Board of Adjustments

Board of Adjustment Minutes February 5, 2024 The City of Yukon Board of Adjustment held a meeting February 5, 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 (Absent) Ken Smith OTHERS PRESENT: Mitchell Hort, Assistant City Manager Julie Shannon, Planning Director as Secretary Danielle O’Neal, Assistant Planning Director Roger Rinehart, City Attorney INVOCATION: Chairman Horn FLAG SALUTE: Chairman Horn 1. ITEM: APPROVAL OF THE MINUTES OF JANUARY 8, 2024 MEETING Motion: Vice-Chairman Huston motioned to approve the minutes of the January 8, 2024 meeting. Seconded by Buddy Carpenter. Vote: Ayes: Horn, Huston, Carpenter Nays: 0 Vote: 3-0 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 DICK SWIFT FOR A VARIANCE FROM THE STANDARDS IN THE NEWLY ADOPTED UDC FOR NEW RESIDENTIAL CONSTRUCTION PERTAINING TO GARAGES AND PORCHES IN THE URBAN CORE OVERLAY DISTRICT. APPLICABLE SECTIONS ARE AS FOLLOWS: UDC ARTICLE 4, SECTION 411, URBAN CORE OVERLAY, (B) STANDARDS FOR NEW RESIDENTIAL CONSTRUCTION AFTER THE ADOPTION DATE OF THE UDC: (A) GARAGES (I) PRIMARY FACADES OF FRONT-FACING GARAGES SHOULD BE AT LEAST FIFTEEN (15) FEET BEHIND THE PRIMARY FAÇADE OF THE DWELLING. (II) REAR GARAGES CAN BE ATTACHED OR DETACHED. LEGAL: A PART OF THE NORTHWEST QUARTER (NW/4) OF SECTION TWENTY (20), TOWNSHIP TWELVE (12) NORTH, RANGE FIVE (5) WEST OF THE INDIAN MERIDIAN, CANADIAN COUNTY, OKLAHOMA DESCRIBED AS FOLLOWS: BEGINNING 270.00 FEET WEST OF THE SOUTHWEST CORNER OF BLOCK 91 IN SPENCER ADDITION TO YUKON; THENCE WEST 40.0 FEET; THENCE NORTH 140.00 FEET; THENCE EAST 40.0 FEET; THENCE SOUTH 140.00 FEET TO THE PLACE OF BEGINNING, BEING FORMERLY DESCRIBED AS LOT 21 AND THE EAST 15.00 FEET OF LOT 22 IN BLOCK 90 IN SPENCER ADDITION TO THE TOWN OF YUKON, OKLAHOMA. ALSO SHOWN ON THE NEW SURVEY IN EXHIBITS PROPOSED AS TRACT 2: LOTS TWENTY-ONE (21) AND TWENTY-TWO (22), IN BLOCK NINETY (90), OF SPENCER ADDITION, AN ADDITION TO THE CITY OF YUKON, CANADIAN COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF; ALSO KNOWN AS 823 OAK AVENUE. Chairman Horn asked if the representative for this item could please step forward to state their name, address, and to state their case. Dick Swift stated that he had rough day because his surveyor made a couple of mistakes, the County Assessor made a couple of mistakes and the city made a couple of mistakes. He said he does not have two 50-foot lots at this time. He has to leave the lots as is which is one 60-foot lot and one 40-foot lot until it is straightened out. Assistant City Manager Mitchell Hort stated that it was advertised correctly because we added both property descriptions in the public notice. More discussion was made over the lot line adjustment that was not an item on the agenda. Chairman Horn clarified that we were discussing the overlay issue at 823 Oak Avenue and that if the board will notice that the four houses to the east are similar to what Mr. Swift is wanting to do. He did not see an issue with the project. Vice Chairman Huston did not have an issue with the project either. Motion: Buddy Carpenter motioned to approve this item. Seconded by Vice-Chairman Huston Vote: Ayes: Horn, Huston, Carpenter Nays: 0 Vote:3-0 Motion Carried 4. ITEM: TO HEAR A REQUEST BY DICK SWIFT FOR A VARIANCE FROM THE STANDARDS IN THE NEWLY ADOPTED UDC FOR NEW RESIDENTIAL CONSTRUCTION PERTAINING TO GARAGES AND PORCHES IN THE URBAN CORE OVERLAY DISTRICT. APPLICABLE SECTIONS ARE AS FOLLOWS: P. O. Box 850500 Yukon, OK 73085 T: 405.354.6676 F: 405.350.8929 www.yukonok.gov  UDC ARTICLE 4, SECTION 411, URBAN CORE OVERLAY, (B) STANDARDS FOR NEW RESIDENTIAL CONSTRUCTION AFTER THE ADOPTION DATE OF THE UDC: (A) PORCHES (I) ALL NEW DWELLINGS ARE REQUIRED TO HAVE A PORCH OR STOOP OF AT LEAST ¼ THE LENGTH OF THE STRUCTURE’S FRONT FAÇADE. (II) DEPTH OF PORCH SHALL BE NOT LESS THAN FOUR (4) FEET. LEGAL: A PART OF THE NORTHWEST QUARTER (NW/4) OF SECTION TWENTY (20), TOWNSHIP TWELVE (12) NORTH, RANGE FIVE (5) WEST OF THE INDIAN MERIDIAN, CANADIAN COUNTY, OKLAHOMA DESCRIBED AS FOLLOWS: BEGINNING 270.00 FEET WEST OF THE SOUTHWEST CORNER OF BLOCK 91 IN SPENCER ADDITION TO YUKON; THENCE WEST 40.0 FEET; THENCE NORTH 140.00 FEET; THENCE EAST 40.0 FEET; THENCE SOUTH 140.00 FEET TO THE PLACE OF BEGINNING, BEING FORMERLY DESCRIBED AS LOT 21 AND THE EAST 15.00 FEET OF LOT 22 IN BLOCK 90 IN SPENCER ADDITION TO THE TOWN OF YUKON, OKLAHOMA. ALSO SHOWN ON THE NEW SURVEY IN EXHIBITS PROPOSED AS TRACT 2: LOTS TWENTY-ONE (21) AND TWENTY-TWO (22), IN BLOCK NINETY (90), OF SPENCER ADDITION, AN ADDITION TO THE CITY OF YUKON, CANADIAN COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF; ALSO KNOWN AS 823 OAK AVENUE. Chairman Horn stated that basically this variance was the same as what was discussed in item 3 in that it was going to conform with the neighboring houses. Vice Chairman Huston stated that the Urban Core was put into place, but she wanted to clarify that it was not intended for the project area. Mitchell Hort asked if she was talking about the lot coverages, and she said yes. He explained that the Urban Core did cover design guidelines in the overlay but that we were working on the lot coverages in a code revision, and they did not apply to this situation. Mitchell explained about porches and garages and showed a picture out of the UDC that showed the porches in front and the garages in the back. Chairman Horn said that Mr. Swift tore down two sub-standard houses on these lots and that the neighborhood got better as soon as he tore them down. Motion: Vice-Chairman Huston motioned to approve this item. Seconded by Buddy Carpenter Vote: Ayes: Horn, Huston, Carpenter Nays: 0 Vote:3-0 Motion Carried 5. ITEM: TO HEAR A REQUEST BY DICK SWIFT FOR A VARIANCE FROM THE STANDARDS IN THE NEWLY ADOPTED UDC FOR NEW RESIDENTIAL CONSTRUCTION PERTAINING TO GARAGES AND PORCHES IN THE URBAN CORE OVERLAY DISTRICT. APPLICABLE SECTIONS ARE AS FOLLOWS: UDC ARTICLE 4, SECTION 411, URBAN CORE OVERLAY, (B) STANDARDS FOR NEW RESIDENTIAL CONSTRUCTION AFTER THE ADOPTION DATE OF THE UDC: (A) GARAGES (I) PRIMARY FACADES OF FRONT-FACING GARAGES SHOULD BE AT LEAST FIFTEEN (15) FEET BEHIND THE PRIMARY FAÇADE OF THE DWELLING. (II) REAR P. O. Box 850500 Yukon, OK 73085 T: 405.354.6676 F: 405.350.8929 www.yukonok.gov  GARAGES CAN BE ATTACHED OR DETACHED. LEGAL: NOW KNOWN AS PART OF THE NW/4 OF SECTION 20, TOWNSHIP 12 NORTH, RANGE 5 WEST OF THE I. M.; BEGINNING 310.00 FEET WEST OF THE SOUTHWEST CORNER OF BLOCK 91, SPENCER ADDITION TO THE TOWN OF YUKON, CANADIAN COUNTY, OKLAHOMA; THENCE WEST 60.0 FEET; THENCE NORTH 140.00 FEET; THENCE EAST 60.0 FEET; THENCE SOUTH 140.00 FEET TO THE POINT OF BEGINNING, FORMERLY THE WEST 10.00 FEET OF LOT 22M AND ALL OF LOTS 23 AND 24, BLOCK 90, SPENCER ADDITION TO THE TOWN OF YUKON, CANADIAN COUNTY, OKLAHOMA. ALSO SHOWN ON THE NEW SURVEY IN EXHIBITS PROPOSED AS TRACT 1: LOTS TWENTY-THREE (23) AND TWENTY-FOUR (24), IN BLOCK NINETY (90), OF SPENCER ADDITION, AN ADDITION TO THE CITY OF YUKON, CANADIAN COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF; ALSO KNOWN AS 825 OAK AVENUE. Chairman Horn stated that this was the same variance as the one before except now we are talking about lot 825 Oak Avenue. Chairman Horn asked visitors who walked in late if they wanted to speak. Virgil Ingerham, a neighbor at 831 Oak Street said he lives on the West side. He wanted to make sure that what is being built is going to fit in with the area since it is the historical part of town. Chairman Horn showed Mr. Ingerham the pictures of what we He said since it was the historical part of town, he thought it would be better if the houses looked more like what was there but that these did look like nice houses. He did not want houses that looked like rental houses. Motion: Vice-Chairman Huston motioned to approve this item. Seconded by Buddy Carpenter Vote: Ayes: Horn, Huston, Carpenter Nays: 0 Vote:3-0 Motion Carried 6. ITEM: TO HEAR A REQUEST BY DICK SWIFT FOR A VARIANCE FROM THE STANDARDS IN THE NEWLY ADOPTED UDC FOR NEW RESIDENTIAL CONSTRUCTION PERTAINING TO GARAGES AND PORCHES IN THE URBAN CORE OVERLAY DISTRICT. APPLICABLE SECTIONS ARE AS FOLLOWS: UDC ARTICLE 4, SECTION 411, URBAN CORE OVERLAY, (B) STANDARDS FOR NEW RESIDENTIAL CONSTRUCTION AFTER THE ADOPTION DATE OF THE UDC: (A) PORCHES (I) ALL NEW DWELLINGS ARE REQUIRED TO HAVE A PORCH OR STOOP OF AT LEAST ¼ THE LENGTH OF THE STRUCTURE’S FRONT FAÇADE. (II) DEPTH OF PORCH SHALL BE NOT LESS THAN FOUR (4) FEET. LEGAL: NOW KNOWN AS PART OF THE NW/4 OF SECTION 20, TOWNSHIP 12 NORTH, RANGE 5 WEST OF THE I. M.; BEGINNING 310.00 FEET WEST OF THE SOUTHWEST CORNER OF BLOCK 91, SPENCER ADDITION TO THE TOWN OF YUKON, CANADIAN COUNTY, OKLAHOMA; THENCE WEST 60.0 FEET; THENCE NORTH 140.00 FEET; THENCE EAST 60.0 FEET; THENCE SOUTH 140.00 FEET TO THE POINT OF BEGINNING, FORMERLY THE P. O. Box 850500 Yukon, OK 73085 T: 405.354.6676 F: 405.350.8929 www.yukonok.gov  WEST 10.00 FEET OF LOT 22M AND ALL OF LOTS 23 AND 24, BLOCK 90, SPENCER ADDITION TO THE TOWN OF YUKON, CANADIAN COUNTY, OKLAHOMA. Chairman Horn asked if there was any discussion. He stated this was just like what they had voted on before, just a different lot and he did not have a problem with it. He called for a motion. Motion: Vice-Chairman Huston motioned to approve this item. Seconded by Buddy Carpenter Vote: Ayes: Horn, Huston, Carpenter Nays: 0 Vote:3-0 Motion Carried 7. ITEM: NEW BUSINESS None 8. ITEM: OPEN DISCUSSION Dick Swift stated that he was really disappointed in the Urban Core Overlay. He said that if he had known earlier about the garages being set back, he would have worked on it. He said another thing that bothered him was the 3500 square foot lots with 80 % coverage. He said he would not want a 6000 square foot barn dominium in his neighborhood. He was offended by the term Urban Core Overlay. He said that this was his home and that we were rural and conservative. He said he did not think we needed this. He understands why someone would want 25% of the front of the house to be porch and why you would want the garage set back but nobody is walking up and down the sidewalk. He did not see the reason for the requirements. The primary one was the 80% coverage on a 25 foot lot. Attorney Rinehart informed Mr. Swift that the Board would not be able to engage with him on the topic because it was not on the agenda. 9. ITEM: ADJOURNMENT – NEXT MEETING MARCH 4, 2024 P. O. Box 850500 Yukon, OK 73085 T: 405.354.6676 F: 405.350.8929 www.yukonok.gov