CITY BOARD OF ADJUSTMENT
Tuesday,
June 12, 2001, 1:00 p.m.
Francis F.
Campbell City Council Room
Plaza Level
of City Hall
Tulsa Civic
Center
MEMBERS
PRESENT MEMBERS ABSENT STAFF PRESENT OTHERS
PRESENT
|
Dunham,
Vice Chair |
Cooper |
Beach |
Jackere,
Legal |
|
Perkins Turnbo |
White
|
Butler |
Cartner,
Zoning
Official |
|
|
|
|
Ballentine, Zoning
Official |
The notice and agenda of said meeting was posted in the Office of INCOG, 201 W. 5th St., Suite 600, on Monday, June 11, 2001, at 9:40 a.m., as well as at the City Clerk’s office, City Hall.
After declaring a quorum present, Vice-Chair, Dunham called the meeting to order at 1:00 p.m.
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Mr. Beach stated that staff requests a Continuance to June 26, 2001. The applicant, a church was asking for
relief from some landscaping requirements several meetings ago. They have the landscape plans prepared
and most likely will withdraw this request but it has not officially been
withdrawn yet.
Board
Action:
On MOTION of Turnbo, the Board voted 3-0-0 (Dunham, Perkins, Turnbo “aye”, no “nays”, no “abstentions”, White, Cooper “absent”) to APPROVE a CONTINUANCE of Case No. 19043 to the meeting on June 26, 2001.
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Rick Ford, Reunion Center, Ste. 1000, 9 E. 4th St.,
stated he represented the applicant.
He stated that they learned of a written letter of objection to the Board
by an adjacent business owner. They
have been working with the neighbors in the R district and Mr. Frank Comp,
President of the Tracey Park Homeowners Association. They would like time to discuss the
concerns with the adjacent business owner and to work on revisions of the
language of the request to satisfy the above-mentioned interested parties.
Board
Action:
On MOTION of Perkins, the Board voted 3-0-0 (Dunham, Perkins, Turnbo “aye”, no “nays”, no
“abstentions”, White, Cooper “absent”) to APPROVE a
CONTINUANCE of Case No. 19090 to the meeting on June 26,
2001.
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Mr. Beach stated that the applicant has requested a continuance for three
months, which would be the meeting on September 11, 2001. The applicant was not present.
Board
Action:
On MOTION of Turnbo, the Board voted 3-0-0 (Dunham, Perkins, Turnbo “aye”, no “nays”, no
“abstentions”, White, Cooper “absent”) to APPROVE a
CONTINUANCE of Case No. 19099 to the meeting on September 11,
2001.
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Mr. Beach stated there is a timely request for continuance to the meeting
on July 24, 2001. The applicant,
Roy D. Johnsen stated that he spoke with the spokesman for the neighborhood
association and advised that he would be seeking a continuance and the spokesman
had no objection.
Board
Action:
On MOTION of Turnbo, the Board voted 3-0-0 (Dunham, Perkins, Turnbo “aye”, no “nays”, no
“abstentions”, White, Cooper “absent”) to APPROVE a
CONTINUANCE of Case No. 19102 to the meeting on July 24,
2001.
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MINUTES:
On MOTION of Turnbo,
the Board voted 3-0-0 (Dunham, Perkins,
Turnbo “aye”, no “nays”, no “abstentions”, White, Cooper “absent”) to
APPROVE the Minutes
of April 24, 2001 (No. 817).
On MOTION of Turnbo, the Board
voted 3-0-0 (Dunham, Perkins, Turnbo
“aye”, no “nays”, no “abstentions”, White, Cooper “absent”) to
APPROVE the Minutes
of May 8, 2001 (No. 818).
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Action
Requested:
Special Exception to permit an outdoor flea market in a CG district. SECTION 901. PRINCIPAL USES PERMITTED IN INDUSTRIAL DISTRICTS – Use Unit 2; and a Variance to permit parking on a lot other than the one containing the principal use. SECTION 1301.D. OFF-STREET PARKING AND OFF-STREET LOADING; GENERAL REQUIREMENTS, located 2626 W. Skelly Dr.
Presentation:
Mr. Beach stated that the applicant was not present at the meeting in May
and not currently present to present his case.
Comments and
Questions:
Mr. Jackere stated that the legal department was concerned that the time
limitation for hearing the case would be up in a couple of days. He suggested the Board deny the case if
the applicant did not appear at this hearing.
Board
Action:
The
Board tabled the case until later on the agenda.
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Action
Requested:
Special Exception to permit under Use Unit 5, private school, athletic
facilities, buildings and fields in the OM and RM-1 zoning districts. SECTION 401. PRINCIPAL USES PERMITTED IN RESIDENTIAL
DISTRICTS and SECTION 601.
PRINCIPAL USES PERMITTED IN OFFICE DISTRICTS – Use Unit 5; a Variance to
permit the minimum of 700 off-street parking spaces for the 2,800 seat capacity
football, soccer and track stadium bleachers to satisfy the combined off-street
parking requirements for the football, soccer and track stadium and the existing
baseball and softball fields.
SECTION 1205.C. USE UNIT 5.
COMMUNITY SERVICES AND SIMILAR USES, Off-Street Parking and Loading
Requirements; and a Variance to permit a part of the off-street parking spaces
required for the football, soccer and track stadium bleachers to be located on a
lot other than the lot containing the stadium. SECTION 1301.D. GENERAL REQUIREMENTS, located E side of
S. Wheeling, N of E. 78th St.
Presentation:
Charles Norman, 2900 Mid-Continent Tower, stated he represented
Victory Christian Center and their school. In March of last year the Board
approved a site plan for this property for future high school building and gymnasium. They have an amended site plan (Exhibit
A-1) and negotiated with the developers.
He submitted a letter of the formal amendment (Exhibit A-2). The 700 parking spaces in the
previously approved plans are still available. The hardship was that these spaces
satisfy the requirements for the football and soccer field and other games would
never generate the need for that much parking. It would be unlikely that all of
these athletic fields would be used at the same time as a major event.
Interested
Parties:
There
were no interested parties present who wished to speak.
Board
Action:
On
MOTION
of Perkins,
the Board voted 3-0-0
(Dunham, Perkins, Turnbo “aye”, no
“nays”, no “abstentions”, White, Cooper “absent”) to APPROVE a
Special
Exception to permit
under Use Unit 5, private school, athletic facilities, buildings and fields in
the OM and RM-1 zoning districts; a Variance to permit the minimum
of 700 off-street parking spaces for the 2,800 seat capacity football, soccer
and track stadium bleachers to satisfy the combined off-street parking
requirements for the football, soccer and track stadium and the existing
baseball and softball fields; and a Variance to permit a part of
the off-street parking spaces required for the football, soccer and track
stadium bleachers to be located on a lot other than the lot containing the
stadium, per amended site plan Exhibit C and the new Exhibit E, finding the
hardship is that the off-street parking meets the Code for football and soccer
and there would not be multiple events at one time, on the following described
property:
Lot 1, Block 15, Kensington, Blocks 15, & 17, AND a part of the S/2
NE/4 of Section 7, T-18-N, R-13-E, more particularly described as follows:
Commencing at a point on the S line of the NE/4 of Section 7, T-18-N, R-13-E,
and 50’ W of the E line of said Section 7; thence N 89º48’42” W a distance of
880.00’; to the POB; thence S 0º10’03” W a distance of 370.00’; thence N
89º48’42” W a distance of 414.10’; thence N 89º48’42” W a distance of 414.10’;
thence N 0º10’03” E a distance of 554.75’; thence S 89º48’42” E a distance of
364.10’; thence S 0º10’03” W a distance of 185.00’; thence S 89º48’42” E a
distance of 50.00’; to the POB; AND a part of the S/2 NE/4 of Section 7, T-18-N,
R-13-E, more particularly described as follows: Commencing at a point on the S
line of the NE/4 of Section 7, T-18-N, R-13-E, and 50’ W of the E line of said
Section 7; thence N 89º48’42” W a distance of 880.00’; thence S 0º10’03” W a
distance of 370.00’; thence N 89º48’42” W a distance of 414.10’ to the POB;
thence continuing N 89º48’42” W a distance of 392.43’; thence N 0º10’03” E a
distance of 554.89’; thence S 89º48’42” E a distance of 392.43’; thence S
0º10’03” W a distance of 554.75’; to the POB; AND a part of the S/2 NE/4 of
Section 7, T-18-N, R-13-E, more particularly described as follows: Commencing at
a point on the S line of the NE/4 of Section 7, T-18-N, R-13-E, and 50’ W of the
E line of said Section 7; thence N 89º48’42” W a distance of 880.00’; thence S
0º10’03” W a distance of 370.00’; thence N 89º48’42” W a distance of 806.53’ to
the POB; thence continuing N 89º48’42” W a distance of 298.47’ to the E boundary
of Block 13, Kensington Addition; thence continuing N 89º48’42” W a distance of
20’ to the Ely right-of-way of S Wheeling Ave.; thence N 0º10’03” E along said
right-of-way, a distance of 555.00’; thence S 89º48’42” E a distance of 20.00’
to a point on the Ely boundary of said Block 13, Kensington Addition; thence
continuing S 89º48’42” E a distance of 313.47’; thence S 0º10’03” W a distance
of 554.89’; to the POB, all in the City of Tulsa, Tulsa County, State of
Oklahoma.
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Action
Requested:
Special Exception to permit indoor auto sales in a CS district. SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL DISTRICTS – Use Unit 17; and a Appeal of the Neighborhood Inspector’s determination that an inoperable or unlicensed vehicle(s) stored on the front or exterior side yard and/or vehicle(s) parked on private property is not on an all-weather surface, located 718 South Lewis.
Presentation:
Mark Lyons, attorney, 616 S. Main, Ste. 201, stated he represented
the applicant. The existing
building at eighth and Lewis is zoned for auto repair. The applicant desires to have the use of
one-half of the building for auto repair and one-half for auto sales. Mr. Lyons listed four property owners of
nearby property, Freddie Willis, Michael Alley, Robert Young, and Wally Harbert
as present and in support of the application. He described the autos for sale as
expensive sports cars. There are no
plans for outside advertising, no outdoor storage of vehicles for sale. All business would be by appointment
only. There are six existing striped parking spaces
for employees and customers.
There would be no storage of inoperable vehicles.
Comments and
Questions:
Mr. Dunham asked about outside storage of vehicles. Mr. Lyons pointed out that the cars would be too expensive to leave outside overnight. The cars would be kept in a temperature-controlled climate and shown inside by appointment only. Ms. Perkins asked if the applicant was still asking for the appeal to the Neighborhood Inspections office. John Reaves, 8714 S. 65th E. Pl., the property owner, stated that the whole property is covered with an all-weather surface and they striped the off-street parking spaces within 24 hours of the notice given. He desired to withdraw the appeal.
Interested
Parties:
Tim Cartner,
with the Neighborhood Inspections informed the Board of a computer error that
led to the notice given to the applicant.
Fred
Willis,
802 S. Lewis stated the applicant has not cause a parking problem. He has improved the property.
Wally
Harbert,
809 S. Lewis, stated the business is a positive addition to the
neighborhood. He expects the
business to stabilize the neighborhood and increase property values.
Michael Alley, 2256
E. 7th St., stated he lives next door to the business. He has no objection and agrees with the
above supporting statements.
Robert Young,
710 S. Lewis, was in agreement with the above supporting statements.
Maria
Barnes,
2252 E. 7th St., President of the Kendall-Whittier Neighborhood
Association, submitted letters of opposition (Exhibits B-2 through B-5) and
photographs (Exhibit B-1). She
stated that this application would not be consistent with the plans for green
space. She stated complaints
of acceleration of motors, racing
down 8th St. for test-drives, and obstruction of view for motorists
by parked cars at 8th and Lewis.
David
Keener,
1926 N. Elwood, stated there is no space for safely loading and unloading cars
at this location. He complained
that the parked cars block the next-door driveway.
Dan
McCaskill,
2437 E. 3rd St., President of the Kendall Neighborhood Homeowners and
Tenants Association stated they oppose the application. He indicated the building is inadequate
in size for this type of facility.
Applicant’s
Rebuttal:
Mr. Reaves refuted the statement that his cars are driven at high rates
of speed on the residential streets.
He stated that parked vehicles shown in the photographs submitted are in
their legally marked parking spaces.
He informed the Board that they never use 7th or
8th Streets to load an unload cars because they have space in front
of the building. He stated his only
request is to be allow to sell high dollar cars inside the existing building and
work within the best interests of his community and business.
Board
Action:
On
MOTION
of Perkins,
the Board voted 2-1-0
(Perkins, Turnbo “aye”, Dunham “nay”, no
“abstentions”, White, Cooper “absent”) to APPROVE
a
Special
Exception to permit indoor auto
sales in a CS district. The
application was DENIED for lack of three affirmative votes.
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Action
Requested:
Special Exception to permit a manufactured home in an RS-3 district. SECTION 401. PRINCIPAL USES PERMITTED IN
RESIDENTIAL DISTRICTS – Use Unit 9; a Special Exception to permit the
manufactured home permanently.
SECTION 404.E.1. SPECIAL EXCEPTION USES IN RESIDENTIAL DISTRICTS,
REQUIREMENTS; and a Variance to permit two dwellings on one lot of record. SECTION 207. ONE SINGLE-FAMILY DWELLING
PER LOT OF RECORD, located 2605 East 49th Street North.
Presentation:
Patsy Powell, 1334 N. Boston Pl., stated she proposes to place a
mobile home on the subject property on a permanent foundation with
skirting. She desires relief for
two dwellings on one lot of record.
Interested
Parties:
Don Risten, 2515
E. 49th St. N., stated his concern regarding storm water from creek
and detention pond. He indicated
that her property is in a flood plain. He stated there is no sewer
system. Mr. Dunham commented that
the Department of Environmental Quality and Storm Water Management would deal
with those issues before a sewage system could be approved or a building permit
would be issued.
Eddie
Neal,
2520 E. 49th St. N., was concerned regarding crime and safety issues
in the area.
Darlene Hill, 2601
E. 49th St. N., stated her support of her mother moving onto the
property.
Comments and
Questions:
Mr. Dunham commented that the lot
may not be large enough for two septic tanks. Ms. Perkins stated that October 13, 1998
the previous Board action allowed a mobile home with two dwellings on one lot of
record.
Board
Action:
On MOTION of Perkins, the Board voted 3-0-0 (Dunham, Perkins, Turnbo “aye”, no “nays”, no
“abstentions”, White, Cooper “absent”) to APPROVE
a
Special Exception to permit a
manufactured home in an RS-3 district; a Special Exception to
permit the manufactured home permanently; and a Variance to permit
two dwellings on one lot of record, finding the hardship that the Board has
approved similar actions and the size of the lot, on the following described
property:
The N 132’ of W/2
of NE/4 of SE/4 of NW/4 of SW/4 of Section 8, T-20-N, R-13-E of IBM, City of
Tulsa, Tulsa County, Oklahoma, and an easement for access being the E 15’ of W
122’ of S 198’ of W/2 of NE/4 of SE/4 of NW/4 of SW/4.
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Action
Requested:
Special Exception to allow expansion of existing neighborhood community center and common area maintenance facility into an AG zoned lot, separate from existing RS-3 lot. SECTION 301. PRINCIPAL USES PERMITTED IN THE AGRICULTURE DISTRICT -- Use Unit 5, located 2100 W. Seminole.
Presentation:
Michael Hackett, 406 S. Boulder, Ste. 642, stated he represented
Gilcrease Hills Homeowners Association.
He introduced Larry Duke, manager of the association that could address
any operational issues or other.
They propose to build
a maintenance facility on a 5.87 acre tract that is not zoned AG, near the
community center. They want an
indoor storage area to park a tractor, other vehicles and lawn care
equipment. This would be used only
for the landscaping and lawn care for the community center and common area of
the neighborhood. It would be low
intensity use and not clearly visible to neighborhood.
Comments and
Questions:
Mr. Dunham asked about the request to expand the community center. Mr. Hackett responded that they do not
have plans to expand the community center.
Interested
Parties:
Mary Felder,
2351 W. Tecumseh, stated she was opposed to the proposed site and she did not
feel they needed that much storage space.
David
Maxwell,
1808 N. Xenophon Ave., just wanted to know the actual proposed site for the
building. He was not opposed to the
plans.
Applicant’s
Rebuttal:
Mr. Hackett stated that they have 400 to 500 acres to maintain, and they
have too much equipment to store in the existing facility.
Comments and
Questions:
Mr. Dunham asked the applicant if there would be any maintenance of
equipment or activities that would create noise or detract from the area. Mr. Hackett replied that everything done
at the building would be done within the building. Mr. Dunham asked for the hours of
operation. Mr. Hackett stated that
hours would be 7:30 a.m. to 4:30 p.m. Tuesday through Saturday.
Board
Action:
On MOTION of Perkins, the Board voted 3-0-0 (Dunham, Perkins, Turnbo “aye”, no “nays”, no
“abstentions”, White, Cooper “absent”) to APPROVE
a
Special
Exception to allow expansion of
existing neighborhood community center and common area maintenance facility into
an AG zoned lot, separate from existing RS-3 lot, with the conditions that all
storage be kept inside, no maintenance to be done on any equipment outside the
building, hours of operation when the equipment can be used from 7:00 a.m. to
4:30 p.m. Tuesday through Saturday, building for accessory use for the
maintenance of the common green area of Gilcrease Hills Subdivision only, on the
following described property:
A tract of land situated in the S/2 SE/4 SW/4 NW/4 of Section 27, and the
NE/4 NW/4 SW/4 of Section 27, T-20-N, R-12-E, of the IBM, being more
particularly described as follows: Beg. at the NE/c NE/4 NW/4 SW/4; thence S
0º27;19” W along the E line of said NE/4 NW/4 SW/4 a distance of 628’; thence
due W a distance of 160’; thence N 51º11’26” W a distance of 288’; thence N
2º52’34” W a distance of 200’;
thence N 30º00’17” W a distance of 140’; thence due N a distance of 133.04’ to
an intersection with the N line of the said NE/4 NW/4 SW/4; thence continuing
due N along a line in the S/2 SE/4 SW/4 NW/4 a distance of 56.77’; thence S
83º07’56” a distance of 472.88’ to an intersection with the E line of the said
S/2 SE/4 SW/4 NW/4; thence S 0º14’12” W along the E line of said S/2 SE/4 SW/4
NW/4 a distance of 6.77’ to the SE/c thereof and the POB, more or less, City of
Tulsa, Osage County, State of Oklahoma
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Action
Requested:
Special Exception to permit an outdoor activity in an AG zoned district
for Gatesway International Balloon Festival, August 17, 18 and 19, 2001. SECTION 301. PRINCIPAL USES PERMITTED IN THE
AGRICULTURE DISTRICT -- Use Unit 2, located SE/c E. 66th St. & S.
Mingo Rd.
Presentation:
Stacy Conner, 116 W. Commercial, Broken Arrow, Oklahoma, stated
they desire to hold the three-day Gatesway Balloon Festival at 66th
and Mingo. A site plan (Exhibit
C-1) was submitted for this application.
Comments and
Questions:
Mr. Dunham asked where the parking would be located. Ms. Conner replied that they did not
have designated parking, but would shuttle people to the location.
Interested
Parties:
Matt Latimer,
7912 E. 31st Ct., Ste. 200, stated he represented the owner of Mingo
Market Place, southeast of the proposed location. They are concerned that the overflow
parking would cause them to need security for their own parking lot. He asked for time to discuss this with
the applicant to work out agreeable plans.
Board
Action:
The case was tabled to the end of the agenda.
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Action
Requested:
Special Exception to reduce required parking for a non-conforming bar from 32 spaces to 11 spaces. SECTION 1408.B. ADULT ENTERTAINMENT ESTABLISHMENTS -- Use Unit 12a. & 13, located 716 and 720 N. Sheridan.
Presentation:
Dan Mordhurst, 2607 E. 57th St., requested a
continuance. He stated he had a
pending case that would make this application unnecessary.
Comments and
Questions:
Mr. Beach commented that staff had some questions regarding this
application and even though it is
not a timely request if he is acquiring more property it would be better for the
city.
Mr. Beach asked what
prompted this application. Mr.
Mordhurst replied when he applied for a new liquor license and a change in
requirements for an occupancy permit. Mr. Jackere informed Mr. Mordhurst
that his business is no longer non-conforming because he does not meet the new
requirements for parking. Mr.
Jackere informed the Board that he cannot operate his business without an
occupancy permit and liquor license.
Board
Action:
On MOTION of Perkins, the Board voted 3-0-0 (Dunham, Perkins, Turnbo “aye”, no “nays”, no
“abstentions”, White, Cooper “absent”) to APPROVE
a CONTINUANCE
of Case No. 19091 to the meeting on July 10, 2001.
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The request
and presentation were entered previously in these minutes.
Board
Action:
On MOTION of
Perkins, the Board voted 3-0-0 (Dunham, Perkins, Turnbo “aye”, no “nays”, no
“abstentions”, White, Cooper “absent”) to APPROVE
a Special Exception to permit
an outdoor activity in an AG zoned district for Gatesway International Balloon
Festival, August 17, 18 and 19, 2001, per plan, on the following described
property:
Lot 1, Block 1,
Asbury United Methodist Church, City of Tulsa, Tulsa County, State of
Oklahoma.
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Case No. 19092
Action
Requested:
Minor Special Exception to allow a detached accessory building to be located on a lot other than the lot containing the principal use. SECTION 1608.A.11. SPECIAL EXCEPTION, General -- Use Unit 6, located 1116 E. Haskell Pl.
Presentation:
Raymond Miller, 1116 E.
Haskell Pl., stated in 1995 he bought the property as an empty lot and moved a
house onto the lot. He purchased
two lots next door and obtained a tie-agreement.
Interested
Parties:
There
were no interested parties present who wished to speak.
Board
Action:
On MOTION of Turnbo, the Board voted 3-0-0 (Dunham, Perkins, Turnbo “aye”, no “nays”, no
“abstentions”, White, Cooper “absent”) to APPROVE
a Minor Special
Exception to allow a detached
accessory building to be located on a lot other than the lot containing the
principal use, with the understanding there be a tie-contract that is executed
and filed of record, on the following described property:
Lots 19-22, Block
4, Frisco Addition, City of Tulsa, Tulsa County, State of
Oklahoma.
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Presentation:
Mr. Dunham announced that one of the Board members would need to abstain
from this case and they would not have a quorum to vote. He stated that the Board would continue
the case to a future meeting.
Interested
Parties:
An
interested party asked if the case could be delayed until after June 26,
2001.
Board
Action:
On MOTION of Turnbo, the Board voted 3-0-0 (Dunham, Perkins, Turnbo “aye”, no “nays”, no
“abstentions”, White, Cooper “absent”) to CONTINUE Case No.
19100 to the meeting on July 10, 2001.
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Action
Requested:
Variance of the allowable square footage for accessory building from 750 sq. ft. to 1,177 sq. ft. SECTION 402.B.1.d. ACCESSORY USES IN RESIDENTIAL DISTRICTS, Accessory Use Conditions -- Use Unit 6, located N of W. Apache St. & W of N. Denver.
Presentation:
Scott Trizza, 2626 N. Denver Ave., stated he proposes to build a
750 square foot accessory building, two-car garage on eight acres zoned
RS-3. The hardship is the size of
the lot. He stated that his
neighbors do not object to the application.
Interested
Parties:
R.V. Anderson,
2720 N. Cheyenne, stated that he has no objection to the application.
Board
Action:
On MOTION of Perkins, the Board voted 3-0-0 (Dunham, Perkins, Turnbo “aye”, no “nays”, no
“abstentions”, White, Cooper “absent”) to APPROVE a
Variance of the allowable square footage for accessory building
from 750 sq. ft. to 1,177 sq. ft., with the condition that the property can
never be subdivided, finding the hardship to be the size of the lot, on the
following described property:
The W 700.76¢ of
the S 660¢ of
Gov Lot 8, Section 23, T-20-N, R-12-E of the IBM, City of Tulsa County, State of
Oklahoma, less beg. at the SW/c of Gov Lot 8, thence N 207.21¢, E
208.92¢,
SEly 249.87¢, E
250.46¢, S
180¢,
to point on the S line of Gov Lot 8, W 706.75¢ to
POB and less beg. NE/c, W 700.76¢, S
660¢,
Gov Lot 8, thence S 30¢, W
100¢, N
30¢, E
100¢ to
POB, Section 23, T-20-N, R-12-E.
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Action
Requested:
Appeal of the decision of Neighborhood Inspector (5/2/01, 5/7/01) that vehicles stored on subject property were inoperable. SECTION 1605. APPEALS FROM AN ADMINISTRATIVE OFFICIAL -- Use Unit 17, located 40 S. Garnett.
Presentation:
Ollie Gresham,1141 E. 37th, stated he represented Bryan
Holliday. Mr. Holliday owns the
subject property. The Board
approved auto sales, service, accessories, body shop in a CS district, limited
to no outside storage of parts and inoperable vehicles. He received three notices for unlicensed
vehicles, inoperable vehicles-junked or abandoned vehicles, and storage of
inoperable vehicles. He asked for
input regarding what is operable versus inoperable. He reminded the Board that he was given
the approval to buy and sell cars
and to store cars.
Comments and
Questions:
Ms. Perkins noted a 1992 license plate on a photograph of one of the cars on the subject property. Mr. Gresham asked how the inspections official determined it was inoperable. Mr. Dunham responded that operable means it can be driven on the street. Mr. Dunham explained that the intent is that the applicant will have current up to date vehicles for sale. Mr. Jackere stated to Mr. Gresham that he has alleged the notices were in error, and asked him if he had any evidence to offer that the cars are operable. Mr. Gresham replied that he did not have evidence at this time because the applicant has a right to keep cars there because of his license and the use that he has to buy and sell used cars. Mr. Jackere responded that was correct except that he cannot keep inoperable cars there.
Interested
Parties:
Roy Ballentine,
a Neighborhood Inspector, had submitted copies of zoning violation notices and
photographs to the Board (Exhibit D-2) and stated they were taken on May 4,
2001. He added that there
were prior notifications by Inspector Parnell on October 2, 2001, for similar
violations. Vehicles cannot be
driven on the street with expired tags, so they are considered inoperable. Some of the cars had flat tires. The owner has removed several vehicles,
but there were still numerous inoperable vehicles on the property
yesterday.
Comments and
Questions:
Mr. Jackere commented that the 1989 action did not prohibit inoperable
vehicles, but the outside storage of inoperable vehicles. Then in 1994 the action prohibited the
storage of inoperable vehicles.
Interested
Parties:
Dewayne Bohannon,
10617 E. 1st St., President of the Wagonwheel Neighborhood
Association, submitted photographs (Exhibit D-1) to the Board. He quoted the Board Action from Case No.
16778, the Board approved “storage of automobiles, campers, and recreational
vehicles. He pointed out school
buses and a farm tractor that do not fit the description of approved
vehicles.
Board
Action:
On MOTION of Turnbo, the Board voted 3-0-0 (Dunham, Perkins, Turnbo “aye”, no “nays”, no
“abstentions”, White, Cooper “absent”) to DENY Appeal of the
decision of Neighborhood Inspector (5/2/01, 5/7/01) that vehicles stored on
subject property were inoperable, and UPHOLD the decision of the
Neighborhood Inspector.
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Action
Requested:
Variance of required floor area
ratio of .5 to .67. SECTION
404.F.1. SPECIAL EXCEPTION USES IN
RESIDENTIAL DISTRICTS, REQUIREMENTS; Variance of building setback of 25’ from
abutting properties zoned R on north and east boundaries to 10’. SECTION 404.F.4. SPECIAL EXCEPTION USES IN RESIDENTIAL
DISTRICTS, REQUIREMENTS; and a Variance of landscape requirements on north and
east boundaries. SECTION 1002. LANDSCAPE REQUIREMENTS, located SW/c E.
9th St. & 91st E. Ave.
Presentation:
Dick Holmes, 948 S. 91st E. Ave., represented Eastwood
Baptist Church. He stated they are
in the process of building a new family life center, to include a gymnasium for
the church and school, fellowship hall, and classrooms. He stated that they are
land-locked and have run out of space.
Comments and
Questions:
Mr. Dunham asked what the hardship would be. Mr. Holmes replied it was a lack of
property. Mr. Dunham asked if the
parking lots they lease from the City of Tulsa are long-term agreements. Mr. Holmes stated that they are
long-term.
Interested
Parties:
There
were no interested parties present who wished to speak.
Board
Action:
On MOTION of Perkins, the Board voted 3-0-0 (Dunham, Perkins, Turnbo “aye”, no “nays”, no
“abstentions”, White, Cooper “absent”) to APPROVE a
Variance of required
floor area ratio of .5 to .67; Variance of building setback of 25’
from abutting properties zoned R on north and east boundaries to 10’; and a
Variance of landscape requirements on north and east boundaries,
per plan, finding the hardship to be the shape of the lot and finding the 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:
Block 20, less
the S 15’ thereof, of Clarland Acres, City of Tulsa, Tulsa County, State of
Oklahoma.
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Action
Requested:
Variance to the parking requirements and to allow meeting the required parking on a lot other than the lot with principal use. SECTION 901. PRINCIPAL USES PERMITTED IN INDUSTRIAL DISTRICTS -- Use Unit 17 & 23; and a Variance of the hard surface, dust free parking to allow gravel parking. SECTION 1303.D. DESIGN STANDARDS FOR OFF-STREET PARKING AREAS, located SW/c E. Latimer Pl. & N. Peoria.
Presentation:
Chief Boyd, 4998 E. 26th St., stated he was
representing Cornerstone Assistant Ministries. He pointed out the buildings they
propose to convert to storage areas for clothing and appliances for ministry and
auto repair.
Comments and
Questions:
Mr. Jackere asked why they could not pave the parking area. Mr. Boyd replied that the lots around
are not paved, and this is an industrial area.
Interested
Parties:
There
were no interested parties present who wished to speak.
Board
Action:
On MOTION of Perkins, the Board voted 3-0-0 (Dunham, Perkins, Turnbo “aye”, no “nays”, no
“abstentions”, White, Cooper “absent”) to APPROVE a
Variance to the parking requirements and to allow meeting the
required parking on a lot other than the lot with principal use; and a
Variance of the hard surface, dust free parking to allow
gravel parking, with condition that a tie-contract be obtained, executed and
filed of record, finding it is an industrial area and there are many other
gravel lots in the area, and 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:
Lots 1-5, 43 and
44, Bullette 2nd Addition and Lot 5, Bullette 3rd
Addition, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception to permit church uses and accessory church uses in an
IL district. SECTION 901. PRINCIPAL USES PERMITTED IN INDUSTRIAL
DISTRICTS -- Use Unit 5, located 12330 E. 60th
St.
Presentation:
Joe Cook, 2604 W. Kenosha, stated he represented Arrow Life
Community Church. He stated the
church proposes to hold Sunday services and weekend activities in the specified
building in an IL district. He
commented that the business is primarily a weekday operation so it would not
make a hardship to the industrial park.
The traffic flow would come from three different accesses, from
51st St. to 122nd E. Ave., from 55th Pl. and
129th E. Ave., and at 60th and 129th E.
Ave. He pointed out that there are
two other churches on 129th E. Ave., about 5600 block in this IL
zoned Metro Park.
Comments and
Questions:
Mr. Dunham noted that the application indicated 123 parking spaces would
be required and the plan shows, 119.
Rev. Cook responded that the owner of the property, Tri-Mac Corporation,
informed him that the previous tenants paved the back portion of the lot, which
joins the MK&T Railroad right-of-way, providing an additional 10-15 parking
spaces. He added that they plan to
have 2700 square feet of parking space, which would require 78 parking spaces,
and the McElroy Group has offered all of their parking spaces. Rev. Cook also stated that the
broker for the Tri-Mac Corporation informed him that the property directly to
the west adjacent to the subject property had been used previously for
additional parking. Tri-Mac would
be willing to negotiate that for the church if they needed additional
parking.
Interested
Parties:
There
were no interested parties present who wished to speak.
Board
Action:
On MOTION of Turnbo, the Board voted 3-0-0 (Dunham, Perkins, Turnbo “aye”, no “nays”, no
“abstentions”, White, Cooper “absent”) to APPROVE a
Special
Exception to permit
church uses and accessory church uses in an IL district, per plan submitted,
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:
Lot 10, Block 1,
Metro Park Addition, City of Tulsa, Tulsa County, State of
Oklahoma.
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Variance from the parking spaces requirement of 1 per
800 sq. ft. plus 1 per 4 stadium seats.
SECTION
1201.D. USE UNIT 1. AREA-WIDE USES
BY RIGHT, Off-Street Parking and Loading Requirements -- Use Unit 1; and a
Variance in the maximum structure height
in an RS-3 zoned area from 35’ to 58’ for the proposed multi-purpose
building. SECTION
403. BULK AND AREA REQUIREMENTS IN
THE RESIDENTIAL DISTRICTS, located Ute to Trenton & Woodrow Pl. to
Young.
Presentation:
Darin Ackerman, 6111 E. 32nd Pl., stated he represented
Booker T. Washington High School.
He stated that the school system came before the Board previously with a
different format. Since then they
have had to make changes due to budget concerns. These plans are for a multi-purpose
building with an additional 227 parking stalls to the north side for a total of
883 parking stalls. The proposed
building would have a staggered roofline from 20’ to 58’.
Interested
Parties:
Quantel Ferguson,
stated he represented Greater Union Baptist Church, 955 E. 36th St.
N. He stated they are not opposed,
just interested in the case. They have a parsonage at 1537 E. Virgin St., and
want to understand what the applicant is requesting so they can determine how it
would affect this property.
Comments and
Questions:
Mr. Dunham informed Mr. Ferguson that their property is not a part of
this application.
Board
Action:
On
MOTION
of Turnbo,
the Board voted 3-0-0 (Dunham, Perkins, Turnbo “aye”, no “nays”, no
“abstentions”, White, Cooper “absent”) to APPROVE a
Variance from the parking spaces requirement of 1 per 800 sq. ft.
plus 1 per 4 stadium seats to 875 parking spaces; and a
Variance in the maximum structure height in an RS-3 zoned
area from 35’ to 58’ for the proposed multi-purpose building, per plan
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:
A tract of land
that is all of Blocks 1 and 2 of Carver Heights 2nd Addition; Lots 4 – 12, Block
1, and all of Blocks 2 - 5, Coots Addition; all of Block 1, Trenton Arms, a
Re-subdivision of Lots 1 - 5 and 18 – 22, Block 6, Coots Addition, all of Blocks
1 and 2, Carver Heights 3rd Addition, and all that part of N. St. Louis Ave.
lying Nly of the N right-of-way line of E. Woodrow Pl. and Sly of the S
right-of-way line of E. Zion St., and all that part of N. Trenton Ave. lying Nly
of the Sly line of Lot 7, Block 1, Trenton Arms and Sly of the Nly line of Lot
4, Block 2, Coots Addition, and all that part of E. Woodrow Pl. lying E of the
Ely right-of-way line of N. St. Louis Ave. and W of the Ely line of said Coots
Addition, and all that part of E. Young St. lying Ely of the Wly line of said
Carver Heights 2nd Addition and Wly of the Ely line of said Coots
Addition, and part of the E/2 SE/4 NW/4, said tract of land being described as
follows: Beg. at a point that is
the NW/c of Lot 1, Block 2, Carver Heights 2nd Addition; thence N
88°51’35” E along the Nly line of Blocks 1 and 2, Carver
Heights 2nd Addition, and along the Nly line of Block 2 of Coots
Addition for 466.43’ to the NE/c of said Block 2, Coots Addition; thence S
00°10’49” E along the Ely line of said Block 2 for
151.52 feet to the NE/c of Lot 4 in Block 2; thence N 88°51’35” E for 190.03’ to the NE/c of Lot 4, Block 1,
Coots Addition; thence S 00°10’49” E along the Ely line of Coots Addition for
479.14’ to the NW/c of the E/2 SE/4 NW/4 of said Section 30; thence N 89°04'16"
E along the Nly line of E/2 SE/4 NW/4 for 661.59’ to the NE/c or the E/2 SE/4
NW/4; thence S 00°26'43" E along the Ely line of the E/2 SE/4 NW/4 for 1,280.48’
to a point that is 40.00’ Nly of the SE/c of the E/2 SE/4 NW/4; thence S
88°46'28" W parallel to and 40.00 feet Nly of the Sly line of the E/2 SE/4 NW/4
and along the Sly line of Block 5, Coots Addition for 800.17’ to the SW/c of
Block 5, Coots Addition; thence N 00°30’41” W along the Wly line of said Block 5 for
305.02’ to the SW/c of Lot 5, Block 5, Coots Addition; thence S 88°46’28” W along the Sly line of Block 1, Trenton Arms
for 330.04’ to the SW/c of Lot 6, Block 1; thence N 00°30’41” W along the Wly line of Block 1 for 315.02’ to
the SW/c of Lot 12, Block 1, Carver Heights 3rd Addition; thence S
88°46’28” W along the Sly line of Lot 12, Block 2,
Carver Heights 3rd Addition for 189.09’ to the SW/c of said Lot 12;
thence N 00°09’34” W along the Wly line of Carver Heights
3rd Addition for 638.90’ to the NW/c of Lot 1, Block 2, Carver
Heights 3rd Addition; thence N 00°06’55” E for 55.02’ to the SW/c of Lot 12, Block 2,
Carver Heights 2nd Addition; thence N 00°20’19” W along the Wly line of Carver Heights
2nd Addition for 601.60’ to the POB of said tract of land, all in
Section 30, T-20-N, R-13-E of the IBM, City of Tulsa, Tulsa County, State of
Oklahoma.
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Special Exception to construct an 80’ monopole cellular transmission
tower on property zoned AG. SECTION
1204.C.3. & 5. USE UNIT 4.
PUBLIC PROTECTION AND UTILITY FACILITIES, Use Conditions and SECTION
601. PRINCIPAL USES PERMITTED IN
OFFICE DISTRICTS -- Use Unit 4, located S of SE/c of E. 91st St.
& Mingo Rd.
Presentation:
Kevin Coutant, submitted a packet of exhibits (Exhibit H-1) for an
80’ galvanized steel monopole cellular transmission tower on property zoned
AG. The proposed site is located
1,000’ from the nearest house on the west; 2,000’ from the nearest R district to
the southeast, zoned RM-O (use: expressway); and no existing towers near the
site. To the north is a medical
complex zoned Corridor. To the east
is an interdispersal loop zoned Corridor.
To the south and west is undeveloped land zoned AG. The topography is flat with some
trees. It is designed to
accommodate three slim-line antennas and engineered to collocate two more
similar facilities. The utility
building would be 12’ X 20’, prefabricated with an aggregate rock exterior. There would be a 20’ access easement
running northwest from the site to 91st St. The tower is needed to provide
cellular service in an area where there is inadequate service available and to
offload capacity from the Woodland Hills site. The tract size is approximately 35’ X
30’, and the likely development is unknown. The landscaping will be provided as
required.
Interested
Parties:
There
were no interested parties present who wished to speak.
Board
Action:
On
MOTION
of Perkins,
the Board voted 3-0-0 (Dunham, Perkins, Turnbo “aye”, no “nays”, no
“abstentions”, White, Cooper “absent”) to APPROVE a
Special
Exception to
construct an 80’ monopole cellular transmission tower on property zoned AG, per
plan submitted, finding all twelve factors have been addressed, and 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:
E 302’ of the N
330’ of Gov Lot 1, Section 19, T-18-N, R-14-E, City of Tulsa, Tulsa County,
State of Oklahoma.
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Action
Requested:
Special Exception to permit an outdoor flea market in a CG district. SECTION 901. PRINCIPAL USES PERMITTED IN INDUSTRIAL DISTRICTS – Use Unit 2; and a Variance to permit parking on a lot other than the one containing the principal use. SECTION 1301.D. OFF-STREET PARKING AND OFF-STREET LOADING; GENERAL REQUIREMENTS, located 2626 W. Skelly Dr.
Presentation:
Rick Vanderpool, 8429 Meadowside Lane, stated that the subject
property is next door to his business.
He proposes to put a flea market on the property. He stated that the days and hours of
operation would be 9:00 a.m. to 6:00 p.m. Monday through Friday, 9:00 a.m. to
3:00 p.m. on Saturdays, and 9:00 a.m. to 2 or 3:00 p.m. on Sundays.
Comments and
Questions:
Ms. Turnbo asked how many vendors he would have. He replied there would be 50-55
vendors. Mr. Dunham asked if the
parking lot has an all-weather surface.
Mr. Vanderpool responded in the affirmative. He added that the vendors would park by
their tents and the parking lot is for the customers.
Interested
Parties:
There
were no interested parties present who wished to speak.
Board
Action:
On MOTION of Perkins, the Board voted 3-0-0 (Dunham, Perkins, Turnbo “aye”, no “nays”, no
“abstentions”, White, Cooper “absent”) to APPROVE a Special
Exception to permit an outdoor flea market in a CG district; and a
Variance to permit parking on a lot other than the one containing
the principal use, with the conditions that days and hours of operation be 9:00
a.m. to 3:00 p.m. Saturdays and Sundays, and business limited to the area north
of the creek, 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:
All of the West
Skelly Drive Industrial Complex, less and except the following described tract,
to-wit: part of the NE/4 NW/4 of Section 34, T-19-N, R-12-E, Beg. at a point
that is the SE/c of said Lot 1; thence N 0º01’45” W along the most Ely line of
Lot 1 for 759.47’ to a corner of Lot 1; thence N 89º45’26” W along a Nly line of
Lot 1 for 100.00’ to a corner of Lot 1; thence N 0º01’45” W along an Ely line of
Lot 1 for 77.00’ to a corner of Lot 1; thence N 89º45’26” W along the most Nly
line of Lot 1 for 117.74’; thence S 0º02’20” E for 837.10’ to a point on the
most Sly line of Lot 1; thence S 89º55’33” E along said Sly line for 217.60’ to
the POB AND A tract of land that is a part of Lot 1, Block 1, West Skelly Drive
Industrial Complex, more particularly described as follows, to-wit: Beg. at a point that is the SE/c of said
Lot 1; thence N 0º01’45” W along the most Ely line of Lot 1 for 759.47’ to a
corner of Lot 1; thence N 89º45’26” W along a Nly line of Lot 1 for 100.00’ to a
corner of Lot 1; thence N 0º01’45” W along an Ely line of Lot 1 for 77.00’ to a
corner of Lot 1; thence N 89º45’26” W along the most Nly line of Lot 1 for
117.74’; thence S 0º02’20” E for 837.10’ to a point on the most Sly line of Lot
1; thence S 89º55’33” E along said Sly line for 217.60’ to the POB, all in the
City of Tulsa, Tulsa County, State of Oklahoma, and being located in a
CG/IL/RS-3.
*.*.*.*.*.*.*.*.*.*.*.
There being
no further business, the meeting was adjourned at 4:25 p.m.
Date approved:______________________
__________________________________
Chair
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