Board of Adjustment

City of Sand Springs BOARD OF ADJUSTMENT REGULAR MEETING MINUTES August 18, 2014 – 7:00 p.m. Municipal Building 100 East Broadway, Room 203 MEMBERS PRESENT: Randy Beesley, Chairman 2-0 Larry Johnston, Secretary 2-0 Jonathan Wygle 1-1 MEMBERS ABSENT: Kenny Roberts, Vice-Chairman 1-1 OTHERS PRESENT: Andy Templeton, Code Enforcement Manager Cynthia Webster, Recording Secretary The Board of Adjustment met in regular session on August 18, 2014, at 100 E. Broadway, Council Chamber Room 203, Sand Springs, Oklahoma, pursuant to the agenda filed with the City Clerk’s office and posted at 3:30 p.m., on August 7, 2014, on the digital display board located in the first floor lobby of the Sand Springs Municipal building, 100 East Broadway, Sand Springs, Oklahoma, 74063, and on the City of Sand Springs Website www.sandspringsok.org. 1. Call to Order Chairman Beesley called the meeting to order at 7:00 p.m. 2. Attendance Chairman Beesley called for an individual roll call with members replying in the following manner: Mr. Johnston, here; Mr. Roberts, no response; Mr. Beesley, here; Mr. Wygle, here. Mr. Roberts was noted as absent. 3. Consider Approval of Minutes of BOA Meeting of June 16, 2014 The minutes of the June 16, 2014, regular Board of Adjustment meeting were presented for members’ review and/or approval. Mr. Johnston made a motion to approve the Minutes of the June 16, 2014 regular Board of Adjustment meeting, as presented. Mr. Wygle seconded the motion. With no further discussion, Chairman Beesley called for the vote recorded as follows: Mr. Johnston, aye; Mr. Beesley, aye; Mr. Wygle, aye. The motion carried 3-0-0. BOA Minutes August 18, 2014 SSBOA-694 4. 30 E 2nd St. – Sand Springs Home STR 11-19N-11E Code Enforcement Manager Andy Templeton presented the staff report. The applicant, Sand Springs Home, is requesting a variance to Section 13.14D of the Sand Springs Zoning Code – Off-Street Parking and Loading Requirements for Use Unit 14 (shopping goods and services), to principally use on-street parking within a CH (High Intensity Commercial) zoning district. The area is located on the southwest corner of 2nd and McKinley. Staff calculated that based on a retail shopping goods and services zoning classification, the required parking would be 1 space per 200 sf. of building floor area. Code Enforcement Manager Templeton advised Board members of the conditions that must be met in order to grant a variance. Code Enforcement Manager Templeton offered suggestions for parking alternatives and items for the Board to consider. Chairman Beesley then called speakers in the order listed on the sign-in sheet. David and Doris Phillips stated they own the property adjacent to the proposed development. The Phillips stated they were concerned about the parking and felt the downtown parking problem would be compounded. Michael Phillips stated there were no numbers given as to the number of parking spaces required, only that there was to be 1 space per 200 sf. of floor area. Chairman Beesley said that based upon the numbers in the application, he calculated that the development should have 100 parking spaces. Mr. Phillips felt that there is not adequate street parking. Tom Nowak stated he wants new business downtown but there is already a parking problem downtown. Cindy Phillips discussed downtown parking issues, especially those on Main Street. Ms. Phillips stated she was also concerned about deliveries. Patty Dixon stated that their business’s service garage exits onto McKinley and was concerned about the proposed changes to McKinley and how the changes might affect their driveway. Johnny Zwinger stated he owns the building across from the proposed development. His tenants have complained about the lack of parking. Taylor King, of Brewer Construction, stated he was helping applicants prepare the development from both an engineering perspective and a construction perspective. Mr. King addressed the concerns that he had heard from citizens. Mr. King discussed the size Page 2 of 3 BOA Minutes August 18, 2014 of the building versus the actual tenant space. The actual tenant space will be around 14,000 sf. Mr. King also discussed the proposed street changes to McKinley and addressed the private drive that is going to be established for delivery purposes. Board members also discussed the need for possible City-owned parking lots and accessibility to City employee lots after hours. Mr. Zwinger asked about flooding issues. Kevin Vanover, with Impact Engineering, addressed Mr. Zwinger’s concerns. Additional comments were heard from Cindy Phillips, Michael Phillips, Doris Phillips and Johnny Zwinger. Ron Weese, representing the Sand Springs Home, provided discussion regarding the acquisition and development of the property. Chairman Beesley made a motion to approve SSBOA-694 waiving the off-street parking and loading requirements with the conditions that 7 spaces, including two handicapped spaces, be placed on the west side of the building and McKinley Avenue be reconfigured and widened to accommodate 90 degree parking adding approximately 25-27 more parking spaces. Mr. Johnston seconded the motion. With no further discussion, Chairman Beesley called for the vote recorded as follows: Mr. Johnston, aye; Mr. Beesley, aye; Mr. Wygle, aye. The motion carried 3-0-0. 5. Director’s Report Code Enforcement Manager Templeton advised that Elizabeth Gray, the new City Manager, would begin work September 2nd. 6. Adjournment There being no further business, the meeting adjourned at the noted time of 8:37 p.m. __________ _______________________________ Date Larry Johnston, Secretary Page 3 of 3  STAFF REPORT – SSBOA-695 TO: Board of Adjustment Members MEETING DATE: September 15, 2014 CASE: SSBOA-695: Special Exception to Section 5.02 of the Zoning Code – Principal Uses in Residential Districts, to allow a duplex dwelling at 702 N. Cleveland Ave. LOCATION: Lots 10, 11, 12, Block 24, Oak Ridge Addition Request: The applicant, Infinity Investment Group, LLC, is requesting a Special Exception to Section 5.02 of the City’s Zoning Code – Principal Uses in Residential Districts, to allow construction of a new duplex dwelling in a RS-3 (high intensity single-family residential) zoning district. The applicant proposes to remove the two existing vacant dwellings on the subject parcel and replace them with a single duplex dwelling. Site Conditions: The subject parcel is a pre-existing combination of three non-conforming lots with 75’ of frontage on the west side of Cleveland Avenue and a paved public alleyway in the rear. The parcel is 130’ deep and has a total land area of 9,750 sq. ft. The minimum lot size for RS-3 zoning is 6,900 sq. ft. The lot’s sloping profile from front to rear and the availability of the public alleyway provide several options for new duplex construction. The existing houses on the parcel have been vacant for 5 years, according to City utility records. They were placed on the City’s dilapidated buildings list in early 2014 due to their age, lack of regular maintenance and vacancy. Their rehabilitation may not be feasible from an amortization standpoint. The surrounding area is one of the City’s oldest neighborhoods and consists primarily of single-family homes interspersed with duplex dwellings or occupied second houses per lot of record that were constructed before adoption of modern-day zoning codes. Applicable BOA Activities in the Area: SSBOA-584 – Special Exception to Section 5.02 of the zoning code to construct two duplexes on 6,500 sq. ft. lots in RS-3 zoning district at 822 N. Wilson. Denied 12/2005. SSBOA-573 – Variance to Section 2.08 of the zoning code to allow two dwellings on one lot of record in RS-3 zoning district at 520 N. Lincoln. Approved 08/1995. SSBOA-347 – Special Exception to Section 5.02 of the zoning code to allow existing, non-conforming (abandoned) duplex in RS-3 zoning district at 209, 209½, 211 and 211½ N. Cleveland. Approved 03/1992. SSBOA-340 – Special Exception to Section 5.02 of the zoning code to permit duplex dwelling in RS-3 zoning district at 800 N. Franklin. Approved 11/1991. SSBOA-331 – Special Exception to Section 5.02 of the zoning code to permit duplex dwelling in RS-3 zoning district at 208-210 N. Cleveland. Approved 05/1991. SSBOA-301 – Special Exception to Section 5.02 of the zoning code to convert a former business into a duplex dwelling in RS-3 zoning district at 920 N. Wilson. Approved 03/1989. SSBOA-272 – Special Exception to Section 5.02 of the zoning code to construct a duplex dwelling in RS-3 zoning district at 4th and Franklin. Approved 01/1987. Zoning Code References: Section 5.02 of the zoning code contains a notation that allows the Board to consider duplex dwellings as a special exception use in an RS-3 zoning district. Special exceptions may be granted if the request is in harmony with the spirit of the zoning code and does not create a detriment to the neighborhood or public good. The Board may place specific conditions or safeguards upon the request as it sees fit. If approved, the applicant has 2 years to utilize the special exception. Staff Recommendation: The duplex application is in keeping with the moderately mixed residential character of the neighborhood. As such, it could be considered in keeping with the spirit of RS-3 zoning for this area. The duplex concept provides a practical and potentially amortizable reuse of a topographically-challenged parcel that contains vacant deteriorated buildings, and located in an older neighborhood with many existing zoning non-conformities. It would likely benefit the neighborhood and the public good by providing modern housing that would add value to its surroundings. Public Works has reviewed the application and has no concerns. Therefore, staff can recommend approval of SSBOA-695 provided that a minimum of 2 hard-surfaced parking spaces be provided for each dwelling unit.  S W 11 ST S E 11 ST S W 11 ST S ST 0 W1 W 10 ST S E 10 ST S N INDUSTRIAL AVE N FRANKLIN AVE N CLEVELAND AVE N ROOSEVELT AVE N GRANT AVE N WILSON AVE W 9 ST S E 9 ST S W 8 ST S E 8 ST S N MAIN ST W 7 ST S N GARFIELD AVE E 7 ST S Subject Tract W 6 ST S E 6 ST S W 5 ST S E 5 ST S W 4 ST S E 4 ST S Note: Graphic overlays may SSBOA-695 Subject Tract not precisely align with physical features on the ground. Aerial Photo Date: March 2014 0 100 200 Feet 400 11 19-11
 RS-2 RS-1 RS-2 S W 11 ST S E 11 ST S W 11 ST RS-3 RD RS RS-2 RS-3 S ST 0 W1 W 10 ST S E 10 ST S RS-1 N INDUSTRIAL AVE N FRANKLIN AVE N CLEVELAND AVE N ROOSEVELT AVE N GRANT AVE N WILSON AVE W 9 ST S E 9 ST S RS-2 RM-2 CG W 8 ST S E 8 ST S N MAIN ST N GARFIELD AVE RM-2 RS-3 RD W 7 ST S E 7 ST S RS Subject Tract W 6 ST S E 6 ST S OL W 5 ST S RM-2 E 5 ST S RM-2 RM-2 RM-2 CS W 4 ST S E 4 ST S RD CBD RM-2 CH RM-2 RM-2400 Subject SSBOA-695
0 100 200 300' Radius Tract 11 19-11 Feet