CITY BOARD OF ADJUSTMENT
Tuesday,
July 10, 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 |
|
Beach |
Jackere,
Legal |
|
Cooper Turnbo |
|
Butler |
Parnell,
Zoning
Official |
|
White,
Chair |
|
|
|
|
Perkins |
|
|
|
The notice and agenda of said meeting was posted in the Office of INCOG, 201 W. 5th St., Suite 600, on Friday, July 6, 2001, at 2:50 p.m., as well as at the City Clerk’s office, City Hall.
After declaring a quorum present, Chair, White called the meeting to order at 1:00 p.m.
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Action
Requested:
Mr. Beach stated that the applicant requested a continuance. The case was continued to today because
the applicant indicated at the previous hearing that he might be acquiring more
property on which he could meet the parking requirement. The owner of the other property is
present and stated to Mr. Beach that he does not intend to sell to the
applicant. August 14, 2001 was the
soonest the case could be heard.
The applicant was not present at this hearing. There were several interested parties
present for the second time and they objected to the continuance. Ms. Perkins asked that Mr. Beach contact
the applicant, to give him opportunity to present his case at this hearing. Mr. White tabled the case to later on
the agenda.
Action
Requested:
Gregg Van Wyck, 1521 E. 59th Pl, stated that Steven
Pollen, the legal representative for Oxford House, Inc., was out of town at
another court date. He requested a
continuance to July 24, 2001.
Comments
and Questions:
Mr. Dunham asked the staff member if the Board has authority to approve the variance requested. Mr. Jackere responded there is a special exception more appropriate for this case. Mr. White urged interested parties in opposition to obtain as much of their objections in writing as possible and send them to INCOG before the hearing so the Board will have time to review them.
Board
Action:
On MOTION of Dunham, the Board voted 4-0-0 (White, Dunham,
Turnbo, Perkins "aye"; no "nays"; no "abstentions"; Cooper "absent") to
CONTINUE Case No. 19125 to the meeting on August 14, 2001.
MINUTES:
On MOTION of Perkins,
the Board voted 4-0-0 (White, Dunham, Turnbo, Perkins "aye"; no "nays"; no
"abstentions"; Cooper "absent") to APPROVE the Minutes of May 22,
2001 (No. 819).
Action
Requested:
Special Exception to construct a 90’ monopole cellular transmission tower
on property zoned OL and within 99’ of an adjoining lot line of property zoned
OL. 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. 45th St. &
Harvard.
Ms. Perkins stated she would abstain.
Presentation:
John Brightmire, 320 S. Boston, stated U.S. Cellular requests to
place an 80’ laminated wooden monopole on the subject property. The nearest residential structures are
more than 160’ away. The closest residential district is 160’ away and there are
no existing towers near the site.
The properties on the north, south and west are zoned OL with office
buildings and on the east is an RS-1 district. The topography of the land is flat with
some trees. The tower is designed
to accommodate three slim line antennas at 75’ and engineered for collocation of
two similar antenna facilities. The
building would be pre-fabricated, 12’ x 20’ with an aggregate rock
exterior. Access would be from the
existing parking lot. The tower is
needed to provide cellular service where there is inadequate service and
inadequate in-building service. The
tract size is approximately 50’ x 50’ on a 2,500 square foot parent tract. The most likely development would be the
Tulsa Racquetball and Athletic Club.
Landscaping would be done in compliance with the zoning code. The applicant submitted a packet of
exhibits to the Board (Exhibit A-1).
Three letters of support were also submitted (Exhibit
A-2).
Interested
Parties:
Bill Liftsaw,
4621 S. Jamestown, stated he was opposed to the application. He noted the trees would lose their
foliage and not provide screening seven months out of the year. He complained that the property is
dilapidated. He suggested that the
antennas should be placed on top of the taller buildings in the area.
Dr. Myrine Katz,
4543 S. Harvard, stated that the equipment building would be more like 15’ from
his property. He added that this
section of Harvard is an attractive light office area and he felt this tower
would detract from the aesthetics.
Mr. Cooper arrived at 1:36 p.m.
Jane Katz,
was concerned that U.S. Cellular was trying to put in a pole before a proposed
utility easement was approved.
Perkins out at 1:45 p.m.
Sharon Poleson,
4550 S. Harvard, stated she works in an office at this address. She was in agreement with Dr. Katz. She added that she is a U.S. Cellular
customer and she wants them to have good coverage, but this is the wrong
location.
Perkins returned at 1:47 p.m.
Ed Rosenheck,
4555 S. Harvard, was concerned that if the tower fell it would fall on his
building. He stated that the
applicant has not contacted him with any information regarding the tower. He expressed total opposition to the
tower at this location.
Rick
Jackson,
4520 S. Harvard, stated he is the landlord at this address, and is very much in
opposition of the application. He
stated that tenants of his building already have to see the very poorly
maintained subject property.
Margaret
Duncan,
4553 S. Jamestown, stated she opposes the application because it opens the door
to a zoning change from OL to heavy commercial.
Terry
Turner,
4501 S. Jamestown, Linda
Shaffer,
3312 E. 45th, Doug
Powers,
3324 E. 45th, Philip
Bayeau,
4055 S. Harvard, Ed Monnet, Jr., 3323 E. 45th St., and Cathy
Bogart,
3331 E. 45th St. are all in opposition for all of the above
reasons.
Applicant’s
Rebuttal:
Mr. Brightmire responded to concerns over decreased property values,
stating that there are no studies that show cell towers cause a decline in
property values. He stated that the
applicant is willing to do whatever screening is necessary. Mr. Brightmire informed the Board that
the suggested sites for a tower would not help. He reminded the Board that they are
preparing for heavier cell phone usage and peak hours not just to maintain the
current usage. He pointed out that
the F5 tornados of last year did not fell their cell towers. He indicated that with the advancement
in technology the future towers would perhaps be shorter. He noted that the site is 200% back from
the lot line, which is meeting the spirit and intent of the code.
Comments and
Questions:
Mr. White noted a larger size “hole” in the coverage on the RF map. He asked how tall the pole would have to
be if it were put on a site farther south. Mr. Brightmire suggested that
usage and topography influence that decision. Ms. Turnbo asked how far the tower would
be from Dr. Katz’ office. He
replied it would be 24 feet from his office. She surmised that the building would be
about 15 feet from his office.
Doyle Grote,
1210 S. Detroit, stated that if they move the tower south it would not connect
with the other sites that they need to off-load. He reminded the Board that even though
it is called a tower it is a wood pole and slim line antennas, and they are
shorter than the other type of towers.
If the system is full it will not recognize if the next call is an
emergency or just for a loaf of bread.
The cell phone is used by the emergency services and is becoming many
people’s home phone. Mr. Cooper
asked Mr. Grote how many more towers would it take to cover the remaining three
gaps in mid-town Tulsa. Mr. Grote
replied that one to two more towers should cover those
gaps.
Board
discussion ensued.
Board
Action:
On
MOTION
of Dunham,
the Board voted 4-0-1 (White, Dunham, Turnbo, Cooper "aye"; no "nays"; Perkins
"abstained"; no "absences") to Deny
a Special Exception to
construct a 90’ monopole cellular transmission tower on property zoned OL and
within 99’ of an adjoining lot line of property zoned OL, finding that it would
not be in harmony with the spirit and intent of the Code, and would be injurious
to the neighborhood or otherwise detrimental to the public welfare.
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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 for ten days. Kurt
Ackerman has the parking plat and if it is approved he will not need any
relief. This matter is separate
from the property he tried to purchase for parking.
Comments and
Questions:
The Board discussed the request for continuance.
Board Action:
On MOTION
of Dunham,
the Board voted 5-0-0 (White, Dunham, Turnbo, Perkins, Cooper "aye"; no "nays";
no "abstentions"; no "absences") to DENY
a request to CONTINUE
Case No. 19091.
Mr. Mordhurst presented the need for relief to satisfy the newer code
requirements for parking to obtain a new occupancy permit for the tavern on the
subject property. The tavern has
been in operation for 34 years. He
would also like to make a retail space available that has been used for storage
in the past. He has never had any
complaints regarding parking. He
reconfigured the parking lot to allow for 26 parking spaces.
Comments and
Questions:
Mr. White inquired about parking in the rear of the building and the
access to it. Mr. Mordhurst replied
there are parking spaces with a mutual access easement between the strip mall
and the Git N Go on the north. Mr.
Mordhurst informed him that a lot of the patrons to the tavern are pedestrians
from the neighborhood. Mr. Cooper
asked about peak hours of operation for the tavern and beauty salon. Mr. Mordhurst stated that peak hours for
the tavern start at 6:00 p.m. and are before 6:00 p.m. for the salon.
Interested
Parties:
Bob Painter, 1151
N. 56th E. Ave., stated he is involved in the neighborhood
watch. They are concerned about the
crime on N. Sheridan. He mentioned
a shooting at a bar across the street from the subject property and two grocery
stores robberies. Mr. Cooper asked
him if in his opinion the bar causes parking problems for the neighborhood. Mr. Painter replied that he has seen a
line of parked cars down Sheridan for two or three blocks, but he does not know
which bar they go to. He considered
parking adequate and not a problem on the residential
streets.
Hal
Joiner,
715 E. Haskell, stated he coordinates the McKinley-Mitchell Neighborhood
Watch. He expressed concern for the
close proximity of the bars in the area.
He also pointed out that the police are called to the area
frequently.
Red
Garrison,
6700 block E. Independence, stated the bar patrons park on other business
parking lots and walk to the bars.
One of the neighbors frequently complains about beer bottles in his yard,
and people cutting across his yard, and other offensive
actions.
Al
Crystal,
708 N. Oxford, stated he owns property at 711 N. Oxford next to the subject
property. He stated that bar
patrons once used his yard like a public park for barbecuing, have torn down his
fence, and often park on Oxford.
Applicant’s
Rebuttal:
Mr. Mordhurst stated he has tried to reach all of the neighbors and wants
their input. He stated he would put
in screening. Mr. Jackere suggested
he talk with Mr. Ackerman because he will be making a decision regarding the
parking and it will be final and binding.
Board
Action:
On
MOTION
of Turnbo,
the Board voted 4-1-0 (White, Dunham, Turnbo, Perkins "aye"; Cooper "nay"; no
"abstentions"; no "absences") to DENY
a Special
Exception to reduce required
parking for a non-conforming bar from 32 spaces to 11 spaces, finding that it
would not be in harmony with the spirit and intent of the Code, and would be
injurious to the neighborhood or otherwise detrimental to the public
welfare.
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MINUTES:
On MOTION of Dunham,
the Board voted 3-0-2 (Dunham, Turnbo, Perkins "aye"; no "nays"; White, Cooper
"abstained"; no "absences") to APPROVE the Minutes of June 12,
2001 (No. 820).
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Action
Requested:
REQUEST FOR RECONSIDERATION of a Special Exception to
permit home occupation (office). SECTION 402.B.6. ACCESSORY USES IN RESIDENTIAL
DISTRICTS, Accessory Use Conditions and SECTION 404.B. SPECIAL EXCEPTION USES IN RESIDENTIAL
DISTRICTS, REQUIREMENTS and SECTION 1608.
SPECIAL EXCEPTION -- Use Unit 6 and 11, located 2218 E. 54th
St.
Presentation:
Steve Schuller, 500 ONEOK
PLAZA, 100 W 5th St., stated the
client would be willing to move the storage to another site and use the home for
office use only in one room. He
added that there would be no deliveries to the home.
Comments and
Questions:
Mr. Jackere stated that notice must be given for another hearing of this
case, in consideration of interested parties. Mr. Dunham noted that the objections in
the previous meeting were all about the deliveries. Mr. Jackere responded that there is no
way to enforce a condition for no deliveries because they may receive personal
deliveries but no one is going to know when it is personal or business. Mr. Cooper asked Mr. Schuller for the
nature of the office business. Mr.
Schuller replied they sell and service game machines for casino type
operations. The office work would
be phone paper work, and bookkeeping.
Board
Action:
On
MOTION
of Turnbo,
the Board voted 4-1-0 (White, Turnbo, Perkins, Cooper "aye"; Dunham "nay"; no
"abstentions"; no "absences")
to
DENY
a
REQUEST FOR RECONSIDERATION of a
Special Exception to permit home occupation (office), finding that it would not
be in harmony with the spirit and intent of the Code, and would be injurious to
the neighborhood or otherwise detrimental to the public welfare.
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Action
Requested:
Special Exception to reduce the required number of parking spaces from 25 to 16. SECTION 1212.D. USE UNIT 12. EATING ESTABLISHMENTS OTHER THAN DRIVE-INS, Off-Street Parking and Loading Requirements and SECTION 1408. ADULT ENTERTAINMENT ESTABLISHMENTS -- Use Unit 12A, located 3307-3309 S. Peoria.
Presentation:
Jeffrey Levinson, 35 E. 18th, presented for the
Brookside Bar. He informed the
Board that this applicant has been in close contact with the neighborhood and
their association. The bar has been
considered a good neighbor.
Interested
Parties:
Randall Duncan, 1924 S. Utica, stated he was representing Ed
Kallay, requested a continuance. He
stated that Mr. Kallay only received his notice the day before the meeting and
would like to discuss the case with the applicant. Mr. Duncan stated that the special
exception might not be necessary, as Mr. Kallay owns several properties in the
area and may be able to offer the applicant a satisfactory
alternative.
Mr. Levinson responded that he is not in favor of a continuance. He informed the Board that he has
already spoken with Mr. Kallay and he is not in agreement with his
proposal.
Board
Action:
On MOTION of Dunham, the Board voted 5-0-0 (White, Dunham,
Turnbo, Perkins, Cooper "aye"; no "nays"; no "abstentions"; no "absences") to
DENY the request to CONTINUE Case No.
19114.
Interested
Parties:
Mr. Duncan expressed their concern that Mr. Kallay went to a lot of trouble and spent a lot of money to comply with the code and now this applicant is trying to get the same thing with a special exception.
David Paddock, 1101 E. 34th St., stated he is the
Vice-President of the Brookside Neighborhood Association. He indicated that Mr. Kallay would not
meet with the Infill Task Force and had not shown interest in the
neighborhood. He added that the bar
has been established since the 1940’s, is small and does not draw
crowds.
Nancy Apgar, 3914 S. Norfolk, stated she is the President of the
Brookside Neighborhood Association.
She stated she had talked with Mr. Kallay the day before and she is in
agreement with Mr. Paddock that the bar should not be put out of
business.
Applicant’s
Rebuttal:
Mr. Levinson stated that there is no guarantee for parking spaces shared
with other businesses.
Board
Action:
On MOTION of Dunham, the Board voted 5-0-0 (White, Dunham,
Turnbo, Perkins, Cooper "aye"; no "nays"; no "abstentions"; no "absences") to
APPROVE a Special
Exception to reduce the required
number of parking spaces from 25 to 16, 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.
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Action
Requested:
Special Exception to permit duplex use in an RS-3 district. SECTION 401. PRINCIPAL USES PERMITTED IN RESIDENTIAL
DISTRICTS -- Use Unit 7, located N of NW/c E. 35th St. & S.
Hudson.
Presentation:
Bobby Griffin, 2702 E. 56th Pl., stated his family has
owned the property and there are now five duplexes built on there.
Interested
Parties:
Robert McCallum, 5535 E. 35th St., stated his concern
of inadequate access for emergency vehicles. He stated that the street does not have
access to Hudson Avenue. He
indicated that one resident complained that she has trouble just driving to her
home because of all the residents’ cars on that one city
block.
Applicant’s
Rebuttal:
Mr. Griffin responded that no one parks in the street because they all
have two-car garages. He mentioned
two ambulance trips to their street and they had no problems getting
through.
Board
Action:
On Motion of Dunham, the Board voted 5-0-0 (White, Dunham,
Turnbo, Perkins, Cooper "aye"; no "nays"; no "abstentions"; no "absences") to
APPROVE a Special Exception to permit duplex use in
an RS-3 district, 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:
N 83.5’ of Lot 9, Block 7, Yorkshire Estates, the Resubdivision of Lots 2-4, Block 3, and all of Block 4-13, Yorkshire Estates, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception to allow storage (Use Unit 23) in a CG zoned district. SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL DISTRICTS -- Use Unit 23; a Special Exception to permit parking and storage on a surface other than all-weather material. SECTION 1303.D. DESIGN STANDARDS FOR OFF-STREET PARKING AREAS; and a Special Exception to allow manufactured home and auto repair (Use Unit 17) in a CS zoned district. SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL DISTRICTS -- Use Unit 17, located 8936 E. Admiral Pl.
Presentation:
Sam Daniel, III, 1756 S. Utica, stated he was representing Henry
Harper. Mr. Harper owns a mobile
home park on Admiral between Mingo and Garnett. He submitted an amended legal
description, included in the applicant’s packet of exhibits (Exhibit B-1). The mobile home park is a non-conforming
use, opened in the late 1950’s. He
mentioned the maintenance trailer, number 18, on exhibit sketch that contains
items for repairing older trailers.
He added that Mr. McCombs in trailer number 27 does auto repair across
from his home in the CG district.
There are seven old mobile homes used to store parts and materials. Three of these homes will be repair and
placed on lots in the park for rent.
Comments and
Questions:
Mr. Jackere asked what they are storing in the mobile homes. Mr. Daniel referred him to a hand
written list of items as part of Exhibit B-1. Mr. Daniel pointed out that the storage
area is fenced. Things that are too
big to store in a trailer are behind the fence, such as axles.
Henry Harper, 13005 E. 28th, stated that almost
everything stored in the outside area is used to maintain or repair the mobile
homes. Mr. Cooper questioned the
applicant regarding cars in the photographs (Exhibit B-2) provided by
Neighborhood Inspections, which appeared to be inoperable. Mr. Harper stated they were all
operable, tagged and can be moved.
Mr. Harper stated that the tenants own these cars.
Interested
Parties:
Candy Parnell, stated that Mr. Harper has cleaned up the park some
since the photographs were taken around May 25, 2001. She stated that they have a work order
that is being turned in to clean out the rest of the junk and debris on this
property. It is taking longer
because Mr. Harper filed an appeal to the abatement notice. The appeal was denied. Mr. Daniel stated that Mr. Harper is
trying to clean up the property and meet the deadline from Neighborhood
Inspections.
Tim Cartner,
stated that Neighborhood Inspections recognizes the park as non-conforming. The lot that he is concerned about was a
vacant lot until they moved dilapidated mobile homes on it for storage and auto
repair. It is south and separate,
not connected from the mobile home park and has different zoning.
Sue Culbert,
8817 E. 2nd St., submitted a petition (Exhibit B-3) of
opposition. She stated that they
believe the street should have an all-weather surface. She said there were holes in the street
that allow water to stand. She
added the current condition of the street degrades the neighborhood. She added that the tenants keep up their
yards, but the landlord does not do as well around his own
house.
Ann Graham,
8821
E. 2nd St., submitted photographs included in Exhibit B-3. She expressed her concern that Admiral
and 2nd Street dead ends at this location and heavy traffic could
prevent emergency vehicles from getting through.
Don Culbert,
8817 E. 2nd St., complained that Mr. Harper started to put in a
driveway that is not up to code and did not complete it. He is concerned that if he obtains more
special exceptions he will continue to break the
ordinances.
Gene
Graham,
8821 E. 2nd St., stated he objects to the outside storage, and is
concerned that it will be abused.
Billy
Cole,
249 S. 89th E. Ave., submitted a photograph that is included in
Exhibit B-3. He pointed out that a
mobile home is not on wheels, and only 12 to 14 inches off the ground. He was concerned that it provides a
habitat for animals. He also noted
that old trailer chassis are scattered around and are not in condition to repair
other trailers, just salvage.
Tom
McBay,
1636 S. 117th E. Ave., stated he is the President of the East Tulsa
Mingo Valley Association of Districts 5 and 6. They support east Tulsa businesses and
insist they be good neighbors. He
stated that the special exceptions would discourage compliance with the code.
Troy
Williams,
402 S. 105th E. Pl., Vice-President of the Wagonwheel Association,
called the subject property a junk yard.
Board
Action:
On MOTION of Dunham, the Board voted 5-0-0 (White, Dunham,
Turnbo, Perkins, Cooper "aye"; no "nays"; no "abstentions"; no "absences") to
DENY a Special
Exception to allow storage (Use Unit 23) in a CG zoned district; a
Special Exception to permit parking and storage on a surface other
than all-weather material; and a Special Exception to allow
manufactured home and auto repair (Use Unit 17) in a CS zoned district, finding
that it would not be in harmony with the spirit and intent of the Code, and
would be injurious to the neighborhood or otherwise detrimental to the public
welfare.
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Action
Requested:
Amendment to an approved site plan to permit an addition to a church in
an RS-3 district. SECTION 401. PRINCIPAL USES PERMITTED IN RESIDENTIAL
DISTRICTS -- Use Unit 5, located 1714 W. 40th St.
S.
Presentation:
Maurice Clyma, 610 S. Main, stated he is an architect representing
Trinity Baptist Church, for an amendment to the site plan.
Interested
Parties:
There
were no interested parties present who wished to speak.
Board
Action:
On MOTION of Dunham, the Board voted 5-0-0 (White, Dunham,
Turnbo, Perkins, Cooper "aye"; no "nays"; no "abstentions"; no "absences") to
APPROVE an Amendment to an approved site plan to permit an
addition to a church in an RS-3 district, subject to the applicant meeting all
requirements of setbacks, landscaping, screening and other requirements of the
zoning code, on the following described property:
Lots 1-8 25, and
26, Block 6, Clinton Homesites Addition, City of Tulsa, Tulsa County, State of
Oklahoma.
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Action
Requested:
Special Exception to exceed 4’ limit to height of fence in required front
yard. SECTION 210. YARDS -- Use Unit 6, located 1385 E.
29th St.
Presentation:
Patrick Fox, 320 S. Boston, Ste. 1710, stated the request for
special exception.
Comments and
Questions:
Mr. Dunham called Mr. Fox’s attention to the staff comments, stating he
will need more relief. Mr. White
determined that it is a wall and not a fence. Mr. Fox agreed it is an eight-foot wall
with ten-foot columns. Mr. Fox
pointed out other properties in the area with similar walls and columns. Mr. Fox also offered to move the whole
wall back five feet to comply with the requirement of 25 feet from the
centerline of 29th Street.
Interested
Parties:
There
were no interested parties present who wished to speak.
Board
Action:
On MOTION of Dunham, the Board voted 4-1-0 (White, Dunham,
Turnbo, Perkins "aye"; Cooper "nay"; no "abstentions"; no "absences") to
APPROVE a Special Exception to exceed 4’ limit to
height of fence in required front yard, 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:
Beg. at a point
1335’ N and 982.5’ E SW/c of Section 18, T-19-N, R-13-E, thence N 315’, thence E
157.5’, thence S 315’, thence W 157.5’ to the POB, City of Tulsa, Tulsa County,
State of Oklahoma
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Action
Requested:
Special Exception to permit a manufactured home (doublewide) in an RM-1 district. SECTION 401. PRINCIPAL USES PERMITTED IN RESIDENTIAL DISTRICTS -- Use Unit 9; and a Special Exception of time limit to permit on a permanent basis. SECTION 404.E.1. SPECIAL EXCEPTION USES IN RESIDENTIAL DISTRICTS, REQUIREMENTS, located SW/c Oklahoma St. & St. Louis Ave.
Presentation:
Booker T. Chambers, 922 E. 61st St., proposes to put a
new doublewide mobile home on the subject property. He showed photographs (Exhibit C-2) of
surrounding properties.
Interested
Parties:
Jacquelyn Chadwick, stated
that she has lived next door to the subject property for fifteen years. She submitted a petition of opposition
(Exhibit C-1). She stated that the
property was not large enough for a doublewide. She complained that she would have to
see the back of the mobile from her door.
Ms. Chadwick expressed concern that the mobile home would decrease
property values.
Applicant’s
Rebuttal:
Mr.
Chambers responded that he has plenty of land for the home. He reviewed the locations of salvage
yards, railroad tracks. He
did not think that a new mobile home would decrease property value any more than
those sites. He plans to make his
home look more like a stick built home and on a permanent foundation.
Board
Action:
On MOTION of Turnbo, the Board voted 5-0-0 (White, Dunham,
Turnbo, Perkins, Cooper "aye"; no "nays"; no "abstentions"; no "absences") to
DENY a Special
Exception to permit a
manufactured home (doublewide) in an RM-1 district; and a Special
Exception of time limit to permit on a permanent basis, finding that it
would not be in harmony with the spirit and intent of the Code, and would be
injurious to the neighborhood or otherwise detrimental to the public
welfare.
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Action
Requested:
Variance to utilize a 50’ x 100’ non-all-weather surface for vehicular
parking. SECTION 1303. DESIGN STANDARDS FOR OFF-STREET PARKING
AREAS, located 2840 E. 101st St.
Presentation:
Jeff Levinson, 35 E. 18th St., stated this case is
unusual, having a small area unpaved.
The use of this parking area is not required by the office next door, as
there is plenty of parking.
The City of Tulsa Public Works Department Inspections personnel requested
a gravel surface so they would not track mud through during construction of a
mini-storage. The applicant put in
a no parking sign on that site but in isolated instances people have parked
there anyway, which caused the applicant to be cited. He has complied with the City of Tulsa,
but continues to get cited and would like to resolve the issue. The hardship is that he does not
need the space for parking and if he removes the gravel then the City of Tulsa
will want him to put it back down when he begins construction
again.
Interested
Parties:
Dewayne Griffin, 10217 S. Evanston Pl, in Delaware Pointe, stated
he is the homeowner association president. He submitted a petition (Exhibit
D-1) signed by 91 members in opposition to the application. They do not object to the business that
is coming into the area. They do
want businesses to comply with the zoning code. The site is in close proximity to
the applicant’s offices and needs to be paved or the gravel removed.
Applicant’s
Rebuttal:
Mr. Levinson stated that his client has never received a complaint, but he has already made plans to meet with Ms. Parnell. He stated the applicant would be agreeable to a time limit.
Board
Action:
On MOTION of Dunham, the Board voted 4-0-1 (White, Dunham,
Turnbo, Perkins "aye"; no "nays"; Cooper "abstained"; no "absences") to
DENY a Variance to utilize a 50’ x 100’
non-all-weather surface for vehicular parking, finding a lack of hardship.
*.*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Variance of sideyard setback from 10’ to 0’ to permit a carport in an RM-2 district. SECTION 403. BULK AND AREA REQUIREMENTS IN THE RESIDENTIAL DISTRICTS -- Use Unit 7a, located 1410 S. Houston.
Presentation:
Floyd Campbell, 1410 S. Houston, Condo B, stated they live in a
small four-unit condo with a flat paved parking lot. They propose to construct a four-car
carport, but they could not find a way to place it within the code. The site plan is Exhibit
E-1.
Board
Action:
On MOTION of Turnbo, the Board voted 5-0-0 (White, Dunham,
Turnbo, Perkins, Cooper "aye"; no "nays"; no "abstentions"; no "absences") to
APPROVE a Variance of sideyard setback from 10’ to 0’ to permit a
carport in an RM-2 district, per plan, finding the shape of the lot to be the
hardship, on the following described property:
Lot 10 of
Resubdivision of Block 10 of the Resubdivision of Blocks 1, 9, 10 and 14,
Norvell Park Addition, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception to allow a single-family residence on an OL zoned property. SECTION 601. PRINCIPAL USES PERMITTED IN OFFICE DISTRICTS -- Use Unit 6; a Variance of the setback from centerline of an arterial street from 100’ to align with existing residential structure to the east or 65.6’. SECTION 603. BULK AND AREA REQUIREMENTS IN THE OFFICE DISTRICTS; and a Variance of one-story to allow two-story in OL. SECTION 603. BULK AND AREA REQUIREMENTS IN THE OFFICE DISTRICTS, located 110 E. Pine.
Presentation:
Tom McDermitt, 6933 S. 66th St., submitted a site plan
and plat of survey (Exhibits F-1 and F-2).
Comments
and Questions:
Mr. Dunham noted the staff comments that the house would only have to be reduced about two feet, eight inches to meet all of the requirements. Mr. Beach commented that if he would move the house to the south to meet the setback from Pine and take out two feet, eight inches then he would meet all of the requirements. Mr. Cooper asked about the hardship. Mr. Dunham noted that it is consistent with the other houses in the neighborhood.
Board Action:
On MOTION of Dunham, the Board voted 5-0-0 (White, Dunham, Turnbo, Perkins, Cooper "aye"; no "nays"; no "abstentions"; no "absences") to APPROVE a Special Exception to allow a single-family residence on an OL zoned property; a Variance of the setback from centerline of an arterial street from 82.8’ to align with existing residential structure to the east or 65.6’; and a Variance of one-story to allow two-story in OL, per plan, finding the hardship to be that it is consistent with other houses in the neighborhood and would align with existing setbacks, on the following described property:
Lot 23 and Lot 24, less and except the N 20’ thereof, Block 2, Lloyd Addition, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Variance to permit the west side grandstand in an RM-2 district abutting
a residential street to be 27’ from the centerline of the right-of-way of South
Columbia Avenue for a distance of approximately 120’ rather than 35’. SECTION 403.A. & F. BULK AND AREA
REQUIREMENTS IN THE RESIDENTIAL DISTRICTS, Bulk and Area Requirements in the RE,
RS, RD, RT and RM Districts -- Use Unit 5; and a Variance of the off-street
parking requirements for university stadium bleachers to permit the off-street
parking spaces required for the athletic fields and the student health and
fitness center in excess of 125 spaces to be provided off-site, but within the
South Delaware Avenue, the South Florence Avenue, the East 8th Street
and the northern boundaries of the university campus. SECTION 1205. USE UNIT 5. COMMUNITY SERVICES AND SIMILAR USES,
located NE/c of E. 6th St. & S. Delaware
Ave.
Presentation:
Charles Norman, 2900 Mid-Continent Tower, stated he was
representing the University of Tulsa in the redevelopment of South Delaware
Avenue. He submitted a site plan
and erosion control plan (Exhibits G-1 and G-5). The application is regarding the
re-design of the soccer/track complex on the west part of the property. There were some problems with the
geometrical problems with the curves of the track, therefore the track has been
slightly widened and the curves softened, which increased the width. He described the changes in the
grandstands.
Comments
and Questions:
Mr. Cooper asked about the hardships for this case. Mr. Norman responded that the hardships are configuration of the land at this site, the curvature of the tract and the elevation of the property affecting drainage. Mr. Norman anticipated some of the objections and asked the Board to note the plans for erosion control to prevent dust blowing into the residential neighborhood. He also mentioned an eight-foot wall they plan to build with the permission of the property owners to protect them further, along with plans to sod five feet on the residential side of the lot line.
Perkins out at 5:23 p.m.
Interested
Parties:
Maria Barnes, 2252 E. 7th St., stated the neighbors are
concerned about the dust problem from the construction site on the residential
neighborhood. She added there are
signs marked, “parking by permit only” that would cause the spectators to park
in the neighborhood. She asked that
something be changed so it will not apply to the time during
events.
Perkins returned at 5:25 p.m.
Margaret Duncan, 4553 S. Jamestown, stated she is a member at
College Hill Presbyterian Church, across the street from the subject
property. She stated she was
there as an interested party and did not have any
objection.
Two letters and photographs (Exhibits G-2, G-3, and G-4) were submitted to the Board regarding Case No. 19123.
Applicant’s
Rebuttal:
Mr. Norman responded that the signs would be worded or covered to allow parking during events. He reminded the Board of the 1900 parking spaces that would be available a short walking distance on the campus for events.
Board
Action:
On MOTION of Dunham, the Board voted 5-0-0 (White, Dunham,
Turnbo, Perkins, Cooper "aye"; no "nays"; no "abstentions"; no "absences") to
APPROVE a Variance to permit the west side
grandstand in an RM-2 district abutting a residential street to be 27’ from the
centerline of the right-of-way of South Columbia Avenue for a distance of
approximately 120’ rather than 35’; and a Variance of the
off-street parking requirements for university stadium bleachers to permit the
off-street parking spaces required for the athletic fields and the student
health and fitness center in excess of 125 spaces to be provided off-site, but
within the South Delaware Avenue, the South Florence Avenue, the East
8th Street and the northern boundaries of the university campus, per
plan, finding the hardship to be the configuration of the land versus the
configuration of the proposed structures, including the erosion control plan,
and the parking requirements would be part of this action, on the following
described property:
A tract of land
that is all of Lots 12 thru 21 in Block 5, and all of Blocks 6, 7 and 8 of
Highlands 2nd Addition, City of Tulsa, Tulsa County, State of
Oklahoma, and also that part of vacated 4th Pl. between Blocks 5 and
6, vacated 5th St. between Blocks 6 and 7, vacated 5th Pl.
between Blocks 7 and 8, and also part of vacated S. Columbia Ave., said tract of
land being more particularly described as follows, to-wit: Beg. at a point that
is the SW/c of said Block 8 of Highlands 2nd Addition; thence N
00º03’00” E along the Wly line of said Block 8 and the Nly extension thereof for
350.00’ to the SW/c of said Block 7; thence S 89º40’27” W along the Wly
extension of the Sly line of Block 7 for 25.00’ to a point on the centerline of
vacated Columbia Ave.; thence N 00º03’00” E along the centerline of said vacated
S. Columbia Ave. for 820.49’ to a point on the Nly line of Lot 11, Block 5;
thence N 89º46’00” E along the Nly line of Block 5 for 635.96’ to the NE/c of
said Block 5; thence S 00º02’58” E along the Ely line of Blocks 5 thru 8 and the
Wly right-of-way line of S. Delaware Ave. for 1169.45’ to the SE/c of said Block
8; thence S 89º40’27” W along the Sly line of Block 8 for 613.00’ to the POB of
said tract of land.
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Modify condition of Special Exception for Use Unit 17 imposed in BOA 18323 to permit autos to remain on lot for five days instead of two days. SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL DISTRICTS -- Use Unit 17, located 215 S. Lewis Ave.
Presentation:
John Moody, 7146 S. Canton, for Lester Springer, the owner of the
subject property, stated the Board previously approved a special exception for
Use Unit 17 in BOA Case No. 18323, allowing autos to stay on the lot for two
days. The tenant has moved
out since this application was filed but Mr. Springer would like to find a use
for this property that would be acceptable to the neighborhood. Mr. Moody asked for a continuance to
give Mr. Springer time to meet with the task force of the Kendall-Whittier
neighborhood regarding screening and other issues.
Interested
Parties:
Maria Barnes, 2252 E. 7th St., stated she opposes
because she came to the previous case in 1999 to support the applicant on the
special exception. He has not
complied with the decision, and has not put in screening or landscaping.
Board
Action:
On MOTION of Dunham, the Board voted 5-0-0 (White, Dunham,
Turnbo, Perkins, Cooper "aye"; no "nays"; no "abstentions"; no "absences") to
CONTINUE Case No. 19124 to the meeting on August 14, 2001.
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Special Exception to allow automobile sales in a CS zoned district (Use
Unit 17). SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL
DISTRICTS -- Use Unit 17, located N of NW/c E. 21st St. &
129th E. Ave.
Presentation:
Steve Coder, 4111 E. 51st, stated he owns the subject
property that fronts 129th Street and some land around it. He proposes to put a car lot on the lot,
which is currently used for storage of boats, RV’s and cars. The lot already has an all-weather
surface, part of the building was a Napa Auto Parts store, and the back is
currently used for automotive motor rebuilding. The front of the building would
be used for offices. He pointed out
that the property next door is used for auto sales and
repair.
Comments
and Questions:
Mr. Beach noted that the property on which he wants to display cars is less than 300’ from an abutting R district, and he would need relief from that requirement. Mr. Dunham noted that he already stores recreational vehicles and cars on part of the property. Mr. Coder replied that he is in compliance for that property, according to Kurt Ackerman. Mr. Coder stated that the north lot was approved for boat and RV parking, subject to having a six-foot screening fence and an all-weather surface.
Dunham out at 5:42 p.m.
Interested
Parties:
Dunham returned at 5:44 p.m.
John Aighner, 12644 E. 19th St., submitted a petition
of opposition (Exhibit H-2). They
object to auto sales, additional storage buildings, and outside storage. They have complaints regarding weeds and
grass that have grown almost as tall as the fence. He pointed out the land erosion, no
landscaping, and construction debris.
Tom McBay, 1636 S. 117th E. Ave., stated he opposes the
application for special exception and would oppose a variance.
James Mautino, 14628 E. 12th St., with Tower Heights
Neighborhood Association, stated that in his opinion the applicant should be
trying to get re-zoning, not an exception or variance. He stated his opposition to this
case.
A letter of opposition (Exhibit H-1) was submitted to the
Board.
Applicant’s
Rebuttal:
Mr. Coder stated he has spoken with the owner of the property and was
encouraged to apply for the exception.
Board
Action:
On MOTION of Dunham, the Board voted 5-0-0 (White, Dunham,
Turnbo, Perkins, Cooper "aye"; no "nays"; no "abstentions"; no "absences") to
DENY a Special Exception to allow automobile sales
in a CS zoned district (Use Unit 17), finding that it would not be in harmony
with the spirit and intent of the Code, and would be injurious to the
neighborhood or otherwise detrimental to the public welfare.
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Variance to permit linear parking for funeral home per plan. SECTION 1303. DESIGN STANDARDS FOR OFF-STREET PARKING
AREAS and SECTION 1301. GENERAL
REQUIREMENTS -- Use Unit 11, located E of NE/c E. 41st St. & S.
Harvard.
Presentation:
John Moody, 7146 S. Canton, stated he was representing the
property owner, the applicant in this case. A Planned Unit Development (PUD) was
approved for this property to permit the use of the former church building for a
funeral home. The parking
requirements are met on this property.
The lineal parking used by a funeral home for escorting the family after
services does not comply with the zoning code.
Comments
and Questions:
Dunham asked for the square footage of assembly floor area and the number of parking spaces. Mr. Moody replied there are 164 parking spaces and possibly 7,000 square feet of chapel area.
Interested
Parties:
Jean Heidinger, 4123 S. Jamestown, stated she was verifying this
as the same plan provided to the Tulsa Metropolitan Area Planning
Commission.
Board
Action:
On MOTION of Dunham, the Board voted 5-0-0 (White, Dunham,
Turnbo, Perkins, Cooper "aye"; no "nays"; no "abstentions"; no "absences") to
APPROVE a Variance to permit linear parking for
funeral home, as depicted on the site plan submitted, finding it to be the
standard for the industry, 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:
The E
140¢ of the W
482.6¢ of the S
313.28¢ of the
SW/4, SW/4, SW/4, Section 21, T-19-N, R-13-E of the IBM, City of Tulsa, Tulsa
County, State of Oklahoma.
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Appeal from the decision of the administrative official that the subject property contains an unlawful auto salvage/auto repair/junk business in a residentially zoned district, located NE/c E. Apache & N. Toledo.
Presentation:
Steve Boles, 212, N. Main, Sand Springs, a
retirement/estate-planning consultant, stated he was representing Menzola
Evans-Jackson. The property is in a
trust and they have engaged an attorney, Larry J. Smith. Mr. Smith could not attend this
hearing. Mr. Boles stated that they
are in agreement with the administrative official and with the attorney’s
assistance will submit a written plan for putting the property in compliance
with the code. The property is
being zoned residential.
Comments
and Questions:
Mr. Cooper asked Mr. Jackere if the Board has jurisdiction to take action on the appeal since the time limitation is expired. Mr. Jackere replied the Board does not have jurisdiction. Mr. Boles asked if he could seek a variance. Mr. Jackere responded that they could seek a variance or re-zoning at a future date.
Interested
Parties:
Lorraine Haynes, 1416 N. Boston, co-trustee, stated they would
like to save the property and bring it into compliance.
Board
Action:
Mr. Dunham stated that they recognize the City of Tulsa Board of
Adjustment has no jurisdiction in this case. Case No. 19131 was
Stricken from the agenda.
Action
Requested:
Modification of tie agreement imposed as a condition of approval.
Presentation:
Mr. Beach stated that the Board having reviewed the case, needed only to make a decision, whether or not modifying the tie agreement would be consistent with the previous approval.
Board
Action:
On MOTION of Dunham, the Board voted 5-0-0 (White, Dunham,
Turnbo, Perkins, Cooper "aye"; no "nays"; no "abstentions"; no "absences") to
APPROVE a Modification of tie agreement imposed as a condition of
approval to free the most easterly portion so it can be sold in the lot-split,
per plan submitted today, on the following described
property:
Lot 16, Block 3, Timbercrest Addition, City of Tulsa, Tulsa County, State of Oklahoma.
*.*.*.*.*.*.*.*.*.*.*.
There being no further business, the meeting was adjourned at 6:12
p.m.
Date approved:______________________
__________________________________
Chair
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