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BOARD OF ADJUSTMENTCASE REPORT

STR: 9212GZM: 36

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Case Number: BOA-23034

HEAR¡NG DATE: 1210812020 1:00 PM

APPL¡CANT: Tom Neal

ACTION REQUESTED: Variance to allow a detached Accessory Dwelling Unit to exceed one storyor tA ieet in height and to exceed 10 feet in height to the top of the top plate. (Section 90.090-C);Variance reduce the required 35 foot setback from E. 15th St. (Sec. 5.030, Table 5-3)

LOGATION: 1502 S CARSON AVW ZONED: RM-2

PRESE I.JSE: Residential TRACT SIZE: 8015.07 SQ FT

LEGAL DESCRIPTION: ALL LT 1 N.4 LT 2 BK 3, STONEBRAKER HGTS ADDN

RELEVANT US ACTIONS:

Subject Property: None

Surround ing properties :

BOA-21880; On 04.28.2015 the Board approved a Variance of the required síde yard setback from35' to 5' , Variance to reduce the required setback from the centerline of E. 1Sth Street from 70' to 40'

and a Variance to increase the permitted height from 35' to 40'. Property located 1445 S. Carson

RELATIONSHIP TO THE COMPREHENSIVE PLAN: The TuIsa COM prehensive Plan identifies thesubject property as part of an "Existing Neighborhood" and an "Area of Stability""

An Existing Neighborhood is intended to preserve and enhance Tulsa's existing single-familyneighborhoods. Development activities in these areas should be limited to the rehabilitation,improvement or replacement of existing homes, and small-scale infill projects, as permitted throughclear and objective setback, height, and other development standards of the zoning code.

The Areas of Stability include approximately 75% of the city's total parcels. Existing residentialneighborhoods, where change is expected to be minimal, make up a large proportion of the Areas ofStability. The ideal for the Areas of Stability is to identify and maintain the valued character of an areawhile accommodating the rehabilitation, improvement or replacement of existing homes, and small-scale infill projects. The concept of stability and growth is specifically designed to enhance the uniquequalities of older neighborhoods that are looking for new ways to preserve their character and quality

of life. The concept of stability and growth is specifically designed to enhance the unique qualities ofolder neighborhoods that are looking for new ways to preserve their character and quality of life.

9,2REVTSED rt/24/2O2O

ANALYSIS OF SU UNDING AREA: The subject tract is located at the SWc of W. 15th Streetand S. Carson Ave

STAFF COUnit to exceed one story or 18 feet in height and to exceed 10 feet in height to the(Section 90.090-C); Variance reduce the required 35 foot setback from E. 1sth St.

5-3)

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MMENTS: The applicant is requesting Variance to alfow a detached Accessory Dwellingtop of the top plate(Sec. 5.030, Table

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The applicant is requesting a24' high structure and a top plate at 18' 6". The setback from E. 15th

street is proposed at21'.

STATEMENT OF HARDSHIP: Historic House (Early 20th century), no longer has garage. Needs onefor safety and security (proximity to 1Sth and Denver QuikTrip). Second Floor Garage apartmentwould allow for family visits without covering all of small urban lot. Because of 35' arterial StreetSetback , 213 of lot is unbuildable , also new rear porch mudroom to fix very dangerous (non-

conforming ) stairs.

9,9

35 35 :t5 35 :ts :15 x 35:t5 35 :15 35?Û 25 to 25 t5 to 25:15 :15 :to 25 2t

5 sI6t stq 5f6l 5[71!5 5 5 5 5 520 Tß TO to $r25 25 240 !0 3tt !025

SAMPLE MOTION:

REVTSED ß/24/2O2O

Move toexceed one story or 18 feet in height and to exceed 10 feet in height to(Section 90.090-C); Variance reduce the required 35 foot setback from E. 1

5-3)o Finding the hardship(s) to be .

a Per the Conceptual Plan(s) shown on page(s) _ of the agenda packet.

(approve/deny) a Variance to allow a detached Accessory Dwelling Unit tothe top of the top plate.

sth St. (Sec. 5.030, Table

Subject to the following conditions

ln granting the Variance the Board finds that the following facts, favorable to the property owner,have been established:

a. That the physical surroundings, shape, or topographícal condítions of the subiect propertywould result in unnecessa4f hardshíps or practical difficulties for the property owner, asdistinguished from a mere inconvenience, if the strict letter of the regulations were carried out;

b. That titerat enforcement of the subject zoning code provision is not necessary to achieve theprovision's intended purpose;

c. That the conditions leading to the need of the requested variance are unique to the subiectproperty and not appticabte, generally, to other property within the same zoning classification;

d. That the atteged practicat difficutty or unnecessary hardship was not created or self-imposedby the current property owner;

e. That the variance to be granted is the minimum variance that will afford relief;

f. That the variance to be granted witl not alter fhe essential character of the neighborhood inwhich the subject property is located, nor substantially or permanently impair use ordevelopment of adjacent property; and

g. That the variance to be granted wíll not cause substantial detriment to the public good or impair thepurposes, spirit, and intent of this zoning code or the comprehensive plan."

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REVTSED r!/24/2O2O

Subject property at the SWc of 75th and Carson.

8,5

Mr. White stated that he is concerned aboutthe hardship because2%years ago Mr.

Reynolds came before the Board requesting the lot be reduced from 60 feet down to 50

feet. Mr. Reynolds acknowledged that he had done that. Mr. Reynolds stated that by

doing so made the lot consistent with what is in the neighborhood. Mr. White stated thathe has a little trouble with a self imposed hardship but he has no problem with theapplícation. Mr. Reynolds stated that he does not believe it is self imposed because it isa standard width and the driveway is 19 feet wide with a standard two-car garage whichis typical of houses. Mr. Reynolds stated that he agrees with Mr. White in that it doeshave a self imposed concept.

lnterested Parties:There were no interested parties present.

Comments and Questions:None.

Board Action:On fVtOflOtt of VAN DE WIELE, the Board voted 4-0-0 (Henke, Snyder, Van De Wiele,White "aye"; no "nays"; no "abstentions"; Tidwell absent) to APPROVE the request for aVariance of the allowed coverage of the required front yard in the RS-3 District from34o/o to 38% (Section 1303.D), subject to conceptual plan 10.18. The Board has found

that the lot at 50 feet in width is consistent with lot widths in the neighborhood, and thedriveway coverage is typical of what is found for properties and homes this size, and theVariance from 34o/o to 38% to be justified based on those circumstances. Finding by

reason of extraordinary or exceptional conditions or circumstances, which are peculiar

to the land, structure or building involved, the literal enforcement of the terms of theCode would result in unnecessary hardship; that such extraordinary or exceptionalconditions or circumstances do not apply generally to other property in the same use

district; and that the variance to be granted will not cause substantial detriment to thepublic good or impair the purposes, spirit, and intent of the Code, or the ComprehensivePlan; for the following property:

WIzLT 7 BLK 3, OLIVERS ADDN, CITY OF TULSA, TULSA COUNTY, STATE OFOKLAHOMA

2188O-llllatt Kinq r-,, i', i frtìiiå rLt" [rr,ll ]i

Action Requested:Variance to réduce the required south side yard setback from 35 feet to 5 feet

isect¡on +03.A, Table 1); Variance to reduce the setback from the centerline of East

15th Street from 70 feet to 40 feet (Section 403.4, Table 1); Variance to increase thebuilding height from 35 feet to 40 feet (Section 403.4, Table 1) to permit a three unitmulti-family structure. LOGATION: 1445 South Carson Avenue (CD 4)

04128/201s-n 38 (17)

8,\o

ÞDA- ¿rE8o fl åtil t0F'¡Mr. Van .De Wiele informed the Board members that he was contacted by an

interested party on this case. This party left a voice mail at work and Mr. Van De

Wiele has not spoken to that party. Mr. Van De Wiele does not believe that to be a

conflict of interest that would require recusal.

Presentation:Mattfr-gfl3 East 15th Street, Tulsa, OK; stated this property has been before theBoard beiore and it appears there are very few if any objections so the neighborhood

concerns were apparently satisfied. The hardship is the setback requirements. lnitiallythis caSe was before the Board for four units and it is now three units. The building has

also been sat back a little farther from the street. The proposed building will be two

bedroom units. A lot of the concerns prior to today was the traffic generated on the

street, and it¡is not anticipated to be a problem. lf there are visitors it would be no

different than anyone else living in the neighborhood. Mr. King had a concept drawingplaced on the overhead projector to show concept design. The intent is to design a

building that is compatible with the neighborhood. The concept building will be three

stories and the actual building will be no more than three stories. The existing retaining

wall on 15th Street will be utilized.

Mr. Henke asked Mr. King if he met with the neighbors. Mr. King stated that he

personally did not on this particular design.

Mr. Henke asked Mr. King about the parking for the proposed building. Mr. King stated

the building will have rear parking garage for two cars. The cars will be pulled into thegarage from the alley. The units have been limited to two bedrooms just so there

cannot be a family of five living there with the possibility of four or five cars for the one

household.

Mr. Van De Wiele stated that he understands the owner does not want to be tied to the

exact print that is on overhead projector, but conceptually is it something similar? Mr.

King stated the previous design was a box and that is not being done in this design

because the intent is to pick up some of the elements of the neighborhood.

Mr. King stated this is not an inexpensive proposition and Mr. Menge does not want togo through any great expense until he has the Board's approval. Mr. King stated thatthe imagé on the overhead projector is let the Board know that Mr. Menge is attempting

to pick up elements from the neighborhood. Each one of the facades is made up a littledifferently so there will be some unique characteristic feature about each unit. Theconcept drawing is to show the Board that the building will not be a big box but will be

characteristic of the neighborhood.

lnterested Parties:@SouthCarson,Tulsa,oK;statedhedidspeakwiththeneighborsand the immediate neighbors are in favor of the building. The Riverview Home Owners

04128/201s-1138 (18)

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Association is not in attendance today so he believes they are happy wíth the smallerunits.

Mr. Henke asked Mr. Menge if he had met with Mr. Demetrius Bereolos and if Mr.

Bereolos is supportive. Mr. Menge stated that he has met wíth Mr. Bereolos and he

believes Mr. Bereolos is supportive by the fact that he is not in attendance today.

Gomments and Questions:ffidstaffifthewords..archtiecturalstyle''canbeusedinthemotionif it is approved. Ms. Miller stated that if this is approved it then goes to the buildingpermit ofiice and they do not do disgressionary review, so they will not know how'todeal with that type of terminology.

Board Action:Orl fVlOflO¡ã SNYDER, the Board voted 4-0-0 (Henke, Snyder; Van De Wiele, White"aye"; no "nays"; nO "abstentions"; Tidwell absent) to ÆPROVE the request for aVariance to reduce the required south side yard setback from 35 feet to 5 feet (Section4034 Table 1); Variance, to reduce the setback from the centerline of East 15'n Street

from 70 feet to 40 feet (Section 403.4, Table 1); Variance to increase the building heightfrom 35 feet to 40 feet (Section 403.4, Table 1) to permit a three unit multi-familystructure, subject to conceptual plan 11.16 more specifically with the two-car per unit

rear loading garage. This lot with the existing setbacks is not able to be developed and

that'is the hãrdsñip for this case. Finding by reason of extraordinary or exceptionalconditions or circumstances, which are peculiar to the land, structure or buildinginvolved, the literal enforcement of the terms of the Code would result in unnecessaryhardship; that such extraordinary or exceptional conditions or circumstances do not

apply generally to other property in the same use district; and that the variances to be

granted will not cause substantial detriment to the public good or impair the purposes,

spirit, and intent of the Code, or the Comprehensive Plan; for the following property.

LT 36 BLK 2, CARLTON PLACE, CITY OF TULSA, TULSA COUNTY, STATE OF

OKLAHOMA

21882-Brian Casement

Action Requested:Spec¡al gxcept¡on to permit storage of asphalt millings.Use Unit 2) in the AG District

@te i¡. l-oceäotr¡: swc East 11th street & south 193'd East

Avenue (CD 6)

Presentation: t

Rãñ-õgæhenryood Construction, 9950 East 77th Street, Tulsa, OK; stated the

asphalt millings are a by-product of construction. They become a green product when

they are reusèd as a sub-grade material on the development of a parking lot. The

owñer of the subject property is going to develop the lot later with a time frame

04t28/2ots-t 138 (le)

Jeff S.Zoning

TaylorOfflcial

Plans Examiner lllTEL(918) 596-7637

jstaylor@cityoft ulsa.org

Tom NealDesigntdlneal@gmail.com

APPL| CATION NO : ZCO 7 0853'2020oFFtcE)Project Location: 1502 S Carson Ave WDescription: Accessory Building

DEVELOPMENT SERVICES175 EAST 2Nd STREET, SUITE 450

TULSA, OKLAHOMA 74103

ZONING CLEARANCE PLAN REVIEW

1011312020

(PLEASE REFERENCE TH tS NU MBER WHEN CONTACTING OUR

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1

OUR REVIEW HAS IDENTIFIED THE FOLLOWING CODE OMISSIONS OR DEFICIENCIES IN THE

PROJECT APPLICATION FORMS, DRAWINGS, AND/OR SPECIFICATIONS. THE DOCUMENTS SHALL

BE REVISED TO COMPLY WITH THE REFERENCED CODE SECTIONS.

REVISIONS NEED TO INCLUDE THE FOLLOWING:1. A COPY OF THIS DEFICIENCY LETTER2. A WRITTEN RESPONSE AS TO HOW EACH REVIEW COMMENT HAS BEEN RESOLVED

3. THE COMPLETED REVISED/ADDITIONAL PLANS FORM (SEE ATTACHED)

4. BOARD OF ADJUSTMENT APPROVAL DOCUMENTS, IF RELEVANT

REVISIONS SHALL BE SUBMITTED DIRECTLY TO THE CITY OF TULSA PERMIT CENTER LOCATED

AT 175 EAST 2Nd STREET, SUITE 450, TULSA, OKLAT{OMA 74103, PHONE (918) 596-9601.

THE CITY OF TULSA WILL ASSESS A RESUBMITTAL FEE. DO NOT SUBMIT REVISIONS TO THE

PLANS EXAMINERS.

SITBMITTALS FAXED / EMAILED TO PLANS EXAMINERS WILL NOT BE ACCEPTED.

1, IF A DESIGN PROFESSIONAL IS INVOLVED, HIS/HER LETTERS, SKETCHES, DRAWINGS, ETC.

SHALL BEAR HIS/HER OKLAHOMA SEAL WITH SIGNATURE AND DATE.

2. SUBMTT TWO (2) SETS OF DRAWTNGS tF SUBMITTED USING PAPER, OR SUBMIT ELECTRONIC

REVISIONS IN 'SUPPORTING DOCUMENTS', IF ORIGINALLY SUBMITTED ON-LINE, FOR

REVISED OR ADDITIONAL PLANS. REVISIONS SHALL BE IDENTIFIED WITH CLOUDS AND

REVISION MARKS.

3. TNFORMATION ABOUT ZONtNc CODE, |NDIAN NATION COUNCIL OF GOVERNMENT (INCOG),

BOARD OF ADJUSTMENT (BOA), AND TULSA METROPOLITAN AREA PLANNING COMMISSION(TMAPC) IS AVAILABLE ONLINE AT WWWIIYÇAC'OBç OR AT INCOG OFFICES AT2W.2nd ST.,8th FLOOR, TULSA, OK,74103, PHONE (918) 584-7526.

A COpy OF A "RECORD SEARCH',lÃllg f lts NoT TNCLUDED wlTH THIS LETTER. PLEASEPRESENT THE "RECORD SEARCH" ALONG WITH THIS LETTER TO INCOG STAFF AT TIME OFAPPLYING FOR BOARD OF ADJUSTMENT ACTION AT INCOG. UPON APPROVAL BY THE BOARD OFADJUSTMENT, INCOG STAFF WILL PROVIDE THE APPROVAL DOCUMENTS TO YOU FOR IMMEDIATE

SUBMITTAL TO OUR OFFICE. (See revisions submittal procedure above.).

(continued)

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COMMENTSREVIEW

SECTIONS REFERENCED BELOW ARE FROM THE CITY OF TULSA ZONING CODE TITLE 42 AND CAN BE VIEWED AT

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Note: As provided for in section 70.130 you may request the Board of Adiustment to grant a variance from the

terms of the Zonlng code requirements identifiãd in the letter of deficiency below. Please direet all questlons

concerning variances, special exceptions, appeals of an administrative official declsion, Master Plan

Developments Districts (mþo), planneú unit Developments (PUD), Corridor (co) zoned districts, zoning changes'

platting, lot splits, lot combinations, alternative compliance landscape and acreening plans and all questions

rogarding (BoA) or (TMAPC) application forms and fees to an INGOG representative at 584'7526. lt ls your

responslbility to submit to our offices documentation of any appeal decisions by an authorized decielon making

body affecting tho status of your applicatlon 8o we may contlnue to process your application' INGOG does not act

as your legal or responsiblaagent in submitting documents to the City of Tulsa on your behalf'

$taff review comments may sómetimes identify comptiance mêthode as provided in the Tulsa Zonlng code' The

permit applicant ¡s responsible for exploring alior any options available to address the noncompliance and submit

tho selectod compliante option for review. staff review makes neither representation nor recommendatlon as to

any optimal method of code solution for the proiect'

1. g0.90.C: Detached Accessory Buildings. Detached accessory buildings may be located in th^erear

setbacks ¡n nÈ, Rs ano RD diðtricts, pro-vided that the building does not exceed one story or 1B feet

in height and is not more than 10 feet in height to the top of the top plate'

Review Comments: Revise plans to indicate that the detached accessory building will not exceed ,

one story or 1g feet in height and is not more than 10 feet in height to the top of the top plate or apply

to the BOA for a varianceio allow an accessory structure to exceed one story and 18 feet in height

and more than 10 feet in height to the top of the top plate'

2. @: ln the RM-2 zoned district the minimum side yard setback from an arterial street shall be 35

feet from tne s¡oe p.p"rtv line plus 35' ROW width from center of street to the proposed garage for a

total side street seiback of 70' from center of 15th street.

Review Comments: Revise your plans to indicate a 35' side setback to the property line and a 70'

setback from center of 15rh street ór apply to lNcoc for a variance to allow less than a 35' side

setback and a 70' setback from center of 1Sth street'

Chaney 918-694-4196

This letter of deficiencies covers Zoning plan review items only. Youmay receive.additional letters from other

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Note: All references are to the City of Tulsa Zoning Code. Kink to Zoning Code:

http :www.tmapc.org/ôocumentsff ulsaZon i ngCode'pdf

plans,revisionsmustffi@onsmustbesubmittedonline

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END .ZONING COÐE REVIEW

NOTE: THIS CONSTITUTES A PLAN REVIEW TO DATE IN RESPONSE TO THE SUBMITTED INFORMATION ASSOCIATED WITH

THE ABOVE REFERENCED APPLICATION. ADDITIONAL ISSUES MAY DEVELOP WHEN THE REVIEW CONTINUES UPON

RECEIPT OF ADDITIONAL INFORMATION REQUESTED IN THIS LETTER OR UPON ADDITIONAL SUBMITTAL FROM THÊ

APPLICANT.

KEEP OUR OFFICE ADVISED OF ANY ACTION BY THE CITY OF TULSA BOARD OF ADJUSTMENT OR TULSA METROPOLITAN

AREA PLANNING COMMISSION AFFECTING THE STATUS OF YOUR APPLICATION FOR A ZONING CLEARANCE PERMIT.

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