CITY BOARD OF ADJUSTMENT
Tuesday,
April 23, 2002, 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 |
Perkins |
Beach |
Boulden,
Legal |
|
Cooper Turnbo |
|
Butler
|
|
|
White,
Chair |
|
|
|
The notice and agenda of said meeting was posted in the Office of INCOG, 201 W. 5th St., Suite 600, on Friday, April 19, 2002, at 2:02 a.m., as well as at the City Clerks 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. Jim Beach
read the rules and procedures for the Board of Adjustment Public
Hearing.
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Action
Requested:
Variance to allow outside, open-air storage and display of merchandise for sale within 300 of an R zoned district. SECTION 1214.C.1.d. USE UNIT 14. SHOPPING GOODS AND SERVICES, Use Conditions; and a Special Exception for open air activities other sales of merchandise. SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL DISTRICTS Use Unit 14 / 2, located 536 S. Sheridan.
Mr. Beach stated the case was continued to this meeting from a previous meeting. The applicant has withdrawn the application, regarding the following described property:
E 85 S 152.5 less E 15 for street, Block 29, Glenhaven, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Variance to exceed permitted height to the top of the top plate from 10 to 147½ and to exceed total height permitted from 18 to 2310½ for a detached accessory building in an RS-1 district. SECTION 210.B.5.a. YARDS, Permitted Obstructions in Required Yards Use Unit 6, located 3125 S. Columbia.
Mr.
Beach informed the Board that the applicant has withdrawn this case, for the
following described property:
Lot 4, Block 1, The Trees, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Variance of required side yard from
10 to 5 in an RS-2 district.
SECTION 403.B. BULK AND AREA REQUIREMENTS IN THE RESIDENTIAL DISTRICTS,
Bulk and Area Requirements in the RMH District Use Unit 6, located S of SE/c
E. 23rd St. & S. Columbia Ave.
Mr.
Beach stated this application has been withdrawn for the following described
property:
Lot 4, Block 2, Quinlan Addition, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception for a bed and breakfast inn, one guest room over garage. SECTION 401. PRINCIPAL USES PERMITTED IN THE RESIDENTIAL DISTRICTS Use Unit 2, located 1639 South Cheyenne.
Mr.
Beach stated that Tracy Horner Shears submitted a request from the Riverview
Neighborhood Association for a continuance of Case 19338 for thirty days
(Exhibit E-1). She stated
that the neighborhood association has not had a chance to meet with the
applicant to negotiate agreeable terms of the business operation. She invites the applicant to attend one
of two of their regularly scheduled executive board
meetings.
Mr.
White asked the applicant to respond.
Stephen
Collinson,
1639 S. Cheyenne, stated he has not spoken with a board member of the
neighborhood association because they have not had a scheduled meeting since he
made the application. He stated
that he thought if they had concerns they would have contacted him.
Mr.
White discussed the request for continuance with the Board and announced they
would hear it in the normal sequence on the agenda.
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MINUTES:
On MOTION of Cooper, the Board voted 4-0-0
(White, Dunham, Turnbo, Cooper "aye", no "nays", no "abstentions", Perkins
absent) to APPROVE the
Minutes of April 9, 2002 (No.839).
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Action
Requested:
Special Exception to permit existing construction company uses in CS district. SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL DISTRICTS Use Unit 15; a Special Exception to permit Building Contract Construction Services, Use Unit 25, in a CH district, including but not limited to heavy construction equipment/storage parking. SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL DISTRICTS Use Unit 25; and a Variance to allow Use Unit 25 uses to be conducted outside (not in a building) on CH property within 300 of residential property. SECTION 1225.C.1. USE UNIT 25. LIGHT MANUFACTURING AND INDUSTRY, located 401 S. Memorial.
Presentation:
Kevin Coutant, 320 S. Boston, stated he was representing the
owners of the property Arthur and Cathy Couch. He stated they are trying to bring
the zoning status of the property into conformity with the current use. A general utility contractor company has
used the property since 1959. In
1995 the Board gave a limited term special exception to permit the existing use
of a construction company in a CS district. Neighbors made complaints regarding the
outside storage. The company needs
outside storage. This case was
continued to this hearing to give the applicant time to work through issues with
the neighborhood. The company has
cleaned up the property in the OL district; the equipment and materials were
moved to the CH area; and a berm of six to eight feet was placed to separate and
screen the area. The
neighborhood indicated satisfaction in the changes. The company would like to extend the
berm instead of a fence to complete the screening, which is favorable to the
neighborhood also.
Comments and
Questions:
Mr.
White asked if there would be anything on the OL property. Mr. Coutant replied the OL would be
clear open field, with no storage.
Mr. Boulden asked if permits were obtained for the earth moving and if
the changes have affected flooding in the area. Mr. Coutant did not know about the
permitting issue, but would accept such conditions. Mr. Boulden commented that if the Board
required berms they would need to be approved by the Public Works
Department. Mr. Boulden asked if
there is a clear demarcation so that outside storage does not spill over into
the OL district again. Mr. Coutant
replied that there isnt currently, but there is a post that would identify one
corner. Mr. Boulden suggested a
fence and/or sign to define the separation.
Interested
Parties:
Tom
Hutchinson,
8345 E. 85th Pl., stated he and his wife were supportive of the
application since meeting with the applicant and seeing the corrections they
have made. He submitted a letter in
favor (Exhibit A-2) of the application.
He complimented the new berm, iron fence and landscaping.
Comments
and Questions:
Mr.
Boulden asked if Mr. Hutchinson has noticed if the berm has affected the
drainage with the recent rain. Mr.
Hutchinson responded that he checked on the water flow during the rain and found
no interference with the drainage at all. Mr. Boulden asked if he would be
able to see materials stored on the office property from the street. Mr. Hutchinson replied in the
affirmative.
Mr.
White announced that Mr. Cooper would abstain from Case No.
19314.
Board
Action:
On
MOTION
of Dunham,
the Board voted 3-0-1 (White, Dunham, Turnbo, "aye"; no "nays"; Cooper
"abstained"; Perkins absent) to APPROVE
a
Special Exception to
permit existing construction company uses in CS district; a Special
Exception to permit Building Contract Construction Services, Use Unit
25, in a CH district, including but not limited to heavy construction
equipment/storage parking; and a Variance to allow Use Unit 25
uses to be conducted outside (not in a building) on CH property within 300 of
residential property, finding it will not cause substantial detriment to the
public good or impair the purposes, spirit, and intent of the Code, or
Comprehensive Plan, subject to maintenance and continuation of the berm
along the south OL property line that would run the distance of the CH property
and turn back to the north and tie into the east line of the CH property, and
some marking along the south property line of the CH property to depict the
boundary that would be visible to the neighborhood, and no storage or activities
relating to the construction company be conducted in the OL district, on the
following described property:
A tract of land in the NW/4 of Section 1, T-19-N, R-13-E, of the IBM, being more particularly described as follows, to-wit: Starting at a point 627.40 E and 30 N of the SW/c NW/4 of said Section 1; thence N 0°1919 W a distance of 180.00 to the POB; thence continuing N 0°1919 W a distance of 276.00; thence N 89°3842 E a distance of 699.31; thence S 0°1919 E a distance of 276.00; S 89°3842 W a distance of 699.31 to the POB, AND a tract of land in the NW/4 of Section 1, T-19-N, R-13-E of the IBM, being more particularly described as follows, to-wit: Beg. 210.00 N SW/c NW/4 of Section 1, T-19-N, R-13-E of the IBM; thence N 276.00; thence E 627.40; thence S 276.00; thence W 627.40; to the POB, all in the City of Tulsa, Tulsa County, Oklahoma.
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Action
Requested:
Variance of required setback from a public street from 50 to 42 from centerline along North Greenwood Place. SECTIONS 403 AND 703. BULK AND AREA REQUIREMENTS IN THE RESIDENTIAL AND COMMERCIAL DISTRICTS Use Unit 5; a Variance of required setback from a public street from 50 to 2411 from centerline along North Hartford Avenue. SECTION 403. BULK AND AREA REQUIREMENTS IN THE RESIDENTIAL DISTRICTS Use Unit 5; a Variance of required setback from a public street from 50 to 42 from centerline along East Pine. SECTION 703. BULK AND AREA REQUIREMENTS IN THE COMMERCIAL DISTRICTS Use Unit 5; a Special Exception to permit Use Unit 5, Library, in an RS-3 and CS zoned districts. SECTIONS 401 AND 701. PRINCIPAL USES PERMITTED IN THE RESIDENTIAL AND COMMERCIAL DISTRICTS Use Unit 5; and a Variance to allow required parking on a lot other than the lot containing the primary use. SECTION 1301.D. OFF-STREET PARKING AND OFF-STREET LOADING; GENERAL REQUIREMENTS, located 1520 North Hartford.
Presentation:
Nathan Koch, 324 E. 3rd, stated he is with Olsen Coffey
Architects, representing Tulsa City/County Library System. They propose to remodel this existing
library. The storm sewer easement
runs under this building. The sewer
is not under the building but very close.
The plans were prepared with this hardship in mind. The majority of the work is on the
interior. A site plan (Exhibit B-1)
was provided.
Interested
Parties:
There
were no interested parties who wished to speak.
Board
Action:
On
MOTION
of Dunham,
the Board voted 4-0-0 (White, Dunham, Turnbo, Cooper "aye"; no "nays"; no
"abstentions"; Perkins absent) to APPROVE
a
Variance of
required setback from a public street from 50 to 42 from centerline along
North Greenwood Place; a Variance of required setback from a
public street from 50 to 2411 from centerline along North Hartford Avenue; a
Variance of required setback from a public street from 50 to 42
from centerline along East Pine; a Special Exception to permit Use
Unit 5, Library, in an RS-3 and CS zoned districts; and a Variance
to allow required parking on a lot other than the lot containing the primary
use, with condition for a tie-agreement with the lot for parking, per plan,
finding the hardship to be the existing storm sewer, the parking will be close
by, and finding it will not cause substantial detriment to the public good or
impair the purposes, spirit, and intent of the Code, or Comprehensive Plan, , on
the following described property:
All of Lots 1, 2, and 3 and the Nly 220.00 of Lots 4 and 5, Block 6, Dunbar Addition, City of Tulsa, Tulsa County, State of Oklahoma; and part of Lot 1, Block 9, Roosevelt Addition, and more particularly described as Beg. at the NW/c of said Lot 1, thence S along the W line to the SW/c of said Lot 1, thence E along the S line for a distance of 10.00 thence NEly, on a straight line to a point on the N line of said Lot 1, located 14.48 E of the NW/c of Lot 1, thence W on the N line to the NW/c of said Lot 1 and the POB, and all of Lots 2, 3 and 4 and the Nly 110.00 of Lot 5, Block 9, Roosevelt Addition; and part of Lot 9, Block 8, Roosevelt Addition, and more particularly described as Beg. at the NW/c of said Lot 9, thence S on the W line to the SW/c, thence E on the S line for a distance of 15.52 thence NEly on a straight line to a point on the N line of said Lot 9, located 20.00 E of the NW/c thence W on the N line to the NW/c of said Lot 9 and the POB and all of Lots 6, 7 and 8, Block 8, Roosevelt Addition.
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Action
Requested:
Variance of the requirement for 30 of frontage on a public street or
dedicated right-of-way to 0 for two lots to be created by a lot-split. SECTION 206. STREET FRONTAGE REQUIRED,
located 4021 East 104th Street South.
Presentation:
Robert M. Miles, 4016 E. 104th St. S., submitted a plat
of survey (Exhibit C-1). He
proposes to split off the west two parcels. The neighbor has an existing driveway
crossing one of the parcels. Mr.
Miles stated he has designated a road/utility easement. The right-of-way exists but the
roadway stops about midway through Tract 1. He proposes to use the existing driveway
for Tract 2, also.
Comments and
Questions:
Mr.
White questioned the need for the additional right-of-way. Mr. Beach responded there is no actual
physical public street and because of the surrounding development, there is no
place to extend the street. Mr.
Beach suggested the easement be written to give access to all three pieces of
property filed of record.
Interested
Parties:
There
were no interested parties who wished to speak.
Board
Action:
On
MOTION of Dunham, the Board voted 4-0-0 (White, Dunham, Turnbo,
Cooper "aye"; no "nays"; no "abstentions"; Perkins absent) to
APPROVE a Variance of the requirement for 30 of
frontage on a public street or dedicated right-of-way to 0 for two lots to be
created by a lot-split, subject to a mutual access and utility easement filed of
record along the existing driveway for the benefits of Tracts 1, 2 and 3,
finding it will not cause substantial detriment to the public good or impair the
purposes, spirit, and intent of the Code, or Comprehensive Plan, on the property
described as follows:
A part of the N/2 SE NW, Beg. at the NE/c of N/2 SE NW; thence W 391.93 S 306.5; E 391.89 to E line of N/2 SE NW; N 306.40 to POB, Section 28, T-18-N, R-13-E, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception to allow five portable units (manufactured buildings)
for two years for classrooms SECTION 901. PRINCIPAL USES PERMITTED IN INDUSTRIAL
DISTRICTS Use Unit 5; and a Approval of an amended site plan to include locker
rooms at the football stadium. SECTION 901. PRINCIPAL USES PERMITTED IN
INDUSTRIAL DISTRICTS Use Unit 5, located NE/c E. Latimer and N.
129th East Ave.
Presentation:
Mike Lowery, 1619 S. Boston, stated he is an architect in
partnership with Wallace O. Wozencraft.
The church proposes to place portable units for classrooms for two years
and the addition of locker rooms in an amended site plan (Exhibit D-1).
Interested
Parties:
There
were no interested parties who wished to speak.
Board
Action:
On
MOTION of Dunham, the Board voted 4-0-0 (White, Dunham, Turnbo,
Cooper "aye"; no "nays"; no "abstentions"; Perkins absent) to
APPROVE a Special Exception to allow five portable
units (manufactured buildings) for two years for classrooms; and a Approval of
an amended site plan to include locker rooms at the football stadium, per
amended site plan, on the following described property:
Lot 2, Block 1, Trinity Park Resubdivision, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception to allow a manufactured home in an RM-2 district; a
Special Exception to extend the time limit; and a Variance to allow two
dwellings on one lot, located 5123 West 11th
Street.
Presentation:
Cynthia Nail, 5521 E. Newton Pl., proposes to place a 16 x 80
manufactured home on the back of the subject property. The property belongs to her
mother-in-law. She informed the
Board that 10th Street does not actually go through.
Comments and
Questions:
Mr.
White questioned Ms. Nail regarding splitting the lots. Ms. Nail responded that they thought it
would be easier and cheaper to do it according to the plan they submitted. Mr. Dunham noted that 10th
Street on the site plan is labeled the south property line, but for the record
it is the north property line. Mr. Dunham asked if the home was new or
used. She replied that she bought
it new in 1998.
Interested
Parties:
Weldon Brewer,
5144 W. 10th, stated his opposition to the application. He felt that a mobile home is not
appropriate in the neighborhood among 60 to 70 year old stick-built homes. He was concerned that it would set a
precedent.
Shirley
Nail,
stated she owns the property. She
informed the Board there are already mobile homes in the area, and recently one
was approved and placed on
12th Street.
Applicants
Rebuttal:
Ms.
Nail stated she is also opposed to run-down mobile homes. She stated her interest in bettering her
family by owning their own property in a better
neighborhood.
Comments
and Questions:
Mr.
Boulden asked for a hardship.
Mr. Dunham noted that this lot is deeper than the other lots nearby that
were the same size and have been split into two lots.
Board
Action:
On
MOTION of Cooper, the Board voted 4-0-0 (White, Dunham, Turnbo,
Cooper "aye"; no "nays"; no "abstentions"; Perkins absent) to
DENY a Special Exception to allow a manufactured
home in an RM-2 district; a Special Exception to extend the time
limit; and a Variance to allow two dwellings on one lot, finding a
lack of hardship, and finding it would cause substantial detriment to the public
good or impair the purposes, spirit, and intent of the Code, or Comprehensive
Plan, on the following described property:
Lot 3, Block 8, Vern Subdivision Amended, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception for a bed and breakfast inn, one guest room over garage. SECTION 401. PRINCIPAL USES PERMITTED IN THE RESIDENTIAL DISTRICTS Use Unit 2, located 1639 South Cheyenne.
Presentation:
Stephen Collinson, 1639 S.
Cheyenne, stated that he has spoken with Ms. Pound with the Oakwood Condominium
Association; and he would be willing to have his case continued per Ms. Shears
request to deal with the issues.
Board
Action:
On
MOTION of Dunham, the Board voted 4-0-0 (White, Dunham, Turnbo,
Cooper "aye"; no "nays"; no "abstentions"; Perkins absent) to
CONTINUE Case No. 19338 to the meeting on May 28, 2002.
Lot 10, Block 9, Stonebraker Heights, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception for an addition to an existing public park to include a
sensory and childrens gardens, deck for demonstration purpose, water feature
and concrete walk, located East 25th Street and South
Rockford.
Presentation:
Greg Warren, stated he is the Data Resource Manager for the Tulsa
Park and Recreation Department.
He stated the request for a special exception in Woodward Park in the
garden center. A site plan (Exhibit
F-1) was provided
Comments and
Questions:
Mr.
Dunham asked about screening plans on the east boundary. Mr. Warren replied that they screened
the parking lot to the south of the visitors center and back to the south to
screen the residence, as agreed in the previous Board action. Mr. Dunham asked if there was screening
fence along the east boundary line.
Mr. Warren replied there is no screening on the east. Mr. Cooper asked about the proposed
hours of use for the facility. Mr.
Warren stated 8:00 a.m. to 10:00 p.m., Monday through
Sunday.
Interested
Parties:
Jill
Tarbell,
3111 S. Madison, stated she was in favor of the application for the small
childrens garden, handicap accessibility, and water feature.
Joe
Van Hook,
16125 E. 460 Rd, Claremore, Oklahoma, stated he is a volunteer in the childrens
program. He feels that giving
children experience in horticulture provides early learning in lifes
lessons. He felt this facility is
an asset to the City of Tulsa. He
submitted a packet of information (Exhibit F-3) to the Board.
Mr.
White out at 2:25 p.m
He
added that the barn meets the practical needs of the facility. Mr. Van Hook stated that if the
operating hours have to stop at 4:00 p.m. that would eliminate the most
productive hours for the use of the barn, for classes.
Comments
and Questions:
Mr.
White returned at 2:27 p.m.
Interested
Parties:
Marty
Hearn,
5508 W. Orlando Circle, Broken Arrow, Oklahoma, stated that the sensory garden
is for the experience of using all of the senses. Ms. Turnbo asked if the children get in
the water. Ms. Hearn responded that
it is small and not for the children to get into the water.
Mr.
Dunham out at 2:30 p.m.
Mary
Athens,
1537 E. 27th St., stated the original plans for the barn were to be
an office for use in the daytime and a meeting place in the evening.
Steve
McCurley,
1214 S. Urbana Ave., stated he is currently the treasurer of the Tulsa Garden
Center. He stated that the Garden
Center is a non-profit organization.
They have had an agreement since 1954 with the City of Tulsa, renewed in
1984, 1999, and amended in 2000, including the barn. They have worked well with the City and
neighbors regarding improvements to the grounds and facilities.
Comments
and Questions:
Ms.
Turnbo asked the plans for the use of the barn in the evenings.
Mary
Warner,
3168 S. Rockford Dr., replied that the barn is to be used for meetings in the
evening. It is only one large room,
with no other facilities. There
have been only two committee meetings, and no other requests to reserve the
barn. She stated that she would
like to speak for herself, and many volunteers and citizens in favor of the
facility.
Bonnie
Hammond,
2858 E. 32nd Pl., stated she is the Executive Director of the Tulsa
Garden Center. She informed the
Board that they are amenable to construct a fence on the eastern perimeter. She stated that the general
operating hours are 7:00 a.m. to 4:00 p.m. to be the same as the garden center
building when staff would be in the office.
Mr.
Dunham returned at 2:34 p.m.
The
activities for evenings are classes of 8 to 24 people, usually on Tuesday and
Thursday evenings. The classes have
to do with horticulture, environmental and gardening. She added that any future classes would
be limited primarily to weekday evenings, Saturday mornings, with an occasional
class on Sunday afternoons.
Lloyd
Bruce,
1507 E. 24th Pl., submitted photographs (Exhibit F-5). He stated that they promised to install
an 8 privacy fence but they built a 6 fence and he can see the top of the
maintenance building and the large equipment. He expressed concern that if this
application is approved they would also have to see unkempt gardens as
well. He asked the Board to deny
the request so the park can re-plan the gardens to have a positive affect on the
neighborhood rather than a negative one.
Comments
and Questions:
Mr.
White asked if an eight-foot fence extended across the 24th Place
right-of-way would take care of the screening problem. Mr. Bruce replied that an eight-foot
fence would take care of the screening problem.
Interested
Parties:
Dave
Collins,
1506 E. 24th Pl., stated he is the President of the Neighbors of
Woodward Park Neighborhood Association.
He stated the association opposes the application. He informed the Board that the neighbors
worked with the Parks Department over two years ago regarding the conversion of
the maintenance barn to a volunteer center. After several months of planning and
negotiation it was unanimously decided that the volunteer center would serve
garden club affiliates only, the hours of operation would be 7:00 a.m. to 4:00
p.m., Monday through Saturday, and no plant sales would occur out of this
structure or on the grounds around it.
He called the Boards attention to (Exhibit F-2). He stated they were given detailed plans
showing the removal of a section of 24th Place, which would eliminate
additional traffic through the neighborhood. The plan also specified sod or lawn only
to exist on the east and north side of the volunteer center. Mr. Collins also noted they were
verbally told that the double doors on the east side would be permanently
sealed. He commented that no
childrens gardens or sensory gardens were mentioned. He stated that the Parks Department
heads of staff told them that the existing metal crew building would be
completely screened from public view by a six foot privacy fence, prior to the
barn renovation, and an eight foot fence would be installed along the top of the
retaining wall south of the volunteer center to screen maintenance
equipment. He added they were also
told that all activities of any kind would occur within the center or on the
west and south sides only. He
stated these agreements were to be added to the application. The Board approved Case No. 18552, but
none of these items of agreement were entered as exhibits. He complained that the Parks Department
could now do what they want with the land.
This aside, the neighborhood has agreed that the Parks Department and
garden center should take full advantage of their new facility, but ask that
they reconsider the practicalities of the proposed gardens with respect to the
homeowners. He offered an alternate
plan (Exhibit F-4) for the proposed gardens.
Pam
Fegaly,
2263 S. Rockford, stated that the six-foot fence that used to screen the metal
barn was removed and never replaced.
She complained that the Parks Department was supposed to thin out some
trees to discourage a drug problem in the park, but they clear cut, leaving the
buildings exposed. She stated that
the hours of the park are 5:00 a.m. to 11:00 p.m. but they are not
enforced. This application is for
things the park already had and removed, then replaced with sod.
Mona
Green,
1397 E. 25th St., stated her main objection to the application is
that the present facility around the arboretum is not maintained. It is often dirty and unsightly. Trees are being removed and replaced
with bushes and one-foot new trees.
Debra
Taggart,
1390 E. 25th St., expressed concern regarding the arboretum being
misused and abused, making it an unsafe place. She also mentioned traffic problems, and
destruction of private property in the neighborhood.
Comments
and Questions:
Mr.
Dunham noted a lack of communication between the Parks Department and the
neighborhood. He suggested that a
continuance might be needed for the applicant and neighborhood to meet.
Applicants
Rebuttal:
Mr.
Warren noted that the neighborhoods proposed plan is essentially the same as
the garden centers plan. He
pointed out that the interested parties proposed fence would be too expensive
and would not give the screening they want. He stated that the arboretum is not a
part of this application. He added
that they have only taken out one tree that died.
Comments and
Questions:
Mr.
White encouraged Mr. Warren to meet with the neighborhood to work out the
issues.
Ms.
Hammond asked to speak again regarding a continuance. She explained to the Board that a two to
three week continuance would mean a one-year continuance for the childrens
gardens. She indicated that the
issues she heard today involve the Parks Department and the City of Tulsa. She informed the Board that two
years ago she met with Hugh McKnight and Jeannie McDaniels and the neighbors at
the garden center, regarding the terrible violations in the old test garden
area, including drug use. The
neighborhood was concerned there was no light and plenty of privacy with tree
foliage down to the ground. The
Parks Department raised the canopy and installed lights to open up the
area. She asked that the Board not
postpone this application because they only have a small window of opportunity
to install the gardens for this year or it will be too late and into the
summer.
The
Board discussed screening, uses of the barn, hours/days of operation, and the
parking needs.
Board
Action:
On
MOTION of Dunham, the Board voted 4-0-0 (White, Dunham, Turnbo,
Cooper "aye"; no "nays"; no "abstentions"; Perkins absent) to
APPROVE a Special Exception for an addition to an
existing public park to include a sensory and childrens gardens, deck for
demonstration purpose, water feature and concrete walk, per plan, with
conditions to limit the use of the barn to horticultural activities, noting that
no relief has been requested from the parking requirements, therefore any
activities in the barn must meet the parking requirements of the zoning code;
and a CONTINUANCE of the case regarding screening and fencing
plans for the east and north boundaries with emphasis on screening the
maintenance facility, to the meeting on May 14, 2002, on the following described
property:
Beg. at the NW/c Lot 2, thence S 246.00 E 330.00 N 23.00 E 121.00 SE on curve 43.98 E 145.80 S 109.50 E 63.60 S 109.50 E 526.35 N 470.00 W 1218.36 to POB, Section 18, T-19-N, R-13-E, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception for an addition to an existing public park of
200±
of 1 water line, drinking fountain, sports court, bench and 2 backstops.
SECTION 301. PRINCIPAL USES PERMITTED IN THE AGRICULTURE DISTRICT Use Unit 5,
located 6502 North Cincinnati Avenue.
Presentation:
Greg Warren, with the City of Tulsa Parks Department, stated the
requests in the application. A site
plan was provided (Exhibit G-1). He
stated they plan to remove two dilapidated backstops. He stated that a driveway has already
been cut. He identified an area to
be set aside for future parking on a gravel lot.
Interested Parties:
Aida
Harris,
2222 E. 66th Pl., stated she was representing her children who own
the thirty acres across the street from the subject property. They object to the elements of a
park that would disturb the peace in the area. She suggested that they put the
facilities in the park at 56th Street North or at the Dream Center at
46th Street North. She
questioned if this park is really needed.
She added that every time she passes by it is empty. She asked for a continuance of the
case so that her children could present their objections personally.
Comments and
Questions:
Mr.
White explained that the public park already exists and they propose to put in a
new waterline.
Applicants
Rebuttal:
Mr.
Warren reminded the Board there is an elementary school that abuts the property
to the south. They anticipate the
use of the sports court by the school children. They have not had any opposition from
the residents on the west side of the property.
Board
Action:
On
MOTION of Dunham, the Board voted 4-0-0 (White, Dunham, Turnbo,
Cooper "aye"; no "nays"; no "abstentions"; Perkins absent) to
APPROVE a Special Exception for an addition to an
existing public park of 200±
of 1 water line, drinking fountain, sports court, bench and 2 backstops, per
plan, finding it will be in harmony with the spirit and intent of the Code, and
will not be injurious to the neighborhood or otherwise detrimental to the public
welfare, on the following described property:
The N 330.00 of the SE/4 NE/4 NE/4 and S 66.00 NE/4 NE/4 NE/4 of Section 2, T-20-N, R-12-E of the IBM, more particularly described as the SE 10.00 acres less the S 330.00 thereof, and the E/2 S 66.00 N 20.60 acres of Lot 5 in said Section 2, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception to permit existing residential single-family use in a
CS district. SECTION 701. PRINCIPAL
USES PERMITTED IN COMMERCIAL DISTRICTS Use Unit 6, location 5017 South
33rd West Avenue.
Presentation:
Lois Gunnels, 4020 S.
94th E. Ave., stated she is the administrator for the subject
property. She proposes to sell the
property as residential, as it has never been used as commercial.
Interested
Parties:
There
were no interested parties who wished to speak.
Board
Action:
On
MOTION of Dunham, the Board voted 4-0-0 (White, Dunham, Turnbo,
Cooper "aye"; no "nays"; no "abstentions"; Perkins absent) to
APPROVE a Special Exception to permit existing
residential single-family use in a CS district, finding it will be in harmony
with the spirit and intent of the Code, and will not be injurious to the
neighborhood or otherwise detrimental to the public welfare, on the following
described property:
Lot 5, Block 4, Town of Carbondale now City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Variance of the required rear yard in an RS-1 district to permit a
residential structure with an attached garage to encroach within the required
rear yard by 672 square feet. SECTION 403. BULK AND AREA REQUIREMENTS IN THE
RESIDENTIAL DISTRICTS, located 2120 East 30th
Place.
Presentation:
Charles E. Norman, 2900 Mid-Continent Tower, stated he was
representing the owners of the property.
A site plan and photographs (Exhibits H-1 and H-2) were provided. They propose to remove the existing
detached garage and carport; and to construct an attached garage on an oversized
lot. He submitted letters from
eight neighbors in support of the application (Exhibit H-3). The existing structure extends into the
required rear yard and the new construction would increase the encroachment by
110 square feet. It would establish
a side yard in compliance with the code.
The construction would still result in a rear yard in total area
significantly greater than in a standard RS-1 lot. He mentioned that the structure was
constructed in 1937 prior to the establishment of the existing rear yard
requirements.
Interested
Parties:
There
were no interested parties who wished to speak.
Board
Action:
On
MOTION of Dunham, the Board voted 4-0-0 (White, Dunham, Turnbo,
Cooper "aye"; no "nays"; no "abstentions"; Perkins absent) to
APPROVE a Variance of the required rear yard in an
RS-1 district to permit a residential structure with an attached garage to
encroach within the required rear yard by 672 square feet, per plan, finding it
would be an improvement to an existing condition and would establish a side
yard, and finding it will not cause substantial detriment to the public good or
impair the purposes, spirit, and intent of the Code, or Comprehensive Plan, on
the following described property:
Lot 7, and the W 71.00 of Lot 6, Block 19, Forest Hills, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Variance to reduce the required 15 wide side yard in an RE zoning district to 10 for a distance of 12 to permit the construction of an addition to an existing residence. SECTION 403. BULK AND AREA REQUIREMENTS IN THE RESIDENTIAL DISTRICTS Use Unit 6, located 4131 S. Oak Rd.
Presentation:
Charles E. Norman, 2900 Mid-Continent Tower, pointed out the
unusually shaped lot owned by Ruth Nelson.
He submitted photographs (Exhibit I-2) to the Board. The house is almost not visible from the
street. He noted the neighbors
fence built within two feet of the property. She proposes to build an addition
to the house. The property
was in an RS-1 district when it was constructed and was subsequently rezoned to
the RE district, which establishes a 15 side yard on both sides. The addition would encroach into the
newly required 15 side yard by 28 ½ square feet. He submitted a letter of support
(Exhibit I-3) from the neighbors to the south. A site plan was provided (Exhibit
I-1).
Interested
Parties:
There
were no interested parties who wished to speak.
Board
Action:
On
MOTION of Dunham, the Board voted 4-0-0 (White, Dunham, Turnbo,
Cooper "aye"; no "nays"; no "abstentions"; Perkins absent) to
APPROVE a Variance to
reduce the required 15 wide side yard in an RE zoning district to 10 for a
distance of 12 to permit the construction of an addition to an existing
residence, per plan, finding the hardship to be the change of zoning since the
residence was established and would be difficult if not impossible to adhere to
the new setback with the existing house, on the following described
property:
All that part of Lot 1, Block 3, of Bolewood Acres, City of Tulsa, Tulsa County, State of Oklahoma, more particularly described as follows, to wit: Commencing at the SE/c of said Lot 1; thence N 2°2357 W a distance of 0.00; thence along the E boundary of said Lot 1 to the left on a curve of radius 674.64 a distance of 137; thence along the E boundary of said Lot 1, N 14°0000 W a distance of 74.00; thence S 68°0119 W a distance of 98.44 to the POB; thence continuing S 68°0119 W a distance of 34.85; thence S 84°4806 W a distance of 109.21; thence N 48°5638 W a distance of 75.00 to a point in the NWly boundary of said Lot 1; thence NEly along the NWly boundary of said Lot 1 along a curve to the left having a radius of 1,048, a distance of 6.09; thence S 57°0333 E a distance of 65.53; thence S 86°5911 E a distance of 85.69; thence N 79°5020 E a distance of 53.66 to the POB, except this tract is restricted from being transferred or conveyed as above described without including part of Lot 1, Beg. at the SE/c; thence Nly on the E line 211, SW 242.50, NW 75 to Wly line, SW 45, SE 274.95, E 151.41 to the POB in Block 3, less the W 30 for roadway unless the Tulsa Metropolitan Area Planning Commission, or its successors, according to law, approves such conveyance or transfer.
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Action
Requested:
Special Exception to permit a mini-storage in a CS district. SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL DISTRICTS Use Unit 16, located 3737 N. Lewis.
Presentation:
Kent Johnson, 5812 N. Elgin, stated his request for a special
exception. A site plan (Exhibit
J-1) was provided.
Interested
Parties:
There
were no interested parties who wished to speak.
Board
Action:
On
MOTION of Cooper, the Board voted 4-0-0 (White, Dunham, Turnbo,
Cooper "aye"; no "nays"; no "abstentions"; Perkins absent) to
APPROVE a Special
Exception to
permit a mini-storage in a CS district, per plan, with condition that there be
no outside storage, finding it will be in harmony with the spirit and intent of
the Code, and will not be injurious to the neighborhood or otherwise detrimental
to the public welfare, on the following described
property:
That part of the SW/4 SW/4 of Section 17, T-20-N, R-13-E of the IBM, City of Tulsa, Tulsa County, State of Oklahoma, more particularly described as follows, to-wit: Beg. at a point 726.00 N SW/c of said Section 17; thence E a distance of 250.00; thence N a distance of 100.00; thence W a distance of 250.00; thence S a distance of 100 to the POB, except that part deeded for highway purposes and except the N 0.29 thereof.
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Case
No. 19346
Action Requested:
Special Exception to permit a manufactured home in an RS-2 district. SECTION 401. PRINCIPAL USES PERMITTED IN RESIDENTIAL
DISTRICTS Use Unit 9; and a Special Exception to extend the one year time
limit. SECTION 404. SPECIAL EXCEPTION USES IN RESIDENTIAL
DISTRICTS, REQUIREMENTS, located 13230 E. 4th
Pl.
Presentation:
Bill Ward, 12502 E. 26th St., stated they propose to
build a new multi-section house on three lots. He submitted plans and support
information (Exhibits K-1 and K-3) to the Board. The house is 2,300 square feet with
foundation and a garage that may be attached or detached. He planned to purchase the properties
after Board approval of this application.
Interested
Parties:
Lydia Wiles, 13518 E. 4th Pl., stated she had a
petition of 22 names (Exhibit K-2) from neighbors in opposition to the
application. She stated they do not
think this would be appropriate in the neighborhood.
Comments and
Questions:
Mr.
Dunham informed Ms. Wiles that it would be manufactured home on a permanent
foundation. He explained that it is
stick built, and not exactly the same as a trailer. Ms. Wiles replied that it looks like a
trailer. She suggested that if they
are spending that much, they ought to just buy the land and build a
house.
Interested
Parties:
Pricilla Lucias, 13266 E. 4th Pl., Matt Steele,
622 S. 132nd E. Ave., expressed the same
complaints.
Ben Carson, 608 S. 132nd E. Ave., informed the Board
that Mr. Brewster the owner of two of the lots is his father-in-law. Mr. Carsons wife asked her father not
to sell the lots for a mobile home.
Mr. Carson understood him to say that he would not sell the property to
the applicant.
Applicants
Rebuttal:
Mr.
Ward stated he has not heard from Mr. Brewster in opposition to the
application. He pointed out that
this is not a mobile home, and will be built on a permanent foundation. He believes there are one or two other
manufactured homes on the street.
Comments and
Questions:
Mr. Boulden commented that the application states that the record owner consents to the filing of this application. He added that since they have heard something in conflict with that, he asked if Mr. Ward had any statement to make regarding this. Mr. Ward responded that he has not heard from Mr. Brewster if he has changed his mind. Mr. Dunham asked if he has a contract to buy the property. Mr. Ward stated he did not have a contract.
Board
Action:
On
MOTION of Turnbo, the Board voted 4-0-0 (White, Dunham, Turnbo,
Cooper "aye"; no "nays"; no "abstentions"; Perkins absent) to
DENY a Special Exception to permit a manufactured
home in an RS-2 district; and a Special Exception to extend the one-year time
limit, finding 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, on the following
described property:
Lots 7, 8, and 9, Block 9, Meadowbrook Heights Addition, City of Tulsa, Tulsa County, State of Oklahoma.
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Mr.
White stated he would abstain from Case No. 19348.
Case No.
19348
Action Requested:
Variance of the setback from the side property line for an accessory building from 3 to 2.8 to carport support post. SECTION 210.B. YARDS, Permitted Obstructions in Required Yards; and a Variance of the 2 allowable (eave overhang) obstructions in a required yard to 2.6. SECTION 210.B. YARDS, Permitted Obstructions in Required Yards, located 4655 S. Columbia.
Mr. White out at 3:53 p.m.
Presentation:
William Eagleton, 100 W. 5th St., stated he was
representing the owner, Dick Clark.
Mr. Clark added a carport and driveway extension after purchasing the
property thirteen years ago and it encroached over the property line. He is trying to sell the house and has
found he has a title problem. The
neighbor to the north is willing to gift just enough property to clear the
title.
Mr. White returned at 3:55 p.m.
Comments and
Questions:
Mr.
Beach suggested that it would be better if the two property owners could make a
straighter property line to make a cleaner division of property. Mr. Holladay explained that the neighbor
was not willing to consider anything more than he has offered. It is consistent with the fence
line.
Interested
Parties:
Dick Clark, 4439 S. Birmingham Ave., stated he bought the property
and hired a builder to construct the carport. The eave of the carport hangs over the
property line, but if it were any narrower, a car would not fit under it.
Board
Action:
On
MOTION of Cooper, the Board voted 3-0-1 (Dunham, Turnbo, Cooper
"aye"; no "nays"; White "abstained"; Perkins absent) to APPROVE
a Variance of the
setback from the side property line for an accessory building from 3 to 2.8 to
carport support post; and a Variance of the 2 allowable (eave
overhang) obstructions in a required yard to 2.6, on condition that the small
sliver of land that is added be tied to Lot 6, finding the hardship is to clear
up a pre-existing condition, on the following described
property:
Lot 6, Block 1, Horace Heights Addition, and a part of Lot 5, Block 1, Horace Heights Addition, being more particularly described as follows, Beg. at the SE/c of said Lot 5; thence due W along the S line thereof a distance of 185.76; thence N 84°1000 E a distance of 27.60; thence S 86°4449 E a distance of 26.62; thence N 21°3855 E a distance of 1.28; thence N 89°1426 E a distance of 131.26 to a point on the E line of said Lot 5; thence S 0°0300 E along the E line of said Lot 5 a distance of 4.22 to the POB, City of Tulsa, Tulsa County, State of Oklahoma.
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There
being no further business, the meeting was adjourned at 4:07
p.m.
Date approved:______________________
__________________________________
Chair
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