Board of Adjustment

City of Sand Springs BOARD OF ADJUSTMENT REGULAR MEETING MINUTES October 21, 2019 – 6:00 p.m. Case Community Center, Rooms A, B, and C MEMBERS PRESENT: Dianne Dinkel, Chairperson, 4-0 Merle Parsons, Vice-Chairperson, 4-0 Larry Johnston, Secretary, 4-0 Jerry Riley, 1-0 Michael Phillips, 1-0 MEMBERS ABSENT: None OTHERS PRESENT: Elizabeth Gray, City Manager Brad Bates, City Planner/Asst. Director-Community Dev. Cynthia Webster, Recording Secretary The Board of Adjustment met in a regular session on October 21, 2019, at Case Community Center, 1050 W. Wekiwa Rd., Sand Springs, Oklahoma, pursuant to the agenda filed with the City Clerk’s office and posted at 2:55 p.m., on October 7, 2019, on the display window located in the Sand Springs Administration Building, 217 N. McKinley, Sand Springs, Oklahoma, 74063, and on the City of Sand Springs Website www.sandspringsok.org. 1. Call to Order Chairperson Dinkel called the meeting to order at the noted time of 6:01 p.m. 2. Attendance Chairperson Dinkel called for an individual roll call with members replying in the following manner: Mr. Parsons, here; Mr. Johnston, here; Ms. Dinkel, here; Mr. Phillips, here; Mr. Riley, here. Chairperson Dinkel welcomed new board members, Jerry Riley and Michael Phillips and advised the audience that the new members had already been sworn in. 3. Consider Approval of Minutes of BOA Meeting on August 19, 2019 The minutes of the August 19, 2019, regular Board of Adjustment meeting were presented for members’ review and/or approval. Mr. Parsons made a motion to approve the Minutes of the August 19, 2019, regular Board of Adjustment meeting, as presented. Mr. Johnston seconded the motion. Page 1 of 4 BOA Minutes October 21, 2019 With no further discussion, Chairperson Dinkel called for the vote recorded as follows: Mr. Parsons, aye; Mr. Johnston, aye; Ms. Dinkel, aye; Mr. Phillips, abstain; Mr. Riley, abstain. The motion carried 3-0-2. 4. SSBOA-755 City Planner/Assistant Community Development Director Brad Bates presented the staff report. The applicant is requesting a Variance to the Sand Springs Zoning Code, Section 5.04.B.1.c, Bulk and Area Requirements in Residential Manufactured Home (RMH) Districts, to allow a 10’ side yard (5’ each side) between manufactured home dwellings. City Planner Bates went over the history of the RMH district and stated that the request is a blanket request for the mobile home park. According to today’s Zoning Code, the mobile home park is an existing, legal, non-conforming use. The applicant is asking to maintain the setbacks as they currently exist with 5’ between each dwelling. City Planner Bates explained that if the applicant wanted to replace older homes with new homes or move a new home onto a vacant lot, the current Zoning Code requirements would not allow them to do so, as the park was constructed with 5’ side yards on each side. City Planner Bates stated the fire marshal had reviewed the request and was satisfied with the spacing as it exists now. The area manager was present for applicant and gave board members a handout regarding the current fire rating for mobile homes as required by HUD. Benton Boyd, Oklahoma City, OK, asked if the park was expanding and contributing to the tax base. Applicant stated they are just looking to fill the empty spaces which is probably 8-10 units. City Planner Bates said that the mobile home park is taxed by the Tulsa County Assessor as a whole; individual lots are not taxed. If new homes are added, the taxes would more than likely go up and individual home owners would also be contributing taxes in the form of sales tax spent in the City. Mr. Phillips made a motion to approve SSBOA-755, as presented. Mr. Riley seconded the motion. With no further discussion, Chairperson Dinkel called for the vote recorded as follows: Mr. Parsons, nay; Mr. Johnston, aye; Ms. Dinkel, aye; Mr. Phillips, aye; Mr. Riley, aye. The motion carried 4-1-0. 5. SSBOA-756 City Planner Bates presented the staff report. The applicant is asking for a Variance to the Sand Springs Zoning Code, Section 5.04.A, Table 3, to allow a 5’ setback in the required rear yard of 110 W. 6th St. City Planner Bates explained that a lot combination and split had been approved by the Planning Commission with the lot split being Page 2 of 4 BOA Minutes October 21, 2019 contingent upon the approval of this request. There is no proposed change to the existing, non-conforming dwellings; there is only a reconfiguration of the lot lines. Bill Joslin, 525 N. McKinley, was present with questions about the reconfiguration. Mr. Johnston made a motion to approve SSBOA-756, as presented. Mr. Parsons seconded the motion. With no further discussion, Chairperson Dinkel called for the vote recorded as follows: Mr. Parsons, aye; Mr. Johnston, aye; Ms. Dinkel, aye; Mr. Phillips, aye; Mr. Riley, aye. The motion carried 5-0-0. 6. SSBOA-757 City Planner Bates presented the staff report. The applicant is asking for a Special Exception to the Sand Springs Zoning Code Sections 5.03.B.1.d and 5.03.B.1.g to allow an 800 sf all-metal accessory building in a RS-2 district. City Planner Bates stated that this lot is 1.5 acres and sits at the end of a dead-end street. Mr. Parsons asked if Summit would ever be opened as a thru street and City Planner Bates stated that he doubted it would because of the terrain. Applicants, Darin and Melisa Garner, were present and stated that they would like the detached accessory structure for extra storage. Applicant also explained where the structure would sit on the lot. Applicant advised there were other all-metal structures in the area. Discussion was held among the board regarding the applicable ordinance and subject area. Mr. Phillips made a motion to approve the request for an 800 sf detached accessory structure and a motion to deny the all-metal façade. Mr. Parsons seconded the motion. Chairperson Dinkel stated that the items will be voted on separately. Mr. Phillips made a motion to allow the 800 sf detached accessory structure. Mr. Parsons seconded the motion. The vote was recorded as follows: Mr. Parsons, aye; Mr. Johnston, aye; Ms. Dinkel, aye; Mr. Phillips, aye; Mr. Riley, aye. The motion carried 5-0-0. Mr. Phillips made a motion to deny the all-metal façade. Mr. Parsons seconded the motion. The vote was recorded as follows: Mr. Parsons, aye; Mr. Johnston, nay, Ms. Dinkel, nay; Mr. Phillips, aye; Mr. Riley, nay. The motion did not carry at 2-3-0. Mr. Parsons said he was confused about the vote. Mr. Phillips stated that the motion was to deny the all-metal façade, therefore an aye vote would agree with the motion. Page 3 of 4 BOA Minutes October 21, 2019 Extended discussion was held among the board. Mr. Phillips stated he would reword his motion to allow approval of the all-metal façade. Mr. Parsons said he would second the reworded motion. The vote was recorded as follows: Mr. Parsons, nay; Mr. Johnston, aye; Ms. Dinkel, aye; Mr. Phillips, nay; Mr. Riley, nay. The motion did not carry at 2-3-0. Mr. Riley stated he had been confused with the wording of the original motion and meant to vote against the approval for an all-metal facade. Discussion was held with the applicants regarding appeal options. 7. SSBOA-758 City Planner Bates presented the staff report. The applicant is asking for a Special Exception to the Sand Springs Zoning Code, Section 7.02, Table 1, to allow a tattoo studio in a Commercial Heavy (CH) district. City Planner Bates advised there has been one other Special Exception of this type allowed in the past with a property on Main St. The business was subsequently moved to 1st St. and is still in operation. Mr. Parsons asked if a tattoo studio should be included on the Specific Use Permit list. City Planner Bates advised that this type of business was included as a Special Exception. There are no spacing requirements or other limitations like other Specific Use Permit requests which may have been part of the reasoning. Mr. Phillips made a motion to approve SSBOA-758, as presented. Mr. Johnston seconded the motion. With no further discussion, the vote was recorded as follows: Mr. Parsons, aye; Mr. Johnston, aye; Ms. Dinkel, aye; Mr. Phillips, aye; Mr. Riley, aye. The motion carried 5-0- 0. 8. Director’s Report City Planner Brad Bates thanked the board for their service. 9. Adjournment There being no further business, the meeting adjourned at the noted time 7:19 p.m. __________ _______________________________ Date Larry Johnston, Secretary Page 4 of 4