CITY BOARD OF ADJUSTMENT
Tuesday, October 12, 1999, 1:00 p.m.
Francis F. Campbell
City Council Room
Plaza Level of City
Hall
Tulsa Civic Center
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MEMBERS PRESENT |
MEMBERS ABSENT |
STAFF PRESENT |
OTHERS PRESENT |
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Cooper |
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Arnold |
Prather, Legal |
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Dunham, V. Chair |
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Beach |
Parnell, NBH Insp. |
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Perkins |
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Stump |
Ackermann,
Zoning |
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Turnbo |
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White,
Chair |
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The notice and agenda of said meeting was posted in the Office of the City Clerk on Friday, October 8, 1999, at 9:00 a.m., as well as in the Reception Area of the INCOG offices.
After declaring a quorum present, Chair, White called the meeting to order at 1:03 p.m.
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MINUTES:
On MOTION
of TURNBO, the Board voted 3-0-1 (Dunham,
Turnbo, White "aye"; no "nays", Perkins "abstentions”;
Cooper, "absent") to APPROVE
the Minutes of September 28, 1999 (No. 781).
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Action Requested:
Variance of the required parking from 285
spaces to 173 spaces to permit the expansion of a sanctuary to 9,954 square
feet for Parkview Baptist Church. SECTION
1205.C. USE UNIT 5. COMMUNITY SERVICES
AND SIMILAR USES, Off-Street Parking and Loading Requirements – Use Unit 5,
located 5805 South Sheridan.
Presentation:
The applicant, Mitchell D. O'Donnell, submitted a site plan (Exhibit A-1) and
stated that Rev. David Willets, 8212
South 73rd East Avenue, will make the presentation for the
church. Rev. Willets stated that he is
the Sr. Pastor at Parkview Baptist Church located at 5805 South Sheridan. Rev. Willets mentioned that a few years ago
the church considered relocating. The
church decided not to move because of the positive relationship with the
neighborhood. Rev. Willets mentioned that
they would like to expand the seating in their sanctuary facility within the
next few years. If the church expands,
they would have a problem meeting the parking requirements. Rev. Willets stated that their neighbors the
Woodland View Shopping Center, presently lets the church use their parking lot
to accommodate their Sunday morning attendance. Rev. Willets submitted a signed, good-faith agreement (Exhibit
A-2) stating the shopping center's approval of the agreement. Rev. Willets asked the Board to count the
parking spaces in the Woodland View Shopping Center that is adjacent to the
church property in order to satisfy the parking requirements for future
expansion. Rev. Willets informed the
Board that if, for some reason, the parking spaces were to become unavailable,
the church is committed to shuttling their members from other parking lots
nearby.
Interested
Parties:
None.
Comments and Questions:
Ms. Turnbo asked Rev. Willets if the agreement is a lease agreement? Rev. Willets replied that it is a Revocable Parking License Agreement for 99 spaces.
Mr. Dunham asked the applicant if, in the event the agreement is canceled, the church will provide the necessary parking elsewhere? Rev. Willets replied that the church will provide the parking from other lots and shuttle the congregation to the church facility.
Mr. White asked the applicant if they have met with the neighbors? Rev. Willets replied that they have not met with the neighbors in person but the church mailed out a letter to the neighborhood explaining what the church is proposing to do.
Mr. Dunham inquired as to how long the church has been using the parking on the shopping center lot? Rev. Willets replied that they have been parking there officially for several years. Unofficially, for about 15 years per a verbal agreement.
Ms. Turnbo asked the pastor when the church anticipates building the new sanctuary? Rev. Willets stated that the parking issue is the first step. They realize that there is a time limit on any approval and if they do not start construction within that time period they will submit a new application.
Mr. White asked Staff if the 285 spaces figure is based on the expanded sanctuary? Mr. Beach replied affirmatively.
Rev. Willets mentioned to the Board that the church leases a building adjoining the shopping center parking lot and they have a financial lease agreement that provides them 10 spaces there, in addition to the 99 spaces.
Board
Action:
On MOTION of DUNHAM, the Board voted 4-0-0 (Dunham,
Perkins, Turnbo, White "aye"; no "nays", no
"abstentions”; Cooper, "absent") to APPROVE Variance of the required parking
from 285 spaces to 173 spaces to permit the expansion of a sanctuary to 9,954
square feet for Parkview Baptist Church. SECTION
1205.C. USE UNIT 5. COMMUNITY SERVICES
AND SIMILAR USES, Off-Street Parking and Loading Requirements – Use Unit 5, subject
to the church maintaining a written agreement for parking in the area to
provide the necessary parking spaces for the sanctuary expansion, on the
following described property:
That part of the SW/4 of the SW/4 of Section 35, T-19-N,
R-13-E of the IBM, Tulsa County, State of Oklahoma, more particularly described
as follows: Beginning at the NW/c of
the said SW/4 of the SW/4 of said Section 35; thence N 89°58.8276’ E along the
N line of said SW/4 a distance of 408.38’; thence S 0° 13.5000’ E a distance of
504.88’; thence due W a distance of 408.38’ to a point on the W line of said
SW/4; thence N 0° 13.5000’ W along the said W line a distance of 504.74’ to the
point of beginning.
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Action
Requested:
Variance of the required 60’ setback from the centerline of
Memorial to 56’. SECTION 1221.C.6. USE
UNIT 21. BUSINESS SIGNS AND OUTDOOR
ADVERTISING, General Use Conditions for Business Signs – Use Unit 12 OR an
interpretation of the centerline of right-of-way of Memorial, located 3150
South Memorial.
Comments
and Questions:
Mr. Beach informed the Board that the
applicant has requested a continuance (Exhibit B-1) to November 9, 1999.
Board
Action:
On MOTION of DUNHAM, the Board voted 4-0-0 (Dunham,
Perkins, Turnbo, White "aye"; no "nays", no
"abstentions”; Cooper, "absent") to CONTINUE to the meeting of November 9, 1999.
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Action
Requested:
Variance of maximum display surface area of a sign from 150
square feet to 307 square feet. SECTION
604. SPECIAL EXCEPTION USES IN OFFICE
DISTRICTS, REQUIREMENTS – Use Unit 5 and a Variance of the requirement of
constant light to allow an electronic message center. SECTION 604. SPECIAL EXCEPTION
USES IN OFFICE DISTRICTS, REQUIREMENTS, located 7800 South Lewis.
Presentation:
The applicant, Brian Ward, 9520 East 55th Place, submitted a site plan (Exhibit C-1) and stated that Victory Christian Center would like to construct a new sign. The current sign was installed as a temporary sign. Victory Christian Center has approximately 1,400 lineal feet along Lewis Avenue. Mr. Ward explained that the electronic message center is similar to what is on the Oral Roberts property down the street. Mr. Ward submitted photos of the sign and the property (Exhibit C-2).
Comments and Questions:
Ms. Perkins asked Mr. Ward if they will
remove the old sign? Mr. Ward replied
affirmatively.
Board
Action:
On MOTION of TURNBO, the Board voted 3-0-0 (Dunham,
Perkins, Turnbo, White "aye"; no "nays", no
"abstentions”; Cooper, "absent") to APPROVE a Variance of maximum display surface
area of a sign from 150 square feet to 307 square
feet. SECTION 604. SPECIAL EXCEPTION
USES IN OFFICE DISTRICTS, REQUIREMENTS – Use Unit 5 and a Variance
of the requirement of constant light to allow an electronic message center;
finding that the Board had approved a similar sign at ORU which is across the
street and to the south SECTION
604. SPECIAL EXCEPTION USES IN OFFICE
DISTRICTS, REQUIREMENTS, per plan submitted and subject to the removal of
the existing sign, on the following described property:
S/2, NE, SE, less E 50’, City of Tulsa, Tulsa County, State
of Oklahoma.
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Action
Requested:
Variance of the required rear yard from 25' to 15' in an
RS-1 District to permit new construction. SECTION
403.A. BULK AND AREA REQUIREMENTS IN THE RESIDENTIAL DISTRICTS, Bulk and Area
Requirements in the RE, RS, RD, RT and RM Districts – Use Unit 6, located
2600 Block of 33rd Street East of Birmingham Avenue.
Comments and Questions:
Mr. Beach informed the Board that the
applicant has requested a continuance.
The request was not timely.
Presentation:
The applicant, Jack Arnold, 7318 South Yale, Tulsa, OK, stated that he is the
architect for the homeowner.
Comments
and Questions:
Mr. White asked the applicant to explain
his reason for the continuance request.
Mr. Arnold replied that they are trying to get some input from a
landscape architect. Depending upon the
outcome, they may not need all the relief asked for.
Mr. White asked the interested parties
present if it would be a problem to continue the application for two
weeks? The protestors stated that they
would like the case heard today since this will be the second request for
continuance.
Mr. Arnold mentioned that he could
present the case to the Board today.
Additional
Comments and Questions:
Jack
Arnold, 7318 South Yale, Tulsa, OK, informed the Board that he has been
speaking with the protestors of this case and he would like to withdraw his
application.
Board
Action:
Withdrawn by Applicant.
No action taken.
NEW APPLICATIONS
Action Requested:
Variance of the allowable size for an accessory building
from 750 square feet to 1,800 square feet. SECTION
402.B.1.d. ACCESSORY USES IN RESIDENTIAL DISTRICTS, Accessory Use Conditions –
Use Unit 6 and Variance of the required rear yard maximum coverage. SECTION 402.B.1.d. ACCESSORY USES IN
RESIDENTIAL DISTRICTS, Accessory Use Conditions, located 3732 South 27th
West Avenue.
Presentation:
The applicant, Park Dudley, 3732 South 27th West Avenue, submitted a revised site plan (Exhibit D-1) and stated that he would like to move the accessory building to the north side of the property. Mr. Dudley explained that it would allow him to have a back yard and would relieve the need for the variance of the required rear yard coverage. That would leave 75' east and west of backyard space
Comments and Questions:
Mr. White asked the applicant how far north he wants to move the building? Mr. Dudley replied that the building will be 10' from the property line. The building will face north.
Mr. Beach asked Mr. Dudley how close the building will be to 37th Place? Mr. Dudley replied 35'. Mr. Beach asked the applicant how large the building is and he replied that it will either be 30' x 50' or 30' x 60'.
Mr. White asked the applicant what the purpose of the building is. Mr. Dudley stated that the building will be utilized as a garage for an antique truck and a woodworking hobby. There will be no commercial activity in the building.
Mr. Beach informed the Board that according to the new plan (Exhibit D-3), the applicant needs to move the building south 10' to meet the setback requirement from 37th Place. It will occupy 300 square feet (less than 20%) of the required rear yard and he does not need the relief on yard coverage.
Interested Parties:
Martha Wright, stated that she and her husband have lived on the property
directly west for 33 years. Ms. Wright
stated that she is opposed to the building because it is too large and will
block the sunlight from coming into their house.
Applicant's
Rebuttal:
Mr. Dudley explained that the previous
building placement would block the neighbor's entire yard so he decided to move
the building towards the front. Mr.
Dudley submitted photos of the neighborhood (Exhibit D-2) showing other
residences with detached garages and many of them do not meet the Zoning Code requirements.
Mr. Stump reminded the Board of a
hardship requirement on the size of the structure. Mr. Dudley stated that he recently moved from a 1,700 square foot
house to a 1,000 square foot house with no garage or shed. With all of his garage type hobbies he needs
a garage of this size.
Mr. White asked the applicant how tall
the building will be and Mr. Dudley replied 12' in the front and the peak is
16'.
Mr. Beach asked the applicant if he is
proposing to reduce the size of the building to 30' x 50'? Mr. Dudley replied affirmatively. Mr. Beach stated that the size will be 1,500
square feet instead of 1,800 square feet.
Mr. Stump pointed out that most of the
other accessory buildings in the area are smaller than 750 square feet. Mr. Stump stated that the 30' x 50' building
is about the size of a seven car garage.
Mr. White stated that moving from a
large residence to a small one is a self-imposed hardship.
Board
Action:
On MOTION of TURNBO, the Board voted 4-0-0 (Dunham,
Perkins, Turnbo, White "aye"; no "nays", no
"abstentions”; Cooper, "absent") to DENY a Variance of the allowable size for
an accessory building from 750 square feet to 1,800 square feet. SECTION 402.B.1.d. ACCESSORY USES IN
RESIDENTIAL DISTRICTS, Accessory Use Conditions – Use Unit 6 and Variance
of the required rear yard maximum coverage. SECTION 402.B.1.d. ACCESSORY USES IN RESIDENTIAL DISTRICTS, Accessory
Use Conditions, on the following described property:
Lot 1, Block 26, Original Town of Red Fork, City of Tulsa,
Tulsa County, State of Oklahoma
Comments
and Questions:
Mr. Beach stated that the applicant, Mr. Park Dudley, has
requested reconsideration (Exhibit D-3) and submitted a redesigned plan for the
proposed garage. Mr. White stated the
protestors are no longer present.
Mr. Beach informed the Board that they may reconsider the
case now without the protestors being present or they may postpone the
reconsideration to a new meeting date and give notice to those protestors.
Board
Action:
On MOTION of DUNHAM, the Board voted 4-0-1 (Dunham,
Perkins, Turnbo, White "aye"; no "nays", Cooper
"abstentions”; no "absent") to RECONSIDER Case No. 18524 at the meeting of November 9, 1999
and new notice shall be given to the interested parties present.
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Action
Requested:
Special Exception to allow a mobile home in a RM-1 district.
SECTION 401. PRINCIPAL USES PERMITTED IN RESIDENTIAL DISTRICTS – Use Unit 9
and a Variance to permit a mobile permanently. SECTION 404.E.1. SPECIAL
EXCEPTION USES IN RESIDENTIAL DISTRICTS, REQUIREMENTS, located 2024 North
Joplin.
Presentation:
The applicant, Roberta Reser, Route 2 Box 275, Catoosa, OK, submitted a site plan
(Exhibit E-1) and stated that they would like to put a mobile home on the
subject property.
Comments
and Questions:
Mr. Dunham asked the applicant if they
plan to have skirting and tie downs?
Ms. Reser replied affirmatively.
Ms. Reser explained to the Board that personal
hardship kept them from acting on the previous approval in 1995. That approval has since expired and they are
applying for exactly the same thing.
Interested
Parties:
Mr. Stump stated that he received a call
from Councilor Turner's office, District 3,
reiterating his objection to mobile homes in his district.
Board
Action:
On MOTION of DUNHAM, the Board voted 4-0-0 (Dunham,
Perkins, Turnbo, White "aye"; no "nays", no
"abstentions”; Cooper, "absent") to APPROVE a Special Exception to allow a mobile
home in a RM-1 district. SECTION
401. PRINCIPAL USES PERMITTED IN
RESIDENTIAL DISTRICTS – Use Unit 9 and a Variance to permit a
mobile home permanently. SECTION
404.E.1. SPECIAL EXCEPTION USES IN
RESIDENTIAL DISTRICTS, REQUIREMENTS, subject to the mobile home being tied
down and skirted, per plan submitted, on the following described property:
Lots 1 and 2, Block 5, Original Townsite of Dawson, City of
Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception to allow one single-family dwelling per
lot in a CH zoned district. SECTION
701. PRINCIPAL USES PERMITTED IN
COMMERCIAL DISTRICTS – Use Unit 6, located South of SE/c East Latimer &
North Quaker.
Presentation:
The applicant, Gary Casteel, submitted a site plan (Exhibit F-1) and stated that
he is the Executive Director for Habitat for Humanity in Tulsa that owns the
two subject lots. Mr. Casteel mentioned
that there is not a commercial building on the entire block. All the lots are utilized as residential
single-family lots. Mr. Casteel stated
that Habitat for Humanity is currently building two other houses in the
neighborhood.
Comments
and Questions:
Ms. Turnbo asked if the plan submitted
will be used for both lots? Mr. Casteel
replied affirmatively. The houses will
each be about 1,100 square feet.
Interested
Parties:
None.
Board
Action:
On MOTION of PERKINS, the Board voted 4-0-0 (Dunham,
Perkins, Turnbo, White "aye"; no "nays", no
"abstentions”; Cooper, "absent") to
APPROVE a Special
Exception to allow one single-family dwelling per lot in a CH zoned
district. SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL
DISTRICTS – Use Unit 6, the houses must meet the RS-4 yard requirements, on
the following described property:
Lots 15 and 16, Block 4, Capitol Hill 2nd, a
Resub of Lots 1 & 2, Block 4, Capitol Hill 2nd, City of Tulsa, Tulsa
County, State of Oklahoma
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Action Requested:
Special Exception to allow office use (Use Unit 11) in a
RM-1 zoned district. SECTION 603. BULK AND AREA REQUIREMENTS IN THE OFFICE
DISTRICTS – Use Unit 11, located 3404 East 33rd Street.
Presentation:
The applicant, Chad Stites, 1918 East 51st Street, submitted a site
plan (Exhibit G-1) and stated that he would like to use part of a single-family
residential dwelling formerly used as a daycare. Mr. Stites proposes to take the westernmost house and using it as
a residence with approximately 300 square feet to be used as a small
office.
Comments
and Questions:
Mr. White inquired about whether or not
this office would be classified as a "home occupation"? Mr. Stites replied that he would not reside
there, his handicapped daughter would.
He would be able to be close to her during the day and get some work
done while there.
Mr. Beach stated that the resident has
to be the one conducting the business and since his daughter would be living in
the home it is not classified as a home occupation.
Mr. Stump reminded the applicant of the
parking requirements and he stated that he would have no problem meeting the
requirement.
Interested
Parties:
None.
Board
Action:
On MOTION
of TURNBO the Board voted 4-0-0
(Dunham, Perkins, Turnbo, White "aye"; no "nays", no
"abstentions”; Cooper, "absent") to
APPROVE a Special
Exception to allow office use (Use Unit 11) in a RM-1 zoned district. SECTION 603. BULK AND AREA REQUIREMENTS IN THE OFFICE DISTRICTS – Use Unit 11,
subject to the office being limited to 300 square feet, on the following
described property:
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Action
Requested:
Special Exception to permit a mobile home in a CH District. SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL DISTRICTS – Use Unit 9,
located 13454 East 11th Street.
Presentation:
The applicant, Steve J. Melton, 17301 East Admiral Place, Tulsa, OK, submitted a
site plan (Exhibit H-1) and stated that he owns the subject property. He bought the property in 1995 and the
mobile home was existing at that time.
The request is not for a new mobile home but for one that has been
existing for over 20 years.
Comments
and Questions:
Mr. Dunham asked Ms. Parnell what
precipitated the application? Ms. Candy
Parnell, Code Enforcement, stated that her office is doing a "sweep"
in the 11th Street area from 129th to 145th
East Avenue. They are taking down some
vacated buildings. She was checking
zoning in the area and this property came up.
There were some problems with Mr. Melton's property in reference to junk
cars and other trash and weeds. In
researching the property, she could not locate a permit for the mobile
home.
Interested
Parties:
Bob
Johnson, 15324 East 13th Street, stated that he is the President
of the Tower Hills Neighborhood Association.
Mr. Johnson is opposed to the application. For the past ten months the neighborhood association has been
working with the City to clean up the area from 11th Street to 129th
and 145th East Avenue. They
have asked various businesses to voluntarily to clean up their businesses. When the business has not done so
voluntarily, Code Enforcement steps in.
Mr. Melton's business is becoming an eyesore along 11th
Street and it looks like an auto salvage.
Mr. Johnson urged the Board to deny the application.
Mr. White asked Mr. Johnson if he has
any problem with the mobile home. Mr.
Johnson replied affirmatively.
James
Martino, stated that he is a member of the Tower Hills Neighborhood
Association. Mr. Martino submitted
information packets (Exhibit H-2) relating to the subject property. He explained what the packet contained
including the location of the various photos.
Mr. Martino is concerned about where the lateral line are located
because the entire property is on septic and the cars cover most of the
property.
Mr. White asked Staff if the CH zoning
allows auto salvage? Mr. Stump replied
negatively.
Councilor
Art Justis, District 6, stated that he is opposed to the mobile home. Councilor Justis reiterated that they are
trying to clean-up the area and this property is an eyesore. Councilor Justis asked the Board to deny the
application.
Applicant's
Rebuttal:
Mr. Melton stated that he does not own
the business he owns the property. The
property is leased to the auto repair business. Mr. Melton informed the Board that the auto repair business has
taken care of the complaint and cleaned up their business.
Comments
and Questions:
Ms. Parnell mentioned to the Board that
the problem with CH zoning is that vehicle storage is allowed and you can have
vehicles that are being repaired. Ms.
Parnell stated that she has had several conversations with Alan Jackere, City
Legal Department about what the time frame is that a vehicle awaiting parts can
stay parked. They have not come to a
clear answer about that problem. Ms.
Parnell stated that this business is not pretty but it does not have the
appearance of an auto salvage.
Mr. Dunham asked the applicant if the
mobile home is being used as an office or a residence? Mr. Melton stated that the man he bought the
property from lived there and it is currently utilized as a residence.
Ms. Perkins asked the applicant about
the septic system and the lateral line?
Mr. Melton replied that he is not sure where the septic system is
because he has not had any problems with it.
Mr. White stated that this property is a
single pocket of CH zoning in the area.
Ms. Turnbo feels that the mobile home
should be moved out and the sweep is a good idea to clean up an area.
Board
Action:
On MOTION
of TURNBO, the Board voted 4-0-0
(Dunham, Perkins, Turnbo, White "aye"; no "nays", no
"abstentions”; Cooper, "absent") to
DENY a Special Exception to
permit a mobile home in a CH District. SECTION
701. PRINCIPAL USES PERMITTED IN
COMMERCIAL DISTRICTS – Use Unit 9, finding that it is injurious to the
neighborhood, on the following described property:
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Action Requested:
Special Exception to allow a 6' wrought iron fence in the front yard - increased from the allowable 4' fence. SECTION 210.B. YARDS, Permitted Obstructions in Required Yards, located South of SW/c East 45th Street & South Columbia Avenue.
Presentation:
The applicant, Sanjay
D. Meshri, 4420 South Columbia Avenue, Tulsa, OK, submitted a site plan
(Exhibit I-1) and photos (Exhibit I-2).
Mr. Meshri stated that he would like to put a wrought iron fence around
the two properties. There is a pond on
the property and the fence would protect the pond. The property is relatively flat and there are no grade
changes. There are four properties in
the area that have similar fences. Mr.
Meshri stated that the property is 35,000 square feet and the fence will be 880'
linear feet. The problem that the
variance applies to is an area of about 140' on two different properties.
Comments
and Questions:
Mr. White asked the applicant if any of
the variance pertains to the cul-de-sac area on 46th Street? Mr. Meshri replied yes, a small section.
Interested
Parties:
None.
Board
Action:
On MOTION of PERKINS, the Board voted 4-0-0 (Dunham,
Perkins, Turnbo, White "aye"; no "nays", no
"abstentions”; Cooper, "absent") to
APPROVE a Special
Exception to allow a 6' wrought iron fence in the front yard -
increased from the allowable 4' fence. SECTION
210.B. YARDS, Permitted Obstructions in Required Yards, per plan submitted,
on the following described property:
Lot 6, Block 1, Birmingham Terrace 2nd and Lot 2,
Block 10, Villa Grove Park Addition, City of Tulsa, Tulsa County, State of
Oklahoma.
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Action Requested:
Approval of an amended site plan of a previously approved
plan (BOA 16661 & BOA 16462) to add room addition on north end of dwelling,
located 12833 East 35th Street South.
Presentation:
The applicant, Gregory
G. Calloway, 12833 East 35th Street South, submitted a site plan
(Exhibit J-1) and stated that they would like to add a room to their
duplex. The entire street consists of
duplexes and there is no commercial use anywhere. They would like to add a 14' x 20' room.
Interested
Parties:
None.
Board
Action:
On MOTION of DUNHAM, the Board voted 4-0-0 (Dunham,
Perkins, Turnbo, White "aye"; no "nays", no "abstentions”;
Cooper, "absent") to APPROVE an amended site plan of
a previously approved plan (BOA 16661 & BOA 16462) to add room addition on
north end of dwelling, limited to this one lot, per plan submitted, on the
following described property:
Lot 1, Block 1 and Lot 1, Block 2, Briarglen East Center,
City of Tulsa, Tulsa County, State of Oklahoma
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Action
Requested:
Modification of prior Board of Adjustment action to allow
overnight parking of customer vehicles on Harvard Avenue side of facility. SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL DISTRICTS and SECTION
1607.C.3. VARIANCES, Board of Adjustment Action – Use Unit 17, located 4122
South Harvard Avenue.
Presentation:
The applicant, Stephen L. Oakley, submitted a site plan (Exhibit K-1) and informed the Board that twenty years ago the Board of Adjustment approved an Aamco Transmission Center to be located at this property. As a condition of the approval, any overnight parking of customer vehicles was to be behind the building in a screened area. Parking on the Harvard side was only for daytime parking. Mr. Oakley mentioned that problems have developed in the area. Vandals have gotten into the screened area and vandalized the customer cars. Mr. Oakley explained that customer cars are safer being parked in the front of the building rather than in the back. Mr. Oakley submitted photos of the property (Exhibit ). Immediately adjacent to the property is a business that has U-Haul type trucks parked out front all the time.
Comments and Questions:
Mr. White asked the applicant what the capacity for parking inside the building is? Mr. Oakley replied that the garage is set up with several bays and it is only during an overflow situation that the cars are parked outside. He stated that there is a total of six bays.
Mr. Beach informed the Board that in the previous case that imposed the condition in 1979, the condition was volunteered by the applicant. There were no protestors present.
Board
Action:
On MOTION of DUNHAM, the Board voted 4-0-0 (Dunham,
Perkins, Turnbo, White "aye"; no "nays", no
"abstentions”; Cooper, "absent") to
APPROVE Modification of prior
Board of Adjustment action to allow overnight parking of customer vehicles on Harvard
Avenue side of facility. SECTION
701. PRINCIPAL USES PERMITTED IN
COMMERCIAL DISTRICTS and SECTION 1607.C.3. VARIANCES, Board of Adjustment
Action – Use Unit 17, on the following described property:
Lot 3, Block 1, Charles Teel Addition, City of Tulsa, Tulsa
County, State of Oklahoma
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Action
Requested:
Variance of required 30' of frontage on a public street to
permit a lot split. SECTION 206. STREET FRONTAGE REQUIRED – Use Unit 6, located 8160 South
Elwood.
Comments
and Questions:
Mr. Beach informed the Board that the
applicant submitted a timely request for continuance (Exhibit L-1) to the
meeting of October 26, 1999.
Board
Action:
On MOTION of DUNHAM, the Board voted 4-0-0 (Dunham, Perkins,
Turnbo, White "aye"; no "nays", no "abstentions”;
Cooper, "absent") to CONTINUE the case to the meeting
of October 26, 1999.
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Action
Requested:
Special Exception to permit auto repair service in a CS
District. SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL
DISTRICTS – Use Unit 17; a Variance of required parking from 65 to 26
spaces. SECTION 1211.D. USE UNIT
11. OFFICES, STUDIOS, AND SUPPORT
SERVICES, Off-Street Parking and Loading Requirements; SECTION 1214.D. USE UNIT
14. SHOPPING GOODS AND SERVICES,
Off-Street Parking and Loading Requirements; and SECTION 1217.D. USE UNIT
17. AUTOMOTIVE AND ALLIED ACTIVITIES,
Off-Street Parking and Loading Requirements and a Variance of Off-Street
Parking Design Standards. SECTION
1303. DESIGN STANDARDS FOR OFF-STREET
PARKING AREAS, located 5229 and 5239 South Peoria.
Presentation:
The applicant, Juan Calderon, 5229 South Peoria, stated that he is the owner of
the subject property. Mr. Calderon
submitted a site plan (Exhibit M-1) and a packet of information to the Board
(Exhibit M-2) summarizing the history of the property. Mr. Calderon stated that he has owned the
subject property for 16 years and has never had any problems or
complaints. He explained that the
current tenant of the property has caused some problems and he has been
evicted. Mr. Calderon informed the
Board that the property is not good for any other use except for an auto repair
service.
Comments
and Questions:
Mr. White asked the applicant if he owns or has an
arrangement for parking with adjacent properties for additional parking
spaces? Mr. Calderon stated that he did
not.
Mr. Stump asked the applicant if the
parking spaces on the north side of the building are accessed from the
neighbor's property and does he have an agreement to use that access? Mr. Calderon replied that the building has
been there since 1965 and they have always used that access and he does not
have an agreement to use that access.
Interested
Parties:
David
Thorton, 525 South Main
Street, Tulsa, OK 74103, stated that he represents the JSPP Corporation which
owns the Brooke Plaza Shopping Center that is immediately adjacent to the
subject property. Mr. Thorton stated that
Mr. Calderon's business does not have the required number of parking and in
turn parks their cars or cars waiting for repair on the shopping center's
parking lot without permission. Mr.
Thorton pointed out to the Board that the parking spaces on the plat located
south of the garage area are not the required size and the applicant's only
access to those spaces is through his client's property which Mr. Calderon does
not have permission to use. The garage
does not have access for vehicles except from the rear which faces residential
property. Mr. Thorton's client had to
pay to have Mr. Calderon's cars moved off of his property because there were 32
vehicles parked there. Mr. Thorton
stated that this property has been a problem to the neighborhood and other
businesses for many years and asked the Board to deny the application.
Emily
Rohleder, stated that she is
the Property Manager for the Brooke Plaza Shopping Center. Ms. Rohleder stated that there has been a
problem with homeless people living in and around the immediate area and even
in the cars. The owner of Brooke Plaza
Shopping Center has spent a considerable amount of money trying to clean up the
property and surrounding area. Ms.
Rohleder believes that the subject property is not suited for an auto repair
business.
COOPER IN AT 3:00 P.M.
Councilor
Vicki Cleveland, District 8,
stated that she is opposed to the application.
Comments
and Questions:
Ms. Parnell, Neighborhood Inspections,
stated that the applicant is not concerned about who he rents or how the
property is maintained until he gets a letter from her office. Ms. Parnell stated that the complaint she
received came from the residential property owners. She does not believe that the property is suitable for an auto
repair facility. She stated that
without the help of the shopping center and their management, she never could
have brought the property under control.
Applicant's
Rebuttal:
Mr. Calderon stated that he does not
know anything about zoning. He has a
clause in his lease contract that states if the City finds anything wrong with
the business, the contract and lease is null and void. Mr. Calderon asked the Board to approve his
application.
Board
Action:
On MOTION of TURNBO, the Board voted 4-0-1 (Dunham, Perkins,
Turnbo, White "aye"; no "nays", Cooper "abstentions”;
no "absent") to DENY a Special Exception to
permit auto repair service in a CS District. SECTION 701. PRINCIPAL USES
PERMITTED IN COMMERCIAL DISTRICTS – Use Unit 17; a Variance of required parking
from 65 to 26 spaces. SECTION 1211.D.
USE UNIT 11. OFFICES, STUDIOS, AND
SUPPORT SERVICES, Off-Street Parking and Loading Requirements; SECTION 1214.D.
USE UNIT 14. SHOPPING GOODS AND
SERVICES, Off-Street Parking and Loading Requirements; and SECTION 1217.D. USE
UNIT 17. AUTOMOTIVE AND ALLIED
ACTIVITIES, Off-Street Parking and Loading Requirements and a Variance
of Off-Street Parking Design Standards. SECTION
1303. DESIGN STANDARDS FOR OFF-STREET
PARKING AREAS, finding that the use would be injurious to the neighborhood,
on the following described property:
Lots 1 and 2 Cantrell Addition, City of Tulsa, County of
Tulsa, State of Oklahoma.
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Variance of the required 297 parking spaces for a shopping
center to 226 actual parking spaces. SECTION
1212.D. USE UNIT 12. EATING ESTABLISHMENTS OTHER THAN DRIVE-INS,
Off-Street Parking and Loading Requirements, located 6161 South 33rd
West Avenue.
Presentation:
The applicant, Joe
Parise, 5760 South 97th West Avenue, submitted a site plan
(Exhibit N-1) and stated that in April he and his wife purchased a restaurant
in the West Highlands Plaza shopping center and they have been trying to obtain
a letter of occupancy. Mr. Parise
informed the Board that the parking lot is never full. Mr. Parise mentioned that he is the fifth
restaurant owner in the same spot and the first one to have to obtain an
occupancy permit.
Interested Parties:
John Hardson, stated that he owns the center and he informed the Board that the facility was built in 1987. The facility does not have a parking problem.
Comments and Questions:
Mr.
White asked why this application came before the Board? Mr. Ackermann, Zoning Official, stated that
his office got an application for a Certificate of Occupancy and they did a
parking study. As a result of the
review, it was discovered that they were short some of the required parking
spaces.
Board
Action:
On MOTION of PERKINS, the Board voted 5-0-0 (Cooper,
Dunham, Perkins, Turnbo, White "aye"; no "nays", no
"abstentions”; no "absent") to
APPROVE Variance of the required
297 parking spaces for shopping center to 226 actual parking spaces, finding
that there have been other restaurants in the same space, there has never been
a problem with parking. SECTION
1212.D. USE UNIT 12. EATING ESTABLISHMENTS OTHER THAN DRIVE-INS,
Off-Street Parking and Loading Requirements, on the following described
property:
Lot 1, Block 1, Sunwest Highlands Plaza, City of Tulsa,
County of Tulsa, State of Oklahoma
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Variance of the screening requirements on the east property
line where use is abutting an R zoned district. SECTION 1213.C.2. USE UNIT 12. CONVENIENCE GOODS AND SERVICES, Use Conditions - Use Unit 13,
located 1219 South Peoria.
Presentation:
The applicant, Karen
F. Ward, 1219 South Peoria, submitted a site plan (Exhibit O-1) and stated
that she is the owner of the subject property.
Ms. Ward submitted a letter from the owner of the apartment complex
behind her property (Exhibit O-3). The
apartment complex feels that if a screening fence is placed in the abandoned
alley it will deny access for the tenants to the various properties nearby and
inhibit trash collection. Ms. Ward
submitted photos of the area (Exhibit O-2).
Interested Parties:
David Patrick, former City Councilor, stated that he supports the application.
Board
Action:
On MOTION of DUNHAM, the Board voted 5-0-0 (Cooper,
Dunham, Perkins, Turnbo, White "aye"; no "nays", no
"abstentions”; no "absent") to
APPROVE Variance of the screening
requirements on the east property line where use is abutting an R zoned
district finding that the conditions in the neighborhood are not conducive to a
screening fence in that location. SECTION 1213.C.2. USE UNIT 12. CONVENIENCE
GOODS AND SERVICES, Use Conditions - Use Unit 13, on the following
described property:
Lots 33 through 36, Block 5, Orchard Addition and also the 8'
of vacated alley adjacent to east line of Lots 33 through 36, Block 5, Orchard
Addition, City of Tulsa, County of Tulsa, State of Oklahoma.
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Variance of the required parking spaces for retail shopping
from 107 spaces to 97 spaces. SECTION
1214.D. USE UNIT 14. SHOPPING GOODS AND
SERVICES, Off-Street Parking and Loading Requirements – Use Unit 14,
located NW/c East 31st Street & South Memorial Drive.
Comments and Questions:
Mr.
Beach informed the Board that the application has been withdrawn by the
applicant.
Board
Action:
None taken.
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Variance of the required front yard setback from 35' to 30' in
two locations and from 35' to 33' in a third location. SECTION 403. BULK AND AREA
REQUIREMENTS IN THE RESIDENTIAL DISTRICTS – Use Unit 6 and a Variance of
the required rear yard from 25' to 5' for approximately 25' to permit the
garage to encroach into the rear yard by approximately 465 square feet. SECTION 403. BULK AND AREA REQUIREMENTS IN THE RESIDENTIAL DISTRICTS,
located SE/c East 30th Street & 30th Street &
South Victor.
Presentation:
The applicant, Charles
E. Norman, 2900 Mid-Continent Tower, Tulsa, OK, submitted a site plan
(Exhibit Q-1) and stated that this lot was before the Board in April of this
year and the Board approved a series of variances to the front yard setback for
the construction of a house for Mr. and Mrs. Ganzkow. Several of the neighbors in the area filed a Notice of Appeal and
that appeal is pending. Mr. Norman
stated that they have redesigned the residence on the lot and he submitted that
plan along with the plan that was approved in April. Mr. Norman also submitted letters of approval from the adjacent
homeowners (Exhibit Q-2). Mr. Norman
stated that he has also submitted a copy of the plans to Mr. Henry, who is the
attorney for the neighborhood group that filed the appeal. They have agreed, that if the Board supports
this plan, they will file a joint motion to determine that the prior approval
by the Board is moot and that will then make the appeal moot.
Interested Parties:
Larry Henry, stated that he is the attorney for several of the neighbors. Mr. Henry stated that this case has proven that people can work together to make things work. He informed the Board that he supports this application.
Board
Action:
On MOTION of TURNBO, the Board voted 5-0-0 (Cooper,
Dunham, Perkins, Turnbo, White "aye"; no "nays", no
"abstentions”; Cooper, "absent") to
APPROVE a Variance
of the required front yard setback from 35' to 30' in two locations and from
35' to 33' in a third location. SECTION
403. BULK AND AREA REQUIREMENTS IN THE
RESIDENTIAL DISTRICTS – Use Unit 6 and a Variance of the required
rear yard from 25' to 5' for approximately 25' to permit the garage to encroach
into the rear yard by approximately 465 square feet. SECTION 403. BULK AND AREA
REQUIREMENTS IN THE RESIDENTIAL DISTRICTS, finding the hardship is the
nonconforming status of the lot, per plan submitted, on the following described
property:
Lot 1, Block 17, Forest Hills, an Addition to the City of
Tulsa, Tulsa County, State of Oklahoma, less and except a part thereof
described as beginning at a point on the SEly line thereof, 90.10' SEly of the
NE/c thereof, thence SWly for 64.52' to the SE/c thereof, thence NWly along the
SWly line thereof for 135.38' to the SW/c thereof, thence NEly on a curve to
the left having a radius of 301.79' for 83.96', thence SEly and parallel to the
SWly line of said Lot 1 for 130.12' to the point of beginning.
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Variance of required 33 parking spaces to 23 to permit
expansion of an existing restaurant. SECTION
1212.D. USE UNIT 12. EATING ESTABLISHMENTS OTHER THAN DRIVE-INS,
Off-Street Parking and Loading Requirements – Use Unit 12, located NW/c
East 81st Street South & South Memorial.
Presentation:
The applicant, Larry
Hoefling, 8056 South Memorial Drive, submitted a site plan (Exhibit R-1)
and stated that he represents Paddy's restaurant at 81st &
Memorial. Paddy's is a very small
restaurant in a small shopping center called Paddington Square. Mr. Hoefling mentioned that the restaurant
currently has 18 tables which occupies the majority of the 2,300 square foot
location. The kitchen, with the
addition of a new freezer, is now too small.
Mr. Hoefling explained to the Board that the two vacant spaces in the
center would have difficulty getting a usage permit due to the fact that the
parking is already allocated. There is
a 1,000 square foot unit next to their location which would allow Paddy's to
expand their kitchen and provide a non-smoking area. The variance is to allow them to remain with their 23 current
spaces. Mr. Hoefling stated that the
expansion to the kitchen area will not create a need for additional parking
spaces. Mr. Hoefling mentioned that
the primary hours for the restaurant are the evening hours when most of the
other tenants are closed.
Comments and Questions:
Ms. Turnbo asked the applicant if he is
planning to add more tables and if so, how many? Mr. Hoefling replied that he would like to use 1/3 of the space
for the kitchen addition and add seven or eight additional tables.
Board
Action:
On MOTION of DUNHAM, the Board voted 5-0-0 (Cooper,
Dunham, Perkins, Turnbo, White "aye"; no "nays", no
"abstentions”; no "absent") to
APPROVE a Variance
of required 33 parking spaces to 23 to permit expansion of an existing restaurant.
SECTION 1212.D. USE UNIT 12. EATING ESTABLISHMENTS OTHER THAN DRIVE-INS, Off-Street Parking
and Loading Requirements – Use Unit 12, subject to the approval being
limited to Paddy's Restaurant only, on the following described property:
Northwest Corner East 81st Street South &
South Memorial. Legal Description: Lot
1, Block 1, Famco Heights, City of Tulsa, Tulsa County, State of Oklahoma.
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Variance of setback from secondary arterial from 85' to 70'.
SECTION 403. BULK AND AREA REQUIREMENTS IN THE RESIDENTIAL DISTRICTS; a
Special Exception of the screening requirements on north property line and east
property line. SECTION 212.C.1.-2. SCREENING WALL OR FENCE, Modification of the
Screening Wall or Fence Requirement and a Variance of the required setback
for unenclosed parking from the centerline of abutting street from 50' to 41'. SECTION 1302.B. SETBACKS, located NE/c East 15th Street South
& South 73rd East Avenue.
Presentation:
The applicant, J. D.
Turner, was represented by Paul Meteke of the City of Tulsa. Mr. Meteke submitted a site plan (Exhibit
S-1).
Comments and Questions:
Mr.
White asked the applicant if the plan has been changed from the one that was approved
in August? Mr. Meteke stated that the
plan has not changed.
Board
Action:
On MOTION of DUNHAM, the Board voted 5-0-0 (Cooper,
Dunham, Perkins, Turnbo, White "aye"; no "nays", no
"abstentions”; no "absent") to
APPROVE Variance of setback from
secondary arterial from 85' to 70'. SECTION
403. BULK AND AREA REQUIREMENTS IN THE
RESIDENTIAL DISTRICTS; a Special Exception of the screening
requirements on north property line and east property line. SECTION 212.C.1.-2. SCREENING WALL OR FENCE, Modification of the
Screening Wall or Fence Requirement and a Variance of the required
setback for unenclosed parking from the centerline of abutting street from 50'
to 41'. SECTION 1302.B. SETBACKS, per plan submitted, on the
following described property:
Lots 10 through 16 and S 15' of Lot 9, Block 13, Eastmore
Park less part of Lot 13, beginning at SW/c of Lot 13, thence N 15', thence SE
21.21'; thence W 15' to POB, City of Tulsa, Tulsa County, State of Oklahoma.
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Special Exception in an RS-3 zoning district to allow for
the construction of one bedroom duplexes as part of the "Crestview
II" development. SECTION 401. PRINCIPAL USES PERMITTED IN RESIDENTIAL DISTRICTS and SECTION
403. BULK AND AREA REQUIREMENTS IN THE
RESIDENTIAL DISTRICTS, located East side of North Cincinnati Avenue &
South of East 36th Street North.
Comments and Questions:
Mr. Beach informed the Board that there
was a flaw in the notice and the case needs to be continued one month (November
9, 1999) to allow time for renotification.
Board
Action:
On MOTION of DUNHAM, the Board voted 4-0-0 (Dunham,
Perkins, Turnbo, White "aye"; no "nays", no
"abstentions”; Cooper, "absent") to
CONTINUE the case to the
meeting of November 9, 1999.
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Special Exception to allow a boys home for up to 14 boys
from 13 to 17 years old in current custody of Department of Human Services. SECTION 301. PRINCIPAL USES PERMITTED IN THE AGRICULTURE DISTRICT – Use Unit 2,
located 8621 South Memorial Drive.
Presentation:
The applicant, John
J. Livingston, 2021 South Lewis, Suite 450, Tulsa, OK 74104, submitted a
site plan (Exhibit U-1) and stated that he is the applicant and attorney for
Higher Dimensions. Higher Dimensions is
seeking to get authority to allow a residence for boys ages 13 to 17 years of
age in the current custody of the Department of Human Services. Mr. Livingston mentioned that the boys are
in the custody of the Department of Human Services because they have been
abused, abandoned or neglected. The
boys are victims and not perpetrators.
The boys are not under the direction of the Department of Corrections or
the Juvenile Justice system.
Pastor Carlton
Pearson, 8621 South
Memorial, stated that he is the Pastor of Higher Dimensions Church. It is their intention to operate a boys home
for children in the custody of Department of Human Services ("DHS"). Pastor Pearson believes that the church can
give the proper love, support and counseling services that the boys need.
Steve Lymon, stated that he is a consultant and program director for
the proposed boys home. Mr. Lymon
mentioned that the program proposal is to help children who are suffering from
abandonment, abuse and neglect that are currently in the custody of DHS and
living in shelters. The program will be
highly structured providing individual, group and family counseling;
social/life skills training on a daily basis.
The home will be staffed with as many as two times the required staffing
as per the DHS contracting and licensing standards. There will never be fewer than three staff at any given
time. There will also be 24-hour
on-ground security at all times. Mr.
Lymon informed the Board that the average length of stay for the boys will be
six months. It is their desire to
provide the boys with skills to deal with their victimization.
Comments and Questions:
Ms. Turnbo asked Mr. Lymon if they will
be preparing the boys to go back into a residential institution or foster care
facility? Mr. Lymon replied that if the
boys went back to their homes or another facility, DHS has standards that have
to be met before they go back. In
addition, Higher Dimensions will provide family counseling on a regular basis
and will link them up with additional counseling services as they return to
their home or residence.
Ms. Turnbo asked where the boys will go
to school and Mr. Lymon stated that they will go to school on grounds, as per
the DHS contract.
Ms. Turnbo asked what will happen when
one of the youths "walks away"?
Mr. Lymon replied that it is their authority to follow them and bring
them back. They will call the police,
they can bring them back also. If the program
runs the way it is proposed to run, the staff will prevent 99% of that from
happening. Ms. Turnbo asked why the
police would be called in? Mr. Lymon
responded that the boy would then be considered a run away and the police must
be brought in at that point.
Ms. Turnbo asked if a judge wants to
place a boy in this institution awaiting trial, would he be accepted? Mr. Lymon replied no. This is not the type of home he would be in. Any child that goes through the court system
will be placed in a home that is employed through the Juvenile Authority.
Ms. Turnbo asked if the facility is run
by the State or City? Mr. Lymon stated
that the facility will be a private non-profit. They will apply for a contract from DHS.
Ms. Turnbo asked Mr. Lymon if they place
any level on the children? Mr. Lymon
replied that they are applying for a D+ contract. Ms. Turnbo read the definition of youth to be served in a D+
facility.
Mr. White asked Mr. Lymon if, because of
the D+ rated contract, is there a lock down at night? Mr. Lymon replied that by law, they cannot lock the doors from
the inside. They are locked from the
outside to protect the privacy and safety of the kids. There is an alarm system inside the house
which does not have motion detectors because the staff has to move about. There will be a number of checks through the
night to make sure the youths are in their beds. The security system will immediately notify staff when any door
or window is opened. Ms. Perkins asked
if the security system is zoned? Mr.
Lymon replied affirmatively, it will tell them which door and which window is
open.
Mr. White stated that the Board is in
receipt of a petition and letters of opposition totaling 112 signatures.
Mr. White asked Mr. Lymon if he or a
representative of the church has spoken with any of the neighbors? Mr. Lymon replied that he spoke to the
President of the homeowners' association, who came to their open house.
Ms. Perkins asked if the church will
know what kind of background the boys will be coming from? Mr. Lymon replied that they will be informed
of prior abuse or neglect. However,
juvenile records are sealed, but they do not treat boys with criminal
backgrounds. They are informed of what
kind of behavior the boys are exhibiting so they can design the appropriate
treatment plan for that boy.
Ms. Turnbo stated that the request is
for boys ages 13 to 17. She asked if
there is any way that the age limit could be extended to 18 or 21 years of
age. Mr. Lymon replied that the D+
contract will allow them to stay to the age of 17; however, with an exception
they could stay longer.
Interested
Parties:
The following people spoke in SUPPORT of
the application:
Diana
Diaz, 3110 East 25th Place, Tulsa, OK, stated that she is
employed by the Oklahoma Mediation Family Division and is in support of the
proposed facility. Ms. Diaz stated that
she has done some research in this zip code zone (74133) and there are five
registered sex offenders living in that area.
The proposed boys home is not as dangerous as living next to one of
these sex offenders. Ms. Diaz submitted
the list of sex offenders to the Board (Exhibit U-2).
Henry
Pennix, Box 8010, Tulsa, OK, 74101, stated that he has been a member of
Higher Dimension for about 12 years.
Mr. Pennix mentioned that he owns the Koala Care Day Care centers in
town. He mentioned that they have had
opposition in the past to the opening of the centers. Mr. Pennix explained that once the neighborhood was informed
about what they were doing and actually saw the good it did for the
neighborhood, they supported it. This
group home is the same type of situation.
Mr. Pennix explained that this facility is not a money maker, the
purpose is to reach out to the community and help the boys.
Mr. White stated to Mr. Pennix that one
of the concerns voiced was property values.
Mr. Pennix stated that they had the same issue with his school. He does not feel that property values will
be affected. Mr. Pennix stated that the
actual building is a stand alone building that is bordered by a creek. He feels that once the media publicity calms
down and in six months time, no one will know that the facility is even there.
Kevin
Dorsey, 1445 North Frankfort Place, Tulsa, OK 74106, stated that he is a
Tulsa Public Schools Teacher and works security for Higher Dimensions
Church. Mr. Dorsey stated that he has
worked with many disadvantaged youths through various organizations. He believes that this facility is greatly
needed in the community and this is the right place to put one.
Timothy
Yanik ,1757 South Spruce, Broken Arrow, OK, stated that he is a member of
Higher Dimensions. Mr. Yanik has worked
in the school system with emotionally disturbed young men for several
years. Mr. Yanik stated that his two
daughters went to the Rainbow school at Higher Dimensions and would not have
had a problem with the facility being located close to that school. There is no interaction between the two
facilities.
Rosalyn
Lark, 1411 North Boston Avenue, stated that she supports the home and feels
that the counseling provided by Higher Dimensions will greatly benefit the boys
in the home.
Arthur
Tigney, 622 East 120th
Street, Jenks, OK, stated that he is a member of Higher Dimensions and is part
of the counseling center associated with the church. Mr. Tigney stated that the treatment will consist of professional
counseling and well trained staff who will work on a daily basis with the boys.
Gerald
Blair , 8932 East 17th Street, Tulsa, OK, stated that he is a
graduate of ORU and is a member of Higher Dimensions. Mr. Blair mentioned that he will be one of the volunteers in the
proposed program. Mr. Blair worked for
the juvenile court system in Tuscon, AZ and worked in the inner city of St.
Louis, he feels that he is qualified to work with the boys and would be able to
help turn around their lives. He fully
supports the application.
Chris
Bruner, 11630 South 74th East Avenue, Bixby, OK, stated that he
has worked for the Department of Human Services and the Department of
Corrections since 1972. Mr. Bruner
stated that he was involved with the institutionalization of the Hissom Center,
the public had a lot of fears and the way they overcame this was by public
awareness. The proposed program is a
courageous program that they are trying to do.
Mr. Bruner stated that these kids need a second chance.
The following people did not wish to speak
but showed up to support the case:
Michele
Reid, 7231 S. 87th E. Ave., Tulsa, OK 74133; Betty J. Lewis, 1305 S. 107th
E. Ave., Tulsa, OK; Samella Slater, 9655
E. 61st St., Tulsa, OK; Mardena
J. Walker, 1534 N. Yukon, Tulsa, OK;
The following people spoke in OPPOSITION
to the application:
Phil
Richards, 6272 South Hudson,
Tulsa, OK, stated that he is the father of a three year-old that attends
Rainbow school on the campus of the Higher Dimensions Church. Mr. Richards stated that he has no objection
to the mission or the goal of the church.
He objects to the location of the proposed home. The area where this facility is proposed to
be placed is in close proximity to the school.
The facility is not a secured facility.
Four blocks to the west of the proposed home is Darnaby Elementary
School in a heavy residential area. Mr.
Richards is opposed to the application.
Tim
Carney, 8608 South Erie Avenue, Tulsa, OK, stated that his wife is the PTA
President of Darnaby Elementary School. She could not be here today but has
received numerous phone calls about the proposed action. Mr. Carney has three children that attend
Darnaby. There has been no mention
about an elementary school being located less than 1,000 feet from this
facility. Mr. Carney is not opposed to
the goal of the church but he is opposed to the location. Mr. Carney stated that he is a Director for
a youth residential facility in Sand Springs.
One of the goal of this facility is to help troubled youth. He questions the plan that is proposed to be
put in place. He questions the skill
level of the supervisors and workers.
Mr. Cooper asked Mr. Carney about the ratios that are
involved in the scenario that he works in as it relates to staff. Mr. Carney replied that the staffing numbers
are similar. He stated that his
facility had a level D and level E programs.
They discontinued those programs because of the problems that they
had. The staffing numbers are not the
problem here, it is the skill levels.
Mr. Cooper asked Mr. Carney if he feels
that a minimum of four staff people and a maximum of 14 kids is a reasonable
ratio? Mr. Carney replied that it is
difficult to determine unless you know the individuals involved, including the
staff and boys. Mr. Carney mentioned
that it was his experience that it is difficult to hire and retain qualified
staff members.
Colette
Sawyer, 8717 South 80th East Avenue, stated that she respects
the vision of the church but she is concerned about the D+ level rating of the
facility. She is opposed to the
location of the facility.
Kristen
Tedford, 8745 South 80th
East Avenue, mentioned that her backyard abuts Higher Dimensions. Ms. Tedford has two children who attend
Rainbow school and is concerned about the proximity of the school to the group
home.
Andrea
Crossland, 8713 South 77th East Avenue, mentioned that she is
concerned about the facility and went to the open house at Higher Dimensions
pertaining to the group home. Ms.
Crossland was still not convinced, after attending the open house, that all the
plans are in place for the group home.
She is opposed to the application.
Brent
Huntsman, 8712 South 77th East Place, stated that he appreciates
the good intentions of the church; however, nobody has seen the DHS contract
and what it contains. Mr. Huntsman is
opposed to the application and the location of the facility.
Donna
Huntsman, 8712 South 77th East Place, stated that she found out
about the application yesterday. Ms.
Huntsman is concerned about letting her boys roam around the neighborhood because
of the threat from the boys home at Higher Dimensions. She feels that the proposed location is bad
for the surrounding neighborhood.
Bruce
Proctor, 7720 East 87th Place, mentioned that he does not oppose
the idea of the application but is opposed to the location.
Elizabeth
Muratet, 6578 East 85th Street, Tulsa, OK, stated that the
objections are based upon fear and part of that fear is not know how the
program will be put together. She feels
that there are too many questions that have been left unanswered.
Greg
Storm, 7703 East 85th Street, Tulsa, OK 74133, mentioned that he
heard about this application this morning and is very concerned. Mr. Storm is not objecting to what they
propose to do but is opposed to the location.
Mr. Storm feels that there still is a lack of information about several
aspects of the program that need to be brought out.
Councilor
Vicki Cleveland, District 8, mentioned that there is a great amount of fear
due to this application. She feels that
there is threat of the boys leaving the facility and entering the
neighborhood. Councilor Cleveland is
opposed to the application.
Comments
and Questions:
Mr. Beach informed the Board that the
notice is to allow up to 14 boys ages 13 to 17 years of age. If the boys go over the age of 17, new
notice needs to be given for that. Mr.
Beach also pointed out to the Board that there are eight items identified in
the Staff Report, from the Zoning Code.
The Board must make a finding on each of those items.
Mr. Dunham asked what the tract size
is? Mr. Stump believes that it is 1,000
x 1,320. Mr. Livingston stated that it
comprises 18 acres.
Applicant's
Rebuttal:
Mr. Livingston stated that the DHS
contract is not a negotiated contract, it is a standard contract with the State
of Oklahoma. It provides for the number
and level of personnel that has to work in a facility of this type. None of these kids will come from the
Juvenile Justice System, they will come from the Department of Human
Services.
Mr. Lymon explained to the Board the
location of the various buildings on the Higher Dimensions campus. Mr. Lymon mentioned that it is possible that
the Rainbow school playground may be moved to another location further away
from the group home. Mr. Lymon mentioned
that there are other group homes actually in residential settings within the
City of Tulsa. This home is isolated
from residential settings.
Pastor Pearson stated that this home is
still in the planning phases. Pastor
Pearson mentioned that they were not aware that they had to have a special
exception to allow this home because the building operated as a girls home
several years ago. Pastor Pearson
mentioned that everyone who spoke in fear spoke because they were
uninformed. Pastor Pearson mentioned
that there is not another facility in the City ready to take in these
boys. This is a perfect location and
perfect setting for the boys. He
informed the Board that in the beginning they would only like to house four to
six boys and see how that goes then work up to 14 boys.
Comments
and Questions:
Answers
to Code factors to be considered in granting a special exception for this type
of use:
1. Size of
facility. 4,500
square feet. The facility was constructed
to meet the requirements of the Department of Human Services.
2. Number of
staff and staff-to-client ratio: 1:3 ratio will be provided at the home. The State requirement is 1:6. The maximum number of boys will be 14.
3. Levels of
treatment: Residential and therapeutic services to boys age 13-17, in
current custody of DHS due to abuse, neglect and abandonment. Therapeutic intervention, life-skills
training, transitional living and social re-integration services. Estimated average length of stay would be
six months.
4. Location of
site in relation to needed services: School and counseling provided
on-site. Site is close to park,
shopping center and grocery store.
5. City
infrastructure in the area: Adequate to
serve.
6. Compliance
with state licensure and certification requirements: There is a
specific requirement from the state for program directors, staffing
requirements. Everyone involved with
the program will have at least five years experience. Half of the staff will have a Bachelor's Degree.
7. Proximity to
similar uses: 1˝ to 2 miles.
8. Distance from
sensitive uses (single-family residential districts, schools, parks, child day
care):
800-1,000 feet from single-family to the east, 600-800 feet
from single-family across Memorial to the west.
Mr.
Cooper asked Mr. Lymon how long the DHS contract will run and at whose option
is it renewable? Mr. Lymon replied
yearly and both parties have the option of renewal.
Ms. Perkins asked if Higher Dimensions
will be able to choose which boys come to the home? Mr. Lymon replied that there is a screening process in place and
depending upon the issues the boy has it will then be determined if Higher
Dimensions has the counseling available to help the boy. If not, he will be referred to another
facility.
Mr. Dunham stated that if this location
is not appropriate, what is? This is an
18 acre site and is as far away from residential in South Tulsa than you can
get. Mr. Dunham stated that if you look
at the list of eight conditions, this facility meets all of the
conditions.
Ms. Turnbo stated that the only thing
that concerns her is the school that the church runs that is located close to
the group home. Mr. White pointed out
that the school is a private school and not a public school.
Mr. Cooper understands what the
neighbors are afraid of. Mr. Cooper
believes that Higher Dimensions has a lot at stake, they are putting this
facility in their backyard. They have
the staff capable of running the home.
Mr. Cooper cannot imagine a better setting for this home within the
heart of the City of Tulsa.
Ms. Turnbo asked Mr. Cooper if he would
be willing to limit the facility to six youths in the beginning; staff ratio be
1:3 and the top age restricted to age 17?
Mr. Cooper replied that 17 is the top age applied for, they have not
applied for anything more. The minimum
staff would be three staff members plus one security officer. Mr. Cooper would like to see this facility
take closer to the maximum number of children.
He suggested a time frame of three to five years on the facility. Allow time for the facility to be up and
running and allow the opportunity for the neighbors to come back and say
whether or not it is working.
Mr. Dunham stated that he would like to have
the opportunity to see how this works.
Mr. Cooper suggested looking at this case again in 42 months.
The Board agreed to allowing 14 youths
to be housed in this facility for 3˝ years (42 months).
Board
Action:
On MOTION of COOPER, the Board voted 5-0-0 (Cooper,
Dunham, Perkins, Turnbo, White "aye"; no "nays", no
"abstentions”; no "absent") to
APPROVE Special Exception to
allow a boys home for up to 14 boys from 13 to 17 years old in current custody
of Department of Human Services with the following conditions: (1) that this
Board have a chance to review their progress at the end of 42 months from the
date of this meeting; (2) the Board deems the size of the facility being
roughly 4,500 SF is a suitable building floor area for the location of the
site; (3) an 18 acre site is appropriate for this type of use; (4) staff to
client ratio be a minimum of three staff plus one on-ground security member for
a maximum of 14 boys; (5) that the level of treatment be residential and
therapeutic services for boys ages 13 to 17; (6) location of the site in
relation to the needed services given the demand for this type of service; (7)
there are no other sites within a ˝ mile of this location; (8) the City
infrastructure is adequate to serve the required use; (9) the organization will
meet the state licensure requirements; (10) the distance from sensitive uses
which include single-family residential districts, schools, parks and child day
care, including the day care that is part of Higher Dimensions and integrated
to their program is suitable; (11) the church shall move the playground for the
daycare center closer to the school; (12) the facility shall house no higher
than D+ rated children. SECTION
301. PRINCIPAL USES PERMITTED IN THE
AGRICULTURE DISTRICT – Use Unit 2, on the following described property:
Lot 1, Block 1, Higher Dimensions, City of Tulsa, Tulsa
County, State of Oklahoma.
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Special Exception to permit a double-wide manufactured home
in an RS-3 and AG district. SECTION
401. PRINCIPAL USES PERMITTED IN
RESIDENTIAL DISTRICTS – Use Unit 9 and a Variance of the one-year time
limit to permanent. SECTION
404.E.1. SPECIAL EXCEPTION USES IN
RESIDENTIAL DISTRICTS, REQUIREMENTS, located 4543 North Lewis Avenue.
Presentation:
The applicant, John
Martin, 4543 North Lewis Avenue, Tulsa, OK, submitted a site plan (Exhibit
V-1) and stated that he sold the front of his property to QuikTrip. Mr. Martin submitted photos of the property
(Exhibit V-2). Mr. Martin would like to
place a double-wide manufactured home on the back portion of the property. The home would be placed on a permanent
foundation.
Comments and Questions:
Mr. Stump informed the Board that the applicant sold the front portion of his property to develop a convenience store and he would just like to put a home on the back portion.
Mr. Dunham asked if the home will be placed to the east of the QuikTrip? Mr. Martin replied that it would be. The property is heavily wooded and the house would not be seen from the street.
Interested Parties:
Veretta Carter, 1739 East 50th Place North, stated that she is opposed to the manufactured home. Ms. Carter informed the Board that she is a developer and she is developing some new homes about 1˝ miles away. She believes that the manufactured home will decrease the property values.
Esther Oogins, stated that she lives in North Tulsa and is opposed to allowing manufactured housing in the area. She feels that allowing any manufactured homes in the area will decrease the property values.
Councilor Joe Williams, District 1, informed the Board that he is opposed to allowing manufactured homes in District 1. Councilor Williams stated that he and several others are trying to clean up north Tulsa and make it a better place to live. They feel that by allowing mobile/manufactured homes into the area will tear apart everything they have accomplished.
Joe Westervelt, QuikTrip Corporation, 1630 South Boston Avenue, Tulsa, OK, mentioned to the Board that QuikTrip is acquiring a portion of this land for a new QuikTrip convenience store at the corner of 46th Street North and North Lewis Avenue. Mr. Westervelt stated that he met the Martins while working for the QuikTrip Corporation in trying to acquire the land. The transaction with the Martins has been completed. They have been left with a 30' panhandle and the ten acre site that is heavily wooded. It is their plans to bring in a manufactured home in this particular location. It is a unique site in that they will be living behind the QuikTrip facility. Mr. Westervelt mentioned that 46th Street North does not go through because of the extensive flood plain behind the property. Jon Eshelman, City Traffic Engineer does not believe that there will be any significant changes to that flood plain and the street will not be continued to the east. Mr. Westervelt mentioned to the Board that the proposed $90,000 manufactured home is comparable to a stick built home. The biggest difference is in how the homes are financed. Because of the problems with the title and land records on this particular piece of property, a stick built home could not be financed and built on the land. The manufactured home can be financed individually. This home will not be visible to the rest of the neighborhood. Mr. Westervelt believes that it is a high quality home and would be an asset to the area. Mr. Westervelt urged the Board to approve the manufactured home on this site.
Applicant's Rebuttal:
Mr. Martin stated that when he bought the property several years ago, it was a dump. He has spent a lot of time cleaning up the property.
Comments and Questions:
Mr. White mentioned that the Board has
routinely rejected mobile/manufactured homes in all residential areas with the
exception of the more rural areas. Mr.
White stated that this is a very remote piece of land.
Mr. Dunham stated that the proposed home
will be a vast improvement over what is currently there.
Board
Action:
On MOTION of DUNHAM, the Board voted 4-0-1 (Dunham,
Perkins, Turnbo, White "aye"; no "nays", Cooper
"abstentions”; no "absent") to
APPROVE a Special
Exception to permit a double-wide manufactured home in an RS-3 and AG
district. SECTION 401. PRINCIPAL USES PERMITTED IN RESIDENTIAL
DISTRICTS – Use Unit 9 and a Variance of the one-year time limit
to permanent. SECTION 404.E.1. SPECIAL EXCEPTION USES IN RESIDENTIAL
DISTRICTS, REQUIREMENTS, on the following described property:
The S/2 N/2 N/2 NW/4 NW/4, less W 30' for road, in Section
17, T-20-N, R-13-E, Tulsa County, Oklahoma and S/2 N/2 NW/4 NW/4, less S 65'
and less N 165' of W 528', and less N 100' of S 165' of W 543' of Section 17,
T-20-N, R-13-E, Tulsa County, Oklahoma.
*.*.*.*.*.*.*.*.*.*.
OTHER BUSINESS
Action
Requested:
Request to amend minutes of July 14,
1999.
Comments
and Questions:
Mr. Beach mentioned to the Board that
subject of the request is the Crow Creek Tavern located on the Southwest corner
of 35th Place and Peoria.
When the notice was given on the case, it included the area outlined by
the dashed line. The only area that
should have been the subject of the application is that area that is
cross-hatched. One is labeled Crow
Creek and the other is labeled parking.
The purpose of the request was to allow them to meet their parking
requirement on the OL lot to the west.
The request today is to clarify the minutes and exclude that part of the
property that should not have been included.
Exhibit W-1 was a memo submitted by Mr. Beach.
Board
Action:
On MOTION
of DUNHAM, the Board voted 5-0-0
(Cooper, Dunham, Perkins, Turnbo, White "aye"; no "nays",
no "abstentions”; no "absent") to
APPROVE an Amendment to the
Minutes of Case No. 18107 of July 14, 1998 to correct the legal description as
depicted on the Case Study furnished by Staff dated September 9, 1999.
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Approval of Board of Adjustment meeting
dates for the calendar year 2000.
Board
Action:
On MOTION
of DUNHAM, the Board voted 5-0-0
(Cooper, Dunham, Perkins, Turnbo, White "aye"; no "nays",
no "abstentions”; no "absent") to
APPROVE the 2000 Board of Adjustment
meeting schedule.
There being no further business, the
meeting was adjourned at 6:24 p.m.
Date
approved: _____________________________
__________________________________________