COUNTY BOARD OF ADJUSTMENT

MINUTES of Meeting No. 270

Tuesday, November 19, 2002, 1:30 p.m.

County Commission Room

Room 119

County Administration Building

MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT OTHERS PRESENT

Alberty, Chair	Butler	West, Co. Inspections
Dillard, Vice Chair	Beach
Walker
Hutson
Tyndall

The notice and agenda of said meeting were posted at the City Clerk’s office, Friday, November 19, 2002 at 8:21 a.m., as well as, in the Office of INCOG, 201 W. 5^th St., Suite 600 City Hall.

After declaring a quorum present, Chair Alberty called the meeting to order at 1:30 p.m.

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MINUTES

The Minutes of October 15, 2002 (No. 269) will be presented for approval at the December 17, 2002 (No. 271) CBOA meeting.

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NEW BUSINESS

Case No. 2009

Action Requested:

Variance of the required 30’ frontage on a public street or dedicated right-of-way to 0’ for a lot-split. SECTION 207. STREET FRONTAGE REQUIRED – Use Unit 6, located E of NE/c W. 57^th St. & 201^st W. Ave.

Presentation:

Art Parcells, 2951 E. 56^th Ct., stated he requested the variance to obtain a lot-split. He stated he put the 60’ easements on record.

Comments and Questions:

Mr. Alberty noted that Mr. Parcells mentioned easements and questioned if he meant dedicated roadway. Mr. Parcells indicated that he offered the road as a public roadway, but the County has not accepted it yet. After further questioning, Mr. Parcells responded that he has not looked into the County specifications since before 1980, and it is a gravel road. He is the developer of other tracts nearby that have been split. He stated that he has filed mutual access easements and submitted documentation (Exhibits A-1). Mr. Alberty pointed out the documents have not been stamped as filed. Mr. Parcells stated the copies were made before the filing.

Mr. Alberty asked Mr. Beach if there has been any relevant previous action. Mr. Beach responded there has not been any action on this property or within the same section.

Interested Parties:

There were no interested parties who wished to speak.

Board Action:

On MOTION of Walker, the Board voted 5-0-0 (Alberty, Walker, Tyndall, Dillard, Hutson "aye"; no "nays"; no "abstentions"; no "absences") to DENY a Variance of the required 30’ frontage on a public street or dedicated right-of-way to 0’ for a lot-split, finding it would 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/2 NE NW SE, Section 35, T-19-N, R-10-E, Tulsa County, State of Oklahoma.

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Case No. 2010

Action Requested:

Variance of the required 30’ frontage on a public street or dedicated right-of-way to 0’. SECTION 207. STREET FRONTAGE REQUIRED – Use Unit 6, located 2004 E. 171^st St. N.

Presentation:

Jim Willingham, 107 E. 186^th St. N., Skiatook, Oklahoma, stated he is the builder for the property owner. He added that he didn’t know what was done in the division of the land. He understood that the original property was fifty acres and it was divided into five acre lots.

Comments and Questions:

Mr. Walker pointed out that the plat shows a 66’ road right-of-way and a 33’ road right-of-way, but it is not dedicated. Mr. Alberty noted that Lots 1-9 are not platted, making an illegal subdivision.

Interested Parties:

There were no interested parties who wished to speak.

Board Action:

On MOTION of Walker, the Board voted 5-0-0 (Alberty, Walker, Tyndall, Dillard, Hutson "aye"; no "nays"; no "abstentions"; no "absences") to DENY a Variance of the required 30’ frontage on a public street or dedicated right-of-way to 0’, finding it would 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/2 NE NW SE Section 7, T-22-N, R-13-E, Tulsa County, State of Oklahoma.

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Case No. 2011

Action Requested:

Variance to allow two dwelling units on one 2.7 acre lot zoned AG. SECTION 208. ONE SINGLE-FAMILY DWELLING PER LOT OF RECORD – Use Unit 6, located 3029 E. 151^st St.

Presentation:

Olan Guthrie, 3049 E. 151^st St., stated they need a variance for his son to place an 80’ x 27’ doublewide mobile home on the property. They propose to keep it there for three to four years on a temporary basis.

Interested Parties:

Rosemary Priest, 9208 N. 137^th E. Ave., Owasso, Oklahoma, stated concern there are not other mobile homes in the area. There are several large homes around. She hoped that whatever doublewide is placed would be in keeping with the architecture and lay of the land so that it does not decrease the value of other homes and property nearby.

Applicant’s Rebuttal:

Mr. Guthrie stated he could almost guarantee that it would not take away from anyone else’s home.

Comments and Questions:

Mr. Alberty stated that the placement of a mobile home is not an issue, but the temporary basis might be. He added that no hardship was given other than personal. Mr. Walker stated he could not support the case because of insufficient land area for two dwelling units. He also noted the flat topography without anything crossing the property that would require relief. Mr. Hutson stated he found nothing peculiar about the land to cause a hardship. He continued that three years does not seem temporary to him.

Board Action:

Part SE SE Beg. SW/c SE SE; thence N 353.63’ E 307.95’ S 353.63’ W 307.95’ POB and Beg. 307.95’ E and 353.63’ N; SW/c SE SE, thence N 147.00’ SW on creek to point, thence E 120.00’ POB, Section 17, T-17-N, R-13-E, Tulsa County, State of Oklahoma.

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Case No. 2012

Action Requested:

Special Exception to allow three manufactured dwellings in an RE zoned district. SECTION 410. PRINCIPAL USES PERMITTED IN RESIDENTIAL DISTRICTS – Use Unit 9; and a Variance to allow three dwelling units on one lot of record. SECTION 208. ONE SINGLE-FAMILY DWELLING PER LOT OF RECORD, located 320 W. 92^nd St. N.

Presentation:

Jane Lewis, 161 N. Erie Pl., stated she proposes to purchase the subject property contingent on the outcome of this application. The three mobile homes would be for family members.

Comments and Questions:

Mr. Tyndall asked what exists on the property. Ms. Lewis replied there are only some storage buildings on the property now. She informed the Board there was previously a mobile home but it was removed.

Interested Parties:

Tom Thomas, 9103 N. Osage Dr., stated he owns the ten acres directly south of the property. He stated concern that three mobile homes would be allowed on one lot permanently. He added that he and other neighbors do not want a mobile home park started on the property.

Comments and Questions:

Mr. Walker stated there was sufficient property to allow about two acres per dwelling unit.

Board Action:

On MOTION of Walker, the Board voted 5-0-0 (Alberty, Walker, Tyndall, Dillard, Hutson "aye"; no "nays"; no "abstentions"; no "absences") to APPROVE a Special Exception to allow three manufactured dwellings in an RE 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 to allow three dwelling units on one lot of record, on condition that the units be occupied by family members only, DEQ approval, building permit, and all other Code requirements, on the following described property:

Part SW NE, Beg. 700.00’ E and 175.00’ S NW/c SW NE, thence S 815.00’ W 267.00’ N 815.00’ E 267.00’ to a POB, less N 25.00’ thereof, Section 23, T-21-N, R-12-E, Tulsa County, State of Oklahoma.

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Case No. 2013

Action Requested:

Variance of land area per dwelling unit from 2.1 to 1.47 acres to permit two dwelling units in an AG district. SECTION 330. BULK AND AREA REQUIREMENTS IN THE AGRICULTURE DISTRICTS – Use Unit 6, located 16312 S. Yale Ave.

Presentation:

Raymond Lomax, 16312 S. Yale, Bixby, Oklahoma, stated the property is 600’ deep. He added that the house is old and proposes to place a new mobile home on the property. Mr. Lomax stated there is still a mortgage on the house. He informed the Board that he would either move a family member in the old house or it would be vacant. There is a natural drainage bed across the property behind the house.

Interested Parties:

There were no interested parties who wished to speak.

Board Action:

On MOTION of Walker, the Board voted 4-1-0 (Alberty, Walker, Tyndall, Dillard "aye"; Hutson "nay"; no "abstentions"; no "absences") to DENY a Variance of land area per dwelling unit from 2.1 to 1.47 acres to permit two dwelling units in an AG district, finding it would 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:

The E/2 of the S 200.00’ NE/4 NE/4 of Section 28, T-17-N, R-13-E of the IBM, Tulsa County, State of Oklahoma, subject to a 25.00’ wide easement for ingress and egress over the S 30.00’ thereof.

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OTHER BUSINESS

CBOA 2003 Meeting Schedule

Board Action:

On MOTION of Tyndall, the Board voted 5-0-0 (Alberty, Walker, Tyndall, Dillard, Hutson "aye"; no "nays"; no "abstentions"; no "absences") to APPROVE the CBOA 2003 Meeting Schedule as presented.

There being no further business, the meeting was adjourned at 2:20 p.m.

Date approved: ___________________________________

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Chair