Mike Thedford

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AGENDA CITY OF TULSA BOARD OF ADJUSTMENT Regularly Scheduled Meeting Tulsa City Council Chambers 175 East 2nd Street, 2nd Level, One Technology Center Tuesday, May 22, 2018,1:00 P.M.

Meeting No. 1206

CONSIDER, DISCUSS AND/OR TAKE ACTION ON:

1. Approval of Minutes of May 8,2018 (Meeting No. 1205)

UNFINISHED BUSINESS None.

NEW APPLICATIONS

2 22441 -Ch ristopher Granados Modification to a previously approved Special Exception (BoA-21591) to permanently allow a vehicle repair/maintenance use in a CS District (Section 15.020). LOCATION: 11426East21stStreet South (CD 6) 3. 22442-Amv Peters Soecial otion to allow a Commercial/Assembly & lndoor Entertainment use (large capacity over 250) in a CS District (Section 15.020). LOCATION: 3502 East SlstStreet South (CD 9) 4. 22443-BillvThompson Soecial ton to permit a carport in the street setback (Section 90.090-C.1) LOGATION: 8933 East Oklahoma Street North (CD 3) 5. 22444-Jav Kinqslev Variance to permit a swimming pool to be located within the street setback (Section 5.030-4, Section 90.090-C). LOGATION: 2929 East 56th Place South (cD e)

6 22445-Wallace Enqineerinq - Mike Thedford Variance of the required street setback from South Birmingham Avenue (Section 5-030-A); Variance to permit a retaining wall within the City of Tulsa street righl of-way (Section 90.090-A). LOGATION: 1803 South Birmingham Avenue East (cD 4)

OTHER BUSINESS

NEW BUSINESS

BOARD MEMBER COMMENTS

ADJOURNMENT

Website: www.cityoftulsa-boa.org E-mail: [email protected]

GD = Council District

NOTE: lf you require special accommodation pursuant to the Americans with Disabilities Act, please notify INCOG (918)584-7526. Exhibits, Petitions, Pictures, etc., presented to the Board of Adjustment may be received and deposited in case files to be maintained at Land Development Services, INCOG. $! electronic devices MUST be silenced during the Board of Adjustment meeting.

NOTE: This agenda is for informational purposes only and is not an official posting. Please contact the INCOG Office at (9f B) 584-7526 if you require an official posted agenda. THIS PAGE

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Feet -?. I 0 200 400 BOA-22441 19-14 17 BOARD OF ADJUSTMENT CASE REPORT

STR: 9417 Case Number: BOA-22441 CZM: 39 GD: 6 A.P#:

HEARING DATE: 0512212018 1:00 PM

APPL¡CANT: Christopher Granados

ACTION REQUESTED: Modification to a previously approved Special Exception (BOA-21591) to permanently allow a vehicle repair/maintenance use in a CS District (Section 15.020)

LOCATION: 11426 E 21 ST S ZONED: CS

PRESENT USE: Auto repair shop TRACT SIZE: +11.25 acres

LEGAL DESCRIPTION: LT 1 BLK 1, RICHARD HENRY ADDN, BURRIS SQUARE, LESLIE LEIGH ADDN, BRIANA ANN ADDN RESUB L1 81 LESLIE LEIGH ADDN

RELEVANT PREVIOUS AGTIONS : Subiect Propertv: BOA 21591: on7.23.13 the Board approved a Special Exception to allow for a auto repair shop (Use Unit 17) in a CS district (Section 701) with a S-year time limit.

BOA 20659; on 4.8.08 the Board approved a Special Exception to permit automobile repair in a CS district with conditions.

BOA 20060; on 6.28.05 the Board approved a Special Exception to permit automotive repair in a CS zoned district with conditions.

RELATIONSHIP TO THE COMPREHENSIVE PLAN: The Tulsa Comprehensive Plan identifies the subject property as part of a "Town Center" and an "Area of Growth."

Town Genters are medium-scale, one to five story mixed-use areas intended to serve a larger area of neighborhoods than Neighborhood Centers, with retail, dining, and services and employment. They can include apartments, condominiums, and townhouses with small lot single family homes at the edges. A Town Center also may contain offices that employ nearby residents. Town centers also serve as the main transit hub for surrounding neighborhoods, and can include plazas and squares for markets and events. These are pedestrian-oriented centers designed so visitors can park once and walk to number of destinations.

The purpose of Areas of Growth is to direct the allocation of resources and channel growth to where it will be beneficial and can best improve access to jobs, housing, and services with fewer and shorter auto trips. Areas of Grovr¡th are parts of the City where general agreement exists that development or redevelopment is beneficial. e,a REVTSEDs/141201 I ANALYSIS OF SURROUNDING AREA: The subject property abuts residentially zoned properties to the east and south; CS zoned tract to the north and west.

STAFF COMMENTS: The applicant is before the Board requesting a modification to a previously approved Special Exception to permanently allow a vehicle repairl maintenance use in a CS district. As shown on the attached minutes, the Board has consistently approved the special exception to permit an automobile repair shop with time limits at this location. The subject property is already being utilized for vehicle repair and services. No physical alterations to the subject property are proposed with this application.

The site and building currently operate as an automotive repair business under a Special Exception granted by the Board (BOA-21591) with a S-year time limit that will expire in July 2018. The detached building is within a larger shopping center and is located on the northeast portion of the property.

As the automobile repair use was permitted by special exception the Board may consider utilizing the same criteria - ensuring the proposed modification is consistent with the intent of the original (or previous) approval(s). lf inclined to approve the Board may consider any conditions it deems necessary and reasonably related to the request to ensure that the site modification is compatible with the surrounding context. The previous meeting minutes for BOA-21591 are attached for ease of reference pertaining to previous conditions imposed.

Sample Motion

The Board finds that the requested Special Exception will be in harmony with the spirit and intent of the Code, and will not be injurious to the neighborhood or othenruise detrimental to the public welfare.

Move to (approve/deny) a Modification to a previously approved Special Exception (BOA-21591) to permanently allow a vehicle repair/maintenance use in a CS District (Section 15.020).

a,3 REV|SED5/1 4/201 I Mr. Henke re-entered the meeting at 2:48 P.M.

21591-Daniel Miranda TffPY Action Regueste-É, T!1il Special Exceotion to allow for auto re.p air shop (Use Unit 17) in a CS district (Section ZOtl fgCATlONr 11426 East 21tt Street South, Tenant Space: 11682 East 21'I Street South, Unit B (CD 6)

Presentation: nrtr¡ro SalA¡var, 10860 East 33'd Court, Tulsa, OK., interpreter for Mr. Daniel Miranda; stated Mr, Miranda moved into the unit in March and was not aware that he needed a special exception to have an auto repair shop because he was aware there had been a previous exception granted. He is now before the Board taking the steps necessary to receÍve a special exception for his auto repair shop.

Mr. Henke asked Ms. Back if this request is for an extensíon to a previous special exception. Ms. Back stated the previous special exception had expired as stated in the case report, and he is now under violation. lnterested Pa4ies: @South117rhEastAvenue,Tulsa,oK;statedthesubjectareais unique. The area has transients and drug traffic that the area residents are leary of. The area also has low-lncome apartments designed for families, and the subject center is the only place children have to safely cross the street, He supports the proposed business and he thinks the neighbors would be happy if the same restrictions that were previously placed on the previous special exception could be maintained.

Rebuttal: Mr. Saldivar came forward. Mr. White asked Mr. Saldivar if Mr. Miranda could abide by the conditions placed on the previous special exception, and Mr. White read the previous conditions. Mr. Saldivar consulted with Mr. Miranda, and stated that Mr. Miranda could abide by the conditions that were read.

Comments and Questions: None.

Board.Action: On MOTION of WHITE, the Board voted 5-0-0 (Henke, Snyder, Tidwell, Van De Wiele, White "aye"; nO "nays"; nO "abstentions"; nOne absent) to APPROVE the reqUest fOr a Special Exception to allow for auto repair shop (Use Unit 17) in a CS district (Section 701). The legal description covers the entire shopping center and he is going to limit this motion to the physical building located 11682 East 21" Street, Unit B. This approval is subject to a períod of five years from today's date of July 23,2013. This

07123/2013-t098 (17) a,4 Frr-il ffiffiPY ßo A-PrEqt approval will be limited to autom obile repair only; no outside storage of materials, batteries, parts or pieces; no repair work to be performed outside of the six service bays; no more than six customer vehicles awaiting for repair in the parking lot in front of the business; the applicant is to keep the lot clean of trash and shopping carts; and no illegal disposal of solvents. Finding the Special Exception will be in harmony with the spirit and intent of the Code, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare; for the following property:

LT I BLK 1, BURRIS SQUARE, CITY OF TULSA, TULSA COUNTY, STATE OF OKLAHOMA

21 592-Rodnev Penderqrass

Action Requested: Soecial Exception to allow a carport in the required front yard setback (Section 210.8.10.g); Variance from the maximum allowed carport size from 20 feet x 20 feet to 30 feet x 24leet (Section 210.8.10.a); Variancg of maximum height from 8 feet to 9 feet at its perimeter (Section 210.8.10.d); Variance from extending 20 feet into the required front yard to 30 feet from the existing principal building (Section 210.8.10.c); Variance from the requirements that all sides of a carport shall be open and unobstructed (Section 210.8.10.e). LOCATION: 547 South Maplewood Avenue East (CD 5)

Presentation: Rodney Pendergrass, 547 South Maplewood Avenue, Tulsa, OK; stated the President of the homeowner's association has sent him a letter stating there are no by-laws restricting carports, and he has e-mailed a copy of the letter to Carolyn Back. He has planted crepe myrtles on each side of the carport, four plants per side, to help camoflage the carport.

Mr. White stated that he does not recall ever having a carport case come before the Board that has enclosed sides, and he has been on the Board for 16-112 years. He is having great difficulty with this case. His first thought when he saw the carport was that it looked like a covered bridge with a garage on one end. The carport is big. Mr. White asked Mr. Pendergrass if he had considered installing a driveway in the rear, since he is iocated on a corner, and having the carport in the back yard. Mr. Pendergrass stated that his garage is located on the front of his house so he naturally had the carport installed on the front.

After completing construction of the carport Mr. Pendergrass stated that even he thought the carport looked like a big billboard, that is why planted the crepe myrtles to cover the sides and expects that in three years the walls of the carport will not even be seen because of the growth of the crepe myrtles.

07t23t2ot3-r098 (18)

o?,9 Mr. White interjected, noting the wording of the was from the previous hearíng.

Ms. Stead Withdrew her Motion.

On Motíon of Whits, the Board 5-0-0 White, Stephens, Henke, Stead, Tidwell "aye"; no "nays"; no no "absences") to APPROVE a Special Exception to modiff the permitted height of a fence in the required front yard in an RS-3 district ft. to 6 ft. (Section 210.8,3), per plan submitted, as shown on page 3.7 of agenda packet, finding the special exception will be Ín harmony with the and intent of the code and will not be injurious to the neighborhood, or detrimental to the public welfare, on the following described

LT8 2, MODERN HGTS, City of Tulsa, Tulsa County, State of Oklahoma **********

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,t, Gase No. 20659 Action Requested: Special Exception to permit automobile repair (Use Unit 17) in a CS district (Section 701), located: 11682 East 21sr Street,

Presentation: Chanh Thanh Lam, stated his request.

Comments and Questions: Ms. Stead ccinfirmed that he wanted an extension of time for the approval. He stated the lease is for eight years. He obtained a lease in January 20A7. He responded to Mr. White that he did not have the conditions to the approval of thís use. Mr. Cuthbertson stated the conditions would have been attached to hís and conditions have exPiredZoning Clearance Permit. He added tll[that the originalapproval lnterested Parties: o[lPT @South117thEastAvenue,Tulsa,oklahoma7412g,pointedout where he lives. He did not have any objection as long as the property is kept up. He mentioned a couple of inoperabte vehicles parked at or near the property.

Ms. Stead asked M,r. Lam if he has contracted to fix the inoperable truck. He has not been able to contact the owner of the truck. He planned to put a "lien sale" on the truck.

04:08:08:977 (3) e,v Board Action: FIL E COP Y On Motlon of Stead, the Board voted 5-0-0 White, Stephens, Henke, Stead, Tidwell "aye"; no "nays"; no "abstentions"; no "absences") to APPROVE a Special Exception to permit automobile repair (Use Unit 17) in a CS district (Section 701), with conditions of: approval fora period of five years atthe locatlon of 11682-8 East 21!tStreet, pertainlng to the automobile repdir unit only; no outside storage of materials, batteries, parts or pieces; no repair work outside of the six service bays; no more than six customer vehicles awaiting repair in the parking lot in front of the business; to keep the lot clean of trash and shopping carts; no illegal disposal of solvents; finding the special exception will be in harmony with the spirit and intent of the code and will not be injurious to the neighborhood, or otherwise detrimental to the pubfic welfare, on the following described property:

LT 1 BLK I, BURRIS SQUARE, City of Tulsa, Tulsa County, State of Oklahoma

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pecial to permit a mini-storage facility (Use Unit 16) in a CS district; a Special to remove the screening requirement for a Use Unít 16 use from anRd the north and south boundary of the proposed míni-storage facility (Section 212 ); and a Variance of the requirement for frontage on an aÉerial street for a Unit 16 use (Section 1216.C.3), located: 62A2 South Sheridan Road.

Presentation: Lou Reynolds ,2727 21't Street, stated the west portíon of the property was approved for a i-storage facility and a parallel building that has been built out for a mini-storage They need a special exception of the screening requirement on the north s of the property for mini-storage. They proposed to build a two-story building, previously obtained a rnutual access easement to Sheridan but they do not frontage on Sheridan. The site plan is (Exhibít C-1).

lnterested Parties: There were no interested parties who to speak.

.Comments and Questions: Mr. Tidwell asked if they still have the m access easement, to which Mr. Reynolds replied that they do.

Board Action: On Motion of White, the Board voted 5-0-0 (Wh Stephens, Henke, Stead, Tidwell "aye"; no "nays"; no "abstentions"; no ") to APPROVE the Special Exception to permit a mini-storage facility (Use 16) in a CS distríct; a

04:08:0E:977 (4) o?, rl LT I BLK 6, LT I BLK 6, BELLVIEW ADDN, city of rulsa, Tulsa county, state of Oklahorna **********

Gacr Ho, t0060 Action Requested: Special Exception for automobile repair in a CS zoned district - SECTION 201 - Use Unit 17, located: 11426 East 21sr Street South.

Presentation: Loc Tram, 11682 East 21't Street South, #8, ,.r{d.to have an auto repair shop. {t'f, Comments and Questions: ,Q^ umerousdisabledvehiclesonÈå&inglot.Mr.Tram replied they belong to customers that brought their car ¡n anr'frÉ,clould not afford pay to for repairs. He applíes for Title 42lo do with the vehfÉiãas he chooses. Mr. Dunham inquired about the kind of work he does. Mr. Tram replied he repairs conditioning, air motor rebuilding and electrical jobs, Ms. Stead asked if he operates any type of wrecker seruice, to which he replied that he does not. ln answer to questions from the Board Mr. Tram informed them that he has someone else process Title 42 for him. He stated he would do the best he could to get-on the abandoned vehicles off the lot. He estimated the abandoned vehícles are the lot about 60-90 days, He has been running this business for four years. He informed the Board that he applied for the special exception because he received a notice of violation,

lnterested Parties: Louis Dillon, 2142 south 117th, submitted photographs (Exhibit B-1). He contested his taxes and they lowered his property taxes because he lived near this business.

Debbie squlres, 13516 E. 3grh st., stated she is a property manager for Mr, and Mrs.Earl Sauer, who are out-oÊstate investors. They are opposèO to a zoning change and an auto repair shop.

Rapheal Ptanos, 5209 South 66th, stated he owns the shopping center across the street and opposed the business. He was concerned about tñe accumulation of inoperable vehicles.

Comments and Questions: The Board members díscussed limiting the number of inoperable vehicles on the lot. fulr, Tram responded that knowing this he would make sure to remove the cars quickly.

l)ó:18:05:9 ti {-l) Â,8 Fgard Actígn: On Motion of Paddock, the Board voted 4-0-0 (Du Henke, Stead "aye"; no "nays"; no "abstentions"; Stephens "a a Special Exception for automobile repair in a CS zoned dÍstrict - N 701 - Use Unit 17, subject to the following conditions: no outside storage rials; no repair work outside the six service bays; no more than six icles awaiting repair, parked on the parking lot in front of the business; to the lot clean of trash and shopping carts; and limit this approval to two years, finding it will be in harmony with the spirit and intent of the code and will not be injurious to the neighborhood, or othen¡vise detrimental to the public welfare, on the following described property:

LT 1 BLK 1, BURRIS SQUARE City of Tulsa, Tulsa County, State of Oklahoma

********t*

Case No.20062 Action Requgsted: Special Exception to allow a school related use (Use Unit 5) in an RS-2 district and approval of an amendrnent to an approved slte plan, located: 6410 South Yorktown Avenue.

Presentatioq: The applicant was not present. Staff was asked to contact the applicant by phone. The case was moved down on the agenda.

Interested Parties: There were several parties present. tl*¡*à***t

Casg No.20063 Action Requestgd: Variance of the setback for a projecting sign from the required 40 feet to 37 feet (Section 1221 .C.6),located: 514 South Boston Avenue. &ges!s!!s: B. R. R¡tzhaupt, 3527 South Trenton, had done some research and was awaiting approval by the Board.

Comments and Questions: fVls. Stead asked how high the bottom of the sign would be from the sidewalk. Mr. Ritzhaupt estimated 12' above the sidewalk, She suggested it should be higher. tvlr, Paddock agreed that it should be higher.

06:2S:0J:91.3 ti t å.q BOA-21591

Free-Standing Building on Mall Parcel Previously approved by BOA for Auto Repair Shop with 5 year time limit.

11682 E 21st St - looking southeast

Larger Strip Mall on Subject Property

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Boord of 2 Wesi Second Slreel Suitê 8OO I fulso, OK 74103 | 918.584.7526 | www.cltYoltuls(,-boo'org

January 10,2018

Daniel Miranda 11682 E.21st ST., #B Tulsa, OK74129

RE: Board of Adjustment Gase No.: 21591 Address of Property: 11426 E 21 Street S

Hello:

The approved special exception by City of Tulsa Board of Adjustment (BOA) will expire in 201'8. The records of your BOA approval are attached; our records indicate you to be the original applicant and/or the property owner.

You are required to apply to the BOA to extend the time limit of the special exception

To request an extension of the approved special exceptibn please submit a BOA application to INCOG at the office located at 2 West Second Street, Suite 800, in Tuisa, OK 74103. To avoid enforcement action of the Tulsa Z..oning Code you a.r9 required to go before the Board to request an extension of iñg*,epproved special exception. "" ,

lf you have questions feel free to call me at 918-584-7526

.$'

CP Board of Adjustment Administrator

CG: Ut Van Le & Loi Van Thi 9943 E. 97th Street S. Tulsa, OK74113

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Feet 0 200 400 BOA-22442 -3,\ 19-13 33 BOARD OF ADJUSTMENT CASE REPORT

STR: 9333 Case Number: BOA-22442 CZM:.47 GD: 9 A.P#:

HEARING DATE: 0512212018 1:00 PM

APPLICANT: Amy Peters

ACT¡ON REQUESTED: Special Exception to allow a Commercial/Assembly & lndoor Entertainment use (large capacity over 250) in a CS district. (Section 15.020)

LOCATION= 3502 E 51 ST S ZONED: CS

PRESENT USE: Vacant Commercial Space TRACT SIZE: +18.54 acres

LEGAL DESCRIPTION: LT 1 LESS W50 5167.28 & LESS 850 N125 & LESS BEG 2725 NWC LT 1 TH E APR 34.81 S APR 3.04 SW127.48 5W220.23 N APR 348.07 POB & LT 3 LESS TR BEG NWC LT 3 TH E2O9 5174 W35 55 W25 S5O E6O S43 W2O9 N272 POB BLK 1, LOU NORTH WOODLAND ACRES 2ND ADDN, ENIX GROVE ADDN, SOUTHERN HILLS MALL ADDN AMD, CRESCENT PARK ADDN, WATERFORD, SOUTHERN HILLS MALL SECOND ADD RSB PT 81 SO HILLS MALL

RELEVANT PREVIOUS AGTIONS: None Relevant.

RELATIONSHIP TO THE COMPREHENSIVE PLAN: The Tu|sa CoMprehensive Plan identifies the subject property as part of a " Town Center" and an "Area of Growth".

ANALYSIS OF SURROUND¡NG AREA: The subject property abuts E. 51st St. S. to the north; S. Harvard Avenue to the west; a residential multi-family use to the south; and a mix of commercial and residential to the east.

3,2- REV|SED5/16/20'18 STAFF GOMMENTS: The applicant is before the Board requesting a special exception to permit a event center/ indoor trampoline park (lndoor Assembly & Entertainment greater than 250 persons capacity) in the CS district.

The applicant is proposing to convert a portion of the existing, now vacant grocery store, shown on the attached site plans and photos into an event center/ indoor trampoline park. A special exception is required due to the potential adverse affects of the proposed lndoor Assembly & Entertainment use in the CS district; however if controlled in the particular instance as to its relationship to the neighborhood and to the generalwelfare, may be permitted.

Sample Motion

Move to (approve/deny) a Special Exception to allow a Commercial/Assembly & lndoor Entertainment use (large capacity over 250) in a CS district. (Section 15.020)

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

. Subject to the following conditions (including time limitation, if any):

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DARRYL EVANS Phone: (2141814-1178 NOVE STUDIOS sOsOQUORUM RD STE I5O DALLAS, TX 75254

APPLICAT¡ON NO: 443739 eLEAsE REFERENIE THrs N;MBER uHEN IINTACTING ouR oFFtcE) Location: 3328 E 051 ST S Description: ALTERATION .INTERIOR

INFORMATION ABOUT SUBMITTING REVISIONS

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 LETTER 2. A WRITTEN RESPONSE AS TO HOW EACH REVIEW COMMENT HAS BEEN RESOLVED 3. THE COMPLETED REVTSEDiADDTTTONAL 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 2"d STREET, SUIrE 450, TULSA, OKLAHOMA 74103, PHONE (918) 596-9601. THE CITY OF TULSA WILL ASSESS A RESUBMITTAL FEE. DO NOT SUBMIT REVISIONS TO THE PLANS EXAMINERS.

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

IMPORTANT ¡NFORMATION

1. SUBMTT TWO (2) SETS [4 SETS rF HEALTH DEPARTMENT REVIEW rS REQUTRED] OF REVTSED OR ADDITIONAL PLANS. REVISIONS SHALL BE IDENTIFIED WITH CLOUDS AND REVISION MARKS.

2, TNFORMATTON ABOUT ZONTNG CODE, TND|AN NATTON COUNCTL OF GOVERNMENT (TNCOG), BOARD OF ADJUSTMENT (BOA), AND TULSA METROPOLTTAN AREA PLANNTNG COMMTSSTON (TMAPC) rS AVATLABLE ONLTNE AT WWW.TNCOG.ORG ORAT INCOG OFFICES AT 2W.2"d ST., 8'h FLOOR, TULSA, OK,74103, PHONE (918) 584-7526.

3. A COPY OF A "RECORD SEARCH" T X IIS f IIS NOT INCLUDED WITH THIS LETTER. PLEASE -RECORD PRESENT THE SEARGH" ALONG WITH THIS LETTER TO INCOG STAFF AT TIME OF APPLYING FOR BOARD OF ADJUSTMENT ACTION AT INCOG. UPON APPROVAL BY THE BOARD OF ADJUSTMENT, INCOG STAFF WILL PROVIDE THE APPROVAL DOCUMENTS TO YOU FOR IMMEDIATE SUBMITTAL TO OUR OFFICE. (See revisions submittal procedure above.).

(continued) -B,lL REVIEW COMMENTS

SECTIONS REFERENCED BELOW ARE FROM THE CITY OF TULSA ZONING CODE TITLE 42 AND CAN BE VIEWED AT WWW.CITYOFTULSA-BOA.ORG

Application No. 443739 3328 E 051 ST S April06, 2018

Note: Please direct all questions concerning special exceptions and all guestions regarding BOA application forms and fees to an INGOG representative al 584-7526. lt is your responsibility to submit to our offices documentation of any appeal decisions by an authorized decision making body affecting the status of your application so we may continue to process your application. INCOG does not act as your legal or responsible agent in submitting documents to the Gity of Tulsa on your behalf. Staff review comments may sometimes identify compliance methods as provided in the Tulsa Zoning Code. The permit applicant is responsible for exploring all or any opt¡ons available to address the noncompliance and submit the selected compliance option for review, Staff review makes neither representation nor recommendation as to any optimal method of code solution for the project.

Sec.15.020 Table 15-2: Your proposed event center is designated a Commercial/Assembly & r,.¡^-¡^i^--^t/¡-l^^- ,t^--^ ar^ r r-^ :^ l^--r^J r- îa l:-¡-:-! rL:^ --.:ll E,iltctrdililileilL/rfruuut UdtË,c 2- ¿JU pcfsuil^^.--^- LdpdLtty,^----it,-l r.Jsc dilu^..l 15 ruLdtcu ilr d^ LJ ¿uil¡nt---:-- ut5utLL. rflrs will reguire a special exception reviewed and approved per 5ec.720. Review comment: Submit a copy of the special except¡on, reviewed and approved per 5ec.70.720,to allow a Commercial/Assembly & Entertainment/lndoor (large > 250 pèrson capacity) Use in a CS zoning district

This letter of deficiencies covers Zoning plan review items only. You may receive additional letters from other disciplines such as Building or Water/Sewer/Drainage for items not addressed in this letter.

A hard copy of this letter is available upon request by the applicant.

END - ZONING CODE REVIEW

NOTE: THIS CONSTITUTES A PLAN REVIEW TO DATE lN 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 THE 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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Tulsa Corporate Limits rl. Feet \ 0 300 600 BOA-22443 20-13 36 BOARD OF ADJUSTMENT CASE REPORT

STR: 222 Case Number: BOA-22443 CZM: 30 GD: 3 A.P#:

HEARING DATE: 05122120181:00 PM

APPLICANT: BillyThompson

ACTION REQUESTED: Specíal Exception to permit a carport in the street setback. (Sec. 90.090- c.1)

LOCATION: 8933 E OKLAHOMA ST N ZONED: RS-3

PRESENT USE: residential TRACT SIZEI. 7949.73 SQ FT

LEGAL DESCRIPTION: LOT 20 BLK 3, VAN ACRES ADDN AMD

RELEVANT PREVIOUS ACTIONS: None relevant.

RELATTONSHIP TO THE COMPREHENSIVE PLAN: The Tulsa Comprehensive Plan identifies the subject property as part of a "Existing Neighborhood" and an "Area of Stability".

The Areas of Stability include approximately 75o/o of the city's total parcels. Existing residential neighborhoods, where change is expected to be minimal, make up a large proportion of the Areas of Stability. The ideal for the Areas of Stability is to identify and maintain the valued character of an area while 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 unique qualities 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 of older neighborhoods that are looking for new ways to preserve their character and quality of life.

The Existing Residential Neighborhood category is intended to preserve and enhance Tulsa's existing single family neighborhoods. Development activities in these areas should be limited to the rehabilitation, improvement or replacement of existing homes, and small-scale infill projects, as permitted through clear and objective setback, height, and other development standards of the zoning code. ln cooperation with the existing community, the city should make improvements to sidewalks, bicycle routes, and transit so residents can better access parks, schools, churches, and other civic amenities.

ANALYSIS OF SURROUNDING AREA: The subject tract is surrounded by RS-3 zoned residential uses on all sides.

STAFF COMMENTS: The applicant is requesting a Special Exception to to permit a carport in the street setback. (Sec. 90.090-c.1). *,Â REVtSEDS/l 6/2018 As shown on the attached picturesthe applicant is proposing an 18'x20'carportwithin the required 25 ft. street (front) setback of the site. Carports are allowed in street setbacks and yards in R zoning districts onlv if approved in accordance with the special exception procedures. Any carport that occupies all or a portion of the street setback or street yard area must comply with the following regulations, unless otherwise expressly approved by the board of adjustment as part of the special exception:

a A carport may be a detached accessory building or an integral part of the principal building

a The area of a carport may not exceed 20 feet in length by 20 feet in width. A detached carport may not exceed 8 feet in height at its perimeter or 18 feet in height at its highest point. A carport erected as an integral part of the principal building may not exceed I feet in height within 10 feet of a side lot line or 18 feet at its highest point.

a The carport structure must be setback from side lot lines by a minimum distance of 5 feet or the depth of the principal building setback, whichever is a greater distance from the side lot line.

a The carport structure may project into the required street setback by a maximum distance of 20 feet. This distance must be measured from the required street setback line or the exterior building wall of the principal building, whichever results in the least obstruction of the street setback.

a All sides of a carport that are within the required street setback must be open and unobstructed, except for support columns, which may not obstruct more than 1 5% of the area of any side.

a The entire area under a carport may be used only for storage of operable, licensed motor vehicles (i.e., cars, boats, pickup trucks, vans, sport utility vehicles), which are customarily accessory to the dwelling. No other use of the carport area is allowed.

The Code's street setback requirement for carports is intended to ensure that carports located within the street setback are compatible with a minimum desired residential character found in the neighborhood and do not hinder transparency for other vehicles.

Sample Motion

Move to (approve/deny) a Special Exception to permit a carport in the street setback. (Sec. 90.090-C.1)

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

o Subject to the following conditions (including time limitation, if any): -

The Board finds that the requested Special Exception will be in harmony with the spirit and intent of the Code, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. +.3 RÊVrSEDS¡6/2018 Feet Subject B O A - 2 24 4 :;;;' 0 300 600 Tract 3 "ur?li';"i:"?llf"i,:*'"i":,2.:;"Å";;tr. Aerlal Photo Data: February 2016 20-1 3 36 r+.Ll Feet Note: Gnph¡c overlays may not prec¡sely Subject align wìth physical îeatures on the ground. '100 BOA-22443 0 50 Tract Aerial Photo Ddte: February 2016 L# 20-1 3 36 t+. 5 ll t t :l r.lrì ri f" f I j l I ', i

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¡',.: i: I't ii: ¡', I *;s ji l. I . rF, ;i . ,,r rfi, t F 'f' r,i' Jl f' \ "' h & ,ìr .}i- ',,. f ti Looking north- towards site- on E. Oklahoma St.

q.r[ Jî4 Ç ô ¿-7.> ! I '{¡rrval/4 Æ i J I % o=J UJ 4.8" JEFF S. TAYLOR ZONING OFFICIAL DEVELOPMENT SERVICES PLANS EXAMINER I75 EAST 2Nd STREET, SUITE 450 TULSA, OKLAHOMA 74103 TEL (918)596-7637 jstaylor@cityoftu I sa. org ZONING CLEARANCE PLAN REVIEW

LOD Number: 1059340-1 April 11,2018

SHERRY THOMPSON Phone: (9',81274-4458 8933 E OKLAHOMA ST TULSA, OK 74115

APPLICATION NO: 443786 pLEASE REFERENCE THts NUMBER uHEN coNTACTtNG ouR oFFtcE) Location: 8933 E OKLAHOMA ST N Description: NEW

INFORMATION ABOUT SUBMTTNNG REVIS¡ONS

REVISIONS NEED TO INCLUDE THE FOLLOWING: 1. A COPY OF THIS DEFICIENCY LETTER 2. A WRITTEN RESPONSE AS TO HOW EACH REVIEW COMMENT HAS BEEN RESOLVED 3. THE COMPLETED REVISED/ADDIIONAL 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, OKLAHOMA 74103, PHONE (918) 596-9601. THE CITY OF TULSA WILL ASSESS A RESUBMITTAL FEE. DO NOT SUBMIT REVISIONS TO THE PLANS EXAMINERS.

SUBMITTALS FAXED / EMAILED TO PLANS EXAMINERS WILL NOT BE ACCEPTE.D

I ní PORTANT lN FORrr¡lATlON

1. SUBMTT TWO (2) SETS [4 SETS tF HEALTH DEPARTMENT REVTEW rS REQUTRED] OF REVISED OR ADDITIONAL PLANS. REVISIONS SHALL BE IDENTIFIED WITH CLOUDS AND REVISION MARKS.

2. TNFORMATTON ABOUT ZONTNG CODE, |NDTAN NATION COUNCTL OF GOVERNMENT (INCOG), BOARD OF ADJUSTMENT (BOA), AND TULSA METROPOLTTAN AREA PLANNING COMMISSION (TMAPC) tS AVATLABLE ONLTNE AT WWW.INCOG.ORG OR AT |NCOG OFFICES AT 2W.2nd ST., Bth FLOOR, TULSA, OK,74103, PHONE (9r8) 584-7526.

3. A COPY OF A "RECORD SEARCH" f lls f x llS NOT INCLUDED WITH THIS LETTER. PLEASE -RECORD PRESENT THE SEARCH" ALONG WITH THIS LETTER TO INCOG STAFF AT TIME OF APPLYING FOR BOARD OF ADJUSTMENT ACTION AT INCOG. UPON APPROVAL BY THE BOARD OF ADJUSTMENT, INCOG STAFF WILL PROVIDE THE APPROVAL DOCUMENTS TO YOU FOR IMMEDIATE SUBMITTAL TO OUR OFFICE. (See revisions submittal procedure above.).

tJI ,q REVIEW COMMENTS

SECTIONS REFERENCED BELOW ARE FROM THE CITY OF TULSA ZONING CODE TITLE 42 AND CAN BE VIEWED AT WWV/. CITYOFTULSA-BOA. ORG

Application No. 443786 8933 E OKLAHOMA ST N April 1 1,2018

Note: As provlded for in Sec{ion 70.130 you may rêguest the Board of Adluetment to grant a varlancg ftom tbe terms of the Zonlng Code requlremente identiffed ln the letter of deficiency below. Please direct all questlona, eoncemlng varlances, special exceptions, appeals of an adminlstrative officlal deslslon, lllaeter Plan, Developments Distrlets {MPD), Planned Unit Developments {PUD}, Corridor (CO} zoned dlstr¡cts, zonlng changes, platting, lot splits, lot combinations, alternative complianca landscape and screening plans and all questlons, regarding (BOA) or {TMAPG} application forme and fees to an INGOG representative at 584-7526. lt ls your responsibility to submit to our offices documentation of any appeal declslons by an authorized declslon maklng, body affecting the etatus of your application 8o ure may contlnuo to procêse your applicatlon. INCOG does not aet as your legal or responslble agent in eubmitting documente to the Gity of Tulsa on your behalf. Staff revlew comments may sometimes ldentify compliance methods as provlded in the Tulsa Zonlng Code. The permit appllcant ls responsible for explorlng all or any options avallaþle to address the noncompliance and, submlt the selected compliance option for revlew. Staff revlew makes neither representation nor recommendatlon as to any optimal method of code solution for the project

Special exception approval required: see $90.090-Cl.

l. Sec.90.090-C.1 Carports: Carports are allowed in street setbacks and yards in R zoning districts only if approved in accordance with the special exception procedures of Section 70.120. Any carport that occupies all or a portion of the street setback or street yard area must comply with the following regulations, unless otherwise expressly approved by the board of adjustment as part of the special exception process:

a. A carporl may be a detached accessory building or an integral part of the principal building. b. The area of a carport ma)¡ not exceed 20 feet in length by 20 feet in width{ *S 1}

c. A detached carport may not exceed 8 feet in height at its perimeter or 18 feet in height at its highest point. A carport erected as an integral part of the principal building may not exceed 8 feet in height within 10 feet of a side lot line or l8 feet at its highest point. d. The carport structure must be setback from side lot lines by a minimum distance of 5 feet or the depth of the principal building setback, whichever is a greater distance from the side lot line.

distance of 20 feet. distance must be measured from the required street setback line or the exterior buildine wall of the principal butldine, whichever results in the least obstruction of the street setback. f. All sides of a carport that are within the required street setback must be open and unobstructed, except for support columns, which may not obstruct more than 15% of the area of any side. g. The entire area under a carport may be used only for storage of operable, licensed motor vehicles (i.e., cars, boats, pickup trucks, vans, sport utility vehicles), which are customarily accessory to the dwelling. No other use of the carport area is allowed.

Review comment: The proposed carport is located in the sjreet setback area and requires spectat_%ggg¡1gg granted by the BOA. Please contact an INCOG representative at 918-584-7526 for fuither assistance. Please '*---l- note: the regulations underlined above must be addressed as part of the special exception process as the

2 Ll. \O proposed structure is not in compliance with said regulations as submitted. If approved, submit a copy of the approved special exception as a revision to your application.

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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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BOARD OF ADJUSTIUIENT CASE REPORT

STR:9332 Case Number: BOA-22444 CZIúI:47 CD:9 A.P#:

HEARING DATE: 0512212018 1:00 PM

APPLICANT: Jay Kingsley

ACTION REQUESTED: Variance to permit a swimming pool to be located within the street setback (Sec. 5.030-4, Sec. 90.090-C) ':':,,

LOCATION: 2929 E 56 PL S ZONED: RS-2

PRESENT UsE: residential TRAGT stzE= 12601.96 Se FT

LEGAL DESCRIPTION: LT 10 BLK 2, FAIRWAY ESTATES THIRD ADDN

RELEVANT PREVIOUS AGTIONS:

Surroundinq Properties: BOA2210l: on 6.28.16, the Board approved a Variance to reduce the required rear (street) setback to permit constructíon of a swimming pool (Section 90.090-C). Located; property immediately to the west of the subject site.

RELATIONSHIP TO THE COMPREHENSIVE PLAN: The Tulsa Comprehensive Plan identifies the subject property as part of an "Existing Neighborhood" and an "Area of Stability".

The Existing Residential Neighborhood category is intended to preserve and enhance Tulsa's existing single family neighborhoods. Development activities in these areas should be limited to the rehabilitation, improvement or replacement of existing homes, and small-scale ínfill projects, as permitted through clear and objective setback, height, and other development standards of the zoning code. ln cooperation with the existing community, the city should make improvements to sidewalks, bicycle routes, and transit so residents can better access parks, schools, churches, and other civic amenities.

The Areas of Stability includes approximately 75% of the city's total parcels. Existing residential neighborhoods, where change is expected to be minimal, make up a large proportion of the Areas of Stability. The ideal for the Areas of Stability is to identify and maintain the valued character of an area while accommodating the rehabilitation, improvement or replacement of existing homes, and smalt scale infíll projects. The concept of stability and growth is specifically designed to enhance the unique qualities 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 of older neighborhoods that are looking for new ways to preserve their character and quality of life. 5,& REVISEDS/1412018.. ANALYSIS OF SURROUNDING AREA: The subject tract is surrounded by single-family residential uses to the south, east and west; a Junior High School abuts the site on the north.

STAFF GOMMENTS:

The applicant is before the Board requesting a Variance to permit a swimming pool to be located within the street setback (Sec. 5.030-4, Sec. 90.090-C)

Per the code, rear setbacks are measured from the rear lot line, except on double-frontaqe lots. On double-frontaqe lots. street setbacks apply from all propertv lines that abut streets (Section 90.090- 4.3). Because of this requirement, the proposed swimming pool will be located within the street yard setback of E. 56th St. S. The RS-2 district requires that a swimming pool meet the 30 ft. street setback in an attempt to establish and preserve development intensity and a uniform development pattern within the district. lf inclined to approve the Board may consider any condition it deems necessary and reasonably related to the request to ensure that the proposed use and future development of the subject property is compatible with and non-injurious to the surrounding area.

Sample Motion

Move to (approve/deny) a Variance to permit a swimming pool to be located within the street setback (Sec. 5.030-4, Sec. 90.090-C)

a Finding the hardship(s) to be

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

a Subject to the following conditions

The Board finds that the following facts, favorable to the property owner, have been established:

"a. That the physical surroundings, shape, or topographical conditions of the subject property would result in unnecessa4l hardships or practical difficulties for the propeñy owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out

b. That literal enforcement of the subject zoning code provision is nof necessary to achieve the provisio n's i nte nded p u rpo se ;

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

d. That the alleged practical difficulty or unnecessa/y hardship was not created or self- imposed by 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 will not alter the essenfia/ character of the neighborhood in which the subject property is located, nor substantially or permanently impair use or development of adjacent property; and 5,3 REVtSEDs/141201 I g. That the variance to be granted will not cause substantial detriment to the publíc good or impair the purposes, sprnd and intent of thîs zoning code or the comprehensíve plan."

9.4 REVtSEDS/14l201 I harmony with the neighborhood. Mr. Van De Wiele would like to see the one tree kept and have the applicant come back with a detailed site plan showing the landscaping, including the subject tree, and others. lt sounds like the church is agreeable to a construction time frame as to when the trees would or would not be removed. Churches and church parking lots in the middle of neighborhoods are compatible with the Zoning Code. Mr. Van De Wiele appreciates Ms. Harmon's honesty and he thinks the Board could reach an approval but he would like to see a more detailed landscape plan incorporating as many of the mature trees as possible.

Mr. Bond stated that it sounds like there is good faith on both sides and a willingness to work together. The best chance to protect the trees is for the church to work with the community. He would like to see the good faith effort put together to work out a plan and reach a compromise that benefit everyone for years to come.

Board Action: On MOTION of BOND, the Board voted 5-0-0 (Bond, Flanagan, Snyder, Van De Wiele, white "aye"; no "nays"; no "abstentions"; none absent) to coNTlNuE the request for a Special Exceptioq to allow a religious assembly use in the RS-3 District to permit the expansion of a parking area for an existing church (Section 55.0S0-D) to the Board of Adjustment meeting on July 26, 2A16. The Board requests the applicant bring a detailed fandscape plan to this meeting; for the following property:

E90 sl40 N165 wl80 E485 BLK l0; w 90 oF s 140 oF N 165 oF w 1s0 oF E 485BLK IO, 36TH STREET SUBURB, CITY OF TULSA, TULSA COUNTY, STATE OF OKLAHOMA

i'rr"iiri,I ,, ,:, 221 0l Earnhart rr. rr.,i¡ . , tl'' -Heather i :: .r l¡ ;ì Action Reouested: Variance to reduce the required rear (street) setback to permit construction of a swimming pool (Sectíon 90.090-C). LOCATION: 2921 EastS6th Place South (CD e)

Mr. Van De Wiele recused himself and left the meeting at 3:21 P.M.

Presentation: Heathe¡ Earnhart, 2929 East 56th Place, Tulsa, OK; stated she has lived there for 15 years and she purchased the house next door. She and her husband are completely renovating 2921 Ëast56th Place and adding a three car garage, They would also like to add a swimming pool. ln December 2O15 they were measuring 25 feet from the center of the street for the setback, and now the pool permit was denied because the setback is now 30 feet from the building line not the center of the street. They would like to have a diving pool and not just a wading pool.

06128120t6-1t64 (24) 5,5 ,:i .: t; I R Ê"4 -JzlÐ Mr. White asked Ms. Earnhart if there were any utilities on the 56th Street side that might be a problem. Ms. Earnhârt stated that she has had OKIE locate all utilities and they have been rerouted as needed for the garage, and the pool decking will start on the other side of the sewer line which misses that by 11 feet.

lnterested Parties: There were no interested parties present.

Gomments and Questions: None.

Board Action: On MOTION of FLANAGAN, the Board voted 4-0-1 (Bond, Flanagan, Snyder, White "aye"; no "nays"; Van De Wiele "abstaining"; none absent) to APPROVE the request for a Variance to reduce the required rear (street) setback to permit construction of a swimming pool (Section 90.090-C), subject to conceptual plan 15.11, Exhibit C. The setback will be from 30 feet to 11 feet. The Board determines that the following facts, favorable to the property owner, have been established: a. That the physical surroundings, shape, or topographical conditions of the subject property would result in unnecessary hardships or practicaf difficulties for the property owner, as distinguíshed from a mere inconvenience, if the strict letter of the regulations were carried out; b. That literal enforcement of the subject zoning code provision is not necessary to achieve the provísion's intended purpose; c. That the conditions leading to the need of the requested variance are unique to the subject property and not applicable, generally, to other property wíthin the same zoning classification; d. That the alleged practical difficulty or unnecessary hardship was not created or self-imposed by 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 will not alter the essential character of the neighborhood in which the subject property is located, nor substantially or permanently impair use or development of adjacent property; and g. That the variance to be granted will not cause substantial detriment to the public good or impair the purposes, spirit, and intent of this zoning code or the comprehensive plan; for the following property:

LT 11 BLK 2, FAIRWAY ESTATES THIRD ADDN, CITY OF TULSA, TULSA COUNTY, STATE OF OKLAHOMA

Mr. Van De Wiele re-entered the meeting at 3:29 P.M.

o6/28t2016-1164 Q5) 5,U Feet Note: G,€,phic overlays may not precisely subiect BOA-22444 align w¡th phys¡cal leatures on the ground. 0 200 400 Tract AerÍal Photo Date: February 2016 L# 19-1 3 32 5.1 Feet Note: Gnphic overlays may not precisely Subject BOA-22444 align w¡th physical features on the ground. 0 50 100 Tract Aer¡al Photo Dale: February rOrU -:# 19-1 3 32 b ,Z I

Looking east- along E. 56th St. S.- subject site to the south

Looking south- toward subject site on E. 56th St. S

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Looking west- along E. 56th St. S.- subject site to the south

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F¿sr 56rH PucE swIH 5.\\ -¡-.1¡rqd ç JEFF S. TAYLOR ZONING OFFICIAL DEVELOPMENT SERVICES PLANS EXAMINER I75 EAST 2Od STREET, SUITE 450 TULSA, OKLAHOMA 74103 TEL (918)596-7637 jstaylor@cityoft u lsa. org ZONING CLEARANCE PI.AN REVIEW

LOD Number: 1060985-l April l8,2018

JAY KINGSLEY Phone: lt9181743-3472 POOLS PLUS P O BOX 14136 TULSA, OK 74159

APPLICATION NO: 444643 (pLEAsE REFERENCE rHts NUMBER uHEN IINTACTING ouR oFFIcE) Location: 29298 056 PL S Description: NEW

¡ilFORmAnOil ABOt r suBilfrnilG REVTS¡Ottt8

OUR REVIEW HAS IDENTIFIED THE FOLLOWING CODE OMISSIONS OR DEFICIENCIES IN THE PROJECTAPPLICATION FORMS, DRAWINGS, AND/OR SPECIFICATIONS. THE DOCUMENTS SHALL BE REVISED TO COMPLYWITH THE REFERENCED CODE SECTIONS.

REVISIONS NEED TO INCLUDE lHE FOLLOWING: 1. A COPY OF THIS DEFICIENCY LETTER 2. A WRITTEN RESPONSE AS TO HOW EACH REVIEW COMMENT HAS BEEN RESOLVED 3. THE COMPLETED REVTSED/ADDTTTONAL PLANS FORM (SEE ATTACHEÐ) 4. BOARD OF ADJUSTMENT APPROVAL DOCUMENTS, IF RELEVANT

REVISIONS SHALL BE SUBMITTED DIRECTLY TO THE CITY OF TULSA PERMIT CENÏER LOCATED AT 175 EAST 2Nd STREET, SUITE 450, TULSA, OKLAHOMA 74103, PHONE (918) 596-9601. THE CITY OF TULSA WILL ASSESS A RESUBMITTAL FEE. DO NOT SUBMIT REVISIONS TO THE PLANS EXAMINERS.

SUBIIIITTALS FÐGD / Eî.ilAILED TO PLANS HßMINERS WLL NOT BE ACCEPTED.

¡TPORTAÍ{T INFORiIATIoA

1. SUBMTT TWO (2) SETS [4 SETS rF HEALTH DEPARTMENT REVTEW tS REQUTRED] OF REV]SED OR ADDITIONAL PLANS. REVISIONS SHALL BE IDENTIFIED WITH CLOUDS AND REVISION MARKS.

2. TNFORMATTON ABOUT ZONTNG CODE, TNDTAN NATTON COUNCTL OF GOVERNMENT (TNCOG), tsoARD OF ADJUSTMENT (BOA), AND TULSA METROPOLTTAN AREA PLANNTNG COMMTSSTON (TMAPC) lS AVAILABLE ONLINE AT \ /V\ /V.INCOG.ORG OR AT INCOG OFFICES AT 2W.2rd ST., 8th FLOOR, TULSA, OK,74103, PHONE (918) 584-7526.

3. A COPY OF A "RECORD SEARCH' I IIS f x IIS NOT INCLUDED WITH THIS LETTER. PLEASE PRESENT THE'RECORD SEARCH'ALONG WITH THIS LETTER TO INCOG STAFF AT TIME OF APPLYING FOR BOARD OF ADJUSTMENTACTION AT INCOG, UPON APPROVAL BY THE BOARD OF ADJUSTMENT, INCOG STAFF WILL PROVIDE THE APPROVAL DOCUMENTS TO YOU FOR IMMEDIATE SUBMITTAL TO OUR OFFICE. (See revisions submittal procedure above.). 5,\e REVIEW COMMENTS

SECTIONS REFERENCED BELOW ARE FROM THE CITY OF TULSA ZONING CODE TITLE 42 AND CAN BE VIEWED AT WWW.CITYOFTULSA.BOA.ORG

Application No. 444643 2929 E 056 PL S April 18,2018

Note: As provided for in Section 70.130 you may request the Board of Adjustment to grant a variance from the tems of the Zoning Gode requiremenb identified in the letter of deficiency below. Please direct all queetions concemlng variances, speclal exceptiono, appeals of an administrative official decision, Master Plan Developments Districts (MPD), Planned Unit Developments (PUD), Coridor (CO) zoned districb, zoning changes, platting, lot spl¡b, lot combinations, altemative compliance landscape and screening plans and all questions regarding (BOA) or (TMAPG) application forms and fees to an INCOG rcpresentative at 584-7526. lt is your responsibility to submit to our offices documentation of any appeal decisions by an authorized decision making body affecting the status of your application ao we may continue to process your application. INCOG does not act as your legal or responsiblê agent ln eubmitting documents to the City of Tulea on your behalf. Staff review commenb may sometimes identify compliance methods as provided in the Tulsa Zoning Code. The permit applicant is responsible for exploring all or any options available to addess the noncompliance and submit the seleeted compliance option for review. Statr rcview makes neither repreeentation nor recommendation as to any opt¡mal method of code solution for the project.

5.030-A Table of Regulations The lot and building regulations of Table 5-3 apply to all principal uses and structures in R districts, except as otherwise expressly stated in this zoning code. General exceptions to these regulations and rules for measuring compliance can be found in Chapter 90.

Review comments: Your lot is zoned RS-2 and you have a street setback required from the front and rear of this lot due to streets. The required rear street setback is 30'. Revise your plans to indicate a 30' rear setback or apply to the City of Tulsa Board of Adjustment (BOA) for a Variance to reduce the required rear street setback.

This letter of deficiencies coveß Zoning plan review items only. You may receive additional lettee from other disciplines such as Building or WaterlSewerlDrainage for items not addreseed in this letter.

A hard copy of this letter is available upon request by the applicant

END - ZONING CODE REVIEW

KEEP OUR OFFICE ADVISED OF ANY ACTION BY THE CITY OF TULSA BOARD OF ADJUSTMENT OR TULSA METROPOLITAN AREA PI.ANNING COMMISSION AFFECTING THE STATUS OF YOUR APPLICATION FOR A ZONING CLEARANCE PERMIT.

5, 1Þ THIS PAGE

INTENTIONALLY

LEFT BLANK

5.\q T

Ð SUBJECT TRACT

OL o PUD.374 OL GS

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Feet l.o, \ 0 200 400 BOA-22445 19-13 08 BOARD OF ADJUSTMENT CASE REPORT

STR: 9308 Case Number: BOA-22445 CZM:37 CD:4 A-P#:

HEARING DATE: 0512212018 1:00 PM

APPLICANT: Mike Thedford

ACTION REQUESTED: Variance of the required street setback from S Birmingham Ave (Sec. 5- 030-A); Variance to permit a retaining wall within the City of Tulsa street right-of-way (Sec. 90.090-A)

LOCATION: 1803 S BIRMINGHAM AV E ZONED: RS-3

PRESENT USE: Residential TRACT SIZE: 852037 SQ FT

LEGAL DESCRIPTION: LT 9 BLK 2, BARNARD VIEW ADDN EXT, BARNARD VIEW ADDN

RELEVANT PREVIOUS ACTIONS: Su rround ing Properties:

BOA 14025: on 4.17.86, the Board approved a variance of the required 50 feet setback from the centerline of South Atlanta Avenue to 30.10 feet to reconstruct a garage in a RS-3 zoned district. Located; northeast corner of East 19th Street South and South.

RELATIONSHIP TO THE COMPREHENSIVE PLAN: The Tulsa Comprehensive Plan identifies the subject property as part of an "Existing Neighborhood" and an "Area of Stability".

The Areas of Stability includes approximately 75% of the city's total parcels. Existing residential neighborhoods, where change is expected to be minimal, make up a large proportion of the Areas of Stability. The ideal for the Areas of Stability is to identify and maintain the valued character of an area while 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 unique qualities 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 of older neighborhoods that are looking for new ways to preserve their character and quality of life.

ANALYSIS OF SURROUNDING AREA: The subject tract is surrounded by RS-3 zoned single-family residences. (r,r.

REVtSEDS/16/20'18 STAFF COMMENTS: The applicant is proposing to replace the existing sidewalk and add a retaining wall and stairs. The applicant has stated that the proposed changes are to "properly address the grade change on site- for improved access to the existing residence." As shown on the site plan, the proposed retaining wall appears to be completely within the City of Tulsa right-of-way.

The Code (Section 90.090-A) states unless otherwise expressly stated that no part of any structure may be located within the right-of-way or planned right-of-way of a street shown on the Major Street and Highway Plan. To permit the retaining wall as proposed, the applicant has requested a Variance to allow the structure within the right-of-way along S. Birmingham Ave.

The required street setback along S. Birmingham Ave. is 25 ft. To permit the retaining wall as shown, the applicant has requested a Variance to reduce the street setback along S. Birmingham Ave.

The Code traditionally prohibits structures in the planned right-of-way to enable future expansion of the right-of-way and to enable adequate provision of public services along a right-of-way. lf inclined to approve staff request that the Board require the owner to obtain a removal agreement from the City to permit the structures in the planned right-of-way.

Sample Motion

Move to (approve/deny) Variance of the required street setback from S Birmingham Ave (Sec. 5-030-A); Variance to permit a retaining wall within the City of Tulsa street right-of-way (Sec. 90.090-A)

a Finding the hardship(s) to be

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

Subject to the following conditions

The Board finds that the following facts, favorable to the property owner, have been established: "a. That the physical surroundings, shape, or topographical conditions of the subject property would result in unnecessary hardships or practical difficulties for the propefty owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out;

b. That literal enforcement of the subject zoning code provision is not necessary to achieve the p rovi sio n's i nte nded p u rpose ;

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

d. That the alleged practical difficulty or unnecessary hardship was not created or self- imposed by the cunent property owner;

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

f. That the variance to be granted will not alter fhe essential character of the neighborhood in which the subject property is located, nor suóstantially or permanently impair use or development of adjacent property; and b.9 REVtSEDS/16/201 I g. That the variance to be granted will not cause substantial detriment to the public good or impair the purposes, splnf, and intent of this zoning code or the comprehensive plan."

u,q REVISED5/16/2018 Case No. 14024 (contlnued) Lot 6, Block 11, Falrhlll Znd Additlon, City of Tulsa' Tulsa County, 0klahoma.

Case lb. 14025.

Actlon Requested¡ -Vailancl- Sectlon 450.1 - Bulk and Area Requlrements ln Reslden tlal Distrlcts - Use Unlt 1206 - Request a varlance of fhe requlred 50t setback from the centerl lne of Atlanta Avenue to 50.10t to recqnstruct a garage that ras Prevlously non-conformlng' located on fhe Nll/c of lgth Street and Atlanta Avenue.

Presentat I on¿ ---Tñã-ã¡¡lcant, James Tifus, 2505 East l9th Streef, Tulsa, Oklahoma, submltted a plot plan (Exh¡blt L-l) and asked the Board to allow hlm to Þulld a garage whlch rlll replace an old garage that has been dem¡l lshed.

Comments and Questlons¡ Ms. l{h lfe asked fhe appllcanf lf the garage rlll llne up wlth the garage To the north and he replled thal lf does llne up rtlfh the ofhers on the sfreet. Ms. lli lson asked lrir. Tltus to state the slze of the proposed garage and he replled that lf wlll be 24t by 241.

Board Act lon: 0n 1,40T10N of ll¡LS0N, the Board voted 4-0-0 (Bradley, Chappelle, Í{hite, trlllson, trayeff; no rtnAystti Oor nabstentlonstr; Clugston, trabsentn) to APPROYE a Yarlance (Sectlon 430..l Bulk and Area Requlrements ¡n Realdentlal Distrlcfs - Use Unlt 1206J of the requlred 50t sefback from fhe centerltne of Allanfa Avenue to 50.10t fo reconstruct à garage that was prevlously non-conformfng; per plof plan submltted; f indlng that the garage wlll allgn with the exlstlng house; and findlng a hardship lmposed on fhe apPl lcant by the corner locatlon, with sefbacks from 2 streets, and fhe naryow shape of fhe lot; on lhe followlng descrlbed property:

Lot 11, Block 6, Lewlston Gardens Subdlvlslon, Clty of Ïulsa' Tulsa Counly, 0klahoma.

Case 11026

Acflon Reouested: Sectlon 450,1 Bulk and Area Requlremenfs ln --T¡norTã¡lãncEResidential Dlstrlcfs - Use Unlt 1206 - Request a mlnor varlance of the required 5Of setback from 26th Place North lo 40r, locafed on the Slf/c of 26th Place North and Quaker Sfreet'

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\r.[ 5 APPLICATION FOR LICENSE AGREEMENT TO CONSTRUCT AND MAINTAIN PRIVATE IMPROVEMENTS UPON PUBLIC WAY

APPUCANTNAME AND ADDBESS CTHls PERSON wlLL FECEIVE A COPY OF THE FILED AGREEMENT.) DATE OFAPPLICAT¡ON

Robert William llVal lace February n,2O18 ADDRESS OF T¡IE PUBLIC WAY

TELEPHONE NUMBER

1803 South Birmingham Ava, Tulsa, OK 7410+5813 918-AnÈô645

NAME OF CONTACT PERSON (tF OTHEF THAN PROPERTY OWNEB) TÉLEPHONE NUMBER 918-6291820 EMAIL Thomas tlVilliam Wallacg P.E. [email protected] :---:- -_æ:-+:-æ=æ=æ: AODRESS AND LEGAL DESCRIPT|ON OF THÊ PUBLIC WAY TO BE OCCUPIEO :=:--

Lot Nine (9), Block Two (2), Barnard View Addition to the Cþ of Tulsa, Tulsa Gounty,

State of Oklahoma, according to the recorded Plat No. 11'16, and known as 1803 South Birmingham Avenue.

ExPlanatlon of purpose or need to occupy Public Way (relate to Criterla tor Cons¡deration). =:=--::=-::===:-:::--===-=:::=-:===:- =_=:_=: The side )/ard and maln entrance to the res¡dence is and alrrays has been bermed approxlmately above --õiÍS-iñãIffi¡-IRm¡ylrdrirahê-Srrërto-th-eGtÍ,rry- 3'-0' curb leve¡, The

with ht o 9" tall steps wlth¡n füe Right-of-Way. To correc't ttrls problem, the exlstlng grade with the berm slope by the cuio requlres more steDs and a less steeplv sloped s¡derralk from the curblolhe house be locatqt $'lth¡n $e F.o.w. Thls co;dltlon urou¡d'Þe_ sim¡lar to ssveÉl other propert¡es ¡n the lmrned¡aþ ne¡ghborhood wtth step,s anct/or retainlng walls in the R-O-W. There are no =æ==:==:==:=:=æ:==:=ËÊæ=:-=====:::====:ææ===::=-:-æ=burled ut¡lit¡es in the RO.W. wherethe constrr¡ction is proposed. Type ol ¡mprovement requested for License Agreement

We request thât we be allowed to edd a 4'-0' w¡de concrete s¡deuralh concrete steps and two 3'€" talt concrete reta¡n¡ng ¡r¡alls on æ iñëæ_ sidewalk at the bottom of füe steps and adiac€nt to the curb to provide a place to salety get out of vehicles w¡tñout stepping onto â stqêPly slo¡Edglte{e*ll¿Ê'-fEu,¡eqt thât ue hg âllowerlto pfoylde-a plântel.b.etween the sldeuÍ¡lk at the c¡¡¡b-and-llbe retaldné ualtt to landscape and beautify the fror* of the reta¡ning walls.

Ptât ol Survoy or representativo sketch or drawfng has been attached del¡neating the descr¡bed request show¡ng all data pert¡nent to the property e.g. dlstanco bearlngs and encroachments.

=:==:=====-=#-==:=æ=:===:==:-æ===:=-:-ã-:===:======:===:=====:==:======:===== Submitted by: OWNÊR SIGNATURE PERSON SUBM|TNNG ON BEHALF OF OWNER BY (SIGN.ATURE)

Reviscd lI/13

\r,\u JEFF S. TAYLOR ZONING OFFICIAL DEVELOPMENT SERVICES PLANS EXAMINER I75 EAST 2.d STREET, SUITE 450 TULSA, OKLAHOMA 74103 TEL (918)596-7637 jstaylor@cityoft u lsa. org ZONING CLEARANCE PLAN REVIEW LOD Number: 1058271-1 April05,20l8

ROBERT WILLIAM WALLACE Phone: (918)640-6645 HOMEOWNER I8O3 S BIRMINGHAM AV TULSA, OK 74104

APPLICATION NO: 443338 eLEAsE REFERENIE THts NUMBER uHEN IINTACTTNG ouR oFFtcE) Location: I8O3 S BIRMINGHAM AV E Description: NEW

INFORMATION ABOUT SUBMITTING REVISIONS

REVISIONS NEED TO INCLUDE THE FOLLOWING: 1. A COPY OF THIS DEFICIENCY LETTER 2. AWRITTEN RESPONSE AS TO HOW EACH REVIEW COMMENT HAS BEEN RESOLVED 3. THE COMPLETED REVTSED/ADDTT|ONAL 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, SUtrE 450, TULSA, OKLAHOMA 74103, PHONE (918) 596-9601. THE CITY OF TULSA WILL ASSESS A RESUBMITTAL FEE. DO NOT SUBMIT REVISIONS TO THE PLANS EXAMINERS.

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

IMPORTANT INFORMATION

1. SUBMTT TWO (2) SETS [4 SETS rF HEALTH DEPARTMENT REVTEW rS REQUTRED] OF REVTSED OR ADDITIONAL PLANS. REVISIONS SHALL BE IDENTIFIED WITH CLOUDS AND REVISION MARKS.

2. TNFORMATTON ABOUT ZONTNG CODE, TNDIAN NATTON COUNCTL OF GOVERNMENT (|NCOG), BOARD OF ADJUSTMENT (BOA), AND TULSA METROPOLTTAN AREA PLANNING COMMISSION (TMAPC) 'sr.,lS AVAILABLE ONLINE AT\ A A¡r/.INCOG.ORG OR AT INCOG OFFICES AT àw.2no 8tn FLooR, TULSA, or, z¿rog, pHoNE (918) sg4-Ts26.

3. A COPY OF A "RECORD SEARCH'Lllg I x llS NOT INCLUDED WITH THIS LETTER. PLEASE PRESENT THE "RECORD SEARCH'ALONG WITH THIS LETTER TO INCOG STAFF AT TIME OF APPLYING FOR BOARD OF ADJUSTMENT ACTION AT INCOG. UPON APPROVAL BY THE BOARD OF ADJUSTMENT, INCOG STAFF WILL PROVIDE THE APPROVAL DOCUMENTS TO YOU FOR IMMEDIATE SUBMITTAL TO OUR OFFICE. (See revisions submittal procedure above.).

tn. f 'l REVIEW COMMENTS

SECTIONS REFERENCED BELOWARE FROM THE CITY OF TULSA ZONING CODE TITLE 42 AND CAN BE VIEWED AT WWW.CITYOFTULSA-BOA.ORG

Application No. 443338 1803 S BIRMINGHAM AV E April 05, 2018

Note: As provided for in Section 70.130 you may request the Board of Adjustment to grant a variance from the terms of the Zoning Code requirements identified in the letter of deficiency below. Please direct all questions concerning variances, special exceptions, appeals of an administrative official decision, Master Plan Developments Districts (MPD), Planned Unit Developments (PUD), Corridor (GO) zoned districts, zoning changes, platting, lot splits, lot combinations, alternative compliance landscape and screening plans and all questions regarding (BOA) or (TMAPC) application forms and fees to an INGOG representative at 584-7526. lt is your responsibility to submit to our offices documentation of any appeal decisions by an authorized decision making body affecting the status of your application so we may continue to process your application. INCOG does not act as your legal or responsible agent in submitting documents to the City of Tulsa on your behalf. Staff review comments may sometimes identify compliance methods as provided in the Tulsa Zoning Code. The permit applicant is responsible for exploring all or any options available to address the noncompliance and submit the selected compliance option for review. Staff review makes neither representation nor recommendation as to any optimal method of code solution for the project.

5.030-A :Setback(s) (Residential): You are proposing to construct in a Right-of-Way (ROW). Required setback fr,om the center of Birmingham st is 25'. Structures are required to be located on your lot outside the ROW.

Step # I Review Gomments: This structure is completely in the (R-O-W) and therefore requires a City of Tulsa R-O-W license and removal aqreement. Relocate the structure to comply with the minimum setback requirements or contact Chris Kovac @ 918-596-9649 for information on acquiring a R-O- W license and removal agreement. Step # 2 Review comment: Revise your site plan showing the structure to be located out of the right of way or you may pursue a variance from INCOG (lndian Nation Council of GovernmenÐ BOA to permit a structure in the City of Tulsa right of way.

Step# 3 Submit the approved R-O-W license removal aoreement and the BOA variance approval documents to the Citv Of Tulsa permit center as a revision to vour application.

Note: A Right Of Way (ROW) construct¡on perm¡t will be requ¡red after your appl¡cat¡ons for the ROW license and removal agreement and the BOA variance are approved. Right Of Way (ROW) construct¡on perm¡ts contact: Jerry Daily at 918-596-9630

2 tr.l g NOTE: THIS CONSTITUTES A PI-AN REVIEW TO DATE IN RESPONSE TO THE SUBMITTED INFORMATION ASSOCIATED WTH 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 THE APPLICANT.

KEEP OUR OFFICE ADVISED OF ANY ACTION BY THE CIry OF TULSA BOARD OF ADJUSTMENT OR TULSA METROPOLITAN AREA PLANNING COMMISSION AFFECTING THE STATUS OF YOURAPPLICATION FOR A ZON]NG CLEARANCE PERMIT.

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