AGENDA

CITY OF TULSA BOARD OF ADJUSTMENT
Regularly Scheduled Meeting
Tulsa City Council Chambers
175 East 2nd Street, 2nd Level, One Technology Center
Tuesday, January 24, 2012, 1:00 PM

Meeting No. 1063

Complete Agenda Packet


CONSIDER, DISCUSS AND/OR TAKE ACTION ON:

  1. Approval of Minutes of January 10, 2012 (Meeting No. 1062). EXHIBIT

 

UNFINISHED BUSINESS

  1. 21360—Esperanza Sanchez - Variance to exceed from 562 square feet to 780 square feet in the RS-3 District for accessory buildings (Section 402.B.1.d).  LOCATION:  1049 North Sandusky Avenue East (CD 3) EXHIBIT
  1. 21357—Andrew Shank, - Variance from the requirement that a sign in the Residential Multifamily (RM-1) District be lit by constant light for existing sign to accommodate for an electronic message center (Section 602.B.4.f); Variance to reduce setback from 20 feet to 18 feet from the driving surface on South 91st East Avenue and setback from 19 feet from driving surface on East 61st Street to allow for the overhang of an Electronic Message Center added to an existing sign (Section 1221.C.2.b).  LOCATION:  SW/c of East 61st Street and South 91st East Avenue (CD 7), The applicant has requested a continuance to February 14, 2012.

 

  1. 20394-B—Darell Christopher - Variance to hold special events at an approved Bed & Breakfast Inn extending five-year time limit to permanent (Section 1202.C.8.f).  LOCATION:  506 West Fairview  (CD 1, 4) EXHIBIT

 

NEW APPLICATIONS

  1. 21374—Ruel Aaron Hux, - Variance of the Bulk and Area 150 foot arterial road frontage requirement in the IL District to permit a lot split (Section 903, Table 2).  LOCATION:  5920 and 5902 East Admiral Place North (CD 5) EXHIBIT

 

  1. 21375—Walter Tempinski - Special Exception to permit a carport in the required front yard in an RS-3 District (Section 210.B.10.g); Variance of required front yard setback from 25 feet to 20 feet (Section 403.A, Table 3); Variance of required side yard setback from 5 feet to 3.3 feet (Section 403.A, Table 3); Variance of required height (Section 210.B.10.d).  LOCATION:  2804 South Cincinnati Avenue East (CD 4) EXHIBIT
  1. 21314-A—Stephen Schuller - Modification of previously approved plan to Conceptual Site Plan per BOA-21314.  LOCATION:  7600 East 31st Street South (CD 5) EXHIBIT

 

  1. 21376—Khoury Engineering, Inc. - Variance of the rear setback in the RS-2 district from 25 feet to 13.5 feet (Section 403.A, Table 3). LOCATION:  1829 East 32nd Street South  (CD 9) EXHIBIT
  1. 21377—Lou Reynolds - Variance to reduce number of parking stalls to 84 stalls for mixed use center (Section 1211, 1212, 1213, 1214).  LOCATION:  1402 South Peoria Avenue East (CD 4) EXHIBIT

 

  1. 21378—James Boswell - Special Exception to allow office use (UU11) in RM-2 District (Section 401, Table 1); a Variance of front yard setback from 10 feet to 4 feet for existing porch (Section 403, Table 3); a Variance of any yard abutting a public street from 35 feet to 10 feet (Section 403, Table 3); a Variance of side yard setback from 10 feet to 0 feet (Section 403 A, Table 3); a Variance of off-street parking landscape requirements abutting street right-of-way (Section 1002.A.2) and abutting residential use (Section 1002.A.3) from 5 feet in width to equivalent  square foot area; a Variance of parking abutting an R District from 5 feet to 1 foot (Section 1002.A.3); a Variance of screening fence for (Use Unit 11) abutting an R district (Section 1211.C.1); a Variance to allow ADA van accessible parking space to encroach 10 feet into public Right-of-Way (Section 1301.A); a Variance of off-street parking setbacks in R District (Section 1302.B, Table 1); a Variance of required parking stalls from 12 spaces to 11 spaces (Section 1211.D); a  Variance to allow increase in cubic content to non-conforming structure (Section 1405.A).  LOCATION:  1402 South Trenton  (CD 4) EXHIBIT

 

OTHER BUSINESS

  1. 21373—Shadow, LLC/Gary Larson - Case was withdrawn; applicant to file for a PUD Minor Amendment.  The applicant is requesting a refund for the Board of Adjustment application fees in the amount of $707.00.

 

  1. 21375—Walter Tempinski - Applicant requested relief that is not needed.  Staff is recommending a refund of $50.00. EXHIBIT
  1. Request for Interpretation - In September 2011, the Office of Development Services made a Request for Interpretation regarding crematories as an accessory use.  Specifically, can a crematory be considered an accessory use, customarily incidental and subordinate to a funeral home (Use Unit 11)?

The Board provided the interpretation about a crematory as an accessory use to a funeral home, but they did not provide an interpretation on the Request for Interpretation regarding an animal (small animal/pet – 200 lb or less) crematory being considered as an accessory use to a funeral home (Use Unit 11), a kennel (Use Unit 15), or a veterinarian clinic (Use Unit 11).

The issue has come up again and staff needs to make a Request for Interpretation regarding an animal (small animal/pet – 200 lb or less) crematory being considered as an accessory use to a funeral home (Use Unit 11), a kennel (Use Unit 15), or a veterinarian clinic (Use Unit 11).

According to the zoning code a crematory as a principal use is classified within Use Unit 2 – Area Wide Special Exception Uses. 

In comparison:
 
Incineration, Reduction of Dead Animals, Garbage, Refuse as a principal use is classified as Use Unit 27 – Heavy Manufacturing.

Rendering Plant as a principal use is classified as Use Unit 27 – Heavy Manufacturing.

Abattoir (slaughter house) as a principal use is classified as Use Unit 27 – Heavy Manufacturing.

Relevant Case History:

Board Action:
On MOTION of WHITE, the Board voted 5-0-0 (Henke, Stead, Tidwell, Van De Wiele, White “aye”; no “nays”; no “abstentions”) to APPROVE the Request for Interpretation from the Office of Development Services stipulating that human crematories be adopted as an accessory use to a collocated primary funeral home; that they are in compliance with the state statute requirements, particularly Title 59 and the Office of Administrative Code Chapter 252:100-25.

BOA-21094; on 6.8.10 the Board approved a Special Exception to permit a crematory (Use Unit 2) use in the CS district (Section 701); to permit a crematory in coordination with an existing funeral home on property located at 1916 South Sheridan Road.

Please refer to the January 17, 2012 letter from Mr. Luke Wright, Serenity Funerals and Crematory.

NEW BUSINESS

BOARD MEMBER COMMENTS

ADJOURNMENT

CD = Council District

NOTE:  If you require special accommodation pursuant to the Americans with Disabilities Act, please notify INCOG (918) 584-7526.  Exhibits, Petitions, Pictures, etc., presented to the Board of Adjustment may be received and deposited in case files to be maintained at Land Development Services, INCOG.  Ringing/sound on all cell phones and pagers must be turned off during the Board of Adjustment meeting.

NOTE: This agenda is for informational purposes only and is not an official posting.  Please contact the INCOG Offices at (918)584-7526, if you require an official posted agenda.