CITY BOARD OF ADJUSTMENT
Tuesday,
August 28, 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 |
Boulden,
Legal |
|
Cooper Turnbo |
|
Butler |
|
|
White,
Chair |
|
|
|
|
Perkins |
|
|
|
The notice and agenda of said meeting was posted in the Office of INCOG, 201 W. 5th St., Suite 600, on Monday, August 27, 2001, at 10:15 a.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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Mr. Beach stated that the applicant applied for re-zoning and was denied,
so there is no need for the relief requested in this application. Mr. White announced that this case was
stricken from the agenda.
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Action
Requested:
Variance of off-street parking requirement of 273 spaces down to 192. SECTION 1212.D. USE UNIT 12. EATING ESTABLISHMENTS OTHER THAN DRIVE-INS, Off-Street Parking and Loading Requirements -- Use Unit 12, located 7113 S. Mingo.
Presentation:
Mike Bartlett, 4441 S. 72nd E. Ave., stated he is with
Mazzio’s Corporation. He introduced
Rex Hall, an engineer for Mazzio’s Corporation, and Bob Burkhart, a regional
manager for Zio’s. Mr.
Bartlett stated that they opened the first Zio’s at 71st and Mingo in
1994. He submitted a packet of
exhibits (A-1). He pointed out a
space that they leased for storage and restrooms two years ago, which did not
increase their seating capacity. He
described the congestion in the carryout area and parking area. Mr. Bartlett added that since the
shopping center has filled up with other businesses, the parking area is very
congested. He stated that the City
of Tulsa never informed them of any deficiency in parking space. He suggested that they would
probably try to use runners to deliver the carryout orders to the customer
cars.
Comments and
Questions:
Mr. Beach stated that 273 spaces would be required by the zoning code
based on the square footage. Mr.
Dunham noted that they have been out of compliance from the beginning.
Interested
Parties:
Mr.
White noted that the Board received a letter (Exhibit A-2) from the owner’s of
Ron’s in opposition to the application because of concern regarding the parking
congestion.
Comments and
Questions:
Mr. Cooper asked Mr. Bartlett to describe where the cars go and what happens when the parking lot fills up. Mr. Bartlett referred the question to Bob Burkhart.
Bob
Burkhart,
3224 N. Oak, Broken Arrow, Oklahoma, stated that often cars circulate through
the parking lot until a parking space becomes available. He added that sometimes customers park
in non-designated areas. Mr. Beach
stated that there has not been a change in parking requirements since the
restaurant was opened. Mr. Boulden
reminded the Board that the action would affect the entire lot and all future
owners because the variance goes with the land.
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 of off-street parking requirement of 273 spaces down
to 192, with conditions that no further additional square footage area, no more
seating, and no more kitchen area in any restaurant in this shopping center or
future restaurant, finding the restaurant has been in existence since 1994, on
the following described property:
Lot 1, Block 1,
East Pointe Center, City of Tulsa, Tulsa County, State of
Oklahoma.
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Action
Requested:
Special Exception for a church children’s nursery, which will be used by the public Monday – Friday, in an RM-1 district. SECTION 401. PRINCIPAL USES PERMITTED IN RESIDENTIAL DISTRICTS -- Use Unit 5, located 6621 E. Latimer Pl.
Presentation:
Derrel Harris, 5365 E. Young Pl., stated the church proposes to
start a day care center in the old sanctuary area.
Comments and
Questions:
Mr. White asked for the square footage of that area. Mr. Harris replied that it is 39’ x
65’. Mr. Dunham asked the size of
the new sanctuary. Mr. Harris
stated there are about 4,000 square feet in the new sanctuary. Ms. Turnbo asked about days and hours of
operation and number of children they plan to accept. Mr. Harris replied that they would be
open 6:00 a.m. to 6:00 p.m., Monday through Friday, for infants through 12 years
of age, and for 65 to 75 children.
Mr. Beach noted that the day care would only increase the number of
parking spaces by six spaces.
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
a Special
Exception for a church
children’s nursery, which will be used by the public Monday – Friday, in an RM-1
district, per plan, with conditions that hours of operation be Monday through
Friday, 6:00 a.m. to 6:00 p.m., no more than 75 children, from infants to 12
years of age, 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 9 and W ¼ Lot
8, Block 3, S/2 of NW/4, Section 35, T-20-N, R-13-E, City of Tulsa, Tulsa
County, State of Oklahoma.
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Don
Haslam
came before the Board and indicated that his case was supposed to be heard at
this hearing. Mr. Beach responded
that it had been inadvertently left off of the agenda.
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. 19048 to the meeting on September 11, 2001.
Action
Requested:
Special Exception to allow a manufactured home in an RS-3 zoned district. SECTION 401. PRINCIPAL USES PERMITTED IN RESIDENTIAL DISTRICTS -- Use Unit 9; and a Special Exception to extend the time limit to permanent. SECTION 404. SPECIAL EXCEPTION USES IN RESIDENTIAL DISTRICTS, REQUIREMENTS, located 3704 S. Jackson.
Presentation:
Bette Mathes, 3715 S. Olympia, stated that this property belonged
to her husband’s family.
Perkins out 1:50 p.m.
She stated that because there was so much vandalism they removed the
house and cleared the lot. They now
propose to put a mobile home on the property as a permanent residence.
Comments and
Questions:
Mr. White noted this area is in transition. Mr. Dunham commented there are other mobile homes in the area.
Interested
Parties:
There
were no interested parties present who wished to speak.
Board
Action:
On
MOTION
of
Dunham,
the Board voted 4-0-0 (White, Dunham, Turnbo, Cooper "aye"; no "nays"; Perkins
"abstained"; no "absences") to APPROVE
a Special
Exception to allow a
manufactured home in an RS-3 zoned district; and a Special
Exception to extend the time limit to permanent.
Mr. Boulden suggested that setting a specific number of years would be
more consistent with the time limit in the code.
On Amended Motion of
Dunham, the Board voted 4-0-0 (White, Dunham, Turnbo, Cooper "aye"; no
"nays"; Perkins "abstained"; no "absences") to
APPROVE
a Special
Exception to allow a
manufactured home in an RS-3 zoned district; and a Special
Exception to extend the time limit to thirty years, 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:
Lots 6 and 7,
Block 6, Garden City Addition, City of Tulsa, Tulsa County, State of
Oklahoma.
Perkins
returned at 1:55 p.m.
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Action
Requested:
Special Exception to allow a manufactured home in an RS-3 district. SECTION 401. PRINCIPAL USES PERMITTED IN RESIDENTIAL DISTRICTS -- Use Unit 9; and a Special Exception to extend the one-year time limit to indefinitely. SECTION 404. SPECIAL EXCEPTION USES IN RESIDENTIAL DISTRICTS, REQUIREMENTS, located 3636 S. Jackson.
Presentation:
Michael Seymore stated he represents Mary Carr, owner of the
subject property. The property is
vacant and they propose to place a mobile home on the lot.
Comments and
Questions:
Mr. White noted that the lot adjacent to the subject property was on the
site plan for this case. He also
noted a garage on that lot. He
asked if the applicant owns the lot with the garage. Mr. Seymore did not know if they own the
property at 3640 S. Jackson Ave., it has never come up in his conversations with
the applicants. Mr. Seymore asked
that the case be continued so as not to misrepresent the applicant.
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
CONTINUE Case No. 19171 to the meeting on September 11,
2001.
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Action
Requested:
Variance to allow a detached
accessory building in the front yard.
SECTION 402.B. ACCESSORY USES IN RESIDENTIAL DISTRICTS, Accessory Use
Conditions -- Use Unit 6; and a Variance of required front yard of 25’ down to
15’. SECTION 403. BULK AND AREA REQUIREMENTS IN THE
RESIDENTIAL DISTRICTS, located 445 S. 73rd E.
Ave.
Presentation:
Steve Wilson, 445 S. 73rd E. Ave., submitted
photographs and two letters of support (Exhibits C-1, C-2, and C-3). He stated that his elderly grandmother
needed the covering of this carport to get to and from her car. He pointed out there are several
carports in the neighborhood.
Comments and
Questions:
Mr. Dunham stated to clear the record is that the variance would be from
50’ to 40’. Mr. Beach confirmed Mr.
Dunham’s statement.
Interested
Parties:
Betty Willis,
6936 E. 5th Pl., stated she also owns property at 433 S.
72nd E. Ave., one block from the subject property. She stated that she has been told she
cannot enclose her front porch because it would not been in line with other
houses on the street.
Applicant’s
Rebuttal:
Mr. Wilson stated that the carport is attached to the house and garage so
it does not leak. He stated it
would have siding on the front to make it look presentable from the street. Mr. Boulden asked if there was anything
unique about this property.
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 Variance to allow a detached accessory
building in the front yard; and a Variance of required front yard
of 25’ down to 15’, with conditions that sides be open, not enclosed, front yard
reduced from 50’ to 40’, finding several carports have been approved in this
neighborhood, and it would 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:
Lot 10, Block 21,
Tommy Lee Addition, City of Tulsa, Tulsa County, State of
Oklahoma.
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Action
Requested:
Special Exception to allow an auto body paint booth within 150’ of an RM-1 zoned property. SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL DISTRICTS -- Use Unit 17, located 719 N. Lewis.
Presentation:
Janet Espino, 708 N. Victor Ave., submitted a floor plan, detail
plan, petition of support and large floor plan (Exhibits D-1, D-2, and
D-3). They have contacted neighbors
around the property regarding this application. There are two rooms in the building, one
room would be the office and the other would be a paint booth.
Comments and
Questions:
Ms. Turnbo asked how they would contain the fumes, odor and spray. Ms. Espino replied that the paint booth
would be closed off with special exhaust fans and filters to prevent
environmental pollution. She stated
that Larry Myers, an engineer in Oklahoma City was recommended to them by the
City of Tulsa for the planning and preparation of this paint booth. Mr. Dunham asked if this is currently a
body shop. Ms. Espino replied that
it is and they don’t do paint work any more, until they get all approval and
permits.
Interested
Parties:
Maria Barnes, 2252
E. 7th, stated she talked with the shop person. She recognized that they have cleaned up
the property significantly. She
stated concern that there is no parking in the front. Ms. Barnes was told the paint booth
would not arrive for three months.
She plans to support this, but she desires some assurance that it will be
tightly contained.
Comments and
Questions:
Mr. Dunham responded that the Environmental Protection Agency has very
strict standards and should be sufficient.
Applicant’s
Rebuttal:
Ms. Espino stated she has the same concerns as her neighbors for her own
family’s safety. She had confidence
that Mr. Myers would see that everything is done properly.
Comments and
Questions:
Ms. Perkins asked how many cars they plan to work on at one time, how
long would they be parked on the property and if they would be stored
inside. Ms. Espino replied that
they could park two cars in front and more on the side of the building. She added that if they have a lot of
customers waiting for their cars to be worked on, they ask the customer to come
back with the car closer to the time they will work on it. They store any cars left overnight
inside the shop.
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 an auto body
paint booth within 150’ of an RM-1 zoned property, on condition they meet all
City, State and Federal requirements regarding environmental and air quality,
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:
A part of Lot 17,
Block 3, Ohio Place Addition, more particularly described as follows, to-wit:
Beg. at the NW/c of Lot 17; thence E along the N property line of Lot 17, a
distance of 83.5’ to a point on said N property line; thence S a distance of
0.5’ to a point; thence W a distance of 83.5’ to a point on the W property line;
thence N along the W property line a distance of 0.5’ to the POB; AND Lot
18, Block 3, Ohio Place Addition, less and except: Beg. at the SE/c of Lot 18;
thence W along the S property line of Lot 18, a distance of 52’ to a point on
said S property line; thence N a distance of 10’ to a point; thence E a distance
of 52’ to a point on the E property line of Lot 18; thence S along the E
property line to the POB; AND Lot 19, Block 3, Ohio Place Addition, City
of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Variance of the allowable signage
in an OM district from 150 sq. ft. to 390 sq. ft. for both north and south side
of building. SECTION
602.4.b&c. ACCESSORY USES
PERMITTED IN OFFICE DISTRICTS -- Use Unit 5, a Variance of the height to 76.6’
and 73.4’. SECTION
602.4.b&c. ACCESSORY USES
PERMITTED IN OFFICE DISTRICTS, and a Variance to allow two signs per building
wall per street frontage.
SECTION 602.4.b&c.
ACCESSORY USES PERMITTED IN OFFICE DISTRICTS, located 1111 W.
17th St.
Presentation:
Mue Kessry, 1801 N. Willow Ave., Broken Arrow, Oklahoma, stated
they propose to add 98 square feet to the existing sign. The existing sign reads, Oklahoma State
University College of Osteopathic Medicine. They desire to add the words, Center for
Health Sciences. He pointed out
that in 1994 the Board heard Case No. 16815 regarding this sign. A site plan was provided (Exhibit
E-1).
Comments and
Questions:
Mr. Dunham questioned Mr. Kessry about the additional square footage
needed and if he was properly advertised.
Mr. Beach indicated that they might already be over the allowed square
footage of sign area. There is no
existing pole sign and the applicant therefore withdrew the request for a
variance of the height. Mr. Boulden
determined that the applicant was properly advertised. Mr. Cooper asked for a hardship.
Interested
Parties:
Tom Dooley,
4220 E. 77th St., stated that he is the Dean of Administrative
Affairs at the College of Osteopathic Medicine. He explained the significance of the
proposed change in wording is that the Center of Health Sciences allows more
than one college to participate there. The purpose for the old Board case
was to place the sign where it could be seen from the elevated expressway. Mr. Kessry informed the Board that in
1994 Mr. Bob Gardner defined the hardship, stating it was a large tract of land,
surrounded by mixed zoning.
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 of the allowable signage in an OM
district from 150 sq. ft. to 390 sq. ft. for both north and south side of
building; and a Variance to allow two signs per building wall per
street frontage, per plan, finding the hardship to be the configuration of the
land and the relationship of the land to the existing highway system and that
the zoning pattern surrounding the property suggests that it could be zoned for
a heavier zoning, on the following described property:
Block 5,
Riverview Park 2nd Addition, Blocks 5-12, City of Tulsa, Tulsa
County, State of Oklahoma.
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Action
Requested:
Variance of required rear yard of
25’ down to 10’. SECTION 403. BULK AND AREA REQUIREMENTS IN THE
RESIDENTIAL DISTRICTS -- Use Unit 6, located 3135 E. 42nd
St.
Presentation:
Dean Nunneley, 3514 E. 69th Pl., stated the owners have
asked him to build an addition to their home. He found that only one place would
be appropriate to add on to the house.
It is a corner lot so it has more frontage and it makes the lot a little
narrower than the others. A site
plan was submitted (Exhibit F-1).
Comments and
Questions:
Mr. Beach informed the applicant that he could select the front yard for
purposes of establishing the yard.
The opposite yard becomes the rear yard and the other two the side
yards. Mr. Nunneley stated that the
neighbors to the north and west that would be most affected are in support. He submitted three letters (Exhibits
F-2, F-3 and F-4) of support to the Board.
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 a Variance of required rear yard of 25’ down
to 10’, the north property line to be the rear yard, per plan, finding this to
be an existing home on a corner lot making it difficult if not impossible to
expand otherwise, on the following described property:
S 160’ of Lot 4,
Block 1, Sunnybrook Acres, City of Tulsa, Tulsa County, State of
Oklahoma.
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Action
Requested:
Special Exception to allow auto sales and repair in a CS zoned district. SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL DISTRICTS -- Use Unit 17, located 1336 N. Lewis.
Presentation:
Sandy Gomez, 2236 E. Oklahoma St., stated her business is at 1334
N. Lewis. She added that they
bought the property at 1346 N. Lewis.
Comments and
Questions:
Mr. Dunham asked the applicant what type of work they do. She replied that they do light mechanic
work on vehicles they sell. The
City informed them that they needed a mechanic permit, and a special exception
to do auto repair. Mr. Dunham asked
if they would service cars other than the ones they sell. Ms. Gomez replied that they would
probably do an oil change and tune up.
Mr. Dunham asked what the days and hours of operation for the mechanics
work would be. Ms. Gomez replied
that mechanic work is done from 9:00 a.m. to 5:00 or 6:00 p.m., Monday through
Saturday. Mr. Boulden asked if they
have ever had any Code Enforcement cases brought against them or any citations
for violations. Ms. Gomez responded
they were cited for trash and debris.
She added that they have done everything they can do to clean up the
property and comply with the zoning code.
The City did come to the property one time to pick up a wrecked car. Mr. White noted that they have cleaned
the property so that it looks good.
Mr. Boulden asked if they would object to a condition on the special
exception that it was in effect only as long as they own the adjacent property
to the west. Mr. Dunham commented
that if they sold the adjacent property to the west the special exception would
be terminated. Ms. Gomez indicated
agreement.
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 a Special
Exception to allow auto sales
and repair in a CS zoned district, with the conditions that days and hours of
operation be Monday through Saturday, 9:00 a.m. to 6:00 p.m., restricted to
light mechanical work, no inoperable vehicles be stored on the property for more
than 48 hours, and this special exception be in effect only as long as the
applicant owns the adjacent RM-2 property to the west, and if the RM-2 property
to the west were ever sold by the applicant that this special exception would
cease, on the following described property:
E 115’ of N 125’,
Springdale Acre, City of Tulsa, Tulsa County, State of
Oklahoma.
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Case
No.
19177
Action
Requested:
Special Exception for a mobile home in an RS-4 district. SECTION 401. PRINCIPAL USES PERMITTED IN RESIDENTIAL DISTRICTS -- Use Unit 9; and a Special Exception to waive the one-year time limit to permanently. SECTION 404.E.1. SPECIAL EXCEPTION USES IN RESIDENTIAL DISTRICTS, REQUIREMENTS, located 5205 E. Woodrow St. N.
Presentation:
Albert Cecil, 2112 N. Darlington Pl., stated that he purchased the
property several years ago, removed the house and has maintained it. There is a 24-inch sewer line running
across the property. He stated that
it was not feasible to build a home there but a 16’ x 80’ mobile home would fit
in the northwest corner. He added
that there are seven other mobile homes within two and one-half blocks of the
property. Mr. Cecil pointed out
that no houses could be built across the street.
Comments
and Questions:
Ms. Perkins asked if a 25-year limitation on the relief would be
acceptable. Mr. Cecil was agreeable
to that.
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 a Special
Exception for a mobile home in
an RS-4 district; and a Special Exception to waive the one-year
time limit to 25 years, per plan, with conditions to meet all City codes, and a
permanent driveway, on the following described property:
Lot 18, Block 5,
Industrial Addition-Dawson, City of Tulsa, Tulsa County, State of
Oklahoma.
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Case No.
19178
Action
Requested:
Special Exception to allow a tent revival in a CS and OL zoned district for 2001, 2002 and 2003 for three months each year. SECTION 1202.A. USE UNIT 2. AREA-WIDE SPECIAL EXCEPTION USES, Description -- Use Unit 2; and a Special Exception of the all-weather surface parking for off-street parking on property during activity. SECTION 1202.C. USE UNIT 2. AREA-WIDE SPECIAL EXCEPTION USES, Use Conditions, located 2602 N. Lewis.
Presentation:
Mr. Beach informed the Board that when the sign was put up on the subject property, someone came out of the church and informed the sign person that it did not belong on that property. Leonel Robless, 2015 Richardson Dr., Richardson, Texas was present to present the case.
Comments
and Questions:
Mr. Boulden commented that Greg Robertson came to oppose the application; he thought the address was wrong, but he had to leave. Mr. Beach discovered that the legal description was incorrect. He stated that the case would need to be continued to properly advertise the case with the correct legal description.
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. 19178 to the meeting on September 25, 2001, to
allow time to advertise with a correct legal description.
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Case No.
19179
Action
Requested:
Special Exception to permit parking in an RM-2 district. SECTION 401. PRINCIPAL USES PERMITTED IN RESIDENTIAL DISTRICTS -- Use Unit 25; a Special Exception to permit parking on a lot other than where the principal use is located. SECTION 1301. GENERAL REQUIREMENTS; a Special Exception of screening requirement from abutting R district to permit the screening to be along the RM-2 property line. SECTION 1301. GENERAL REQUIREMENTS; and a Special Exception to permit a Use Unit 25 machine shop in a CH district. SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL DISTRICTS and SECTION 1225.C. USE UNIT 25. LIGHT MANUFACTURING AND INDUSTRY, Use Conditions, located 2222 N. Sheridan.
Presentation:
Scott Pryer, 2222 N. Sheridan, stated the request is to allow
Nordam and American Airlines to expand for production.
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 a Special
Exception to permit parking in
an RM-2 district; a Special Exception to permit parking on a lot
other than where the principal use is located; a Special Exception
of screening requirement from abutting R district to permit the screening to be
along the RM-2 property line; and a Special Exception to permit a
Use Unit 25 machine shop in a CH district, subject to a tie-agreement tying all
of these properties together, with the exception of the screening requirement,
that all landscape requirements be met, on the following described
property:
A tract of land
beginning 495’ W of the SE/c of the N/2 SE/4 SE4 NE4 of Section 27, T-20-N,
R-13-E of the IBM; thence N 264.11’, thence E 235’; thence S 264.11’; thence W
235’ to the POB, AND the W 222.5’
E 470’ N 65.89’ N/2 SE/4 SE/4 NE/4 of Section 27, T-20-N, R-13-E of the IBM;
AND the S 105’ S/2 NE/4 SE/4 NE/4 of Section 27, T-20-N, R-13-E of the
IBM, less and except the W 190’ thereof; AND the N 132’ SE/4 NE/4 SE/4
NE/4 of Section 27, T-20-N, R-13-E of the IBM, except the E 35’ thereof;
AND the E 330’ N 93’ S 198’ NE/4 SE/4 NE/4 of Section 27, T-20-N, R-13-E
of the IBM, all in the City of Tulsa, Tulsa County, State of
Oklahoma.
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Case
No.19180
Action
Requested:
Special Exception to allow Use Unit 6 in an OL zoned district. SECTION 601. PRINCIPAL USES PERMITTED IN OFFICE DISTRICTS -- Use Unit 6; and a Variance of setback from the centerline of Pine of 100’ to 26’ from the actual property line abutting Pine. SECTION 603. BULK AND AREA REQUIREMENTS IN THE OFFICE DISTRICTS, located 1504 N. Boston Ave.
Presentation:
Tom McDermitt, 6933 S. 66th E. Ave., stated he was
trying to build a house on property purchased from the Tulsa Development
Authority. He discovered it was not
zoned for residential use.
Comments
and Questions:
Mr. Dunham clarified the variance request is for a setback from the
centerline of Pine of 100’ to 76’ from the centerline of Pine.
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 a Special
Exception to allow Use Unit 6 in
an OL zoned district; and a Variance of setback from the
centerline of Pine of 100’ to 76’ from the centerline of Pine, per plan, finding
the hardship to be that to apply the 100’ setback would render the property to
be unbuildable, on the following described property:
N 30’ of Lot 12
and Lot 11, Block 1, Englewood Addition, City of Tulsa, Tulsa County, State of
Oklahoma.
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Case
No.19181
Action
Requested:
Special Exception to allow Use Unit 17, auto repair in a CS zoned district. SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL DISTRICTS -- Use Unit 17, located 3165 S. Mingo Rd.
Presentation:
Randy Case, 10410 N. 123rd E. Ave., Owasso, Oklahoma,
stated that he needed a special exception for auto repair.
Comments
and Questions:
Ms. Perkins asked what type of auto repairs would be done at this
location. Mr. Case replied that
they would do a little of everything.
She asked if they would have outside storage of inoperable cars,
equipment or materials. Mr. Case
responded they would not. Mr. White
asked if they were going to tear down the existing storage building. Mr. Case responded that both existing
buildings would be torn down and would start building new structures. Mr. Dunham asked if the property has
been removed from the 100-year flood plain. Mr. Case stated that it has been removed
from the flood zone. Mr. Boulden
asked if the applicant has received any complaints regarding the storage of
vehicles on the property. Mr. Case
indicated they have not received such complaints. He stated that they only have two stalls
currently. Mr. Beach informed the
applicant that the code does not allow for any merchandise storage or display
for sale outside within 300’ of the south property line. Mr. White noted that would be the whole
property. Mr. Case commented that
one business sends five cars at a time to be worked on and after repairs they
pick up all five. Mr. Case
added that it was a car lot when he purchased it and is currently a car lot but
they plan for it to be a repair shop only.
Mr. Dunham asked about days and hours of operation. Mr. Case replied Monday through Friday
from 8:00 a.m. to 6:00 p.m.
Mr. Boulden informed the applicant that the zoning code allows a special
exception to be granted for the use of auto repair. The special exception comes with
conditions including: screening requirement from an abutting residential
district, and no open-air storage or display of merchandise offered for sale
within 300’.
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 a Special Exception to allow Use Unit 17, auto repair in a CS zoned
district, with conditions for days and hours of operation to be Monday through
Friday, 8:00 a.m. to 6:00 p.m., that no cars for repair be stored for more than
48 hours, and meet all screening and landscaping requirements, 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 2, Block 1,
Mingo Plaza, City of Tulsa, Tulsa County, State of
Oklahoma.
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Case No.
19182
Action
Requested:
Variance of Section 602.B.4. to
allow two business signs on Yale (one at 40 sq. ft. and one at 78 sq. ft.) for a
total of 118 sq. ft. SECTION
602.B.4. ACCESSORY USES PERMITTED IN OFFICE DISTRICTS, Accessory Use Conditions
and SECTION 1103.B. USES PERMITTED IN A PLANNED UNIT DEVELOPMENT, Accessory
Uses, located SW/c E. 71st St. & S. Yale
Ave.
Presentation:
Lou Reynolds, 2727 E. 21st St., stated he was
representing Mid-First Bank. He
described the need to have two smaller signs instead of one large sign for
better visibility.
Comments
and Questions:
Mr. Boulden asked for the unique problem with the land. Mr. Reynolds replied there is a steep
elevation to the street.
Interested
Parties:
There were no interested parties present who wished to
speak.
Board
Action:
On MOTION of Perkins, the Board voted 5-0-0 (White, Dunham,
Turnbo, Perkins, Cooper "aye"; no "nays"; no "abstentions"; no "absences") to
APPROVE a Variance of Section 602.B.4. to
allow two business signs on Yale (one at 40 sq. ft. and one at 78 sq. ft.) for a
total of 118 sq. ft, finding the hardship to be the topography of the land on
which the signs will be placed, per plan, on the following described
property:
Lots 1 and 2,
Block 1, Executive Center Amended, City of Tulsa, Tulsa County, State of
Oklahoma.
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Case No.
19183
Action
Requested:
Special Exception to the uses allowed in the RM-2 district per Section 401. (parking). SECTION 401. PRINCIPAL USES PERMITTED IN RESIDENTIAL DISTRICTS -- Use Unit 6; a Variance to waive the all-weather surfacing requirement per Section 1303.D. SECTION 1303.D. DESIGN STANDARDS FOR OFF-STREET PARKING AREAS; and a Variance to waive the screening requirement per Section 1303.E. for the period of time from 9-4-01 to 9-9-01. SECTION 1303.E. DESIGN STANDARDS FOR OFF-STREET PARKING AREAS, located Country Club Dr. & Marshall/Newton Sts.
Presentation:
Jon Klinghagen, 7247 W. Cameron, stated the request is for
temporary parking for the LPGA Tournament.
White out at 4:06 p.m.
Interested
Parties:
There were no interested parties present who wished to
speak.
Board
Action:
On MOTION of Cooper, the Board voted 4-0-0 (White, Dunham, Turnbo,
Perkins, Cooper "aye"; no "nays"; no "abstentions"; no "absences") to
APPROVE a Special Exception to the uses allowed in the RM-2 district per Section
401. (parking); a Variance to waive the all-weather surfacing
requirement per Section 1303.D; and a Special Exception to waive
the screening requirement per Section 1303.E. for the period of time from 9-1-01
to 9-10-01, finding it would 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:
Osage Hills Apartments Block 4, Lots 3, 4, 5, and 6; Block 5, Lots 3, 4, and 5; and Block 6, Lots 1, 2, and 3, City of Tulsa, Tulsa County, State of Oklahoma.
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White returned at 4:08 p.m.
Case No.
19184
Action
Requested:
Variance of required setback from West Latimer Street (closed) to 0’ for expansion of existing building over closed right-of-way for use as community center. SECTION 403. BULK AND AREA REQUIREMENTS IN THE RESIDENTIAL DISTRICTS -- Use Unit 5, located 926 N. Osage Dr.
Presentation:
Roy Johnsen, 201 W. 5th St., Ste. 501, stated he was
representing Michael’s Development.
The relief requested is for a community center in the Osage Hills area.
Interested
Parties:
There were no interested parties present who wished to
speak.
Board
Action:
On MOTION of Cooper, the Board voted 5-0-0 (White, Dunham,
Turnbo, Perkins, Cooper "aye"; no "nays"; no "abstentions"; no "absences") to
APPROVE a Variance of required setback from West Latimer Street
(closed) to 0’ for expansion of existing building over closed right-of-way for
use as a community center, finding that the streets are already closed and that
the setback would not be material to any utilized roadways, on the following
described property:
Lot 1, Block 8,
Osage Hills Addition; Lot 3 & 4, Block 4, Osage Hills Apartments, City of
Tulsa, Tulsa County, State of Oklahoma.
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Case No.
19186
Action
Requested:
Minor Special Exception to approve a modified site plan, located N of
NW/c of E. 71st St. & Mingo.
Presentation:
Daren Akerman, 6111 E. 32nd Pl., stated this item is
before the Board as a reconfiguration of the site plan that was approved
approximately one year ago. This is
a multipurpose center that includes more parking, which incorporates the
separate buildings that were approved for the previous 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 a Minor Special Exception to approve
a modified site plan, located N of NW/c of E. 71st St. & Mingo,
subject to all of the street frontage, parking area landscaping in accord with
the landscape chapter of the zoning code, on the following described
property:
NE/4 SE/4 and N
400’ of SE/4 SE/4, Section 1, T-18-N, R-13 -E, City of Tulsa, Tulsa County,
State of Oklahoma.
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MINUTES:
On MOTION of Dunham,
the Board voted 5-0-0 (White, Dunham, Turnbo, Perkins "aye"; no "nays"; no
"abstentions"; Cooper "absent") to APPROVE the amended Minutes of
June 26, 2001 (No. 821).
There being no further business, the meeting was adjourned at 4:18 p.m.
Date approved:______________________
__________________________________
Chair
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