COUNTY BOARD OF ADJUSTMENT
Tuesday,
August 20, 2002, 1:30 p.m.
|
Alberty,
Chair |
Hutson |
Butler |
West,
NBH. Inspec. |
|
Tyndall |
|
Beach |
|
|
Walker |
|
|
|
|
Dillard,
Vice Chair |
|
|
|
The notice
and agenda of said meeting were posted in the Office of INCOG, 201 W.
5th St., Suite 600, Thursday, August 15, 2002 at 11:25 a.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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Case No.
1987
Action
Requested:
Special Exception to allow mining and mineral processing (dirt and shale)
Use Unit 24 in an AG zoned district.
SECTION 410. PRINCIPAL USES
PERMITTED IN RESIDENTIAL DISTRICTS Use Unit 24; and a Use Variance to allow
mining and mineral processing in an RS zoned district (south edge of
tract). SECTION 410. PRINCIPAL USES PERMITTED IN RESIDENTIAL
DISTRICTS, located 2601 W. 101st St. S.
Presentation:
Mr.
Beach informed the Board there has been a request for continuance.
Board
Action:
On
Motion
of Dillard,
the Board voted 3-0-0 (Alberty, Dillard, Tyndall "aye"; no "nays"; no
"abstentions"; Walker, Hutson "absent") to CONTINUE
Case No. 1987 to the meeting on September 17, 2002, regarding the following
described property:
That part of the W/2 NE/4, Section 27, T-18-N, R-12-E, of the IBM, Tulsa
County, State of Oklahoma, lying N of Polecat Creek, and being described as
follows, to-wit: Beg. at the NW/c NE/4 of said Section 27; thence due E along
the N line of said Section 27, a distance of 1,317.72 to the NE/c W/2 NE/4 of
said Section 27; thence S 0°15 W along the E line of the W/2 NE/4 of
said Section 27, a distance of 622.00 to a point; thence S 85°00 W a distance of 551.00 to a point;
thence N 65°00 W a distance of 445.00 to a point;
thence N 46°30 W a distance of 234.00 to a point;
thence N 78°2333 W a distance of 198.25 to a point on
the W line of the NE/4 of said Section 27; thence N 0°14 W along the W line of the NE/4 of said
Section 27, a distance of 281.00 to the POB.
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Case No.
1988
Action
Requested:
Special Exception for a sand extraction plant in an AG district. SECTION 310. PRINCIPAL USES PERMITTED IN THE
AGRICULTURE DISTRICT Use Unit 24, located N & W of NW/c E.
141st St. & S. Sheridan.
Presentation:
John
Moody,
stated he represents the applicant.
The attorney for the interested parties requested the continuance, and he
agreed to it if no later than September 17, 2002.
Board
Action:
On
Motion
of Dillard,
the Board voted 3-0-0 (Alberty, Dillard, Tyndall "aye"; no "nays"; no
"abstentions"; Walker, Hutson "absent") to CONTINUE
Case No. 1988 to the meeting on September 17, 2002, regarding the following
described property:
The portion of Lots 6 and 7 lying N of the Midland Valley Railroad
right-of-way, less that part of Lot 7 lying W of Posey Creek; and in that
portion of the SE/4 SE/4 lying N of said Midland Valley Railroad right-of-way,
all in Section 10, T-17-N, R-13-E, of the IBM, Tulsa County, State of
Oklahoma.
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Case No.
1991
Action
Requested:
Variance of the allowable size for an accessory building in an RS zoned
district from 750 square feet to 5,040 square feet. SECTION 240.2.E. YARDS, Permitted Yard
Obstructions Use Unit 6, located 3340 S. 63rd W. Ave.
Presentation:
Mr.
Beach announced this case was withdrawn.
Board
Action:
No
Board Action was needed, regarding the following described
property:
Lots 16 and 17, Block 2, Berry Hill Acres Subdivision, Tulsa County,
State of Oklahoma.
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MINUTES
The approval
of minutes of July 16, 2002, meeting number 266 will be considered at the
September 17, 2002 meeting.
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UNFINISHED
BUSINESS
Action
Requested:
Use
Variance to permit the keeping and raising of exotic animals in an RS
district. SECTION 410. PRINCIPAL
USES PERMITTED IN RESIDENTIAL DISTRICTS. Use Unit 3, located 309 S.
71st W. Ave.
Presentation:
Patricia Shaver, 309 S. 71st W. Ave., stated that
Memorial Day weekend they received a notice of violation of the zoning
code. The RS zoning does not permit
the animals they keep on the property.
They were under the impression their property was zoned AG. She explained that they rescue exotic
animals and care for them. She informed the Board of an incident when a monkey
got loose into the neighborhood. A
deputy sheriff came out on this occasion and was not concerned regarding any
violation. A second incident
occurred when a deputy came out on the complaint of starving animals on the
property. She indicated that he
found it obvious that there were no starving animals at their home. She stated an unauthorized person loosed
a monkey into the neighborhood at another time and it was retrieved without
incident.
Bill Allison, 309 S. 71st W. Ave., continued the
presentation by showing a photograph of a monkey they had. He described the monkey as friendly and
not a danger to anyone. He stated
that their primary concern was for the safety and well being of the
animals. He submitted a petition
with 100 signatures in support of the application, and letters of support
(Exhibit A-1, A-3). He informed the
Board that the animals have been used for teaching children in school and on
occasion children have been brought to the home to observe the animals. He stated that if they have to move they
would not have the money to pay the veterinarian bills and Ms. Shaver would not
be able to have access to public transportation. He indicated that the animals are well
cared for, with adequate space and sanitary facilities.
Comments and
Questions:
Mr.
Alberty asked for a list of the numerous animals. Mr. Allison listed seven monkeys, four
codamundees (S. American raccoon), three ringtale lemurs, one Muskogee duck, one
miniature horse, one wallaby, one baby doll sheep, three dogs and one
parrot. Mr. Alberty asked if they
are asking to keep that many animals.
Mr. Allison responded that as animals come and go the number
fluctuates. Mr. Alberty asked how
the animal care is financed. He
responded they pay for it with personal finances, and a little help from his son
and the homeless shelter. They have
considered applying for a 501.C.3 license with the federal government and
accepting donations from all of the people that come through and look at the
animals
Interested
Parties:
Warren Williams,
402 S. 69th W. Ave., stated he has a number of reservations about
this project. He listed noise, the
small size of the lot, lack of grazing area for animals, no storm or sanitary
sewers, narrow streets, and inadequate parking space.
Tommie
Rider,
508 S. 69th W. Ave., stated that the school bus stop is at the corner
where the subject property is located.
She was concerned for her child because Mr. Allison cautioned her that
the animals bite. She added that
they do not want a business in the residential neighborhood, and vehicles trying
to find parking on the street.
Catherine
Lamb,
508 S. 69th W. Ave., submitted photographs and a letter (Exhibit A-2)
to the Board. She stated that the
elderly neighbors are afraid because of the animals, namely a horse, a goat,
dogs, and monkeys have escaped into the neighborhood. She stated that her family loves animals
and they have dogs, chickens, ducks and rabbits, but the children come
first. Ms. Lamb indicated that Mr.
Allison spoke hatefully to her grandchildren at the bus stop.
Thomas
Lamb,
508 S. 69th W. Ave., stated that storm water runs off of the subject
property, and across neighboring properties, into the creek and Arkansas
River. He complained of
seeing manure piled four feet high, and stated the hired help does not keep it
cleaned up properly. He indicated
that the septic lateral lines were in danger of collapsing or ending up in the
street. He also questioned the
signatures on the applicants petition because the area is not that
populated.
Neil
Fisher,
307 S. 71st W. Ave., stated he and his wife live in the house
adjacent to the north of the subject property. He added that they enjoy the
animals. He was not aware of
any noise problem. He has
offered his extra parking space on his own property for guests on the subject
property. He also offered to allow
their animals to graze on his property occasionally.
Applicants
Rebuttal:
Mr.
Allison responded that they do have one very old monkey that was teased too much
in a zoo. He does caution people
about her, though she would run from people to defend herself. He admitted that one time there was a
pile of manure but they cleaned it up the very next day. The waste is picked up three times per
week. He noted that the Lamb family
is in violation of the zoning code, with chickens, ducks and rabbits. He added that he does not want them to
lose their animals either.
Comments and
Questions:
Mr.
Alberty asked Mr. West if there is a limit on the number of pets on residential
property. Mr. West was not aware of
any limit of pets in the county.
Mr. Alberty and Mr. West discussed the allowable non-conformity if the
animals were on the property prior to 1980. Mr. Beach read the zoning code
definition of exotic animals.
Board
Action:
On
MOTION
of Walker,
the Board voted 3-1-0 (Alberty, Walker, Dillard, "aye"; Tyndall "nay"; no
"abstentions"; Hutson no "absent") to APPROVE
a Use Variance to permit
the keeping and raising of six primates caged in an RS district, and can have
cage with indoor/outdoor run, finding the hardship is a history of AG use in
this RS zoned neighborhood, and motion does not address any other animals at
this address, on the property described as follows:
S/2 Lot 13, less S 12 to Highway, Block 4, Twin Cities, Tulsa County,
State of Oklahoma.
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Action
Requested:
Special Exception to permit fireworks sales for the year beginning 2003,
and to conduct year around sales of fruits and vegetables, pumpkins, Christmas
trees and other seasonal merchandise.
SECTION 1202. USE UNIT 2. AREA-WIDE SPECIAL EXCEPTION USES Use Unit 2;
and a Variance of all-weather surface. SECTION 1340.D. DESIGN STANDARDS FOR
OFF-STREET PARKING AREAS, located 15764 W. Highway 51.
Presentation:
Charlie Choate, 1800 S.
165th W. Ave., Sand Springs, Oklahoma, stated that he proposes the
sale of seasonal merchandise. He
added that the road has an all-weather surface, and there is all-weather surface
on the site. He talked with the
neighbors, and now that they understand what he wants, they are in support. There will be one entrance from Highway
51. He reminded the Board that it
is commercially zoned and he would like to make something from it to pay the
taxes. He described the mobile
building, room for parking, and nothing to increase flood problems.
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, Tyndall, Dillard "aye"; no "nays"; no
"abstentions"; Hutson "absent") to APPROVE
a Special Exception to permit
fireworks sales for the year beginning 2003, and to conduct year around sales of
fruits and vegetables, pumpkins, Christmas trees and other seasonal merchandise,
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 of all-weather surface, as presented,
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 in the SW/4 SW/4 of Section 8, T-19-N, R-11-E, of the
IBM, Tulsa County, State of Oklahoma, more particularly described as follows:
Commencing at the SE/c of SW/4 SW/4, thence N 1°1248 W along the E line of said SW/4 SW/4 a
distance of 24.75 to the POB; thence N 1°1248 W a distance of 281.22 to the S
right-of-way of SH-51; thence N 71°1107 W along said right-of-way a distance
of 5.70; thence N 73°4447 W along said right-of-way a distance
of 599.55; thence S 1°5934 W a distance of 268.48; thence S
89°5620 E a distance of 208.72; thence S
3°2118 E a distance of 183.97; thence N
89°4714 E parallel to and 24.75 distance from
the S line of said SW/4 SW/4 a distance of 376.79 to the
POB.
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Action
Requested:
Amendment of an approved site plan to permit a 24 x 60 temporary
classroom, and a permanent classroom addition, located 13413 E. 106th
St. N.
Presentation:
Mr.
Beach stated that this case was continued because the notice at the last hearing
did not include the property where the additional construction will be
located. The applicant was not
present at this time.
Interested
Parties:
Larry
Loffer,
13227 E. 106th St. N, Owasso, Oklahoma, stated that he came to the
previous hearing and has had to take off work for these two hearings. He expressed concern that the building
would take up more land area and he questioned if the sewage system would be
adequate, since they had a problem with it previously.
Comments and
Questions:
Mr.
Alberty asked if he was having a problem currently caused by their sewage
system. Mr. Loffer replied that he
was not having a problem now. Mr.
Alberty informed him that if the applicant did not arrive the case would
probably be continued. He assured
Mr. Loffer that his concerns would now be part of the record.
Board
Action:
The
Board
tabled the case until later on the agenda.
Lot 1, Block 1, Owasso Freewill Baptist Church, a subdivision in the SE/4
of the SW/4 of Section 9, T-21-N, R-14-E; AND 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 88°4440 E along the Sly line of said Section 9
for 390.00; thence N 01°1358 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
01°1358 W and parallel with the Wly line of
said SE/4 SW/4 for 1002.52; thence N 88°4437 E for 593.73; thence S 11°1259 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 88°4437 W along the Nly line of said Lot 1 for
453.47 to the NW/c of Lot 1; thence S 01°13 58 E along the Wly line of Lot 1 for
633.00 to the SW/c of Lot 1; thence S 83°0202 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 88°4440 E and along the S line of said SE/4
SW/4 a distance of 175.93; thence N 1°1520 W a distance of 50.00; thence N
83°0152 E a distance of 215.16; thence N
1°1358 W a distance of 1002.52; thence S
88°4437 W a distance of 390.02 to the W line
of the SE/4 SW/4; thence S 1°1358 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 88°4437 E a distance of 983.75 to a point
100.00 W of and at a right angle to the W line of US-169; thence N
11°1716 E a distance of 74.14; thence N
3°1537 E a distance of 605.72; thence N
1°1803 W a distance of 249.65; thence S
88°4437 W a distance of 1046.98 to a point on
the W line of said E/2 SW/4; thence S 1°1353 E a distance of 929.36 to the POB,
Tulsa County, State of Oklahoma.
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NEW
APPLICATIONS
Action
Requested:
Special Exception to allow an outdoor activity (Use Unit 2) fireworks
stand in a CH zoned district, from June 15, 2003 through July 5, 2003. SECTION 710. PRINCIPAL USES PERMITTED IN COMMERCIAL
DISTRICTS Use Unit 2, located 5732 S. 49th W.
Ave.
Presentation:
The
applicant was not present, and the case was tabled to the end of the
agenda.
Part N/2 SE Beg. 505.10 E SW/c NW SE, thence E 1131.80 NE 134.77 NE 74.44 NW
489.87 SWly curve right 1036.77 POB, less Beg. 1407.4 E SW/c N/2 SE, thence
NW 64.51 NE 29.66 NE 225.21 SE 139.69 SW 13.51 SW 134.77 W 229.50 POB,
Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception to allow mining and mineral processing (sand, dirt
removal) Use Unit 24 in an AG zoned district. SECTION 310. PRINCIPAL USES PERMITTED IN THE
AGRICULTURE DISTRICT Use Unit 24, located S of SW/c Hwy. 51 W. &
145th W. Ave.
Presentation:
Tim Weaver, 1918 S. 161st W. Ave., stated he proposes
to build a pond. He added that
someone had dug out the hillside and he would like to make it useful. He proposes to sell the sand and dirt to
get back some of the cost.
Comments and
Questions:
Mr.
Alberty determined that the subject area is just ten acres of the property. According to Mr. Weaver the mining depth
would be approximately four feet, and was to be used for a pond only.
Interested
Parties:
Grady
Vandiver, 14139
W. 31st, Sand Springs, Oklahoma,
stated
he is the owner of the property. He
has obtained a verbal approval from the State of Oklahoma for a mining permit,
pending approval by the Tulsa County Board of Adjustment.
Board
Action:
On
MOTION
of Walker,
the Board voted 4-0-0 (Alberty, Walker, Tyndall, Dillard "aye"; no "nays"; no
"abstentions"; Hutson "absent") to APPROVE
a Special Exception to allow
mining and mineral processing (sand, dirt removal) Use Unit 24 in an AG zoned
district, per plan, limited to the ten acres, subject to the granting of all
permits by the State of Oklahoma, 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 NE/4 NW/4 SE/4 and NE/4 SE/4 and E/2 E/2 SE/4 SE/4, Section 17,
T-19-N, R-11-E, and S/2 S/2 NW/4 SW/4 and SW/4 SW/4 less and except the E
330.00 of the S 330.00 and less and except the NE/4 SE/4 SW/4 SW/4, Section
16, T-19-N, R-11-E, Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception to permit a car wash in a CS district. SECTION 710. PRINCIPAL USES PERMITTED IN COMMERCIAL
DISTRICTS Use Unit 17, located W. 41st St. & 63rd W.
Ave.
Presentation:
Becky Keith, 8507 W. Way Rd., Sapulpa, Oklahoma, stated she and
her husband propose to open a carwash in Berryhill. She stated that the community has grown
and will continue to grow with the new housing addition. She found that the traffic count has
grown from 1400 vehicles per day in 1993 on 41st Street to almost
17,000 vehicles per day. They plan
to build an attractive brick building with a pitched roof, directly behind the
E-Z Mart. Her husband plans to be
on the site daily to insure the equipment is well maintained and the property is
clean.
Comments and
Questions:
Mr.
Alberty asked about any plans for the frontage of the property. Ms. Keith stated they have no plans at
this time for the frontage. They
are only purchasing the portion of the property they need for the car wash. Mr. Alberty informed her that they would
be responsible for the screening fence to the residential district. He also mentioned to her they would need
to comply with the building code, and zoning code regarding setbacks and other
things.
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, Tyndall, Dillard, Hutson "aye"; no
"nays"; no "abstentions"; no "absences") to APPROVE
a Special Exception to permit a
car wash in a CS district, with conditions for no outside storage or display of
merchandise; to maintain screening fence on the south; and no outside speakers
or lighting directed toward the residential areas, on the following described
property:
Lot 2, Block 1, Tract 1, Southwest Plaza Shopping Center, Tulsa County,
State of Oklahoma.
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Action
Requested:
Variance of required lot width in an AG district from 150 to 100 to
permit a lot split. SECTION
330. BULK AND AREA REQUIREMENTS IN
THE AGRICULTURE DISTRICTS Use Unit 6, located E of NE/c E. 86th St.
N. & Memorial.
Presentation:
Brenda Scrivner, 12303 E. Skelly Dr., stated she is with Jim
Walter Homes. Her clients were
getting a lot split to move in near their aging parents. The property has been in the family for
years. The parents have the larger
portion of the frontage.
Clyde Williams, 9227 E. 86th St. N., stated he and his
wife are the parents and are in support of this application.
Comments and
Questions:
Mr.
Alberty noted the property is two and one-half acres deep.
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, Tyndall, Dillard, Hutson "aye"; no
"nays"; no "abstentions"; no "absences") to APPROVE
a Variance of required
lot width in an AG district from 150 to 100 to permit a lot split, finding the
narrowness of the lot being created, and 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:
The W 100.00 of the S 1100.00 E/3 SE/4 SW/4 of Section 24, T-21-N,
R-13-E, of the IBM, Tulsa County, State of Oklahoma.
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Case No.
1992
Action
Requested:
Special Exception to allow Use Unit 14 in an IL zoned district. SECTION 910. PRINCIPAL USES PERMITTED IN INDUSTRIAL
DISTRICTS Use Unit 14; and a Variance of the required 75 setback from a R
district to 50. SECTION 930. BULK AND AREA REQUIREMENTS IN THE
INDUSTRIAL DISTRICTS, located 5079
W. 51st St.
Presentation:
Peggy
Gaytan,
P.O. Box 1810, Oakhurst, Oklahoma, stated they would like to use the property as
commercial for a smoke shop/convenience store with a drive-through. There is a residential property to the
east of the subject property. The
applicants spoke to the neighbors on that property and they do not object to the
application. They intend to
construct a privacy fence on the east to screen from the residential. Access to the property would be off of
51st St.
Comments and
Questions:
Mr.
Alberty read a letter from the Oklahoma Department of Transportation (Exhibit
C-1) regarding the right-of-way.
Ms. Gaytan responded they adjusted the setback for the proposed
right-of-way in their plans. Mr.
Beach commented there would be eleven required parking spaces with all-weather
surface and asked if they had planned for the parking. Ms. Gaytan replied that she was not
aware of this.
Interested
Parties:
Mike
Sitten,
10427 S. Oxford, stated interest in the type of construction that would be
used. Ms. Gaytan described the
plans for a one-story structure, built with metal studs, 40 X 60, with
drive-through window, vinyl siding, on a permanent concrete slab.
Board
Action:
On
MOTION
of Walker,
the Board voted 4-0-0 (Alberty, Walker, Tyndall, Dillard, Hutson "aye"; no
"nays"; no "abstentions"; no "absences") to APPROVE
a Special Exception to allow
Use Unit 14 in an IL zoned 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 of the
required 75 setback from a R district to 50, with conditions for parking
spaces as required and a six-foot screening fence, as presented, 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:
Lot 13, Block 2, Austins Subdivision, Tulsa County, State of Oklahoma, less and except a strip, piece or parcel of land lying in Lot 13, said parcel of land described by metes and bounds as follows: Beg. at the SW/c of said Lot 13; thence N along the W line of said Lot 13 a distance of 54.61; thence S 85°4804 E a distance of 163.22 to a point on the E line of said Lot 13, thence S along said E line a distance of 40.35 to the SE/c of said Lot 13; thence W along the S line of said Lot 13 a distance of 162.60 to the POB.
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Case No.
1993
Action
Requested:
Variance of the required 30 frontage on a public street to 0. SECTION 207. STREET FRONTAGE REQUIRED Use Unit 6; a
Variance of land area from 2.1 acres to 2.06 acres. SECTION 330. BULK AND AREA REQUIREMENTS IN THE
AGRICULTURE DISTRICTS; a Variance of land area from 2.1 acres to 1.749
acres. SECTION 330. BULK AND AREA REQUIREMENTS IN THE
AGRICULTURE DISTRICTS; and a Variance of lot area from 2 acres to 1.87 acres for
lot-split #19413. SECTION
330. BULK AND AREA REQUIREMENTS IN
THE AGRICULTURE DISTRICTS, located N of NE/c E. 176th St. N. &
Mingo Rd.
Presentation:
David L.
Brown,
11525 E. 156th St. N., Collinsville, Oklahoma, stated his purpose for
purchasing the property was to split the lots and build homes. He added that he bought ten full acres,
but discovered during the process there were two easements. The existing road was included in the
covenant agreements that it was to be available for everyone to use, even though
it was not a dedicated road.
Comments and
Questions:
Mr.
Walker asked about the number of lot splits he planned to obtain. Mr. Brown replied he planned on four lot
splits.
Interested
Parties:
Scott
Hodge,
9910 E. 182nd Pl. N., introduced his wife, Joyce
Hodge
of the same address. Ms. Hodge
reminded the Board that they were denied a similar request in November 2000 on
the basis that Mr. West stated it would set a precedent for the next two who
would purchase the other lots. She
added that it would be multiplied to four more homes. She recognized it as a development that
would require more approval. She
considered the hardship to be self-imposed. Mr. Hodge stated this is a rural AG
setting and they would be opposed to a development.
Ed
Cape,
17021 N. Memorial, Collinsville, Oklahoma, stated he is the original owner of
the subject property. He expressed
support of the variance and an interest in obtaining the same to sell the back
twenty acres. Mr. Alberty
informed Mr. Cape that subdivision regulations were written for this purpose.
Applicants
Rebuttal:
Mr.
Brown asked if the road could be dedicated without a plat. Mr. Alberty replied that it could
not.
Board
Action:
On
MOTION
of Walker,
the Board voted 4-0-0 (Alberty, Walker, Tyndall, Dillard "aye"; no "nays"; no
"abstentions"; Hutson "absences") to DENY
a Variance of the
required 30 frontage on a public street to 0; a Variance of land
area from 2.1 acres to 2.06 acres; a Variance of land area from
2.1 acres to 1.749 acres; and a Variance of lot area from 2 acres
to 1.87 acres for lot-split #19413, finding such a project needs to be under
sub-division regulations, on the following described
property:
Parcel I: A parcel or tract of land in the S/2 S/2 NW/4 of Section 6,
T-22-N, R-14-E of the IBM, Tulsa County, State of Oklahoma, more particularly
described as follows, to-wit: Commencing at the SW/c NW/4 of said Section 6,
thence N 00°1019 W along the W line of the NW/4 a
distance of 600.91; thence S 89°5940 E a distance of 331.26 to the POB;
thence continuing S 89°5940 E a distance of 331.26; thence S
00°1344 E a distance of 270.89; thence N
89°5949 W a distance of 331.39; thence N
00°1158 W a distance of 270.90 to the POB;
AND Parcel II: A parcel or tract of land in the S/2 S/2 NW/4 of Section 6,
T-22-N, R-14-E of the IBM, Tulsa County, State of Oklahoma, more particularly
described as follows, to-wit: Commencing at the SW/c NW/4 of Section 6; thence N
00°1019 W along the W line of the NW/4 a
distance of 600.91 to the POB; thence S 89°5940 E a distance of 331.26; thence S
00°1158 E a distance of 270.90; thence N
89°5949 W a distance of 331.39 to a point on
the said W line of the NW/4; thence N 00°1019 W a distance of 270.91 to the
POB.
*.*.*.*.*.*.*.*.*.*
Case No.
1994
Action
Requested:
Variance to permit a wholesale and retail brick and stone use in an AG
district. SECTION 310. PRINCIPAL USES PERMITTED IN THE
AGRICULTURE DISTRICT Use Unit 25; and a Variance of required all-weather
surface to permit gravel on back part of road. SECTION 1340.D. DESIGN STANDARDS FOR OFF-STREET PARKING
AREAS, located 1320 E of SE/c S. Lewis & 151st St. S.
Presentation:
Michael
Freeman,
5555 E. 71st St., Ste., 7201, stated he is the attorney for the
applicant, Walt Bishop. He
submitted a site plan (Exhibit D-1).
The property is in an AG district.
He pointed out that the Bixby Comprehensive Plan does not extend to this
property and it is not in the Bixby city limits or fence line. He stated that the hardship would be the
narrowness of the property, the only access being on 151st Street,
which is a major freeway access.
There is very little development along 151st Street, but there
are large advertising signs going up.
They propose to build a brick and stone business location, with an office
showroom and patio style display.
They planned for a dry- storage building at the back. They want an entrance from the
highway. The entry, driveway and
parking in the front would be paved, and the back portion of the lot would be
gravel. He expounded on the
benefits, such as the attractiveness of the business and that the City of Bixby
has planned for a six hundred-foot corridor strip. He also pointed out that the area is not
suitable for residential because of the impediments, water problems and other
problems. He compared this
application as similar to the mining operations that came before the Board in
that they would have stacked rock and brick.
Interested
Parties:
Jim
Coffey,
2925 E. Agee, Jenks, Oklahoma, stated he is a City Planner for the City of
Bixby. He pointed out that this
parcel of land is outside of the city limits of Bixby, but it is within the
corporate fence line. He noted that
the corridor is 2620 deep as adopted in the City of Bixby Comprehensive Plan in
September 1, 2001. The plan calls
for the area to be commercially zoned within the first 600. An ordinance was included that
established a panel of architectural committee to review everything within the
first 600 on both sides of Memorial within the city limits. The plan provided for the properties
further to the north or south to be residential. Mr. Coffey noted this application
requires some warehousing or on-site storage. In the City of Bixby it would require a
special exception in a commercial zone or light industrial.
Jack
Williams,
16032 S. Harvard, stated that he is in favor of economic development. He would consider this business light
industrial. He found in the Bixby
Master Plan that light industrial in a corridor zoning could only be granted as
a part of a planned unit development.
He noted that within one mile of this property are over 400 acres of
residentially zoned property, most of it RS-2. One quarter of a mile east of the
property and across the road is a development in progress for luxury homes. A quarter of a mile east of the property
is the edge of 300 acres already zoned RS-2. The City of Bixby has been extending
water and sewer lines to 151st and Harvard. He indicated a brickyard would have a
negative impact on the area. He
stated that the four-lane divided highway with 65 mph traffic would be dangerous
for vehicles entering and exiting the property.
Sam
Hollinger,
10005 S. Memorial, stated the area qualifies for a scenic highway, with numerous
estate properties, a golf course, and a very nice church building. He considers this business out of
character with the area and inappropriate for the location.
Greg
Hollinger,
3012 W. Vandalia Circle, Broken Arrow, Oklahoma, stated he was representing
several neighboring property owners, Scott Ashmore, Derick Bateman, and Jeff Van
Horne. These landowners intend to
build executive style homes. They
have nothing against the business, just the location. Mr. Hollinger pointed out that the
applicant knew before he bought the subject property that he did not have the
proper zoning for this business. He
noted that even though new construction has not begun, there are plans in
progress by numerous developers, landowners, and the City of Bixby for estates,
a school and utilities for this area.
Gladys
Parker,
2750 E. 151st Street, stated she and her husband own the property
west and adjacent to the subject property.
She informed the Board there are eight homes between Lewis and Harvard on
the south side and seven on the north side of 151st St. She submitted a notarized petition
(Exhibit D-2) in opposition to the application. She stated that the area is suitable for
homes. She submitted a photograph
of their home (Exhibit D-3). She
was opposed to the application.
Mike
Sitton,
10427 S. Oxford, stated he was opposed to the application.
James O.
Parker,
2750 E. 151st St., stated he has maintained a road to his property
for up to thirty-five years and now the applicant says he would not be able to
use it. He is opposed to the
business coming up to the edge of his property line.
Danny
OHendricks,
2808 E. 151st St., Bixby, stated he lives just east of Mr.
Parker. He does not consider the
location to be appropriate for the business. He stated that Bixby has the opportunity
to develop this area properly.
Applicants
Rebuttal:
Mr.
Freeman recognized the area is populated but sparsely. He noted to the Board that trees and a
difference in elevation would naturally screen the land. He reminded the Board that Bixby does
not totally control the land though they may in the future. They have a plan for commercial
zoning. There are no water lines or
sufficient utilities for residential.
The commercial traffic would not be measurably increased. The owner of the business already runs
his trucks on 151st St. from another location.
Comments and
Questions:
Mr.
Walker asked what plans they have for the other 1/3 of the property. Mr. Freeman indicated they planned to
leave it undeveloped.
Board
Action:
On
MOTION
of Walker,
the Board voted 4-0-0 (Alberty, Walker, Tyndall, Dillard "aye"; no "nays"; no
"abstentions"; Hutson "absent") to DENY
a Variance to permit a
wholesale and retail brick and stone use in an AG district; and a
Variance of required all-weather surface to permit gravel on back
part of road, 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:
The W/2 E/2 NW/4 of Section 20, T-17-N, R-13-E of the IBM, Tulsa County,
State of Oklahoma; less and except the N 250.00 thereof.
*.*.*.*.*.*.*.*.*.*
Case No.
1995
Action
Requested:
Variance of Section 207 requiring a minimum of 30 of frontage on a
public street to permit a lot-split for two existing dwellings with 0
frontage. SECTION 207. STREET FRONTAGE REQUIRED Use Unit 6,
located 6821 W. 25th St. S.
Presentation:
Renee
Cowen,
6821 W. 25th St. S., stated her extended family owns fourteen
acres. She informed the Board that
her parents helped all three of their children to build homes on the
property.
Comments and
Questions:
Mr.
Alberty asked when the homes were built.
Ms. Cowen replied that her brothers house was started in 1996 or
1997. Her sisters house is on W.
25th St. but she gave no dates.
She stated her own home was started in about 1998. He asked how they obtained building
permits. Ms. Cowen replied that
they went through Tulsa County and never had any difficulty getting
permits. Ms. Cowen indicated they
have been working to get the easement filed of record.
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, Tyndall, Dillard "aye"; no "nays"; no
"abstentions"; Hutson "absent") to APPROVE
a Variance of Section
207 requiring a minimum of 30 of frontage on a public street to permit a
lot-split for two existing dwellings with 0 frontage, as presented, subject to
the filing of the easement, finding this would correct something that was
probably issued by error due to complicated situations with the building
inspectors office, on the following described property:
Tract A: A tract of land in the SE/4 NE/4 of Section 18, T-19-N, R-12-E
of the IBM, being more particularly described as follows: Beg. at the NE/c of
the W/2 W/2 E/2 SE/4 NE/4 of said Section 18; thence S 0°0138
E along the E line of the W/2 W/2 E/2 SE/4 NE/4 of said Section 18 a distance of
489.00; thence N 85°5345
W a distance of 248.61; thence N 0°0316
W a distance of 471.26 to the N line of the SE/4 NE/4 Section 18; thence S
89°5917
E a distance of 248.19 to the POB; Tract B: A tract of land in the SE/4 NE/4 of
Section 18, T-19-N R-12-E, of the IBM, being more particularly described as
follows: Commencing at the NE/c W/2 W/2 E/2 SE/4 NE/4 of said Section 18; thence
N 89°5917
W a distance of 248.19 to the POB; thence continuing N 89°5917
E a distance of 248.19 to the NW/c E/2 W/2 SE/4 NE/4 of said Section 18; thence
S 0°0316
E along the W line of the E/2 W/2 SE/4 NE/4 of said Section 18 a distance of
453.50; thence S 85°5345
E a distance of 248.85; thence N 0°0316
E a distance of 471.26 to the POB; AND Tract C: A tract of land in the SE/4 NE/4 of
Section 18, T-19-N, R-12-E of the IBM, being more particularly described as
follows: Commencing at the NE/c W/2 W/2 E/2 SE/4 NE/4 of said Section 18; thence
S 0°0138
E along the E line of the W/2 W/2 E/2 SE/4 NE/4 of said Section 18 a distance of
489.00 to the POB; thence continuing S 0°0138
E a distance of 834.75 to the SE/c W/2 W/2 E/2 SE/4 NE/4 of said Section 18;
thence N 89°5808
W along the S line of the SE/4 NE/4 of said Section 18 a distance of 245.75;
thence N 0°0316
W a distance of 100.00; thence N 89°5808
W a distance of 250.00 to the W line of the E/2 W/2 SE/4 NE/4 of said Section
18; thence N 0°0316
W along the W line of the E/2 W/2 SE/4 NE/4 of said Section 18 a distance of
770.08; thence S 85°5345
E a distance of 497.46 to the POB, all tracts in Tulsa County, State of
Oklahoma.
*.*.*.*.*.*.*.*.*.*
Case No.
1984
Action
Requested:
Amendment of an approved site plan to permit a 24 x 60 temporary
classroom, and a permanent classroom addition, located 13413 E. 106th
St. N.
Presentation:
The applicant was not
present.
Board
Action:
On
MOTION
of Walker,
the Board voted 4-0-0 simultaneously (Alberty, Walker, Tyndall, Dillard "aye";
no "nays"; no "abstentions"; Hutson "absent") to CONTINUE
Case No.
1984
and the following Case No.
1985
to the meeting on September 17, 2002, regarding the following described
property:
Lot 1, Block 1, Owasso Freewill Baptist Church, a subdivision in the SE/4 of the SW/4 of Section 9, T-21-N, R-14-E; AND 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 88°4440 E along the Sly line of said Section 9 for 390.00; thence N 01°1358 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 01°1358 W and parallel with the Wly line of said SE/4 SW/4 for 1002.52; thence N 88°4437 E for 593.73; thence S 11°1259 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 88°4437 W along the Nly line of said Lot 1 for 453.47 to the NW/c of Lot 1; thence S 01°13 58 E along the Wly line of Lot 1 for 633.00 to the SW/c of Lot 1; thence S 83°0202 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 88°4440 E and along the S line of said SE/4 SW/4 a distance of 175.93; thence N 1°1520 W a distance of 50.00; thence N 83°0152 E a distance of 215.16; thence N 1°1358 W a distance of 1002.52; thence S 88°4437 W a distance of 390.02 to the W line of the SE/4 SW/4; thence S 1°1358 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 88°4437 E a distance of 983.75 to a point 100.00 W of and at a right angle to the W line of US-169; thence N 11°1716 E a distance of 74.14; thence N 3°1537 E a distance of 605.72; thence N 1°1803 W a distance of 249.65; thence S 88°4437 W a distance of 1046.98 to a point on the W line of said E/2 SW/4; thence S 1°1353 E a distance of 929.36 to the POB, Tulsa County, State of Oklahoma.
*.*.*.*.*.*.*.*.*.*
AND:
Case No.
1985
Action
Requested:
Special Exception to allow an outdoor activity (Use Unit 2) fireworks
stand in a CH zoned district, from June 15, 2003 through July 5, 2003. SECTION 710. PRINCIPAL USES PERMITTED IN COMMERCIAL
DISTRICTS Use Unit 2, located 5732 S. 49th W. Ave.
Presentation:
The
applicant was not present.
Board
Action:
On
MOTION
of Walker,
the Board voted 4-0-0 (Alberty, Walker, Tyndall, Dillard "aye"; no "nays"; no
"abstentions"; Hutson "absent") simultaneously with Case No. 1984 to CONTINUE
Case No. 1985 to the meeting on September 17, 2002, on the following described
property:
Part N/2 SE Beg. 505.10 E SW/c NW SE, thence E 1131.80 NE 134.77 NE 74.44 NW
489.87 SWly curve right 1036.77 POB, less Beg. 1407.4 E SW/c N/2 SE, thence
NW 64.51 NE 29.66 NE 225.21 SE 139.69 SW 13.51 SW 134.77 W 229.50 POB,
Tulsa County, State of Oklahoma.
*.*.*.*.*.*.*.*.*.*
There being no further business, the meeting was adjourned at 5:10 p.m.
Date approved: ___________________________________
___________________________________
Chair