; thence N 21°2330 E along said tangent for 279.03;
thence N 89°0130 E for 356.85; thence S 0°5830 E and parallel with said W line NW/4
of 891.17 to a point on said S line NW/4; thence S 88°4432 W along said S line for 174.26 to the
POB of said tract of land, containing 6.684 acres more of less.
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There being no further business, the meeting was adjourned at 2:02 p.m.
Date approved:
___________________________________
____________________________________
Chair
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