Board of Adjustment

The City of OKLAHOMA CITY BOARD OF ADJUSTMENT AGENDA 1:30 PM/December 01, 2022 200 N. Walker Avenue, 3rd Floor, Council Chamber Mike Voorhees, Chairman Kitti Asberry Don Noble Roberto Seda Vacant The following guidelines are in place for meetings in the Council Chamber at City Hall: only the south entrance to City Hall will be open; air purifying machines have been installed in the Chamber; hand sanitizer machines and disposable face masks will be available. It is the policy of the City to ensure that communications with participants and members of the public with disabilities are as effective as communications with others. Anyone with a disability who requires an accommodation, a modification of policies or procedures, or an auxiliary aid or service in order to participate in this meeting should contact the Planning Department at 405­297­2289 or TDD 405­297­2020 as soon as possible but not later than 48 hours (not including weekends or holidays) before the scheduled meeting. The Planning Department will give primary consideration to the choice of auxiliary aid or service requested by the individual with disability. If you need an alternate format of the agenda or any information provided at said meeting, please call the Planning Department number listed above 48 hours prior to the scheduled meeting. INFORMATION ABOUT BOARD OF ADJUSTMENT MEETINGS The Board of Adjustment meets on the first and third Thursdays of each month at 1:30 pm in the Council Chamber, Third Floor, Municipal Building, 200 North Walker Avenue. A schedule of meetings is available in the Planning Departments. Free parking is available at the Sheridan​/Walker Parking Garage (501 West Sheridan). Parking tickets must be validated in the Mayor's/City Manager's reception area. PUBLIC HEARING ITEMS The Oklahoma City Municipal Code charges the Board of Adjustment with the authority to hear several different types of requests which are as follows: Special Exception. This request permits consideration of a specific land use as enumerated in the Zoning Code after a review and approval by the Board and after meeting all required conditions. requested by the individual with disability. If you need an alternate format of the agenda or any information provided at said meeting, please call the Planning Department number listed above 48 hours prior to the scheduled meeting. INFORMATION ABOUT BOARD OF ADJUSTMENT MEETINGS The Board of Adjustment meets on the first and third Thursdays of each month at 1:30 pm in the Council Chamber, Third Floor, Municipal Building, 200 North Walker Avenue. A schedule of meetings is available in the Planning Departments. Free parking is available at the Sheridan​/Walker Parking Garage (501 West Sheridan). Parking tickets must be validated in the Mayor's/City Manager's reception area. PUBLIC HEARING ITEMS The Oklahoma City Municipal Code charges the Board of Adjustment with the authority to hear several different types of requests which are as follows: Special Exception. This request permits consideration of a specific land use as enumerated in the Zoning Code after a review and approval by the Board and after meeting all required conditions. Variance. In any specific case where the literal enforcement of the Zoning Code regulations would cause an unnecessary or unusual hardship, upon application, the Board may vary or modify that regulation. Appeal from the decision of the Director. The Director, or his/her designee, is responsible for the enforcement of the development regulation of the Zoning Code. Any decision of the Director may be appealed to the Board by persons affected by the decision. ADDRESSING THE BOARD OF ADJUSTMENT The applicant will be requested to present their case first. Following the applicant's presentation, the public will be called upon to present testimony, for or against, the stated request. Each person who speaks should first state their name and address. Each person shall be given the opportunity to present their case once, as succinctly as possible. All parties should limit their remarks to five (5) minutes. Large groups who want to address the Board should choose one spokesperson. After protestant's remarks, the applicant will be entitled to one brief rebuttal. Citizens may address the Board on certain items by signing up to speak and providing the agenda item number and reason for appearing, but all comments must be relevant to the item. The Chairman or presiding officer may in his or her discretion prohibit a person from addressing the Board, or have any person removed from the Council Chamber, if that person commits any disorderly or disruptive behavior, which includes without limitation any of the following: speaking without being recognized by the Chairman or presiding officer; continuing to speak after notice that the speaker’s allotted time has expired; presenting comments or material not relevant to the item under discussion; failing to comply with the lawful instructions of the Chairman or presiding officer; engaging in other conduct, activity or speech that delays, disrupts or interferes with the effective or timely conduct of the meeting, or is otherwise violent, threatening, abusive or obscene or jeopardizing the safety of self or others. A person may also be subject to arrest and removal from the Municipal Building if he or she violates Oklahoma City Municipal Code 2020, § 30­81 – Disorderly conduct and/or violation of Oklahoma Statute Title 21, §280­ Willfully Disturbing, Interfering With or Disrupting State Business, Agency Operations or Employees. BOARD ACTION Official action can only be taken on items which appear on the agenda. After the case has been fully presented, the Board will vote to approve, approve conditionally, defer or deny the request. The Board may also adopt, ratify, recommend, strike, amend or continue any agenda item. When more information is needed to act on an item, the Board may refer a matter to assigned staff, or to the assigned Assistant Municipal Counselor. The Board may also refer items to standing committees of the Board, or in the case of an appeal, remand a matter to a board or commission for additional study. Under certain circumstances, items may be deferred to a specific later date or stricken from the agenda entirely. A concurring vote of three members is required to approve, approve conditionally, defer, deny, adopt, ratify, recommend, strike, amend or continue any agenda item. If the request is approved, you may seek a building permit, if applicable, to use the property in accordance with the Board's approved action. If denied, you may: (1) Appeal the decision of the Board to the District Court of Oklahoma County (any person or persons, jointly or severally, or any taxpayer, or any officer, department, board or bureau of the municipality may appeal any decision of the Board to District Court of Oklahoma County pursuant to the requirements set forth in Section 59­ 4250.10.F of the Oklahoma City Municipal Code, 2020), or (2) Re­apply after a minimum of six months, providing the request is different, or the physical facts in the area have changed. If an appeal is filed with the District Court of Oklahoma County, the Board may enter into a settlement of the case. Should the Board of Adjustment's decision regarding an application be appealed to the District Court, all interested and affected persons that were originally notified and persons who made an official appearance before the Board will be notified by regular mail to inform them of the appeal. For more information about the Board of Adjustment, call 405­297­2289 (TDD 297­2020). Oklahoma City Board of Adjustment of the appeal. For more information about the Board of Adjustment, call 405­297­2289 (TDD 297­2020). Oklahoma City Board of Adjustment December 01, 2022 COUNCIL CHAMBER (1:30 PM) 200 North Walker Avenue ­ Third Floor Oklahoma City, Oklahoma 73102 I. CALL TO ORDER II. RECEIVE THE MINUTES OF THE MEETING A. Receive the minutes of the October 20, 2022, meeting. B. November 3, 2022 – Meeting canceled III. CONTINUANCE REQUESTS / WITHDRAWALS A. Requests by Staff or Applicants B. Requests by Public IV. PUBLIC HEARINGS A. Consent Docket B. Items Requiring Separate Vote 1. Case No. 15149: Request of Julie Miller on behalf of Tin Rock Holdings, LLC, for a variance to the parking, and landscape regulations in the I­2 Moderate Industrial District located at 1008 West Main Street. 2. Case No. 15168: Request of Ted Whitnah on behalf of 2nd Round W Properties, LLC, for a variance to the Architectural Regulations in the C­3 Community Commercial District located at 5801 South Western Avenue. 3. Case No. 15169: Request of Glen Mead, for a variance to the accessory building regulations in the PUD­949 Planned Unit Development District located at 6415 Southeast 161st Court. 4. Case No. 15186: Request of Hollie Hunt with Sam Gresham Architecture, on behalf of Spin City Laundry Company, LLC, for a variance to the Architectural Regulations in the C­3 Community Commercial District located at 4702 Northwest 23rd Street.  4. Case No. 15186: Request of Hollie Hunt with Sam Gresham Architecture, on behalf of Spin City Laundry Company, LLC, for a variance to the Architectural Regulations in the C­3 Community Commercial District located at 4702 Northwest 23rd Street. 5. Case No.15139: Application for a Special Exception of Sam Gresham, to allow Multiple­Family Residential Use in the HP Historic Preservation District, located at 825 Northwest 22nd Street. 6. Case No.15154: Application for a Special Exception of Valerie Klein, to allow a mobile home to serve as a temporary second dwelling to relieve a medical hardship in the AA Agriculture District, located at 11509 Southeast 104th Street. 7. Case No. 15187: Application by Troy Williams of Branch Tower III, on behalf of the Oklahoma State Fair, Inc., for a Special Exception to permit a new telecommunication tower located in the I­2 Moderate Industrial District, located at 830 Gordon Cooper Boulevard. 8. Case No. 15140: Application for a Special Exception of DeWayne Walker, to allow Lodging Accommodations: Home Sharing (short term rental) in the PUD­1350 Planned Unit Development District, located at 3613 Northover Ridge Drive. 9. Case No. 15141: Application for a Special Exception of Bouapha Walz, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­1 Single Family Residential District, located at 3517 North Kentucky Avenue. 10. Case No. 15142: Application for a Special Exception of Anthony Greene, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­1 Single Family Residential District, located at 3316 Preston Drive. 11. Case No. 15143: Application for a Special Exception of Duy Nguyen, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­1 Single Family Residential District, located at 2934 NW 20th Street. 12. Case No. 15144: Application for a Special Exception of Duy Nguyen, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­4 General Residential District, located at 120 Northwest 31st Street. 13. Case No. 15152: Application for a Special Exception of Duy Nguyen, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­1 Single Family Residential District, located at 4414 North Terry Avenue. 14. Case No. 15145: Application for a Special Exception of Kathy Kim, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­2 Medium Low Density Residential District, located at 529 Northwest 137th Street. 15. Case No. 15146: Application for a Special Exception of LaDarion 14. Case No. 15145: Application for a Special Exception of Kathy Kim, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­2 Medium Low Density Residential District, located at 529 Northwest 137th Street. 15. Case No. 15146: Application for a Special Exception of LaDarion Norton, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­1 Single Family Residential District, located at 724 Northwest 139th Street. 16. Case No. 15151: Application for a Special Exception of LaDarion Norton, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­2 Medium Low Density Residential District, located at 512 Northwest 138th Street. 17. Case No. 15147: Application for a Special Exception of Timothy Cassil, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­2 Medium Low Density Residential District, located at 2354 West Park Place. 18. Case No. 15148: Application for a Special Exception of Tran Parris, to allow Lodging Accommodations: Home Sharing (short term rental) in the PUD­47 Planned Unit Development District, located at 6424 Masons Drive. 19. Case No. 15150: Application for a Special Exception of Michael Gulliver, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­1 Single Family Residential District, located at 3208 Northwest 25th Street. 20. Case No. 15153: Application for a Special Exception of John Layden, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­2 Medium Low Density Residential District, located at 8600 South Brookline Place. 21. Case No. 15155: Application for a Special Exception of Luke Richardson, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­2 Medium Low Density Residential District, located at 1122 Northwest 27th Street. 22. Case No. 15156: Application for a Special Exception of Luke Richardson, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­1 Single Family Residential District, located at 1116 Northwest 43rd Street. 23. Case No. 15167: Application for a Special Exception of Britton Mitchell and High Impact Investments, LLC, on behalf of Estrada Bluejacket, LLC, to allow Lodging Accommodations: Home Sharing (short term rental) in the PUD­1677 Planned Unit Development District, located at 13509 Bluejacket Drive 24. Case No. 15158: Application for a Special Exception of Nathan Cruz, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­1 Single Family Residential District, located at 13128 Green Valley Drive 24. Case No. 15158: Application for a Special Exception of Nathan Cruz, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­1 Single Family Residential District, located at 13128 Green Valley Drive 25. Case No. 15159: Application for a Special Exception of Nathan Cruz, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­1 Single Family Residential District, located at 4045 Thunderbird Drive. 26. Case No. 15160: Application for a Special Exception of Benjamin Sherman on behalf of Pathway Strategies, LLC, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­1 Single Family Residential District, located at 5217 Foster Drive. 27. Case No. 15161: Application for a Special Exception of Tri Luu, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­1 Single Family Residential District, located at 2939 Northwest 29th Street. 28. Case No. 15162: Application for a Special Exception of Tri Luu, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­1 Single Family Residential District, located at 2500 Cashion Place. 29. Case No. 15163: Application for a Special Exception of Jennifer White, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­1 Single Family Residential District, located at 6613 Parkwood Lane. 30. Case No. 15164: Application for a Special Exception of Britton Mitchell and High Impact Investments, LLC, on behalf of John Read with Paseo Twelve, LLC, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­2 Medium Low Density Residential District, located at 3111 North Shartel Avenue. 31. Case No. 15165: Application for a Special Exception of Britton Mitchell and High Impact Investments, LLC, on behalf of Quail Creek 40 LLC, to allow Lodging Accommodations: Home Sharing (short term rental) in the PUD­704 Planned Unit Development District, located at 2600 Cedar Tree Road, Unit B. 32. Case No. 15166: Application for a Special Exception of Britton Mitchell and High Impact Investments, LLC, on behalf of Quail Creek 40 LLC, to allow Lodging Accommodations: Home Sharing (short term rental) in the PUD­704 Planned Unit Development District, located at 13214 Windy Ridge Road, Unit A. 33. Case No. 15157: Application for a Special Exception of Ben Scott, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­1 Single Family Residential District, located at 1509 East Euclid Street. 34. Case No. 15174: Application for a Special Exception of Clint Newsom on behalf of Left Frame Lofts, LLC, to allow Lodging  the R­1 Single Family Residential District, located at 1509 East Euclid Street. 34. Case No. 15174: Application for a Special Exception of Clint Newsom on behalf of Left Frame Lofts, LLC, to allow Lodging Accommodations: Home Sharing (short term rental) in the DTD­2 Downtown Transitional District and DP Downtown Parking District, located at 631 West California Avenue, Suite 410. 35. Case No. 15172: Application for a Special Exception of Clint Newsom on behalf of Left Frame Lofts, LLC, to allow Lodging Accommodations: Home Sharing (short term rental) in the DTD­2 Downtown Transitional District and DP Downtown Parking District, located at 631 West California Avenue, Suite 210. 36. Case No. 15173: Application for a Special Exception of Clint Newsom on behalf of Left Frame Lofts, LLC, to allow Lodging Accommodations: Home Sharing (short term rental) in the DTD­2 Downtown Transitional District and DP Downtown Parking District, located at 631 West California Avenue, Suite 300. 37. Case No. 15171: Application for a Special Exception of Clint Newsom on behalf of Left Frame Lofts, LLC, to allow Lodging Accommodations: Home Sharing (short term rental) in the DTD­2 Downtown Transitional District and DP Downtown Parking District, located at 631 West California Avenue, Suite 200. 38. Case No. 15175: Application for a Special Exception of Clint Newsom on behalf of Left Frame Lofts, LLC, to allow Lodging Accommodations: Home Sharing (short term rental) in the DTD­2 Downtown Transitional District and DP Downtown Parking District, located at 631 West California Avenue, Suite 400. 39. Case No. 15176: Application for a Special Exception of Clint Newsom on behalf of Left Frame Lofts, LLC, to allow Lodging Accommodations: Home Sharing (short term rental) in the DTD­2 Downtown Transitional District and DP Downtown Parking District, located at 631 West California Avenue, Suite 310. 40. Case No. 15185: Application for a Special Exception of Reece Underwood on behalf of Four Zero Five Capital LLC, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­1 Single Family Residential District, located at 1117 Northwest 46th Street. 41. Case No. 15184: Application for a Special Exception of Sherrie Madison, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­1 Single Family Residential District, located at 8532 Southwest 43rd Street. 42. Case No. 15178: Application for a Special Exception of Billy J. Hamilton, Jr, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­1 Single Family Residential District, located at 917 Northwest 48th Street. 43. Case No. 15188: Application for a Special Exception of Jim Green, to  42. Case No. 15178: Application for a Special Exception of Billy J. Hamilton, Jr, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­1 Single Family Residential District, located at 917 Northwest 48th Street. 43. Case No. 15188: Application for a Special Exception of Jim Green, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­1 Single Family Residential District, located at 2612 Northwest 49th Street. 44. Case No. 15179: Application for a Special Exception of Jim Green, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­1 Single Family Residential District, located at 2841 Cambridge Court. 45. Case No. 15181: Application for a Special Exception of Allison Christian, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­1 Single Family Residential District, located at 515 Northwest 31st Street. 46. Case No. 15183: Application for a Special Exception of Sherrie Madison, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­1 Single Family Residential District, located at 8528 Southwest 43rd Street. 47. Case No. 15182: Application for a Special Exception of Chris Nunnery, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­4 General Residential District, located at 11337 North May Avenue, Unit A. 48. Case No. 15180: Application for a Special Exception of Becky Pitt, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­2 Medium Low Density Residential District, located at 2561 Northwest 20th Street. 49. Case No. 15189: Application for a Special Exception of Becky Pitt, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­2 Medium Low Density Residential District, located at 2559 Northwest 20th Street. V. ADDITIONAL ITEMS A. Additional Item VI. COMMUNICATIONS AND REPORTS A. Board Committees B. Board Members C. Municipal Counselor VII. CITIZENS TO BE HEARD VIII. OTHER BUSINESS  C. Municipal Counselor VII. CITIZENS TO BE HEARD VIII. OTHER BUSINESS A. Other Business IX. ADJOURNMENT