CITY BOARD OF ADJUSTMENT
Tuesday, December 14, 1999, 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, V. Chair |
Perkins |
Beach |
Jackere, Legal |
|
Cooper Turnbo |
|
Butler |
Ackermann, Zoning
|
|
White, Chair |
|
|
|
The notice and agenda of said meeting was posted in the Office of the City Clerk on Monday, December 13, 1999, at 10:48 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 1:00 p.m.
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Case
No. 18599
Action Requested:
Variance of the setback from E. 11th
St from 40' to 37.6' for addition to existing restaurant. SECTION 215.
STRUCTURE SETBACK FROM ABUTTING STREETS – Use Unit 12.A. Continuance
is requested by a letter, which was proper and timely.
Board Action:
On MOTION
of TURNBO, the Board voted 3-0-0
(Dunham, Turnbo, White "aye"; no "nays"; no"
abstention"; Cooper, Perkins "absent") to CONTINUE this case to the January 11,2000 meeting.
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Case
No. 18600
Action Requested:
In opposition requested a Continuance to January 26, 2000,
regarding Special Exception to permit church and accessory church uses in an
RS-3 district. SECTION 401.
PRINCIPAL USES PERMITTED IN RESIDENTIAL DISTRICTS – Use Unit 5, located
at 1127 East 35th Place.
Case No. 18600 (continued)
Board Action:
On MOTION
of TURNBO, the Board voted 3-0-0
(Dunham, Turnbo, White "aye"; no "nays"; no"
abstentions"; Cooper, Perkins "absent") to CONTINUE this case to the meeting on January 11, 1999.
MINUTES:
On MOTION of
DUNHAM, the Board voted 3-0-0
(Dunham, Turnbo, White "aye"; no "nays"; "no
abstentions"; Cooper, Perkins "absent") to APPROVE the minutes of October 12, 1999 (No. 782).
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UNFINISHED
BUSINESS
Action Requested:
Variance of the average lot width of 200’ to 161.59’ and
133’ for a lot-split. SECTION 303. BULK
AND AREA REQUIREMENTS IN THE AGRICULTURE DISTRICT – Use Unit 6, located at 8160
South Elwood.
Presentation:
John Moody, 7146 South Canton, co-counsel with Mr. Bearer, is
representing John French and Jack French.
Mr. Moody stated this property has belonged to the French family for
many years. He pointed out the long,
narrow tract. Mr. French has a legal,
nonconforming business on the property, using it for equipment maintenance and
storage. Mr. French wants to convey 3.3
acres of the property in the rear to his son, who intends to build a
five-bedroom, single-family dwelling on the property. Mr. Moody stated the condition is included in the application that
it be used for residential purposes only.
He added that this would be an advantage to the neighborhood in
providing a nice residential buffer from the existing nonconforming industrial
use to the residences on the west and southwest of the property. Mr. Moody included that an old barn on the
property will be removed.
Board
Action:
On MOTION of
Dunham, the Board voted 3-0-0
(Dunham, Turnbo, White, "aye"; no "nays"; no
"abstentions"; Cooper, Perkins, "absent") to APPROVE the Variance, of the average
lot width of 200’ to 161.59’ and 133’ for a lot-split with condition that an
existing barn straddling the new property line be removed, and that tract G be
used for residential purposes, finding the hardship to meet the requirements of
Section 1607.C.
A tract of land in the S/2 of the N 2/3 divided equally as
to area of the N/2 of the NE/4 of Section 14, T-18-N, R-12-E of the IBM, being
more particularly described as follows:
Beg. at a point on the E line of said S/2 N 2/3 a distance of 250.90’ N
of the SE/c of said S/2 N 2/3; the N 00°08’18” E on the E
line of said S/2 N 2/3 a distance of 161.59’ to a point 30’ S of the NE/c of
said S/2 N 2/3; thence N 89°53’57” W parallel with the N line of said S/2 N 2/3 a
distance of 820’; thence S 00°08’18” W parallel with the E line of said S/2 N 2/3 a
distance of 161.63’; thence E on the N line of an utility easement, a distance
of 820’ to the POB, less and except the E 50’ thereof; AND a tract of land in
the S/2 of the N 2/3 divided equally as to area of the N/2 of the NE/4 of
Section 14, T-18-N, R-12-E of the IBM, being more particularly described as
follows: Commencing at the SW/c of said S/2 N 2/3; thence S 89°53’42” E on the S
line of said S/2 N 2/3 a distance of 1559.28’ to the POB; thence continuing S
89°53’42”
E on the S line of said S/2 N 2/3 a distance of 278.16’ more or less to a point
820’ W of the SE/c of said S/2 N 2/3; thence N 00°0818” E parallel with the E line of said S/2 N 2/3 a
distance of 412.43’; thence S 89°53’57” E parallel with the N line of said S/2 N 2/3 a
distance of 820’ to a point on the E line of said S/2 N 2/3; thence N 00°08’18” E on the E
line of said S/2 N 2/3 a distance of 30’ to the NE/c of said S/2 N 2/3; thence
N 89°53’57”
W on the N line of said S/2 N 2/3 a distance of 1098.7’ more or less to a point
1559.28’ E of the NW/c of said S/2 N 2/3; thence S 00°04’11” W parallel
with the W line of said S/2 N 2/3 a distance of 442.41’ more or less to the POB
less and except the E 50’ thereof all in the City of Tulsa, Tulsa County, Oklahoma
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Action Requested:
Amend a
required tie contract to release Lot 10, Block 3, Henry Addition. SECTION 401. PRINCIPAL USES PERMITTED IN RESIDENTIAL DISTRICTS – Use Unit
5, located South of Southwest corner East Young Street & North Owasso
Avenue.
Presentation:
R.E. Walker, Pastor of Pilgrim Rest
Baptist Church, submitted a letter from the City of Tulsa Development Authority
to acknowledge that the construction of the plan submitted has been
accepted.
Comments
and Questions:
Mr. Dunham
asked if the City of Tulsa has sent anyone to determine if parking is adequate
for the church. He explained that the
concern is why the tie agreement was made, since two other lots have previously
been released. The Board reviewed the
size of the sanctuary and Landscape Plan.
Board
Action:
On MOTION of TURNBO, the Board voted 4-0-0 (Dunham, Turnbo, White, Cooper
"aye; no "nays"; no "abstentions"; Perkins
"absent") to APPROVE
the amendment of the tie agreement to release Lot 10, Block 3, Henry Addition.
Lots 9, 10, 11 and 14 - 18, Block 3,
Henry Addition, City of Tulsa, Tulsa County, State of Oklahoma
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Action Requested:
RECONSIDER a Variance of five-foot sideyard
requirement to four feet in an RS-3 district. SECTION 403. BULK AND AREA REQUIREMENTS IN THE
RESIDENTIAL DISTRICTS – Use Unit 6, located at 4619 East 37th Place.
Presentation
Jerry
Dixon, 4619 East 37th Place, stated that after he added on to
his house he was too close to the property line. He had previously obtained a building permit, approved by the
City of Tulsa, which specified the structure was exactly five feet from the
property. This was further established by White Survey, if the platted property
lines are accepted. A second survey
prompted by a neighbor's complaints revealed that he built four feet too close
to the property line.
Mr. Cooper
asked why a continuance was not requested earlier by the attorney representing
him. The attorney had agreed with Mr.
Cooper to request a continuance, but the applicant withdrew the request. He is now making the request again, for
reconsideration of this variance.
Mr. Allen Yerten, 47 South 105th
East Place, stated that this case has already been heard, and if it is granted,
it will cause a substantial detriment to the public good. Based upon the violations of the Code, the
applicant should not be forgiven.
Comments
and Questions:
Mr. Cooper stated
that the applicant was represented well the first time. There are no new facts
and no indication of why there would be new facts to cause the Board to
re-rule.
Board
Action:
On MOTION of TURNBO, the Board voted 2-1-1 (Dunham, Turnbo "aye";
Cooper "nay"; White "abstaining"; Perkins
"absent") to RECONSIDER
a Variance
of five-foot sideyard requirement to four feet in an RS-3 district. Motion
failed for lack of a majority of three.
Lot 16, Block 2, Max Campbell 4th
Addition, City of Tulsa, Tulsa County, State of Oklahoma and being located in a
RS-3 zoned district.
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Case
No. 18588
Action Requested:
Special
Exception to permit off-street parking in a RM-2 district and a variance of
required setback from centerline of Carson from 50' to 35'. This property is located at southeast corner
of East 15th Street & Carson
Presentation
Robert Nichols, 111 West 5th
Street, attorney representing this applicant.
Mr. Nichols submitted a photograph.
This particular lot has not been targeted to be developed for
residential use, as have several in the area.
Ms. Turnbo
asked where the auto access to this lot is located. Mr. Nichols stated off of Carson and the alley to the east of the
lot. Mr. Nichols was corrected that the
traffic would only come from the alley.
Ms. Turnbo asked about landscaping and a privacy fence on the south
side. Mr. Nichols stated they would have
no problem with a condition to build a similar privacy fence on the south side
and a hedge on Carson.
Interested
Parties:
Charlotte Hopkins, 1515 South Carson
Avenue, next door to the vacant lot.
She said there are nine small children who live within this block in an
old historical area. A parking lot
would not help property values, or the appearance of the neighborhood. Ms.
Hopkins submitted a petition of opposition from the neighborhood.
David Hopkins 1515 South Carson Avenue,
wanted confirmation that the Board has the petition. Mr. White stated that the petition contains twenty-one names in
opposition. Mr. Hopkins stated that
there are a number of children who ride bikes in the area, and additional
traffic would present a safety hazard.
Mr. White asked if Mr. Hopkins recognized that his home and the vacant
lot are zoned RM-2, and lots on east and north of the vacant lot are zoned for
OM. Mr. Hopkins replied that he was
aware, but the special exception should not be allowed to negatively impact the
neighborhood.
Jean Lemon, 1524 South Cheyenne, stated
that several neighbors have made offers to buy the property, or to take care of
the property for them, without a positive response.
Mr. White asked
what could be built there legally as it is zoned. Mr. Beach stated that a multi-story apartment building could be
built there, as high as 35', with two to three stories, with sufficient
parking.
Applicant's
Rebuttal:
Mr. Nichols
reminded the Board that this is an uptown neighborhood. The use of the lot is limited in size and is
impractical for multi-family housing.
He stated that the applicant would accept the approval of the special
exception with a denial of the variance and bring back a specific site plan,
which would provide buffering to Carson and residents to the south.
Comments
and Questions:
Ms. Turnbo,
stated that she was on the committee to update this district's Comprehensive
Plan several years ago. The
neighborhood is becoming much more vital and it is still zoned for mixed use. The infill study could use creative ways to
buffer this lot. Mr. Cooper stated his concern that this area will be in need
of more parking space as time goes on.
Board
Action:
The
MOTION of DUNHAM to APPROVE the Special
Exception to permit off-street parking in an RM-2 district and to DENY a Variance of required
setback from centerline of Carson from 50' to 35'. The motion was WITHDRAWN before a vote.
On MOTION of TURNBO, the
Board voted 3-1-0 (Turnbo, White, Cooper "aye"; Dunham
"nay"; no "abstentions"; Perkins "absent") to CONTINUE the application, with
the condition that the developers meet with the neighborhood and try to come up
with a solution that would buffer the neighborhood, and return to the Board
with a site plan, at the meeting on February 8, 2000.
The N 20' of Lot 10 & all of Lot 11,
Block 2, Stonebraker Heights Addition to the City of Tulsa, Tulsa County, State
of Oklahoma
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NEW
APPLICATIONS
Action Requested:
Special Exception
to permit a mobile home in an RS-3 district; Variance of time limitation to
permit a mobile home on a permanent basis; a Variance of 30' of frontage on a
public street; and a Variance to permit two dwelling units per lot of record. SECTION
401. PRINCIPAL USES PERMITTED IN
RESIDENTIAL DISTRICTS – Use Unit 9, located at 4643 N. Evanston Ave.
Presentation:
Larry Corbett, 4643 North Evanston
Avenue, stated that his daughter wants to move her mobile home onto the
property. The property was previously
used for a mobile home park, but all of the homes were removed. There are existing septic lines and there is
considerable distance between the selected site and the neighbors.
Interested
Parties:
Ron Fleming, 4731 North Evanston,
stated that his only interest is that it not become a trailer park again and
that the septic tank be checked, so that it does not drain onto his
property. He added that he has no
objection to bringing in one trailer for their relative to live there.
Roscoe Turner, District 3 Councilor,
requests a denial on this application, until the Councilors and the
manufactured housing association can come to some agreements that will help
everyone.
Applicant's
Rebuttal:
Mr. Corbett stated
that he was uncertain as to what Councilor Turner meant, but he just wants to
move his daughter's existing mobile onto his property.
Comments
and Questions:
Mr. White
stated he has a note that Councilor Williams of that district is in opposition
to the application. He added that this
is a remote area, at the end of a long
dead-end road, close to Bird Creek, and has an expressway at the back. Mr. Dunham stated that the property is large
enough for two dwelling units.
Mr. Cooper
stated it is becoming more of a gateway for the area and he can't tell how much
can be seen from the neighbors', so he is against it.
Mr. White
considered the location appropriate for the second mobile home because it is shielded
from the expressway by elevation and trees.
Board
Action:
The
MOTION of Cooper the Board voted 2-2-0 (Turnbo,
Cooper "aye"; White, Dunham "nay"; no
"abstentions"; Perkins "absent") to Deny the Special Exception and the three Variances
failed for a tie vote. Application was
denied.
Beg at the SW/c
NE SW SE thence N 264' NE to a point thence E 161.1' S 210.5' SW 262.4' Sly
188.6' W 381' to POB, Section 8, T-20-N, R-13-E, City of Tulsa, Tulsa County,
State of Oklahoma
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Case No. 18592
Action
Requested:
Variance of the
required number of parking spaces from 40 to eight and a Variance of the
required landscaping to none. SECTION
1226.D. USE UNIT 26.
MODERATE
MANUFACTURING AND INDUSTRY, Off-Street Parking and Loading Requirements – Use
Unit 26, located at 5519 East 15th Street.
Presentation:
Robert Dyer, 5805 East 15th
, states that the required number of parking spaces (40) is excessive for only
eight employees. The plant is a
concrete block loading yard, most of it paved, and the other part is covered
with crushed stone that has been compacted over the years. Any planting would have little or no chance
to exist. The front of property is
Burlington Northern right-of-way, and so cannot be landscaped.
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
the Variance
of the required number of parking spaces from 40 to eight and the Variance
of the required landscaping to none, on the condition that it be used for
concrete block manufacturing.
A tract of land
located in the W/2 of the SW/4 of the NE/4 and in the E 495’ of the SE/4 of the
NW/4, all in Section 10, T-19-N, R-13-E of the IBM, City of Tulsa, Tulsa
County, Oklahoma, all being more particularly described as follows, to
wit: Beginning at the point of
intersection of the N and S centerline of said Section 10-19-13, and the Wly
right-of-way line of the St. Louis – S.F. Railway (Howard Branch), said point
being 342.5’ S of the NW/c of the SW/4 of the NE/4 of said Wly right-of-way
line, a distance of 115.71’ to a point of curve for the right-of-way of the St.
Louis – S. F. Railway (Fairgrounds Spur); thence around the arc of a curve to
the right having a radius of 553.81’ and along the Wly right-of-way of said
Spur Track, a distance of 430.44’ to an intersection with said N and S
Centerline of said Section 10-19-13; thence continuing around the arc of the
said curve to the right having a radius of 553.81’ and along the NWly
right-of-way line of said Spur Track, a distance of 344.1’ to a point of
tangency, said point being 238.81’ W of said N and S Centerline of said Section
10-19-13, and 212.35’ N of the E and W Centerline of said Section 10-19-13;
thence in a SWly direction along a straight line, a distance of 287.02’ to a
point on the E line of Smithville addition to Tulsa, Oklahoma, said point being
82.94’ N of said E and W Centerline of said Section 10-19-13; thence N along
the E line of said Smithville Addition, a distance of 577.36’ to a point on the
N line of the SE/4 of the SE/4 of the NW/4 of said Section 10-19-13; thence N
along the E line of said Smithville Addition, a distance of 630’ to the N line
of the SE/4 of the NW/4 of said Section 10-19-13; thence E along a line
parallel to and 30’ S of the N line of said SE/4 of the NW/4 of said Section
10-19-13, a distance of 396.7’ to an intersection with the said Wly
right-of-way of the said St. Louis – S. F. Railway (Howard Branch); thence in a SEly direction along said
right-of-way a distance of 327.1’ to the POB and being located in an IM zoned
district.
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Case No. 18593
Action
Requested:
Variance of
minimum lot width from 60' to 58.33', 45.08', 42.84' and 57.69' for lot-split
purposes. SECTION 403. BULK AND AREA REQUIREMENTS IN THE
RESIDENTIAL DISTRICTS – Use Unit 6, located at 5700 S. Xenophon
Presentation:
Lahoma Bassett, a member of Real-Pro,
LLC, 4948 South Union and Paul Rongey
represented Dennis Hall. Mr. Rongey stated
that there are two existing foundations on the two middle lots. The reason for the lot-split is that the
property pins originally were improperly located. The footings were placed across two lots each. This request for variance is made to
accommodate these foundations. The
applicant is actually giving up one lot by taking five lots and making them
into four lots.
Comments
and Questions:
Ms. Turnbo
asked if these were originally forty-foot lots.
Interested
Parties:
Alyn Alsobrook, P.O. Box 9335, Tulsa,
OK, stated that he and his wife Kathy have questions regarding this case. The Board answered their questions. They had no protest.
Board
Action:
On MOTION of DUNHAM, the board voted 4-0-0 (White, Dunham, Turnbo, Cooper
"aye'; no "nays"; no "abstention"; Perkins
"absent") to APPROVE
the Variance
of the minimum lot width per plan submitted, the hardship being the unusual
size of the existing lots, and finding that the new lots would be larger than
the existing lots. Staff would remind
the applicant that all of the RS-3 yard requirements must be met with any new
construction.
Lots 12 - 16, Block 3, Woodview Heights
Amended, City of Tulsa, Tulsa County, State of Oklahoma
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Action
Requested:
Variance of sideyard on a corner lot from 15’ to 7.3'. Variance of 20' requirement to 12.7' for a
garage on the sideyard. SECTION 403
BULK AND AREA REQUIREMENTS IN THE RESIDENTIAL DISTRICTS – Use Unit 6,
located at 9007 E. 40th St.
Presentation:
Winifred Gail Cloud, 9007 East 40th
Street, stated that her house has been on the property for thirty-three
years. She is the third owner of the
property. She was recently informed
that the house extends into the easement.
She has had three surveys on the property, showing easements of three
feet, four feet and seven feet.
Comments
and Questions:
Mr. Beach asked
where the 12.7 feet are located. Mr.
Ackerman stated it is the difference of the 20' requirement and the 7.3'. Mr. Dunham did not think the second variance
request was necessary. Mr. Beach stated
that, so the record would be clear, if the Board is inclined to approve the
first variance, then the second one should be stricken and everything should be
covered.
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
the Variance
of the sideyard on the corner lot from 15' to 7.3', and STRIKE the Variance of 20' requirement to 12.7'
for a garage on a sideyard, and that the existing house with existing garage is
approved in its present location.
Lot 12, Block 1, Imperial Estates, City
of Tulsa, Tulsa County, State of Oklahoma
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Action
Requested:
Variance of the
required three-foot setback from property line to eight inches for existing
carport. SECTION 210.B.5. YARDS, Permitted Obstructions in Required Yards – Use Unit 6, located at 11124 E. 28th
Pl.
Presentation:
Jimmie Ozment, the applicant, 11124
East 28th Place, stated he had a carport installed in his backyard
to cover his boat from a large pecan tree and to keep the frontyard neat. He stated that there is no room to move the
carport over because of the pecan tree.
A privacy fence was built between his house and the next door neighbor.
Comments
and Questions:
Mr. Dunham
determined the location of the neighbors' property. Mr. Dunham asked Mr. Ozment if he had a permit to build the
carport. Mr. Ozment stated he did not
know he had to have a permit to build the carport. Mr. Dunham asked how long the carport has been in place. Mr. Ozment stated it has been there over
four years.
Interested
Parties:
Lou Duensing, 11118 East 28th
Place, and husband, Ted, appeared in protest.
She submitted pictures to the Board for exhibits. She stated that the carport was built not
over two years ago to her knowledge.
She added that his driveway is right on the property line between
them. The privacy fence needs to be
replaced, but they cannot get to it because of all the items Mr. Ozment has
stored there. She complained of loud
motorcycle noise around 3:00 to 4:00 a.m., near their bedroom window.
Ted Duensing, 11118 East 28th
Place, stated that the driveway could have been built with access to
Garnett. Mr. White replied that there
is not legal access from Garnett.
Marie Jones, 2813 South 112th
East Avenue, stated she protests because of the impact on the neighborhood,
with several cars, a motorcycle and a boat.
June Gordon, 2817 South 112th
East Avenue, stated her concern is that if this variance is approved, then
others in the neighborhood could do the same thing.
Mr. White
presented a letter in support of this case, from neighbors next door, the
Mansfields.
Applicant's Rebuttal:
Mr. Ozment
stated he has no reason to use his motorcycle at those hours of the morning,
but he does hook up his car and boat sometimes at 4:30 or 5:00 a.m. to go
fishing. Mr. Cooper asked him what the
hardship is for this variance. Mr.
Ozment replied that a large pecan tree is about four inches from the carport
and a little over eight inches from the privacy fence. Mr. Cooper asked if the variance is just for
the carport and the drive. Mr. Beach
stated that it is for the carport only and the driveway is not considered a
structure in this case. Mr. Dunham
asked if there was not a permit for the carport. Mr. Ozment stated he had no permit for the construction of the carport.
Board
Action:
On MOTION of DUNHAM the Board voted 4-0-0 (White, Dunham, Turnbo, Cooper
"aye"; no "nays", no "abstentions" Perkins
"absent") to DENY
the Variance of the required three-foot setback from
property line to eight inches for existing carport, finding the neighbors to be
concerned that it will cause substantial detriment to the public good or impair
the purposes, spirit, and intent of the Code, or the Comprehensive Plan and it
was built without a permit.
Lot 23, Block 11, Valley Glen, City of
Tulsa, Tulsa County, State of Oklahoma
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Case No. 18596
Action
Requested:
Variance of the
required 300' distance between a liquor store and pawn shop to 0'. SECTION
1214.C.3. USE UNIT 14. SHOPPING GOODS
AND SERVICES, Use Conditions – Use Unit 14, located on the NE/c E. Independence
& N. Peoria
Presentation:
Pattie
Robinson, 740 North Quaker, stated that the liquor store and pawn shop are
family-owned and operated. She has made
application for the variance for security purposes, stating that after 6:30
p.m. there is nothing open except the liquor store. If the pawn shop is next door she would keep both businesses open
the same hours.
Comments
and Questions:
Mr. White asked staff to explain the
spacing regulation in the Zoning Code.
Mr. Beach replied that the intent was from a perception that the
patronage of certain types of businesses might be undesirable. The spacing was to prevent clustering of the
patronage at these businesses. Mr.
Dunham stated that they are family-owned and there are no protestors. Mr. Ackerman asked staff if this spacing
requirement was placed in the ordinance last year. It was confirmed that the space requirement was added in February
1998.
Board
Action:
On MOTION
of DUNHAM, the Board voted 3-1-0
(White, Dunham, Turnbo, "aye", Cooper "nay"; no "abstentions";
Perkins "absent") to APPROVE
the Variance
of the required 300' distance between a liquor store and pawn shop to 0',
finding the hardship to be security issues and these are one-family-owned
businesses in one building.
Lots 13 through 16, Block 5, Capitol
Hill Addition, City of Tulsa, Tulsa County, State of Oklahoma and being located
in a CH-zoned district
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Action
Requested:
Special Exception to allow a Use Unit 12A
within 150' of an R zoned district. SECTION 701. PRINCIPAL USES PERMITTED IN
COMMERCIAL DISTRICTS – Use Unit 12A, a Variance of off-street parking
requirement of 54 spaces to 0. SECTION 1212.A.D. USE UNIT 12. EATING
ESTABLISHMENTS OTHER THAN DRIVE-INS, Description, and a Variance of spacing
requirement of 300' from another Adult Entertainment Establishment down to
150'. SECTION 1212.A.C.3.c. USE UNIT 12.
EATING ESTABLISHMENTS OTHER THAN DRIVE-INS, Description, located at 1209
N. Sheridan
Presentation:
Martin
Gayton, 11410 East 61st Place, Broken Arrow, stated he did not
understand the need for this action.
Comments
and Questions:
Mr. Dunham explained that there is a
spacing requirement for a certain distance between bars. He stated that in the last six to eight
months another bar just south of this one came before this Board for
approval. It was determined at that
time that the bar in this case has never been permitted. The Board continued the other case to find
out if there is a permit on this bar, and found out there was no record of
permit. Mr. Dunham stated that the
other bar has been there since before the permitting and spacing requirements
were necessary. The bar in this case
should have come before the Board when it was put in eleven or twelve years
ago.
Interested
Parties:
B.J.
Myers, owner of the property, stated that she was unaware of the lack of a
permit for this business.
Mr. Dunham asked what variances are
needed. Mr. Beach stated that Mr.
Gayton applied for a zoning clearance permit.
There were several deficiencies identified. One problem is that he has to provide one off-street parking
space for every 75 square feet of floor area, and he did not provide adequate
information to determine the parking requirement. Mr. Beach explained that the reason the request is for zero
parking spaces is because the bar is located in a strip-shopping center. The center has thirty-eight spaces and the
requirement for this bar is fifty-four spaces.
There is not adequate parking space for the bar.
Ms. Myers added that they also own two
parcels contiguous with the shopping center to the south all the way to the
other bar.
Mr.
Howell Joiner, 7015 East Haskell Street, coordinator McKinley/Mitchell
Neighborhood Watch Group, appeared on behalf of the group to protest the
variance request. Their concern is that
parking will overflow in the
neighborhood, parking on the streets
and obstructing driveways. He stated that
they have observed the problems created by a similar situation with another bar
that were detrimental to the neighborhood.
Mr. Joiner stated that the bar has been closed and vacant. His position as coordinator of the group is
that if the bar is going to operate that it should have to be within the 300'
guideline without any variances and they would have to maintain adequate
off-street parking spaces.
Bob
Painter, 1151 North 66th East Avenue, a neighbor behind the
center and next to the city park. He
indicated that there are children who stay out in the park until late at night
and make a lot of noise. He stated that
he did not think that the location of the bar was compatible with this
neighborhood activity. He owns three of
the eight houses behind the bar. He
added that five of them have been broken into in the last ten years and two of
them involved patrons of the bar just south of the one in this case. Sheridan is a main thoroughfare used by
people from out of town, and he stated he would like to see it developed
better.
Jean
Painter offered a statement regarding a wreck caused by a drunk driver that
hit a parked car.
Ed
Cathcart, 6947 East Newton Place, stated he has experienced several threats
of bodily harm, and removed men who were patrons of the bars from schoolyards.
Karen
Campbell, 6214 East Latimer Street, homeowner since 1976 in the
neighborhood. She has children who go
to school nearby. She indicated that
many of the neighbors would like to see the area grow and thrive. They are seeing the opposite effects with the
bars opening there.
Beverly
Schultz, 6627 East Newton Place; (name
inaudible), 6615 East Newton Place; and District Councilor, Roscoe Turner spoke their opposition and
agreement with reasons given above and requested to uphold the requirements of
the zoning ordinance.
Applicant's
Rebuttal:
Ms. Myers submitted photos to show the
distance between the two bars. She
stated that a one-time promotional event on one of the properties may have
flooded the neighborhood with cars. Ms.
Myers stated that her understanding is that patrons cannot carry bottles out of
the bar, so the source of such trash in neighbors yards is not necessarily from
the bars. Concerning the park, she
informed the Board that she owns the property behind the center the full length
of the center, and there is a road between it and the park.
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 the Special Exception to allow a Use
Unit 12A within a 150' of an R-zone district; to Deny the Variance of off-street parking
requirement of 54 spaces to 0; and to Deny
a Variance
of spacing requirement of 300' from another AEE, down to 150', finding it
would be injurious to the neighborhood.
W 165' S 264'of Lot 2, Block 1,
Aviation View, City of Tulsa, Tulsa County, State of Oklahoma
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Variance of the provisions of Section 804
of the Tulsa Zoning Code requiring that corridor development access shall be
principally from internal collector service streets. SECTION 804. ACCESS REQUIREMENTS, located at South side
of East 81st Street East of South Mingo Road.
Presentation:
Charles Norman, stated this application covers the north half of a
small airport. All of the property in
this area, except the college to the east, is in the corridor zoning district
and there is a single-family subdivision to the south. There is a case pending that will be heard
by the Planning Commission tomorrow regarding this tract for CO zoning and for
a corridor district site plan. There
has not been an established internal collector street in the northwest corridor
of the section, and there is no possibility of that occurring. There will be no public thoroughfare or
collector street through the college campus or the commercial property on the
west. There is no physical possibility
of establishing an internal collector street through the ten acres in the
northwest corridor. The planning
commission staff is recommending approval of the corridor district site plan
and CO zoning, subject to this Board's approval of the variance for the
requirement of access principally from an internal collector street.
Comments
and Questions:
Mr. Cooper asked what will prevent five
means of ingress and egress onto 81st. Mr. Norman replied that the corridor site plan and the plat
process has a central entrance for all of the lots, and staff has recommended
not more than three points of access.
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 the VARIANCE of the provisions of
Section 804 of the Tulsa Zoning Code requiring that corridor development access
shall be principally from internal collector service streets, finding the
hardship to be the core section has already been developed and the internal
collector street will not be possible.
The E 20 acres of Government Lot 1 in
Section 18, T-18-N, R-14-E of the IBM, City of Tulsa, Tulsa County, Oklahoma,
less and except the following tract of land, to wit: Commencing at the NW/c of said Section 18, thence S 89°37’36” E along the
Nly line of Section 18, and along the Nly line of Government Lot 1 for 1214.34’
to the NE/c of said Lot 1; thence S 00°02’25” E along the Ely line of Government Lot 1 for 659.77’
to the POB of said tract of land; thence continuing S 00°02’25” E along the
Ely line of Lot 1 for 659.91’ to the SE/c of Lot 1 and also the NE/c of South
Towne Square Addition; thence N 89°39’05” W along the Sly line of said Lot 1 and also along the
Nly line of South Towne Square for 659.53’ to the NW/c of Lot 14 in Block 1 of
South Towne Square;
thence due N along the Ely line of Lot
13 in Block 1 of South Towne Square and an extension of said Ely line parallel
with and 555.72’ Ely of as measured perpendicularly to the Wly line of said Lot
1, for 340’; thence S 89°39’05” E parallel with the Sly line of Lot 1 for 10’;
perpendicularly to the Wly line of Lot 1, for 319.91’; thence S 89°39’05” E parallel
with the Sly line of Lot 1 for 649.06’ to the POB of said tract of land
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Special Exception to allow tent sales
for maximum allowable time, 179 days per calendar year. SECTION 1202.A. USE
UNIT 2. AREA-WIDE SPECIAL EXCEPTION
USES, Description – Use Unit 2, and Special Exception to allow gravel parking.
SECTION 1202.C. USE UNIT 2. AREA-WIDE
SPECIAL EXCEPTION USES, Use Conditions, located at NW/c of E. 11th
St. and 193rd E. Ave.
Presentation:
Alan
and Holly Rosser, 2301 East Reno, Broken Arrow, appeared to request use of
property for tent sales for the maximum number of days per calendar year. They have a contract with the owners on that
corner. Ms. Turnbo asked if they want
the Special Exception to allow gravel parking.
Mr. Dunham stated that for a tent there has to be a setback of fifty
feet from the right-of-way. Ms. Rosser
stated it is seventy-five feet. She
mentioned that there is an asphalt driveway for trucks to do turnarounds. Mr. White asked if the tent is erected there
now. She answered affirmatively. Mr. White said that technically the tent is
on highway right-of-way, which is illegal.
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 allow tent sales
for maximum allowable time, 179 days per calendar year, and Special Exception
to allow gravel parking, with
understanding that tent will need to be moved to comply with requirements,
finding that it will be in harmony with the spirit and intent of the Code, and
will not be injurious to the neighborhood or otherwise detrimental to the
public welfare.
Lots 5-7, Block 3, Indian Hills, City
of Tulsa, Tulsa County, Oklahoma and being located in a CS zoned district.
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Requests the removal of the
previously-approved condition (BOA-11752 on 1-07-82) of “owner only” to permit
the sale of autos and mobile homes in a CS district. SECTION 701 PRINCIPAL USES
PERMITTED IN COMMERCIAL DISTRICTS – Use Unit 17, located on the SW/c of E. 11th
St. and 145th E. Ave.
Presentation:
Mr.
William LaFortune, 2900 Mid-Continent Tower, represented Andy Flynn, who
has owned the property for over seventeen years. Applicant is in agreement with the staff comments. He stated that the relief requested is
simply asking the Board to lift the condition of "owner only" as it
relates to a Special Exception in 1982 that allows auto and mobile home sales
on this property.
Interested
Parties:
James
Mautino, 14628 East 12th Street, on the Board of Tower Heights
Neighborhood Association representing the residents in the area to protest the
removal of "owner only" condition, and to change the zoning to
CS.
Mr. White stated that the original
exception was granted, and cannot be reversed.
However, conditions can be imposed on the special exception by the Board
today, should the "owner only" be removed.
Mr. Prather stated that the "owner
only" can be stricken and still allow the sale of autos and mobile homes
in the CS district, because it was the only special exception granted.
Randy
McPherson, 14326 East 11th Street, is opposed to the high noise
levels from automotive repair equipment, such as impact wrenches; and
black-topping that will cause increased water drainage into his yard.
Eck
Ruddick, 14673 East 11th Street, representing the neighborhood
association, opposes the Use Unit 17 that would allow the selling of autos and
mobile homes in the area.
Mr. Cooper asked Mr. Prather to explain
what was the basis for the previous Board's decision. Mr. Prather stated that it was a common practice to add the
"owner only" condition. He
stated that he would have to look into it and come back before the Board with
further information on it.
Applicant's
Rebuttal:
Mr. LaFortune stated that lifting of
the "owner only" condition will not change or expand the use, as has
been stated.
Comments
and Questions:
Mr. Cooper asked if this was considered
a variance or a special exception. Mr.
White responded that it is only regarding the condition. Mr. Prather stated that the condition runs
with the land, not the owner. The way
it was advertised to remove the condition is the only thing that the Board can
decide on today.
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 the request for removal of the previously-approved
condition (BOA-11752 on 1-07-82) of "owner only" to permit the sale
of autos and mobile homes in a CS district.
The S 150’ of Lot 1 and all of Lot 2,
Block 1, less and except the E 31.4’ of the N 150’ thereof, Maudlin
Re-subdivision of Block 1 and Lots One, Two and Seven of Block Two, Eleventh
Street Acres, City of Tulsa, Tulsa County, Oklahoma
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Variance of the allowable height for a
fence from four feet in front to 4'6" on brick wall. SECTION 210.B. YARDS,
Permitted Obstructions in Required Yards – Use Unit 6, located at 3124 S. 137th
E. Ave.
Presentation:
Mr. Beach stated that the request is
not specific enough to allow the Board to make a decision. Staff cannot determine if the fence would be
4'-6' from the ground or from the top of the brick wall, not how high the brick
wall is.
Board
Action:
On MOTION of TURNBO, the Board voted
4-0-0 (White, Dunham, Turnbo, Cooper "aye"; no "nays"; no
"abstentions"; Perkins "absent") to CONTINUE this case to the
01-11-00 meeting, requesting that the applicant bring photos and exact
measurements of what is being requested.
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Special Exception to allow a church and
related church uses in an AG-zoned district. SECTION 301. PRINCIPAL USES PERMITTED IN THE AGRICULTURE
DISTRICT – Use Unit 5, located W of NW/c of E. 21st St. and S. Lynn
Lane
Presentation:
Stephen
Carr, representing the church who has made application for special
exception. He indicated the church has
submitted a site plan for the proposed development of the property in three
phases. The sanctuary would be the
first phase; the parsonage would be second and a multi-purpose building would
be the third phase.
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 the Special Exception to permit a church
in a RS-3-zoned district, finding that it will be in harmony with the spirit
and intent of the Code, and will not be injurious to the neighborhood or
otherwise detrimental to the public welfare.
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Variance of the required number of
parking spaces from ten to five for a credit union. SECTION 1211.D. USE UNIT
11. OFFICES, STUDIOS, AND SUPPORT
SERVICES, Off-Street Parking and Loading Requirements – Use Unit 11, located on
the NE/c E. 11th St. & S. Troost.
Presentation:
John
Moody, 7146 South Canton, representing the Hillcrest Federal Employees
Credit Union requests the variances based on low number of employees and
customers in the facility per every hour of the day, and the approval of the
City Traffic Engineer for use of the alleyway for parking, because of its
width.
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 the Variance of the required number of parking
spaces from ten to five for a credit union, and Variance to permit access
to parking spaces via public alleyway, finding the hardship that it is an old
CH building, and adequate parking is provided.
Lots 21 & 22, Block 9, Park Dale
Addition, City of Tulsa, Tulsa County, Oklahoma and being located in a CH zoned
district.
*.*.*.*.*.*.*.*.*.*.
Case No. 18607
Action
Requested:
Minor amendment to a previously
approved site plan. SECTION 401. PRINCIPAL USES PERMITTED IN RESIDENTIAL
DISTRICTS, located at 8707 East 51st Street..
Presentation:
Rev.
Danny Dyer, pastor of Regency Park Church of the Nazarene, 8707 East 51st
Street, presented the case. They do not
have adequate parking on Sundays and it spills over into the neighborhood. To prevent that, they would like to proceed
with a plan that was designed several years ago. The church owns four dwellings just north of the church. One house was damaged by a tree that fell on
it. They would like to tear the house
down and extend the parking lot.
Interested
Parties:
John
H. Miller, 8730 East 50th Street, stated that his property joins
the church's rental houses, located on the corner. He is opposed to a parking lot, which could cause excessive water
flow onto personal property. The lot attracts
kids at night and increases the noise level.
Mitchell
O'Donnell, attorney in the Petroleum Club Building, representing the
Regency Park Homeowners' Association.
They object to the variance because a parking lot degrades the
neighborhood to some degree. The four
lots were to be used for residential property, as stated in the deed of
dedication and provided for by the restrictive covenants.
Margo
Henthorne, 1529 South 94th East Avenue, stated her concern is
that the parking lot will lessen the value of the homes in the vicinity.
Vickie
Morris, P.O. Box 54139, opposed the destruction of the homes for parking
lots, because previously Mr. Moody and Pastor Bolerjack of the church met with
the homeowners. They assured the homeowners
that the four houses would stay the same, and not be torn down.
Sue
Miller, 8730 East 50th Street, opposes the variance to the plan.
Applicant's
Rebuttal:
Rev. Dyer stated that there are no
basketball goals or anything to attract kids to the parking lot. The new
parking spaces will be an extension of the existing lot, and will improve
traffic flow by providing parking spaces rather than parking on the streets.
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 the
Minor Amendment to a
previously-approved site plan, finding it meets the spirit and intent of the
Code, and will not be injurious to the neighborhood or otherwise detrimental to
the public welfare.
Legal
Description: Lots 15-19, Block 1, Regency Park West, City of Tulsa, Tulsa
County, Oklahoma
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Variance
of the required landscape width for the east 105’ of the East 73rd
Street frontage to less than 5’ in width. SECTION 1002.A.2. LANDSCAPE
REQUIREMENTS, Frontage and Perimeter Requirements, and Variance of the required
off-street parking spaces from 137 to 112 spaces (U.U. 19) or from 132 to 115
(U.U. 13 and 14). SECTION 1213. USE
UNIT 13. CONVENIENCE GOODS AND
SERVICES; SECTION 1214. USE UNIT
14. SHOPPING GOODS AND SERVICES; and
SECTION 1219. USE UNIT 19. HOTEL, MOTEL AND RECREATION FACILITIES – Use
Unit 13 & 14, located on the SE/c of E. 73rd St. and Memorial
Dr.
Presentation:
Charles
Norman stated that this case involves a building at 73rd and
Memorial that was constructed in 1976 or 1977, for sales of carpet and
furnishings, then by furniture stores requiring less parking than general
commercial use. The building is vacant
on an expensive and desirable corner with inadequate parking for other types of
use. The Family Fun House would like to
relocate to this location and increase the parking, but would still be short of
space by two parking spaces. A site
plan has been submitted for the indoor use that has 4800 square feet of storage
and repair space. If that space was
deleted from the total space within the building, then the parking space would
fall within two spaces of the new use or for general commercial use.
Comments
and Questions:
Mr. Cooper commented that if the
requirements for parking space goes with the land, that leaves it open for more
dense uses. Mr. Norman reminded the
Board that retail parking needs would be less than what the Fun House will
require, should the business on the property change.
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 the Variance of the required landscape
width for the east 105’ of the East 73rd Street frontage to less
than five feet in width, and the Variance of the required off-street
parking spaces from 137 to 115 spaces for U.U. 19 and from 132 to 115 (U.U. 13
and 14), on the condition that the two storage areas shown on the building plan
remain as non-retail space.
Lot 1, Block 2, El Paseo, City of Tulsa, Tulsa County, Oklahoma
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Special Exception to allow a community center (after-school
day-care facility for children ages 6-15). SECTION 401. PRINCIPAL USES PERMITTED IN RESIDENTIAL
DISTRICTS – Use Unit 5; Variance of the required parking spaces from 3 to 2;
Variance of minimum frontage requirement from 100’ to 60’. SECTION 403. BULK AND AREA REQUIREMENTS IN THE
RESIDENTIAL DISTRICTS; Variance of minimum lot area from 12,000 SF to 7,200 SF.
SECTION 403. BULK AND AREA REQUIREMENTS
IN THE RESIDENTIAL DISTRICTS; Variance of minimum setback from other R zoned
properties. This property is located at
5627 North Garrison Avenue.
Presentation:
Valerie
Tillis, 5627 North Garrison Avenue, appeared to present this case. Her son was murdered, and he was raised in
this house. She desires to give back to
the community by using the house to provide children in the area a safe place
with supervision and activities after school.
Ms. Turnbo asked for the square footage of the house. She also asked for clarification of how many
workers will be there at all times. Ms.
Tillis stated that there will probably be four workers there at all times, and
she would be checking in. Ms. Turnbo
asked where people would park. Ms.
Tillis stated that she received a grant from UPS to have the side of the
driveway paved and wants to construct a circle drive in the frontyard. This would provide three accessible parking
spaces.
Interested
Parties:
John
Moore, 8730 East 50th Street North, where he has resided for
twenty-three years. He felt the need to
disagree with the request for special exception. He stated that the children it would draw would be the ones who
cause problems in the neighborhood. He
has experienced property damage to his fence and truck because of children who
do not live there going through the neighborhood. The children have teased his dogs so badly that the dogs bit a
neighbor. He stated that he does not
want strangers parking up against his fence, but he would not object to his
neighbor building a privacy fence.
Applicant's
Rebuttal:
Ms. Tillis stated that children who
would come to her facility would be those that live nearby. Only children whose parents made
arrangements for their care would be at the facility. She included that they
already planned to build a privacy fence.
Comments
and Questions:
Mr. Dunham stated that it is a great
idea, but the number of variances it would require makes it inappropriate in
the neighborhood.
Board
Action:
On MOTION
of Dunham, the Board voted 3-0-0
(White, Dunham, Turnbo, "aye"; no "nays"; no
"abstentions"; Cooper, Perkins "absent") to DENY the Special Exception to
allow a community center (after-school day-care facility for children ages
6-15); Variance of the required parking spaces from three to two; Variance
of minimum frontage requirement from 100’ to 60’; Variance of minimum lot
area from 12,000 SF to 7,200 SF; and
the Variance
of minimum setback from other R-zoned properties, finding that the small size
of the property and the number of variances needed would not be in harmony with
the spirit and intent of the Code, and will be injurious to the neighborhood or
otherwise detrimental to the public welfare.
Lot 23, Block 12, Suburban Hills
Addition, City of Tulsa, Tulsa County, Oklahoma
*.*.*.*.*.*.*.*.*.*.
Action
Requested:
Special Exception to permit limestone
mining in an AG and IM district. SECTION 901.
PRINCIPAL USES PERMITTED IN INDUSTRIAL DISTRICTS and SECTION 301. PRINCIPAL USES PERMITTED IN THE AGRICULTURE
DISTRICT – Use Unit 24, located N of E. 46th St. N. and 129th
E. Ave
Presentation:
John Ringwald, 3605 North 129th
East Avenue, appeared before the Board for APAC.
Board
Action:
On MOTION
of DUNHAM, the Board voted 3-0-0
(White, Dunham, Turnbo, "aye"; no "nays"; no
"abstentions"; Cooper, Perkins "absent") to APPROVE the Special Exception to
permit limestone mining in an AG and IM district, finding it will not cause
substantial detriment to the public good or impair the purposes, spirit, and
intent of the Code, or the Comprehensive Plan.
SE/4 SE/4 Section 8, T-20-N, R-14-E;
and the SW/4 SW/4 and W/2 SE/4 SW/4 and SE/4 SE/4 SW/4 all in Section 9,
T-20-N, R-14-E, City of Tulsa, Tulsa County, Oklahoma
*.*.*.*.*.*.*.*.*.*.
There being no
further business, the meeting was adjourned at 5:42 p.m.
Date
approved:______________________
__________________________________
Chair
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