Board of Adjustment

The City of OKLAHOMA CITY BOARD OF ADJUSTMENT AGENDA 1:30 PM/March 16, 2023 200 N. Walker Avenue, 3rd Floor, Council Chamber Mike Voorhees, Chairman Kitti Asberry Don Noble Roberto Seda Marcus Ude 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 March 16, 2023 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 March 2, 2023, meeting. III. CONTINUANCE REQUESTS / WITHDRAWALS A. Requests by Staff or Applicants IV.B.19 15160 Defer to April 6, 2023 IV.B.20 15171 Defer to April 20, 2023 IV.B.21 15172 Defer to April 20, 2023 IV.B.22 15173 Defer to April 20, 2023 IV.B.23 15174 Defer to April 20, 2023 IV.B.24 15175 Defer to April 20, 2023 IV.B.25 15176 Defer to April 20, 2023 B. Requests by Public IV. PUBLIC HEARINGS A. Consent Docket B. Items Requiring Separate Vote 1. Case No. 15306: Request of Shane Labeth for a variance to lot size requirements for Aboveground Flammable Liquid Storage: Restricted in the I­2 Moderate Industrial District and AE­1 Airport Environs Zone, located at 6701 North Rockwell Avenue, Lot 3. 2. Case No. 15307: Request of Shane Labeth, for Special Exception to allow one (1) 20,000 gallon, above ground, protected fuel storage tank in the I­2 Moderate Industrial District and the AE­1 Airport Environs Zone, located at 6701 North Rockwell Avenue, Lot 3. 3. Case No. 15248: Application for a Special Exception of Randy Smith, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­2 Medium Low Density Residential District, located at 1808 Northwest 11th Street.  3. Case No. 15248: Application for a Special Exception of Randy Smith, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­2 Medium Low Density Residential District, located at 1808 Northwest 11th Street. 4. Case No. 15249: Application for a Special Exception of Randy Smith, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­2 Medium Low Density Residential District, located at 1810 Northwest 11th Street. 5. Case No. 15285: Application for a Special Exception of Randy Smith, Smith Holdings, LLC, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­3 Medium Density Residential District, located at 1138 Northwest 34th Street, Unit 1. 6. Case No. 15286: Application for a Special Exception of Randy Smith, Smith Holdings, LLC, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­3 Medium Density Residential District, located at 1138 Northwest 34th Street, Unit 2. 7. Case No. 15287: Application for a Special Exception of Randy Smith, Smith Holdings, LLC, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­3 Medium Density Residential District, located at 1138 Northwest 34th Street, Unit 3. 8. Case No. 15237: Application for a Special Exception of Randy Smith, Smith Holdings, LLC, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­3 Medium Density Residential District, located at 1138 Northwest 34th Street, Unit 4. 9. Case No. 15301: Application for a Special Exception of Richard Ayling to allow Lodging Accommodations: Home Sharing (short term rental) in the NC Neighborhood Conservation District and HL Historic Landmark District, located at 819 Northwest 24th Street. 10. Case No. 15300: Application for a Special Exception of Scarlet Le­Cao of Omega Investments, LLC, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­1 Single Family Residential District, located at 3326 Northwest 16th Street. 11. Case No. 15267: Application for a Special Exception of Beryl Fok, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­1 Single Family Residential District, located at 2601 Northwest 112th Street. 12. Case No. 15268: Application for a Special Exception of Beryl Fok, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­1 Single Family Residential District, located at 1305 Northwest 16th Street. 13. Case No. 15269: Application for a Special Exception of Beryl Fok, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­2 Medium Low Density Residential District, located at 1212 Northwest 30th Street. 14. Case No. 15282: Application for a Special Exception of Beryl Fok, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­1  Medium Low Density Residential District, located at 1212 Northwest 30th Street. 14. Case No. 15282: Application for a Special Exception of Beryl Fok, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­1 Single Family Residential District, located at 10913 Rock Ridge Road. 15. Case No. 15302: Application for a Special Exception of Allie Dinh­Phan, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­2 Medium Low Density Residential District, located at 3104 North Military Avenue. 16. Case No. 15303: Application for a Special Exception of Andrea Burchfield, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­2 Medium Low Density Residential District, located at 2108 ½ North Kelley Avenue. 17. Case No. 15304: Application for a Special Exception of Melissa Iseman, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­1 Single Family Residential District, located at 1217 Northeast 15th Street. 18. Case No. 15305: Renewal Application for a Special Exception of Fred and Rhea Ann Lee, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­1 Single Family Residential District, located at 4813 North Miller Avenue. 19. DEFER TO 4­6­23 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. 20. DEFER TO 4­20­23 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. 21. DEFER TO 4­20­23 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. 22. DEFER TO 4­20­23 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. 23. DEFER TO 4­20­23 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.  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. 24. DEFER TO 4­20­23 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. 25. DEFER TO 4­20­23 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. V. ADDITIONAL ITEMS A. Additional Item COMMISSION/BOARD TRAINING WORKSHOP 3/24/23 ­AGENDA VI. COMMUNICATIONS AND REPORTS A. Board Committees B. Board Members C. Municipal Counselor VII. CITIZENS TO BE HEARD VIII. OTHER BUSINESS A. Other Business IX. ADJOURNMENT