Board of Adjustments

Board of Adjustment Minutes January 8, 2024 The City of Yukon Board of Adjustment held a meeting January 8, 2024, at 6:00 p.m. in the Centennial Building at 12 South 5th Street. ROLL CALL: (Present) Joe Horn, Chairman Sherry Huston, Vice-Chairman Buddy Carpenter Ken Smith OTHERS PRESENT: Mitchell Hort, Assistant City Manager Amanda Burton, Secretary Attorney Rinehart INVOCATION: Chairman Horn FLAG SALUTE: Chairman Horn 1. ITEM: APPROVAL OF THE MINUTES OF JUNE 26, 2023 MEETING Vice-Chairman Huston motioned to approve the minutes of the June 26, 2023, meeting. Seconded by Buddy Carpenter. The Vote: Ayes: Horn, Huston, Carpenter, Smith Nays: 0 Vote: 4-0 Motion Carried 2. ITEM: VISITORS None P. O. Box 850500 Yukon, OK 73085 T: 405.354.6676 F: 405.350.8929 www.yukonok.gov  3. ITEM: TO HEAR A REQUEST BY BILL PIERCE FOR A VARIANCE ON CITY OF YUKON ORDINANCE APPENDIX A 602.4 (1) (C) ACCESSORY STRUCTURES SHALL NOT EXCEED THE HEIGHT OF THE RESIDENTIAL STRUCTURE, PROVIDED THAT AN ADDITIONAL SETBACK FROM THE FRONT AND REAR SETBACK REQUIREMENT OF ONE FOOT FOR EVERY FOOT OF HEIGHT OVER TEN FEET IS REQUIRED; CURRENT STRUCTURE IS APPROXIMATELY FIFTEEN (15) FEET IN HEIGHT WHICH IS ENCROACHING APPROXIMATELY TWO (2) FEET INTO THE REAR EASEMENT, LOCATED AT 105 E. SNOWMASS DRIVE. LOT THIRTY-FOUR (34), OF BLOCK EIGHT (8), IN PARKLAND HEIGHTS 2ND ADDITION, AN ADDITION TO THE CITY OF YUKON, CANADIAN COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF. Chairman Horn asked if the representative for this item could please step forward to state their name, address, and to state their case. Resident, Bill Pierce, stepped forward and stated that his name is Bill Pierce of 105 E. Snowmass Drive, Yukon, Oklahoma. He said that he was there to request a variance on an accessory building that he purchased and built on his property. Chairman Horn explained that Mr. Pierce wrote a letter, and he would like for Mr. Pierce to summarize it. He verified with Mr. Pierce that if his understanding was correct, that Mr. Pierce went through the process to get permits. He then clarified that Mr. Pierce did not just go into his own backyard and build a building. Bill Pierce agreed with Chairman Horn’s statement. Chairman Horn then asked for Mr. Pierce to give a rundown. Bill Pierce then said that about a year ago, he was interested in expanding his accessory building so that he could do some hobbies on his property. He explained that he consulted with the inspector, Del Laidley, from the Community Development Office, to get an idea of what to do. He said that Del was very easy to work with and gave him some guidance on what he could and could not do. Mr. Pierce then took that information and looked for a company that could accommodate that. He said that he then determined which company he wanted to work with, and he got into negotiations with them. Then the company came up with a design and a price. He continued by stating that he did call inspector, Del Laidley, back and said that this is what he was thinking, and he was able to finalize that design. He then entered into a contract with the company, and prior to that, he asked if he needed to pull a permit. He stated that he wanted to make sure that he was doing things the right way, hence the reason he was before the Board that evening. He explained that he was told that he needed to pull a permit, and that he wanted to do the right thing. He then discussed that he pulled the permit and was told that he needed to have a contractor for the concrete. He then determined the concrete contractor and asked if he needed to pull that permit given the situation with the last contractor. The person with that specific contracting company told him that they would pull that permit. Then he stated that the concrete permit was not even pulled, but he did believe that the concrete contractor fell underneath the builder. Chairman Horn then confirmed that Mr. Pierce had a permit for the building, but questioned if Mr. Pierce needed a separate permit for the concrete? P. O. Box 850500 Yukon, OK 73085 T: 405.354.6676 F: 405.350.8929 www.yukonok.gov  Vice-Chairman Huston then asked Assistant City Manager, Mitchell Hort, if that was correct? Assistant City Manager, Mitchell Hort, then confirmed that Mr. Pierce had two different contractors on the project. He said that he believed that was what Mr. Pierce was stating. Ken Smith then explained to the Board that the second contractor came unbeknownst to Mr. Pierce under the project of the original contractor. Bill Pierce then said that the second contractor stated that they would pull the permit, which can be seen in the text spreads in the provided packet to the Board. He explained that the contractor stated in those texts that they would take care of it, and he said that he assumed that that was taken care of by that company. Then he continued by stating that the building was then built. Bill Pierce said that he was in contact with a company that was out of Texas, and he told the company that they needed to call in for the inspection. The company then told him that they do not do that, and that Mr. Pierce would need to call in for the inspection. He stated that they went back and forth for a while. Mr. Pierce then said that he called the city, and the city confirmed that the contractor needed to be the one to call in the inspection. Bill Pierce said that prior to building the building, that he did send that guidance information on the setbacks to the contractor and explained that that was in the text spread in the packet to the Board. He said that that showed that there was that communication to help guide the contractor. Bill Pierce then stated that the building was then complete and said again that he tried to get the inspection. He said that he finally called the city and asked if inspector, Del Laidley, could come out and look at the building for him. Bill Pierce continued to explain that when he spoke to inspector, Del Laidley, that Del said to Mr. Pierce that he had already been out to his property once and that the inspection had failed. Mr. Pierce stated that he did not know that Del had been out there before and said that that was how he found out that the inspection had failed. He said he was devastated, and he asked what he needed to do. Inspector, Del Laidley, then told Mr. Pierce that he could file for a variance and said that Mr. Pierce could then talk to the city. Bill Pierce then said that two days later the company sent him an email. (Mr. Pierce explained to the Board that he did not include this email in the Board packet). He said that the company forwarded the letter that the city had sent them stating that the inspection had failed. He said that in the letter, that there was nothing stating what they could do. He said that the company just forwarded it to him. He then confirmed again that he had talked to the City’s Community Development office and said that they did come out and looked at the building. He then explained that the city told him what should happen and told him how to proceed. He again stated that he was there that evening to hopefully make things right. Bill Pierce clarified to the Board that height is not the question and said that it was the setback. He said that it was taller than he expected based on the design but said that on the day that the building was built, that he went straight to his neighbor that was to the back of him. He said that he explained to that neighbor about the height, and he also said that he then talked to another neighbor to the East of him. He said that that neighbor to the East of him told him that it was fine, and he said that that neighbor even complimented the building. P. O. Box 850500 Yukon, OK 73085 T: 405.354.6676 F: 405.350.8929 www.yukonok.gov  Bill Pierce then stated to the Board that it was whatever they decide, and that he would be committed to their decision. He also mentioned that he did have the building positioned in such a way that people could not see it from the street and that he was trying to make it to be somewhat hidden so that it would not be an eyesore. Ken Smith then asked Chairman Horn if he could ask a question. Ken then questioned Mr. Pierce asking if the city inspector had come out and failed the inspection unbeknownst to him? Bill Pierce agreed with Ken Smith that that was correct. Ken Smith then asked Mr. Pierce if the city inspector saw it from the street. Ken asked if not, how did the city inspector get in Mr. Pierce’s backyard? Bill Pierce said that his gate was open, but he said he did not know if the gate was open at that point. He said that he knew that the city inspector had to have come out into his yard to see how it was positioned and where it was at. He said that he had taken the city inspector’s word on it. Ken Smith then asked Mr. Pierce if the city inspector failed the inspection based on height. Bill Pierce then said to Ken Smith that the city inspector failed it based on the setback given the height. Mr. Pierce said that if he had the building two feet over, that the height would not be the issue. He said that it was the placement of the building given the height. Chairman Horn then asked Assistant City Manager, Mitchell Hort, if he had any comments? Assistant City Manager, Mitchell Hort, said that other than what had been submitted, that no, he did not have any comments. Mr. Hort said that he did not know if the city inspector was out at the property for the electrical on the building or for something else. Bill Pierce then stated that when he had asked inspector, Del Laidley, to come out, that at that point, Del inspected the electrical. He said that the electrical was then green tagged. Vice-Chairman Huston asked if the company was licensed and bonded. Bill Pierce verified that both companies had done work in Yukon prior to his project. He explained that his issue with them was that he wanted to do it the right way and the company were professionals. He said that the information was very transparent, but said, however, that he was still at the meeting with the Board that evening. Vice-Chairman Huston then asked what recourse is there on the company? She asked if Mr. Pierce could sue them. Assistant City Manager, Mitchell Hort, then said that that would be something the city Attorney, Roger Rhinehart, would have to answer for them. City Attorney, Roger Rhinehart, stated that this would have to be a private action by breach of contract. Bill Pierce then said that he speculated that the company had him pull the permit for that purpose. Vice-Chairman Huston asked if Mr. Pierce did pull the permit? P. O. Box 850500 Yukon, OK 73085 T: 405.354.6676 F: 405.350.8929 www.yukonok.gov  Bill Pierce clarified by saying yes, that he did pull the permit because he knew that the project needed to have a permit. Vice-Chairman Huston then verified that Mr. Pierce did not pull the concrete permit because the second company said that they would take care of that? Bill Pierce said yes that that was correct. Chairman Horn stated that he felt like Mr. Pierce was relying on the contractor to do what they are supposed to do. Bill Pierce agreed and said he was relying on the contractor to do what they were supposed to do. Chairman Horn said that he felt like Mr. Pierce was trying to follow all the rules and explained that it was a big building, but he said that you cannot see it from the front. He said that he did not feel like it affected anyone. Ken Smith then asked Mr. Pierce if he had spoken to his neighbor, Mr. Newman, who was present at the meeting. Bill Pierce confirmed that he had spoken to his neighbor, Mr. Newman. Ken Smith then reconfirmed with Mr. Pierce that his neighbor, Mr. Newman, was tolerant of the building and then stated that the height of the building did not affect Mr. Newman in a negative way. Ken then said that he was also a neighbor and said that he lived across from Mr. Pierce. He verified that it did not affect him either. Ken also mentioned that this precedence had already been set. Vice-Chairman Huston said that she did not feel like in her opinion, and the way that the Board is supposed to look at the adjustments, that even though it is in Mr. Pierce’s backyard and even though Mr. Pierce hired these people, that this is something Mr. Pierce caused on himself. Ken Smith stated that he felt that Mr. Pierce went out of his way to avoid a situation like what they are discussing. Ken then stated though that this does not change code. Vice-Chairman Huston agreed with Ken Smith. She said that this was not something that Mr. Pierce did knowing that it was done wrong, where he then had to ask for forgiveness later. She stated that this was brought on by Mr. Pierce’s contractors. Chairman Horn asked Ken Smith what the precedence was that he had mentioned earlier. Ken Smith said that the precedence that he discussed was about the gentleman that moved to Yukon from Edmond, that had two-thirds of the back of his house already done. Ken said that that resident’s contractor did not pull his permit either. Chairman Horn then asked Ken Smith if he was talking about a metal building. Ken Smith stated that he was not talking about a metal building. Vice-Chairman Huston said that Mr. Pierce’s building looked very nice and said that she would be very proud of it. P. O. Box 850500 Yukon, OK 73085 T: 405.354.6676 F: 405.350.8929 www.yukonok.gov  Bill Pierce said that he did put a lot of cash into it but stated that his wife and he know that they are at the Board’s mercy. He said that they have been in Yukon a long time and that they want to do what is right. He again stated that that was why he was there that evening before the Board. Chairman Horn asked Buddy Carpenter if he had any comments or if anyone else on the Board had any questions? Buddy Carpenter stated that he did not have any questions. Chairman Horn asked the visitors in the audience to step forward to state their name and address. Resident, Hugh Bagley, who was in the audience, then stepped forward and stated that his name was Hugh Bagley and that he lived just West of Mr. Pierce at 101 E. Snowmass Drive. He said that he had lived there for 37 years in the same house. He said that Mr. Pierce had done an outstanding job, and he said that the only thing he did not like about the building was that it was not standing in his backyard. Mr. Bagley then asked if the Board allowed someone to put a building on an easement though, did that open the door for the use later? He stated that he knew that there was an easement there for a reason. Chairman Horn stated that the Board had already approached that issue. He said that he knew of another metal building in someone’s front yard and explained that the Board allowed it. He said that he could not in good conscience deny Mr. Pierce then. Vice-Chairman Huston then explained that the only repercussion that would happen to Mr. Pierce is if in the future he goes to sell the property, that there would be a mortgage inspection certificate for title insurance to make sure that it was not encroaching building setback lines and utility easements. She then asked the city Attorney, Roger Rhinehart, to correct her if she was wrong. She went on to explain that then the buyer would have to sign that they are aware that this is encroaching that building setback line and that that part of that property would not be insurable under title insurance. Chairman Horn then asked if that would be done with the variance? Vice-Chairman Huston said that it still would not be insurable with a variance. She explained that the city could accept it, but the city could not make you do anything if the Board grants it. She said that that part is not insurable even though it is granted with the Board, and also said that the title company will not insure that part. City Attorney, Roger Rhinehart confirmed that the variance would be a filed record. Vice-Chairman Huston agreed with city Attorney, Roger Rhinehart, and said again that the buyer would have to sign that they are aware of it. Ken Smith then asked if that would be part of the disclosure? Vice-Chairman Huston stated that yes, it would be part of the disclosure. Bill Pierce stated that he did not plan on moving any time soon. Chairman Horn asked if anyone else had any comments. P. O. Box 850500 Yukon, OK 73085 T: 405.354.6676 F: 405.350.8929 www.yukonok.gov  Vice-Chairman Huston motioned to approve this item. Ken Smith then seconded the motion. The Vote: Ayes: Horn, Huston, Carpenter, Smith Nays: 0 Vote:4-0 Motion Carried 4. ITEM: NEW BUSINESS None 5. ITEM: OPEN DISCUSSION Assistant City Manager, Mitchell Hort, explained to the Board that in the future they are going to have some changes in the ordinances that they updated recently, and that they are going to let the Board know what is going on as it goes forward. Some items will be brought to the Board to let them know what is going on with the ordinances with updating them. He stated that they will be talking about Uniform Development Codes. Ken Smith wanted to commend a Yukon citizen that tried to go through the permitting and inspection processes as it is supposed to be done. He said that things are complicated when this situation happens, and he said that these things stand on individual consideration when these things happen. Vice-Chairman Huston agreed with Ken Smith. She stated that Mr. Pierce went through all the right channels, and he did it properly to the best of his knowledge. She continued by saying that this situation was not something Mr. Pierce created and said it was created for him by a third party. Chairman Horn said that Mr. Pierce did nothing but improve his property. He said that he went to the property and spoke with Mr. Pierce. He said that Mr. Pierce stated that he did not want to do it, but he said that if the Board told him to tear it down, that he would tear it down. Vice-Chairman Huston said that she commended Mr. Pierce for doing the right thing and for his honesty. She stated that she wished that everyone was like him. Chairman Horn agreed with Vice-Chairman Huston’s statement. 6. ITEM: ADJOURNMENT – NEXT MEETING FEBRUARY 5, 2024 6:22 p.m. P. O. Box 850500 Yukon, OK 73085 T: 405.354.6676 F: 405.350.8929 www.yukonok.gov