Agenda Packet - Tulsa Planning Office

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1 AGENDA CITY OF TULSA BOARD OF ADJUSTMENT Regularly Scheduled Meeting Tulsa City Council Chambers 175 East 2nd Street, 2nd Level, One Technology Center Tuesday, June 9, 2020, 1:00 P.M. Meeting No. 1252 The City Board of Adjustment will be held in the Tulsa City Council Chambers and by videoconferencing and teleconferencing. Board of Adjustment members and members of the public may attend the meeting in the Tulsa City Council Chamber but are encouraged to attend and participate in the Board of Adjustment meeting via videoconferencing and teleconferencing by joining from a computer, tablet, or smartphone. Join Videoconference: https://www.gotomeet.me/CityOfTulsa3/boa-meeting-in- council-chambers-june-9th Join Teleconference by dialing: 1 (646) 749-3122 Participants must then enter the following Access Code: 471-574-485 The following City Board of Adjustment members plan to attend remotely via GoToMeeting, provided that they may still be permitted to appear and attend at the meeting site, Tulsa City Council Chambers, at One Technology Center, 175 East Second Street, Tulsa Oklahoma: Stuart Van De Wiele, Austin Bond, Briana Ross, Burlinda Radney and Jessica Shelton. New to GoToMeeting? Get the app now and be ready when your first meeting starts: https://global.gotomeeting.com/install/471574485 NOTE: In the event the audio or video feed becomes unavailable during this meeting, or if agenda items have not been heard by 5:00 pm, the agenda items not yet heard at that time shall be continued, and the meeting reconvened at 1:00 pm on Wednesday, June 10, 2020. In the event the meeting is reconvened on Wednesday June 10, it will be held in the Tulsa City Council Chambers and by videoconferencing and teleconferencing. The links for a reconvened meeting on June 10 are:

Transcript of Agenda Packet - Tulsa Planning Office

1

AGENDA CITY OF TULSA BOARD OF ADJUSTMENT

Regularly Scheduled Meeting Tulsa City Council Chambers

175 East 2nd Street, 2nd Level, One Technology Center Tuesday, June 9, 2020, 1:00 P.M.

Meeting No. 1252

The City Board of Adjustment will be held in the Tulsa City Council Chambers and by videoconferencing and teleconferencing. Board of Adjustment members and members of the public may attend the meeting in the Tulsa City Council Chamber but are encouraged to attend and participate in the Board of Adjustment meeting via videoconferencing and teleconferencing by joining from a computer, tablet, or smartphone. Join Videoconference: https://www.gotomeet.me/CityOfTulsa3/boa-meeting-in-council-chambers-june-9th Join Teleconference by dialing: 1 (646) 749-3122 Participants must then enter the following Access Code: 471-574-485 The following City Board of Adjustment members plan to attend remotely via GoToMeeting, provided that they may still be permitted to appear and attend at the meeting site, Tulsa City Council Chambers, at One Technology Center, 175 East Second Street, Tulsa Oklahoma: Stuart Van De Wiele, Austin Bond, Briana Ross, Burlinda Radney and Jessica Shelton. New to GoToMeeting? Get the app now and be ready when your first meeting starts: https://global.gotomeeting.com/install/471574485 NOTE: In the event the audio or video feed becomes unavailable during this meeting, or if agenda items have not been heard by 5:00 pm, the agenda items not yet heard at that time shall be continued, and the meeting reconvened at 1:00 pm on Wednesday, June 10, 2020. In the event the meeting is reconvened on Wednesday June 10, it will be held in the Tulsa City Council Chambers and by videoconferencing and teleconferencing. The links for a reconvened meeting on June 10 are:

2

Join Videoconference: https://www.gotomeet.me/CityOfTulsa3/boa-meeting-in-council-chambers-june-10th Join Teleconference by dialing: 1 (571) 317-3122 Access Code: 477-901-845 CONSIDER, DISCUSS AND/OR TAKE ACTION ON: 1. Approval of Minutes of April 28, 2020 (Meeting No. 1249).

UNFINISHED BUSINESS 2. 22864—Charles Okyere

Special Exception to increase the maximum driveway width within the right-of-way and on the lot in an RS-2 District (Section 55.090-F.3). LOCATION: 2518 East 26th Street South (CD 4) The applicant has withdrawn the application, the relief is no longer needed.

3. 22873—Carina Garcia

Special Exception to allow a manufactured housing unit in an RS-3 District (Section 5.020, Table 5-2); Special Exception to extend the time limit permanently (Section 40.210). LOCATION: 3811 South 27th West Avenue (CD 2)

4. 22877—Stephen Pedmia Special Exception to allow a small (< 250-person capacity) Indoor Commercial Assembly & Entertainment use to serve or sell alcoholic beverages within 150 feet of a residential district (Section 15.020, Table 15-2 & Section 15.020-G, Table Note 2). LOCATION: 6622 South Lewis Avenue East (CD 2)

5. 22879—J. R. Donelson Variance of the parking area design standards to permit an existing gravel parking lot (Section 55.090). LOCATION: 5866 South 107th East Avenue (CD 7)

6. 22894—Jorge Fernandez

Special Exception to increase the maximum driveway width, within the right-of-way and inside the street setback (Section 55.090-F.3). LOCATION: 3747 South 152nd Avenue East (CD 6)

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7. 22895—Israel Sanchez Variance to reduce the required 25-foot street setback in an RM-1 District (Section 5.030, Table 5-3). LOCATION: 119 North Wheeling Avenue East (CD 3)

8. 22902—Lamar Outdoor Advertising

Verification of the spacing requirement for an outdoor advertising sign with a dynamic display (Section 60.100-K). LOCATION: 10025 East 44th Place South (CD 7)

9. 22904—Sierra Russell

Verification of the 1,000-foot spacing requirement for a medical marijuana dispensary from another medical marijuana dispensary (Section 40.225-D). LOCATION: 6373 East 31st Street South, Suite J (CD 5)

10. 22908—Jonathan Bradley

Special Exception to permit a High-Impact Medical Marijuana Processing Facility in the IM District (Section 15.020, Table 15-2). LOCATION: 3329 West 5th Street South (CD 1)

NEW APPLICATIONS 11. 22914—Token Wellness

Verification of the 1,000-foot spacing requirement for a medical marijuana dispensary from another medical marijuana dispensary (Section 40.225-D). LOCATION: 504 East 11th Street South (CD 4)

12. 22916—Jackie Berrryhill

Verification of the 1,000-foot spacing requirement for a medical marijuana dispensary from another medical marijuana dispensary (Section 40.225-D). LOCATION: 4538 North Martin Luther King, Jr. Boulevard (CD 1)

13. 22917—Katina Walker

Verification of the 1,000-foot spacing requirement for a medical marijuana dispensary from another medical marijuana dispensary (Section 40.225-D). LOCATION: 2005 South 129th East Avenue, Suite A (CD 6)

14. 22918—M. D. Al-Amin

Verification of the 1,000-foot spacing requirement for a medical marijuana dispensary from another medical marijuana dispensary (Section 40.225-D). LOCATION: 1004 North Utica Avenue, Unit B (CD 1)

4

15. 22919—JCW Development, LLC Verification of the 300-foot spacing requirement for a plasma center from other plasma centers, day labor hiring centers, bail bond offices, pawn shops, and package stores (Section 40.300-A&B). LOCATION: 5130 South Harvard Avenue East (CD 9)

16. 22923—Corey Avington

Verification of the 1,000-foot spacing requirement for a medical marijuana dispensary from another medical marijuana dispensary (Section 40.225-D). LOCATION: 5529 East 15th Street South (CD 5)

17. 22925—Blazing B’s – Brent Barnes

Verification of the 1,000-foot spacing requirement for a medical marijuana dispensary from another medical marijuana dispensary (Section 40.225-D). LOCATION: 7839 East Admiral Place South (CD 3)

18. 22926—Crown RX – Brent Barnes

Verification of the 1,000-foot spacing requirement for a medical marijuana dispensary from another medical marijuana dispensary (Section 40.225-D). LOCATION: 7435 East Admiral Place South (CD 3)

19. 22928—Virginia Davis

Verification of the 1,000-foot spacing requirement for a medical marijuana dispensary from another medical marijuana dispensary (Section 40.225-D). LOCATION: 2611 East 11th Street South (CD 4)

20. 22930—Jennifer Fralick

Verification of the 1,000-foot spacing requirement for a medical marijuana dispensary from another medical marijuana dispensary (Section 40.225-D). LOCATION: 1135 East 61st Street South (CD 9)

21. 22933—Joe Puckett

Verification of the 1,000-foot spacing requirement for a medical marijuana dispensary from another medical marijuana dispensary OR in the alternative a Variance of 1,000-foot spacing requirement for a medical marijuana dispensary from another medical marijuana dispensary (Section 40.225-D). LOCATION: 5805 East 15th Street South (CD 5)

22. 22883—Rita Garcia

Special Exception to allow a fence or wall to exceed 8 feet in height and 4 feet in height in the street setback (Section 45.080-A)p; Variance to allow a fence or wall to be located inside the City of Tulsa planned right-of-way along East 11th Street South (Section 90.090-A). LOCATION: 13401 East 11th Street South (CD 6)

5

23. 22884—Brandon Ledezma Variance of required 5-foot side yard setback in an RS-3 District (Section 5.030, Table 5-3). LOCATION: 4408 North Delaware Avenue East (CD 1)

24. 22885—Susie Woody

Variance to reduce the required 5-foot side yard setback in an RS-3 District (Section 5.030, Table 5-3); Variance to reduce the 20-foot side setback for a street facing garage on a corner lot (Section 80.020-B). LOCATION1575 East 35th Place South (CD 9)

25. 22886—J. R. Donelson

Variance of the Parking Area Design Standards to permit an existing gravel parking lot (Section 55.090). LOCATION: 5628 & 5630 South 107th East Avenue (CD 3)

26. 22889—Brenda Lara

Special Exception to permit a carport in the street yard and street setback with modifications to increase to permitted height and length of a carport and to increase the allowed obstructions of the sides of the carport in a RS-3 District (Section 90.090-C.1). LOCATION: 1553 South 74th Avenue East (CD 5)

27. 22890—Kathy Wilson

Special Exception to permit a Type-2 Home Occupation (Piano Studio) in an RS-3 District (Sections 45.100-G & 70.120). LOCATION: 1440 East 36th Place South (CD 9)

28. 22892—Dale Bennett

Variance to permit additional dynamic display signage on a single lot (Section 60.080-E). LOCATION: 200 South Denver Avenue West (CD 4)

29. 22907—Tony Jordan

Variance of the required 35-foot setback from South Lewis Avenue in an RS-2 District (Section 5.030, Table 5-3). LOCATION: 2258 East 32nd Place South (CD 9)

30. 22915—John Cannon

Special Exception to allow a Public, Civic & Institutional/Governmental Service Use (Headquarters for Meals on Wheels) in an OM District (Section 15.020, Table 15-2). LOCATION: 5151 East 51st Street South (CD 5)

31. 22920—Eller & Detrich – Lou Reynolds

Special Exception to permit a self-service storage facility in a CS District (Section 15.020, Table 15-2). LOCATION: 1535 South Memorial Drive East (CD 5)

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32. 22921—Jose Soccorro Special Exception to increase the maximum driveway width within the right-of-way (Section 55.090-F.3). LOCATION: 4003 South 148th East Avenue (CD 6)

33. 22922—A-Max Sign Company

Variance to permit a projecting sign on a major street to exceed its maximum permitted height of 32 feet (Section 60.080-D). LOCATION: 405 North Main Street East (CD 4) The applicant has requested a continuance to June 23, 2020.

34. 22924—Kayla Lee

Special Exception to permit an Assembly and Entertainment/Other Outdoor Use and Business or Professional Office Use in an IM District (Section 15.020, Table 15-3). LOCATION: 1215 & 1217 East 3rd Street South (CD 4)

35. 22931—Bill Powers

Variance to permit the aggregate floor area of accessory buildings on a lot in an RS-3 District to exceed 40% the floor area of the primary residential structure (Section 45.030-B); Variance to permit a detached accessory building to exceed 18 feet in height and 10 feet in height to the top of the top plate (Section 90.090.C). LOCATION: 1539 South Detroit Avenue East (CD 4)

36. 22932—Eller & Detrich – Lou Reynolds

Special Exception to allow a Commercial/Assembly & Entertainment/Large (>250) in the CBD District (Section 15.020, Table 15-2). LOCATION: 1227 South Detroit Avenue East (CD 4)

OTHER BUSINESS

NEW BUSINESS BOARD MEMBER COMMENTS

ADJOURNMENT

Website: tulsaplanning.org E-mail: [email protected] CD = Council District

NOTE: If you require special accommodation pursuant to the Americans with Disabilities Act, please notify Tulsa Planning Office at 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 Tulsa Planning Office, INCOG. All 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 Tulsa Planning Office at 918-584-7526 if you require an official posted agenda.

80A.22864 - CHARLES OKYERE

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BOARD OF ADJUSTMENTCASE REPORT

STR: 9222 Case Number: BOA-22873CZM:46CD:2HEARING DATE: 0610912020 1:00 PM (Continued from 4/28/2020)

APPLICANT: CarinaGarcia

ACTION REQUESTED: Special Exception to allow a manufactured housing unit in an RS-3 district(Sec.5.020 Table 5-2.5); Special Exception to extend the time limit permanently (Sec.40.210)

LOCATION: 381 1 S 27 AV W ZONED: RS-3

PRESENT USE: Vacant TRACT SIZE: 7000.12 SQ FT

LEGAL DESCRIPTION: S 112 LT 4 BLK 30 , RED FORK

RELEVANT PREV¡OUS ACTIONS:

Subject Property: None

Surrounding Properties :

BOA-13728; On 09.12.85 the Board approved a Special Exception to permit a mobile home in anRS-3 District and variance of the 1-year time limit for a mobile home. Property located immediatelySouth of the subject property.RELATIONSHIP TO THE COMPREHENSIVE PLAN: The Tulsa Comprehensive 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 zoníng code.

The Areas of Stability include approximately 75% of the city's total parcels. Exísting 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 maintaín 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 qualityof 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.

ANALYSIS OF SURROUNDING AREA: The subject tract is located South of the SE/c of W. 38th StS. and S.27 W. Ave.

STAFF COMMENTS: The applicant ís requesting Special Exception to allow a manufacturedhousing unit in an RS-3 district (Sec.5.020 Table 5-2.5); Special Exception to extend the time limitpermanently (Sec.40 .21 0) 3,2

REVTSED 5/28/2O2O

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Section 40.¡10 Manufactured Housing Un¡tsThe supplernental regulåtions of this sëct¡on åpp¡y only to månuf¿¡ctured housing un¡ts äpproìred ãs

special excÊpt¡on uses ¡n R orAGR zoning distr¡ct5.

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ex€epüsn f nç{cpeclaletceptJon} c$ters¡on rff¡lestis f¡led befure êxpiratiun ofthe one-¡reer tims l¡m¡t.

¡l{L2tO{ No more than one månúactured housing un¡t may be located on â lÕt.

4{L2to{ Manufactured housing units åre requ¡red to comply with the same lot ändbuilding regulät¡ons that apply to detached houses in the subject zoning district.

SAMPLE MOTION:

Move to (approve/deny) a Special Exception to allow a manufactured housing unit in anRS-3 district (Sec.5.020 Table 5-2.5)', Special Exception to extend the time limit permanently(Sec.40.210)

a Per the Conceptual Plan(s) shown on page(s) ofthe agenda packet

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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 ofthe Code and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

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(Bradley, Chappel le,rrabsfEntlonsrt; none,September 26, 1985 toon the property.

of CLUGSTON and SEC0ND bY II|SLON, the Board voted 5-0-0Cl ugston' l{h lfe, }ll lson, nayen; no nnaysn; no

3727 untl It'absenttt) to @NTltlIE Case No.al low the appllcant fo revlew the uses al loned

Case lb. 15728

Actlon Requested:Speclal Exceptlon - Secflon 410Resldenttal 0lsfrtcts - Use Unltpermlt a moblle home ln an RS-5 zoof Sectlon 1680.

Prlnclpal Uses Permlffed ln1209 Request an axceptlon to

ned dlstrlct under the provlslons

Varlance - Sectlon 440,6 - Speclal Exceptlon Uses ln ResldentlalDlstrlcts - Requlrements - Use Unlt 1209 - Request a varlance of theone y€ar tlme llmlfatlon for a moblle home to permanently ln an RS-5zoned dlstrlct under the provlslons of Sectlon 1670' located on theNE/c of t{est 59fh Slreet and Soufh 27th Nest Av€nue.

Presentaf lon¡The appllcant' ltl lllam l{rlght, 147 South 54fh Uesf Avenue, Tulsa,Oklahoma, asked the Board to allow hlm to park a noblle home on hlsproperty. The appl lcant sald that he purchased the lo*approxlmafely 5 years ago and hacl prevlously been before the Boardto-get permlsslon to puÌ the moblle on the lot. Mr. lfrlght sTatedttra{ tre ras requf red to demol lshed the old house vhlch ras locatedon lhe tract and then return wlth a request for permanent locatlonof the moblle home. He noted that he Is nou asklng for thatpermanenf lnsfallment. Mr, Wrlght sald that he lnfends to brlck theoutslde of fhe traller and lmprove the property.

Prdestants: None.

Coqments qld Ouesf lgns:@ãlfã¿ Mr, t{rtght lf the moþlle home ls sklrted.

llrlght staTEd that he has the sklrting, buf has nof lnsfalledunlll flnal lnspectlons of the water llnes are made'

Mr.It

l4s. t{l lson asked the appl lcanf lf he Is llvlng ln the noblle home atthls ftme. Mr. l{rlghf stated that he rlll not ¡pve ln untll he has

a permlt to leave the rnoblle on the lot permanently.

Ms. Bradley asked the appl lcant to address the hardshlp ln thlscase. Mr. l{rlght stated fhat he ls upgradlng the property and has

approval from all of hls nelghbors.

ùlr. Jackere polnted out that the rallroad ls behlnd the property and

fhere are numerous fypes of zonlng ln the area.

9,12,85t447 (9)

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9ase_No. 15729 (cont inued)Mr. l{rlghf lnformed that he may use the nobile for renfal propertyafter the insfallaf lon ls complete.

Board Action:0n MOT|ON of CLUGSTON and SECOND by tt¡HITE, fhe Board vo+ed 5-0-0(Bradley, Chappelle, Clugston, l{hlte, l{i lson, rayerf ; no frnaysrt;.

-nonabsteniionstt; none, rabsenfr) fo AIPROVE a Speclal Fxceptlolt(Sectlon 410 - Princlpal Uses Permltted ln Resldential Dlstrlcts -Use Unlt 1209) to permit a n¡obile home ln an RS-5 zoned dlstrictunder the provislons of Sectlcr 1680; and to ôtfRO!! a Varlance(Section 440.6 - Speclal Exception Uses in Resldential Districts -RequlremenTs - Use Un¡t 1209) of the one year tlme llmltation for a

rcblle horne to permanently ln an RS-3 zoned distrlct under theprovlslons of Section 1670¡ subject to sklrtlng belng lnstalled;finding a hardshlp demonstrated by multiple zonlng ln fhe area;ffndfng thaf the mobile home would not be detrimental to thenelghbórhood and would be ln harmony wlth the splrlt and intent ofthe- Code and the Comprehensive Plan¡ on the following describedproperty:

Lot 5, Block 50, 0riginal Townsíte of Red Fork, Cíty of Tulsa,Tulsa County, 0klahoma.

Case llo. l57E

Acfion Requesfgd:æectlon240,2(e)PermittedYard0bstructions.UseUnif

lZOg - Request a varlance to permit 2 detached accessory buildlngs*o total 960 sq. ft. and to locate one buildlng În the side yard lnan RS-f zoned district.

Varlance Section 420.Z(aIvarlance of fhe tt setback5656 South 0lympîa.

Presentaf i on:The applicant, Donald Brannum,submitted a plot plan (Exhib

Accessory Use Condltíons - Request a

from interior llnes to lr, located at

3636 South 0lympla, Tulsa, 0klahoma,¡t E-t ) far a proposed 20t bY t6l

garage.

Comments and Ouest¡onss-- Irls. grãO¡ey asked Mr. Brannum to explain the use of fhe new garage.He explalned that it would be used for normal purposes.

Mr. Chappelle asked the appllcant lf he plans to conduct a buslnessin the garage and he answered that he dld not know.

Ms. l{hite lnquired lf a buslness ls belng operated on the subjectproperty at this tìme. The appl lcant repl led that he ls doing some

uphostery work in a small exlsting bulldlng.

9.12.85:.447 ( l0)

g.'l

Jeff S. TaylorZoning Official

Plans Examiner ll

TEL(e18) 596-7637jstaylor@cityoft u lsa.org

DEVELOPMENT SERVICES175 EAST 2Nd STREET, SUITE 450

TULSA, OKLAHOMA 74103

ZONING CLEARANCE PLAN REVIEW

Carina Garcia9t23t2019

APPLICATION NO: ZCO442O88-2019 (PLEA9E REFERENCE THts NUMBER WHEN CjNTACTTNG oUR

oFFrcE)Project Location: 38ll S 27n W AveDescription: Manufactured Housing Unit

(continued)

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 WTH THE REFERENCED CODE SECTIONS.

REVISIONS NEED TO INGLUDE 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 OFADJUSTMENTAPPROVAL DOCUMENTS, IF RELEVANT

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

AT 175 EAST 2Nd STREET, SUITE 450, TULSA, OKLAHOM A 74103, PHONE (918) 596'960I.

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

PLANS EXAMINERS.

SIJBMff-TALS FAXED / EMAILED TO PLANS EXAMINERS WILL NOT BE ACCEPTED.

1. SUBMTT TWO (2) SETS [4 SETS tF HEALTH DEPARTMENT REVIEW lS REOUIRED] OF REVLSFD

OR ADDITIONAL PLANS. REVISIONS SHALL BE IDENTIFIED WTH CLOUDS AND REVISION

MARKS,

2. INFORMATION ABOUT ZONING CODE, INDIAN NATION COUNCIL OF GOVERNMENT (INCOG),

BOARD OF ADJUSTMENT (BOA), AND TULSA METROPOLITAN AREA PLANNING COMMISSION

(rMAPc) ls AVAILABLE oNLINE Ar \ ^/v\4{

1u9,q9,.989-9R Ar INCOG oFFlcES Arà w. 2no'sr., B,n FLooR, TULSA, oK,74103, PHoNE (918) 584-7526.

3. A copy oF A'REçORD SEARCH'Ll!$ t x ilS NOT INCLUDED WITH THIS LETTER. PLEASEpRESENT THE .RECORD SEARCn"ffiTC inlttH tftls LETTER TO INCOG STAFF AT TIME OF

APPLYING FOR BOARD OF ADJUSTMENTACTION AT INCOG. UPON APPROVAL BY THE BOARD

OF ADJUSTMENT, INCOG STAFF WLL PROVIDE THE APPROVAL DOCUMENTS TO YOU FOR

tMMEDIATE SUBMTTTAL TO OUR OFFICE. (See revisions submittal procedure above:).

3,8

REVIEW COMMENTS

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

Aoplication No. ZCO-042088-2019

Note: As provided for in Section 70.130 you may request the Board of AdJustment to grant a variance from theterms of the Zonlng Code requirements ldentified in the letter of deficlenoy below. Please dlrect all questionsconcernlng varlances, speoial exceptlons, appeale of an administrative offlclal decislon, Maetar PlanDevelopments Districts (MPD), Planned Unit Developments (PUD), Gorrldor (CO) zoned districts, zonlng changes,plattlng, lot splits, lot comblnatlons, alternative compliance landscape and screenlng plans and all questionsregarding (BOA) or (TMAPC) appllcation forms and fees to an INCOG representative at 584'7526. lt ls yourresponslbility to submit to our offlces documentation of any appeal decislons by an authorized decision makingbody affectlng the status of your appliaation so we may continue to process your application. INCOG does not actaa your legal or responsible agent ln submltting documents to the City of Tulsa on your behalf.Staff review comments may sometimes ldentify oompliance methods as provided in the Tulsa Zonlng Code. Thepermit applicant is responslble for explorlng all or any options available to address the nonoompllance and submitthe selected compllance option for review. Staff revlew makes neither representatlon nor recommendation as toany optlmal method of code solution for the proJect.

1. Sec.5.020 Table 5-2: The submitted application indicates construct¡on of a "ManufacturedHousing Unit" per documents submitted to our office. The proposed Manufactured Housing Unitis located in an RS-3 Zoning District.

Review Comments: Manufactured Housing Units are allowed in this zoning district by specialexception. Apply for a Special Exception from the City of Tulsa Board of Adjustment (BOA) perSec.70.120 to allow a Manufactured Housing Unit to be placed on your lot. Once you receiveapproval vou will need to submit the approval documents to this office. *Applv for a Building permitto place a manufactured Housing Unit on this lot.*

2. Section 40.210 Manufactured Hous¡ng UnitsThe application for a spec¡al except¡on must be accompanied by a written signed agreement by+ha a¡nli¡a¡+ a^¡l +lra *¡anar1 ta ¡am¡rr¡ *ha man..f^^¿' '.^r,¡ lr^' '^i^¡ ' '^;+ ..,;+t-;^utE aPPiludtil. ciltLt LttE PtvPqtty rJvvt¡gr LU rEilrLrvs r.rrs ilrattL¡tau¡,utrt\¡ ttrJuÞltt9 utilt vvil,tilil uiltt yrtdtof the date of special exception approval.

40.210-A The manufactured housing unit must be removed from the lot within one year of thedate of special exception approval. The board of adjustment is authorized to extend the one-year limit through approval of a subsequent special exception if the (special exception)extension request is filed before expiration of the one-year time limit.

Review Comments: Provide a written signed agreement to the BOA that the manufacturedhouse will be removed within one year or seek a special exception from the BOA to extend thesubsequent one year time limit.

3. Site plan: Your application did not include a complete site plan. The zoning clearance reviewfor your permit application will resume after a complete site plan is submitted. Please note thatadditional deficiencies may be found and will need to be resolved prior to approval of yourapplication. ïhe site plan must show:

' Legal description of the property;

2

3,q

4.

Boundarics and dimensions of property and names of bordering streets. All property lines must be

shown;

Location, dimensions and identification of existing and proposed buildings, structures and driveway.

Distances from all property lines to the proposed building or structures, and the distance from the

proposed work to the centerline of the street;

Identiff any easements and public rights of way;

Include all architectural projections; i.e. stairs, porches, balconies' fireplaces, etc.;

Location of all utility service lines and meters;

North ¿urow.

Revise and resubmit your site plan containing the information listed above and resubmit the changes

as a revision.

Below is a link to our,,Residential Construction Permit Procedures" booklet. ln the bookletyou w¡¡l find informat¡on concern¡ng the required drawings needêd for applying for aperm¡t.

http://www.cityoftulsa.org/media/1 259/res-091 0201 4' odf

55.0g0-F Surfacing. All otf-street parking areas must be surfaced with a dustless, all-weather surface

unless otherwise eipressly stated in this zoning code. Pervious pavement or pervious pavement systems

are allowed subject io the supplemental regulations of $55.090-F4. Parking area surfacing must be

completed prior to initiation of the use to be served by the parking'

Review Comments: provide a dusfless all-weather parking surface from the public street to the proposed

gárag" or apply to the Board of Adjustment for a Variance (section 70.120) to allow a material other than

ãn aþproveO material meeting the requirements of 55.090-F'

65.090-A ApplicabilitY

The parking area design regulations of this section apply to all off-street parking lots for motor vehicles,

whether containing required parking spaces or non-required parking spaces.

Review Comments: you are proposing a parking space that does not meet the minimum parking size

requirements. Provide 2 parking space. Each parking space must be 8.5 feet by 18 feet on this lot or

apply to BOA for a variance to allow less than the required parking space size.

Thls letter of deficlenoles cove¡rs Zoning plan revlew items only. You may recelve addltional lEtters from other

orsciprines suoh as Buirdrns "'li,*'í"t:i:,',ir',:'iî3:i:!,nïrili:1t;;;:::J" thrs retter' A hard copv of thrs

please Notify plans Examlner By Email When You Have Submltted A Revlslon. lf you originally submlt paper

plans, revlslons ru"i ¡à EuOmlíted es paper plane. lf you submlt onllne, revisions must be submltted onllne

6

END -ZONING CODE REVIEW

NOTE: THIS CONSTITUTES A PLAN REVIEWTO 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 REOUESTED IN THIS LETTER OR UPON ADDITIONAL SUBMITTAL FROM THE

APPLICANT.

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Site:

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Tulsa, OK 74108

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Notes:

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3. Vapor barrier 6 mill placed on top of ground toextend 6 inches beyond concrete on all sides.

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5. Grading to divert surface water away from foundation.

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objection ro Request for special Exception ln case BaL-zzg7g& Reqqgrt for continrance of closed Mq.erine to Altow a public Hearinq

The parties below are residents and/or property owners in the neighborhood dírectlyaffected by the subject special Exception Request, or adjacent to it.

The parties berow ail strongry oppose this Request!

This neighborhood has challenges, but it has some beautiful homes as wellas someneglected homes.

There are some persons trying to fix up and improve the single family residentialcharacter of th¡s neighborhood, and there are some existing detrimentalcode violations thatare already eroding íts single family character.

This neighborhood is one of the oldest and most historic in the city, lt should berestored and preserved, not pushed offthe edge into further single family home degradationand deterioration. lf approved, that is the effect the subject Request will have. That isprecisely why a special exception for the requested use is required, as opposed to beingnormally acceptable.

The subject request should be denied, and the existing flagrant code violations shoutdnow be corrected.

Lastly, the parties below object to this "Public" meeting being held in a .,ctosed to the

Public" fashion. we understand why cur'¡'ent conditions do not support an ,,open to the pubiic,,setting, but in the alternative ít should be continued until it can be. lt is too important to nothave a true "Public" meeting, as intended.

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Name & Address Email Tel. #

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objection to Request for special Exception in case Bol^-2zgzz&.Rqqugst fo.r conrin,l¡ancq.of Çlo.çed M.eetinq tp Aflow.a public HearinF

The parties below are residents and/or property owners in the neighborhood directlyaffected by the subject special Exception Request, or adjacent to it.

The parties below all strongly oppose this Request!

This neighborhood has challenges, but it has some beautifulhomes as wellås someneglected homes.

There are some persons trying to fix up and improve the singfe family residentialcharacter of this neíghborhood, and there are some existing detrimentalcode violations thatare already eroding its single family character,

This neighborhood is one of the oldest and most historic in the city. lt should berestored and preserved, not pushed off the edge into further single family home degradationand deterioration. lf approved, that is the effect the subject Request will have. That isprecisely why a special exception for the requested use is required, as opposed to beingnormally acceptable.

The subject request shoutd be denied, and the exísting flagrant code violations shouldnow be corrected.

Lastly, the partíes below object to this "Public" meeting being held in a .,Closed to thePublic" fashlon. We understand why cur¡'ent condltíons do not support an ,.ûpen to the public,,setting, but in the alternatíve it should be continued until it can be. lt is too important to nothave a true "Public" meeting, as intended.

Name & Address Email Tel. #

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objection to Request for special ExceptÍon in case BoA-zzgz3& RFquest,for,continr".ncg of closed M""rinE to Allqw q pqbli. Hgaring

thè partiei'bä¡ôil¡¿ t"rid*nt, and/or property o*n"r, in the neighborhood directlyaffected by the subject special Exception Request, or adjacent to it.

The parties below all strongly oppose this Requestl

This neighborhood has challenges, but ¡t has some beautiful homes as wellas someneglected homes.

There are some persons trying to fíx up and improve the single family residentialchar¿cter of this neighborhood, and there are some existing detrimental code violations thatare already eroding its single family character.

This neighborhood is one of the oldest and most historic in the city. lt should berestored and preserved, not pushed offthe edge ínto further single family home degradationand deterioration. lf approved, that is the effect the subject Request will have. That isprecisely why a special exception for the requested use is required, as opposed to beingnormally acceptable.

The subject request should be denied, and the existing flagrant code violations shouldnow be corrected

Lastly, the parties below object to ihis "Public" meeting being held in a ,,Closed to the

Public" fashion; We understand why current condítions do not support ãn ,,ûpen to the pubiic,,sett¡ng, but ín the alternative it should be continued until it can be. tt ¡s too important to nothave a true "Public" meeting, as intended.

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Chapman, Austin

From:Sent:To:Subject:

Jill Halstead <jillhalsteadl 1 [email protected]>Monday, March 23,2020 8:03 PM

esubmitopposition to case 22873

We are a home owner at 3623 S 26th Ave W

We Do Not agree to the special exception of allowing a manufactured housing unit to be moved in permanently toproperty 3811S.27th Ave W.

This decision will lessen the property value of other homes in our neighborhood of Red Fork one of the oldest

neighborhoods around.

Billy and Jill Halstead9L8 445 8630

1 3. aro

Sparger, Janet

From:Sent:To:

Subiect:

Chapman, AustinMonday, March 23,2020 3:30 PM

[email protected];Austin P. Bond; Burlinda Radney; Briana Ross; Jessica

SheltonSparger, Janet; Wilkerson, Dwayne; Blank, Audrey; Swiney, Mark

FW:Case # BOA-22873

Please see the email below in opposition to BOA-22873

Best,

Austin ChapmanPlanner, City of Tulsa Board of AdjustmentTulsa Planning Office2 W. 2nd St., 8th Floor I Tulsa, oK 74103

579.947r

Determining compliance to zoning or building code requirements is not a function of this office.

TUTSA e Building Permits Division will address compliance upon application for a building permit or occupancy I

FLANNIHG OFFICE 18) s96-e4s6)

From: Jana Schell <[email protected]>

Sent: Monday, March 23,2O2O 12:55 PM

To: Chapman, Austin <[email protected]>

Subject: Case # BOA-22873

I am ADAMANTLY OPPOSED TO A MOBILE HOME BEING PUT lN OUR NEIGHBORHOOD!!l t}Oo/o NOI!!!!! NOI!!l NO!ll!

Jana Schell

3808 S.29th W. Ave. Tulsa okla 74tO79L8-946-7622

Sent from Yahoo Mail for iPhone

Cc:

All

1 3,a\

Sparger, Janet

From:Sent:To:

Cc:

Subject:

Chapman, AustinMonday, March 23,2020 3:26 PM

[email protected];Austin P. Bond; Burlinda Radney; Briana Ross;Jessica

SheltonSparger, Janet; Swiney, Mark; Blank, Audrey;Wilkerson, Dwayne

FW: Concerning Case BOA-2287 3

All,

Please See the email in opposition to BOA-22873 below

Best,

Austin ChapmanPlanner, City of Tulsa Board of AdjustmentTulsa Planning Office2 W.2nd St.,8th Floor I Tulsa, OK74t03

18.579.9471

etermining compliance to zoning or building code requirements is not a function of this office.

TULSA Building Permits Division will address compliance upon application for a building permit or occupancy tr

PLANHIHG OFFleE (e18) se6-e4s6Ì

From: Bruce, Kyle <[email protected]>Sent: Monday, March 23,2O2O LL:23 AMTo: Chapman, Austin <[email protected]>

Subject: Concerning Case BOA-22873

Dear Austin, concerning the rezoning of property on wests¡de of Tulsa , in red fork district....Case # BOA-

22873.....NO,NO,NO I live at 365L south 28th west ave, Tulsa Ok,74LO7 and I do not want trailers being brought into our

neighborhood ! We are refurbishing and investing to make Nice homes in redfork and we are struggling enough to turn ¡t

around and make it better this is a NEGATIVE move in regards to making things better, and by the way tell that guy after

a year he should finish siding his house before thinking of starting other projects.....l'm not lying, look at it yourself.

ALSO, my father who lives in a house I own across the street at 3708 s. 28th west Ave , Tulsa OK.74IO7 DOES NOT WANT

lT EITHER! Matter of fact none of the 4 neighbors I told does so please say NO to this bad ldea. Thank you.

R. Kyle BruceSr. Field lnspectorAWS C.W.|./C.W.E.APt 1169, NACE918-645-2656TDWilliamson

1 3. ag

Tulsa, OK

[email protected]

This message and any attachments may be a confidential attorney-client communication or otherwise be privi leged and

confidential. lf you are not the intended recipient, any review, distribution or copying of th¡s transmittal is prohibited. lfyou have received this transmittal in error, please reply by e-mail and delete this message and all attachments.

2 3, e,q

Sparger, Janet

From:Sent:lo:Subject:

A Brashear <[email protected]>Monday, March 23,2020 10:04 AM

esubmitHi

Case # boa-22873. Property address. 3811" s 27 av w Tulsa,ok.

This is a housing addition yes it is been here for a long time Redfork and these houses that are currently here are being

fixed up and brought back to life many in the addition there should not be any mobile homes allowed to be in here todowngrade our property values this was not set up for a mobile home park this should not be a thanks Earl Brashear

Sent from my iPad

1 3,30

Sparqer, Janet

From:Sent:To:Subject:

Personal Email <[email protected]>Tuesday, March 17,2020 2:42 PM

esubmitBOA-22873

Good afternoon,

I am writing to provide comments on BOA-22873 which requests a special exception to allow a mobile home and extend

the time allowed to permanent. I am not in favor of this exception as I believe this does not serve the long term vision of

the community and the precedent this sets for future requests.

West Tulsa has been consistently looking for ways to improve the local neighborhoods as well as develop growth and

capitalize on the proximity to Route 66. This vision seeks to improve and rejuvenate the historical homes in the area and

a mobile home seems out of step with what the community as a whole is trying to achieve.

Additionally it is concerning to me that if this request is approved, it seems that it would be difficult to decline future

requests like this and that would be very impactful to the overall identity and direction of the area.

We take a lot of pride and effort in maintaining and improving our property and believe this request, if approved, would

be detrimental to our property value in the long run.

Brian & Joan Fields

1 3,3\

Sparger, Janet

From:Sent:To:Subject:

lindapindaBB < [email protected] >

Tuesday, June 2, 2020 10:02 AMesubmitCase BOA-22873

Good Morning!I did get a notice that Carina Garcia wants to be allowed to build a manufactured home close to my rental.Although,l appreciate her need,l 100 percent object to this exception and feel it will lower the values of homesin that area. I am from out if state and unable to appear in person. I did try the website but, it failed me. lt isvery important to me,as an investor, to not allow this. Please tell me if I need to do anything more to avoid thissituation and let the courts know I object. Thank youLinda Gage925 822 6440

Sent from my Verizon, Samsung Galaxy smartphone

1 3,3a

The staff members attending in person are as follows

Mr. Stuart Van De Wiele, ChairMs. Jessica Shelton, Board MemberMs. Susan Miller, Tulsa Planning OfficeMr. Austin Chapman, Tulsa Planning OfficeMr. Nathan Foster, Tulsa Planning Office,Ms. Janet Sparger, Tulsa Planning Office

**********

MINUTES

On MOTION of SHELTON, the Board voted 3-0-1 (Ross, Shelton, Van De Wiele "aye";no "nays"; Radney "abstaining"; Bond absent) to f!ROV! the Minutes of theFebruary 11 , 2020 Board of Adjustment meeting (No. 1244).

On MOTION of SHELTON, the Board voted 4-0-0 (Radney, Ross, Shelton, Van DeWiele "aye"; no "nays"; no "abstentions"; Bond absent) to APPROVE the Minutes of theFebruary 25,2020 Board of Adjustment meeting (No. 1245).

On MOTION of SHELTON, the Board voted 4-0-0 (Radney, Ross, Shelton, Van DeWiele "aye"; no "nays"; no "abstentions"; Bond absent) to APPROVE the Minutes of theMarch 10,2020 Board of Adjustment meeting (No. 1246).

NEW APP IEATIONS

22873-Carina Garcia rllt coPïAction Requested:Special Exception to allow a manufactured housing unit in an RS-3 District(Section 5.020, Table 5-2); Special Exception to extend the time limit permanently(Section 40.210). LOCATION:3811 South27th WestAvenue (CD 2)

Presentation:The district City Councilor has requested a continuance to April 28, 2020, and theapplicant has agreed to the continuance.

lnterested Parties:There were no interested parties present.

03124/2020-1247 (2)

,.

3.3 ì

ilLt c0PIGomments and Questions:None.

Board Action:On MOTION of SHELTON, the Board voted 4-0-0 (Radney, Ross, Shelton, Van DeWiele "aye"; no "nays"; no "abstentions"; Bond absent) to GONTINUE the request for aSpecial Exception to allow a manufactured housing unit in an RS-3 District (Section5.020, Table 5-2); Special Exception to extend the time limit permanently (Section40.210) to the April 28, 2020 Board of Adjustment meeting; for the following property:

S 1/,2 LT 4 BLK 30, RED FORK, City of Tulsa, Tulsa County, State of Oklahoma

22877-Stephen Pedmia

Action Requested:Special Exception to allow a small (< 25O-person capacity) lndoor CommercialAssembly & Entertainment use to serve or sell alcoholic beverages within 150 feetof a residential district (Section 15.020, Table 15-2 & Section 15.020-G, Table Note2). LOGATION: 6622 South Lewis Avenue East (CD 2)

Presentation:The district City Councilor has requested a continuance to April 28, 2020, and theapplicant has agreed to the continuance.

lnterested Parties:There were no interested parties present.

Gomments and Questions:None.

Board Action:On MOTION of SHELTON, the Board voted 4-0-0 (Radney, Ross, Shelton, Van DeWiele "aye"; no "nays"; no "abstentions"; Bond absent) to CONTINUE the request for aSpecial Exception to allow a small (<25O-person capacity) lndoor Commercial Assembly& Entertainment use to serve or sell alcoholic beverages within 150 feet of a residentialdistrict (Section 15.020, Table 15-2 & Section 15.020-G, Table Note 2) to the April 28,2020 Board of Adjustment meeting; for the following property:

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BOA-228770 250 500Feet

18-13 06

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BOARD OF ADJUSTMENTCASE REPORT

STR: 8306 Case Number: BOA-22877

CZM:52CD= 2

HEARING DATE: 0610912020 1:00 PM (Continued from 4/28/2020)

APPLICANT: Stephen Pedmia

ACTION REQUESTED: A Special Exception to allow a Small (< 250 person capacity) IndoorCommercial Assembly & Entertainment Use to serve or sell Alcoholic Beverages within 150 feet of aResidential Zoning District (Sec. 15.020, Table 15-2, Sec. 15.020-G Table Note 2)

LOCATION: 6622 S LEWIS AV E ZONED: CS

PRESENT USE: Vacant TRACT SIZE: 59198.28 SQ FT

LEGAL DESCRIPTION: PRT NE SE BEG 2505 & 50WSECR SE TH 5292 W190 S98 W10 N390E2OO TO POB LESS BEG 2385.91N & sOWSECR SE TH W1O SE14.14 N1O TO POB SEC 61814

RELEVANT PREVIOUS ACTIONS:

Subject Tract:

BOA-16979; On 03.14.95 the Board approved a Special Exception to permit a dry-cleaning facility ina CS District.

Surrounding Properties: None

RELATIONSHIP TO THE COMPREHENSIVE PLAN: The Tulsa Comprehensive Plan identifies thesubject property as part of a "Mixed-Use Corridor " and an "Area of Growth"

Mixed-Use Gorridors are Tulsa's modern thoroughfares that pair high capacity transportationfacilities with housing, commercial, and employment uses. Off the main travel route, land uses includemultifamily housing, small lot, and townhouse developments, which step down intensities to integratewith single family neighborhoods. Mixed-Use Corridors usually have four or more travel lanes, andsometimes additional lanes dedicated for transit and bicycle use. The pedestrian realm includessidewalks separated from traffic by street trees, medians, and parallel parking strips. Pedestriancrossings are designed so they are highly visible and make use of the shortest path across a street.Buildings along Mixed-Use Corridors include windows and storefronts along the sidewalk, withautomobile parking generally located on the side or behind.

The purpose of Areas of Growth is to direct the allocation of resources and channel growth to whereit will be beneficial and can best improve access to jobs, housing, and services with fewer and shorterauto trips. Areas of Growth are parts of the city where general agreement exists that development orredevelopment is beneficial. As steps are taken to plan for, and, in some cases, develop or redevelopthese areas, ensuring that existing residents will not be displaced is a high priority. A major goal is toincrease economic activity in the area to benefit existing residents and businesses, and wherenecessary, provide the stimulus to redevelop.

4.Â.REVTSED 5/2A/2O2O

ANALYSIS OF SURROUNDING AREA: The subject tract is located at the SWc of E 66 Pl S and SLewis Ave.

STAFF COMMENTS: The applicant is requesting a Special Exception to allow a Small (. ZSO

person capacity) lndoor CommercialAssembly & Entertainment Use to serve or sell AlcoholicBeverages within 150 feet of a Residential Zoning District (Sec. 15.020, Table 15-2, Sec. 15.020-GTable Note 2)

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15.ü2fl-6 Table NotesThe followinE notes refer to the bracketed numbers {e.9."" tln in Inhle.LÍi¿;

fll HeEtaurant is permitted as accesEory r-rså in Õ!* ûM" and OMH diçtricts. Uçe

must be lorated entirely within the princípal office building and may not occupymore than 59,ü of the buildingls floor are¿.

[2]Use requireË speciale¡€epton approval ¡f alæfiolic bercrages ara sold çrserued. årid fte subþct lot is loceted uíthin 150 feet of, any residential zoningdistr¡rt other th¡r¡ R¿oned sfeet rigfÈofaray {see Eiõurafãll.

This use is subject to the supplemental regulations of Sec. 40.040:

Section 40.040 Assemb$rand fntertai*mentWhenever an assen'¡bly and entertainrnent use is located on a lot abutting an R or AG-R-zçned lot ascreening wall or fence rnust be provided along the comn¡on lot line in accordanre with the Flscreening fence orw¿ll standards of Sñþ.!Jf;L

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SAMPLE MOTION:

Move to (approve/deny) a Special Exception to allow a Small (< 250 person capacity)Indoor Commercial Assembly & Entertainment Use to serve or sell Alcoholic Beverages within 150feet of a Residential Zoning District (Sec. 15.020, Table 15-2, Sec. 15.020-G Table Note 2)

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

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 ofthe Code and will not be injurious to the neighborhood or othenryise detrimental to the public welfare.

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REVTSED 3/!7/2O2O

Case No. 16979

Action Requested:Speclal Eiception to permit a 1983 sq ft dry cleaning facility in a CS zoned dístrict -

SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL DISTRICTS. USE

Unit 15; located 6630 South Lewis,

Presentation:The applicant, Cynthia Woodson, 1519 East 75th Street, was represented by Tod

Sanders, owner of Comet Cleaners, who submitted a plot plan (Exhibit W-1) and

requested permission to operate a cleaners at the above stated location.

Comments and Questions:

-tn repLy to ¡¡r. Bolile, Mr. Sanders replied that the cleaning establ¡shment will be

located on Spaces 4 and 5.

Mr. Bolzle asked if this location will be limited to pick-up and delivery, and Mr.

Sanders stated that a dry cleaning plant will be in operation.

Mr. Gardner advised that the cleaning industry has changed considerably since the

last Code revision, and another revision is being considered that will permit additional

square footage by right.

Protestants:None.

Board Action:bn MOTION of BOI-ZLE, the Board voted 5-0-0 (Abbott, Bolzle, Doverspike, Turnbo,

White, "aye"; nO "nays"; nO "abStentiOnS"; none "absent") tO APPROVE a SpeCial

Exception to permit a 1983 sq ft dry cleaning facility in a CS zoned district -SECTION 701. PRINC¡PAL USES PERMITTED IN COMMERCIAL DISTRICTS. USE

Unit 15; per plan submitted (Spaces 4 & 5); finding the use and size of the cleaning

establishment to be compatible with the area; on the following described property:

A tract of land lying in the SE/4, Section 6, T-18-N, R-13-E of the lBM, )ulsaCounty, Oklahoma, according to the United States Government Survey thereof,

described as follows: Beginning at a point on the east line of said Section 6 adistance of 2092,20' north of the SE/c of said Section 6, thence due north adistance of 292', thence N 89" 59'W a distance of 25O', thence due south adistance of 390', thence S 89' 59' E a distance of 10', thence due north a

distance of g8', thence S 89' 59' E a distance of 24O' to the POB, City ofTulsa, Tulsa County, Oklahoma.

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DANA L. BOXZONING OFFICIAL

PLANS EXAMINER II

TEL (918) 596-9661

danabox@cityoftulsa. org

LOD Number: IFemiFasesin421 S. Olympia Ave.Tulsa, OK 74127

APPLICATION NO:

Location:Description:

DEVELOPMENT SERVICESI75 EAST 2"d STREET, SUITE 450TULSA, OKLAHOMA 74103

ZONING CLEARANCE PLAN REVIEW

February 14,2020

Phone: 9,l8-346-9700

zco-051934-2020(PTFASE REFERENCE THIS NUMBERWHEN CONTACTING OUR OFFTCÐ

6622 S. Lewis Ave.Event Center

INFORMATION ABOUT SUBMITTING REVISIONS

OUR REVIEW HAS IDENTIFIED THE FOLLOWING CODE OMISSIONS OR DEFICIENCIES IN THEPROJECT APPLICAT¡ON FORMS, DRAWINGS, AND/OR SPECIFICATIONS. THE DOCUMENTS SHALLBE REVISED TO COMPLYW|TH THE REFERENCED CODE SECTIONS,

REVISIONS NEED TO ¡NCLUDE THE FOLLOWING:

1. A COPY OF THIS DEFIC]ENCY LETTER2. AWRITTEN RESPONSEAS TO HOW EACH REVIEW COMMENT HAS BEEN RESOLVED3. 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 LOCATËD AT175 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 THEPLANS EXAMINERS.

SUBMITTALS FÐGD / EMAILED TO PI.A'VS EXAMINERS WILL NoLBEAOEEETED.

IMPORTANT INFORMATION

1. IF A DESIGN PROFESSIONAL IS INVOLVED, HIS/HER LETTERS, SKETCHES, DRAWINGS, ETCSHALL BEAR HIS/HER OKLAHOMA SEAL WITH SIGNATURE AND DATE.

2. SUBMTT TWO (2) SETS OF DRAWTNGS lF SUBMTTTED USING PAPER, OR SUBMIT ELECTRONICREVISIONS IN "SUPPORTING DOCUMENTS', IF ORIGINALLY SUBMITTED ON-LINE, FORREVISED OR ADDITIONAL PLANS. REVIS¡ONS SHALL BE IDENT¡FIED WITH CLOUDS ANDREV¡SION MARKS.

3. TNFORMATTON ABOUT ZONTNG CODE, tNDtAN NATION COUNCTL OF GOVERNMENT (INCOG),BOARD OF ADJUSTMENT (BOA), AND TULSA METROPOLTTAN AREA PLANNING COMMISSION(TMAPC) lS AVATLABLE ONLINE AT \M M/.INCOG.ORG OR AT INCOG OFFICES AT2W.2nd ST.,8rh FLOOR, TULSA, OK,74103, PHONE (918) 584-7526.

4. A COpy OF A "RECORD SEARCH" [JEllg f lrs NOT TNCLUDED W|TH TH|S LETTER. PLEASEPRESENT THE "RECORD SEARCH" ALONG WITH TH¡S LETTER TO INCOG STAFF AT TIME OFAPPLYING FOR BOARD OF ADJUSTMENT ACT¡ON AT INCOG. UPON APPROVAL BY THE BOARDOF ADJUSTMENT, INCOG STAFF WILL PROVIDE THE APPROVAL DOCUMËNTS TO YOU FORIMMEDIATE SUBMITTAL TO OUR OFFICE. (See revisions submittal procedure above.).

(continued)

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REVIEW COMMENTS

SECTIONS REFERENCED BELOW ARE FROM THE CIry OF TULSA ZONING CODE TITLE 42 AND CAN BE VIEI^/ED AT

WWW.CITYOFTULSA.BOA.ORG

zco-os1934-2020 6622 S. Lewis Ave. February 14,2020

Note: As provided for ln Section 70.130 you may rêquest the Board of Adjustment (BOA) to grant a variance fromthe terms of the Zoning Code reguirements identified in the letter of deficiency below. Please direct all questions

concernlng varlances, special exceptlons, appeals of an adminletrative offlclal declsion, Master Plan

Developments Districts (MPD), Planned Unit Developmen6 (PUD), Gorridor (CO) zoned districts, zon¡ng changes,platting, lot splits, lot combinations, altêrnative compliance landscape and screening plans and all questionsregarding (BOA) or (TMAPC) application forms and fees to an INGOG representative at @!39. lt ls yourresponslbllity to submlt to our offices documentation of any appeal decislons by an authorlzed decision makingbody affectlng the statue of your appllcatlon so we may continue to process your application. INCOG does notact as your legal or reeponsible agent in submitting documents to the City of Tulea on your behalf. Staff revlewcomments may sometlmes ldentify compllance methods as provlded in the Tulsa Zoning Code. The permitapplicant is responslble for exploring all or any options available to address the noncompliance and submit theeelected compliance optlon for revlew. Staff revlew makes neither representatlon nor recommendatlon as to anyoptlmal method of code solution for the project.

Sec.15.02O Table 15-2: Your proposed event center is designated a Commercia/Assembly & Entertainment/lndoor(small < 250 person capacity) Use and is located in a CS zoning district within 150'of an R zoned district. This is use is

allowed at this location providing no intoxicating beverages or low-point beer are sold or served. Special exception

approval is required if intoxicating beverages or low-point beer are sold or served, ând the subject lot is located within150 feet of any residential zoning d¡strict.Review comment: The owner is required to submit a statement in writing that no intoxicating beverages or low-pointbeer will be sold or served at this location or a copy of the special exception, reviewed and approved per 5ec.70.720,

allowing intoxicating beverages or low-point beer to be served or sold.

Note: All references are to the City of Tulsa Zoning Code. tink to Zoníng Code:http://tulsaolanni nq.orq/plans/TulsaZoninqgode.pdf

Please notlfv the reviewer vla email when vour revlslons have been eubmittod

This letter of deficiencies covers Zoning plan revlew ltems only. You may recelve additlonal letterc from otherdiscipllnes such as Building or Water/SewerlDrainage for items not addressed in this letter.

A hard copy of thls letter is available upon request by the appllcant.

END - ZONING CODE REVIEW

NOTE: THIS CONSTITUTES A PLAN REVIEW TO DATE lN RESPONSE TO THE SUBMITTED INFORMATION ASSOCIATED WITHTHE ABOVE REFERENCED APPLICATION. ADDITIONAL ISSUES MAY DEVELOP WHEN THE REVIEW CONTINUES UPONRECEIPT OF ADDITIONAL INFORMATION REQUESTED IN THIS LETTER OR UPON ADDITIONAL SUBMITTAL FROM THEAPPLICANT,

KËEP OUR OFFICE ADVISED OF ANY ACTION BY THE CITY OF TULSA BOARD OF ADJUSTMENT OR TULSA METROPOLITANAREA PLANNING COMMISSION AFFECTING THE STATUS OF YOUR APPLICATION FOR A ZONING CLEARANCE PERMIT.

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Sparger, Janet

From:Sent:To:

Cc:

Subject:

Chapman, AustinMonday, March 23,2020 4:07 PM

[email protected];Austin P. Bond; Burlinda Radney; Briana Ross;Jessica

SheltonBlank, Audrey; Wilkerson, Dwayne; Swiney, Mark; Sparger, Janet

FW: Postponement of Hearing for Case BOA-22877

All,

I had missed this email, but it is regarding BOA-22877

Best,

Austin ChapmanPlanner, City of Tulsa Board of AdjustmentTulsa Planning Office2 W.2nd St.,8th Floor I Tulsa, OK74103

18.579.947L

rmining compliance to zoning or building code requirements is not a function of this office.

TUTSA e Building Permits Division will address compliance upon application for a building permit or occupancy I

TLANNIHG OFFIGE ) se6-94s6)

From: D. Chavez <[email protected]>

Sent: Thursday, March 19,2020 8:2L PM

To: Chapman, Austin <[email protected]>; [email protected]; [email protected]: Postponement of Hearing for Case BOA-22877

Datet 3/19/20

To: Austin Chapman

C: Mayor G.T. Bynum

C: District 2 Councilor, Jeannie Cue

From: Devie Chavez

t am requesting a postponement of the hearing for Case Number BOA-22877, scheduled for Tuesday,

3/24/20201:00 PM for the following reasons:

. l, personally, did not receive any notification untilthe afternoon of Wednesday, March 18.

. We are a condominium complex of 300 units which backs up to the property for which the Special Except¡on ¡s

requested.. Many of the long-time owners, about one-third, are over 65 as am l, and in light of the virus crisis, impedes the

ability to engage in the hearing or prepare a pet¡t¡on to be signed by residents

There are serious concerns including, but not limited to:1

a

q .t5

o The lack of parking spaces necessary to accommodate 250 people

o Hours of operationo Noise level

As a long-time resident and owner, I was part of this Community when the club o block ond a hoff south of us

opened. All of the units on the south side of the complex were subjected to rattling windows and music that

could be heard over the TVs in their homes until two o'clock in the mornings. lt took months, many calls tothe police, and the loss of restaurants in the same commercial center because the waitpersons couldn't hear

over the music and noise to take orders, before anything was done to stop the disruption of our community. I

don't think anyone here wants a repeat from a much closer venue'

2 4. rt

Sparqer, Janet

From:Sent:To:Subject:

Georgia White < [email protected] >

Wednesday, June 3, 2020 9:59 AMesubmitCase Number: BOA-22877 - Comment

lmportance: High

Case Number: BOA-22877

Homeowner:Georgia White6610 S. Zunis # 4LO

Tulsa, OK74L36

I am ADAMENTLY OPPOSED to the following:"special Exception to allow a small (< 250 person capac¡ty) lndoor Commercial Assembly &Entertainment Use to serve or sell alcoholic beverages within 150 feet of a ResidentialZoning District (Section 15.020, Table 15-2 & Section 15.020-G, Table Note2)."

Due to the many multi-family communities around the proposed site affected, this should be

the ereatest deterrent bv the to allowins this zonins adiustment. We have high crimeproblems in this area and are working with law enforcement to address drug dealing,prostitution, domestic violence and drunkenness which occurs around the children and theelderly. An "entertainment club" serv¡ng alcoholic beverages would not only increase theseproblems, but the noise would be prohibitive for the school children, elderly, and those of us

who need a good night's rest in order to function well at our iobs.

lrt1 a\

Gomments and Questions:None.

Board Action:On MOTION of SHELTON, the Board voted 4-0-0 (Radney, Ross, Shelton, Van DeWiele "aye"; no "nays"; no "abstentions"; Bond absent) to CONTINUE the request for aSpecial Exception to allow a manufactured housing unit in an RS-3 District (Section5.020, Table 5-2); Special Exception to extend the time limit permanently (Section40.210) to the April 28, 2020 Board of Adjustment meeting; for the following property:

S 112 LT 4 BLK 30, RED FORK, City of Tulsa, Tulsa Gounty, State of Oklahoma

22877-Stephen Pedmia ilLt c0PTAction Requested:Special Exception to allow a small (< 25O-person capacity) lndoor CommercialAssembly & Entertainment use to serve or sell alcoholic beverages within 150 feetof a residential district (Section 15.020, Table 15-2 & Section 15.020-G, Table Note2). LOGATION: 6622 South Lewis Avenue East (CD 2)

Presentation:The district City Councilor has requested a continuance to April 28, 2020, and theapplicant has agreed to the continuance.

lnterested PartiesThere were no interested parties present.

Gomments and Questions:

Board Action:On MOTION of SHELTON, the Board voted 4-0-0 (Radney, Ross, Shelton, Van DeWiele "aye"; no "nays"; no "abstentions"; Bond absent) to CONTINUE the request for aSpecial Exception to allow a small (<250-person capacity) lndoor CommercialAssembly& Entertainment use to serve or sell alcoholic beverages within 150 feet of a residentialdistrict (Section 15.020, Table 15-2 & Section 15.020-G, Table Note 2) to the April 28,2O2O Board of Adjustment meeting; for the following property:

PRT NE SE BEG 25OS & 5OW SECR SE TH 5292 WIgO S98 W1O N39O E2OO TOPOB LESS BEG 2385.91N & sOW SECR SE TH WlO SEI4.I4 NlO TO POB SEC 6 18

14 .00lAC, C¡ty of Tulsa, Tulsa County, State of Oklahoma

0312412020-1247 (3)

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BOARD OF ADJUSTMENTCASE REPORT

STR: 9431

CZM:49CD:7

Case Number: BOA-22879

HEARING DATE: 0610912020 1:00 PM (Continued from 4/28/2020)

APPLICANT: JR Donelson

ACTION REQUESTED: Variance of the Parking Area Design Standards to permit an existing gravelparking lot (Sec. 55.090)

LOCATION: 5866 S 107 AV E ZONED: ¡L

PRESENT USE: Trailer Sales TRACT SIZE: 59198.28 SQ FT

LEGAL DESCRIPTION: N320 LT 13 & E26.39 N320 LT 14 LESS BEG 320.93 N SECR LT 14THNW81.O4 576.58 E26.39 POB BLK 2, GOLDEN VALLEY

RELEVANT PREVIOUS AGTIONS :

Subiect Propertv: None

Surround inq Properties:

80A-22886; This requesting is a pending Variance request for the same relief sought by the subjectthe applicant to be heard on 4t14t20. Staff anticipates more requests of this nature along 107th E Avebetween E 56th St S and E 61st St S. City of Tulsa Code enforcement has issued several notices ofviolation along 107th that are in violation of Sec. 55.090.

BOA -18280; The Board approved a variance of the all-weather surfacing requirements for a period

of 2 years ending 01Í22001. Property locate approximately 1,200' S of the SE/c of E 56th St S and S107th E Ave.

BOA-14124;On 7.10.86 the Board approved a variance of the screening requirements and the off-street parking design standards. Property located 5845 S 107th E. Ave.

RELATIONSHIP TO THE COMPREHENSIVE PLAN: The Tulsa Comprehensive Plan identifies thesubject property as part of an area of "Employment " and an "Area of Growth".

Employment areas contain office, warehousing, light manufacturing and high tech uses such as

clean manufacturing or information technology. Sometimes big-box retail or warehouse retail clubsare found in these areas. These areas are distinguished from mixed-use centers in that they have fewresidences and typícally have more extensive commercial activity. Employment areas require accessto major arterials or interstates. Those areas, with manufacturing and warehousing uses must beable to accommodate extensive truck traffic, and rail in some instances. Due to the specialtransportation requirements of these districts, attention to design, screening and open space buffering

5. a.REVTSED 5/28/2O2O

is necessary when employment districts are near other districts that include moderate residentialuse

The purpose of Areas of Growth is to direct the allocation of resources and channel growth to whereit will be beneficial and can best improve access to jobs, housing, and services with fewer and shorterauto trips. Areas of Growth are parts of the city where general agreement exists that development orredevelopment is beneficial. As steps are taken to plan for, and, in some cases, develop or redevelopthese areas, ensuring that existing residents will not be displaced is a high priority. A major goal is toincrease economic activity in the area to benefit existing residents and businesses, and wherenecessary, provide the stimulus to redevelop.

ANALYSIS OF SURROUNDING AREA: The subject tract is located S of the SWc of E 56th St S andS 107th E Ave

STAFF COMMENTS: The applicant is requesting a Variance of the Parking Area Design Standardsto permit an existing gravel parking lot (Sec. 55.090). This request would permit the existing gravelparking areas and drive lane that do not conform to the surfacing requirements, striping requirementsof geometric standards for parking areas. A copy of Sec. 550.090 is incfuded in your packets.

5.3REVTSED 3/1,2/2O2O

STATEMENT OF HARDSHIP:

City of Tulsa

Board of Adjustrnent

Re:JCPP Properties One, LLC at 5S66 $o. LtTth E, Ave.

Request for Variance:

We have operated t"litch lt Trailers at the above location ¡ince November 2014. The property

had a gravel surface for parkíng autonnobiles and storage of cars in disrepair. We have cleaned

and made greåt ¡rnprsvementf to our property, ûuring which time we have left the

parkinÊ/Etorage surface to remaín gravel. We have installed cor¡crete in the business drive

lanes from 1t7tl' E. A,ve. The gravel area is used frorn the placement of aur trailgrs.

The Golden Valley subdivision, located east nf Highway 169 is ¡oned industrialw¡th

approrimately 20 businesses. Many of these businesses lyere operat¡nË príor to the Clty of

Tulsa pauing 107tt E. Ave. in 2015. To require sur business and thc other existlng buslnesses ln

6olden Vaflcy to cornply with ?llweathei-' parkingldriving surfaces is unrealistlc. The City of

Tulsa Zoning Code should her¡r takBn into consideration existing businesses such as ours when

adopting a ?ll off-street parkinß areas must be çurfaced with a dustless. all-weathcr surface'

policy.

Leaving our perklng lot gravel will rrot adversely affect surrounding propert¡És. The lntended

FurpÕse of reducing dust can be achieved with our 'tust Abatement Program' for our buslness.

It is *mpracticel for my exlstlng business and my neighbors ts close and instalt an 'All Weather

Surface'. The property to the west of this site ís Highway lË9, being 18 feet higher in elevation,

the land to the e¿st of our addition is a detention pond and neithsr ls affeËtEd by any possible

dust from our business. Grantlng the 'Variance' will not change the character of the åddition,

Granting the 'Variance' will in no way rause detriment te the public. Granting the ly'ariance'

will in nÕ way ímpair the purpose of the roning code or the eornprehensiue plan.

We respectfully request the f,ity of Tulsa revisit the ¡oning code and consider ehanging the 'All

Weather paving requirement'for existing'lL' ¡oned properties in operation before the present

zoning code was adopted.

e.qREVTSED 3/!2/2020

SAMPLE MOTION:

Move to (approve/deny) a Variance of the Parking Area Design Standards to permit anexisting gravel parking lot (Sec. 55.090)

o Finding the hardship(s) to be

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

a 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 topographical conditions of the subject propertywould result in unnecessa4l hardships or practical difficulties for the property owner, asdistinguished 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 theprovi sion's í nte n ded p u rpose ;

c. That the conditíons leading to the need of the requested variance are uníque to the subjectproperty and not applicable, generally, to other property within the same zoning classifícation;

d. That the alleged practical difficulty or unnecessaryl 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 will 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 will not cause substantial detriment to the public good orimpair the purposes, sprd and intent of this zoning code or the comprehensive plan."

5,5REVTSEO 3/r2/2O2O

Chapter 55 | ParkingSection 55.090 | Pa rking Area Design

Figure 55-4: Off-Site Porking Location

off-site parking

max. 1,000'betweenentrance ofuse and

farlhest parking space

3. DesignOff-site parking areas must comply with all applicable parking area designregulations of -Seçtian-55.09-0-. Off-site parking proposed to take place on anewly constructed parking area must comply with the PK district lot andbu i I d i ng regu latio ns of 5.2-5,Q3Q:_Ç.

4. Control of Off-Site Parking AreaThe property to be occupied by the off-site parking facilities must be under thesame ownership as the lot containing the use to be served by the parking. The

off-site parking area may be under separate ownership only if an agreement is

provided guaranteeing the Iong-term availability of the parking, commensuratewith the use served by the parking. The agreement must be filed of record ínthe county clerk's office of the county in which the property is located. Off-siteparking privileges will continue in effect only as long as the agreement, bindingon all parties, remains in force. lf an off-site parking agreement lapses or is no

longer valid, then parking must be provided as otherwise required by thischapter.

Section 55.090 Parking Area DesignÉ

55.090-A Ap pl ica bil ityThe parking area design regulations of th¡s sectíon apply to all off-street parkinglots for motor vehicles, whether containing required parking spaces or non-required parking spaces.

55.090-B lngress and Egress

All parking areas must be designed to allow vehicles to enter and exit a street andcross public sidewalks in a forward motion, except that this requirement does notapply to lots with access on a minor street.

55.090-C Stall Size

Parking spaces must be at least 8,5 feet in width and 18 feet in length, exclusive ofaccess drives and aisles. ln parking areas where permanent wheel stops have been

TULSA ZONING CODE I December 09, 2019page 55-1 8

r

-lT

5,lo

Chapter 55 | ParkingSect¡on 55.090 | Parking Area Design

installed, 2.5 feet of the park¡ng space length (depth) beyond the wheel stop maybe counted as part of the required stall length if that area is unobstructed and notpart of another parking stall, drive aisle or sidewalk.

55.090-D Parking Area Layout (Geometr¡cs)Parking areas must be designed and marked in accordance with the dimensionalstandards of faþle_55:5, which shows minimum dimensions for various parkinglayouts (angles). Requirements for layouts or angles not shown in Taþle_55=5 maybe interpolated from the layouts shown, as approved by the developmentadministrator.

Toble 55-5: Parking Area Geometrics

12.0/20.012.0/20.012.0/20.011.0/19.016.0/21.015.0/20.021.0t22.020.0/21.0

-/24.O

-t22.010.0 18.0 -t20.0

= StallAngle, = Stall Width, = Stall Length, = Aisle Width (1 -way/2-way)

Figure 55-5: Parking Areo Geometrics

l2'aisle

00

45"

60"

75"

900

8.s'.

o20'

o8.s',

on'

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alsle

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21'alsle t8' 2,1'¿lsle

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8.5 22.09.08.5

22.018.018.09.0

8.5 18,09.0 18.0

8.5 18.09.0 18.08.5 18.09.0 18.0

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5,1TULSA ZONING CODE I December 09, 2019

page 55-1 9

Chapter 55 | ParkingSection 55.090 | Parking Area Design

55.090-E Tandem ParkingTandem parking spaces may be used to satisfy parking requirements forhousehold living uses when the spaces are assigned to the same dwelling unit. lnall other cases parking spaces must be designed to allow each parking space to be

accessed without passing through another parking space. Tandem parkingarrangements must have a minimum stall of 8.5 feet and a minimum length of 36

feet.

Figure 55-6: Tandem Porking

tandemparki ng

55.090-F Surfacing

1. All off-street parking areas must be surfaced with a dustless, all-weather surface unlessotherwise expressly stated in this zoning code. Pervious pavement or pervious pavement systemsare allowed subject to the supplemental regulations of Section 55.090-F.4. Parking area surfacingmust be completed prior to initiation of the use to be served by the parking.

2. All motorized vehicles designed for travel upon public streets and that are being parked,

stored or displayed for sale must be parked, stored or displayed on dustless, all-weather surface.This surfacing requirement does not apply to junk or salvage yards. The board of adjustment isauthorized to grant a special exception permitting the storage or display of motorized vehicles on asurface other than one consisting of a dustless, all-weather surface if the location complies with all

applicable minimum building setbacks.

3. ln RE and RS zoning districts, driveways serving residential dwelling units may not exceed

50% of the lot frontage or the following maximum widths, whichever is less, unless a greater width is

approved in accordance with the special exception procedures of .5.ecJlqn-21,1.-8., or, if in a PUD, in

accordance with the amendment procedures of .S-eetion-3Q.0.J-Q:1.2" (Refer to the City of Tulsa

Sta nda rd Specifications a nd Deta ¡ ls for Residentia I Driveways #7 O1 -7 04).

Maximum Driveway Width

Lot Frontage Less than 30'[2]Driveway With¡n Right-of-Way (feet) [1] 22' 20' 12'

Driveway Within Street Setback (feet) 30' 30'

[1] Maximum width applies to the composite of all driveways if multiple curb cuts are provided.

[2] Provided that for lot frontages less than 24f eet, a driveway up to 12 feet in width is permitted.

7s',+ 60'-74 46',-59' 30' - 45',

27'. 26',

TULSA ZONING CODE I December 09, 2019page 55-20 5,8

Chapter 55 | ParkingSection 55.090 | Pa rking Area Design

For approvals granted under the terms of the zoning code in effect prior toJanuary 1,2016, including (1) variances of maximum driveway coveragemeasured by width, square footage or percentage of yard and (2)

establishment of PUD development standards that increase the maximumpermitted driveway coverage measured by any such means, the foregoingmaximums do not apply.

4. Pervious pavement or pervious pavement systems, including pervious asphalt, perviousconcrete, modular pavers desígned to funnel water between blocks, lattice or honeycomb shapedconcrete grids with turf grass or gravel filled voids to funnel water, plastic geocells with turf grass orgravel, reinforced turf grass or gravel with overlaid or embedded meshes, resin-bound perviouspavement systems, or similar structured and durable systems are allowed as parking lot surfacingmaterials. Gravel, turf, or other materials that are not part of a structured system designed tomanage stormwater are not considered pervious pavement or a pervious pavement system.Pervious pavement and pervious pavement systems must comply with the following:

a. Materials must be installed and maintained in accordance with all

applicable city standards. Damaged areas must be promptly repaired.Gravel that has migrated from a pervious pavement system onto adjacentareas must be regularly swept and removed.

b. Accessible parking spaces and accessible routes from the accessible spaceto the principal structure or use served must comply with the buildingcode.

c. Pervious pavement or pervious pavement systems are prohibited in areasused for the dispensing of gasoline or other liquid engine fuels or whereother hazardous materials are used or stored.

d. Pervious asphalt, pervious concrete, or modular pavers may be used fordrive aisles and driveways, but no other pervious pavement systems maybe used in such areas unless expressly approved by the developmentadministrator.

e. Pervious pavement or pervious pavement systems that utilize turf grassmay not be used to meet minimum off-street parking requirements, butmay be used for overflow parking spaces that are not used for requiredparking and that are not occupied on a daily or regular basis.

f. Pervious pavement or pervious pavement systems that utilize gravel withoverlaid or embedded mesh or geocells may be used only in industrialzoning districts,

g. Parking areas wíth pervious pavement or pervious pavement systems musthave the parking spaces marked as required by this chapter, except thatpervious pavement systems that utilize gravel or turf may use alternativemarking to indicate the location of the parking space, including markings atthe end of spaces on the drive aisle or curbing, wheel stops, or concrete orpaver strips in lieu of painted lines.

55.090-G Vertical ClearanceAll parking spaces must have overhead vertical clearance of at least 7 feet.

TULSA ZONING CODE I December 09, 2019page 55-21 5.1

Chapter55 | ParkingSection 55.100 | Stacking Spaces for Drive-through Facilities

55.090-H Landscaping and Screen¡ngSee -C-h-ap"-te.r.65.

55.090-l LightingSee .Çh_ap__te_r-62.

Section 55.100 Stacking Spaces for Drive-through Facilities

55.1 00-A Spaces Requiredln addition to the parking required for each use, establishments with drive-throughfacilities must provide stacking spaces for each drive-through station as indicatedin Jaþ.le-55:6:

Toble 55-6: Drive-through Stacking Spoce Requirements

Use Minimum S

Automated teller machine 2 (measured from ATM)

Bank 3 easured from teller or service area)

Car wash, automated or customer-o rated 2(m easured from vehicle entrance)Carwash, attendant hand wash 3

2

3

easured from vehicle

easured fromeasured from order board)

.orug store windRestaurant drive-throKiosks 2 measured from service winOther As determined by the development administrator

55.100-B DimensionsEach lane of stacking spaces must be at least 8 feet in width and at least 18 feet in

length. Stacking lanes must be delineated with pavement markings.

55.100-C Location and Design

1. Stacking lanes must be located on the subject property. They may not be located withinrequired driveways or drive aisles, parking spaces or loading areas and may not interfere withaccess to parking and ingress and egress from the street.

2. All areas associated with drive-through facilities, including drive-through signs, stackinglanes, trash receptacles, loudspeakers and service windows must be located to the rear or on thenon-street-fae ing side of the property. Drive-through lanes must be set back at least 10 feet fromabutting R- or AG-R- zoned lots, and a screening wall or fence must be provided along the commonlot line in accordance with the F1 screening fence or wall standards of 5-6.5,.Q70r-Ç.

55.1 00-D Pedestrian AccessThe principal pedestrian access to the entrance of the use from a public sidewalkmay not cross the drive-through facility stacking lane.

Section 55.1 10 Accessible Parking for People with D¡sab¡l¡tiesAccessible parking facilities must be provided in accordance with the building code.

Section 55.120 LoadingUnenclosed off-street loading areas may not be located within 50 feet of any abutting R- or AG-R-

zoned properties unlessthe loadingareas is screened on allsides abuttingthe R-orAG-R-zonedproperty in accordance with the F1 screening fence or wall standards of 5.6.5,070--C...

TULSA ZONING CODE I December 09,2019Page 55-22

rl

5.\o

Case No. 18278 (continued)

Board Action:on MoTloN of cooPER, the Board voted 4-1-A (Cooper, Jy.l!bo' Perkins white,'aye,,; Dunham ,'r.ìays", no "abstentions"; no "absent") to DENY Approva!

-".f 111landscape and drainage plan. PERSUANT TO APPROVAL OF THE FOLLOWING

REQUESTED ACTIONS: a special Exception to permit use unit 13, Convenience

Goods and Services and Use Unit 14, Shopping Goods and Services in an lL district

SECTION gO1. PRINCIPAL USES PERMITTEO IT¡ THT INDUSTRIAL DISTRICTS -Use Units 13 and 14; 'a Variance of the required building setback line'from the

centertine oi-f."Of i'bt.-irot 100' to 93'. SECTION 903' BULK AND AREA

REQUIREMENTS lN THE INDUSTR¡AL DlsTRlcTS; a Variance of the required

building setback line from the north property line from 75'to 15" SECTION 903'

BULK AND AREA REeUtREtitENTS iN rHe INDUSTRIAL DISTRITS; a Variance to

delete the reluired 5' wide landscaped area along E. 61't llÍt a distance of

approximately 65' per the site and landscapé plan. SECTION ß02'A'2'LANDSCAPE REQUIREMENTS; a Variance of the required setback of off-street

parking areas from the centerline of s. 100th E. Ave. to permit 5 standard off-street

parking spaces and 2handicapped spaces to be 30'from the centerline of S' 100th E'

Ave. per the site plan. SEcTloN ì¡oz.e. OFF-STREET PARKING AND OFF-

STREET lOnOlrua; sETBACKS; a Variance of the required 5' setback of off-street

parking areas abutting a residential district to permit 5 parking spac-es 3' from the north

property line per the site and landscape plan. sEcTloN 1002'A'3' LANDSCAPE

REQUIREMENTS and a Variance of ti're iequired minimum r¡¿idth of driveway isles

from24, to 2i'rl"r.¡g È. or't St. and from s. 100th E. Ave. perthe_site and landscape

ptan. SECT¡9N i¡o¡. DESI6N STANDARDS FOR OFF'STREET PARKING

AREAS, on the followlng descr"ibred property:

Lot 8, Block 2, Guy Cook Addition, city lf Tulsa' Tulsa county, state of

Oklahorna.

ËTtËfü ffin'dF*jça ff

****t*****

Case No. 1828Q

Action Requested:Variance "f

th" required 75' setback from an R zoned district on the N, S and E'

SEGTIoNg03.BULKANDAREAREQUIREMENTSINTHEINDUSTRIALD¡STRICTS - Use Unit 25; a waiver of the screening i-equirements, SECT¡ON

1215.Ç. USE UNIT 15. OTHER TRADES AND SERVICES, USE CONditiONS ANd A

Variance of the all-weather surface for parking. sEcTloN 1303.D. DESIGN

STANDARDS FOR OFF.STREET PARKING ARÉAS, IOCAIEd N Of NE/C E' 61't St

& S, 107ti'E. Ave.

i:12:99;?64 t22)

9.\\

F!LT ü$PYCase No. 18280 (continued)

Presentation:The applicant, Alan Roark, of Roark Landscape Corporatíon,3704-E,28th St.,

submitted a site plan (M-1), stated that his company is in preparation of putting up a

40'xB0' building'strucìure'to house both office and.storage facílities. Mr' Roark

pointed out thaí tney have 1Sg'of frontage along 107th Street and they want to turn

ine britding around io that it is 80' long and there is not enough left over to meet the

setback,' Io the north of the property is zoned commercial and behínd that isresidentiat but there are not any houses on the residentially zoned part' ln the back

is a detention facility and the Áouth is zoned residentially. Mr. Roark would like a

variance for the all-weather parking for a certain amount of time. lt is their intention

to pave the surface but because oi a financial hardship they can not afford to do so

at this time.

Comments and Questions: ..Ms Turnno ast<e¿ the applicant when he would be able to put in the all-weather

surface pavement. Mr. Roark replied five years. Mr. White pointed out that they

usually granted them fcr six months to one year.

Mr. Stump mentioned that to the east of this property is a stormwater detention

facility, where there won't be any residences and this area is in transition to

lndustrial. Mr. Dunham mentioned tf'at there are quite a few gravel drives in the

immediate area.

Mr. Dunham suggesied allowing the applicant 18 months to put in the gravel parking

Ms. Turnbo sugfiästed allowing the applicant two years, taking into consideration the

time to get a building Permit.

Mr. Cooper does not see a hardship for the all-weather surface. lt is a new building

and it should be required. Mr. Cooper pointed out that the Board has sometimes

allowed a nonprofit ine opportunity to raise the money for the hard surface parking

but ihis is a new business in a new building and the money should be factored into

the cost of new building construction.

lnterested Parties:None.

Board Action:On MOTION of COOPER, the Board voted 5-0-0 (Cooper, Dunham, Turnbo'

Perkins, white "aye"; no "nays", no "abstentions"; "absent") to APPROVE Variance

of the required 75; setback from an R zoned district on the N, S and E, finding that it

meets the requirements of Section 1607.C.,. SEGTION 903' BULK ANÐ AREA

REQUIREMENTS IN THE INDUSTRIAL DISTRICTS _ USE UNit 25', A WA|VCT Of thc

screening requirements. sEcTloN 1215.C. USE UNIT 15. OTHERTRADES AND

SERVICES, Use Conditions;

1 1-r ÇÇ 76"1 (.Ì-l)

5. la

Case No. 18280 (continued)

AND

on MoTloN of GooPER, the Board votecj 2-3-0 (Cooper, W![?..?y",,; Dunham,

perkins, Turnbo "rìays", no "abstentionsJ; ncl "abseÀt") tô anrJ DENY a Variance of

the all-weather surface for parking. SEC1ION 13ü3'D' CIES¡GN STANDARDS FOR

OFF-STREET PARKING AREAS;

AND

on MoTloN of TURNBO, the Board votecj 3-2-0 (Dunham, Perkins, Turnbo "aye";

cooper, white ,,r.ìays,,, no "abstentio-ns"; "absent") ìo and APPROVE a VarianCe Of

the all-weather surface for parking, finãing that it mee!*h" requirements of Section

1602.C., SEcTtoN igo3.Ci. OeSler.¡ SilruOnnos FOR OFF-STREET PARKING

AREAS for a perioi oii*" years, on the following described property:

Lot 10, Block 1, Golden Valley, a subdivision of the W/2 of the SEi4 of

Section3l,T-19-N,R-14-E,lBM,TulsaCounty.Stateofoklahoma,lessand except: Aåé¡nning aitt',e l'.lEicof said Lot i0; thence S 01"21'01" E a

distance ot rcA.=2+; ãfðng the E tine ot Lot 10 to the SE/c of said Lot 1 0;

ihence s gg"40,50,,w a distance of 317.22'arong the s.rine.of Lot 10:

thence N 01"21'08" w a distance of 160.23'to a point on the N line of Lot

10; thence N ã6ZO'SO" Ë a distance of 317.23' lo the Point of Beginning'

*******L**

Gase No. 18281

Acllon Requesteüspecial Exception for drive-in usel within {ls zonerj prroperty' sEcTloN 701'

PRINCIPALUSESPERMITTE'ÐlNcÜMMHR0lltl.ÞI.STR}ÛTS-UseUnitlS'located SW/c 59th St. & S' Lewis'

oïf;:lfflli.ant, sack and Associates" t¡'rc., 111 s. []qir¡ Avë', w3? represented bv

Ted A. sack who stated that this properiy will be userj for a 'sonic Drive-in'

taffCommentswhileaskingMrSack,aboutthe150,offrontage on a maior arterial street. Mr. Sack responded that this has been a

commercial site for a long time. T|rev oo rrave 203' of frontage on the collector street

iãöit S1rá"t) Uut in a drìvã-in resraurânt it does say that it needs 150' of frontage on

an arteriaì street and they only have 145'' They are going to readvertise for the

frontage variance but wouÍd like approval today for the special exception'

I :12:(-ì9:76"1 { 2l )

5.\3

Case No. 14123 (contlnued)A fract of land located ln the City of Tulsa' Tulsa CountyrSfafe of Oklahoma, sald tract belng ln the SE cornsr of theAnnfe May Granf trCtr Tract (rhich is a part of fhe Norfh Half ofthe NE Quarter of the SE Quarter of Section 25, Township 19North, Range 12 East), sald tract befng more partÍcularlydescrlbed as fol lows, færit¡Begfnnfng af a pofnf in the center of the Secfion line on theeasf side of sald Section 25 at the SE corner of the Annle MayGranf n0n Tract according to the recorded plat thereof andrunnfng thence north in the cenfer at said Section I ine alongthe east boundary of said Secflon 25 a dlstance of 160 ft.;thence due wesf and parallel wfth the south boundary line orsaid Sectlon 25 a distance of l70r; thence south and parallelwlfh the easf boundary I lne of said Section 25 a dlstance of160¡; fhence east along the soufh boundary llne of said AnnieMay Grant n0n Tract a distance of '170t to the polnt ofbeglnning, less and except, streef rlghf-of-way for SoúihPeoria Avenue prevlously deeded therefrom to the City of Tulsa,Tulsa County, 0klahoma.

Case lb. 11121

Actlon Requested¡@ptlon-Sectlon25o.3-|4odlficationoftheScreenlng

lfal I or Fence Requ lrement/Section 1215.3 Ofher Trades andServices, Use Conditions - Use Unit 1215 - Requesf a variance towafve screening requírement along fbe lot llne ln common wlth fhe R

District.

Variance - Secfion 1340(d) - Deslgn Standards for Off-Street ParkingAreas - Request a variance of the al l-weather material required foroff-sfreet parkingr locafed north of the NE/c of 6lst Street andSouth 107th Easf Avenue.

Presentat ion:The appl lcant, l{i I I îam Preaus, 2535 East 55th Place' Tulsa,0klahoma, who submftted a plot plan (Exhibif ft4-l) and photographs(Exhib¡t l4-2), sfafed that he and his brother have a landscape andtree service business. He lnformed fhat they have recentlyrelocafed to an area Hhere there are 3 other landscape companieswithin a 5 block area and asked the Board to allow the off-streetparking lot to be covered wlth maferfal other than all-weathermalerlal. He polnted ouf fhat none of the other landscapebuslnesses have harcl surface roads and parking. He lnformed thatthere ôre no residences fo fhe north or south of the property lnquestion and esked that the screening requlremenf be walved.

Oorupnts and_Quggl lons:i,lr. Gardner I nf ormed that th I s areaComprehensfve Plan to become fndusfrial and

I s designated by theIt It ras zoned lL the

7.10.86:469(22)

5. lq

Case No. 14124 (contlnued)screening requlrement would not be required.

lnterested Partles:Mr. Chappelle stated that the Board recelved a letter (Exh¡b¡t l4-5)from Grace Davls, a nelghbor of Mr. Preaus, who sfated that there lsa wafer problem in the area.

Mr. Preaus lnformed fhat Ms. Davls has sublef a portlon of her landto a nursery company thaf does excesslve watertng whlch creafes aproblem. He stated that he has dug a dltch on the south boundary ofhls property llne to prevent fhe water from floulng onfo hls lot.

Mr. Quarles asked fhe appllcant lf he ls a landscape contracfor andhe answered ln fhe afflrmative.

Board Actlon:0n MOT|0N of SMITH, the Board vofed 5-A-A (Bradley, Chappel le'Quarles, Smith, t{hlte, nayen; no nnaysrr; no rabstentionstr; nonenabsenfr) fo ÂFPROYE a Speclal Exceptlon (Sectlon 250.5Modif lcatlon of the Screening l{all or Fence Regulrement,/Sectlon1215.5 - Other Trades and Servlces, Use Conditions - Use Unlt l2l5)to waive screenlng requlremenf along the lot llne in comrrþn wlth theR Distrlct; and to ôftR0YE a Yarlance (Section 1340(d) DesignStandards for Off-Sfreet Parklng Areas) of the al l-weather materlalrequired for off-street parklng; per plot plan submifted; untll suchtime as resldential use develops on fhe surroundlng RS-5 properties;finding that the area has been planned for lL developmenf and thereare several landscaplng businesses operatlng ln the nelghborhood atthis time wlthout hard surface parklng lofs; on the fol lowingdescribed property:

Lot 12, Block 1, Golden Val ley Additlon, Cify of Tulsa, TulsaCountyr 0klahoma.

Case ib. 14132

^ctlon Requested:

Speclal Exceptlon Sectlon 440.2 - Speclal Exceptlon Uses ÍnResldential Districts, RequiremenTs - Request a speclal exceptlon toal low a home occupatlon for tape dupl lcatlng buslness ln an RS-3zoned distrlct, located on the NlVc of 26th Sfreet and Joplln.

Pregentatlon:The appl lcant, Trevor Baldrln, was represented by Leon l{hifman, 5905East 26th Sfreet, Tulsa, Oklahoma, vho submltted a plat of survey(Exhlb¡t I'l-l) and photographs (Exhiblt l.þ3). He polnted out thatVlr. Baldrin ls dolng some consfrucfion work for hlm and ls notoperating the busÌness. Mr. l{hitman informed that most of hls tape

7.10.86:469(23)

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Neighborhood lnvestigationsWORKING IN NEIGHBORHOODS

NOTICE OF VIOLATION . ZONING

To: JCPP PROPERTIES ONE LLC5866 S 1O7TH EASTAVETULSA OK74146

Dear Property Owner and/or Occupant,

You are hereby notified of zoning (fitle 42) violations at

Date:Case:

2/3/2:020

zoNV-027802-2020

Gompliance Date 2t18t2020

GOLDEN VALLEY N32O LT Tg & Ez6.sq

N320 LT 14 LESS BEG 320.93 N SECR LT 14 TH NW81.O4 576.58 826.39 POB BLK 2

City of Tulsa, TULSA County State of Oklahoma; And located at the address of:

5866 S 1O7TH EASTAVE

Explanation of violationCode SectionALL WEATHER SURFACE42.55.090-F

To comply, you must: ALL VEH]CLE AND TRAILER PARKING MUST BE CONFINED TO AN ALL.WEATHER PARKING SURFACE SUCH AS CONCRETE OR ASP,,HALT

See back of page for what the lesolution of each violation requires.

prior tci thê comñliãnëe deadltþe issue(s) at ygur_p¡9!,erty. T3 cg¡¡plVlihe listeil- on this notiõð ãbove. lfyoü ãiê

you must correct allviolationsunähr"le tõ correct any o iãl¡Tne

le plan to bring

your property into compliance. Ensufamiliarized with and adhere to theseviolations are found in the future.

You still have time to correct

violation(s) listed above, contact the Code Official listed below to work outre that all family members, em andlor contractors, etc. areregulations. Additional notices will not be sent if recurring

Failure to make the correction may result in the issuance of a criminal citation or civil remedial penalties

not to exceed 91,000.00 per day. Failure to comply may also result in revoking or withholding permits,

certificates or other forms of authorization issued by the City of Tulsa; and/or any other remedies

allowed by law

your property is an important investment for you and the community. I urge you to make the necessary

corrections to eliminate all violations so that no further enforcement will be necessary.

Please understand that it is ultimately the responsibility of the owner to ensure these violations are

co ntal agreements do not alleviate the owner of this responsibility.

Th

Any civilagreements or re

5,á\

22879-J. R. Donelson ilLt 00PïAction Requested:Variance of the parking area design standards to permit an existing gravel parking

lot (Section 55.090). LOCATION: 5866 South 107th East Avenue (CD 7)

Presentation:The applicant has requested a continuance to April 28, 2020

lnterested Parties:There were no interested parties present.

Comments and Questions:None.

Board Action:On MOTION of SHELTON, the Board voted 4-0-0 (Radney, Ross, Shelton, Van De

Wiele "aye"; no "nays"; no "abstentions"; Bond absent) to CONTINUE the request for aVariance of the parking area design standards to permit an existing gravel parking lot(Section 55.090) to the April 28, 2020 Board of Adjustment meeting; for the followingproperty:

N32O LT 13 & E26.39 N32O L'I 14 LESS BEG 320.93 N SECR LT 14 TH NW81.O4

S76.58 E26.39 POB BLK 2, GOLDEN VALLEY, City of Tulsa, Tulsa County, State ofOklahoma

**********

UNFINISHED BUS¡NESS

22864-Gharles Okvere

Action Requested:Special Exception to increase the maximum driveway width within the right-of-wayand on the lot in an RS-2 District (Section 55.090-F.3). LOGATION:2518 East26th Street South (CD 4)

Presentation:Gharles Okyere, 2518 East 26th Street, Tulsa, OK; (attended remotely) stated his

General Contractor is the person who represented him at the previous meeting and he

vaguely updated him on the previous meeting. Mr. Okyere stated that it is his

understanding that the three-car driveway is allowed because there are other three-cardriveways throughout the neighborhood. Mr. Okyere stated he is new to this process

and do not what the next step should be.

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19-14 22

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BOARD OF ADJUSTMENTCASE REPORT

STR: 9422 Case Number: BOA-22894

GZM: 50

CD: 6HEARING DATE:. 0610912020 1:00 PM (Continued from 4/28/2020)

APPLICANT: Jorge Fernandez

ACTION REQUESTED: Special Exception to increase the maximum driveway width-within-{heright-of-way€nC inside the street setback. (Section 55.090-F.3)

LOCATION: 3747 S 152 AV E

PRESENT USE: Residential

ZONED: RS-3

TRACT SIZE: 9286.03 SQ FT

LEGAL DESCRIPTION: LOT 1 BLOCK 10, CROSSING AT BATTLE CREEK PHASE ll BLOCKS 7-13

RELEVANT PREVIOUS ACTIONS: None

RELATIONSHIP TO THE COMPREHENS¡VE PLAN: The Tulsa Comprehensive Plan identifies thesubject property as part of a "New Neighborhood" and an "Area of Growth"

The New Neighborhood designation is intended for new communitíes developed on vacant land.These neighborhoods are comprised primarily of single- family homes on a range of lot sizes but caninclude townhouses and low-rise apartments or condominiums. These areas should be designed tomeet high standards of internal and external connectivity and shall be paired with an existing or newNeighborhood or Town Center.

The purpose of Areas of Growth is to direct the allocation of resources and channel growth to whereit will be beneficial and can best improve access to jobs, housing, and services with fewer and shorterauto trips. Areas of Growth are parts of the city where general agreement exists that development orredevelopment is beneficial. As steps are taken to plan for, and, in some cases, develop or redevelopthese areas, ensuring that existing residents will not be displaced is a high priority. A major goal is toincrease economic activity in the area to benefit existing residents and businesses, and wherenecessary, provide the stimulus to redevelop.

ANALYSIS OF SURROUNDING AREA: The subject tract is located at the NE/c of E 38th St. S. andS. 152nd E. Ave.

STAFF COMMENTS: The applicant is requesting Special Exception to increase the maximumdriveway width- within the rioht o inside the street setback. (Section 55.090-F.3)

\o.ÂREVTSED 5/28/2O2O

75.+ 5¡r-74 46',- 5E 3{v - 45'zv :6'. 2t ¡0!

il ln RE and R5 zoning districts. driveways serving residenti¡l dwelling units may not exceed5OÇó of the lot frontage cr the following rn¿xirvrurn widths. whichever is less, unless a greater width isapproved in accordance w¡th the special exception procedures of 5gÃ$ngffi.139, or, if in a PUD, inaccord¡nce r¡¡ith the amendment procedures of $8.¡:.[!gg.3g4!.P.-i.9. {Refer to the Cþ of TulsaStandard Speciflcations and Details far Residential Erir.reways #701-7041.

Lot Frontäge l-ess tfian ll'[2]l¡lllthin ffeÊü [rl t¡'

Ðrivenayr Wthin Stre€t Setback (tuet) 3tr 3ü',

[1] ltlanirnurn width applies to the romposi.te af afli #ivnala¡¡s if multip{e ct¡rb c¡i¡ts are prwided[2] Prwidedr tli¡at fqr lor frontages less tf,r¿n ?4 fËeq a driveway up to 12 feet in width is permined.

The aggregate width including the expansion appears to bring the total width of the driveway on thelot to 36'. Originally the application was noticed to include the width of the driveway inside the right-of-way, but the applicant confirmed they are not planning on increasing the size of the curb-cut.

SAMPLE MOTION :

Move to (approve/deny) a Special Exception to increase the maximum driveway width;@insidethestreetsetback.(Section55.090-F.3)

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

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 ofthe Code and will not be injurious to the neighborhood or othenryise detrimental to the public welfare.

\o '3

a

REVTSED 4/2r/2O2O

Føcing North on 752'd E. Ave. (suhject property hds the dark pick-up in driveway)

1

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Southern dedd end of 752'd E. Ave.

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Subject property

G.5

Jeff S. TaylorZoning Official

Plans Examiner lllTEL(918) 596-7637

[email protected]

Jorge Fernandezjorgepinal [email protected]

ZONING CLEARANCE PLAN REVIEW

21112020APPL| CAT| ON NO: ZCO-52437 -2020

(PLEASE REFERENCE TH|S NUMBER WHEN CONTACTING OUR OFFTCE)Project Location: 3747 S l52nd Ave EDescription: Driveway Expansion

(continued)

DEVELOPMENT SERVICES175 EAST 2Nd STREET, SUITE 450

TULSA, OKLAHOMA 74103

1

INFORMATION ABOUT SUBMITTING REVISIONS

OUR REVIEW HAS IDENTIFIED THE FOLLOWING CODE OMISSIONS OR DEFICIENCIES IN THEPROJECTAPPLICATION FORMS, DRAWINGS, AND/OR SPECIFICATIONS. THE DOCUMENTS SHALLBE REVISED TO COMPLY WITH THE REFERENCED CODE SECTIONS.

REVISIONS NEED TO INCLUDE THE FOLLOWING:I. A COPY OF THIS DEFICIENCY LETTER2. A WRITTEN RESPONSE AS TO HOW EACH REVIEW COMMENT HAS BEEN RESOLVED3. THE COMPLETED REVTSED/ADD|T|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 LOCATEDAT 175 EAST 2nd STREET, SUTTE 450, TULSA, OKLAHOMA 74103, PHONE (918) 596-9601.THE CITY OF TULSA WILL ASSESS A RESUBMITTAL FEE. DO NOT SUBMIT REVISIONS TO THEPLANS EXAMINERS.

SUBMITTALS FAXED / EMAILED TO PLANS Ð(/.MINERS W'LL NOT BE ACCEPTED.

IMPORTANT INFORMATION

1. SUBMIT TWO (2) SETS [4 SETS tF HEALTH DEPARTMENT REVTEW tS REQUTRED] OF REVTSEDOR ADDITIONAL PLANS. REVISIONS SHALL BE IDENTIFIED WITH CLOUDS AND REVISIONMARKS.

2. INFORMATION ABOUT ZONING CODE, INDTAN NATTON COUNCTL OF GOVERNMENT (|NCOG),BOARD OF ADJUSTMENT (BOA), AND TULSA METROPOLTTAN AREA pLANNtNc COMMTSSTON(TMAPC) lS AVAILABLE ONLTNE AT \ MW.|NCOG.ORG OR AT TNCOG OFFTCES AT2W.2nd ST.,8th FLOOR, TULSA, OK,74103, PHONE (g1g) 594-7526.

3. A COPY OF A'RECORD SEARCH" f llS f x llS NOT INCLUDED WITH 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 BOARDOF ADJUSTMENT, INCOG STAFF WILL PROVIDE THE APPROVAL DOCUMENTS TO YOU FORIMMEDIATE SUBMITTAL TO OUR OFFICE. (See revisions submittal procedure above.).

G,b

REVIEW COMMENTS

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

Application No. ZCO-52437 -2020

Note: As provided for in Section 70.130 you may request the Board of Adjustment to grant a variance from theterms of the Zoning Gode requirements identified in the letter of deficiency below. Please direct all questionsconcerning variancês, special exceptions, appeals of an administrative official decision, Master PlanDevelopments Districts (MPD), Planned Unit Developments (PUD), Gorridor (GO) zoned districts, zoning changes,platting, lot splits, lot combinations, alternative compliance landscape and screening plans and all questionsregarding (BOA) or (TMAPC) application forms and fees to an INCOG representative at 584-7526. lt is yourresponsibility to submit to our offices documentation of any appeal decisions by an authorized decision makingbody affecting the status of your application so we may continue to process your application. INGOG does not actas 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 Gode. Thepermit applicant is responsible for exploring all or any options available to address the noncompliance and submitthe selected compliance option for review. Staff review makes neither representation nor recommendation as toany optimal method of code solution for the project.

55.090-F3 Surfacing. ln RE and RS zoning districts, driveways serving residential dwelling unitsmay not exceed the followíng maximum widths unless a greater width is approved in accordancewith the special exception procedures of Section 70.120. Maximum Driveway Width allowed is 30'on your lot.

Review Comments: The submitted site plan proposes a driveway width of more than 30' in widthon the lot in the street setback which exceeds the maximum allowable driveway width on this lot.Revise plans to indicate the driveway shall not exceed the maximum allowable width or apply to theBOA for a special exception for the proposed driveway width on this lot.

This letter of deficiencies covers Zoning plan review items only. You may receive additional letters from otherdisciplines 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.

Please Notify Plans Examiner By Email When You Have Submitted A Revision. lf you originally submit paperplans, revisions must be submitted as paper plans. lf you submit online, revisions must be submitted online

2

END -ZONING CODE REV¡EW

NOTE: THIS CONSTITUTES A PLAN REVIEW TO DATE lN RESPONSE TO THE SUBMITTED INFORMATION ASSOCIATED WITHTHE ABOVE REFERENCED APPLICATION. ADDITIONAL ISSUES MAY DEVELOP WHEN THE REVIEW CONTINUES UPONRECEIPT OF ADDITIONAL INFORMATION REQUESTED IN THIS LETTER OR UPON ADDITIONAL SUBMITTAL FROM THEAPPLICANT.

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

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-----J 19-14 22 Aerial Photo Date: February 2018

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BOARD OF ADJUSTMENTCASE REPORT

STR:0331CZM:29CD: 3

Case Number: BOA-22895

HEARING DATE: 0610912020 1:00 PM (Conti n u ed fro m 4/28/2020)

APPLICANT: lsrael Sanchez

ACTION I.JESTED: Variance to reduce the required 25 foot street setback in an RM-1 District(Sec. 5.030, Table 5-3)

LOCATION: 119 N WHEELING AV E

PRESENT USE: Residential

ZONED: RM-1

TRACT SIZE: 7000.12 SQ FT

LEGAL DE PTION: LT 13 BLK 19, CHEROKEE HGTS ADDN

RELEVANT PREVIOUS AGTIONS:Subject Property:

BOA-22840; On 4l15l2} the Land Use Administrator approved an Administrative Adjustment toreduce the required 5' side yard setback to 4'.

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

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 purpose of Areas of Growth is to direct the allocation of resources and channel growth to whereit will be beneficial and can best improve access to jobs, housing, and services with fewer and shorterauto trips. Areas of Growth are parts of the city where general agreement exists that development orredevelopment is beneficial. As steps are taken to plan for, and, in some cases, develop or redevelopthese areas, ensuring that existing residents will not be displaced is a high priority. A major goal is toincrease economic activity in the area to benefit existing residents and businesses, and wherenecessary, provide the stimulus to redevelop.

ANALYSIS OF SU ROUNDING AREA: The subject tract is located South of the SE/c of N

Wheeling Ave. and East Haskell Street.

STAFF COMMENTS: The applicant is requesting Variance to reduce the required 25 foot Streetsetback in an RM-1 District (Sec. 5.030, Table 5-3)

.'1. ÀRWTSED 5/28/2O2O

Chapter 5 | Residentlàl D¡strictsSection 5.030 | Lot and Build ing Regulations

Reeulations I n¡ I ns-r Rs-2 I RS-3 Rs-4 l ns-s I RD l nr l nu-o l nn¡-r l RM-2 l RM-3 l RMHMin. Suildins Setbacks (ft.)

35 35 35 35 35 35 35 35 35 35 35 35

35 35 30 25 20 20 25 10 25 & 10 25l5 5 5 5 5 5 5 slsl 5t6l st6l s16l stTl25 25 25 20 20 20 20 2A 20 2A 10 20

StreetArterial or service rd. 350ther streets 25

5ide 10Rear {4} 15

STATEMENT OF HARDSHIP: Building out further to cover foundation

SAMPLE MOTION:

Move to (approve/deny) a Variance to reduce the required 25 foot street setback in anRM-1 District (Sec. 5.030, Table 5-3)

a Finding the hardship(s) to be

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

Subject to the following cond¡t¡ons

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 topographical conditions of the subject propertywould result in unnecessa/y hardships or practical difficulties for the property owner, asdistinguished 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 thep rovi sion's i ntended p u rpose ;

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

d. That the alleged practical difficulty or unnecessa4l 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 will not alter fhe essential character of the neighborhood ínwhich the subject property is located, nor substantially or permanently impair use ordevelopment of adjacent property; and

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

4,3

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REVTSED 4/16/2020

Subjed property

Subject property lacìng North

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Framing of New Cørport

New Porch taken lrom side profile løcíng South

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Jeff S. TaylorZoning Offìcial

Plans Examiner ll

TEL(918) 536-7637jstaylor@cityoft ulsa.org

lsraelSanchez

APPLICATION NO: BLDR-035699-201 IoFFtcE)Proiect Location: ll9 N Wheeling Ave EDescription: Porch Addition & Carport

DEVELOPMENT SERVICESI75 EAST 2Nd STREET, SUITE 450

TULSA, OKLAHOMA 74103

ZONING CLEARANCE PLAN REVIEW

812612019

(PLEASE REFERENCE THIS NUMBER WHEN CONTACTTNG OUR

1

INFORMÁÍIOÑT

OUR REVIEW HAS IDENTIFIEÐ THE FOLLOWING CODE OMISSIONS OR DEFICIENCIES IN THEPROJECT APPLICATION FORMS, DRAWINGS, AND/OR SPECIFICATIONS. THE DOCUMENTS SHALLBE REVISED TO COMPLY WITH THE REFERENCED CODE SECTIONS.

REV¡SIONS NEED TO INCLUDE THE FOLLOWNG:1. A COPYOF THIS DEFICIENCY LETTER2. A WRITTEN RESPONSE AS TO HOW EACH REVIEW COMMENT HAS BEEN RESOLVED3. THE COMPLETED REVTSED/ADD|TIONAL PLANS FORM (SEE ATTACHED)4. BOARD OF ADJUSTMENT APPROVAL DOCUMENTS, IF RELEVANT

REVISIONS SHALL BE SUBMITTED DIRECTLY TO THE CIry OF TULSA PERMIT CENTER LOCATEDAT 175 EAST 2Nd STREET, SUITE 450, TULSA, OKLAHOM A 74103, PHONE (918) 596.9601.THE CITY OF TULSA WILL ASSESS A RESUBMITTAL FEE. DO NOT SUBMIT REVISIONS TO THEPLANS EXAMINERS.

SUBMITTALS FÐGD / E'IIAILED TO PLANS EXAMINERS WLL NOT BE ACCEPTED,

ruponiÂñ :-1. SUBMIT TWO (2) SETS [4 SETS rF HEALTH DEPARTMENT REVTEW tS REQUTRED] OF REVTSED

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

2. INFORMATION ABOUT ZONTNG CODE, INDIAN NATTON COUNC¡L OF GOVERNMENT (INCOG),BOARD OF ADJUSTMENT (BOA), AND TULSA METROPOLITAN AREA PLANN|NG COMMTSSION(TMAPC) 1S AVAILABLE ONLINE AT WWW.INCOG.ORG OR AT INCOG OFFICES AT2W.znd ST.,8th FLOOR, TULSA, OK,74103, PHONE (91S) 584-7526.

3. A COPY OF A'RECORD SEARCH" LllS f x llS NOT INCLUDED WITH 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 THEBOARD OF ADJUSTMENT, INCOG STAFF WILL PROVIDE THE APPROVAL DOCUMENTS TO YOUFOR IMMEDIATE SUBMITTAL TO OUR OFFICE. (See revisions submittal procedure above.).

(continued)

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REVIEW COMMENTS

SECTIONS REFERENCED BELOW ARE FROM THE CITY OF TULSA ZONING CODE TITLE 42 AND CAN BE VIEWED ATIV'WW. CITYOFTULSA-tsOA. ORG

Application No. BLDR-035699-2019

Note: As provided for in Section 70.130 you may request the Board of Adjustment to grant a variance from theterms of the Zoning Code requirements identified in the letter of deficiency below. Please direct all questionsconcerning variances, special exceptions, appeals of an administrative official decision, Master PlanDevelopments Districts (MPD), Planned Unit Developments (PUD), Corridor (CO) zoned districts, zoning changes,platting, lot splits, lot combinations, alternative compliance landscape and screening plans and all questionsregarding (BOA) or (TMAPC) application forms and fees to an INGOG representative at 584-7526. lt is yourresponsibility to submit to our offices documentation of any appeal decisions by an authorized decision makingbody affecting the status of your application so wê may continue to process your application. INGOG does notact as your legal or responsible agent ¡n submitting documents to the City of Tulsa on your þehalf.Staff review commênts may sometimes identify compliance methods as provtded in the Tulsa Zoníng Code. The'permit applicant is responsible for exploring all or any options available to address the noncompliance andsubmit the selected compliance option for review. Staff rcview makes neither representation norrecommendation as to any optimal method of code solutioa for the project

1. 5.030-A :Setbackls) (Residential): ln the RM-1 zoned district the minimum street setback shallbe 25 feet from the front property line, or measured from the centerl¡ne of the abutting street addto the setback distance Yzthe right-of-way (ROW) designated on the major street plan.

Review Gonnnnents: Revise your plans to indicate a 25' front setback to the property line and a55' setback from the center of Wheeling street to the proposed covered porch, or apply toINCOG for a variance to allow less than a 25' front setback or 55' from center of street.

2. 70.100-B Authorized Administrative Adjustments

l. Administrative adjustments may be granted only as expressly identified in this section.

b. The land use administrator is authorized to grant an administrative adjustment reduc¡ngminimum required side and rear setbacks in any R district by up to 20%.

5"030-A: In the RM-1 zoned distriet the minimum side yard setbaek sha!! be 5 feet from theproperty line.

Review Comments: Revíse your plans to indicate a 5' side setback to the property line, orapply to INCOG for an administrative adjustment to reduce the side setback to allow less than a5' side setback.

Thls letter of deficiancies covers Zoning plan r.eview items only. You may rec¡ive additional letten¡ from otherd'leciplinee such, as Building or Water/SewerlDrainage for items not addressed in this letter- A hard copy of this

letter is available upon r€quost by the applicant.

Please Notify Plans Examiner By Email When You llave Submitted'A Revision. lf you originally submit paperplans, revisionc must be submitted as paper plans. lf you submit online, revisions must be submitted online.

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END -ZONING CODE REVIEW

NOTE: THIS CONSTITUTES A PLAN REVIEW TO DATE IN RESPONSE TO THE SUBMITTED INFORMATION ASSOCIATED WITHTHE ABOVE REFERENCED APPLICATION. ADDITIONAL ISSUES MAY DEVELOP WHEN THE REVIEW CONTINUES UPONRECEIPT OF ADDITIONAL INFORMATION REQUESTED IN THIS LETTER OR UPON ADDITIONAL SUBMITTAL FROM THEAPPLICANT.

KEEP OUR OFFICE ADVISED OF ANY ACTION BY THE CITY OF TULSA BOARD OF ADJUSTMENT OR TULSA METROPOLITANAREA PLANNING COMMISSION AFFECTING THE STATUS OF YOUR APPLICATION FOR A ZONING CLÊARANCE PERMIT.

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BOARD OF ADJUSTMENTCASE REPORT

STR: 9430 Case Number: BOA-22902

CZM= 49

CD:7HEARING DATEl. 0610912020 1:00 PM (Continued from 4/28/2020)

APPL¡CANT: Lamar Outdoor Advertising

ACTION ESTED: Verification of the spacing requirement for an outdoor advertising sign with aDynamic Display (Sec 60.100-K)

LOCATION: 10025 E 44 PL S ZONED: lL

PRESENT USE: lL TRACT S¡ZE: 101016.05 SQ FT

LEGAL DESCRIPTION: PRT TR lN SE NW ADJ LT 1 & PRT LT 1 BEG 200N SWC LT 1 TH N APRMZ37 :E18 ÑtOO W18 N142.33 SE217.90 SE90.74 5303.33 W275.03 POB BLK 1 SEC 30 19 14

.33AC, IDEAL BRICK INDUSTR¡AL TRACTS

RELEVANT PREVIOUS AGTIONS:Surrounding Properties :

80A-22862; On 02.25.20 the board accepted a verification of spacing for an Off-Premise OutdoorAdvertising sign with Dynamic Display (sec. 60.100-J). The subject sign in B,C.A-22862 has been

converted to dynamic display and is within 1,200 feet of the subject sign. The subject sign in BOA-

22862 has received their sign permit since the acceptance of their spacing. The signs are locatedTT3feet apart according to the survey provided by the applicant.

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8,eRÐilSEÐ 5/2a/202O

STAFF COMMENTS: The applicant is requesting Verification of the spacing requirement for anoutdoor advertising sign with a Dynamic Display (Sec 60.100-K)

@EExcept as provided in 5.6_-0_,1_-Qg:J, any outdoor advertising sign that includes adynamic display and that was approved by a permit issued on or afterJanuary 1,

2009, must be separated by a minimum distance of 1,200 feet from any otheroutdoor advertising sign that includes a dynamic display facing the same traveledway. The 1,200-f00t distance must be measured in a straight line from the center ofthe subject sign structures, as located on the ground

SAMPLE MOTIONI move that based upon the facts in this matter as they presently exist, we approve the applicant'sverification of spacing between dynamic display (digital) outdoor advertising signs subject to theaction of the Board being void should another outdoor advertising sign or conflicting use beconstructed prior to this sign.

8,3REVTSED 4/L6/2O2O

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I, Bobby D. Long, of Tulsa Engineering & Planning Associates, Inc.and a Professional Land Surveyor registered in the State of Oklahoma,hereby certify that this exhibit accurately porhays the locations of and

distances betweeh proposed and existing outdoor advertising signs as

determined by freld survey data gathered on the 3rd of February,20ã0.

D. Long

OUTDOOR ADVERTISING SIGN SPACING EXHIBIT

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Tulsa Engineering & Planning Associates,Inc9810 East 42nd Street Tulsa, Oklahoma74l46

Phone: 918-252-9621 Fax: 918-250-4566TEPCcnifìcätc of Aulhoriz¡tion No. 531 Rcrcwul Datc Junc 30, 2021

Job No: 20-01IScale: l":500'Date: 0212412020

G:\20-01 1\MiscDwgsPO-01 | Spacing Exhib¡t R4.dwg, 21241202Q - 3:06 8, .{

DANNYWHITEMANSIGN PLANS EXAMINER

TEL (918)596-9664EMAIL [email protected]

DEVELOPMENT SERVICES175 EAST 2Nd STREET, SUITE 450

TULSA, OKLAHOMA 74103.3227

SIGN PLAN REVIEW

March 13,2020

Phone: 918-665-1755

LOD Number: I

Lorinda ElizandoLamar Central Outdoor lnc.7777 E.38th St.Tulsa, OK74145

APPLICATION NO:Location:

SIGN-055101-2020 (et-alse REFERENâE WHEN coNTAcrtNG ouR oFFtcE)

10102 E. Broken Arrow ExP.Outdoor n

INFORMATION ABOUT SUBMITTING REVISIONS

OUR REVIEW HAS IDENTIFIED THE FOLLOWING CODE OMISSIONS OR DEFICIENCIES IN THEPROJECT 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 RESOLVED3. THE COMPLETED REVISED/ADDITIONAL PLANS FORM (SEE ATTACHED)

REVISIONS SHALL BE SUBMITTED DIRECTLY TO THE CITY OF TULSA PERMIT CENTER LOCATEDAT 175 EAST 2Nd STREET, SUITE 450, TULSA, OKLAHOMA 74103, PHONE (918) 596-9601.THE CITY OF TULSA WILL ASSESS A $55 RESUBMITTAL FEE. DO NOT SUBMIT REVISIONS TO THE

PLANS EXAMINERS.

ST//BMITTALS FÐGD / EMAILED TO PLANS Ð(/.MINERS WLL NOT BE ACCEPTED.

IMPORTANT INFORMATION

1. SUBMTT T\ruO (2) SETS OF REVTSED OR ADDTTTONAL PLANS. REVISIONS SHALL BE IDENTIFIEDWITH CLOUDS AND REVISION MARKS.

2. INFORMATION ABOUT ZONING CODE, THE INDIAN NATION COUNCIL OF GOVERNMENT (INCOG),

BOARD OF ADJUSTMENT (BOA), AND THE TULSA METROPOLITAN AREA PLANNINGcoMMtsstoN (TMApc) ts AVATLABLE ONLTNE AT WWW.INCOG.ORG OR AT INCOG OFFICES AT2 WEST 2ND STREET, 8TH FLOOR, TULSA, OK,74103 OR TELEPHONE (918) 584-7526.

3. PRESENT THIS LEfiER TO INCOG WHEN APPLYING FOR BOARD OF ADJUSTMENT ORPLANNING COMMISSION ACTION.

(Continued)

9.5

EW COMMEN

SECTIONS REFERENCED BELOW ARE FROM THE CIry OF TULSA ZONING CODE TITLE 42 AND CAN BE VIEWED ATWWW.INCOG,ORG

March 1cN-055101-2020No. 10102 E. Broken Arrow

This letter of deficiencies covers Sign Plan Review items only.

For ground, monument, pole & outdoor advertising structure sign applications only_, you may receive additional letters from other

disciplines iuch as Water/Sewer/Drainage for addltional defìciéncies regarding Utility Easement placement which are not addressed in

this letter.

Section 60.100 K Dynamic DisPlaYsExcept as provided in g60.100-J, any outdoor advertising sign that includes a dynamic display and that was

apprôved úy a permit issued on or after January l,2009,must be separated by a minimum distance of 1,200

feêt aom any other outdoor advertising sign that includes a dynamic display facing the same traveled way.

The 1,200-foot distance must be measured in a straight line from the center of the subject sign structures, as

located on the groundReview Comments: Converting a conventional outdoor advertising sigu to a dynamic display outdoor

advertising sign requires a 1,200 foot spacing verification from the BOA per section 70. I 10 from any digital

outdoor uCu"rtirittg rign facing the same traveled way. In addition, the proposed dynamic display outdoor

advertising sign appeats to be closer than 1,200 feet to a previously permitted outdoor advertising sign with a

dynamic Airpiuy facing the same traveled way. As an option, you may pursue a variance from the BOA Io

uilo* utt outdoor advertising sign with a dynamic display to be closer than the 1,200 feet spacing requirement

of 60.100 K.

NOTE: Please direct all questions concerning variances, special exceptions, appeals of an administrative

official, Planned Unit Developments (PUD), Corridor (CO) zoned districts, zoning changes, spacing

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

regarding (BóA) orlfUneC¡ application forms and fees to an INCOG representative at 584-7526' lt is your

r"õponsi[iùty to'send the decision of any actions by the BOA or TMAPC affecting the status of your applicat¡on

tor ä Sign Pêrmit to our office 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'

EN D zoN ING cLEARAN CE AN D SIGN coDE 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 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 CIry OF TULSA SIGN PERMIT.

2

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City of Tulsat75E2nd St., Su¡te f450

Tulsa, OK 74103(918) s96-94s6

Locat¡on Address Parcel Number

Expiration : 09 | 08 | 2O2O

Pe rm ¡t N o. S I G N -053 1 2L-202OPermit Type: Sign

Work Clossifi cotion: Outdoor Adven¡s¡ng

Permit Stotus; lssued

lssue Date: O3ltOl202O

9810 E 42ND ST S Tulsa, Tulsa, OK 74146 76150943013560

Contacts

WHISTLER SIGN COMPANY LLC

6304 E 102ND ST S Tulsa, Tulsa, OK 74137

(9781497-7446

Applicant

[email protected]

Description: dynamic display outdoor advertising s¡gn

Fees Amount

Application Fee (Sign)

Outdoor Advertis¡ng S¡gn

Permit and Licensing SystemMaintenance Fee

Record Retention Fee

Resubmittal (Sign)

System Development Fee

Total:

S6s.oo

s33s.00

s4.00

s136.s0

Sss.oo

S36.8s

s632.3s

so.oo

0.00

Valuationl

Totâl Sq Feet:

For BuildingÆrades: (918) 596-9656For R¡ght Of Way: (918) 596-2s19

Payments Amt Pa¡d

Total Fees

Credit Card

Check # 3092

S632.3s

s6s.00

ss67.3s

Amount Due: so.oo

Available lnspections:

lnspect¡on Tvpe IVR

Sisn Foundation 1905

Final Sign 1901

Additional lnformation

NeøEx¡st¡ng: NewElectric amps of Sign: 400Sign Text: changeable message technologyLocation on Lot: South on Broken Arrow Expressway frontageSign Perm¡t Notes: Perm¡t to convert the exist¡ng tri-fold Outdoor Advertising Sign (Original digital sign permit 190243 issued 4/7/2009) to a

digital Outdoor Advertising Sign of the same size and location per 60.100-J, lawfully established digital sign prior to 7h/207O. Spacing

acceptance per 80A-22862 approved 2/25/2020. Digital sign shall comply with T42 chapter 60.100 for dynamic displays and with T42

chapter 60.L00-l for illuminative brightness. This permit shall become null and void with the erect¡on of a digital OAS prior to the OAS ofth¡s perm¡t, by the preemptive effect of negating the 1200 ft. spacing verificat¡on of this permit. Contractor shall not place any sign orpart of any sign structure in a manner that would interfere with, cause damage to or obstruct service to any public util¡ty, Contractorshall call OKIE at 1-800-522-6543 prior to any excavation, to identify and locate ex¡sting utilities on the sign construction site. Electrical

work shall be done by separate permit. No approval is granted for any construct¡on or use violating any provision ofThe City ofTulsaOrdinances Title 42,49, 51 & 52. No other signs are included in this permit.

March 10, 2020

lssued By: Brian Mathis Date

March 10 2020

Authorized Signature

City of Tulsa, 175 E 2nd St., Tulsa, OK

Date

8,7Page 1 of 1

Chapman, Austin

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From:Sent:To:Cc:

Subject:Attachments:

Elaine Allred <[email protected]>Monday, April27,2020 6:03 PM

Chapman, AustinNathalie M Cornett;Shawn WhistlerRe: BOA-22902IMG-4455.JPEG;60963433387--6553790E-BBC6-46E0-8402-8FD0D4ABB55A.JPEG

Austin

We greatly appreciate the notice. We have already permitted, ordered and installed dynamic displays at the subjectlocation. I have attached photos showing the installed displays.

Please let me know if we can provide you with any additional information.

Thank you,

Elaine

On Wed, Apr 22,2020 at 2:58 PM Chapman, Austin <[email protected]> wrote

Elaine,

l'm contacting you as the applicant in 80A-22862 and l've copied Nathalie Cornett because she represented you theBOA hearing regarding that case. On the April 28th ,2020 hearing there will be another verification of spacing requestfor a dynamic display outdoor advertising sign , BOA-22902. The proposed sign is located 10025 E 44 PL S on theopposite side of the highway as your sign. There appears to be a conflict between your sign and the proposed sign and I

did seek to provide you notice of their application.

The applications materials and agenda will be available at the link below by this Friday April 24th"

http://tulsapla nnine.orslboa rds-commissions/citv-of-tulsa-board-of-adiustment/citv-boa-aeenda/

Below is the information regarding the April 28th City of Tulsa Board of Adjustment hearing and how to join remotely ifyour choose :

The City Board of Adjustment will be held in the Tulsa City Council Chambers and by videoconferencing and

teleconferencing at 1:00 pm.

1

8,8

Board of Adjustment members and members of the public may attend the meeting in the Tulsa City Council Chamber,but are encouraged to attend and participate in the Board of Adjustment meeting via videoconferencing andteleconferencing by joining from a computer, tablet or smartphone.

Join Videoconference: https://www.sotomeet.me/COTS/board-of-adiustment-april-28th

Join Tef econference by dialing: t (872124O-32L2

Participants must then enter the following Access Code:775-97O-485

Best,

Austin Chapman

Planner, City of Tulsa Board of Adjustment

TULSA Tulsa Planning OfficeFIåHHIHÊ OFFICE

2 W.2nd St.,8th Floor I Tulsa, OK74703

918.579.947L

achapman (@ incog.org

Determining compliance to zoning or building code requirements is not a function of this office.

The Building Permits Division will address compliance upon application for a building permit or occupancy{(e18) se6-e4s6}

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Whistler Billboards

direct 918-3 92-5208

[email protected]

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BOARD OF ADJUSTMENTCASE REPORT

STR: 9315

CZM: 38

CD: 5

Case Number: BOA-22904

HEARING DATE: 0610912020 1:00 PM (Conti n ued fro m 4/28/2020)

APPLICANT: Sierra Russell

ACT¡ON REQUESTED: Verification of the 1,000' spacing requirement for a medical marijuanadispensary from another medical marijuana dispensary (Section 40.225-D\

LOCATION: 6373 E 31 ST S, Suite J ZONED: CS

PRESENT USE: Vacant TRACT SIZEI. 15877.69 SQ FT

LEGAL DESCRIPTION: BEG 330W& 50N SECR SE TH W108 N147 E108 5147 POB SEC 15 1913,

RELEVANT PREVIOUS ACTIONS:

Surrounding Properties :

BOA-22881; On March 24th the Board accepted a verification of spacing for a medical marijuanadispensary located 6125 East 31st. The proposed dispensary received the Certificate of Occupancyon March 25th,2020. A copy of this certificate is included in your packet. The subject location is within1,000 feet of the dispensary located at 6125 East 31st as demonstrated on the exhibit below. TheApplicant was made aware of this information and chose to continue with their application

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BOA-228816125 E 31st ST

REVTSED 5/2A/202O

STAFF COMMENJS: The applicant is requesting a Verification of the 1,000' spacing requirementsfor a medical marijuana dispensary from another medical marijuana dispensary (Section 40.225-D)

n

EThe applicant provided the nearest dispensary as T-Town Dispensary, located 3524 S. Sheridan

SAMPLE MOTION:

I move that based upon the facts in this matter as they presently exist, we (accepUreject) theapplicant's verification of spacing to permit a medical marijuana dispensary subject to the action ofthe Board being void should another medical marijuana dispensary be established prior to theestablishment of this medical marijuana dispensary.

q.3REVTSED 5/28/2020

Føcing West on 37't Street

Subject property

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Dispensory øt 6725 E. 37't that has receíved their Spøcing Verificøtion in BOA-22887 ønd CertÍfÍcote ofOccupøncy whích is included in your pocket

Føcing Edst on E. 37't Street.

q.5

DANA L. BOXZONING OFFICIAL

PLANS EXAMINER II

TEL (918)596-9657

danabox@cityoft u lsa.org

LOD Number: IPat White10722 Master's CircleJenks, OK 74037

APPLICATION NO

Location:Description:

DEVELOPMENT SERVICES175 EAST 2Nd STREET, SUITE 450

TULSA, OKLAHOMA 74103

ZONING CLEARANCE PLAN REVIEW

February 22,2020

Phone: 918406-7024

BLDC-053137 -2020(qLEASE REFERENCETHTS NUMBERWHEN CONTACTING OUR OFFICE)

6373 E. 31"t St.Medical Marijuana Dispensary

INFORMATTON ABOUT SUBM¡TTING REVISION

OUR REVIEW HAS IDENTIFIED THE FOLLOWING CODE OMISSIONS OR DEFICIENCIES IN THEPROJECT APPLICATION FORMS, DRAWINGS, AND/OR SPECIFICATIONS. THE DOCUMENTSSHALL BE REVISED TO COMPLY WITH THE REFERENCED CODE SECTIONS.

REVISIONS NEED TO INCLUDE THE FOLLOWING:

1. A COPY OF THIS DEFICIENCY LETTER2. AWRITTEN RESPONSE AS TO HOW EACH REVIEW COMMENT HAS BEEN RESOLVED3. THE COMPLETED REVISED/ADDITIONAL PLANS FORM4. BOARD OF ADJUSTMENT APPROVAL DOCUMENTS, IF RELEVANT

REVISIONS SHALL BE SUBMITTED DIRECTLY TO THE CITY OF TULSA PERMIT CENTER LOCATEDATI75 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 THEPLANS EXAMINERS.

SIJBMITTALS FÆGD / EMAILED TO PLANS ÐI/.MINERS WLL NOT BE ACCEPTED.

IMPORT

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 ELECTRONICREVISIONS IN "SUPPORTING DOCUMENTS", IF ORIGINALLY SUBMITTED ON-LINE, FORREVISED OR ADDITIONAL PLANS. REVISIONS SHALL BE IDENTIFIED WITH CLOUDS ANDREVISION MARKS.

3. INFORMATTON ABOUT ZONTNG CODE, tND|AN NATTON COUNCIL OF GOVERNMENT (INCOG),

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

4. A COPY OF A "RECORD SEARCH' f X IIS ] IIS NOT INCLUDED WITH 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 THEBOARD OF ADJUSTMENT, INCOG STAFF WILL PROVIDE THE APPROVAL DOCUMENTS TOYOU FOR |MMEDIATE SUBMITTAL TO OUR OFFICE. (See revisions submittal procedure above.)

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(continued)

REVIEW COMMENTS

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

BLDC-053137-2020 6373 E. 31st St. February 22,2020

Note: As provided for in Section 70.130 you may request the Board of Adjustment (BOA) to grant avariance from the terms of the Zoning Code requirements identified in the letter of deficiency below.Please direct all questions concerning seÞarat¡on d¡stance acceptance and all questions regardingBOA application forms and fees to the INCOG BOA Planner at 9,!.@9. lt is your responsibility tosubmit to our office documentation of any decisions by the BOA affecting the status of your applicationso we may continue to process your application. INCOG does not act as your legal or responsibleagent in submitting documents to the City of Tulsa on your behalf. Staff review comments maysometimes identify compliance methods as provided in the Tulsa Zoning Code. The permit applicantis responsible for exploring all or any options available to address the noncompliance and submit theselected compliance option for review. Staff review makes neither representation nor recommendationas to any optimal method of code solution for the project.

1. Sec.40.225-D: A medical marijuana dispensary may not be located within 1000 feet ofanother medical marijuana dispensary.

2. Sec.40.225-H: The separation distance required under 5ec.40.225-D must be measured in a

straight line between the nearest perimeter walls of the buildings (or portion of the building,in the case of a multiple-tenant building) occupied by the dispensary.Review comment: Submit a copy of the BOA accepted separation distance of 1000' fromother dispensaries. Please direct all questions concerning separation distance acceptance andall questions regarding BOA application forms and fees to the INCOG BOA Planner at 918-584-7526.

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

http ://www.tmapc.orq/Documents/Tu lsaZon i nqCode. pdf

Please notifv the reviewer via email when vour revisions have been submitted

This letter of deficiencies covers Zoning plan review items only. You may receive additional letters from otherdisciplines 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 REVÍEW TO DATE lN RESPONSE TO THE SUBMITTED INFORMATION ASSOCIATEDWITH THE ABOVE REFERENCED APPLICATION. ADDITIONAL ISSUES MAY DEVELOP WHEN THE REVIEW CONTINUESUPON RECEIPT OF ADDITIONAL INFORMATION REQUESTED IN THIS LETTER OR UPON ADDITIONAL SUBMITTAL FROMTHE APPLICANT.

KEEP OUR OFFICE ADVISED OF ANY ACTION BY THE CITY OF TULSA BOARD OF ADJUSTMENT OR TULSAMETROPOLITAN AREA PLANNING COMMISSION AFFECTING THE STATUS OF YOUR APPLICATION FOR A ZONINGCLEARANCE PERMIT-

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CERTIFICATE of OGCUPANCY No: COO-054008-2020

PROPERTY

Address: 6125 E 31ST ST S

BUILDING PERMITBLDC-056777-2020

ZONING USE

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The above described property h provisions of the City of TulsaZoning Code and Building Code and as herein limited

Any easement closed by City Ordinance is subject to the City re-opening the easement unless the developerhas foreclosed the City's right to re-open. lt is the developer's responsibility to file a lawsuit in the DistrictCourt to foreclose the Gity's right to re-open a closed easement. This Certificate of Occupancy (and priorpermits) do not annulthe City's rights to re-open a closed easement.

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Approval Date: March 25,2020 Code Official: Adam Murray

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Attdu^olu,n # /Chapman, Austin

From:Sent:To:

Subject:

Chapman, AustinMonday, April27,2020 1:52 PM

Audrey Blank ; Austin Bond ; Briana Ross; Burlinda Radney; Jessica Shelton; Mark Swiney;

Sparger, Janet; Stuart Van De Wiele;Wilkerson, Dwayne

FW: BOA-22904

All,

I reached out to the proprietor of the dispensary at 6L25 E 31"'t St. which is within 1.,000'of the proposed dispensary in

BOA-229O4. They have informed me in the email below that they are opening at that location and a copy of theirCertificate of Occupancy is included ín your packet.

Best,

Austin ChapmanPlanner, City of Tulsa Board of AdjustmentTulsa Planning Office2 W.2nd St.,8th Floor I Tulsa, OK74LO3

L8.579.947L

rmining compliance to zoning or building code requirements is not a function of this office

TULSA Building Permits Division will address compliance upon application for a building permit or occupancy I

PLANN¡NC OFFICE (s18) se6-e4s6)

From: Donyale Stancle <[email protected]>Sent: Wednesday, April22,2O2O 6:4L PM

To: Chapman, Austin <[email protected]>

Subject: Re: BOA-22904

HiAustin,

Thanks for reaching out. Yes, I am still planning to open Medicinal Life Headquarters (dispensary) at that location in thevery near future; still making my way through the process. My landlord shared the notice with me and I planned toattend in person as well. Thanks again for reaching out.

Donyale Stancle

On Wednesday, April 22,2O2O, Chapman, Austin <[email protected]> wrote:

1

Mr. Stancle,

Q.\ù

I am writing you in regards to your previous application for a spacing verification at 6125 E 3L't Street. We have an

applicant who put in an application for a spacing verification that is within L,000' of your address I am reaching out toconfirm that you are still opening at that location I see that you have been issued your Certificate of Occupancy but I

did want to reach out and confirm that with you. l've attached a map with the location other dispensary. Please

respond to this email and let us know if your plans have changed for opening at that location. The Board will have a

copy of your Occupancy Certificate but it would be helpful to hear directly from that you are opening at the 6125 E 31'tStreet. Feel Free to contact me with any questions.

Best,

Austin Chapman

Planner, City of Tulsa Board of Adjustment

TULSÅ, Tulsa Planning OfficeFLÀHHIHG OFFIçE

2 W. 2nd St..8th Floor I Tulsa. OK 74103

9r8.579.9477

[email protected]

Determining compliance to zoning or building code requirements is not a function of this office.

The Building Permits Division will address compliance upon application for a building permit or occupancy

{(e18) ss6-e4s6}

2

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Chapman, Austinß oA- ?leotlA d4¿nò,,,m *¿å-

From:Sent:To:Subject:

Gary Conroy < [email protected] >

Monday, April27,2020 6:06 PM

esubmitCase Number is BOA-22904

I am writing as a parent with a child attending Augustine Christian Academy, that is well within the 1,000' of a

dispensary about to open. I object to the opening!! The statute is very clear and this location is under 50' from the play

area of the kids.

Sincerely,Gary Conroy9L8282-5514

OKLAHOMA MEDICAL MARIJUANA AUTHORITY Proof of Distance from a School for Dispensaries REQUIREMENTS L.

Title 63 O.S. S 425(G) prohibits medical marijuana dispensaries from operating within one thousand (1,000) feet frompublic or private schools. 2. Applicants for a dispensary license must attest and submit supporting documentation which

demonstrates the premises of a potential business site will be L,000 feet from any publíc or private school. 3. This

distance is measured by the straight-line (shortest) distance from the property line of the dispensary to any entrance ofa school. Any school that holds classes or activities for students, such as field houses, track/practice fields or agriculture

classes, is included in this restriction.

1

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Chapman, Austin

From:Sent:To:

Aaron Wied ma n < aaron.wied ma n @tu lsacou nty.org >

Monday, April27,2020 4:46 PM

esubmitCase Number BOA-22904Subject:

Good afternoon. I am writing to you today regarding the Case Number BOA-22904. I understand that a medical

marijuana dispensary is seeking to open up within 1000 feet of a K-12 school, namely Augustine Christian Academy. I

strongly request that you do not allow this business to open in such close proximity to the school. I have three young

children that attend this school. The administration, families, and caretakers of Augustine work tirelessly to support the

school. We already have a very large problem with vagrants, thieves, and others that vandalize, steal, and destroy

school property. lt is not an exaggeration to say that we have poured blood, sweat, and tears into this school for over 20

years. We have spent thousands and thousands of dollars ín an attempt to mitigate the damage and theft that has

occurred just in the last few years. At the risk of sounding cliché, the customers that this type of business would bring

into extreme close proximity to children, some as young as four, is in my mind dangerous. This would also be

exacerbating the already prevalent issue in an extreme degree. There are already at least 3 other medical marijuana

dispensaries within a mile of the location of the school. One could ask how many more are necessary to support thepopulation of this area.I respectfully plead with the Board of Adjustment to deny this business the ability to open in this location. There are

countless other locations in the same general area that would fit with¡n the existing law.

Sincerely,Aaron Wiedman

Aaron WiedmanBudget AnalystTulsa County Clerk Budget OfficeAa ron.wiedman @tulsacountv.org9L8-596-5865

The information in this e-mail message (including any information contained in attachments hereto) is ìntended only for use olthe addressee. This e-mail messagemay contain confìdential or privileged information. lf you receive this e-mail message unintentionally, please notify the sender promptly and then delete thismessage. E-mail transmission ¡s not guâranteed to be secured or error free. The sender ¡s

'n no way liable for any errors or omissions in the content of this e-mail

message, which may arise as a result of e-mail transmission. E-mails, text messages, and oiher electronic communicat¡ons made or received in connection withthe conducting of public business, the expenditure of public funds, or the administration of public property are subjecl to the Oklahoma Open Records Act and theRecords Management Act.

1 q.l3

Chapman, Austin

From:Sent:To:Subject:

Becki Davis <[email protected]>

Monday, April27,2020 3:56 PM

esubmitCase Number:BOA-22904

To Whom it May Concern,My name is Becki Davis and I live at 414W. Nashville St. in Broken Arrow, Oklahoma. I am employed as the AcademicCounselor at Augustine Christian Academy at 6310 E. 30th St. in Tulsa, OK. lt has come to my attention that a marijuanadispensary is planning to open directly behind our school property (your case number BOA-22904). I am writing tostrongly encourage you to NOT allow this dispensary to open ! I believe that this location is entírely too close to ourschool! We are already plagued by the homeless population in the area that we have to chase off of our property tokeep our students safe... we do not need to add marijuana users into the mix. Please consider how close this dispensarywould be to our school playground and the lot where our high school students park their cars, and please to not allowthem to open their dispensary in that location.Thank you for your consideration.Sincerely,

Becki DavisAcademic CounselorAdmi nistrative AssistantAugustine Christian Academy918-832-4600 ext. 204

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Chapman, Austin

From:Sent:To:Subject:

John Ah rens < ahrensj @stau g ustineacademy.org >

Monday, April27,2020 3:37 PM

esubmitBOA-22904

I am one of the administrators of St. Augustine Academy, lnc., doing business as Augustine Christian Academy. Ourschool is located at the corner of 30th and Sheridan, within the L,000' radius of the proposed dispensary that desires togo into the shopping center just behind us on 31st St. lt is my understanding that there is already a regulation in place

that would prevent this dispensary from going in just around the corner from our school, but I felt it was important toactually voice my concerns in writing. We have been a member of this community since 1997 and have owned threebuildings at the corner of 30th and Sheridan since 2002. Our primary school address ís 63L0 E 30th Street, a full 200+feet within the L,000 radius, which ends at 28th St. to our North.

I plan to attend the hearing tomorrow online.

Thank you,

John AhrensDirector of OperationsAugustine Christian Academy918-832-4600 ext. 205 (Office)918-863-ss3s Cell)

1 q, rg

Chapman, Austin

From:Sent:To:Subject:

x

Kirk Post < [email protected] >

Monday, April 27, 2020 3:37 PM

esubmitCase # BOA-22904

I was sorry to hear that a new marijuana dispensary is scheduled to be opened on 31st and Sheridan in Tulsa, just downfrom the back of our school property which fronts on 30th and Sheridan. We are a small school, but the impact on ourfamilies and children is no less important.We are already located in a place that receives much traffic from people who are experiencing many difficulties in life,understandable, but not necessarily safe for children. We must constantly remove people who try to sleep on ourproperty and leave drug paraphernalia on our playground. Although marijuana is legal in Oklahoma, we feelthislocation for a dispensary will encourage even more people who struggle with drugs to hang out in our area. Pleaseprotect family by making these retailers consider a spot farther away.With thanks,

Kirk D. PostHeadmasterAugustine Christian Academy918-832-4600 (Office)918-853-9719 (Cett)

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Sparqer, Janet

From:Sent:To:Subject:

Linda Thornhill <[email protected] >

Tuesday, April 28, 2020 4:25 PM

esubmitmarijuana dispensary Case Number is BOA-22904

The Case Number is BOA-22904I am writing as a teacher, This dispensary encroaches on the restricted area around the school. We will have a view

right outside the class window.

We don't need any more dispensaries. There are four in my own neighborhoodI live at L203 S. Delaware Place, Tulsa , OK 74704 near the University of Tulsa.

PLEASE don't allow this business to move in

Yours truly,Linda Thornhill

Linda ThornhiltArt TeacherAugustine Christian Academy918-832-4600 (Office)918-625-4318 (celt)

x

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Chapman, Austin

From:Sent:lo:Subject:

The Case Number is BOA-22904I am writing as a teacher, This dispensary encroaches on the restricted area around the school. We will have a viewright outside the class window.

We don't need any more dispensaries. There are four in my own neighborhood.I live at 1203 S. Delaware Place, Tulsa , OK 74LO4 near the University of Tulsa.

PLEASE don't allow this business to move in

Yours truly,Linda Thornhill

Linda ThornhillArt TeacherAugustine Christian Academy918-832-4600 (Office)918-625-4318 (Cett)

Linda Thornhill <[email protected]>Tuesday, April 28, 2020 4:25 PM

esubmitmarijuana dispensary Case Number is BOA-22904

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LEGEND

Tulsa Corpoíate Limits

BOA-229080 200 400Feet

19-12 04

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BOARD OF ADJUSTMENTCASE REPORT

STR: 9204CZM: 35

CD: 1

Case Number: BOA-22908

HEARING DATE: 0610912020 1:00 PM (Continued from 4/28/2020)

APPLICANT: Jonathan Bradley

ACTION REQUESTED: Special Exception to permit a High-lmpact Medical Marijuana ProcessingFacility in the lM District (Section 15.020, Table 15-2).

LOCATION: 3329 W 5 ST S ZONED: lM

PRESENT USE: Medical Marijuanan Cultivation and Processing TR.ACT SIZE: 14374.86 SQ FT

LEGAL DESGRIPTION: PRT GOV LT 5 BEG 313.385 & 50W & 247.75W NEC GOV LT 5 THN163.5 SWLY107.25124.1 NE100 pOB SEC 4 19 12 0.33ACS,

RELEVANT PREVIOUS ACTIONS: None.

RELATIONSHIP TO THE COMPREHENSIVE PLAN: The Tulsa Comprehensive Plan identifies thesubject property as part of a "Employment Designation " and an "Area of Growth"

Employment areas contain office, warehousing, light manufacturing and high tech uses such asclean manufacturing or information technology. Sometímes big-box retail or warehouse retail clubsare found in these areas. These areas are distinguished from mixed-use centers in that they have fewresidences and typically have more extensive commercial activity. Employment areas require accessto major arterials or interstates. Those areas, with manufacturing and warehousing uses must beable to accommodate extensive truck traffic, and rail in some instances. Due to the specialtransportation requirements of these districts, attention to design, screening and open space bufferingis necessary when employment districts are near other districts that include moderate residentialuse.

The purpose of Areas of Growth is to direct the allocation of resources and channel growth to whereit will be beneficial and can best improve access to jobs, housing, and services with fewer and shorterauto trips. Areas of Growth are parts of the city where general agreement exists that development orredevelopment is beneficial. As steps are taken to plan for, and, in some cases, develop or redevelopthese areas, ensuring that existing residents will not be displaced is a high priority. A major goal is toincrease economic activity in the area to benefit existing residents and businesses, and wherenecessary, provide the stimulus to redevelop.

ANALYSIS OF SURROUNDING AREA: The subject tract ís located West of the NW/c of S. 33rd WAve/ Charles Page Boulevard and West Sth Street.

to.&REVTSED 5/28/2O2O

STAFF COMMENTS: The applicant is requesting Special Exception to permit a High-lmpactMedical Marijuana Processing Facility in the lM District (Section 15.020, Table 15-2)

Manufacturirg and irdustrbl uses that regularty use hazardous chemicals orprocedures or that p.rodtrce hazardous byproducts or explosive hazards. Typicalexamples of high-impact manufarturing ãrtd industrial uses include: themanufach¡re of acetylene, cernent lirne, grpsum or plaster-of-Paris, chlorine"corrosive acid orfertilÍ¡er. insecticides. disinfiectants. poisons, explosivet paintlacquer, varnish, pefoleurn products, coal producta plåst¡c and synthetk resinsard radioactive måtÊr¡åls. This subcategnry also includes petroctemical tamilr

farms. gasification plant+ smelting anirnalslaughtering oil refining asghdtandconcrete {batch} plants and tannerles.

1. High-irnpact Medical Marijuana Frocessing FacilityÀn establishment in yrhich the prepar*ion, maflufacture, processing orpackagingof medical marijuana products bythe holder of a medical rnarijuanaprocessor license issued rythe Oklahonp State Departrrrent of l-lealth hconducted, in acsordan€e with the terrns of sr¡ch licens,e, and in whichextractbn pnlcesles includethe useof flammable substances swh as butane,propane, ethanol and alrohsl.

\0.3HEvtsÊD 4/16/2020

Medical Marijuana Uses are subject to the supplemental regulations found in Sec. 40.225$sffi {SSA* fi&#Ed [@l¡{üt,q@The supplemental use regulation of this section apply to medic¡l marijuana uses.

40.2214 A medical mårijuanâ grewer operation must be located inside anenclosed building.

40.22!3 A medical marijuana processíng facility. whether moderåte-impact orhigh-impact, must be located inside an enclosed building.

40.?23C A medical mârúuana dispensary must be located inside an enclosêdbuilding.

40.22'Ð A medic¿l marijuana dispensary mây r¡ot be located within 1,{1fi} feet ofanother medical marijuãnð dispensary.

4O.22ïl- Drive-through windovvs and drive-through lanes are prohibited formedical marijuana grower operations, processing facilities, díspensaries andrerearch f¿cilities.

40.?25-F Medical marijuana grower operåtlons. processing facilities anddispensaries must provide the folloruing

t- A ventilat¡on/air filtration system that prevents odor from being detectible at the boundariesof the lot within which the building housing the medical marijuana grower operation, processingfacility or dispensary is lorated, except that if such use ls located in multiple-tenant building, ther¡entilation/air filtration slrstêm must prevent odor from being detectible outside the tenãnt epåcetousing the use.

2. An electronic securi\r system and surveillance camera.

4{}.225{ Medical marijuana grwver operations, processing fac¡¡itles dispensaries andresearch facilit¡es m¡¡st be sonduqted and maintained in compliancewith thelicense issues by the Õklatnma State Depårbnent of Heahh and in cornpliance withOklahorna laru, including but not lirnited ts ¿ll applicable statJte& rules andreel¡lations.

¡lo.ï15-H No medical mar¡juãnã grower operation processing facility, dispensary or researchfac¡lity shåll be permitted or maintained r¡nless there exists å vål¡d license. issuedby the Oklahoma State Ðepartment of Health for the particular use at thepart¡cular location.

¡m.zls{ The separaticn distance required ur¡der Section 40,22FD rnust be measured in astraightline between the nearestperimeterwalls of the buildings (or portion of thebuilding Ín the c¿se af a multiple-tenant building| occupied by the dispensaries.lhe separaticn required under Section 40.221D shall not be appliedto lirnitthelacation of a medical marijuana dispensary for which a license was issued þ theOklahoma State Department of Health prior tç December 1. ?Of I for fte particuiarlocation.

Move to (approve/deny) a Specral Exception to permit a High-lmpact Medical MarijuanaProcessing Facility in the lM District (Section 15.020, Table 15-2)

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

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

The Board finds that the requested Special Exception will be in harmony with the spirit and intent ofthe Code and will not be injurious to the neighborhood or othenruise detrimental to the publ¡c welfare.

[o. L{REVTSED 4/76/2020

Facing West on W. sth

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Subjed Property

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Laurcn ParkerZONINGOFFIC¡ALPLANSEXAMINER

ïEL (918) 59&9499trrurenparft er@cþofr dsa,org

DEVELOPTENT SERVICES175 EAST 2''d STREET, SUITE 450TULSA, OKLAHOMA 74103.3227

ZONING CLEARANCEPLAN REVIEW

tarch +m2OLOD Number 02

Jonathan BradleyRiek Sft¡ber Architecture, lnc.zilzÉ,.2t"tst S.Tulsa, OK74114

APPLICATIOI{ f{O:Location:

Phone: (9r8) S934:¡tl¡l

BLDC-5061 9-201 I (ruanse RereRrruce vHEN coNrAcnNG oul ffFrcq3329 W. sth St. S.Green Lion and

INFORTATION ABOUT SUBiIITTING REI/ISIONS

OUR REVIEWHAS IDENTIFIED THE FOLLOWNG CODE OMISSIONS OR DEFICIENCIES IN THEPROJECTAPPLICATION FORMS, DRAWINGS, AND/OR SPECIFICATIONS. THE DOCUMENTS SHALLBE REVISED TO COMPLY WTH THE REFERENCED CODE SECTIONS.

REVISIONS NÉED TO INCLUDE THE FOLLOWNG:1. A COPY OF THIS DEFICIENCY LETTER2. AìA'RITTEN RESPONSEASTO HOWEACH REVIEWCOMMENT HAS BEEN RESOLVED3. THE COMPLETED REVTSED/ADD|ilONAL PI-ANS FORM (SEEATTACHED)

REVISIONS SHALL BE SUBMITTED DIRECTLY TO THE CITY OF TULSA PERM¡T CENTER LOCATEDAT I75 EAST2"d STREET, SUITE4sO, TULSA, OKLAHOMA 74103, PHONE (918) 59È9601.THE CITY OF TULSA WLL ASSESS A RESUBMITTAL FEE. DO NOT SUBMIT REVISIONS TO THEPLANS EXAMINERS.

SUBTüITTALS F,'IËD/ËNA'ILED TO PLANS EXAU'INERS W'LL NOT BE ACCEPTED.

ITPORTANT INFORTATION

1. IF A DESIGN PROFESSIONAT IS INVOLVED, HIS/HER LETTERS, SKETCHES, DRAWNGS, ETC.SHALL BEAR HIS/HER OKLAHOMA SEAL IA/ITH SIGNATURE AND DATE.

2. SUBMTTTWO (2) SETS OF DRAWINGS rF SUBMTTTED US|NG PAPER, OR SUBMIT ELECTRONTCRE1flSIONS IN 'SUPPORTING DOCUMENTS, IF ORIGINALLY SUBMITTED ON-LINE, FORRËVISED OR ADDITIONAL PLANS- REVISIONS SHALL BE IDENTIFIED VI'ITH CLOUDS ANDREVISION MARKS.

3. TNFORMATTON ABOUTZONTNG CODE, tNDtAN NATTON COUNCTL OF GOVERNMENï (TNCOG),BOARD OF ADJUSTMENT (BOA), AND TULSA METROPOLITAN AREA Pr-ANN|NG COMMTSSTON

ffMAPC) lS AVATLABLE ONLINE AT \ ^M

ilNCOG.ORG OR AT INCOG OFFICESAT2 W. 2"d ST-, 8ü, FLOOR, TULSA OK, 741 03, PHONE (91 8) 584-7526.

4. ACOpy OF A"RECORD SEARCH"LXJIS.I¡IIIÍILfNCLUDED Vì/|TH TH|S LETTER- PLEASEPRESENT THE "RECORD SEARCH" ALONG WTH THIS LETTER TO INCOG STAFF AT TIME OFAPPLY¡NG FOR BOARD OF ADJUSTMENT ACTION AT INCOG. UPON APPROVAL BY THE BOARDOF ADJUSTMENT, ¡NCOG STAFF IMLL PROVIDE THE APPROVAL DOCUMENTS TO YOU FORIMMEDIATE SUBMITTAL TO OUR OFFICE. (See revisions submittal procedureabove.)

\0,1

REVIEW COMTI'IENTS

SECT|ONS REFERENCED BELO\'\' ARE FROM THE C]TY OF TULSA ZONING CODE TITLE 42 AND CAN BE VIEV\,ED ATWWW.CITYOFTULSA.BOA.ORG

Application No. 8LDG5061S2019 3329 W. 5ü'St. S. March 4,2O2O

This letter of deficiencies covers zoning Revier¡v iterm only. You may receive additional letters from ofter disciplines such as Building orWater/Semer/Drainage for additimal deñcftncbs reserdins tÍility Easement flacementwfiiclr a¡e not addressed in lhis büer.

1. Section 35,070 - lndust¡ial Use Gategory:

a. 35.070-8 ltem 2 - toderate-lmpac{ tedical llariiuana Processing Facility: Anestabl¡shment in whicfi the preparalion" manufacture, processing or pad(aging of medícalmariiuana producß by the holder of a medical mariiuana proaessor lbense issued by theOklahoma Sfate Department of Health is conducted, in amrdance with the terms of suchlicense, and in which extraction processes are limited to use of non-flammable substancessuch as carbon dioxide, and to food-based and wateråased e¡<baction.

b. 35.070-G ftem I - High-lmpact Medical Marijuana Processing Facility: An establishmentin which the preparation, manufacture, processing or packaging of medical marijuanaproducts by the holder of a medical marijuana processor license issued by the OklahomaState Departnent of Health is conduc{ed, in accordance with the terms of such license, andin which extraction prooesses include the use of flammable substiances such as butane,propane, ethanol and alcohol.

- Review Comment: Provide information on the exbaction process and if it is limited to use of non-flammable substances such as carbon dioxitle, and to food{ased and wateròased extraction orincludes the use of flammable substances such as butane, propane, ethanol and alcohol.

- LOD 02 Review Comment The prciect location is located in an lM district. A special exception bythe Board of Adiustnents is rcquired in orderto have a High-lmpact Medical Marijuana ProcessingFacility in an lM distric,t. Please see number 3 of important information above for infonnation on howto contact the BOA.

2. RESOLVED

Note: All references are to the City of Tulsa Zoning Code. Link to Zoning Gode:http:/ aruw.tmapc.orq/DocumentsÆulsaZoninqCodeAdoptedl I 051 5.pdf

Please ncÉify the revieu¡er via email when yorr revisions have been subm¡tted

This letter of deficiencies covers Zoning plan review items onlyr. You may receive additional lefierc from olfrerdisciplines such as Building or YtlaterlSewelDrainage for itelre not addressed in füis letter.

A hard eopy of ttris leüer is available upon reguest by theapplicant

2

END - ZONING CODE REVIEW

IIOTE: Tl-llS COIìIST|TUTES A PLAN REVIEWTO DATE lN RESPONSE TO THE SUB¡I|ITTED INFORMATIOiI ASSOCIA-ÍEDWtfH THE ABOVE REFERENCED APPUCATION. ADDITIONAL ISSUES MAY DËVELOP WTIEN THE REVIEW CONTINUESUPON RECEIPT OF ADDffiONAL INFORMATION REQUESTED lN THIS LETTER OR UPON ADDITIOML SUBM¡TTAL FROñ,|

THE APPLICANT. KEEP OUR OFFICE ADVTSED OF ANY ACT¡ON BY THE CITY OF TULSA BOARD OF ADJUSruENT ORTULSA METROPOLITAN AREA PLANNING COMMISSION AFFECTING THE STAruS OF YOUR APPLICATION FOR A ZONINGCLEARANCE PERMIT,

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BsA- Jlqo6h /'den olurn + ICha ma Austin

From:Sent:To:Cc:

Subject:

Chapman, AustinTuesday, April 28, 2020 B:00 AMKevin Montgomery; esubmit91 844261 [email protected] le.comRE: BOA-229 12 &. BO A-22908

Good Morning,

I have received your comments and forwarded them to the Board of Adjustment members.

Best,

Austin ChapmanPlanner, City of Tulsa Board of AdjustmentTulsa Planning Office2 W.2nd St.,8th Floor I Tulsa, OK74LO3

579.947L

rmining compliance to zoning or building code requirements is not a function of this office

TUTSA e Building Permits Division will address compliance upon application for a building permit or occupancy F

PLANHING OFFIç5 8) s96-94s6)

From : Kevin Mo ntgomery <kmo ntgomeryL3 @cox. net>Sent: Tuesday, April 28,2020 5:14 AMTo: esubmit <[email protected]>Ccz [email protected] le.com; kmontgomeryL3 @cox. netSubiect: BOA-229L2 & BOA-22908

Board Of Adjustment Members,

There are concerns as Park View Place Addition to the City of Tulsa citizen neighbors. The concerns stem from an

ongoing lack of

traffic & parking enforcement which has been reported and not responded to by both City of Tulsa Police and Tulsa

County

Sheriff's departments. The response from each being "That is not our jurisdiction" numerous times over the last 3 years.

There is an accumulated 1331 documentary photos over this same period of numerous examples of potentiallyhazardous

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park¡ng and traff¡c cond¡tions along West Sth Street South between 33rd West Avenue and 37th West Avenue involving

truck/trailer deliveríes to or pick ups from the petroleum business in this corridor described.

Due to constraints imposed by the internet service provider, only 7 of those 1331are included, each is dated and timestamped.

Complaints are:. vehicles parked opposing troffic in areas with "NO PARKING" signs posted; vehicles porked in areas alongtroffic

poths with "NO PARKING" signs posted; vehicles traversing/traveling Sth Street South into the neighborhood west of 37thWest

Avenue, ignoring o "NO VEHICLES OVER THREE AXLES" clearly posted sign; vehicles porked simultoneously with andopposed to

traffic flow in oreas which are posted "NO PARKING" & vehicles parking on property not designated nor designed forparking.

These issues will not correct themselves. The concerns of public safety and potential environmental hazards or disastersmust

be a priority

PARK VIEW PLACE ADDITION TO THE CITY OF TULSA NEIGHBORS

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BOARD OF ADJUSTMENTCASE REPORT

STR: 9212CZM: 36

CD: 4

Case Number: BOA-22914

HEARING DATE: 0610912020 1:00 PM

APPLICANT: Token Wellness

ACTION REQUESTED: Verification of the 1,000' spacing requirement for a medical marijuanadispensary from another medical marijuana dispensary (Section 40.225-D)

LOCATION: 504 E 11 ST S ZONED: CBD

PRESENT USE: Vacant TRACT SIZE: 5580.06 SQ FT

LEGAL DESCRIPTION: S45.31 LT 1 BLK 2 , ELM PARK ADDN

STAFF COMMENTS: The applicant is requesting a Verification of the 1 ,000 spacing requirementsfor a medical marijgana dispensary from another medical marijuana dispensary (Section 40.225-D)

40.225-Ð Arnedical mariluama dtspernsaryr rmry nßt be lccated within l,tt{}fbet ofanother rmdkal r$ärijuana d¡isperNrsaeÉ.

¡$0.æ5-t The separation distãßf;e requlred ¡¡rder Se€tiõn 4$JAFA must he measured in astraight line heh¡r¡een thc mearestpertmüÈtÊrwãlls of the buildings {ar portion of thebuilding in the case of a rnu{tÍple-tenant huilding} ocrupied by thë dispensaries"The separatien required ur¡der SectiCIr.¡ 4ü.225-D shafi not he applied ta lirnit thelacation of a rnedical rna,r$uana dlspnsary fnr n¡tr{ch a licelrs€ yças iss{Jd þry theOklahsrna State Sep,artrment of Health prÌar ts Þecernher 1, 2O1& fsr the particu{arlccationl

The applicant provided the nearest dispensary as The Flower Shop, located 621 S Kenosha Ave,which is 1,648.04' away.

SAMPLE MOTION:

I move that based upon the facts in this matter as they presently exist, we (accepUreject) theapplicant's verification of spacing to permit a medical marijuana dispensary subject to the action ofthe Board being void should another medical marijuana dispensary be established prior to theestablishment of this medical marijuana dispensary.

\1.4.REVTSED 5/28/2020

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Nearest Dispensary: The Flower Shop Dispensary,62L S Kenosha Ave, Tulsa

Proposed Location: 504 E llth Street, Tulsa

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Applicant: Token Wellness

Action Requested: Verification of the 1,000 spacing requirements for a medical

marijuana dispensary from another medical marijuana dispensary (Section

40.22s-Dl.

Location: 504 E lLth Street

Zoned: CBD

Present Use: Vacant

Tract Size: 5,580 sq. ft.

Legal Desciption: S45.31 1T L BLK 2, Section: 12 Township: L9 Range: L2, ELM

PARK ADDN

Applicant comments: The nearest dispensary is 1,500'away, located North of theproposed location, at 62L S Kenosha Ave, Tulsa OK74t2O (The Flower Shop

Dispensary).

Sample Motion: I move that based upon the facts in this matter as they presently

exist, we (accept/reject) the applicant's verification of spacing to permit a medical

marijuana dispensary subject to the action of the Board being void should anothermedical marijuana dispensary be established prior to the establishment of th¡s

medical marijuana dispensary.

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DANA L. BOXZONING

PLANS EXAMINER II

TEL (918)596-9657

danabox@cityoftulsa. org

DEVELOPMENT SERVIGESI75 EAST 2'd STREET, SUITE 450

TULSA, OKLAHOMA 74103

ZONING CLEARANCE PLAN REVIEW

April27,2020

Phone: (206) 427-8666LOD Number: 1

Kathy Hartwelll83l E. 71"t St., Suite 306Tulsa, OK 74136

APPLICATION NO

Location:Description:

zco-059339-2020(PLEASE REFERENCE THIS NUMBER WHEN CONTACTTNG OUR OFFTCE)

504 E. fith st.Medical Marijuana Dispensary

INFORMATION ABOUT SUBMITTING REVIS¡ONS

OUR REVIEW HAS IDENTIFIED THE FOLLOWING CODE OMISSIONS OR DEFICIENCIES IN THEPROJECT APPLICATION FORMS, DRAWINGS, AND/OR SPECIFICATIONS. THE DOCUMENTS SHALLBE 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 RESOLVED3. THE COMPLETED REVISED/ADDITIONAL PLANS FORM4. BOARD OF ADJUSTMENT APPROVAL DOCUMENTS, IF RELEVANT

-"REVISIONS SHALL BE SUBMITTED DIRECTLY TO THE CITY OF TULSA PERMIT CENTER LOCATEDA-I 175 EAST 2Nd STREET, SUITE 450, TULSA, OKLAHOM A 74103, PHONE (918) 596-9601 .

THE CITY OF TULSA WILL ASSESS A RESUBMITTAL FEE. DO NOT SUBMIT REVISIONS TO THEPLANS EXAM|NERS... (SEE #2, BELOW)

IMPORTANT INFORMATION

1, IF A DESIGN PROFESSIONAL IS INVOLVED, HIS/HER LETTERS, SKETCHES, DRAWINGS, ETC. SHALL BEAR HIS/HEROKLAHOMA SEAL WITH SIGNATURE AND DATE.

2. **PURSUANT TO FEDERAL, STATE, AND LOCAL DECLARATIONS OF EMERGENCY ARISÍNG FROM THE COVID-19THREAT AND AS DIRECTED BY THE ADMINISTRATION, OUR OFFICE IS CLOSED TO THE PUBLIC UNTIL FURTHERNOT|CE. PAPER SUBMTTTALS (tNCLUD|NG REV|S|ONS AND ADDENDUM) FOR ANY PROJECT tS NOT ACCEPTED ATTHIS TIME. IF SUBMITTING REVISIONS FOR APPLICATIONS THAT PREVIOUSLY UTILIZED PAPER PLANS, EMAIL THEREVISED PLANS TO [email protected] OR SUBMIT ELECTRONIC PLAN REVISIONS ON THE PORTALAT HTTPS://TULSAOK.TYLERTECH.GOM/ENERGOV4934/SELFSERVICE. YOU WILL NEED TO REGISTER ON THEPORTAL IF YOU HAVE NOT PREVIOUSLY DONE SO. **

3. TNFORMATTON ABOUT ZONING CODE, |NDTAN NATTON COUNCTL OF GOVERNMENT (TNCOG), BOARD OFADJUSTMENT (BOA), AND TULSA METROPOLTTAN AREA PLANNTNG COMMTSSTON (TMAPC) rS AVATLABLE ONLTNEAT WWW.|NCOG.ORG OR AT TNCOG OFFTCES AT 2 W. 2n,r ST., 8th FLOOR, TULSA, OK, 74103, PHONE (918) 584-7526.

4. A COPY OF A ''RECORD SEARCH'' f X IIS T IIS NOT INCLUDED WITH THIS LETTER. PLEASE PRESENT THE ''RECORDSEARCH'' ALONG WITH THIS LETTER TO INCOG STAFF AT TIME OF APPLYING FOR BOARD OF ADJUSTMENTACTION AT INCOç. UPON APPROVAL BY THE BOARD OF ADJUSTMENT, INCOG STAFF wlLL PROVIDE THEAPPROVAL DOCUMENTS TO YOU FOR IMMEDIATE SUBMITTAL TO OUR OFFICE. (See revisions submittal procedureabove.).

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(continued)

REV¡EW COMMENTS

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

zco-059339-2020 504 E. llth st. April27.202O

Note: As provided for in Section 70.130 you may request the Board of Adjustment (BOA) to grant avariance from the terms of the Zoning Code requirements identified in the letter of deficiency below.Please direct all questions concerning separation distance acceptance and allquestions regardingBOA application forms and fees to the INCOG BOA Planner at9,1.!;1!![¡@.lt is your responsibility tosubmit to our office documentation of any decisions by the BOA affecting the status of yourapplication so we may continue to process your application. INCOG does not act as your legal orresponsible agent in submitting documents to the City of Tulsa on your behalf. Staff reviewcomments may sometimes identify compliance methods as provided in the Tulsa Zoning Gode. Thepermit applicant is responsible for exploring all or any options available to address thenoncompliance and submit the selected compliance option for review. Staff review makes neitherrepresentation nor recommendation as to any optimal method of code solution for the project.

1. Sec. 4O.225-D: A medical marijuana dispensary may not be located within 1000 feet ofanother medical marijuana dispensary.

2. Sec. 4O.225-H: The separation distance required under 5ec.40.225-D must be measured in a

straight line between the nearest perimeter walls of the buildings (or portion of thebuilding, in the case of a multiple-tenant building) occupied by the dispensary.Review comment: Submit a copy of the BOA accepted separatíon distance of L000' fromother dispensaries. Please direct all questions concerning separation djstance acceptanceand all questions regarding BOA application forms and fees to the INCOG BOA Planner at91.8-584-7526. The BOA will begin taking applications May L,2020 for June hearings.

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

http ://www.tma pc.orq/Documents/Tu lsaZon i nqCode.pdf

Please notifv the reviewer via email when vour revisions have been submitted

This letter of deficiencies coven¡ Zoning plan review items only. You may receive additional letters from otherdisciplines such as Building or Water/SewerlDrainage for items not addressed in this letter.

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

END - ZONING CODE REV¡EW

NOTE: THIS CONSTITUTES A PLAN REVIEW TO DATE lN RESPONSE TO THE SUBMITTED INFORMATION ASSOCIATED WITHTHE ABOVE REFERENCED APPLICATION. ADDITIONAL ISSUES MAY DEVELOP WHEN THE REVIEW CONTINUES UPONRECEIPT OF ADDITIONAL INFORMATION REQUESTED IN THIS LETTER OR UPON ADDITIONAL SUBMITTAL FROM THEAPPLICANT.

KEEP OUR OFFICE ADVISED OF ANY ACTION BY THE CITY OF TULSA BOARD OF ADJUSTMENT OR TULSA METROPOLITANAREA PLANNING COMMISSION AFFECTING THE STATUS OF YOUR APPLICATION FOR A ZONING CLEARANCE PERMIT

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BOARD OF ADJUSTMENTCASE REPORT

STR: 0214

CZM:21GD: 1

HEARING DATE: 0610912020 1:00 PM

Case Number: BOA-22916

APPLICANT Jackie Berryhill

ACTION REQUESTED: Verification of the 1,000 spacing requirement for a medical marijuanadispensary from another medical marijuana dispensary (Section 40.225-D)

LOCATION: 4538 N MARTIN LUTHER KING JR BV E ZONED: CS

PRESENT USE: Commercial TRACT SIZE: 18495.65 SQ FT

LEGAL DESCRIPTION: LOT-1 -2-BLK-26, VALLEY VIEW ACRES

STAFF COMMENTS: The applicant is requesting a Verification of the 1 ,000 spacing requirementsfor a medical marijuana dispensary from another medical marijuana dispensary (Section 40.225-D)

4{1.?25-Ð å rnedical mãrijuar¡a dispensary ma}¡ nnt be located within I,OfrO feet üfanother rned'kal rnãrijuãnã dispensary.

aü.æFl The se.paratiryr distance required urder Sectior¡ 4EJ25.B rnust he rfleasured iß astraight line between the nearect perirt'¡et€r rualls, nf th€ huildirqs [ar Fãrtion of füebuilding in the caseaf a multiple-t*nant buildlnglcæupied hythe dispensarie*.The separation req,uired under Section 4{l.325-t shal! rlot be applied to limit ttlelocation nf a n¡edical rna'riluana dispensary fnr vuhicFr, a license rüras issued by theOklahoma State tepartn¡ent *f l-leaüth pricr tc Feceffnher I" 2O18 fCIr the partianlarlocation{

The applicant provided the nearest dispensary as Gibbs Green Dispensary, located 4604 N PeoriaAve, which is 1 mile away.

SAMPLE MOTION:

I move that based upon the facts in this matter as they presently exist, we (accepUreject) theapplicant's verification of spacing to permit a medical marijuana dispensary subject to the action ofthe Board being void should another medical marijuana dispensary be established prior to theestablishment of this medical marijuana dispensary.

le'AREVTSED 5/28/2O2O

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DANA L. BOXZONING

PLANS ËXAMINER I{

LOO Numbon IJad(ls Beryhllll01a N.23d W. Ave.1ul3a, OK Zll27

APPUCATIOI.I NO:

mDEVELOPMENT SERVICES

I75 EAST ?il STREEI, SUNE,¡50TULSA.OKL/\HOMA 74103

ZONING CLEARANCE PLAN REVIEW

March 8, 2û20

Phone: 0l &70¡l-0308

BLDC-054223-2020(P¿EASE REÆRE/VCE THIS NUI''SER wHÊN CONîAÇnNA OUR OFFICE).lll38 M¡rtln Luther Klng Blvd.modlcsl Medþan¡ Dhpen¡ry

Locatlofl:D.rcrlptlon:

($ntinæd)

OUR REVIEW HAS IDÉNlIFIÊD THE FOLLOWING CODE OMISSIONS OR ÐEFICIENCIES IN THEPROJECT APPLICATION FORMS, DRAWINGS, AND/OR SPECIFICATIONS. THE OOCUMENTSSHALL BE REVISED TO COMPLY WITH THE RÊFERENCED CODÊ SECTIONS,

1. A COPY OF THIS DEFICIENCY LETTER2. A WRITTEN RESPONSE AS TO I"if,W EACH REVIEW COMMENT HAS BEEN RESOLVED3. THE COMPLETED REVISEDiADDITIONAL PLANS FORM4. BOARD OF AD.'USIMENT APPROVAL DOCUMENTS, IF RELEVANT

REVISIONS SHALL BE SUBMITlED OIRECTLY TO THE CITY OF TULSA PERMIT CENTER LOCATEDAT't75 EAST 2d STREET, SUTTE 450, TULSA, OKLAT-|OMA 74103, PHONE (918) 590.9€01,lHE CIÎY OF TULSA WILL ASSESS A RESUBMITTAL FEE. DO NOT SUBMIT REVISIONS TO THEPLANS EXAMINERS,

SUAHÍIALS FAXED / EMNLÉD ÍO PI-,,NS Ð(AIÚ'NERS WILL NOT BE ACCEPTED.

REVISIONS NEEÞfO INCLUDË ÏHE FOLLOWINo:

IF A DESIGN PROFESSIONAL IS INVOLVED, HIS/HER LËTIERS, SKETCHFS, ORAWINGS, EfC.SHAI.! BEAR HIS/HER OKLAI.I3MA SEAL WITH SIGNATURE AND DATE,

2. SUBM|T tWO (2) SETS OF ORAWr¡,tGS rF SUBMtrrÊD USTNG PAPÊR, OR SUBM|T ÉLECÌRON|CREVISIOÑS IN "SUPPORTING OOCUMEN'I'S', IF ORIGINALLY SUEMITTÉD ON"LINE, FORREVISED OR ADOITIONAL PIANS. RÊVISIONS SHALL BE IOENTIFIED WTTH CLOUDS ANDREVISION MARKS.

TNFORMATTON ABOUT ZONTNG CODE, tNOtAN NATTON COUNCTL OF GOVËRNMENT {TNCOG),BOARD OF AO.'USÎMENT (BOA), ANO TULSA MÊTROPOLTTAN AREA PLANNING COMMISSION(TMArc) IS AVAILABLE ONLINË AT WWW.INCOG,ORG OR AT INCOG OFFICES A12 W. ?d ST.,8rh FLOOR, TULSA, OK,74103, PäONE (918) 584-7526.

A COPY OF A 'RECORD SEARCH'L&Ul t ilS NOT TNCLUDED W|TH TH|S LETTER. PLEASEPRESENT THE 'RECORO SEARCH' ALONG WITH IHIS LËfTER TO INCOG STAFF A1 TIME OFAPPLYING FOR SOARD OF ADJUSTMENT ACTION AT INCOG. UPON APPROVAL BY THESOARD OF AO.JUSTMENI. INCOG STAFF WILL PROVIOE THE APPROVAL DOCUMENTS TO

1.

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llot : Ar provld.d tor ln S.ctlon 70,t30 you m.y rogueÍ thc Boerd ol Ad¡u.ün.nt (8OA) to gnnt avrtlenoa liom llþ ¡ôrms ol lhe Zonlng Coda rurr¡lranrenta ldenrlled ln the lat¡r of dClc¡anay ¡alory,Flaele dlrect al qu€adon! Ðncemlng raor!flon dlrt&c. æc.dtnca lnd rll gualllonr r.g¡rdhgBOA rppllardon tormr lrìd L- to tho II{COO IOA Plrnrt.r er ¡!&flg¡l¡L{. I l! yoe? t rpontblllly lo¡ubmlt b our ofrlc. documeñetlon ol rny dclalon¡ by thc IOA .t clhg th. strlu¡ ol your rpdlcrtlonro wa mry coillnua to procI3 you? eppllorllon. ll,lCOO doa¡ not ¡ol et your Lgrl or r¡tponrbþlgant ln rübrdttln¡ documJrl. io th. Clty ol Tulr. on yolr b¡heÍ, 8tÍf rorLw GoÍrn.nt¡ mryþm¡tkn.r ldcntty compllftcc mrtlþda ra p?ovlded ln tha Ïular Zonlng Coda. Th. p.rn{t spgllcntl. lr.pomlbþ td .rplorhB all or lny optlon¡ avrlliue to .ddn¡. lhe ¡r¡morlpll.me .nd ll¡bmlt tlþ,..lactad coñpll¡noe optlon tor ravlof,. tl¡ll nvbw mrll nCthar rrpc.nlalbn mr

'tcomrn ndrtlon

¡ lo rly opllm.l m.thod ol sod. rolutlm lor th. pfoþot

Sectlon 40,225 Medlcal Marlluanô Uses

1. Sec.¡þ.225-D: A medical marijuana dispensary may not be located w¡th¡n 1000 feet of

another medical mari¡uana dispensary.

2, Sec,40.225-l: The separation distance required under 5ec.40.225-D must be measured in a

stra¡ght line between the nearest perimeter walls of the buildings (or po.tion ofthe bu¡lding,

in the case of a mult¡ple-tenant building) occupied by the d¡spensary.

Revlew comment: Submit a copy of the BOA accepted separat¡on distance of 1000'fromother dispensaries. Please direcl all questions concernìng separation distance acceptance and

all questions regarding BOA application forms and fees to the INCOG BOA Planner at 918-

584-7s26.

Not€: All r€ferences are to the gty ofTulse zonlrg Code. Llnk to zon¡ng Cod€:

http//ww.tm¡qc.oro/DocmmtE/lulszonlmCode,pdl

thb att- otddlaþælr Gw.[ Zonln! drn nrllw lt m¡ only, Yqu mry racdv..ddldorl htr[ ftom d[rdælpnfl¡ rirch ar ;ulldlñg r lrydarr9.warron¡[9. tor lt n! mt dd[¡rd ln thlr líbi

A þrd opy ot thl¡ Llt r l¡ rvdhbL rþon nqú.¡t by th. ¡pgllanl.

REVIEW COMMENTS

SECIIÕNS REFÉRENCÉD BÉLOW ARE FROM 'flIE CITY OF TULSA ZONING CODE ¡I'TL€ 42 AND CAN 8E VI€WEO AfWWW.CITYOFTTJLS¡\"BOA.ORG

Ê'LDCÆó224-2o2o ¿538 Mañln Luther Klno glvd- March ß, 2O2O

END-ZONINO CODE RÊVIEW

NOIE: ftlls CONS¡TUIES A PLAN R ÊVIEW ïO OAIE lN RËSPONS€ TO fHF SUAñl|TTED INFORMAÍION ASSOCIAÍE0WIIH THÊ AEOVE RÉF€RENCËD APPLICAÍIOÑ, AODIÎONAL ISSIJ€S MAY OEVËLOP WHEÑ fHE REVI€W CONTINUESUPON RECEIPT ÒF AODIÍIONAL INFORMAÍION REOTJ€STED IN THIS LËT΀R OR UPOÑ ADDITIONAL SUEMITTAL FROMÉE APÈICANT.

KÊÉP OUR OFFICÊ ADVISËD OF ANY AÔfION BY THE CITY OFÍULSA BOARO OF ADJUS'Til1ENTOR TULSAMEÍROPOLIIAÑ AREA PLANNING COMMISSION AFFECTING fHE STATUS Of YOUR APPLICATÍON FOR A ZONING

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BOA-22917 13. \

BOARD OF ADJUSTMENTCASE REPORT

STR: 9409

GZM: 39

CD: 6

Case Number: BOA-22917

HEARING DATE: 0610912020 1:00 PM

APPLICANT: KatinaWalker

ACTION REQUESTED: Verification of the 1,000 spacing requirement for a medical marijuanadispensary from another medical marijuana dispensary (Section 40.225-D)

LOCATION: 2005 S 129 AV E, SUITE A ZONED: CS

PRESENT USE: Vacant TRACT SIZE: 22498.83 SQ FT

LEGAL DESCRIPTION: LT 1 BLK 1 ,PLAZA HILLS CENTER

STAFF COMMENTS: The applicant is requesting a Verification of the 1,000 spacing requirementsfor a medical marijuana dispensary from another medical marijuana dispensary (Section 40.225-D)

4tì.22$D,{ rnedical rnerijuana,dispensary rnay not be located uuÍthir¡ 1,00(lf€,et ürf

another nædical rnarijrlanã dispensary.

¿tû.125-t 'n-he separation distär¡ce nequired urder Sectisn 48.22'}8 rnl¿st be rneâsuned iß astraight line hetween the nearest perirnet€r walls CIf the buildings (sr Fortisn af thebuilding in the case af a rnultiple-tenant buildingloccupi,eclhl'tlìe dis,pensarim.The separation requircd under Section 4O.22SD shall Þst be applied tû lirm¡ü'ttrìe

loration' of a rnedical r.nariluana dbpensary for whiah a license was issr¡ed by theOklahonra State Ðepartnleñt 8f Health pricr ts BecernbÊr 1, 2{X18 üsr the perticularlocationl

The applicant provided the nearest dispensary as Fuego, located 11420 E. 20th Street, which is4,776'away.

SAMPLE MOTION

I move that based upon the facts in this matter as they presently exist, we (accepUreject) theapplicant's verification of spacing to permit a medical marijuana dispensary subject to the action ofthe Board being void should another medical marijuana dispensary be established prior to theestablishment of this medical marijuana dispensary.

\3,AREVTSED 5/28/2020

Subjed Property

Facing North on 729th E. Ave.

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PREME CANNABIS CO.

2005 5. 129th E. Ave

Tulsa, OK 74t1g

Proof of distance from another dispensary:

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= 4,776 feet away, easily exceeding the 1,000 foot minimum distance requirement.

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DANA L. BOXZONING

PTANS EXAMINER II

TEL (s18)59e9657danabox@cityoftu lsa.org

DEVELOPMENT SERVICES175 EAST 2Od STREET, SI'ITE 450

TULSA, OKLAHOMA 74103

ZONING CLEARANCE PI-AN REVIEW

lllrrch 29,2020LOD Number: .| phonc: (9lS}S92.0606

Kat¡na llllelkcr2006 S. t29ü| E. Avc., Suitc ATulsa, OK 74108

APPLrcAnoNNo: BLDC'056216'2020tprceseREFERENr;ETHIiNUMBERWHENcoNTAcTlNGouRoFFlcE,)

Locatlon: àoos s' 129ü' E' Ave" suitc A

Doscrlptlon: Medicallllladiuena Dispensary

oURREV|EWHAslDENTlFlEDTHEFoLLoWlNGcoDEoMl.ssloNsoRDEFlclENclEslNTHEPROJECTAPPLICATION FORMS, DRAW}íCí ÀI'IóTóN SP-ECIFICATIONS' THE DOCUMENTS

sir¡r-f ge RB/tsED iööo-rrrì'Ñ w¡in i¡le ierenexcED coDE sEcrloNs'

REVISIONS NEED TO INCLUDE THE FOLLOUUING:

1. A COPY OF THIS DEFICIENCY LETTÊR

2. AWRTTTEN REsPoNsE As ro ¡roriv-ËÂcH REV¡B^' coMMENT HAs BEEN RESoLvED

' 5. fxÈco¡¡plerÈo Râ/lsED/ADDlrloNAL PLANS FoRM

4. BOARD OF ADJUéiI¡ÏNiÀÈPNOVAL DOCUMENTS, IF RELB/ANT

pursuant to Federal, state, and Local declarations of emergency arising from the covid-l9 threat and as

directed by the Administratíon, our office is closed to the public until further notice' we will continue

providíng seryice via remote working. Please bear wiü., us as we go through this together'

1. lF A DESIGN PRoFEssloNAL ls INVoLVED, HIS/HER.LFTTERS, sKETcHEs, DRAWINGS, ETc.' éúÀfaBán ¡náirEn oruxorunsEALWlrH SIGNATUREAND DArE'

2.SUBM|TTWo,(2lsETsoF.DRAWINGS-|F_..SUBMITTEDUSINGPAPERTocot¿evwcsroc¡wontìlsä.orol b¡ gyfnrir ELECTROÌ{|o RB/lsloNs lN .suPPoRTlNG

DOCUMENTS', tF ORIGINALLY SUBMIfreO ON'LINE, FOR REVISED OR ADDITIONAL PLANS'

. RB/ts¡oNs sHALiéË óË¡¡nÊ¡Èó wifH clouos AND RÉl/lsloN MARKS.

¿. TNFoRMAIoN ABoUr THE zoNtNG coDE, BoA¡:q oF ADJUsTMEIJ (B^oA), ¡-L{N-NINGóórtlurssioñ fiMApc), AND rHE rÛrsn Þt4¡1¡¡NG-ofFlcE AT lNcoc cAN BE F9UND

:fïfAi.. i,'H'.ËÄååi{ïflÎ&.Silå'#DEFICIENCY

4.

YOU(continued)

l3,G

ENTS

SECÏONS REFERENCED BELOW ARE FROM THE CITY OF TULSA ZOIING CODE TITLË 42 AND CAN BE VIEWED AT-ñr'l.iùì.a,'

ia n n i n s' o rsln I a n srr u ha Zo n i n sCo¿ e' n¿ t

2020E.s.

ilote: As providod for ln Sectlon 7O.l3O you may request the Board of Adiustment (BOA) to grant a

,variance from the terms of the Zoning code requirements identified in the lotter ol deficiency below.

please direct alt questions concerning separat¡on d¡st3nce acceDtance and ¡ll questions regarding

BoA apptication Íorms and fees to the eo¡ p¡anner at the Tulsa Plrnning ollice at 918'684'7626 or

[email protected]. lt is your responsibility to submit to our office document¡tion of any decisions by

the BoA affecting the status of your application so we may continue to process your application'r

lNcoc does not act.s your legal or responsible agent ln submitting documents to tho Gity of Tulsa on

your behalf. Staff rcview comments may sometimes identlf comptiance methods as provlded in thp

,Tulsa Zoning Code. The permit applicant is responsible for erplorlng all or any opt¡ons lvailable to

address the noncomplianóe and submit the selected compliance option for review. $taff revlew makes

neigror representation nor rccommendation as to any opt¡mal method of code solution forthe groiacl'.,

Sectlon N.225 Medical Mariiuana Uses

1. SeG/m.ZZFiD: A medical marijuana dispensary may not be located withín 100O feet of

another medical marijuana dispensary.

2. Sec.4O.Tl5-l: The separation distance required under 5ec.40.225-O must be measured in a

straight line between the nearest perimeter walls of the buildings (or portion of the building,

in the case of a multiple-tenant building) occupied by the dispensary.

Revierr comment: Submit a copy of the BOA accepted separation distance of 10O(/ from

other dispensaries. please direct alt questions concerning separation distance acceptance and

all questions regarding BOA application forms and fees to thc BOA Planner at thc Tulse

Planning Oflicc at 918ú84-7626 origgÞlql@bgg4fg.

Note: All references are to the City of Tulsa Zoning Code. Llnk to Zon¡ng Code:

www.tu lsaolan ning.orey'nlans/TulsaZoninsCode.ndf

Plca¡c notlñr fü¡ ruvlcwer vla cmalt whcn vour ¡cvlslon¡ havc lrccn ¡ubmltt d

:'-rhË ¡ätiËT¿tdðfiËid;iðiêû-ä¡rúö¡äzsiiiniiîltlilidúhw treÉË dñry.-%ü;riåi"rËöcivc eddlüonäl liitteisäoñ ottiéi'-1

A hard oopy of thls letter !¡ avallablo upon raquest Þy thq appllcant .

END zoNING CODE REVIEW

NoTE: THIS GoNsTlTUrEs A PLAN REVIEW To DATE tN RESPoNsE TO THE SUBM]TTED lNEOEi44-Tl9!! A€SocnTEDwrH THE ABovE REFERËNcED appuc¡loñ. ADbmo¡¡AaissuÊs MAy DEVELoP wHEN_THE REVIEW cotlTlNuEsupoN REcErpr oF ADDrro¡¡AL weonr'nfóñ âEaùËõti:õ iñ-rrtls LErrEn oR uPoN ADDrrlol{AL suBMlrrAt FRoMTHEAPPLICANT.

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BOARD OF ADJUSTMENTCASE REPORT

STR: 0331

CZM:29CD: 1

HEARING DATE: 0610912020 1:00 PM

Case Number: BOA-22918

APPLICANT: MD Al-Amin

ACTION REQUESTED: Verification of the 1,000 spacing requirement for a medical marijuanadispensary from another medical marijuana dispensary (Section 40.225-D)

LOCATION: 1004 N UTICAAV E, UNIT B ZONED: CS

PRESENT USE: Vacant TRACT SIZE: 8002 SQ FT

LEGAL DESCRIPT¡ON E 80'LT 12 & E 80' LT 13 BLK 1, INGRAM-LEWIS ADDN

STAFF COMMENTS: The applicant is requesting a Verification of the 1 ,000 spacing requirementsfor a medical marijuana dispensary from another medical marijuana dispensary (Section 40.225-D)

4û.22FD ,4 rnedical rnarijuana dispensary m4r not be locafied uuüthin 'ß,"O0ûfeet ûfanstfien nred[c¡fi mar{i:uana d{spensary.

d{l.It5-t The sepal"atian distance required ¡¡nderSest¡on 40.225-B must be measu,red in astraight line bete$een the r¡earest perinneter malls úf the buiildirçs (on po¡tion sf thehuildùng inr the caseof a r-nultiplet*nant buildingloacupiled byfte dispernsaries.Itle separatiom r*qulred under Section 4ü,Z2}tl shall rwt be applied to llrmit tt¡elocatieir¡, of a nredical rnafljuana dispensary for u¡hich a lirense was iszued hf thetktat¡s¡r*a St;¡te Bepärtrteflt o,f N-lealth priolt to Becen'lhn 1,, Ztt E ñon the partiularloratlnn,f

The applicant provided the nearest dispensary as Good Greens, located 1333 N. Utica which is2,415 ft away.

SAMPLE MOTION:

I move that based upon the facts in this matter as they presently exist, we (accepUreject) theapplicant's verification of spacing to permit a medical marijuana dispensary subject to the action ofthe Board being void should another medical marijuana dispensary be established prior to theestablishment of this medical marijuana dispensary.

\{.ÂREVTSED 5/28/2O2O

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BOARD OF ADJUSTMENTCASE REPORT

STR: 9332CZM:47CD: 9HEARING DATE: 0610912020 1:00 PM

Case Number: BOA-22919

APPLICANT: JCW Development LLC

ACTION REQUESTED: Verification of the 300' spacing requirement for a plasma center fromplasma centers, day labor hiring centers, bail bond offices, pawn shops, and package stores (Section40.300-A&B)

LOCATION: 5130 S HARVARD AV E

PRESENT USE: Vacant retail

ZONED: CS

TRACT SIZE: 113848.88 SQ FT

LEGAL DESCRIPTION: S41.33 E211 LT 1 & ALL LT 2 LESS N15 W230.30 THEREOF & LESSBEG NEC LT 1 TH 5118.38 W2.96 NW119.23817.16 POB FOR RD BLK 1, SOUTHEAST CENTERRESUB L1 AVERY WOODLAND ACRES

STAFF COMMENTS: The applicant is requesting a Verification of the 300' spacing requirementfor a plasma center from plasma centers, day labor hiring centers, bail bond offices, pawn shops, andpackage stores (Section 40.300-A&B)

Section 4d).3tt Plasma Centers. Day t-abor. Package Stores, Bail Bonds, Pawn ShopsThe supplernental use regulations of this section apply to all plasma €enters, day labor hiringcenters. package stores, bail bond offices and pawn shops.

4O.3O(ÞA Plasma {enters, day labor hiring €enters, package stores, bail band offices andpði¡n shops must be separated þr. minimum distance of 30O feet, provided thatbail bond offices located within the CBD district are not subject to this separationrequirement.

40.30{þB For uses established afterJuly 1, 20Ot, the separation distance requirement ofS$fl,30fL4 rnust be measured in a straight line Fom the nearest perimeter wall ofthe portion of the building occupied þr one of the subject uses tCI the nearestperimeter wall of the portion af the building of any cther subject use.

lncluded in your packet are exhibits provide by the applicant showing compliance with the spacingrequirment. Additonlly included in your packet is an inventory of uses within 300' of the proposedplasma center.

SAMPLE MOTION:I move that based upon the facts in this matter as they presently exist, we accept the applicant'sverification of spacing to permit the plasma center subject to the action of the Board being void shouldanother package store or other conflicting use be established prior to the establishment of thispackage store.

\5.åREVTSED 5/24/2O2O

Focing East immediately øcross Horvord Ave. There is ø pockage store thøt is visible though it is not

wíthin 300' oÍ the subject tenønt spoce.

FøcÍng South on Hørvdrd

Subjed Space

\5.9

DANA L. BOXZONING

PLANS EXAMINER II

TEL (918)596-9657

danabox@cityoft ulsa. org

DEVELOPMENT SERVICESI75 EAST 2"d STREET, SUITE 450

TULSA, OKLAHOMA 74103

ZONING CLEARANCE PLAN REVIEW

April 1, 2020

LOD Number: 1

Wendy Nichols Phone: 920-356-1255100 Tower DriveBeaver Dam, Wl 53916

APPLrcArroN No: ZCO'057065-2020(PLEASE REFERENCE THIS NUMBERWHEN CONTACTING OUR OFFICE)

Location: 5130 S. HarvardDescription: Plasma Center

INFORMATION ABOUT SUBMITTING REVIS¡ONS

OUR REVIEW HAS IDENTIFIED THE FOLLOWING CODE OMISSIONS OR DEFICIENCIES IN THEPROJECT APPLICATION FORMS, DRAWINGS, AND/OR SPECIFICATIONS. THE DOCUMENTS SHALLBE 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 RESOLVED3. THE COMPLETED REVISED/ADDITIONAL PLANS FORM4. BOARD OFADJUSTMENTAPPROVAL DOCUMENTS, IF RELEVANT

-"REVISIONS SHALL BE SUBMITTED DIRECTLY TO THE CITY OF TULSA PERMIT CENTER LOCATEDAT 175 EAST 2Nd STREET, SUITE 450, TULSA, OKLAHOM A 74103, PHONE (918) 596-9601 .

THE CITY OF TULSA WILL ASSESS A RESUBMITTAL FEE. DO NOT SUBMIT REVISIONS TO THEPLANS EXAMTNERS.*. (SEE #2, BELOW)

SUBMITTALS FÐGD / EMAILED TO PLANS EXAMINERS WLL NOT BE ACCEPTED.

IMPORTANT INFORMATION

1. IF A DESIGN PROFESSIONAL IS INVOLVED, HIS/HER LETTERS, SKETCHES, DRAWINGS, ETC. SHALL BEAR HIS/HEROKLAHOMA SEAL WITH SIGNATURE AND DATE.

2. **PURSUANT TO FEDERAL, STATE, AND LOCAL DECLARATIONS OF EMERGENCY ARISING FROM THE COVID-I9THREAT AND AS DIRECTED BY THE ADMINISTRATION, OUR OFFICE IS CLOSED TO THE PUBLIC UNTIL FURTHERNOT|CE. pApER SUBMTTTALS (tNCLUD|NG REV|S|ONS AND ADDENDUM) FOR ANY PROJECT lS NOT ACCEPTED ATTHIS TIME. IF SUBMITTING REVISIONS FOR APPLICATIONS THAT PREVIOUSLY UTILIZED PAPER PLANS, EMAIL THEREVISED PLANS TO COTDEVSVCS@CIWOFTULSAORG OR SUBMIT ELECTRONIC PLAN REVISIONS ON THE PORTALAT HTTPS://TULSAOK.TYLERTECH.COM/ENERGOV4934/SELFSERVICE. YOU WILL NEED TO REGISTER ON THEPORTAL IF YOU HAVE NOT PREVIOUSLY DONE SO. **

3. TNFORMATTON ABOUT ZONTNG CODE, TNDTAN NATTON COUNCTL OF GOVERNMENT (TNCOG), BOARD OFADJUSTMENT (BOA), AND TULSA METROPOLTTAN AREA PLANNTNG COMMTSSTON (TMAPC) lS AVAILABLE ONLTNEAT UUA4J@RG OR AT TNCOG OFFTCES AT 2 W. 2nd ST., 8rh FLOOR, TULSA, OK, 74103, PHONE (918) 584-7526.

4, A COPY OF A "RECORD SEARCH'' f X IIS f .lIS 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 THEAPPROVAL DOCUMENTS TO YOU FOR IMMEDIATE SUBMIfiAL TO OUR OFFICE. (See revisions submittal procedureabove)

(continued)

\F.q

REV¡EW COMMENTS

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

zco-057065-2020 5130 S. Harvard Ave Aorill.2020

Note: As provided for in Section 70.130 you may request the Board of Adjustment (BOA) to grant avariance from the terms of the Zoning Code requirements identified in the letter of deficiency below.Please direct allquestions concerning separation distance acceptance and allquestions regardingBOA application forms and fees to the INCOG BOA Planner at 9,!.8-584-752Ê. lt is your responsibility tosubmit to our office documentation of any decisions by the BOA affecting the status of yourapplication, so we may continue to process your application. INCOG does not act as your legal orresponsible agent in submitting documents to the Gity of Tulsa on your behalf. Staff reviewcomments may sometimes identify compliance methods as provided in the Tulsa Zoning Code. Thepermit applicant is responsible for exploring all or any options available to address thenoncompliance and submit the selected compliance option for review. Staff review makes neitherrepresentation nor recommendation as to any optimal method of code solution for the project.

5ec.40.300-A & B: Plasma centers...must be separated by a minimum distance of 300 feet. For uses established after Julyt, 2OOL, the separation distance requirement of 5ec.40.300-,4 must be measured in a straight line from the nearestperimeter wall of the portion of the building occupied by one of the subject uses to the nearest perimeter wall of theportion of the building of anyother subject use.

Figure 4O-11-: Meosurement of Requíred Use Seporation(Permits lssued ofter 7/1/2001)

min.300'

street

Review comment: Submit a spacing verification reviewed and accepted by the BOA per 5ec.70.170 thaï.demonstrates compliance with Sec.40.300-A & B.

Note: All references are to the City of Tulsa Zoning Code. Link to Zon¡ng Code:

http://www.tmapc.orq/Documents/TulsaZoninqCode.pdf

Please notifv the reviewer via email when vour revisions have been submitted

This letter of deficiencies covens Zoning plan review items only. You may receive additional letters from otherdisciplines such as Building or Water/SewerlDrainage for items not addressed in this letter.

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

2

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NOTE: THIS CONSTITUTES A PLAN REVIEW TO DATE IN RESPONSE TO THE SUBMITTED INFORMATION ASSOCIATED WTHTHE ABOVE REFERENCED APPLICATION. ADDITIONAL ISSUES MAY DEVELOP WHEN THE REVIEW CONTINUES UPONRECEIPT OF ADDITIONAL INFORMATION REQUESTED IN THIS LETTER OR UPON ADDITIONAL SUBMITTAL FROM THEAPPLICANT.

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

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Sparqer, Janet

From:Sent:To:

Monica Winn <[email protected]>

Monday, June 1, 202011:14 PM

esubmitA homeowner comments on Case # BOA-22919Subiect:

Case # BOA-229'19

Hello,

As a homeowner and parent in the South Creekside neighborhood I am strongly opposed a plasma center, pawn shop,

bail bond office and day labor hiring center doing business out of the old hobby lobby building on Harvard.

Eisenhower lnternational School, is less than a mile and an easy walk away from that building. My children play at thesplash pad and playground at Manion park, and I feel very uncomfortable knowing that those businesses are less than a

L5 minute walk away. Those services do not serve this neighborhood well and will take away from our property values,

as well as the level of safety that I as a home owner and mother feel.

I strongly ask that you think about the home owners in this area and hear our voice and concern

My name is Monica Winn and my address is

27Og E 61st St, Tulsa, OK74136

\5.[o

From:Sent:To:Subiect:

Tyler Winn <[email protected]>

Monday, June 1,202011:13 PM

esubmitCase # BOA-22919

To whom it may concern

I am a homeowner and resident of the South Creekside neighborhood and strongly opposed to the businesses seeking to

enterthe old Hobby Lobby building, including a plasma center, pawn shop, bail bond office and day labor hiring center. I

am honestly shocked that these businesses are considering entering this location. They truly do not fit the character ofthe neighborhood. We already have a good deal of foot traffic that makes our family feel unsafe at times. This will only

heighten that sense, as well as serve to decrease the property values of these historic neighborhoods.

ln addition, the business location is one mile away from Southern Hills Country Club where the PGA Championship will

be held in 10 years. This is not the direction that the neighborhood should be headed, especially when national

attention is on the horizon.

Please consider my voice added to the opposition

Tyler Winn2709 E 6l-st St, Tulsa, OK 74L36

1 15.il

Sparqer, Janet

From:Sent:To:Subiect:

Bil I Scattergood < bil l.scattergood @yahoo.com >

Monday, June 1, 2020 3:43 PM

esubmitCase# BOA-22889

This carport was constructed without authorization from the city of Tulsa. The carport is basically uglyand doesn't fit the other properties on74th St. So now the property owner wants to get permission toconstruct a longer and higher and probably uglier carport??? This will lower property values on 74thSt. In the past the owner ran a business out of his garage which violates our zoning codes!!!! | havelived on my property over 40 years and this is the only carport between 1sth St and 19th St andproperty values will drop if this request isapproved.

OBJECT TO THIS TO THISREQUEST

WilliamScattergood

1544S74thEAveTulsa, OK74112918-406-6361

1 \5,11

Janet

From:Sent:To:Subject:

Shana Ramirez <[email protected] >

Tuesday, June 2, 2020 8:24 AMesubmitBOA-22919

I am writing to request that the plan to bring in a plasma center, day labor facility, and bail bond store should not be

located at 51st and Harvard. Those stores will not serve the neighbors who live close to that location. I will be attendingthe city Council meeting on June 9 and I will. bring neighbors. There will be many who are opposed to this business

coming to our area. Please consider the neighbor's desires. lt would be better for our neighborhood for that storefrontto stay empty than for this set of businesses to be there. Thank you for your consideration.Shana Ramirez5235 S Columbia Place, Tulsa, OK 74105918-932-0260

Sent from my iPhone

1 \5 t3

Sparger, Janet

From:Sent:To:

Sharon Anthamatten < [email protected] >

Tuesday, June 2, 20208:47 AMesubmitCase # BOA-22919 ConcernsSubject:

To Whom lt May Concern,

I understand that there is a hearing on June 9 that will allow the Hobby Lobby at 51't & Harvard to be used for bail bond

offices, pawn shops, Plasma center, etc. We are AGAINST such a measure that would allow these type of business so

near our neighborhood which includes schools, churches, parks, etc. with young children and families. Although we

would like to see th¡s building occupied we are very much OPPOSED to these type of businesses so near our homes,

families, children, schools and churches. These business are NOT businesses that would serve our neighborhood well.

Thank you.

Sharon Anthamatten2726E.59th St

Tulsa, OK 74IOs9L8-697-s965

1 15. t.l

Sparger, Janet

From:Sent:To:

Judy Bridwell <[email protected] >

Tuesday, June 2, 2020 10:49 AMesubmitCase # 80A22919Subject:

ln regard to using this property for a Plasma Collection site, bail bonds, pawn shop, etc.

A neighborhood is a group of people and businesses that support each other to everyone's betterment.What will this out of state business contribute i to this part of town? I do not see it giving back to the neighborhood in

anyway. lt does not contribute to our welfare, our schools, our businesses or our houses of worship. I do see it as a

place people of the neighborhood will want to avoid.I do not see the proposed as a benefit to anyone except themselves.

I am against the approval of th¡s property for the reasons requested by those submitting theapplication for approval.

Thank you,

Judith Bridwell4426 E.58th Place S.

Tulsa, OK.74L35

Judy Brídwell

1 \5. \5

Sparger, Janet

From:Sent:To:Subject:

Monte Harrison < [email protected] >

Tuesday, June 2, 2020 11:09 AM

esubmitCase # BOA-22919

We are homeowners in the South Creekside neighborhood and are opposed to this development.

Monte Harrison2773 Easl56th place

Tulsa ok 741Os

Monte Harrison | | Jason's Deli

I monte.ha [email protected]

* x x

Mission - To Make Every Customor Happy

Purpose - To lmprove the Lives of Others through Nourishment of the Body, Mind, Heart, and Spirit

core varues - The Highest Perconal StandardsA Great Place to WorkOut of thls World HospitalityThe Highest Quality Food Served SafelyA Healthy Growing Company

CONFIDENTIALITY NO-[E: This e-rna¡l is inlended only for the person or entity to which ¡t is addressed and may contain ¡nformation that is pr¡vileged, confidenlial

or otherwise protected from disclosure. D¡sseminatron, distribution or copying of this e-mail or lhe information herein by anyone olher than the intended recipient,

or an employee or agent responsible for delivering the message to the intended recrp¡erll, ¡s prohibiled. lf you have received this e-mail in error, please call the

Jason's Delr Help Desk at 409-951-5656 and destroy the original message and all copies.

CONFIDENTIALITY NOTE: This e-mail is intended only for the person or entity to which it is addressed and may containinformation that is privileged, confidential or otherwise protected from disclosure. Dissemination, distribution or copying ofthis e-mail or the rnformation herein by anyone other than the intended recipient or an employee or ageni responsible for

delivering the message to the intended recipient, is prohibited. lf you have received this e-mail in error, please call the

Jason's Deli Help Desk at 409-951-5656 and destroy the original message and all copies.

1

xx

ì5, \tp

Sparqer, Janet

From:Sent:To:Subject:

Jennifer Todd <jento dd727 @ gmail.com >

Tuesday, June 2, 2020 1:00 PM

esubmitCase # BOA-22919 comments

To Whom lt May Concern,

My son attends Eisenhower lnternational and is entering the lst grade in the fall. We have five more years at thisschool, which is currently in a nice, safe neighborhood where we, as parents and children alike, currently feel safe. The

adjoining park, splash pad, and tennis courts (Manion Park) also provide a safe environment, with no loiterers, vagrants,

or vandalism that I have ever seen or been aware of. Upon hearing there is an applicant for the space previously

occupied by Hobby Lobby that will include plasma centers, day labor hiring centers, bail bond offices, pawnshops, and

packagestores, lbecameoutraged. Theclienteleofthemajorityofthosebusinessesshouldbenowherenearaschool,especially a grade school, and my family and I are fully against it. Please consider the ramifications those businesses

would have on the surrounding area, where children play, learn, have soccer practice, etc. There are open fields and a

lovely park near the school which are currently clean and safe, but sadly would be ideal for the same crowds thatfrequent bail bond offices and pawnshops to loiter and completely alter the safe space for these children. With thecards already stacked against our children with overcrowded and underfunded classrooms, please do not expose theoutdoor space to unsafe characters and add one more obstacle for these children to overcome. We rely on this city toprotect our children even with the limited resources they have and l, for one, will consider the acceptance and approval

of this application to be in direct violation of this trust. Please put the children and their well being first and deny theapplication of JCW Development, LLC.

Sincerely,Jennifer Todd

42248 78th StreetTulsa, OK74136

\5.t11

Sparger, Janet

From:Sent:To:Subject:

Steve Wilson <[email protected] >

Tuesday, June 2, 2020 12:40 PM

esubmitCase # BOA-22919

Good Afternoon,

Recently, I have been made aware of the proposed development referenced in the subject line. I am of the opinion that

not only does this development not serve the neighborhood but is potentially detrimental due to the nature of the business

and their proximity to an elementary school. I am a parent of an Eisenhower student and have concerns regarding the

traffic and clientele likely to frequent these businesses. I urge you to consider the safety ofthe children and the sanctity

of the South Creekside Neighborhood when making this decision and be guided by what is in their best interests.

Thank you,

Steve Wilson1137 E.53rd PlaceTulsa, OK 74105

1 \5. l8

Janet

From:Sent:To:

Sarah Dyer < sarah.dyer217 6@ gmail.com >

Tuesday, June 2, 2020 12:39 PM

esubmitCase # BOA-22919Subiect:

It was recently brough to my attention that there was a plan to develop the area where the old Hobby Lobby was at 5l"st

and Harvard into a centerto include Plasma donation, pawn shop, bail bond and day labor hiring center. While I

understand that these are important facilities, I do not believe that this is the appropraite area for them. The proximity

to my 8 year old son's school makes me incredibly upset and I would very much like to express my concern with thisplan. Therearemanyotherareasoftownwheretheseservicesmightbebetterreceivedandactuallyhaveanimpactonthe people who need to use them. Bringing these types of services so near to a school seems like a very irresponsible

use of the property and jepordizes the the safety of the children in the area. I would like to urge you to reconsider what

you are planning to use this property for and consider the families who live in the area and the families of children who

attend school in the area.

Thank you for your time and consideration.

Sarah Dyer - Parent of an Eisenhower student3838S91stEAveTulsa, OK74L45

1 ì5. tq

Sparger, Janet

From:Sent:lo:

Michael Fell < [email protected] >

Tuesday, June 2, 2020 2:11 PM

Chapman, Austin; esubmitProposed businesses going into the old Hobby Lobby spotSubject:

To whom it may concern,

Halt the addition of the Plasma Center, Pawn Shop, Bail Bond offtce and Day Labor Hiring Center at the old

Hobby Lobby location at 5lst & Harvard. This will be to the detriment of the entire neighborhood.

A frequently voting taxpayer

5215 S Harvard Ave

Apt G

Tulsa OK 74L35

Sent from Outlook

x Virus-free. www. avast.com

I \ 5,e0

Sparger, Janet

From:Sent:To:Subject:

Linda Williams < [email protected]>Tuesday, June 2, 2020 8:39 PM

esubmitCase #BOA-22919

Sirs and Madams,

It has been brought to our attention that a Variance is going to be discussed at a meeting on June 9,2020 regarding the

above mentioned location. I would at this time like to register an objection to Case #BOA-22919.

Our neighborhood is strongly family oriented. We have 4 churches, 3 schools and a neighborhood park that is well utilized

by childien, parents and seniors. There are tennis and basketball courts, playground equipment, splash pad and a walking

track. We have neighborhood meetings, picnics and other events frequently.

The biggest concern with the planned changes would be the lack of benefit to our neighborhood community the

encouå-gement of other elements. We are not located near a courthouse for bail bonding to be efficient. We would not

utilize a þawnshop for neighborhood purchases or pawning. A blood bank would not be a deal breaker but as a nurse I

have been associated witñ situations where they attract individuals who loiter and in some cases donate plasma at every

opportunity.

Having lived here for 3b years we have witnessed the problems associated with the development of the low income

housiñg at 61 and peoriá. When Mr. Cowen, god rest his soul, built this development we experienced a great hardship.

Our homes have been burglarized, property stolen from yards and even open garage doors with repairmen in the house.

Our schools were less safe and loitering in the park made it impossible to feel safe at times. The 'big kids'from the

development coming and taking over th-e park made it unsafe for the neighborhood kids at certain times of the day. We

have found drug paraphernalia and trash in the parking area and trash overflowing from the disposal bend.

Based on these problems a neighborhood group was established. A Neighborhood Watch Program developed and

monies collected for improveménts and security. All neighbors have begun to install and keep yard lights on at night and

motion sensors during the day. We are doing our best to provide a safe and secure environment.

We live in this neighborhood, love this neighborhood and are invested in keeping it safe. Please do not make it impossible

for us to maintain ôur homes in beauty, safety and property value. This is a request that you consider our neighborhood

as you would your own and protect our children as you would yours.

please send me the information needed to attend your meeting on June 9,2020. Time and location will be distributed to

our neighbors as we have a vested interest in the outcome'

Linda Williams2769 E 56th Place91 8-605-9259

t5.Â\

Sparger, Janet

From:Sent:To:

curtiscombs@ hotmai l.com

Tuesday, June 2, 2020 8:22 PM

esubmitBOA-22919Subject:

I'm writing in concerning the zoning for a proposed Plasma Center in the old Hobby Lobby building at 51-30 S HarvardAve. While it may be outside the 300ft spacing requirement from the liquor store, it is just right across the street. ltwould also be right across the street from a bridge that commonly sees vagrants living underneath it already. On theother side of that bridge is a QuikTrip that has issues with vagrants already as well.It's an incredibly busy intersection that would become a magnet for people that do not live in the area. lt's a bad

location for this business and would be bad for the school and park right next to the location as well.A liquor store you can clearly see from the lot, the city's largest liquor store a mile down the road, 2 Quiktrips and an

overpass already overrun with homeless. lt's an incredibly irresponsible spot to put that kind of business in and activelyharms the surrounding community. lt serves no purpose to the people that actually live in the area. I ask that you rejectthis application for the sake of our community.

Curtis Combs27tOE 56th Pl

Tulsa, OK 74L05

1 \9. ea

Sparger, Janet

Sent:To:Cc:

From: Teri Shaffer <[email protected] >

Tuesday, June 2,2020 10:08 PM

esubmitChapman, AustinProposed Zoning Variance- 66th & Lewis

To Whom lt May Concern

I have been an owner of a condominium at Royal Oaks for years. Over time, the area has become more crime ridden and

the property has significantly decreased in value. Additionally, there is a huge concentration of people residing in that

area because of the surrounding apartment complexes.

We do not need added noise, crime and increased traffic in that area that an entertainment hall serving alcohol will

likely bring. Please do not allow the special exception to the zoning ordinance.

Thank you,

Teri Shaffer918.519.6849

Subject:

1\5,à,

Sparqer, Janet

From:Sent:To:Subject:

kyle brown < kbrown0902@ gmail.com >

Wednesday, June 3,2020 B:10 AMesubmitCase Number BOA-22919

I ask the Board of Adjustment reconsider allowing a plasma center, day labor hiring center, bail bond office, pawn shop,package stores from opening at 51-30 S. Harvard Ave E in Tulsa. As a resident in the area and a regular visitor to stores in

that area, I am concerned the operations will create undue hardship on the residents and visitors.

This area is not a current hot spot for patrons of these businesses and placing them in this location only requires the cityto find transportation from areas they inhabit. lt does not make sense to have a business in a location that does nothave a ready made customer base and rely on daily transportation from external areas for support.

An elementary school and two churches share this area with many businesses that caters to young and elderly people

alike. Urban Air is a relatively new business that is frequented by children and opening the area up to the crowds

typically associated with plasma centers, pawn shops, day labor centers, and bail bonds would likely impact theirbusiness unfairly as they try to recover from the current COVID-L9 crisis. Adding these on top would likely end theirbusiness as parents will choose to stay away.

I ask the Board of Adjustment refuse the application and offer alternative locations that would make more sense forthose businesses as well as their patrons.

Thank you,

Kyle Brown

1 \5.âq

Sparger, Janet

From:Sent:To:Subject:

[email protected], June 3, 2020 9:14 AMesubmitCase # BOA-22919

I am inquiring about the hearing on 6-9-2020 on Case # BOA-229L9.I don't think we have time to get our documents in time for the hearingWe received the letter on Friday afternoon 5-29-2O2O.

Can this hearing be tabled until next month?THANKS

Gary M. ConnellyHarvard Park Village5205 S. Harvard Ave.Unit # 114Tulsa, Ok 74135918-605-5538

1 \5,a5

Sparger, Janet

From:Sent:To:Subject:

Shanna Marlow <[email protected] >

Wednesday, June 3, 2020 9:55 AMesubmitCase BOA 22919 JCW Development LLC

Dear Board of Adjustments - lwould like to share my concerns with the proposed use of a portion of theformer Hobby Lobby store at 5130 S. Harvard being utilized as a plasma center. While I fully support the good

intentions of voluntary blood donation, a "paid" donation center usually presents a different clientele and

outcome. I realize some of our community members need income and do so through selling blood, but wealso need to acknowledge this often includes people with addiction and homeless issues.

As you may be aware, this location is near two senior living communities and those neighbors frequentlypatronize the SteinMart store next door. A plasma center which shares the same parking lot with a

department store, is not congruent to successful business. lt may be a detraction for senior shoppers, as wellasthegeneral public,iftherearepeopleloiteringinthearea. Wealsodonotneedtoendangeranyofoursenior citizens with an increased possibility of being approached for money, car theft, shoplifting, etc. lf theSteinMart store closes, our seniors will have lost their nearest and most accessible department store.

Additionally, the underpass at 5l-st & Harvard, the QuikTrip the Starbucks and the BestWestern have already

experienced many issues with pandering, loitering, drug activity and theft. Some of that activity has spilled

over into the southern portions of my neighborhood, Villa Grove. We have also had many vagrancy and theftissues relating to the vacant/empty buildings along the access road along l-44. Adding yet another business

that can be a gathering point for allof these elements is not the highest and best use of theproperty. Considering the many available buildings surrounding the downtown area, it would seem theplasma center would be more suited to a location in that area near the main bus terminal and the agencies

serving our homeless population.

Again, I wish we did not have to consider these issues in our community, but unfortunately they are a

reality. Thank you for allowing me to share these concerns and for your thoughtful consideration in your

decisions.

Shanna Marlow-Wallis44245. Gary Ave.

Tulsa, OK 74L059L8-629-9727

1 \ 5. e{e

Sparger, Janet

From:Sent:¡o:Cc:

Subiect:

Sarah Dyer <sarah.dyer217 [email protected]>Tuesday, June 2, 2020 B:30 PM

Chapman, AustinesubmitRe: Case # BOA-22919

Thank you for your response. lf I am understanding your response correctly a plasma center, which is what is proposed

to fill that space, can't be within 300' feet of a liquor store. That location is directly across the street from a liquor storeso wouldn't that be grounds for an objection?

On Tue, Jun 2,2O2O at L2:4L PM Chapman, Austin <[email protected]> wrote

Good afternoon,

This application is for a single plasma center that is verifying that it is not within 300' of the other uses listed. The Board

doesn't have the ability to deny the application because it is objectionable, they can only deny this application if thereis a Plasma Center, Bail Bonds Office, Pawn Shop, Package Store (Liquor Store) or Day Labor Center within 300' of theproposed Plasma Center. The subject tract is zoned Commercial-shopping (CS) and that use is allowed by right, you may

view the application at the link below:

www.tu lsa pla nnine.orelcitvboa/cases/BoA-229 19. pdf

Austin Chapman

Planner, City of Tulsa Board of Adjustment

TULSÅ. Tulsa Planning OfficePL¡T{HINç OFFITE

2 W. 2nd St.. 8th Floor I Tulsa, OK 74103

9L8.579.947L

[email protected]

Determining compliance to zoning or building code requirements is not a function of th¡s office.

The Building Permits Division will address compliance upon application for a building permit or occupancy

{(s18) se6-e4s6}

1 \5.âtt

From: Sarah Dyer <[email protected]>Sent: Tuesday, June 2,2O2O L2:39 PM

To: esubmit <[email protected]>Subject: Case # BOA-22919

It was recently brough to my attention that there was a plan to develop the area where the old Hobby Lobby was at

51st and Harvard into a center to include Plasma donation, pawn shop, bail bond and day labor hiring center. While I

understand that these are important facilities, I do not believe that this is the appropraite area for them. The proximity

to my 8 year old son's school makes me incredibly upset and I would very much like to express my concern with this

plan. There are many other areas of town where these services might be better received and actually have an impact

on the people who need to use them. Bringing these types of services so near to a school seems like a very

irresponsible use of the property and jepordizes the the safety of the children in the area. I would like to urge you to

reconsider what you are planning to use this property for and consider the families who live in the area and the families

of children who attend school in the area.

Thank you for your time and considerat¡on

Sarah Dyer - Parent of an Eisenhower student

3838S91stEAve

Tulsa. OK 74145

2 \5. a8

Feet0 150 300

Note: Gnph¡c overlays may not preciselyal¡gn w¡th physical features on the groundBOA-22919Aer¡al Pholo Date: February 2018

15,Aq

1000'Radius

E14STS

l¡r

ql¡Jqut 5529 E lsth St

Feet1500 300 BOA-22923 \b.l

BOARD OF ADJUSTMENTCASE REPORT

STR: 9310

CZM: 38

GD: 5HEARING DATE: 0610912020 1:00 PM

Case Number: BOA-22923

APPLICANT: Corey Avington

ACTION REQUESTED: Verification of the 1,000' spacing requirement for a medical marijuanadispensary from another medical marijuana dispensary (Section 40.225-D)

LOCATION: 5529 E 15 ST S

PRESENT USE: Commercial

ZONED: lM

TRACT SIZE: 20381.81 SQ FT

LEGAL DESCRIPTION: BEG 40N & 128.19W SECR SE NW TH W207.39 NE47.69 NE81.05NE30.60 NE57.09 NE51 .18 NE13.47 S TO POB SEC 10 1 I 1 3 0.468 AC,

RELEVANT US ACTIONS : Subject property: None

Su rrou ndi ng properties :

BOA-22933: This request is currently pending as of the writing of the staff report, though it will appearon the agenda after the subject case being heard. The applicant in this case is requesting aVerification of the 1,000' spacing requirement for a medical marijuana dispensary from anothermedical marijuana dispensary or in the alternative a Variance of 1,000' spacing requirement for amedical marijuana dispensary from another medical marijuana dispensary. Property located 5508 E.15th Street. This property is approximately 570' away from the subject property.

\ (r.åREVTSED 5/24/2O2O

STAFF COMMENTS:The applicant is requesting a Verification of the 1,000 spacing requirements for a medical marijuanadispensary from another medical marijuana dispensary (Section 40.225-D)

I

-The applicant provided the nearest dispensary as Red Eye 420, located 1525 S. Sheridan Road,which is 3,046.81' away.

SAMPLE MOTION:

I move that based upon the facts in this matter as they presently exist, we (accepUreject) theapplicant's verification of spacing to permit a medical marijuana dispensary subject to the action ofthe Board being void should another medical marijuana dispensary be established prior to theestablishment of this medical marijuana dispensary.

I tr.9RWTSED 5/28/2020

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Focíng West on 75th Street

Subject Property

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Føcíng Eost on 75th Street

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CHUCK LANGEZONING OFFICIALPLANS EXAMINER

TEL (918)596-9688

clange@cityoft ulsa.org

LOD Number: I

Corey Avington5529 E 15 STTulsa, OK74112APPLICATION NO:

Location:Description

DEVELOPMENT SERVICESI75 EAST 2"d STREET, SUITE 450TULSA, OKLAHOMA 74103

ZONING CLEARANCE PLAN REVIEW

April27,2020

Phone: 405.537.2754

coo-058971-2020(?LEASE REFERENCE THIS NUMBERWHEN CONTACTTNG OUR OFFrcq5529 E 15 STMedical Marijuana Dispensary

INFORMATION ABOUT SUBM¡TTING REV¡SIONS

OUR REVIEW HAS IDENTIFIED THE FOLLOWING CODE OMISSIONS OR DEFICIENCIES IN THEPROJECT APPLICATION FORMS, DRAWNGS, AND/OR SPECIFICATIONS. THE DOCUMENTS SHALLBE 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 RESOLVED3. THE COMPLETED REVISED/ADDITIONAL PLANS FORM4. BOARD OF ADJUSTMENT APPROVAL DOCUMENTS, IF RELEVANT

REVISIONS SHALL BE SUBMITTED DIRECTLY TO THE CITY OF TULSA PERMIT CENTER LOCATED AT175 EAST 2nd STREET, SUTTE 450, TULSA, OKLAHOMA 74103, PHONE (918) 596-9601.THE CITY OF TULSA WILL ASSESS A RESUBMITTAL FEE. DO NOT SUBMIT REVISIONS TO THEPLANS EXAMINERS.

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

IMPORTANT INFORMATION

1. IF A DESIGN PROFESSIONAL IS INVOLVED, H¡S/HER LETTERS, SKETCHES, DRAWINGS, ETC. SHALL BEAR HIS/HEROKLAHOMA SEAL WTH SIGNATURE AND DATE.

2. PURSUANT TO FEDERAL, STATE, AND LOCAL DECLAR.ATIONS OF EMERGENCY ARISING FROM THE GOVID.I 9 THREATAND AS DIRECTED BY THE ADMINISTRATION, OUR OFFICE IS CLOSED TO THE PUBLIC UNTIL FURTHER NOTICE.pApER SUBMTTTALS (TNCLUDTNG REV|S|ONS AND ADDENDUM) FOR ANY PROJECT rS NOT ACCEPTED AT THIS TIME. lFSUBMITTING REVISIONS FOR APPLICATIONS THAT PREVIOUSLY UTILIZED PAPER PLANS, EMAIL THE REVISED PLANSTo@oRsUBMlTELEcTRoNlcPLANREVlsloNsoNTHEPoRTALATHTTPS://TULSAOK.TYLERTECH.GOM/ENERGOV4934/SELFSERVICE . YOU WLL NEED TO REGISTER ON THE PORTALIF YOU HAVE NOT PREVIOUSLY DONE SO.

3, INFORMATION ABOUT ZONING CODE, INDIAN NATION COUNCIL OF GOVERNMENT (INCOG), BOARD OFADJUSTMENT (BOA), AND TULSA METROPOLITAN AREA PLANNING COMMISSION (TMAPC) IS AVAILABLE ONLINEAT WUA4.!@re OR AT |NCOG OFFTCES AT2W.2d ST.,8ü,FLOOR, TULSA, OK, 74103, PHONE (918) 584-7526.

4, A COPY OF A "RECORD SEARCH" f X IIS f IIS NOT INCLUDED WITH TH¡S LETTER. PLEASE PRESENT THE "RECORDSEARCH" ALONG wlTH 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 THEAPPROVAL DOCUMENTS TO YOU FOR IMMEDIATE SUBMITTAL TO OUR OFFICE. (See revisions subm¡ttal procedureabove.).

(continued)

\u.b

REVIEW COMMENTS

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

coo-058971-2020 5529 E l5 ST April27,2020

Note: As provided for in Section 70.130 you may request the Board of Adjustment (BOA) to grant avariance from the terms of the Zoning Code requirements identified in the letter of deficiency below.Please direct all questions concerning separation distance acceptance and all questions regardingBOA application forms and fees to the INCOG BOA Planner at 9!$!9!@9. lt is your responsibility tosubmit to our office documentation of any decisions by the BOA affecting the status of yourapplication so we may continue to process your application. INCOG does not act as your legal orresponsible agent in submitting documents to the City of Tulsa on your behalf. Staff reviewcomments may sometimes identify compliance methods as provided in the Tulsa Zoning Code. Thepermit applicant is responsible for exploring all or any options available to address thenoncompliance and submit the selected compliance option for review. Staff review makes neitherrepresentation nor recommendation as to any optimal method of code solution for the project.

1. Sec.40.225-D: A medical marijuana dispensary may not be located within 1"000 feet ofanother medical marijuana dispensary.

2.5ec.4O.225-H: The separation distance required under 5ec.40.225-D must be measured in astraight line between the nearest perimeter walls of the buildings (or portion of thebuilding, in the case of a multiple-tenant building) occupied by the dispensary.Review comment: Submit a copy of the BOA accepted separation distance of 1000' fromother dispensaries. Please direct all questions concerning separation distance acceptanceand all questions regarding BOA application forms and fees to Austin Chapman [email protected].

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

htto://www.tmapc.orq/Docu ments/TulsaZoninqCode. pdf

Please notifo the reviewer via email when vour revisions have been submitted

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

A hard copy of this letter is avallable upon reguest by the applicant.

END - ZONING CODE REVIEW

NOTE: THIS CONSTITUTES A PLAN REVIEW TO DATE lN RESPONSE TO THE SUBMITTED INFORMATION ASSOCIATED WTHTHE ABOVE REFERENCED APPLICATION. ADDITIONAL ¡SSUES MAY DEVELOP WHEN THE REVIEW CONTINUES UPONRECEIPT OF ADDITIONAL INFORMATION REQUESTED IN THIS LETTER OR UPON ADDITIONAL SUBMITTAL FROM THEAPPLICANT.

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

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7839 EAdmiral Pl

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BOARD OF ADJUSTMENTCASE REPORT

STR: 9302

CZM: 38

CD: 3

HEARING DATE: 0610912020 1:00 PM

Case Number: BOA-22925

APPLICANT: Brent Barnes

ACTION REQUESTED: Verification of the 1,000 spacing requirement for a medical marijuanadispensary from another medical marijuana dispensary (Section 40.225-D)

LOCATION: 7839 E ADMIRAL PL N ZONED: CH

PRESENT USE: Commercial TRACT SIZE: 22742.77 SQ FT

LEGAL DESCRIPTION: LT 5 LESS S30 & LESS BEG NWC LT 5 TH 5408 E1Y126.68 N419 W126POB FOR STS, BLOOMFIELD HGTS

ANALYSIS OF SU ROUNDING AREA: The subject tract is located West of the NWc of N

Memorial Ave. and E. Admiral Pl

STAFF COMMENTS:

The applicant is requesting a Verification of the 1,000' spacing requirements for a medical marijuanadispensary from another medical marijuana dispensary (Section 40.225-D)

4CI.225-0 A rnedical fiÌarijuãnã dispensary nqr not be located within '["{10(} feet üfanottrer redical marijuana dispensary,

*CI.æs-t The separ"ation distanse required urder Sectisn 4$J25.t rnust be n¡essured iB a

straight line het¡,ueen the n€arest perirnËt€r vtralls øf ttte buildings {or prtion af thebuilding in the case sf a rnultiple-tenant buildingloccupied b,f thÊ dis'pensaries,lhe separation requir*d under ffiion 4û.?23Dshãll not be applied to limittt¡elccatisn, sf a rnedical mariluana dbpensary lsr which a licens'e{uss issr¡ed bçtheOklahonua State üepartnrent $f +leãlth priar tc Becernber 1" 2û18 for the particularlacation{

The applicant provided the nearest dispensary as House of Bud, located 6914 E. Admiral Pl., whichis 3,192.72'away.

Staff is aware that there has been a building permit issued at7498 E Admiral P. S. for a dispensarythat is approximately 750' away from the subject dispensary. Per City of Tulsa permitting thisdispensary received their license prior to December 1st, 2018 and is not subject to the 1 ,000' spacingrequirement. A copy of that license is included in your packet. At the time of the report the dispensarywas not yet operating and had not received their final Certificate of Occupancy.

\r1. ÀREVTSED 5/28/2O2O

I0OII Rsdir¡s

78f18 Er4dd¡¡t Fl

E- Admirat Fl

SAMPLE MOTION:

I move that based upon the facts in this matter as they presently exist, we (accepUreiect) theapplicant's verification of spac¡ng to permit a medical marijuana dispensary subject to the action ofthe Board being void should another medical mar¡juana dispensary be established prior to theestablishment of this medical marijuana dispensary.

\r1 .5REVTSED 5/28/2020

Focing West on Admirøl Pl.

Føcing Eost on Admiral Pl.

\ 1,q

Subject Property

\1,5

DANA L. BOXZONING

PLANS EXAMINER II

TEL (918)596-9657

danabox@cityoftulsa. org

DEVELOPMENT SERVICEST75 EAST 2"d STREET, SUITE 450

TULSA, OKLAHOMA 741A3

ZONING CLEARANCE PLAN REVIEW

May 4, 2020

Phone: 918-492-2993LOD Number: IBrent Barnes7030 S. Yale Ave., Suite 104Tulsa, OK 74136

APPLICATION NO:

Location:Description:

zco-059889-2020(PIEASE REFERFNCË TH|S NUMBERWHEN CONTACTING OUR OFFTCE)7839 E. AdmiralPl.Medical Marfuana Dispensary

INFORMATION ABOUT SUBMITTING REVISIONS

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

REVISIONS NEED TO INCLUDE THE FOLLOWING:

.I. A COPY OF THIS DEFICIENCY LETTER2. A WRITTEN RESPONSE AS TO HOW EACH REVIEW COMMENT HAS BEEN RESOLVED3, THE COMPLETED REVISED/ADDIÏIONAL PTANS FORM4. BOARD OF ADJUSTMENT APPROVAL DOCUMENTS, IF RELEVANT

--REVISIONS SHALL BE SUBMITÏED DIRECTLY TO THE CITY OF TULSA PERMIT CENTER LOCATEDAT 175 EAST 2'*d STREET, SUTTE 450, TULSA, OKLAHOMA 74103, PHONE (918) 596-9601.THE CITY OF TULSA WILL ASSESS A RESUBMITTAL FEE. DO NOT SUBMIT REVISIONS ÏO THEPLANS EXAMINERS.** (SEE #2, BELOW)

SUBMITTALS FÐ(ED / EMAILED TO PLAN9 EXAMINERS WLL NOT BE ACCEPTED.

IMPORTANT INFORMATION

I. IF A DESIGN PROFESSIONAL IS INVOLVED, HIS/HER LETTERS, SKETCHES, DRAWINGS, ETC. SHALL BEAR HIS/HEROKLAHOMA SEALWITH SIGNATURE AND DATE.

2, **PURSUANT TO FEDËRAL, STATE, AND LOCAL DECLARATIONS OF EMERGENCY ARISING FROM THE COVID.I9THREAT ANB AS DIRECTED BY THE ADMINISTRATION, OUR OFFICE IS CLOSËD TO THE PUBLIC UNTIL FURTHËRNOTICE. PAPER SUBMITTALS (INCLUDING REVISIONS AND ADDENDUM) FOR ANY PROJECT IS NOT ACCEPTED ATTHIS TIME. IF SUBMITTING REVISIONS FOR APPLICATIONS THAT PREVIOUSLY UTILIZED PAPER PLANS, EMAIL THEREVISËD PLANS TO COTDEVSVCS@CIWOFTULSÀ,ORG OR SUBMIT ELECTRONIC PLAN REVISIONS ON THE PORTALAT HTTPS://TULSAOK.TYLERTECH.CoMIENERGOV4934iSËLFSERVICE. YOU WILL NEED TO RÊGISTER oN THEPORTAL IF YOU HAVË NOT PREVIOUSLY DONE SO.'*

3. TNFORMATTON ABOUT THE ZONTNG COÐE, BOARD OF ADJUSTÍUENT (BOA), PLANNTNG COMMTSSTON (TMAPC), ANDTHE TULSA PLANNING OFFICE AT INCOG CAN BE FOUND ONLINE AT WWW.TULSAPLANN¡NG.ORG: lN PERSON AT 2W. 2ND ST., 8TH FLOOR, lN TULSA; OR BY CALLING 918€8¡t'7526 AND ASKING TO SPEAK TO SOMEONE ABOUT THISLETTER OF DEFICIENCY.

4. A COPY OF A "RECORD SEARCH" I X IIS T IIS NOT INCLUDED wlTH THIS LETTËR. PLEASE PRESENT THE "RECORDSEARCH" ALONG WTH THIS LETTER TO INCOG STAFF AT nME OF APPLYING FOR BOARD OF ADJUSTIì,IENTACTION A1 INCOG. UPON APPROVAL BY THE BOARD OF ADJUSTMENT, INCOG STAFF WILL PROVIDE THEAPPROVAL ÐOCUMENTS TO YOU FOR IMMEDIATE SUBIJIITTAL TO OUR OFFlcE. (See revlslons submlttal procedurêabove.).

(continued)

trT.u

REVIEW COMMENTS

SECTIONS REFERENCED BELOWARE FROM THE CITY OF TULSA ZONING CODE TITLE 42 AND CAN BE VIEWED ATrvw"lv.tulsaplanninq.orc/nl¡ns/TulsaZoningCode.ndf

zco-059889-2020 7839 E. Admiral Pl. Mav 4. 2020

Note: As provided for in Section 70.130 you may rcguest the Board of Adjustment (BOA) to grant avariance from füe terms of the Zoning Code requirements identiñed in the letter of deficiency below.Please direct all questions concerning separat¡on d¡stance acceptance and all questions regardingBOA application forms and fees to the BOA Planner at the Tulsa Planning Offtce at 9LQ!!$!5318 oresubmit(@incoq.oro. lt is your responsibllity to submit to our office documentation of any decisionsby the BOA 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 Tulsaon your behalf. Staff review comments may sometimes identify compliance methods as provided inthe Tulsa Zoning Code. The permit applicant is responsible for exptoring all or any options availableto address tùe noncompliance and submit the selected compliance option for review. Staff reviewmakes neither representation nor recommendation as to any optimal method of code solution for theproject.

1. Sec. 4O.225-D: A medical marijuana dispensary may not be located within 1000 feet ofanother medical marijuana dispensary.

2. Sec. 40.225-H: The separation distance required under 5ec.4A.225-D must be measured in a

straight line between the neqrest pe¡imeter walls of the buildings (or po¡tion of thebuilding, in the case of a multiple-tenant building) occupied by the dispensary,Review comment: Submit a copy of the BOA accepted separation distance of 1000' fromother dispensaries. Please direct all questions concerning separation d¡stance acceptanceand all questions regarding BOA application forms and fees to the BOA Planner at the Tulsa

Planning Office at 9t 8-584-7526 orÆgþEi!@i¡ggg.€I9..

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

$rvw.tulsanlanning.org/plans/TulsaZ,oningCode.pdf

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

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

l't. (

END - ZONING CODE REVIEW

NOTE: THIS CONSTTUTES A PLAN REVIEW TO DAïE lN RESPONSE TO THE SUBMITÌED INFORMATION ASSOCIATED WITHTHE ABOVE REFERENCED APPLICATION. AÞDITIONAL ¡SSUES MAY DEVELOP WHEN THE REVIEW CONTNUES UPONRECEIPT OFADDITIONAL INFORMATION REQUESTED IN THIS LETTER OR UPON ADDITIONAL SUBMITTAL FROM THEAPPLICANÏ.

KEEP OUR OFFICE ADVISED OF AÌ{Y ACÏON BY THE CITY OF TULSA BOARD OF ADJUSTMENT OR TULSA METROPOLITANAREA PLANNING COMMISSION AFFECTING THE STATUS OF YOUR APPLICATION FOR A ZONING CLEARANCE PERMIT.

2

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Wt,6*úifrryfuCOMMERCIAL DISPENSARY LICENSE

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HERBAL JUNCTION MARKET LLC

7498 E. Admiral Pl, lulsa, OK, 74115

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https://www.google.com/map sl @36.1 59932,-95.8953626,683m/data= | 3..

lmagery @2020 Maxar Technolog¡es, USDA Farm Service Agency, Map dara @2020 200 ft

Measure distance

= Total distance:3,192.72 ft (973.1a m)

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EllerÐerrichl'hilip J. ElkrKevin ll. WylieR. Louis ReynoklsShanann Pinkham P.rssleyDnnicl C. Cup¡:sAndrerv A, Shankl-leidi L. SltrdidMac D, FinlrysonSteven P. Flon'ersSloane Ryan LileNathalie M. CornettNatalie J. Ìúara

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Don¡ld L. DetrichKatherinr. S¡unclers. PLC

Jerry lvl. Snider

John I{. Lieber

Joshua M. TietsortKenntth Ë. Crump lr.

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June 2.2020

VA EMÁILCity of Tulsa Board of Adjustmentc/o'l'ulsa Planning OfTìce

Attn: Austin Chapman

uçl atuult' i Ì i lt t qJ!r:q,

Re: BOA-2?925 and 80A-22926

Dear Members of'the Board:

Hcrbal Junction Õwns a dispensary located at7498 E. Admiral Place,.iust south to the east andwest of the proposed dispcnsary locations at 7839 and 7435 E. Adnriral Place (BOA-2?925 ând BOA-22926, respectively). Hcrbal Junction hns approved building plans f'rorn thc City of -l.ulsa and islÌnishing its renovations to obtain its Ccrtificate of'Occupancy. Renovations are expected to be

completcd within a lveek's time with thc dispensary slated to open on or around June I l, ?020. Acopy of the approved building permit is cncloscd hcrein.

llerbalJr¡nction's state dispensary license was issued prior to Decembcr l. 2018 and thus clidnof rsqu¡re approval a spacing verification pursuaÌrt 1o Section 4t.225-l ot'the Tulsa Zoning Ctide.l'lerbal Junction received its Certificatc of Compliancc to renew its state liccnse from thc City of'Tulsaon October I 8, 2019. A copy of the Certilicate of Compliance is also enclosed.

The proposed dispensaries are located within 1000 fcet of l-lerbal Junction. "fhcrefore, we

respectfully request the Board deny both npplications to verify spacing for the proposcd dispcnsariesat 7839 and 7435 E. Admiral Place.

Sincerely.

ELLËR & DBTRICH

Nathalie M. Comett

EÐwww. EllerÞetrich.com

27ZT EastlTst Street, Suite 200. Tulsa Oklahom¿ 74I14"3533

Tcleythonr(9r8) 747"89(!0

Toll Frcr(86ó) 547-8900

frlcsir¡i/c(el8) 747.2ó65

lr(, l0

Permit Number

BLDC-0471 10-2019

Date lssued2t12t2024

Building Offlcial

-,/æ \ù-

Construction Address: 7498 E ADM¡RAL PL N - romruv-LEE ADDN

Work Glass: Alteration Contractor:Address:

EROSION CONTROLWhere construction disturbs the earth, a Placement of Erosion Control lnspection (PEC) must be requested by the responsible

party and approved by the Building lnspector BEFORE further work.

This permit is subject to compliance with all applicable codes and City ordinances and can be cancelled for fa

with any applicabl'e construction standard or for failure to comply with any applicable WIN construction Sched

of Understanding.

ilure to complyule or WIN Letter

Building lSupit

Building Code: IBC 2015, lEBc 2015

Building Area: 3,240 Fire Wall:

Permit Area: 2,566 FRTW: Yes

Alarm: No

Sprinkler Standard:

Fully Sprinklered: No

COO Required: Yes

Partially Sprinklered: No

Speciallnspections: No

Use Group Sq Ft Const. Type

M Mercantile

Permit NotesAlteration for Herbal Junction Dispensary

2,566-----2,566

ilB

Zoning CLange

Zoning District: CH

Required Parking:

PUD Number:

MPD Number:

Screening Fence Required: No

Allowable Building Height (ft):

Use/Permit Notes:

Use: Commercial/Retail Sales/Medical Marijuana Dispensary

required off-street parking

Required Setbacks:

Front: Rear:

Left: Right:

Permit Notes:

l/R only with change in use. No approval is granted for any construction or use violating any provision of Title 42. No other structures are

included in this permit. No change in footprint or increase in cubic content of structure for which approval is granted. No increase in

WIS/D RJordan

Cert of Elevation Req'd: No

Floodplain: No

IDP #:

with Tulsa Revised Ordinances including Ïitle 51 and Title 11

Easements

NPL (ft): 10.0

SPL (ft): 25.0

EPL (ft):

wPL (ft)

10.0

Permit Notes

Approval of proposed alteration/interior build-out for commercial building at the address stated herein. No increase to impervious surface

area or alteration to stormwater drainage system. Approval does not include permission for construction or encroachment of any kind upon

City of Tulsa owned property, Rights-oi-Wáy (ROW) or utility easements whether actual or planned. The development shall not create a

puÉlic hazard ,pon any pro[ertyïithin tne ô¡iy or in immediately adjacent areas through the obstruction, impairment, sedimentation,

blockage or alteration ôf tne stormwater draináge system. Signage and ROW requires separate permits. All construction must be compliant

CITY OF TULSA Building Permit - COMMERGIAL

11. t t

t

County Cornmisrioners Chairperson.

EXAMPLE

lnstructions: This form is to bo completed and submitted with the application or ronswãl of your OMMA business license'

your applicotion o, r."n.*rl *ilf noi È" processed if the Certificate oi Öompliance is not completed and gubmitted,

please visit HERE ând type in the business address to determine whether the appropríate political ¡ubdivision to fill out and sign

ir,ã f*rl, tr," .ity o, t't,! ,ãu^ti i^ *rli.ü l.te business is located. After entering thbaddress, the link provided will supply the

inlormation rellected ¡n ttte Èx/ívlpLË below. lf the name of the city appeðrs in Ihe blank under the cåption "city Name", then the

"itvì¿""ti¡.J ¡n tlre ulantìs the appropriate pol¡tical subdivision to còmplete and sign the form, lf the city name does not appoar'

but instead ,UNlNCORpORATEDl"apiears iÅ the blank under the caption "City Nome", thon the co.unty,is th9 aeqJoRliate , .political subdivision to sign and compiete the form, and you should contact an aPProPr¡ate county otficíal. such as the Board ol

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c¡ty, plêâse coñtact Your c¡ty

olfici¿l(r).

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CENTIFICATE OF COIJIPLIANCE

FOR Ol|JlMA B[J$II\IE$SES

Mldnort C¡ty

ch, llÀñê

UnincotporotcdT@Cçeôly N¡me Cit¡llaor

APPI|CANÏ INFORMAÏTON - ;:r ¡:-r'iÍ ir;]i¡ri íl;: Ì\Pi;ti-'ìirrì'

DAAA-NKGI-3CRNlchoo¡c ono) NEW APPLICAI|ON r RENEWAL APPIICATION Licensc ll (íf applyínglor ênewat)

Herbal Junction Market LLCBusiness Name

ucanse rype f cnowen Ü pnocesson [!] olsp¡rusmv

7498 E. Admiral Pl.

f-l rnn¡rsponren

Tulsa oK 74115Current Physical Street Addresc of Business

10928 S 93rd E. Pl.City

TulsaState Zip

oK 74133Mailing Address of Busine¡s (íl diflerent from above)

Tulsa randygCity St¿tc Zip

gmail.com (e18) 851-8508County in which Business i¡ Located Email Add¡ess of Business Phone Number of Business

Randy Hendrix

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lChoo¡a one)

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Þate Completcd

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COMPLIANCE CEHTIF ICATIONSBasecl upon information providecl by applicant(s) to the political subclivision at this time.

1

Ives ["o (Vrn aool itical subclivision ñCE"âËgAhOd codes f ortLJ *¡¡i¡ to cortify compliance at th'¡rs'time.

. DATE:ocï 3 I 2019

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The proposetl usos satlsfy the polltlcal subdlvlslon's appllcable zonlng classiflcations and ordlnances'

safety codos of the polltlcal subdlvlslon are satlsflod'All appllcable2

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DATË:

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DATE:

DAÎE:

DATE:

/-rr7 JÇe /ez-Pdnt¿d Name of Öffici¡l

flves !"o ffi.n+'certify complianco atcal subdivision has no

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Signature of Offlciol

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Any other applicoble lìro sodo¡ of the polltlcal subdlvlslon havo beon satlsfied'

All eloctrical, plumblng, wa¡te (lncludlng onvlronmsntal waste) codes roqulrod by the polltlcal subdivlslon have been satisfled.

Allappllcable bulldlng or'èonstrustlon codes of the polltlcal subdlvlslon have been satlsfìed'

ordinancos/requlroments of the politlcal subdlvlslon that are appllcable at thl¡ tlme have been

the cant.6

7

Ives [*o ø-Ïru",'l'.z*ii::xr::,#:{íñ,?,'l:ål'" codes for DATE:

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[.l VeS The political subdivision provided ! *O The political,subdivision did nott-J '-- ';¡Jitidul;rtãchments. proriido additionol attachments.

OMMA.ok gov

And see, as appticable, the addltlonal lnformatlon provlded by the politlcal subdlvlslon attached here:

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FÌre Marshal's OfficeTulsa Fire Department1760 Newblock Park DriveTulsa, Oklahoma 74127Phone: 018-õ96€422Fax: 918.õ96-9383

¡NSPECTION NOTICE

Herbal Junotlon Market LLC7498 E ADMIRAL PLïufsa, OK 74103

The violations listed below were noted du ring an inspsCtion on: Oetober 29, 2AL9

INSPECTION NOTES:On this date inspected for Code Compliance for OMMA License Renewal

Dispensary- Herbal Junction LLC. Dispensary -DAAA-NKGI-3CRN - Owner- RandyHondrix-(918)851-8508

The building is currently swept clean.They currently do not have COO for a dispensaryThe owner etates he consulting with an architect and will be submitting plans forChange ofUse.

No work has been done on the current Building Permit- 034340-2019' Building Permits Expfre6 months from last action,

Upon 2020 OMMA Renewal- Certificate ol Compliance lnspection- lf this Busíness has notreceived Certificate of Occupancy as a Dispensary CoC wíll be marked Non- Compliant

VIOLATIONS:F 102.3 Change of uee oroccupanôy

IAJ Changes shall not be made in the use or occupancy of any structure that would place the structure in a differentdivision of the sarne group or occupancy or in a different group of occupancies, unless such structure ls made to complywith the requirements oî this code and the lnternational Building Code. Subject to the approval of the fire code official, lheuse or occupâncy of an existing structure shall be allowed to be changed and the structure is allowed to be occupied forpurposes in other groups without conformlng to all of the requirements of this code and the lnternational Building Code forthose groups, provided lhe new or proposed use is less hazardous, based on life and fire risk, than the existing use.

"lol30t2a19 Page 1 l"{. t q

Flre Marshal's OfficeTulsa Flre Department'1760 Newblock Park DriveTulsa, Oklahoma 74127Phone: 918.596.9422Fax: 918-596-9383

INSPECTION NOTICE

Athis n

Sefbel (Stoops),ïnepector

to determine compliance withbe cond or after:

ienne P roperty RePresentative

Right To Appeal Any person aggrieved by a decision of the code official may appeal the decision lo the Buflding,,

Hóu-sing anå -iliË-Èiàventióñ

nppeats-Éoard. The inltiation of euch an appeaf shallbe in writíng and shall be filEd with the

Board ño fater than twenty(2!) dâys after ths code officlal's decision was seryed. For lnformation on how to llle an appeal

please call 596-9422 and request an appeal process packet.

10t30t201s Page 2 \r(, I 5

1000'Radius

7839 E Admiral Pl

I Ì'I i-'û't

0Feet150

Note: Graphic overlays may not preciselyalign with physical Íeatures on the ground

Aerial Photo Date: February 2018

t Ft.

300 BOA-22925

ru

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1000'Radius

7435 EADMIRAL PLK A¡

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0Feet150 300 BOA-22926 \t. I

BOARD OF ADJUSTMENTCASE REPORT

STR: 9302

CZM: 38

CD: 3

HEARING DATE: 0610912020 1:00 PM

Case Number: B0.A-22926

APPLICANT: Brent Barnes

ACTION REQUESTED: Verification of the 1,000 spacing requirement for a medical marijuanadispensary from another medical marijuana dispensary (Section 40.225-D)

LOCATION:. 7435 E ADMIRAL PL N

PRESENT USE: Commercial

ZONED: CH

TRACT SIZE: 28780.21 SQ FT

LEGAL DESCRIPTION: PRT LT 13 BLOOMFIELD HGTS & A TRACT OF LAND BEG 30N & 30.5ESWC LT 13 BLOOMFIELD HGTS TH W126.5 N225.77 TO S RA¡ú EXPY TH NE ALG RAA/ 126.53 TOPT 30.5E WL LT 13 TH 5229.26 POB SEC 219 13 .5OAC, BLOOMFIELD HGTS

ANALYSIS OF SURROUNDING AREAAve. and E. Admiral Pl.

The subject tract is located East of the NE/c of N. 73'd E

STAFF COMMENTS: The applicant is requesting a Verification of the 1 ,000 spacing requirementsfor a medical marijuana dispensary from another medical marijuana dispensary (Section 40.225-D)

4û.?25-Ð A rnedical marijusn¡s dispenrary rna¡r nat be ls,cãted ut¡ithin n,üffOfeet c,fanother rnedÞcal rnarijuãna dispensary.

4{.r25-l The separatior¡ distarrce required under Secticn 4O"22SD mus[ bë rfieesured in astraight line hetneen the neãrest perirneter walls of the buildimgs {or por.tion uf thebuilding in the case of a rnultiple-tenõnt buildingl occupied hythe dispemsaries.The separation required under S.ection 4ü.2ZlD shall nct be applied tq limitttrclçcatisr* of a rnedical rnariluana dispensary for which a license was issrl€d bry theOklahoma State tsepartrneñt sf l-leälth pricr tc teternrher '1" 2ü'l8. fsr the partidarlocation{

The applicant provided the nearest dispensary as House of Bud, located 6914 E. Admiral Pl., whichis 1,885.91' away.

Staff is aware that there has been a building permit issued at7498 E Admiral P. S. for a dispensarythat is approximately 850' away from the subject dispensary. Per City of Tulsa permitting thisdispensary received their license prior to December 1st, 2018 and is not subject to the 1 ,000' spacingrequirement. A copy of that license is included in your packet. At the time of the report the dispensarywas not yet operating and had not received their final Certificate of Occupancy.

\8,åREVTSED 5/28/2020

lffiO Fdirs

?*IS EÀf'ffiALPL

E- Admirøl

SAMPLE MOTION:

I move that based upon the facts in this matter as they presently exist, we (accepUreject) theappl¡cant's verification of spac¡ng to permit a medical marijuana dispensary subject to the action ofthe Board being void should another medical marijuana dispensary be established prior to theestablishment of this medical marijuana d¡spensary.

\8,5R€VISED 5/28/2O2O

05fr8dggD88! ns:65

Subject Property

Facing West on Admiral

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Facíng East on Admiral

\8.5

DANA L. BOXZONING

PLANS EXAMINER II

TEL (918)596-e657

dan abox@cityoftu lsa.org

DEVELOPMENT SERVICESI75 EAST 2Ud STIIEET, SUITE 450

TULSA, OKLAHOMA 74103

ZONING CLEARANCE PLAN REVIEW

May 4,2020

Phone: 918-492-2993LOD Number: IBrent Barnes7030 S. Yale Ave., Sulte 104Tulsa, OK 74136

APPLICATION NO:

Location:Description:

zco-059992-2020(prEAsFREFFRFNCE rH'S NUMBERWHEN CONTACTING OUR OFF\ÇE)7435 E. AdmiralPl.Medical Marijuana Dispensary

INFORMATION ABOUT SUBMITTING REVISIONS

OUR REV¡EW HAS IDENTIFIED THE FOLLOWING CODE OMISSIONS OR DEFICIENCIES IN THEPROJECT APPLICATION FORMS, DRAWINGS, AND/OR SPECIFICATIONS. THE DOCUMENTS SHALLBE REVISED TO COMPLY WITH THE REFERENCED CODE SECTIONS.

REVISIONS NEED TO INCLUDE THE FOLLOWING:

1. A COPY OF THIS DEFICIENCY LETTER2. AWRITTEN RESPONSE AS TO HOW EACH REVIEW COMMENT HAS BEEN RESOLVED3. THE COMPLETED REVISEDiADDITIONAL PLANS FORM4. BOARD OFADJUSTMENÏAPPROVAL DOCUMENTS, IF RELEVANT

**REVISIONS SHALL BE SUBMIÏTED DIRECTLY TO THE CITY OF TULSA PERMIT CENTER LOCATEDAT 175 EAST 2nd STREET, SUITE 450, TULSA, OKLAHOMA 74103, PHONE (918) 596-9601.THE CITY OF TULSAWILL ASSESS A RESUBMITTAL FEE. DO NOT SUBMIT REVISIONS TO THEPLANS EXAMINERS.*. (SEE #2, BELOW)

SUBMITTALS FNGD / EMAILED TO PLANS EXAMINERS WLL NOT BE ACCEPTED.

IMPORTANT INFORMATION

L IF A DESTGN PROFESSTONAL tS |NVOLVED, HIS/HER LETTERS, SKETCHES, DRAW|NGS, ETC. SHALL BEAR H|S/HEROKLAHOMA SEAL wlTH SIGNATURE AND DATE,

2. *PURSTJANT TO FEDERAL, STATE, AND LOCAL DECLARATIONS OF EMËRGENCY ARISING FROM THE COV¡D.'I9THREAT AND AS DIRECTED BY THE ADMINISTRAT¡ON, OUR OFFICE 15 CLOSEÞ TO THE PUBLIC UNTIL FURTHERNOTlcE. PAPER SUBMITTALS (INCLUDTNG REVTSIONS AND AÞDENDUM) FOR ANY PROJECT tS NOT AccEpTED ATTHIS TIME, IF SUBMITTING REVISIONS FOR APPLICATIONS THAT PREVIOUSLY UTILIZED PAPER PLANS, EMAIL THERËVISÊD PLANS TO [email protected] OR SUBM]T ELECTRONIC PLÀN REVISIONS ON THE PORTALAT HTTPS:I/TULSAOK.IYLERTEGH.oOM/ENERGOV4934/SELFSERVICE. YOU WILL NEED TO REGISTER oN THEPORTAL IF YOU HAVE NOT PREVIOUSLY DONE SO, **

3. INFORMATION ABOUT THE ZONING CODE, BOARD OF ADJUSTMENT {BOAI, PLANNING COMMISSION (TMAPC}, ANDTHE TULSA PLANNING OFFICE AT INCOG cAN BE FOUND ONLINE AT WWW.TULSAPLANNING.ORG: lN PERSON AT 2w. 2ND ST., 8TH FLOOR, rN TULSA OR BY CALLING 918.584-7526 AND ASK¡NG TO SPEAK TO SOMEONE ABOUT TH|SLETTER OF DEFICIENCY.

4. A COPY OF A "RECORD SEARCH" I X IIS f IIS NOT INCLUDED WTH THIS LETTER. PLEASE PRESENT THE "RECORDSEARCH" ALONG vUlTH THIS LËTTER TO INCOG STAFF AT TIME OF APPLYING FOR BOARD OF ADJUSTMENTACÏON AT INCOG. UPON APPROVAL BY THE BOARD OF ADJUSTMENT, ¡NCOG STAFF WLL PROVIDE THEAPPROVAL DOCUMENTS TO YOU FOR IMMEDIATE SUBMITTAL TO OUR OFFICE. (See revlslons submlttel pþcedureabove.).

(continued)

[8.U

REVIEW COMMENTS

SECTIONS REFERENCED BELOWARE FROM THE CITY OF TULSA ZONING CODË TITLE 42 AND CAN BE VIEWED ATrvnrv.tulsaDlannin g.org/Dlans/f uls¡Zonin gCodc.ndf

zco-059992-2020 7435 E. AdmiralPl. May 4,2020

Note: As prov¡ded for in Section 70.130 you may request the Board of Adjustment (BOA) to grant avariance from the terms of the Zoning Gode requirements identified in the letter of deficiency below.Please direct all questions concerning separat¡on d¡stance acceptance and all questions regardingBOA application forms and fees to the BOA Planner at the Tulsa Planning Office at 918-584-7526 oresubmit(@incoE.orq. lt is your responsibilityr to submit to out office documentation of any decisionsby the BOA 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 Tulsaon your behalf. Staff review comments may sometimes identify compliance methods as provided inthe Tulsa Zoning Code. The permit applicant is responsible for exploring all or any options availableto address the noncompliance and submit the selected compliance option for review. Staff reviewmakes neither representation nor recommendation as to any optimal method of code solution for theproject

1. Sec. 40.225-D: A medical marijuana dispensary may not be located within 1000 feet ofanother medical marijuana dispensary.

2. Sec.40.225-H: The separation distance required under 5ec,40.225-D must be measured in a

straight line between the nearest perimeter walls of the buildings (or portion of thebuilding, in the case of a multiple-tenant building) occupied by the dispensary.Review comment: Submit a copy of the BOA accepted separation distance of 1000' fromother dispensaries. Please direct all questions concerning separat¡on d¡stance acceptanceand all questions regarding BOA application forms and fees to the BOA Planner at the TulsaPlan n in g Office at 91 8-584-7526 or-99 u b m !!@! n cog,gIg.

Note: All references are to the City of Tulsa Zoning Code. Link to Zon¡ng Code:

rvrvw. tulsaplannin g.ors/plans/Tulsa Z,oningCode.ndf

Please rmffi ttre ¡eriewer v& sr¡ait üdæsr uoür revÈil¡ns hæe ÞeEn sróndüsd

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

A hard copy of this letter ls available upon reguest by the applicant.

END - ZONING GODE REVIEW

NOTE: THIS CONSTITUTES A PLAN REVIEW TO DATE IN RESPONSE TO THE SUBMITTED INFORMATION ASSOCIATED WITHTHE ABOVE RËFERENCEDAPPI-ICATION. ADDITIONAL ISSUES MAY DEVELOP WHEN THE REVIEW CONTINUES UPONRECEIPT OF ADDITIONAL INFORMATION REOUESTEÞ IN THIS LETTER OR UPON ADDITIONAL SUBMITTAL FROM THEAPPLICANT.

KEEP OUR OFFICE ADVISED OF AI.IY ACTION BY THE CITY OF TULSA BOARD OF ADJUSTMENT OR TULSA METROPOLITANAREA PLANNING COMMISSION AFFECTING THE STATUS OF YOUR APPLICATION FOR A ZONING CLEARANCE PERMIT.

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Wt,gûrtiftrefuCOM MËRCIAL DISPENSARY LICENSE

HERSW 6RANTED R}

HERBAL JUNCTION MARKET LLC

7498 E. AdmiralPl, Tulsa, OK,74115

¡HE lJcENsE ts tssuEo B'Y TllÉ oKtAf,toMA sfAtÊ D€pAf,TMENr oF HEAtrH, oÍt¡HciìrA ItÆDlcAl MAflr¡iAxA Äfi}¡(tRrw 10 cÊfnFYTHE AaovE tlÀsFuLtru€D rHE RÊAuRÉlârrr¡Ts oF nTt¡ 63 Os. 5 42OA Ér gEcL ÀttD TllE orlÂ'þlt/i,À AnMftSIRATfvf COOE Af ITILE 31o O{ÄFTER 681. IHE iEExsE ls

SUS'ECTIOTHERFPRE G'{ÍÂÌO¡ISMADEOI{THEAPruCÂNOf{ÎIÉREfOR,AT'DMAY8ÊSIJSP€trÍEOOftRIU) TDFORC¡I'58ÁSPR(}VIOEDÐII.AWAilDRur. ucENstE sHÂll ossÉßrÆ Al¡E @Mpty wfrH Ar.t APPUCAST.E LAurs, oRDINA¡{tE5, frlrtÊs AND RËeulÂlþils oF lHË SrAlÊ oF üLÀl{oMÀ

09t23t2019

ÚCÊNSI NUMBER: roM ãA1ü5 r.fr. lntsþn Oomm¡9s¡oner

OHâhdria State D€partmeñt of HealthrlAÀA\+¡KGt-3CRN

DO NOT COPY

Do

Google Maps

Google Maps

https://www.google.comlmap sl @36.1 606334,-95.897 I 28,703mldata: ! 3...

lmagery @2020 Maxar Technologies, USDA Farm Service Agency, Map data @2020 200 ft

Measure distance* Total distance: 1,885.91 ft (574.82 m)

Ho,tæ "ç BrÅ

tg.qI of 1 5151202Ð,9:47 AM

EllerÐetrichl'hilip J. EllerKcvin I'i. WylieR. Louis RcyrroldsShanann Pinkham Passley

Danicl C. Cuplts¡\ndrerv A. ShankHeidi L, ShrdidMac D. FinlaysonSlevc¡r P. I;lorversSloanc Ryan Lilt'Nathalie M. CornettNatnlie J. lvlarra

A Proþssional Corporaliott

(f Crrlrlsd

Don¡ld L. DetrichK.'rlhurinr" Saunders, PLC

Jarry M. Snider

John l{. LiebcrJoshrra M. TietsortKc.nnr-.th Il. Crrrmp Jr.

ll'rítcr's Ii-Jluil\.(þlrq¡¡.i¡; iJkd-)c¿!.:rd¡.! tlr¡,

June 2,2020

VI.A EMAILCity of Tulsa lloard of'Adjustmentc/o Tulsa Planning OltrceAttn: Austin Chapman

udapu!I'NJ,¡¿*JLß

Re: BOA-22925 and 80A-22926

Dcar Members of the lJoard:

Herbal Junction owns a dispensary located at7498 E. Admiral Place,.iust south to the eâst andwcst of the proposed dispensary locations at 7839 and 7435 E. Adnriral Place (BOA-22925 ând BOA-22926, rcspect¡vely). Herbal Junction has approved building plans from the City of 'fulsa and is

finishing its renovations to obtâin its Ccnificate of Occupancy. Renovations âre cxpccted to be

completcd within a week's time with thc dispensary slatcd to open on or around June ll,2020. Acopy of the approved building permit is encloscd hcrein.

Flerbal Ju¡rction's state dispensary license rvas issued prior to Decembcr l. 2018 and thus didnot require approval a spacing verification pursuant to Section 40.225-l of the 'l'ulsa Zoning Code.l-lerbal Junction received its Certificate olCompliancc to renew its statc liccnse florn the City of'Tulsaon October I 8, 2019. A copy of the Certificate of Compliance is also cnclosed.

'flre proposed dispensaries are located within 1000 feet of Flerbal Junction. Therefore, rve

respectfully requcst the Board deny both appl¡cations to verily spacing for thc proposcd dispcnsariesat 7839 and 7435 E. Admiral Place.

Sincerely.

ELLER & DDTRICH

Nathalie M. Cornett

mwww. EllerDetrich.com

2727 Ê.ast 21sl Strcet, Suite 200, Tulsa OklahomaT4ll4-3533

Tehylønc(er8) 747-8900

Toll Frca

(866) 547-8eü)

f¿lcsil¡i/¿'(e)81747"2665

lg,\o

Permit NumberBLDC-047'! 10-2A19

Date lssued2t12t2020

Building Official'',/ t^,2* \ .)-

Construction Address= 7498 E ADMIRAL PL N - romuy-LEE AÐDN

Gontractor:Address:

Work Class: Alteration

EROSION CONTROLWhere construction disturbs the earth, a Placement of Erosion Control lnspection (PEC) must be requested by the responsibleparty and approved by the Building lnspector BEFORE further work.

This permit is subject to compliance with all applicable codes and City ordinances and can be cancelled for failure to comply

with any applicable construction standard or for failure to comply with any applicable WIN construction Schedule or WIN Letter

of Understanding.

Building lSupit

Building Code: IBC 2015, lEBc 2015

Building Area: 3,240 Fire Wall:

Permit Area: 2,566 FRTW:

Alarm: No

Sprinkler Standard:

Use GroupilB2,566M Mercantile

2,566

Yes

Sq Ft Const. Type

Partially Sprinklered: No

Special lnspections: No

Fully Sprinklered: No

COO Required: Yes

Permit NotesAlteration for Herbal Junction Dispensary

Zoning Clange

Zoning District: CH

Required Parking:

PUD Number:

MPD Number:

Screening Fence Required: No

Allowable Building Height (ft):

Use/Permit Notes:

Use: Commercial/Retail Sales/Medical Marijuana Dispensary

Permit Notes:

l/R only with change in use. No approval is granted for any construction or use violating any provision of Title 42. No other structures are

includéd in this peimit. No change in footprint or increase in cubic content of structure for which approval is granted. No increase inrequired off-street parking.

Required Setbacks:

Front: Rear:

Left: Right:

WS/D RJordan

Permit Notes

Approval of proposed alteration/interior build-out for commercial building at the address stated herein. No increase to impervious surface

aiea or alteration to stormwater drainage system. Approval does not include permission for construction or encroachment of any kind upon

City of Tulsa owned property, Rights-of-Way (ROt /) or utility easements whether actual or planned. The development shall not create a

public hazard upon any property within the City or in immediately adjacent areas through the obstruction, impairment, sedimentation,

blockage or alteration ôf the stormwater drainage system. Signage and ROW requires separate permits. All construction must be compliantwith Tulsa Revised Ordinances including Title 51 and Title 11.

Easements

NPL (ft): 10.0

SPL (ft): 25.0

EPL (ft): 10.0

WPL (ft): 0

Cert of Elevation Req'd: No

Floodplain: No

IDP #:

CITY OF TULSA Building Perm¡t - COMMERCIAL

\8.

Instructions: Thìs form is to be completed and submitted with the application or renewal of your OMMA business license.

your application or renewal will not be processed if the Certificate of Compliance is not completed and submitted.

please visit HERE and type in rhe business address to determine whether lhe appropriate political subdivision to fill out and sign

tf," f-À! *'" ciry or tír'e county in which the business is located. After entering the¿ddress, the link provided will supply the

inlormation rellecied ¡n the eXÃUpLË below. lf the name of the city appeðrs ¡n ihe blank under the cðPtion "City Name", then the

l¡t iA"nt¡nuJ in the blank is the appropriate political subdivision to complete and sign the form. lf the city name does not apPear,

bui ¡nstaad ,UNINCORPORATËD:''appears iÅ the btank under the caption "City Name", then the county.is the appropriate .

political subdivision to sign and comþiete the form, and you should cbntact an appropriate county official. such as the Eoard of

County Commissioners Chairperson.

I

ËXAMPLE

¡

!':.,¿ {È

ii i

I , tû,+'rl

--+ . lf "City Narne" shows a

city, ploaso contact Your citY

olficial(s).

**+ . lf 'uN,NcoRPoRArED,"cont¡tct your county as listcdunder "county name."

CENTIFICATE OF COltJlPLIAl.lCE

FOR OMMA BIJ$INE$$ES

Cht llÀ6è

rEG@

UnincorporotodPOTTAWATOMIE

Cit¡tl¡nrCçenty ¡¡¡ñe

APPLICAN| TNFORMATTON * lr ri.:..iÍ P;'ri¡ii c;¡ i\ ¡,; ;!¡,'ii:r'\

DAAA-NKGI.3CRNíChOOSO ONEI NEW APPUCATION O RËNEWAT APPIICATION License ll (¡l applying ¡ot íènewãt)

Herbal Junction Market LLCBusiness Name

uconso rype n cnowen I pnocesson Ë] o¡sprnsmv

7498 E. Admiral Pl.

I rR¡usponren

Tulsa oK 74115Current Physical Street Addres¡ of Business

10928 S 93rd E. Pl.City

TulsaState ãip

oK 74133Mailing Address of Business (il different fiom above)

Tulsa [email protected] State 7ip

(e18) 851-8508County in which Business is Located Email Address of Business

Name of Business orvne(s) Randy Hendrixseoelåted bv commas

Phone Numbor of Bvsiness

CITY/COUNTY QFFICIAt INFORMAT,ON ',, i '. .,.''.ìr:i,':,' , ''i r'r' 1 ,:' '." i''.r''r! .!r'

lChoose one) úrrn o cour*rw

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4t t-rq6Phona Numbor

I re SLrnl

ocï 3 I 2019

Email Address

, o/7

OMMA.ok.gov

. CILI ZL

e (

Date Completod

rì^

1

COMPLIANCE CERTIF ICATION$Basecl upon information providecl by ap¡:licant(s) to the political subclivlsion at this time'

flves ú,uo Ølii.:n",'l':åLiîitäËîl"ffffiffifiFd codes ror ocT 3 I 2019

DATE:

¡\,uJ^*l ee\ er') Printod Namo ol Ofliciol

,6," taft'vshn\¡ riilo

0cîffi.Slgnaturo of Oflìcial

The proposed usos satlsfY the Pol Itlcal ¡ubdlvlslon,s appllcable zonlng classif lcations ond ordlnances,

lcable safety codos of tho polltlcal subdlvlslon are satlsflsd'Allappl2

YES f-ì.,^ f t2lneoolitical subdivision has no aû$6rAtt€re|Seü'| il.lv L! *¡¡l¡ to certify compliance at thiiliíme.

-lé n'\un 'l's flþ'ç'o 1

P¡intod N¡mo of Officl¿l I fnto

DATE: CIcI 3 I 20te

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DATE:

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Slgnalure of Offlclol

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lf YES, Doscriptionof Requirem'ent:

A*J1-I-"e\.r û,c.1ñ.Slgnrture ol Olliclal

Any other appl icablo firo code¡ of the polltlcal subdivlslon havo beon satlsllod'

All eteqtrlcal, plumblng, waste (lncludlng envlronmontal wasto) codes requlred by the pollllcal subdivlslon have been satisfled.

Allappl lcable bultdlng or conetrustlon codes of the polltical subdlvlslon have boen satlsflod,

Any other ordinances/requlsatlsfied by the appllcant.

romonts of tho polltlcal subdlvlslon that are appllcable at thl¡ tlmo have been

And seo, as apptlcablo, tho addltlonal lnformatlon provided by the politlcal subdlvlsion attached hare:7

l-l VeS The potitical subd¡v¡sion provided [ *O The political,subdivision did notr-' '-- ;¡,fiñ;l rnãihments. proúide additionol attachments.

OMMA''okgovi I8.,1

Flre Marshaf's OfficeTulsa Fire Department1760 Newblock Park DriveTulsa, Oklahoma 74127Phone: 91 8-596.9422Fax: 918.596-9383

INSPECTION NOTICE

Herbal Junctlon Market LLC7498 E ADMIRAL PLTulsa, OK 74103

The violatione listed below were noted during an inspection on: 0ctober 29, 20Lg

INSPECTION NOTES:On this date inspocted for Code Compliance for OMMA License Renewal

Disponsary- HerbalJunction LLC. Dispensary -DAAA-NKGI-3ORN - Owner- RandyHondrix-(918)851-8508

The building is currently swept clean.They currently do not have COO for a dispensaryThe owner states he consulting with an architect and wifl be submitting plans for Change ofUse.

No work has been done on the current Building Permit'034340-2019- Building Permits Expfre6 months from last action,

Upon 2020 OMMA Renewal- Certificate of Complianoe lnspection- lf this Business has not

received Certificate of Occupancy as a Dispensary CoC will be marked Non- Gompliant

VIOLATION$:F 102.3 Change of use or occupancy

[AJ Changes shall not be made in the use or occupancy of any structure that would place the structure in a differentdivision of the sarne group or occupancy or in a different group of occupancies, unless such structure is mado to complywith the requirements of thls code and the lnternational Building Code. Subjectto fhe approval of the fire code official, theuse or occupancy of an existing structure shall be allowed to be changed and the structure is allowed to be occupied forpurposes in other groups without conforming to all of the requirements of this æde and the lnternational Building Code forthose groups, provided the new or proposed use is less hazardous, based on life and fire risk, than the existing use.

10t30t2a19 Page 1

\8.1q

Fire'Marshal's OfficeTulsa Fire Department1760 Newblock Park DriveTulsa, Oklahoma 74127Phone: 918.596-9422Fax: 918"596.9383

INSPECTION NOTICE

A rElns to determine compliance withthis be or after:

Seíbel (9Èoops),Inspector

enne Property RePresentative

Right To Appeal Any person aggrieved by a decision of the code officlal may appsal the'decision to the Building'

ilõilírig'"nd'ÉiË preveniióri nppealiÉoard. TLe initiat¡on of such an appeal shallbe in writíng and shall beJiled with the

Board ño later than twenty(2o) 'dãys

after the code offícial's decision was served. For lnformation on how to file an appeal

please call596-9422 and request an appeal process packet.

\t.1510130t201e Page 2

0

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18. \ t/

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1000'Radius

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2611 E 11th St

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Feet1500 300 BOA-22928 \q. \

BOARD OF ADJUSTMENTCASE REPORT

STR: 9305

CZM:37GD:4A.P#:

Case Number: BOA-22928

HEAR| NG DATE: 0610912020 1:00 PM

APPLICANT: Virgina Davis

ACTION REQUESTED: Verification of the 1,000 spacing requirement for a medical marijuanadispensary from another medical marijuana dispensary (Section 40.225-D)

LOCATIONI. 2611 E 11ST S ZONED: RM-2,CH

PRESENT USE: Commercial TRACT SIZE: 51949.87 SQ FT

LEGAL DESCRIPTION: WI2 LT 9 LESS S11 TO CIry & ALL OF LTS 10 THRU 12 BLK 12,HIGHLANDS ADDN

STAFF COMMENTS: The applicant is requesting a Verification of the 1,000 spacing requirementsfor a medical marijuana dispensary from another medical marijuana dispensary (Section 40.225-D)

4û.?2ïO A medical rnar¡juänã dispe,nsarlr rnay nrot be lncated within 1,û00 fë,et sfanather n¡edlcal rr¡arijuãna dispeneary.

¡ü{t.1t5-t The separation distãnce r'equired ¡,¡rderSection 4$-?3$Ð,must bÊ rnessursd ift astraight line between the n'earest perimeten utralls üf the huildings {or Fcrt¡ûn ûf thehuilding in the s,æe cf a rnultiple-tenãnt building$ oaupied by thÊ dispensaries.The separation required under Secti,on 4O.¡?5"D shall not be applied to lirnit thelccation ef a rnedical maniiuana dispensary for which a lleense was issued by theOklahorna State Separtrnerit of $l€alth prior tc Decentber '1, Zfll S lor the particularlocationJ

The applicant provided the nearest dispensary as Nirvana, located 3206 E. 11th Street, which is3,268' per the exhibit included in the meeting packet.

SAMPLE MOTION:

I move that based upon the facts in this matter as they presently exist, we (accepUreject) theapplicant's verification of spacing to permit a medical marijuana dispensary subject to the action ofthe Board being void should another medical marijuana dispensary be established prior to theestablishment of this medical marijuana dispensary.

\1,ÂREVTSEù 5/28/2O2O

Facing East on 77th Street

Facing West on 77th Street

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Subject Property

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DANA L. BOXZONING

PLANS EXAMINER II

TEL (918)596-9657

danabox@cityoftu lsa. org

DEVELOPMENT SERVICESI75 EAST 2"d STREET, SUITE 450

TULSA, OKLAHOMA 74103

ZONING CLEARANCE PLAN REVIEW

May 4,2020

Phone: 281-508-3992LOD Number: I

Virginia Davis2438 S. RedwoodBroken Arrow, OK 74012

APPLICATION NO

Location:Descri

BLDC-059714-2020(PLEASE REFERENCE THIS NUMBER WHEN CONTACTING OUR OFFICE)2611F.. fith St.Medical uana

INFORMATION ABOUT SUBMITTING REVISIONS

OUR REVIEW HAS IDENTIFIED THE FOLLOWING CODE OMISSIONS OR DEFICIENCIES IN THEPROJECT APPLICATION FORMS, DRAWINGS, AND/OR SPECIFICATIONS. THE DOCUMENTS SHALLBE REVISED TO COMPLY WITH THE REFERENCED CODE SECTIONS.

I. A COPY OF THIS DEFICIENCY LETTER2. A WRITTEN RESPONSE AS TO HOW EACH REVIEW COMMENT HAS BEEN RESOLVED3. THE COMPLETED REVISED/ADDITIONAL PLANS FORM4. BOARD OFADJUSTMENTAPPROVAL DOCUMENTS, IF RELEVANT

*-REVISIONS SHALL BE SUBMITTED DIRECTLY TO THE CITY OF TULSA PERMIT CENTER LOCATEDAT 175 EAST 2Nd STREET, SUITE 450, TULSA, OKLAHOM A 74103, PHONE (918) 596-960T.THE CITY OF TULSA WILL ASSESS A RESUBMITTAL FEE. DO NOT SUBMIT REVISIONS TO THEPLANS EXAM|NERS.." (SEE #2, BELOW)

SUBMITTALS FÐGD / EMAILED TO PLANS EXAMINERS WLL NOT BE ACCEPTED.

REVISIONS NEED TO INCLUDE THE FOLLOWING:

IMPORTANT ¡NFORMAT¡ON

1. IF A DESIGN PROFESSIONAL IS INVOLVED, HIS/HER LETTERS, SKETCHES, DRAWINGS, ETC. SHALL BEAR HIS/HEROKLAHOMA SEAL WITH SIGNATURE AND DATE.

2. *PURSUANT TO FEDERAL, STATE, AND LOCAL DECLARATIONS OF EMERGENCY ARISING FROM THE COVID-I9THREAT AND AS DIRECTED BY THE ADMINISTRATION, OUR OFFICE IS CLOSED TO THE PUBLIC UNTIL FURTHERNOT|CE. pApER SUBMTTTALS (tNCLUDtNG REV|SIONS AND ADDENDUM) FOR ANY PROJECT lS NOT AGCEPTED ATTHIS TIME. IF SUBMITTING REVISIONS FOR APPLICATIONS THAT PREVIOUSLY UTILIZED PAPER PLANS, EMAIL THEREVISED PLANS TO [email protected] OR SUBMIT ELECTRONIC PLAN REVISIONS ON THE PORTALAT HTTPS://TULSAOK.TYLERTEGH.COM/ENERGOV4934/SELFSERVICE. YOU WILL NEED TO REGISTER ON THEPORTAL IF YOU HAVE NOT PREVIOUSLY DONE SO. **

3. INFORMATION ABOUT THE ZONING CODE, BOARD OF ADJUSTMENT (BOA), PLANNING COMMISSION (TMAPC), AND

THE TULSA PLANNING OFFICE AT INCOG CAN BE FOUND ONLINE AT WWW.TULSAPLANNING.ORG: IN PERSON AT 2W. 2ND ST., 8TH FLOOR, lN TULSA; OR BY CALLING 918-584-7526 AND ASKING TO SPEAK TO SOMEONE ABOUT THISLETTER OF DEFICIENCY.

4. A COPY OF A "RECORD SEARCH'' T X IIS T IIS NOT INCLUDED WITH THIS LETTER. PLEASE PRESENT THE "RECORDSEARCH" 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 THEAPPROVAL DOCUMENTS TO YOU FOR IMMEDIATE SUBMITTAL TO OUR OFFICE. (See revisions submittal procedureabove.).

(continued)

\q.5

REVIEW COMMENTS

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

rvww.tulsaplanning.o rslpla nsÆulsaZoningCode.pdf

BLDC-059714-2020 26118.11th St. May 4,2020

Note: As provided for in Section 70.130 you may request the Board of Adjustment (BOA) to grant avariance from the terms of the Zoning Code requirements identified in the letter of deficiency below.Please direct all questions concerning seoarat¡on d¡stance acceptance and all questions regardingBOA application forms and fees to the BOA Planner at the Tulsa Planning Office at 91!!!s@ [email protected]. lt is your responsibility to submit to our office documentation of any decisionsby the BOA 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 Tulsaon your behatf. Staff review comments may sometimes identify compliance methods as provided inthe Tulsa Zoning Code. The permit applicant is responsible for exploring all or any options availableto address the noncompliance and submit the selected compliance option for review. Staff reviewmakes neither representation nor recommendation as to any optimal method of code solution for theproject.

1. Sec. 40.225-D: A medical marijuana dispensary may not be located within 1000 feet of

another medical marijuana dispensary.

2. Sec. 4O.225-H: The separation distance required under 5ec.40.225-D must be measured in a

straight line between the nearest perimeter walls of the buildings (or portion of thebuilding, in the case of a multiple-tenant building) occupied by the dispensary.

Review comment: Submit a copy of the BOA accepted separation distance of 1000' fromother dispensaries. Please direct all questions concerning separation distance acceptance

and all questions regarding BOA applicatlon forms and fees to the BOA Planner at the TulsaPlanning Office at 918-584-7526 or s9gþmj!@!!gsg.,-9j9.

Note: All references are to the City of Tulsa Zoning Code. Link to Zon¡ng Code:

www.tulsaplanning.org/nlans/TulsaZoningCode.pdf

Please notifv the reviewer via email when vour revisions have been submitted

This letter of deficiencies covens Zoning plan review items only. You may receive additional letters from otherdisciplines such as Building or WaterlSewEr/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 WITHTHE ABOVE REFERENCED APPLICATION, ADDITIONAL ISSUES MAY DEVELOP WHEN THE REVIEW CONTINUES UPONRECEIPT OF ADDITIONAL INFORMATION REQUESTED IN THIS LETTER OR UPON ADDITIONAL SUBMITTAL FROM THEAPPLICANT.

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

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\T. gREVTSED 5/28l2020

Sparqer, Janet

From:Sent:To:Subiect:

Chapman, AustinWednesday, June 3, 2020 B:51 AMSparger, Janet

FW: BOA 22928

From: Jenny Ca rr <[email protected]>Sent: Wednesday, June 3, 2020 8:34 AMTo: Chapman, Austin <[email protected]>

Subject: 8OA22928

Hello Austin

f'm emailing to comment on the BOA-22928 for the 1,000 ft spacing requirements. The 1,000ft radius line for the

proposed dispensary location overlaps an elementary school property at the corner of lLth and Delaware. That does not

comply with OMMA's current written laws/regulations for dispensary locations.

Thanks,MichaelCarr4533 E 85th St.

Tulsa, OK.74L37

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BOARD OF ADJUSTMENTCASE REPORT

STR: 9236

CZM:46GD: 9HEAR| NG DATE: 0610912020 '1:00 PM

Case Number: BOA-22930

APPLICANT: Jennifer Fralick

ACTION REQUESTED: Verification of the 1,000' spacing requirement for a medical marijuanadispensary from another medical marijuana dispensary (Section 40.225-D)

LOCATION: '1135 E 61 ST S ZONED: CS

PRESENT USE: Vacant TRACT SIZE: 19096.78 SQ FT

LEGAL DESCRIPTION: E100 W120 LTS 1314 15 LESS 510 OF E100 OF W'l20 LT 13 FOR STBLK 8; W20 LTS 13 14 '15 & PTVAC OWASSO AVE ADJ ON W LESS S10 OF W20 LT 13 FOR STBLK 8, BROADVIEW HGTS ADDN

STAFF COMMENTS: The applicant is requesting a Verification of the '1,000 spacing requirementsfor a medical marijuana dispensary from another medical marijuana dispensary (Section 40.225-D)

4û.125-n A rnedical rnåriluåna dispensary nwy nat be located within 1,û0Ofeet ofancther medkañ rnar¡juãnä dispensary.

¡qo.1É5-t The separatior¡ d'istan'ce required under Sedisn 4ûJã5'B'rmust be rfiessured in astraight line betr¡r,ee,n the nearest Ferirfieter walls of the buildirçs {or portion of thehuilding in the case cf a rnuluple-tenant buildingl acr:upied hyth€ dispemariet.Ttre separationr required under Section 4{¡.?25.D shall nct be applied tc lirnit thelacatisn uf a rnedicai rnarijuana d bpensary for nrtr{ch, a license was issued by thetküahorna State ûepartment of Health priqr tc Eece,rnber 't. ãüf I únr the particularlccatien{

The applicant provided the nearest dispensary as the Re-Up Cannabis Dispensary, located 6322 S.

Peoria Ave., which is 1,471' away. The proposed dispensary, Top Shelf Stock, is currently operatingat 6030 S. Peoria Ave. which is within 1,000' of the proposed location. lncluded in the sample motionis language to ensure the existing location must be closed prior to the proposed location opening.

SAMPLE MOTION:

I move that based upon the facts in this matter as they presently exist, we (accepUreject) theapplicant's verification of spacing to permit a medical marijuana dispensary subject to the action ofthe Board being void should another medical marijuana dispensary be established prior to theestablishment of this medical marijuana dispensary and that the currently operating dispensary,Iocated 6030 S. Peoria, cease operation prior to the subject dispensary opening forbuslness.

Jo,LREVTSED 5/2a/2O2O

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TOP SHELF STOCK1 135 Ê 61ST ST , TULSA, OK,74136

IIiÉ IICTNSE IssUEO ry IHT OKUHOMA $AN DEhflIMÉNI OF HA[H, O(NHOMA MEOICÁI MARUUNA AUNORITYrcCERNWTHÉ Âffi HÆ.urfiLLÉD ilE RIOU¡REMENÍS Or 63 O.S. I 42O tf SEQ.; 63 O.5. ! a27; 63 O.5. s 42i.1 Í *Q.; 63 O-S. t A7A fl Sßq

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Peoria to 1135 E. 61stst,

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5805 E 1sth St

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Feet1500 300 BOA-22933 o?\. \

BOARD OF ADJUSTMENTCASE REPORT

STR:9310CZM: 38

GD: 5HEARING DATE: 0610912020 1:00 PM

Case Number: BOA-22933

APPLICANT: Joseph Puckett

ACTION REQUESTED: Verification of the 1,000' spacing requirement for a medical marijuanadispensary from another medical marijuana dispensary or in the alternative a Variance of 1,000'spacing requirement for a medical marijuana dispensary from another medical marijuana dispensary(Section 40.225-D)

LOCATION: 5805 E 15 ST S ZONED: lM

PRESENT USE: Vacant TRACT SIZE: 44357.33 SQ FT

LEGAL DESCRIPTION: PRT SW NE BEG 527.60E & 40N SWC NE TH W100 NW315.97 E195.72s108.98 SE41.17 S150 POB SEC 10 19 13 1.02ACS,RELEVANT PREVIOUS AGTIONS:

Subject property: None

Su rrou nding properties :

BOA-22923: This request is currently pending as of the writing of the staff report, though it will appearon the agenda prior to the subject case being heard. The applicant in this case is requesting aVerification of the 1,000' spacing requirement for a medical marijuana dispensary from anothermedical marijuana dispensary. Property located 5529 E. 15th Street. This property is approximately570'away from the sub

&\,+REvtsED 5/28/2020

BOA-22784; On 11.12.2019 the Board denied a variance of the 1,000' spacing requirement formedical marijuana dispensary from another medical marijuana dispensary. Property located 814 S.Sheridan Road.

BOA-22725; On 812712019 the Board denied a variance of the 1,000'spacing requirement formedical marijuana dispensary from another medical marijuana dispensary. Property located 6545East 11th Street S.

RELATIONSHIP TO THE COMPREHENSIVE PLAN: The Tulsa Comprehensive Plan identifies thesubject property as part of a area of "Employment " and an "Area of Growth"

The purpose of Areas of Growth is to direct the allocation of resources and channel growth to whereit will be beneficial and can best improve access to jobs, housing, and services with fewer and shorterauto trips. Areas of Growth are parts of the city where general agreement exists that development orredevelopment is beneficial. As steps are taken to plan for, and, in some cases, develop or redevelopthese areas, ensuring that existing residents will not be displaced is a high priority. A major goal is toincrease economic activity in the area to benefit existing residents and businesses, and wherenecessary, provide the stimulus to redevelop.

Employment areas contain office, warehousing, light manufacturing, and high tech uses such asclean manufacturing or information technology. Sometimes big-box retail or warehouse retail clubsare found in these areas. These areas are distinguished from mixed-use centers in that they have fewresidences and typically have more extensive commercial activity. Employment areas require accessto major arterials or interstates. Those areas, with manufacturing and warehousing uses must beable to accommodate extensive truck traffic, and rail in some instances. Due to the specialtransportation requirements of these distrícts, attention to design, screening and open space bufferingis necessary when employment districts are near other districts that include moderate residentialuse.

ANALYSIS OF SURROUNDING AREA: The subject tract is located West of the NWc of S. JoplinAve. and E. 15th St. S.

STAFF COMMENTS: The applicant is requesting a Verification of the 1,000' spacing requirementfor a medical marijuana dispensary from another medical marijuana dispensary or in the alternative aVariance of 1,000 spacing requirement for a medical marijuana dispensary from another medicalmarijuana dispensary (Section 40.225-D)

¡IOJZSDÀ med¡cal rnãräuån& d*ponsarymryrú be locaúsd sdtHß lffOfuçtsfrnother rßdlcd milijuarm dtrpensry-

¿t{.2r5-l The separraticñ distarme required urderSection 4OJZ5-Í} must b* measu,red ¡n astraight lim hetween the neãrgst Ferime@r rårålls of the bui{dings (or portion nf thebuilding. in tfie case cf a rnultiple{enant building} occupied ry ûrÊ dispensaries.The separation req,uired uinder Section 4fi;225-D shãll noü be applied to limi{ thelscåtisn of,a rnedical rnarüuana dbBensaryfsrwhicha licens€wag issusd bytfieOklahame State Bepartn¡ent sf Hsalth prior ta Berember 1. 2CI18 for the partianlarlocation.|

A\ ,3REVTSED 5/28/2020

The applicant did not provide the nearest operating dispensary but to staffs knowledge it is Red Eye420,located 1525 S. Sheridan, approximately 2,344'away.

STATEMENT OF HARDSHIP: Applicant indicated on the application that he would provide astatement of hardship regarding the variance request at a later date

SAMPLE MOTION:

Verification:

I move that based upon the facts in this matter as they presently exist, we (accepUreject) theapplicant's verification of spacing to permit a medical marijuana dispensary subject to the action ofthe Board being void should another medical marijuana dispensary be established prior to theestablishment of this medical marijuana dispensary.

Variance:Move tomarijuana dispensary from another medical marijuana dispensary (Section 40.225-D)

a Finding the hardship(s) to be

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

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 topographical conditions of the subject propertywould result in unnecessa4il hardships or practical difficulties for the property owner, asdistinguished from a mere inconvenience, íf the strict letter of the regulations were carried out;

b. That literal enforcement of the subject zoning code provisíon is not necessary to achieve theprovi sio n's i nte n ded p u rpo se ;

c. That the conditions leading to the need of the requested variance are unique to the subjectproperty 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-imposedby the current propefty 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 inwhich the subject property is located, nor substantially or permanently impair use ordevelopment of adjacent property; and

g. That the variance to be granted will not cause substantial detríment to the public good orimpair the purposes, spirit, and intent of this zoning code or the comprehensive plan."

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pRT LTS 7 & I BEG 54.66W & 55 NWC LT 7 TH 8280.72 Sl26.8l SW78.2l W78.21S2OO TO PT ON SL LT 7 CRVLF 26.65 SW125 TO SWC LT 7 CRVRT 41.15NLY367.75 POB BLK {, WOODY-CREST SUB, City of Tulsa, Tulsa County, State ofOklahoma

22784-Anthonv Smith

Action Requested:Variance of the 1,000-foot spacing requirement for a medical marijuana dispensaryfrom another medical marijuana dispensary (Section 4t.225-D). LOCATION: 814South Sheridan Road East (GD 5)

Presentation:Brad Fuller, Attorney at Law, 20 East 5th Street, Suite 200, Tulsa, OK; stated he

represents the applicant, Mr. Anthony Smith. Mr. Fuller stated he is the owner of thesubject property and has personal knowledge of the property. Mr. Fuller presented apetition of the neighbors that do not object to the request and presented photographs.

Mr. Fuller stated the subject property is located at 814 South Sheridan, and the Route66 Dispensary is 735 feet away and is located on 11th Street. To access the property bybird's eye you would have to go through the apartment building, their privacy fence,through the trees, across the creek and across another fence that has barbed wire onthe top. To drive to the property, you must drive down Sheridan and that route makesthe distance 1,538 feet and the second driving route makes it 2,856 feet. This is verysimilar to a Variance the Board granted at 67A2 South Lewis, B.C,A-22736. Mr. Fullerthinks this case is better for a hardship and the uniqueness to the topography. Mr.

Fuller stated the Board granted another case, BOA-22741, but he thinks there werelicensing issues in that case. There was 600 feet and 400 feet distance betweendispensaries in the two cases. Mr. Fuller stated this project will improve theneighborhood; the area is under distress. Mr. Fuller believes there is a topographicalhardship. Mr. Fuller stated that City Councilor Cass Fahler called in support of thisproject. This is also an area of growth designation and this-will increase economicdevelopment. Based on prior precedents and based on the hardship he asks the Boardto grant the Variance request.

Interested Parties:Anthony Smith, 7121 East Latimer Place, Tulsa, OK; stated the proposed project willdefinitely upgrade the area, because there is a heavy homeless presence in the arca.He would like to give back to the community and improve the area. Mr. Smith statedthat if he is given the chance to get into the building, he can upgrade it and there will notbe homeless sleeping behind the building.

Comments and Questions:Mr. Van De Wiele stated that the couple of cases that were cited in downtown, one wasa licensing confusion and another Variance was granted downtown but it was very earlyin the process and the City nor this Board had fully worked through the nuances of the

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regulations. The business on Lewis is probably closer to this case, but it was over 900

feet in distance, and this is only a little over 700 feet.

Ms. Ross stated that she is not necessarily opposed to this request, but she does not

want to set a precedent of whether the walking or driving distance makes it a 1,000 feet,

because that reasoning will be heard in future cases.

Board Action:On MOTION of ROSS, the Board voted 5-0-0 (Bond Radney, Ross, Shelton, Van De

Wiele "aye"; no "nays"; no "abstentions"; none absent) to DEJìIY the request for a

Variance of the 1,QQõ-foot spacing requirement for a medical marijuana dispensary from

anotlrer medical marijuana dispensary (Section 40.225-Dl due to the lack of a hardship;

for the following property:

wl65 E180 OF TR 59 LESS N2O0 THEREOF, GLENHAVEN, City of Tulsa, TulsaCounty, State of Oklahoma

22785-Cindv Davis

Action Reouested:ffi00.footspacingrequirementforafamilyhomedaycarefromanotfrer tamity home daycare (Section 45.070). LOGATION: 7415 East 83'd

Street South (CD 8)

Presentation:C¡nd@¡s, 7415 East 83rd Street, Tulsa, OK; no formal presentation was made but

the aþplicant was available for any questions from the Board members.

Mr. Van De Wiele asked Ms. Davis if she was a licensed daycare facility through the

state. Ms. Davis answered affirmatively.

Mr. Van De Wiele asked Ms. Davis if she was aware of any other day care facility within

300 feet her subject site. Ms. Davis stated the closest day care facility is 4,000 feet

away.

Mr. Van De Wiele asked Ms. Davis if she was not taking care of more than seven

children. Ms. Davis answered affirmatively.

Mr. Van De Wiele asked Ms. Davis if she was the only employee. Ms. Davis stated that

her retired mother volunteers to help her. Mr. Van De Wiele asked Ms. Davis if her

mother lived with her. Ms. Davis answered no.

Mr. Van De Wiele asked Ms. Davis if she had any signs advertising her day care. Ms.

Davis answered no.

rt/1212019-1240 Qs)

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being void should another medical marijuana dispensary be established prior to the

establishment of this medical marijuana dispensary; for the following property:

S3O LT 1 & ALL LT 2 &N2O LT 3 & E5 VAG ALLEY ADJ ON W BLK I, LIBERTYADDN, City of Tulsa, Tulsa Gounty, State of Oklahoma

22725-Marv Googer

Action Requested:Var¡ance of the 1,000 spacing requirement for a medical marijuana dispensaryfrom another medical marijuana dispensary (Section 40.225-D). LOCATION:6545 East 11th Street South (CD 3)

Presentation:Rond¡d Dr,rrb¡n, Attorney at Law, 1602 South Main, Tulsa, OK; stated he currentlyrepresents hundreds of medical marijuana businesses across the State of Oklahoma;

he has been involved in this process since it started. Mr. Durbin stated that he workedwith the City of Tulsa on the Zoning Ordinances related to these issues; he worked with

INCOG, Súsan Miller, Janine VanValkenburg, City of Tulsa Attorney and one of theissues that was brought out at the start of this process was that what would be donewhen a business received their license first but did not apply for a Certificate ofOccupancy, and a business gets their license secondary but applies for a Certificate ofOccupancy first. That is exactly the situation in this case today. Mr. Durbin stated thathis client was licensed by the State of Oklahoma in January 2019, they obtained theirBureau of Narcotics license on January 29,2019 which gives them the right to possess

medical marijuana. ln that interim and after that period Bloomers dispensary obtained

their license 1n April 2019. Mr. Durbin stated his applicant is asking for a Variance forthe first Iicensed business, that truly when they applied for their OMMA license and theirOBN license there was no other dispensary within a 1,000 feet of the subject location.

This is a situation where neither party acted in bad faith, there was no issue in regard toBloomers, neither party was trying to usurp the other because his client did not know

that Bloomers was going to apply for anything. Pharmacies are allowed to be located

across the street from one another. This will have a disparate impact on what his

clients are attempting to do and what they have done. They have spent a lot of money

on obtaining licenses and have done everything they have been required to do to be alicense buslness under the laws of the State of Oklahoma. What the applicants are

trying to avoid is the necessity of going to Court on this issue because it can have a

Oetr¡mental impact to either party; he does not want to get to that point. He asked and

hoped for the City of Tulsa to account for who came first in their Ordinances, but they

did- not do that, and there is nothing in the Ordinance that he is aware of that specificallysays whoever applied for the COO first. In this particular instance, the only fairreéolution to this matter is to allow both parties to continue. His client's family has

owned the subject property for more than 40 years, so they have been there a long timeand they want to continue to operate a business at that location, and this is the mostconducive business for them to engage in.

08127/2019-1235 Q0)

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Ms. Ross asked Mr. Durbin why his client chose to wait so long to apply for a Certificateof Occupancy. Mr. Durbin stated that his clients had a previous existing business at thesubject location and they already had a Certificate of Occupancy related to thatbusiness, so they did not think there was going to be an issue. Mr. Durbin stated thatthe City Ordinance was put on and taken off the agenda many times, and his clientmissed the last time it was placed on the agenda and ultimately passed. There werequite a few people who were oblivious, and the word did not get out to some people.

His clients were operating under an existing COO and they did not realize that therewould be a requirement to receive a new COO. After his clients received their licenses,they started working to get everything ready, then applied for their COO and that iswhen the issue came up with Bloomers Dispensary. He thinks this is a reasonablerequest from his clients.

Mr. Van De Wiele stated that from the prior hearing the Board understood that theapplicant had applied for the Certificate of Occupancy on May 21,2019. Mr. Durbinstated that the date is May 2A, 2019. Mr. Van De Wiele asked Mr. Durbin if that hadbeen issued yet. Mr. Durbin stated that it has not. Mr. Van De Wiele asked Mr. Durbinif the spacing was the only issue hanging his clients up. Mr. Durbin answeredaffirmatively. Mr. Van De Wiele asked Mr. Durbin what his understanding is of to theCertificate of Occupancy date for Bloomers Díspensary. Mr. Durbin stated thatBloomers was licensed by the State of Oklahoma in April 2019 and they received theirOklahoma Bureau of Narcotics and Dangerous Drugs Iicense on May 2, 2019.Unfortunately, OMMA website does not alone anyone to search for existing businesseswhich is another problem and why this is going to come up again. OMMA had thesearch website up and then they took it down, so there is no way of knowing aboutspacing. lt is a flaw in the system, and it is something that needs to be resolved.

Mr. Bond asked Mr. Durbin to explain his hardship in this case. Mr. Durbin stated thathis clients would not be allowed to engage in the commercial busíness for which theyhave obtained a license, and they were the first to obtain a license. They will be

commercially impacted in not being able to engage in a lawful business for which theyhave been licensed by the State of Oklahoma.

Mr. Van De Wiele asked Mr. Durbin if that was a financial hardship. Mr. Durbin statedthat it is a financial hardship, but it is a hardship in relationship to the building. Thatbuilding is not conducive to a whole lot of other enterprises currently; it is an old

building. To allow his clients to do this it will put the building back into viable economicuse, so it is an important thing for the City of Tulsa. Mr. Van De Wiele stated the Boardhas to articulate a hardship that is neither financial nor self-imposed. Mr. Durbin statedthat he does not think it is self-imposed. When his clients applied for their OMMA andOBNDD licenses Bloomers did not exist; they had not applied and obtained anylicenses. This burden is not self-imposed. lf the Ordinance would say to obtain theCOO first and then obtain licenses the City would have given clear guidance tobusiness owners; his clients did it in reverse and he does not think that is self-imposed.

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Most people make sure they are clear through OMMA first and then ask for theirCertificate of Occupancy.

Ms. Ross stated that she understands what Mr. Durbin is saying. The Board has had

this discussion for hours, what the Board ultimately discussed was that the way for theBoard to navigate this is the first to receive their license but to also apply for the COOwhich puts the person in the process of receiving their spacing verification and thatwould determine who established their business first. Othen¡vise, people could just siton their license and prevent others from moving into the area and yet the first party

never opens a business.

Mr. Van De Wiele stated that the Board is beyond who is established first. This is not averification of spacing, this is a Variance request. ln order for the Board to support this

the Board needs a hardship. Certainly Mr. Durbin's client did not impose theOrdinances on themselves, but it is their order of behavior. The Board cannot saybecause this is going to cost somebody a lot of money the Board grants the Variance,the Board is legally prohibited.

Mr. Durbin stated that his client has owned the building and have owned it for over 40years. They do not have the ability to locate elsewhere. They have the facility for whichthey can operate and conduct this business, it is not a self-imposed burden. lt is not

something they created because of waiting. The same situation could have arisen had

they applied for the COO; there is nothing in the Ordinance for the City of Tulsa thatsays it is whoever applies for the COO first is the first legitimate established business.

Mr. Van De Wiele and Mr. Bond both agreed with that statement. Mr. Bond stated in his

mind he has settled on the fact that it didn't matter as long as the business were legal

and that includes the Certificate of Occupancy. Mr. Bond stated that he needs a

hardship that is unique to this, such as the geography'

Mr. Durbin stated that he will allow his client to speak to the hardship because he

believes they can speak to that on a more personal level than he can. Mr. Van De

Wiele stated that he wanted to make sure that it is clear, that it is not how this is going

to damage the applicant, it is what is unique about the property, this application thatpresents a hardship such that the Board should grant relief from the 1 ,000-foot radius.

Mary Cooper, 6545 East 11th Street, Tulsa, OK; stated she is the owner of MotherRoad Extracts. lncluded with her application she answered the hardship questions

required for a Variance. Ms. Cooper stated the property is located within a 1,000 feet ofanother dispensary; a unique hardship is created to said property because of theambiguous undefined dynamic laws, regulations, and ordinances enacted by the Stateand Iocal governments causing the physical surroundings being the nearest licensedmedical marijuana dispensary to be a hardship and a practical difficulty. She believes

that City Councit enacted the 1,000-foot ordinance due to security concerns; thesubject property is secured with solid iron bars, steel doors, and live recordingsurveillance as well as physical 24-hour security presence. Ms. Cooper stated that a

08127120t9-123s Q2)

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1,000-foot spacing verification is the reason for the Variance request, most generally,CH zoned businesses are not required to perform spacing verifications in order to obtaina Certificate of Occupancy. Ms. Cooper stated that no adjacent property will beimpaired and a commercial business on the subject property will encourage new retailbusiness in the corridor. She believes that the granting of this Variance will result andbenefit the public good of this area and seeks to repair the purpose, spirit and intent ofthe Comprehensive Plan. She also obtained all of her adjacent neighbors, bothcommercial and residential, letters of support of the medical marijuana dispensaryopening. She believes this presents a valid hardship for this request.

Ms. Radney asked Ms. Cooper if she was aware of Bloomers application for theirverification of spacing. Ms. Cooper stated that she was aware of Bloomers spacingverification application when they personally came to visit her and told her, until thenshe was not aware. And as of that time she had already applied for her Certificate ofOccupancy. Ms. Cooper stated that her timeline was a flurry of activity betweenNovember and January; she stopped because she thought she had received everythingnecessary in order to open a business. The only thing she thought she neededdifferently at the time was the Fire Marshal's inspection.

Ms. Cooper stated that she obtained the City of Tulsa's Guide To Doing Business in

Tulsa, the Commercial Building Permit Process, the Certificate of Occupancy, theapplication process; all of these she started researching in March. Not once did shefind that told her she needed to stop and file for a Certificate of Occupancy to receiveher spacing verification. Even after speaking with the permitting office she really doesbelieve that she has tried to follow every letter of the law.

Mr. Van De Wiele asked Ms. Cooper what caused her in May to get back on theprocess and file for the Certificate of Occupancy. Ms. Cooper stated it was because heropening date was June 1st, and she thought she needed an inspection from the FireMarshal.

Mr. Bond asked Ms. Cooper how far she is from the other dispensary. Ms. Cooperstated she is 450 feet away from the nearest dispensary, and 1,050 feet away from thedispensary that is not within the 1,000-foot radius.

Leta Carmona, Bloomers Dispensary, 6733 East 11th Street, Tulsa, OK; stated she isopposing the requested Variance due to the fact that the other dispensary is a little over400 feet away. Ms. Carmona stated that she is aware that the other dispensary has aprocessing and a grower's license, so to state that it would be a hardship, evenfinancially at best, they have the opportunity for two other businesses within the subjectbuilding to be a viable business. ln researching, she believes the actual Certificate ofOccupancy that the other dispensary filed in May is actually done on a residentialproperty. The subject building is actually zoned residential. The area may be a

commercial area but that particular address is zoned residential; Ms. Carmona statedshe has the paperwork from the County Assessor's Office showing that zoning and shedid call to veriff that. Mr. Van De Wiele stated that the Board's zoning map shows

08/27DA19-t23s Q3)

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differently. Ms. Carmona stated that there was Homestead Exemption filed on bothaddresses; the subject property faces south and the home that is attached to it facesthe east. Those were both, in 2018, had residentialtaxes paid on both.

Mr. Van De Wiele asked Ms. Carmona how that impacts things. Ms. Carmona statedshe does not know the rules regarding a commercial Certificate of Occupancy beinggranted on a residential property.

Ms. Carmona stated the City Ordinance states that there needs to be a 1,000 feetbetween dispensaries. Obviously, she was able to find her way through the system andshe obtained a lot of her licenses in April; started the process with the City in May. Ms.Carmona stated she has her health department, Oklahoma Bureau of Narcotics, twoagricultural licenses, everything that is needed to go along with that so she was able tomuddle through the process without any guidance, so does not know why it was hardfor other party to do so.

Ms. Ross asked Mr. Wilkerson what the residential rules are in relation to what Ms.Carmona is speaking about. Mr. Wilkerson stated that he is not sure what database theCounty uses but he knows the staff does see things in the Assessor's office that are notconsistent with the Zoning Code. Mr. Van De Wiele asked Mr. Wilkerson if that waspossible because this was a former residence at some point. Mr. Wilkerson stated thatit possible; the land use opportunities that are available are based on the Zoning Codenot the Assessor's designation.

Mr. Van De Wíele asked Ms. Carmona íf she had her shop open for business andselling to the public. Ms. Carmona answered affirmatively.

Mr. Van De Wiele asked Ms. Carmona when she received her Certificate of Occupancyand when did she open for business. Ms. Carmona stated that she was before theBoard on the 23d, she obtained all of her Code Enforcement on July 31't, and her firstsale was on August 7th or August l0th, she is not sure.

Rebuttal:Ronald Durbin came forward and stated that the opposition has just admitted that theyapplied for their OMMA and OBNDD licenses before they came to the City and appliedfor their Certificate of Occupancy. That would be rewarding one party for doing it thatway and penalizing another party who did it first that way. He thinks this would create asituation where it is disparate treatment. When looking at the 1,000-foot radius fromother dispensaries and schools there is a situation created where there is no otherproperty in the City of Tulsa, it is used up. There is no other opportunity for his client tofind any other property. Mr. Durbin stated that his client filed for her growers andprocessing license on a CH zoned property; that is not permissible in the City of Tulsaand that is why he is not asking for a Variance on the property related to those issues.Processing has to occur in industrial, heavy or medium, under certain circumstances.He is only asking for the Variance related to the spacing distance. Again, both partiesacted in the same manner. They both received licenses first. The process has to be

08t27/2019-123s Q4)

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that the party gets their OMMA license first because there are so many other things thatOMMA is looking at, and what they are going to determine and classify as a school and

what is not a school; before a person can obtain a fully executed lease that is really thefirst step a person has to go through in this process. lf there is not a way for a person todetermine what is a City resource, to say there is another dispensary and this will notget through, it does not exist. lt does not exist for Bloomers and it does not exist for his

clients.

Mr. Van De Wiele asked Mr. Durbin if he was aware that OMMA is going to reverse thatprocess at the end of this week. Mr. Durbin answered affirmatively. Mr. Durbin statedthey also completely redefined the definition of what constitutes the entrance to aschool, the entrance to any piece of property in which a school sits so they havebroadened the definitions even farther with regards to that under 2612. Under 1030

they changed completed the ability of cities and counties to zone there are a lotchanges. That makes it very difficult for any business to relocate themselves right now.

It would penalize his clients for trying to do what was right when there was no clearguidance from the City of Tulsa that a person needed to get the COO before obtaininglicenses.

Mr. Van De Wiele stated that the Board is not here today to establish, using the wordestablish in the motions, the Board is not here to argue about who established first it isreally just a question of whether the applicant should have a Variance. Mr. Durbin

stated that he understands that.

Ms. Radney asked Mr. Durbin if he would like to restate the hardship one more time.Mr. Durbin stated that he thinks Ms. Cooper went through the list of all the hardshipsthat she would incur as a result of this. Again, the hardship is there would be no othersuitable properties, that he is able to locate and he does this every single day, in theCity of Tulsa for dispensary location that would now comply with the school distanceissue and the zoning issue related to who received Certificates of Occupancy first. Thisputs the building in good use. He knows economic impact is not necessarily a factor,but his clients have already done the work to remodel the building so they would lose all

that time, energy and effort to engage in this business. Again, it would be penalizing his

clients for trying to do what was right and not applying for a COO first.

Mr. Van De Wíele stated that he has heard the comment from some of the billboardcompanies that there are virtually no spaces left, and they are 1,200 feet apart, in

highway frontage within the City in which a billboard can be placed, so the Board seesvery few billboard spacings. He does not know if a map were produced showing no

more spaces for billboards, he does not know if that would be justification for letting abillboard being placed 800 feet away. Likewise, if there is a bar every 300 feet and abar wanted to open in between huo other bars 150 feet away that in of itself gets aperson to a hardship. Mr. Durbin stated that in this instance those entities are notneeding to obtain State licenses for having the billboards. We are dealing with asituation where a person is going to construct a billboard, can readily access theinformation to find out if there is dispensary located in the 1,000 feet. ln this particular

08/27t20t9-t235 Qs)

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case, even ¡s Ms, Cooper had gone to the City of Tulsa and asked to verify that thereare not other dispensaries within a 1,000 feet of her location she would have been toldno, there are not because Bloomers did not exist when she was doing her applications.

Ms. Ross stated that Ms. Cooper had from January to May to apply for her spacingverification and she didn't do it, she only did half the process. Mr. Durbin stated that ifthe City had told Ms. Cooper to apply for the COO and get the spacing verification done.Ms. Ross stated that Ms. Cooper is not asking for a Spacing Verífication today she isasking for a Variance, and the Variance requirement is that Ms. Cooper has to have ahardship that is not financial or self-imposed. Mr. Durbin stated that this is not a self-imposed hardship. Ms. Cooper already had a pre-existing Certification of Occupancy tooccupy the premises, she had applied for her OMMA licenses and did the work to getthe facility up to the standards of what it should be, and then she applied for her newCertification of Occupancy for the dispensary.

Mr. Bond stated that for zoning purposes the Board cannot make a ruling which wouldabrogate a City Zoning Code. The Board can simply give exceptions or variances in aspecific instance, case by case instance which is specific to the applicant. The Boardconsiders things like the geography of the location, the structure of the building, thingslike that. To say hardship in dealing with this Variance that is what is asking about. lsthere something that is unique to this situation other than the ambiguity of law. Mr.Bond stated that he does not have the power to vote any other way than what theCodes provides the Board.

Mr. Durbin stated that as it relates to the building, the building is not conducive to verymany other uses; it is a very old building that is not conducive to other type ofcommercial heavy operations that can relocate there without essentially scrape thebuilding and rebuild something new. There is not much else this building can be utilizedfor given its location, given the property layout, etc. That is why the owner has not doneanything with it in 20 years, because it is not conducive for engaging in any other kind ofbusiness.

He would argue that the first licensed dispensary was his clients. They were licensedfrom the State of Oklahoma, and that is the only way a person can become a licensedispensary is to be licensed by the State of Oklahoma, they were there first. lf anythinghe thinks it was a mistake being granted to Bloomers, authorization that they were1,000 feet from another dispensary, because the only way you can be licenseddispensary in the State of Oklahoma is to have obtained a dispensary license from theState of Oklahoma which his clients did first.

Mr. Van De Wiele stated he is not going to let the Board get into discussion on thatbecause the time for appeal for that has passed. Whether or not the Board should haveor should not have, and he would defend the Board's action, the time to appeal theVerification of Spacing Bloomers ten days after the Board's ruling in that matter.

08/2712019-123s Q6)

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Mr. Durbin stated that his clients do not want to shut out Bloomers, that is not what theyare trying to do. lt is not Bloomers fault either.

Ms. Radney stated the applicant had a legal license for a specific address that had aCertificate of Occupancy that the applicant was unaware would not apply even though itwas appropriate by right to operate that type of business out of the building, but whatthe applicant was not aware of is that she did not have the right type of Certificate ofOccupancy because of involving legal landscape in which the Ordinances coming fromthe City that would determine whether she could establish that business and conduct atransaction there were evolving at the time. What is unique about this particularapplicant is that she held up a license prior to the nearest licensed establishedbusiness. Mr. Durbin agreed that is absolutely unique.

Mr. Durbin stated that was something he begged the City to address when it adoptedthe Ordinances because he felt he would here in this situation at some point. Ms.Radney stated that they are unique in that they hold a license to operate out of abuilding that ís less than a 1,000 feet from another licensed building, and its unique thatthey held a Certificate of Occupancy at the time they applied, and its unique that thebusiness district the building is in is evolving into a unique business atmosphere interms of the relative concentration of marijuana related businesses. Mr. Durbin agreed.

Mr. Durbin stated that it is unique in that there is no other way for each of them to know.There is nothing that Bloomers could have done because OMMA had removed thelisting long before either of these parties had applied. There is this quagmire of havingno way to determine if there was going to be an issue.

Ms. Radney stated that in so much that the applicant had possession of the property,had a Certificate of Occupancy though not for this particular use, and if they hadobtained their license 38 days earlier they would not have to be here at all because itwould not have been subject to the 1,000-foot spacing.

Mr. Van De Wiele asked Mr. Chapman if the OMMA listing could still be obtained,though it has been modified. Mr. Chapman stated that he was able to get the list, withaddresses, and when he was dealing with the applicant, he was able to look at specificaddresses for licenses that were listed. lt is not true that it was not available at the timethe applicant made an application. Mr. Durbin stated that the listing was off, it cameback on, it is off again and the only way a person can fully verify an existing business isto use OBNDD; it is the only site that is consistent. Mr. Chapman stated at the priorBoard hearings he was able to access and use the information; to his knowledge it wasjust last week that OMMA began removing addresses.

lnterested Parties:

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There were no interested parties present.

Çomme.nts and Questions:Ms. Radney stated that it is very difficult for applicants to be able to, in real time, knowthat they have complete and accurate information, or at least has been. Ms. Radneybelieves the hardship would be to deny the applicant the legal right to use the licensethat was properly secured, but that have not been able to move fonruard with thebusiness because of the uncertainty.

Ms. Ross stated that she is on the fence. She has heard some thÍngs that wereconvincing, and she does think that it was very confusing to a lot of people, so much so,that the Board had to have a special work session to discuss it for two hours. She is stillstruggling with the hardship; she does not believe the building cannot be used for anyother purpose.

Mr. Van De Wiele stated there may be 50 other place holder licenses sitting out there,who knows there may be two next door to each other that was received in December2018, and they have literally done nothing with them. They come in two or threemonths from now and space and they are rejected because they are ten feet away. Onthat basis, would they all be qualified for a Variance?

Mr. Van De Wiele asked Ms. Radney if she could state a hardship for this case. Ms.Radney thinks the evolving landscape of Ordinances is a real issue. Ms. Ross statedthe Ordinances have been the same all year long. Ms. Radney thinks that within thisnew industry it is a new and burgeoning industry, so it is very diffícult for them to knowwhere to go to receive accurate information in real time. Even the way and the mannerin which it rolled out of the City was confusing; that was not a linear process. lt soundslike these people were engaged with the permitting office about their existing Certificateof Occupancy; someone at the City should have at least suggested to them that if anOrdinance were coming down that it would obviate the validity of the old Certíficate ofOccupancy. The applicant had to have the address to get the license, so she alwayscomes back to that as a starting point. There was a clear intentionality to establish abusiness on the day they received the license. The rest of this is somewhat subject tointerpretation.

Mr. Van De Wiele asked staff, he knows the City has taken the position that any newmedical marijuana business has to have a new Certificate of Occupancy; that is a truestatement, right? Mr. Chapman stated it is a true statement, but it is not limited tomedical marijuana use; when the use on a building is changed a person is required toget a new Certificate of Occupancy.

Mr. Bond stated he has sympathy for the applicants, and he is trying to think ofsomething that is uniquely situated in this case. The problem is what will the Board dowhen someone appears saying that they too were confused about the law.

Ms. Radney stated the Board granted the Variance for the dispensary in the CBD andthere were less grounds than this. Mr. Van De Wiele stated there are some parallelsbetween the two, and those dispensaries were closer than this. Mr. Van De Wiele

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asked if Route 66 impacts one way or another? This is a unique area of town, but hecannot say it is so unique that there should be dispensary every 500 feet.

Ms. Shelton stated she is leaning toward a no. She does not think there is anythingunique about this case. She does not think the confusing process should even be apart of this discussion. She does not think there is anything unique about this property,and a line has to be drawn somewhere and this application falls on one side of the line.

Ms. Radney stated that she appreciates the fact that right here at this particular junctureon Route 66, the Board has approved a lot of interesting marijuana businesses. Thereis extraction, there is edibles, there are dispensaries, there is a grower in the area, therehas been a lot of intensity of interest in this corridor. This is a blue-collar corridor.

Mr. Van De Wiele stated this is certaínly a concentrated business area, but there arehouses in the area. Ms. Radney stated that it is a concentrated commercia! district, butthis is a hard-commercial corner. There is a vacant lot on the corner of 1Oth Street and67th, and the other houses along 10th Street are not in good repair and most of theothers going to the west along 10th Street are also vacant lots. lt is definitely a

neighborhood in transition, and she advocates strongly for neighborhoods that needenergy to bring them back. There is a considerable setback where the residentialdistrict takes off. This segment of 11th Street is not terribly different than the PearlDistrict, and she can respect all the objections, but she is for the Variance.

Board Action:On MOTION of BOND, the Board voted 3-2-0 (Bond, Ross, Shelton "aye"; Radney,Van De Wiele "nays"; no "abstentions"; none absent) to DENY the request for aVariance of the 1,000 spacing requirement for a medical marijuana dispensary fromanother medical marijuana dispensary (Section 40.225-D) due to the lack of a hardship;for the following property:

LTS 2l & 22 BLK 36, SHERIDAN HILLS, Gity of Tulsa, Tulsa County, State ofOklahoma

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CHUCK LANGEZONING OFFICIALPLANS EXAMINER

TEL (918)596-9688

cla [email protected]

LOD Number: 1

Joe Pucket16î8 W 5t STTulsa, OK 74104

^APPLICATION NO:

Location:Description:

DEVELOPMENT SERVIGESI75 EAST 2''d STREET, SUITE 450TULSA, OKLAHOMA 'I4IO3

ZONING CLEARANCE PLAN REVIEW

April 15,2020

Phone: 918.237.9006

coo{r57977-2020(ptEASEREFERENCE THIS NUMBERWHEN CONTACTTNG OUR OFFtCq5805 E 15 STMedical Marijuana Ðispensary

INFORMATION ABOUT SUBMITT¡NG REVISIONS

OUR REVIEW HAS IDENTIFIED THE FOLLOWING CODE OMISSIONS OR DEFICIENCIES IN ÏHEPROJECTAPPLICATION FORMS, DRAWINGS, AND/OR SPECIFICATIONS. THE DOCUMENTS SHALLBE REVISED TO COMPLY WITH THE REFERENCED CODE SECTIONS.

REVISIONS NEED TO INCLUDE TTIE FOLLOWING:

1. A COPY OF THIS DEFICIENCY LETTER2. AWRITTEN RESPONSE AS TO HOW EACH REVIEW COMMENT HAS BEEN RESOLVED3. THE COMPLETED REVISED/ADDITIONAL PLANS FORM4. BOARD OF ADJUSTMENT APPROVAL ÐOCUMENTS, IF RELEVANT

REVISIONS SHALL BE SUBMITTED DIRECTLY TO THE CITY OF TULSA PERMIT CENTER LOCATED AT175 EAST 2nd STREET, SUtrE 450, TULSA, OKLAHOMA 74103, PHONE (918) 596-9601.THE CITY OF TULSAWILL ASSESS A RESUBMITTAL FEE. DO NOT SUBMIT REVISIONS TO THEPLANS EXAMINERS.

SUBMITTALS FA)ED / EMAILED TO P¿A'VS EXAMINERS WLL NOT BE AçGEEIED.

IMPORTANT INFORMATION

1. IF A DESIGN PROFESSIONAL IS INVOLVED, HIS'}IER LETTERS, SKETCI{ES, DRAWNGq ETC. SHALL BEAR I{IS'HEROKLAHOMA SEAL I'WTH SIGNAruRE AND DATE.

2. PURSUANT TO FEDERAL, STATE, AND LOCAL DECLARAÎIONS OF EMERGENCY ARISING FROM THE COVID.19 THREATAND AS DIRECTED BY THE AD¡IINISTRATION, OUR OFFICE IS CLOSED TO THE PUBLIC UNTIL FURTHER NOTICE,pApER SUBTTTTALS (¡NCLUDING REV¡SIONS AND ADDENDUM) FOR ANY PROJECT lS NOT ACCEPTED AT THIS TIME. lFSUBil|TNNG REVISIONS FOR APPUCAT¡ONS THAT PREVIOUSLY UTILIZED PAPER PLANS, ETTIAIL THE REVISED PLANSTO COTDEVSVCS@CITYOFTULSÀORG OR SUBMIT ELECTRONIC PLAN REVISIONS ON THE PORTAL ATHTTPS://TULSAOK.TYLERTËCH.COM/ENERGOV4934/SELFSERVICÊ . YOU WILL NEED TO REGISÏER ON THE PORTALIF YOU HAVE NOT PREVIOUSLY DONE SO.

3. tNFORfriATtON ABOUT ZONTNG GODE, ¡ND|AN NATTON COuNclL oF GoVERNMENT (INCOG), BOARD OF

ÀT'JUSTMENT (BOA}, AND TULSA METROPOLITAN AREA PLANNING COMMISSION {TMAPC) IS AVAILABLE ONLINEAT WTI'W.¡NCOG.ORG OR AT INCOG OFFICES ATzw.y ST., 8ü' FLOOR, TULSÀ OK, 7¡fi03, PHONE (918) 584-7526.

4. A GOPY OF A -REGORD SEARGH" f X I¡S f IIS NOT INGLUDED wlTTI T}IIS LETTER PLEASE PRESENT THE "RECORDSEARCH. ALONG TV¡T}I THIS LETTER TO INCOG STAFF AT TIIIIE OF APPLYING FOR BOARD OF ADJUSTMENTACTION AT INCOG. UPON APPROVAL BY THE BOARD OF ADJUSTMET{T, INCOG STAFF WILL PROVIDE THEAPPROVAL DOCUHENTS TO YOU FOR IMûIEDIATE SUBMrrTAL TO OUR OFFICE. (See revlsions submittal procedureabove.).

(continued)

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REV¡EW COMMENTS

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

WWW.CITYOFTULSA-BOA.ORC

coo{,57977-2020 5805 E 15 ST April15,2020

Note: As provided for in Section ?0.130 you may request the Board of Adjustment (BOA) to grant a

variance from the terms of the Zoning Gode requirements identified in the letter of deficiency below.

Please direct all questions concerning separat¡on d¡stance acceptance and all questions regardingBOA application forms and tues to the INCOG BOA Planner at 9{8-584-7526. lt is your responsibility tosubmit to our office documentation of any decisions by the BOA affecting the status of yourapplication so we may cont¡nue to process your application. INCOG does not act as your legal orresponsible agent in submitting documents to the Gity of Tulsa on your behalf. Staff reviewcomments may sometimes identiff compliance methods as provided in the Tulsa Zoning Gode. Thepermit 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 neitherrepresentation nor recommendation as to any optimat method of code solution for the proiect.

1. Sec.4O.225-D: A medical mar'rjuana dispensary may not be located within L000 feet of

another medical marijuana dispensary.

2. Sec.40.225-H: The separation distance required under 5ec.40.225-D must be measured in a

straight line between the nearest perimeter walls of the buildings (or portion of the

building, in the case of a multiple-tenant building) occupied by the dispensary.

Review comment: Submit a copy of the BOA accepted separation distance of 1000' from

other dispensaries. Please direct all questions concerning separation d¡stance acceptance

and all questions regarding BOA application forms and fees to Austin Chapman at

[email protected].

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

http:l/www.tmapc.orq/DocumentslTulsaZon i noCode.pdf

Please notifv the reviewer via email when vour revisions have been submitted

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

A hard copy of this tetter is available upon requêst by the applicant.

END - ZONING CODE REVIEW

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

THE ABOVE REFERENCED APPLICATION. ADDIT]ONAL ¡SSUES MAY DEVELOP WHEN THE REV¡EW CONTINUES UPON

RECEIPT OF ADDITIONÀL INFORMATION REQUESTED IN THIS LEfiER OR UPON ADDITIONAL SUBMITTAL FROM THE

APPLICANT,

KEEPAREA

OF TULSA BOARD OF METROPOLITANOUR OFF¡CE ADVISED OF ANY ACTION BY THE crwYOUR APPLICATION

ADJUSTMENT OR TU LSAPERMIT

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BOARD OF ADJUSTMENTCASE REPORT

STR: 9404CZM: 39

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Case Number: BOA-22883

HEARING DATE: 0411412020 1:00 PM

APPLICANT: Rita Garcia

ACTION REQUESTED: Special Exception to allow a fence or wall to exceed 8' in height and 4' inheight in the street setback (Sec. 45.080-A) and a Variance to allow a fence or wall to be locatedinside the City of Tulsa planned right-of-way along E. 11th St. S. (Sec. 90.090-A)

LOGATION: 13401 E 11 ST S ZONED: OL,CS

PRESENT USE: Residential TRACT SlzE: 435601.78 SQ FT

LEGAL DESCRIPTION: El2Wt2 SE SW SEC 4 19 14 10ACS

RELEVANT touS ACTIONS: None

RELATIONSHIP TO THE COMPREHENSIVE PLAN: The Tulsa Comprehensive Plan identifies thesubject property as part of a "Mixed-use Corridor " and an "Area of " Growth.

Mixed-Use Corridors are Tulsa's modern thoroughfares that pair high capacity transportationfacilities with housing, commercial, and employment uses. Off the main travel route, land uses includemultifamily housing, small lot, and townhouse developments, which step down intensities to integratewith single family neighborhoods. Mixed-Use Corridors usually have four or more travel lanes, andsometimes additional lanes dedicated for transit and bicycle use. The pedestrian realm includessidewalks separated from traffic by street trees, medians, and parallel parking strips. Pedestriancrossings are designed so they are highly visible and make use of the shortest path across a street.Buildings along Mixed-Use Corridors include windows and storefronts along the sidewalk, withautomobile parking generally located on the side or behind.

The purpose of Areas of Growth is to direct the allocation of resources and channel growth to whereit will be beneficial and can best improve access to jobs, housing, and services with fewer and shorterauto trips. Areas of Growth are parts of the city where general agreement exists that development orredevelopment is beneficial. As steps are taken to plan for, and, in some cases, develop or redevelopthese areas, ensuring that existing residents will not be displaced is a high priority. A major goal is toincrease economic activity in the area to benefit existing residents and businesses, and wherenecessary, provide the stimulus to redevelop.

ANALYSIS OF SURROUNDING AREA: The subject tract is located East of the NE/c of S 129th EAve and E. 11th Street S.

STAFF COMMENTS: The applicant is requesting Special Exception to allow a fence or wall toexceed I' in height and 4' in height in the street setback (Sec. 45.080-A) and a Variance to allow a

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fence or wall to be located inside the City of Tulsa planned right-of-way along E. 11th St. S. (Sec.90.090-A)

Section 45.089 FencEs and Walls

45,$gtþÀFences and walls within required building setbacks may not exceed I feet in height,except that in required street setbacks fences and walls rnðy not exceed 4 feet inheight However. in R zoned districts. fences up to I feet in height are permitted inside street setbacks of detached houses or duplexes located on corner lots and instreet setbacks abutting the rear lot line sf houses or duplexes located on doublefrontage lots. The board of adjustment is authorized to modi$ these fence andwall regulations in accordance with the special exception procedures of .$gçç¡gç

7fi,1¿S.

Section 9û.09S Sethacks

S.0q8-å üßeñefilr,ffitrtRequired setbacks ¿rre measured frorn the applicable lot line, right-of-way,planned right-of-way or location referred to below. Br.rilding setfoacks arerneasured to the nearest exterior building wall. Minimum setbacks that apply toother features (parking areâs¡ fences" stcrage areas) ðre m€aiured frorn theneareet point of the ãrea or feature for which a setbãck is required. See 59fL$9{h

{ lor inform¿tion on structures and building features that are ailawed to occupysetback and yard åreås in R zoning districts. Unless otherwise expressly stated,no part of any structure may be located within the street right-of-way, nor withinthe pfanned rtght-of-way of streets shown on the major street and highway plan.nor within 25 feet of the centerline of the right-of-way on streets not shown onthe major street and highway plan. lf a variance of the prohibitionagainst location of ¿ structure witfrin the right of way or planned right of way isgranted by the Board of Adjustment, no part of any structure rnðy be locatedwlthin the street right-oËrmay, nor within the planned right-oËway of streetsshown on the nnajor street and highway plan, nor within 25 feet of the centerlineof the right-of-wayrn streets not shown on the major streetand highway plan,unless a license has been granted by the {¡ty, in the case of the right-of-wäy, or aremoval ãgreernent has been entered lnto, in the case of the planned right-of-wåy.

East 11th Street is a Secondary Arterial at this location and there is 50' of planned right-of-way northof the center line. The applicant provided a site plan that shows the sturture located 41' from thecenter line of 11th Street. lf approved the applicant would need to negotiate a removal agreeementwith City Engineering.

STATEMENT OF HARDSHIP: None provided by the applicant.

SAMPLE MOTION:

Move to (approve/deny) a Special Exception Special Exception to allow a fence or wall

aa,9to exceed I' in height and 4' in height in the street setback (Sec. 45.080-A)

REVTSED 6/1"/2O2O

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

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 ofthe Code and will not be injurious to the neighborhood or othenryise detrimental to the public welfare.

Move to (approve/deny) a Variance to allow a fence or wall to be located inside the Cityof Tulsa planned right-of-way along E. 11th St. S. (Sec. 90.090-A)

o Finding the hardship(s) to be

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

Subject to the following conditions

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

a. That the physical surroundings, shape, or topographical conditions of the subject propertywould result in unnecessa4l hardships or practical difficulties for the property owner, asdistinguished 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 thep rovi sion's i nte n ded p u rpose ;

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

d. That the alleged practical difficulty or unnecessary hardshíp 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 will 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 will not cause substantial detriment to the public good orimpair the purposes, spind and intent of this zoning code or the comprehensive plan."

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The E/2 of the 1A//2 af the Sþ/4 of tlre $Wi in Secîion 4, l'or,vnship 19 North, Range i4 E¿st of thelndian Base ¿nd Meridian, Tulsa County, State of ûklahama, also larown as 13401 Ëast I ld, Stycet.

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åì1*:Jeff S. Taylor

Zoning OfficialPlans Examiner lll

TEL(9r8) 596-7637jstaylor@cityofr ulsa.org

RITA YAMIRA [email protected]

ZONING CLEARANCË PI-AN REVIEW

1t30t2020APPLICATION NO: BLDR-61698.2019

(PLËASE REFERENCE lHrS NUMBER WHEN CONTACTTNG OUR OFFTCE)Proiect Location: I3/;0l. E llfr st sDescription: Fntry Fencc

DEVELOPMENT SERVICES175 EAST 2Nd STREET, SUITE 450

TULSA, OKLAHOMA 74103

a2,91

)RiIAIION ABOUT SUBNllffTING REVISIONE

OUR REV]EWHAS IDENTIFIEÞ THE FOLLOWNG CODE OMISSIONS OR DEFICIENCIES IN THEPROJECTAPPLICATION FORMS, DRAWNGS, AND/OR SPECIFICATIONS. THE DOCUMENTS SHALLBE REVISED TO COMPLY WTH THE RËFERENCEÞ CODE SECTIONS.

REVISIONS NEED TO INCLUDE THE FOLLOWNG:1. A COPY OF THIS DËFICIENCY LETTER2. A WRITTEN RESPONSE AS TO HOW EACH REVIEW COMMENT HAS BEEN RESOLVED3. THE COMPLETED REVTSED/ADD|T|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 LOCATEDAT 175 EAST 2nd STREET, SUITE 450, TULSA, OKLAHOMA 74103, PHONE (918) 596-9601.THE CITY OF TULSA WLL ASSESS A RESUBMITTAL FEE. DO NOT SUBMIT REVISIONS TO THEPLANS EXAMINERS.

SUBMITTAI=S FAXEÐ / ETilATLED TO PL4.NS EXAIfiNERS,UnLL N,OT BE ACCEPTFD.

INFORIIA

1. SUBMIT TWO (2) SETS 14 SETS IF HEALTH DEPARTMENT REVIEW IS REQUIREDI OF REVISEDOR ADDITIONAL PLANS. REV¡SIONS SHALL BE IDENTIFIED WTH CLOUDS AND REVISIONMARKS.

2. INFORMATION ABOUT ZONTNG CODE, TNDIAN NATION COUNCIL OF GOVERNMENT (|NCOG),BOARD OF ADJUSTMENT (BOA), AND TULSA METROPOLITAN AREA PLANNING COMM]SSION(TMAPC) IS AVAILABLE ONLINE AT \MA/W.INCOG.ORG OR AT INCOG OFFICES AT2W.2nd ST.,8th FLOOR, TULSA, OK,74103, PHONE (918) 5S4-7526.

3. A coPY OF A'REcoRD sEARcH" Lllg f x tlS NoT INCLUDED WTH THts LETTER. pLEASEPRESENT THE "RECORD SEARCH'ALONG WTH THIS LETTER TO INCOG STAFF AT TIME OFAPPLYING FOR BOARD OF ADJUSTMENTACTION AT INCOG. UPON APPROVAL BY THE BOARDOF ADJUSTMENT, INCOG STAFF WLL PROVIDE THE APPROVAL DOCUMENTS TO YOU FORIMÍIIEDIATE SUBMIfiAL TO OUR OFFICE. (See revisíons submittalproædure above.).

(continued)

REVIEW COII,TMENTS

SECTIONS REFERENCED BELOWARE FROM THE CITY OF TULSA ZONING CODE TITLE 42 AND CAN BE VIEìA/ED ATWWW. CITYOFTULSA.BOA.ORG

Application No. BLDRSí598-2019

Note: As provided lor ln Scotion 70.130 you måy request the Board of Adjustment to grant e varlance lrorn theterms of füe Zonlng Code requirements ldéntifled ln äre letler of deficlency below. Pleese direot all questionsooncemlng variånoec, speclal axceptlona, appeals ol ¡n admlnisfiative ollialal dcaislon, ilaster planIlevelopmenb Dlstrlsts {lttPD}, Planned Unit Dcvelopnents (PUD}, Co¡ridor (CO} zoned distrlcte, zoning ohanges,platting, lot splits, lot comblnations, ¡ltemetive compllance landeoape end screening plans end all qucstioncregarding (BOAI or fiiliAFO) appllcaüon forn¡s and fcæ to an INCOG reprceentetive at 68¿l-7526. tt ls yourresponsibllity to submitto our ollioes doeument¿tion olany appffiãisi-ns oy an auttrãr¡2.ããGlon makingbody atTeotlng tñe status of your appllsstion so we rnây continue to process your application. lt{COG does not actaa your legal or responslble agent ln submitting dosumente to ûre City of Tuls¡ on youÍ bchalf.Stafr rcview commcnb may someümee ldcnüfy cornplianco mcthods as provided in thc Tulea Zonlng Code. Thepermit applic¡nt ls rceponslble for exploring all or any options avaflablc to addnres füc noncompllancc and submitthe selcoted compliance option for revlcw. Stalt review makcs neither representatlon nor rscommendation as toany optimal method of codc solution for thc proJeot

46.080-A Fences and walls within requirgd buil4inq setbacks may not exceed I feet in height, except that inrequired street setbacks (front setback) fences and walls may not exceed 4 feet in height. . However in Rzoned districts, fences up to B feet in height are permifted in side street setþacks of detached houses orduplexes located on corner lots and in street setbacks abutting the rear lot line of houses and duplexeslocated on double frontage lots. The boarcl-gfádjlslÐent is authorízed to modify these fences and waltregulations in accordance with tn@rcxccptjonlprocedures of section To.1zo.

Review Gomments- Provide documentation indicating the proposed fence will not exceed 4' in height in thefront setback and not exceed I' in height measured from grade or apply to BoA br a spgcial exceotion toallow a fence to exceed I' in height.

This letter of deflclencles oover¡ Zoning plan revlew items only. You may rcceive additional lettsrs from othcrdisoipllnes such as Buildlng or Watcr/SewcrtDmlnagc ior ltems not addresecd ln this le{!er. A hard copy of thls

lettsr is avsilable upon rËqueËt by the aBplicant

Please Noti$ Plans Examlner B¡ Emall lìlhen You Have Submltted A Rcvi¡ion. lf you orlginally rubnit paperplans, revislone must be submitted as peper plans. lÍ you submit online, revisloni mustbe suibmltted énfine

2

END -ZONING CODE REVIEW

NOTE: THIS CONSTITUTES A PLAN REVÍEW TO DATE IN RESPONSE TO THE SUBMITTED INFORMATION ASSOCIATED W|THTHE ABOVE REFËRENCED APPLICATION. ADDITIONAL ISSUES MAY DEVELOP ì^/}{EN THE REVIEW CONTINUES UPONRECEIPT OF AÐDITIONAL INFORMATION REOUESTED lN THIS LETTER OR UPON ADDITIONAL SUBMITTAL FROM THEAPPLICANT.

KEEP CIUR OFFICE ADVISED OF ANY ACTION BY THE CITY OF TULSA BOARD OF ADJUSTMENT OR TULSA METROPOLITANAREA PLANNING COMMISSION AFFECTING THE STATUS OF YOUR APPLICATION FOR A ZONING CLEARANCE PERMIT.

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BOARD OF ADJUSTMENTCASE REPORT

STR: 207 Case Number: BOA-22884CZlttl:. 22

GD: 1

HEARING DATE: 0412812020 1:00 PM

APPLICANT: Brandon Ledezma

ACTION REQUESTED: Variance of required 5 foot side yard setback in an RS-3 district (Section5.030, Table 5-3)

LOCATION: 4408 N DELAWARE AV E

PRESENT USE: Residential

ZONED: RS-3

TRACT SIZE: 20908.89 SQ FT

LEGAL DESCRIPTION: BEG 30W & 123.3N SECR N/2 NE SE NW TH N126.7 W144.24 51228144.32 POB SEC 17 20 13 .412AC

RELEVANT PREVIOUS ACTIONS: None

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

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 purpose of Areas of Growth is to direct the allocation of resources and channel growth to whereit will be beneficial and can best improve access to jobs, housing, and services with fewer and shorterauto trips. Areas of Growth are parts of the city where general agreement exists that development orredevelopment is beneficial. As steps are taken to plan for, and, in some cases, develop or redevelopthese areas, ensuring that existing residents will not be displaced is a high priority. A major goal is toincrease economic activity in the area to benefit existing residents and businesses, and wherenecessary, provide the stimulus to redevelop.

ANALYSIS OF SURROUNDING AREA:Ave. and E. 44th St. N.

The subject tract is located South of the SW/c N. Delaware

STAFF GOMMENTS: ThE Applicant is requesting Variance of required 5 foot side yard setback in

â3,7

an RS-3 district (Section 5.030, Table 5-3)

REVTSED s/24/2O2O

Table 5-3: R District Løt snd Euilding Fegu/øtions

Regulations RE lns-r ins-z I ns-¡ ins-¿ I ns-s I no I nr ln¡¡-o ln¡¡-r RM.2 RM.3 RMH

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5ide 1û

Rear 15

Per the site plan provided the the structure was built 2.5" away from the side property line.

STATEMENT OF HARSDHIP: The reason we built this porch there is because there use to be an oldgarage there. The garage was 1 ft away from the property line, so we thought it was right for us tobuild so close to the property line. ln front of the house there are sewer lines and natural gas. On thenorth side there are buried electric lines as well. We have our own company and we have all ourequipment and truck so we built it so that when it rained our equipment wouldn't be damaged.

SAMPLE MOTION: Move to (approve/deny) a Variance of required 5 foot side yard

setback in an RS-3 district (Section 5.030, Table 5-3)

Finding the hardship(s) to be

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

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 topographical conditions of the subiect propertywould result in unnecessary hardships or practical difficulties for the propeñy owner, asdistinguished from a mere inconvenience, if the strict letter of the regulations were carried out;

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

c. That the conditions teading to the need of the requested variance are unique to the subiectproperty and not applicabte, generally, to other propeñy within the same zoning classification;

d. That the atteged practicat difficulty 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 will 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 will not cause substantial detriment to the public good orimpair the purposes, spirit, and intent of this zoning code or the comprehensive plan."

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Jeff S. TaylorZoning Official

Plans Examiner lllTEL(918) 596-7637

jstaylor@cityoft ulsa.org

ZONING CLEARANCE PLAN REVIEWBrandon Ledezmabrandonledezma9S@gma¡l.com

1t18t2020

APPLICATION NO: BLDR-50998-2019 (PLEASE REFERENCETHTS NUMBERWHEN coNTAcTING oUROFFICE¡Project Location:4408 N Delaware Ave EDescription: Carport

DEVELOPMENT SERVICES175 EAST 2Nd STREET, SUITE 450

TULSA, OKLAHOMA 74103

1

INFORMATION ABOUT SUBMITTING REVISIONS

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

PROJECT APPLICATION FORMS, DRAWINGS, AND/OR SPECIFICATIONS. THE DOCUMENTS SHALLBE 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 RESOLVED3. THE COMPLETED REVISED/ADDITIONAL PLANS FORM (SEE ATTACHED)4. BOARD OF ADJUSTMENT APPROVAL DOCUMENTS, IF RELEVANT

REVISIONS SHALL BE SUBMITTED DIRECTLY TO THE CIry OF TULSA PERMIT CENTER LOCATEDAT 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 THEPLANS EXAMINERS.

SUBñ/IITTALS FAXED / EMAILED TO PLANS Ð(AMIINERS WILL NOT

IMPORTANT INFORMATION

1. SUBMTT TWO (2) SETS [4 SETS lF HEALTH DEPARTMENT REVIEW lS REQUIRED] OF REVISED^ñ ^ññtTt^ll^t

nl ^Àtô

ñrrt!ô!aÊ!ltô ôtt^t I hr tñrllltrlrñ l^rlTll ^¡ ^llñô ^tlñ

nrrtlôl^llUä AUU¡ ¡¡íJî\¡AL ¡Ji-A¡'\¡ij. KÊVi5it-rn¡5 itijËti-i- ijÉ ¡ijÊ¡\¡ii-¡É¡J vvl¡lì \,LLruutr flrìL, r\Evrùr\.rr\MARKS.

2. TNFORMATTON ABOUT ZONTNG CODE, INDIAN NATION COUNCIL OF GOVERNMENT (INCOG),

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

3. A COPY OF A "RECORD SEARCH" f T¡S f x 'lIS NOT INCLUDED WITH THIS LETTER. PLEASE

PRESENT 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

OF ADJUSTMENT, INCOG STAFF WILL PROVIDE THE APPROVAL DOCUMENTS TO YOU FOR

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

(continued)

e3,15

REVIEW COMMENTS

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

WWW. CITYOFTUL SA-BQA. OBG

Aoolication No. BLDR-50998-2019

Note: As provided for in Section 70.130 you may request the Board of Adjustment to grant a variance from theterms of the Zoning Gode 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 (TMAPG) application forms and fees to an INGOG representative at 584-7526. lt is yourresponsibility to submit to our offices documentation of any appeal decisions by an authorized decision makingbody affecting the status of your application so we may continue to process your application. INGOG does not actas 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 Gode. Thepermit applicant is responsible for exploring all or any opt¡ons available to address the noncompliance and submitthe selected compliance option for review. Staff review makes neither representation nor recommendation as toany optimal method of code solution for the project.

5.030-A: ln the RS-3 zoned district the minimum s¡de yard setback shall be 5 feet from the sideproperty line.

Review Gomments: Revise your plans to indicate a 5' side setback from carport to the propertyline, or apply to INCOG for a variance to allow less than a 5' side setback.

55.090-F Surfacing. All off-street parking areas must be surfaced with a dustless, all-weathersurface unless otherwise expressly stated in this zoning code. Pervious pavement or perviouspavement systems are allowed subject to the supplemental regulations of S55.090-F4. Parking areasurfacing must be completed prior to initiation of the use to be served by the parking.

Review Gomments: Provide a dustless all-weather parking surface from the public street to andunder the proposed carport or apply to the Board of Adjustment for a Variance (section 70.120) toallow a mater¡al other than an approved material meeting the requirements of 55.090-F.

This letter of deficiencies covers Zoning plan review items only. You may receive additional letters from otherdlsciplines 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.

Please Notify Plans Examiner By Email When You Have Submitted A Revision. lf you originally submit paperplans, revisions must be submitted as paper plans. lf you submit online, revisions must be submitted online

END -ZONING CODE REV¡EW

NOTE: THIS CONSTITUTES A PLAN REVIEW TO DATE lN RESPONSE TO THE SUBMITTED INFORMATION ASSOCIATED WITHTHE ABOVE REFERENCED APPLICATION. ADDITIONAL ISSUES MAY DEVELOP WHEN THE REVIEW CONTINUES UPONRECEIPT OF ADDITIONAL INFORMATION REQUESTED IN THIS LETTER OR UPON ADDITIONAL SUBMITTAL FROM THEAPPLICANT.

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

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BOARD OF ADJUSTMENTCASE REPORT

STR:9319CZM:47CD: 9

Case Number: BOA-22885

HEARING DATE: 0412812020 1:00 PM

APPLICANT: Susie Woody

ACTION REQUESTED: Variance to reduce the required 5 foot side yard setback in an RS-3 District(Sec. 5.030, Table 5-3) Variance to reduce the 20 foot side setback for a street facing garage on acorner lot (Sec. 80.020-8)

LOCATION: 1575 E 35 ST S ZONED: RS-3

TRACT SIZE: 7000.12 SQ FTPRESENT USE: Residential

LEGAL DESCRIPTION: LT-13-BLK-2, PARRAMORE ADDN

RELEVANT PREVIOUS ACTIONS: None

: The Tulsa Comprehensive Plan identifies thesubject property as part of an "Existing Neighborhood " and an "Area of Stability".

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 qualityof 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.

An Existing Neighborhood is intended to preserve and enhance Tulsa's existing síngle-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.

ANALYSIS OF SURROUNDING AREA: The subject tract is Located at the NW/c of S. Trenton Ave.and E. 35th St. S.

STAFF COMMENTS: The applicant is requesting Variance to reduce the required 5 foot side yardsetback in an RS-3 District (Sec. 5.030, Table 5-3) Variance to reduce the 20 foot side setback for astreet facing garage on a corner lot (Sec. 80.020-8)

â4,^REVTSED 6/1/2020

Chapter 5 | Residentläl DistrirtsSectian 5.030 | Lot ¿nd Building Regulations

Resulations RE I ns-r I ns-z I ns-¡ I ns-¿ I ns-s I no I nr ln¡¡-o lsrt¡-r I rM-z I nþr-s I nMHMin. Suilding 5etbacks {ft.}

Street,Arterial or serviEe rd,Other streets

5ideReãr l4I

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Chapter 5 I Residential Distri{tsSection 5"040 | Other Relevant Regulatbns

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STATEMENT OF HARDSHIP:

Not Provided by applicant at this time

SAMPLE MOTION: Move to (approve/deny) a Variance to reduce the required 5 footside yard setback in an RS-3 District (Sec. 5.030, Table 5-3) Variance to reduce the 20 foot sidesetback for a street facing garage on a corner lot (Sec. 80.020-8)

a Finding the hardship(s) to be

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

o? Ll .3

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a Subject to the following conditions

REVTSED 5/24/2O2O

In 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 topographical conditions of the subject propertywould result in unnecessa4f hardships or practical difficulties for the property owner, asdistinguished 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 theprovision's intended purpose;

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

d. That the alleged practical difficulty or unnecessa4l 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 will 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 will not cause substantíal detriment to the public good orimpair the purposes, spirit, and intent of this zoning code or the comprehensíve plan."

¿q .LlRWTSED 5/28/2O2O

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Legal Description (Document No. 2005099511)

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CORNERLOT THTRTEEN (13), BLOCK TVVO (2), PARRAMORE ADD|T|ON TO THE ClTy OFTULSA, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDEDPLAT THEREOF,0.5' EAST OF

LINE PHYSICALADDRESS: 157s E. 35TH STREET SOUTH, TULSA, OK 74105

FENCE CORNERts 0.5' EAsï oF

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Location MapFENCE CORNERIS 0.8'WEST OF

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1- ABSTRACT OF TITLE OR ATTORNEY'S TITLE OPINION NOT AVAILABLE TOSURVEYOR AT DATE OF SURVEY.

SCALE:1"=4000' 2. THIS FIRM WAS NOT CONTRACTED TO RESEARCH EASEMENTS ORENCUMBRANCES OF RECORD. NO ATTEI\4PT TO RESEARCH THE COUNTYRECORDS OR OTHER RECORD OFFICES WAS PERFORMED BY THIS FIRM,THEREFORE EASEMENTS MAY AFFECÎ THE SUBJECT TRACT THAT ARE NOTREFLECTED BY THIS PLAT.=

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3. THE BASIS OF BEARING IS BASED ON THE NON-ASTRONOMICAL GRIDBEARINGS OF THE OKLAHOMA STATE PLANE COORDINATE SYSTEM NAD83 -ZONE NORTH 3501,

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Þôdt** I, ALBERT JONES III, A PROFESSIONAL LAND SURVEYOR IN THE STATE OFOKLAHOMA, DO HEREBY STATE THAT THE ABOVE MAP REPRESENTS A SURVEYPERFORI\¡IED lN THE FIELD UNDER MY DIRECT SUPERVISIoN AND lS TRUE ANDCORRECT TO IHE tsEST OF MY KNOWLEDGE AND BELIEF AS OF THIS DATE. THISSURVEY MEETS OR EXCEEDS THE MINII\¡UM STANDARDS FOR SURVEYING IN THESTATÊ OF OKLAHOMA AS SET FORTH BY THE OKLAHOMA STATE BOARD OFREGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYOR'S AS OFTHIS DATE.

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align wîth physical features on the ground.SubjectTract

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19-14 31

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BOARD OF ADJUSTMENTCASE REPORT

STR: 9431

CZM:49CD= 7

Case Number: 80A-22886

HEARING DATE: 0411412020 1:00 PM

APPLICANT: JR Donelson

ACTION REQUESTED: Variance of the Parking Area Design Standards to permit an existing gravelparking lot (Sec. 55.090)

LOCATIOì: 5630 S 107 AV E; 5628 S 107 AV E ZONED: lL

PRESENT USE: Mulch Sod Sales and Landscaping TRACT SIZE: 107737.39 SQ FT

LEGAL DESCRIPTION: LTS 3 & 4 LESS N60 E200 LT 3 & LESS BEG NWC LT 3 TH E314.89SW162.53 5161 .47 W29676 N322.92 POB FOR H\ /Y BLK 2; N60 E200 LT 3 BLK 2, GOLDENVALLEY

Subiect Propertv: None

Surrounding Properties:

80A-22886; This requesting is a pending Variance request for the same relief sought by the subjectthe applicant to be heard on 4114120. Staff anticipates more requests of this nature along 107th E Avebetween E 56th St S and E 61st St S. City of Tulsa Code enforcement has issued several notices ofviolation along 107th that are in violation of Sec. 55.090.

BOA -18280; The Board approved a variance of the all-weather surfacing requirements for a period

of 2 years ending 01.12.2001. Property locate approximately 1,200' S of the SE/c of E 56th St S and S107th E Ave.

BOA-14124;On 7.10.86 the Board approved a variance of the screening requirements and the off-street parking design standards. Property located 5845 S 107th E. Ave.

RELATIONSHIP TO THE COMPREHENSIVE PLAN: The Tulsa Comprehensive Plan identifies thesubject property as part of an area of "Employment " and an "Area of Growth".

Employment areas contain office, warehousing, light manufacturing and high tech uses such as

clean manufacturing or information technology. Sometimes big-box retail or warehouse retaíl clubsare found in these areas. These areas are distinguished from mixed-use centers in that they have fewresidences and typically have more extensive commercial activity. Employment areas require accessto major arterials or interstates. Those areas, with manufacturing and warehousing uses must beable to accommodate extensive truck traffic, and rail in some instances. Due to the specialtransportation requirements of these districts, attention to design, screening and open space bufferingis necessary when employment districts are near other districts that include moderate residentialuse' as'a

REVisEÐ 6/L/2O2O

The purpose of Areas of Growth is to direct the allocation of resources and channel growth to whereit will be beneficial and can best improve access to jobs, housing, and services with fewer and shorterauto trips. Areas of Growth are parts of the city where general agreement exists that development orredevelopment is beneficial. As steps are taken to plan for, and, in some cases, develop or redevelopthese areas, ensuring that existing residents will not be dísplaced is a high priority. A major goal is toincrease economic activity in the area to benefit existing residents and businesses, and wherenecessary, provide the stimulus to redevelop.

lncluded in your packets are photos of the storm drains along 107th E. Ave. immediately outside of thesubject property. The requirement for an all-weather parking surface predates the improvements of107th E. Avenue.

ANALYSIS OF SURROUNDING AREA: The subject tract is located S of the SWc of E 56th St S andS 107th E Ave.

STATEMENT OF HARDSHIP:

Request for Variance:

We have operated Tulsa Sod & Mulch at the above location since November 2001. We have

cleaned and made great improvements to our property since 2001 . We have installed

cCIncrete in the business parking locations and gravel is in the drive lanes leading to our

landscape material¡.

The Golden Valley subdivision, located east of Highway 169 is zoned industrialwithapproximately 20 businesses. Many of these businesses were operating prior to the City ofTulsa paving South 107th E. Ave. in 2015. To require our business and the other existing

businesses in Golden Valley to comply with 'All weathe/ parking/driving surfaces is unrealistic.

The City of Tulsa Zoning Code should have taken into consideration existing businesses such as

ours when adopting a All off-street parking areas must be surfaced with a dustless, all-weather

surfaçe'policy.

Leaving our drive lanes gravelwill not adversely affect surrounding properties. The intendedpurpose of reducing dust can be achieved with our'Dust Abatement Program' for our business.

It is impractical for my existing business and my neighbors to close and install an 'All Weather

Surface'. The propefi to the west of this site is Highway 169, being 15 feet higher in eleyation.

Granting the l/ariance' will not chånge the character of the addition or will in no way €ause

detriment to the public. Granting the 'Variance' will in no way impair the purpose of the zoning

code or the comprehensive plan.

STAFF COMMENTS: The applicant is requesting a Variance of the Parking Area Design Standardsto permit an existing gravel parking lot (Sec. 55.090). This request would permít the exísting gravel

o2 5,5REVTSED 6/!/2020

parking areas and drive lane that do not conform to the surfacing requirements, striping requirementsof geometric standards for parking areas. A copy of Sec. 550.090 is included in your packets.

SAMPLE MOTION:

Move to (approve/deny) a Variance of the Parking Area Design Standards to permit anexisting gravel parking lot (Sec. 55.090)

Finding the hardship(s) to bea

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

a 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 topographical conditions of the subject propertywould result in unnecessary hardships or practical difficulties for the property owner, asdistinguished 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 theprovision's intended pu rpose ;

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

d. That the alleged practical difficulty or unnecessa4l 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 will 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 will not cause substantial detriment to the public good orimpair the purposes, spirit, and intent of this zoning code or the comprehensive plan."

å5,4REVTSED 6/t/2020

Chapter 55 | ParkingSection 55.090 | ParkingArea Design

Figure 55-4 Off-Site Parking Locotion

roff+ite parking

max, 1,000'betweenentrance ofuse and

farthest parking space

3. DesignOff-site parking areas must comply with all applicable parking area designregulations of -5-ecJion-55"Q9-0-. Off-site parking proposed to take place on a

newly constructed parking area must comply with the PK district lot andbu i I d i ng regu latio ns of 5-2_5.03Qtç.

4. Control of Off-Site Parking AreaThe property to be occupied by the off-site parking facilities must be under thesame ownership as the lot containing the use to be served by the parking. The

off-site parking area may be under separate ownership only if an agreement is

provided guaranteeing the long-term availability of the parking, commensuratewith the use served by the parking. The agreement must be filed of record inthe county clerk's office of the county in which the property is located. Off-siteparking privileges will continue in effect only as long as the agreement, bindingon all parties, remains in force. lf an off-site parking agreement lapses or is no

longer valid, then parking must be provided as otherwise required by thischapter.

55.090-A ApplicaThe parking area design regulations of this section apply to all off-street parkinglots for motor vehicles, whether containing required parking spaces or non-

required parking spaces.

55.090-8 lngress and Egress

All parking areas must be designed to allow vehicles to enter and exit a street and

cross public sidewalks in a forward motion, except that this requirement does notapply to lots with access on a minor street.

55.090-C StallSizeParking spaces must be at least 8.5 feet in width and 18 feet in length, exclusive ofaccess drives and aisles. ln parking areas where permanent wheel stops have been

r T-l

TULSA ZONf NG CODE I Decemher 09,2019page 55-1 8 o25,5

Chapter 55 | Parking

Section 55.090 | ParkingArea Design

installed, 2.5 feet of the parking space length (depth) beyond the wheel stop may

be counted as partof the required stall length if thatarea is unobstructed and notpart of another parking stall, drive aisle or sidewalk.

55.090-D Parking Area Layout (Geometr¡cs)Parking areas must be designed and marked in accordance with the dimensionalstandards of Iaþle_55_5, which shows minimum dimensions for various parking

layouts (angles). Requirements for layouts or angles not shown in faþ!e-55:5 may

be interpolated from the layouts shown, as approved by the developmentadministrator.

Toble 55-5: Porking Area Geometrics

12.0t20.012.0/20.0

45"12.0/20.011.0t19.016.0/21.0'ts.o/20.0

21.0/22.020.0t21.0-/24.0

18.0 -/22.010.0 18.0 -t20.o

= Stall Angle, = Stall Width, = Stall Length, = Aisle Width (1 -way/2-way)

Figure 55-5: Porking Areo Geometrics

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a5,lnTULSA ZONING CODE I December 09, 2019

Page 55-19

Chapter 55 | ParkingSect¡on 55.090 | Parking Area Design

55.090-E Tandem ParkingTandem parking spaces may be used to satisfy parking requirements forhousehold living uses when the spaces are assigned to the same dwelling unit. lnall other cases parking spaces must be designed to allow each parking space to be

accessed without passing through another parking space. Tandem parkingarrangements must have a minimum stall of 8.5 feet and a minimum length of 36

feet.

Figure 55-6: Tandem Porking

tandemparking

55.090-F Surfacing

L. All off-street parking areas must be surfaced with a dustless, all-weather surface unlessotherwise expressly stated in this zoning code. Pervíous pavement or pervious pavement systemsare allowed subject to the supplemental regulations of Section 55.090-F.4. Parking area surfacingmust be completed prior to init¡ation of the use to be served by the parking.

2. All motorized vehicles designed for travel upon public streets and that are being parked,

stored or displayed for sale must be parked, stored or displayed on dustless, all-weather surface.This surfacing requirement does not apply to junk or salvage yards. The board of adjustment ¡s

authorized to grant a special exception permitting the storage or display of motorized vehicles on asurface other than one consisting of a dustless, all-weather surface if the location complies with all

applicable minimum building setbacks.

3. ln RE and RS zoning districts, driveways serving residential dwelling units may not exceed500/o of the lot frontage or the following maximum widths, whichever is less, unless a greater width isapproved in accordance with the special exception procedures of -5.ec-tiqn-2Q,1.28., or, if in a PUD, in

accordance with the amendment procedures of .S-ec-tion-30,01-0:!,2. (Refer to the City of TulsaStandard Specifications and Details for Residential Driveways #701-704).

Maximum widthLot Frontage Less than 30' [2]Driveway Within Right-of-Way (feet) [1 ] 27', 26', 22', 20' 12'

Driveway Within Street Setback (feet) 30' 30'

[1] Maximum width applies to the composite of all driveways if multiple curb cuts are provided.

[2] Provided that for lot frontages less than 24feet, a driveway up to 12 feet in width is permitted.

7í'.+ 60'-74', 46'-59', 30'- 45',

TULSA ZONING CODE I December 09,2019page 55-20

"?5,-(

Chapter 55 | Parking

Section 55.090 | Parking Area Design

For approvals granted under the terms of the zon¡ng code in eftect prior to

January 1,2016, including (1) variances of maximum driveway coveragemeasured by width, square footage or percentage of yard and (2)

establishment of PUD development standards that increase the maximumpermitted driveway coverage measured by any such means, the foregoingmaximums do not apply.

4. Pervious pavement or pervious pavement systems, including pervious asphalt, perviousconcrete, modular pavers designed to funnel water between blocks, lattice or honeycomb shapedconcrete grids with turf grass or gravel filled voíds to funnel water, plastic geocells with turf grass orgravel, reinforced turf grass or gravel with overlaid or embedded meshes, resin-bound perviouspavement systems, or similar structured and durable systems are allowed as parking lot surfacingmaterials. Gravel, turf, or other materials that are not part of a structured system designed tomanage stormwater are not considered pervious pavement or a pervious pavement system.Pervious pavement and pervious pavement systems must comply with the following:

a. Materials must be installed and maintained in accordance with all

applicable city standards. Damaged areas must be promptly repaired.Gravelthat has migrated from a pervious pavement system onto adjacentareas must be regularly swept and removed.

b. Accessible parking spaces and accessible routes from the accessible spaceto the principal structure or use served must comply with the buildingcode.

c. Pervious pavement or pervious pavement systems are prohibited in areasused for the d¡spensing of gasoline or other liquid engine fuels or whereother hazardous materials are used or stored.

d. Pervious asphalt, pervious concrete, or modular pavers may be used fordrive aisles and driveways, but no other pervious pavement systems may

be used in such areas unless expressly approved by the developmentadministrator.

e. Pervious pavement or pervious pavement systems that utilize turf grass

may not be used to meet minimum off-street parking requirements, butmay be used for overflow parking spaces that are not used for requiredparking and that are not occupied on a daily or regular basis.

f. Pervious pavement or pervious pavement systems that utilize gravel withoverlaid or embedded mesh or geocells may be used only in industríalzoning districts.

C. Parking areas with pervious pavement or pervious pavement systems musthave the parking spaces marked as required by this chapter, except thatpervious pavement systems that utilize gravel or turf may use alternativemarking to indicate the location of the parking space, including markings atthe end of spaces on the drive aisle or curbing, wheel stops, or concrete orpaver strips in lieu of painted lines.

55.090-G Vertical ClearanceAll parking spaces must have overhead vertical clearance of at least 7 feet.

TULSA ZONING CODE I December 09,2019page 55-21 â5,8

Chapter 55 | Parking

Section 55.100 I Stacking Spaces for Drive-through Facilities

55.090-H Landscaping and ScreeningSee -C_h_aB_te_r_65.

55.090-l LightingSee -C-h-aB-te.r.6Z.

Section 55.100 Stacking Spaces for Drive-through Facilities

55.1 00-A Spaces Requiredln addition to the parking required for each use, establishments with drive-throughfacilities must provide stacking spaces for each drive-through station as indicatedin Taþle-55:6:

Toble 55-6: Drive-through Stocking Space Requirements

Use Minimum S ces

Automated teller machine 2

3

2

3

2

sured from ATM

sured from teller or service area)

sured from vehicle entrance)sured from vehicle entrance)sured from

BankCar wash, automated orCar wash, attendant hand wash

store wrn

Restau rant 3

2

sured from order board)sured from serviceKiosks

Other As determined by the development administrator

55.100-B DimensionsEach lane of stacking spaces must be at least 8 feet in width and at least 18 feet in

length. Stacking lanes must be delineated with pavement markings.

55.100-C Location and Design

1. stacking lanes must be located on the subject property. They may not be located withinrequired driveways or drive aisles, parking spaces or loading areas and may not interfere withaccess to parking and ingress and egress from the street.

z. All areas associated with drive-through facilities, including drive-through signs, stacking

lanes, trash receptacles, loudspeakers and service windows must be located to the rear or on the

non-street-facing side of the property. Drive-through lanes must be set back at least 1 0 feet fromabutting R- orAG-R- zoned lots, and a screeningwallorfence must be provided alongthe common

lot line in accordance with the F1 screening fence or wall standards of 5-6-5,-020:Ç'

55.100-D Pedestrian AccessThe principal pedestrian access to the entrance of the use from a public sidewalkmay not cross the drive-through facility stacking lane'

Section 55.1 10 Accessible Parking for People with Disab¡l¡t¡es

Accessible parking facilities must be provided in accordance with the building code.

Section 55.120 LoadingUnenclosed off-street loading areas may not be located within 50 feet of any abutting R- or AG-R-

zoned properties unless the loading areas is screened on all sides abutting the R- or AG-R- zoned

property in accordance with the F1 screening fence or wall standards of 5-6-5.020:-C-.

lULSA ZONING CODE I December 09, 2019PaEe 55-22 o25'q

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Gutter outs¡de oÍ business on 70Vh E Ave.

Gutter on TOVb E. Ave.

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Neighborhood I nvestigationsWORKING IN NEIGHBORHOODS

NOTICE OF VIOLATION - ZONING

To MORAN, JAMES R JR

5630 S ]-O7TH EAST AVE

TULSA, OK74146

Dear Property Owner and/or Occupant,

You are hereby notified of zoning code violations at (legal)

Compliance Date: 314/2020

LTS 3 & 4 LESS N6O E2OO LT 3 & LESS BEG NWC LT

TH E314.89 SW162.s3 51.6r.47 W296.76 N322.92POB FOR HWY BLK 2 GOLDEN VALLEY

DateCase

211.8/2020

zoNV-027889-2020

City of ïulsa, TULSA

5630 S 1O7TH EAST AVE

County State of Oklahoma; And located at the address of

X

ons:Home OccupatlonsCommercial VehiclesAccessory Uses

Mobile Storage UnitsGaragel/ard SalesParking Sudace

Recreation VehiclesFences and WallsPermit Needed

Add itiona I comments, descriptions or d irections ALL OFF-STREET PARKING MUST BE CONFINED TO AN ALL,

WEATHER PARKING SURFACE SUCH AS CONCRETE OR ASPHALT

See back of pa.qe for what the resolution of each violation requires.

You still have time to correct the issue(s) at your property. To comply, must correct all violations priorto the compliance deadline listed on this notice above. lf you are unable to correct any or all theviolation(s) Iisted above, contact the Code Official listed below to work out an acceptable plan to bringyour property into compliancè. Ensure that all family members, employees, and/or contractors, etc. arefamiliarized with and adhere to these regulations. Additional notices will not be sent if recurringviolations are found in the future.

Failure to make the correction may result in the issuance of a criminal citation or civil remedial penaltiesnot to exceed $1,000.00 per day. Failure to comply may also result in revoking or withholding permits,certificates or other forms of authorization issued by the City of Tulsa; and/or any other remediesallowed by law.

Your property is an important investment for you and the community. I urge you to make the necessarycorrections to eliminate all violations so that no further enforcement will be necessary.

Please understand that it is ultimately the responsibility of the owner to ensure these violations areco civil agreements or rental agreements do not alleviate the owner of this responsibility

Tha u

ity of Tulsa - Working in Neighborhoodslada ms@cityoftu lsa. org91 8-596-zsgs

"?5. l¿-l

Ânnaals'You mav anoealthe administrative official's decision by filing a complete appeal application (1) with the

Neighborhood I nvestigationsWORKING IN NEIGHBORHOODS

NOTICE OF VIOLATION - ZONING

:o MORAN, JAMES JR

5628 S 1.O7rH EAST AVE

TULSA, OK741466715

DateCase

2/17/2020zoNV-027892-2020

Compliance Date: 3/3/2020

Dear Property Owner and/or Occupant,

You are hereby notified of zoning code violations at (legal) N6O E2OO LT 3 BLK 2 GOLDEN VALLEY

City of Tulsa, TULSA County State of Oklahoma; And located at the address of:i628 S 1O7TH EAST AVE

X

ViolatioHome OccupationsCommercial VehiclesAccessory Uses

Mobile Storage UnitsGaragel/ard SalesParking Surface

Recreation VehiclesFences and WallsPermit Needed

AdcJitional comments, descriptions or directions ALL OFF-STREET PARKING MUST BE CONFINED TO AN ALL-I¡VT-ATHËR PARKING SURFACE SUCH AS CONCRETE OR ASPHALT

See back of page for what the resolution of each violation requires.

You still have time to correct the issue(s) at your property. To comply, must correct all violations priorto the compliance deadline listed on this notice above. lf you are unable to correct any or all theviolation(s) listed above, contact the Code Official listed below to work out an acceptable plan to bringyour property into compliance. Ensure that all family members, employees, and/or contractors, etc. arefamiliarized with and adhere to these regulations. Additional notices will not be sent if recurringvir:lations are found in the future.

failure to make the correction may result in the issuance of a criminal citation or civil remedial penaltiesr:r¡t to exceed $1,000.00 per day. Failure to comply may also result in revoking or withholding permits,rertificates or other forms of authorization issued by the City of Tulsa; and/or any other remedies;lllowed by law.

Your property is an important investment for you and the community. I urge you to make the necessarycorrections to eliminate all violations so that no further enforcement will be necessary.

Please understand that it is ultimately the responsibility of the owner to ensure these violations areco Any civil agreements or rental agreements do not alleviate the owner of this responsibility

Th

ADAM

City of Tulsa - Working in Neighborhoodsi a da m s@cityoftu lsa. o rg91 8-596-7se8 a5. l5

Appeals: You may appealthe administrative official's decision byfiling a complete appealapplication (1) with theofficial listed above c/o the Tulsa City Clerk AND (2) with the Director of the Tulsa Planning Office at INCOG, at the

Tulsa Sod & Mulch5628 So. lot'h e. ere,

Tulso, Oklohoma 74746

February 26,2020

Ms. LoriWright

City of Tulsa District No. 7

Re: Notice of Violation

A Notice of Violation - Zoning from Neighborhood lnvestigations was issued on February 18,

2O2Ofor our business at 5628 and 5630 So. L07th E. Ave. The violation was stated, Zoning

Code:'42.55.090-F All weather surface' violation.

We have operated our businesses at this location since 2001. The parking surface was gravel

when we began operating our business. The previous owner had a house, grass and gravel. We

do have a Dust Abatement Program in place for our business, considering our location next to

highway 169. A copy of that program is attached to this letter.

We and other business owners along 107th E. Ave. believe it was very unprofessional of the City

of Tulsa to show up at our businesses, issuing a notice of violation with a threat of a criminal

citation of up to S1000.00 per day, without knowing the history of this property or other

properties at this location. lt ls apparent that the C¡ty of Tulsa and the Zoning Code did not take

into account existing businesses when this requirement was initiated, which affects a large

number of existing businesses along 107th E. Ave. and in the City of Tulsa.

We will exercise our option and make an application to the City of Tulsa Board of Adjustment,

requesting a Variance to 'All Weather Surface' requirement as an existing business, unless Ms

Wright you can intercede on our behalf and other businesses, before the City Council.

Thank you,

James Moran Jr

Tulsa Sod & Mulch

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BOARD OF ADJUSTMENTCASE REPORT

STR: 931 1

CZM: 38

GD: 5

Case Number: BOA-22889

HEARING DATE: 0411412020 1:00 PM

APPLICANT: Brenda Lara

ACTION REQUESTED: Special Exception to permit a carport in the street yard and street setbackwith modifications to increase to permitted height and length of a carport and to increase the allowedobstructíons of the sides of the carport in a RS-3 District (Sec.90.090-C.1)

LOCATION: 1553 S 74 AV E ZONED: RS-3

PRESENT USE: Residential TRACT SIZE: 8903.7 SQ FT

LEGAL DESCRIPTION: LT 13 BK 3 , MOELLER HGTS

RELEVANT PREVIOUS ACTIONS: None

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

The Areas of Stability include approximately 75o/o 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 qualityof 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.

The purpose of Areas of Growth is to direct the allocation of resources and channel growth to whereit will be beneficial and can best improve access to jobs, housing, and services with fewer and shorterauto trips. Areas of Growth are parts of the city where general agreement exists that development orredevelopment is beneficial. As steps are taken to plan for, and, in some cases, develop or redevelopthese areas, ensuring that existing residents will not be displaced is a high priority. A major goal is toincrease economic activity in the area to benefit existing residents and businesses, and wherenecessary, provide the stimulus to redevelop.

ANALYSIS OF SURROUNDING AREA: The subject tract is located South of the SE/c of 74 E. Aveand E. 1sth St.

STAFF COMMENTS: The applicant is requesting Special Exception to permit a carport in the streetyard and street setback with modifications to increase to permitted height and length of a carport andto increase the allowed obstructions of the sides of the carport in a RS-3 District (Sec.90.090-C.1).lncluded in your packets are photos of the installed carport. The percentage of obstruction is not _

eb '2REVTSED 6/1,/2O2O

wr¡tten on the plans but per the photos one side of the carport is completely obstructured putting thatpercentage at approximately 100% on the Northern side.

1, Carpoftsfarports are allowecl in street setbacks and yards in R zoning districts only ifapproved in accordance with the special exception procedures of $-eçtiçn

lÊ*¿-e. Any carport that occupies all or ã pofthn of the street setbark or streetyard area must comply with the following regulations, unless otherwiseexpressly approved by the board of adjustment as part of the special exceptionpro{ess:

-. A carport may be a detached accessory building or än integral part of theprincipal building.

b" The are¿ of a rarport may not exceed 20 feet in length by 20 feet in width.

r* A detached carport rnay not exceed I feet in height at its perirneter or 18feet in height at its highest point. A carport ereded as än integral part ofthe principal building may not exreed I feet in height within 10 feet of aside lot line or 1B feet at its highest pcint.

d. The carport structure must be sethack frorn slde lot lines by a minimumdistance of 5 feet or the depth of the principal building setback, whicheveris a greater distance from the side lot line.

e. The carport structure rnåy project into the required street setback by a

maximum distance of 2O feet. This distance must be rneasured from therequired street setback line or the exterior building wall of the principalbuilding whichever resulB in the least obstruction of the street setback.

f, All sides of a carport that are within the required street setback must beopen and unobstructed, except for support columns, which may notobstruct more than 1 596 of the area of any side.

E The entire area under a carport rnay be used onþ for storage of operable"licensed nmtor vehicles {i.e., cars, boats, pickup truckg våns, sport utilityrrehicles), which are customariþ ac(essory to the dwelling. No other use ofthe carport area is allowed.

SAMPLE MOTION: Move to (approve/deny) a Special Exception to permit a carport inthe street yard and street setback with modifications to increase to permitted height and length of acarport and to increase the allowed obstructions of the sides of the carport in a RS-3 District(Sec.90.090-C.1)

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

eb,qREVISED 6/X/2020

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Facing North on 74th E. Ave

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Jeff S. TaylorZoning Official

Plans Examiner lllTEL(918) 596-7637

jstaylor@cityoft ulsa. org

Brenda Laralaravbr@gma¡l.com

DEVELOPMENT SERVIGES175 EAST 2Nd STREET, SUITE 450

TULSA, OKLAHOMA 74103

ZONING CLEARANCE PLAN REVIEW

2t20t2020APPLIGATION NO: BLDR-531 71 -2020

(PLEASE REFERENCE THIS NUMBERWHEN CONTACTING OUR OFFICE)Project Location: CarportDescription: 1553 S 74th Ave E

1

OUR REVIEW HAS IDENTIFIED THE FOLLOWNG CODE OMISSIONS OR DEFIC¡ENCIES IN THEPROJECTAPPLICATION FORMS, DRAWINGS, AND/OR SPECIFICATIONS, THE DOCUMENTS SHALLBE 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 RESOLVED3. THE COMPLETED REVISED/ADDIÏONAL PLANS FORM (SEE ATTACHED)4. BOARD OF ADJUSTMENTAPPROVAL DOCUMENTS, IF RELEVANT

REVIS¡ONS SHALL BE SUBMITTED DIRECTLY TO THE CITY OF TULSA PERMIT CENTER LOCATEDAT 175 EAST 2Nd STREET, SUITE 450, TULSA, OKLAHOM A 74103, PHONE (918) 596-9601 .

THE CITY OF TULSA WLL ASSESS A RESUBMITTAL FEE. DO NOT SUBMIT REVISIONS TO THEPLANS EXAMINERS.

SUBMITTALS FAXED / EMAILED TO PLANS Ð(AMINERS WILL NOT BE ACCEPTED.

1. SUBMIT TWO (2) SETS [4 SETS tF HEALTH DEPARTMENT REVTEW lS REQUIRED] OF REVISEDOR ADDITIONAL PLANS. REVISIONS SHALL BE IDENTIFIED WITH CLOUDS AND REVISIONMARKS.

2. TNFORMATTON ABOUT ZONTNG CODE, |NDIAN NATION COUNCIL OF GOVERNMENT (¡NCOG),BOARD OF ADJUSTMENT (BOA), AND TULSA METROPOLITAN AREA PLANNING COMMISSION(TMAPC) ¡S AVATLABLE ONLINE AT \^/V\ AT.INCOG.ORG OR AT INCOG OFFICES AT

- 2W.2nd ST., 8th FLOOR, TULSA, OK, 74103, PHONE (918) 584-7526.

3. A COPY OF A "RECORD SEARCH" T IIS f x IIS NOT INCLUDED WITH 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 BOARDOF ADJUSTMENT, INCOG STAFF WILL PROV]DE THE APPROVAL DOCUMENTS TO YOU FORIMMEDIATE SUBMITTAL TO OUR OFFICE. (See revisions submittal procedure above.).

(continued)

o?u,t(

SECTIONS REFERENCED BELOWARE FROM THE CITY OF TULSA ZONING CODE TITLE 42 AND CAN BE VIEWED AThttp ://tu lsaplan n inq. orglplanslTu lsaZon i ngCode. pdf

No. BLDR-53171-2020

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Special exception âpproval required; see $90.090-C1.

1. Sec.90.090-C.1 Carports: Carports are allowed in sheet 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 sheet setback or street yard area must comply with the followingregulations, unless otherwise expressly approved by the board of adjustment as part of the special

exception process:

a. A carport may be a detached accessory building or an integral part ofthe principal building.

b. The area of a carport may not exceed 20 feet in length by 20 feet in width.

ln

within 10 feet of a side lot line or 18 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.

This distance must be measured from the required street setback line or the exterior buildins wall ofthe orincinal buildins. whichever results in the least obstruction of the street setback.

for supoort columns. which mav not more than l5% of the area of anv 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 utilþ vehicles), which are customarily accessory to the

dwelling. No other use of the carport area is allowed

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Review comment: The proposed carport is located in the street setback area and requires specialexception granted by the BOA. Please contact an INCOG representative at 918-584-7526 for furtherassistance. Please note: the regulations underlined above must be addressed as part of the specialexception process as the proposed structure is not in compliance with said regulations as submitted. Ifapproved, submit a copy ofthe approved special exception as a revision to your application.

)l¡: r,iì.r¡ìii

NOTE: THIS CONSTITUTES A PLAN REVIEW TO DATE lN RESPONSE TO THE SUBMITTED INFORMATION ASSOCIATED WITHTHEABOVE REFERENCED APPLICATION. ADDITIONAL ISSUES MAY DEVELOP WHEN THE REVIEWCONTINUES UPONRECEIPT OF ADDITIONAL INFORMATION REQUESTED IN THIS LETTER OR UPON ADDITIONAL SUBMITTAL FROM THEAPPLICANT.

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

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BOARD OF ADJUSTMENTCASE REPORT

STR:9319CZM:47CD: 9HEARING DATE: 0411412020 1:00 PM

Case Number: BOA-22890

APPLICANT: Kathy Wilson

ACTION REQUESTED: Special Exception to permit aType-2 Home Occupation (Piano Studio) in anRS-3 District (Section 45.100-G).

LOCATION: 1440 E 36 PL S

PRESENT USE: Residential/ Piano Studio out of Home

LEGAL DESCRIPTION: LT 5 BLKZ, LEOKI PLACE

RELEVANT PREVIOUS ACTIONS: None.

ZONED: RS-3

TRACT SIZE: 14701.56 SQ FT

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

The Areas of Stability include approximately 75o/o 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 qualityof life. The concept of stability and growth is specifícally designed to enhance the unique qualities ofolder neighborhoods that are looking for new ways to preserve their character and quality of life.

The purpose of Areas of Growth is to direct the allocation of resources and channel growth to whereit will be beneficial and can best improve access to jobs, housing, and services with fewer and shorterauto trips. Areas of Growth are parts of the city where general agreement exists that development orredevelopment is beneficial. As steps are taken to plan for, and, in some cases, develop or redevelopthese areas, ensuring that existing residents will not be displaced is a high priority. A major goal is toincrease economic activity in the area to benefit existing residents and businesses, and wherenecessary, provide the stimulus to redevelop.

ANALYSIS OF SURROUNDING AREA: The subject tract is located at the SWc of S. Rockford andE. 36th Pl S. The Subject property is immediately across from 36th Pl. from

STAFF COMMENTS: The applicant is requesting Specral Exception to permit a Type-2 HomeOccupation (Piano Studio) in an RS-3 District (Section 45.100-G)

o?1.4REVTSED 5/28/2020

45.1 00-G Where Allowed

1. Type 1 Home OccupationsType i home occupations are permitted as of right as an accessory use to a

principal use in the household living use category. Type t home occupations

are subject to the general regulations of 9-45.1--0-0:H--and the supplementalreeulations of 545.1 00-1.U

2. Type 2 Home Occupations

a" Type 2 horne accupations may be approved as an accessory use to aprincipal use in the household living use category through the special

exception procedures of -5-e-c-tiç-n-7-0-.1-29-.Type 2 home occupations are

subject to the general regulations of 54-5.,1--Q-Q:H- and the supplementalregulations of Section -4-5.1-00:J.

b. Type 2 home occupations may be approved as an accessory use to a

principal use in the household living use category through mandatorydevelopment plan provisions defined in -Z-8Q40;.8--!.. Type 2 homeoccupations are subject to the general regulations of 5-e-c-tiqn-45-.J-0-0-:H. and

the supplemental regulations of Section 4-5,,L99:l-or as may be furtherregulated in a mandatory development plan.

Type-2 Home Occupations are subject to the supplemental regulations of Sec. 45.100-J

45.100-J Supplemental Regulations for Type 2 Home Occupations

1. Only uses approved in accordance with the special exception procedures of 5-eE_ti-o_n_28,1_20_

or through a mandatory development plan are allowed as type 2 home occupations.

2. At least one individual engaged in the home occupation must reside in the dwelling unit ínwhich the home occupation is located as their primary place of residence.

3. No more than 3 clients or customers may be present at any one time on the site of a type 2

home occupation. Family members of the client or customer are not counted towards the 3-person

limit.

4. A maximum of one nonresident employee is allowed with a type 2 home occupation if no

customers or clients come to the site at any time. Home occupations that have clients, customers orstudents coming to the site may not have nonresident employees and vice-versa. For the purpose ofthis provision, the term "nonresident employee" includes an employee, contrâctor, business partner,

co-owner or any other person affiliated with the home occupation, who does not live at the site, butwho visits the site as part of the home occupation.

5. Type 2 home occupations and all related activities, including storage (otherthan the lawfulparking of passenger vehicles), must be conducted entirely within the principal residential building

or an allowed accessory building.

o?1,3REVTSED 5/28/2020

SAMPLE MOTION:Move to

a

(approve/deny) a Special Exception to permit a Type-2 Home Occupation(Piano Studio) in an RS-3 District (Section 45.100-G)

Per the Conceptual Plan(s) shown on page(s)

-

of the agenda packet.

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 ofthe Code and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

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RW|SÊD 5/24/2O2O

Subject property

Focing East on 36th H.

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Eliot Elementary School is immediately across 36th Pl. from the Subiect property

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Jeff S. TaylorZoning Official

Plans Examiner lllTEL(9í8) 596-7637

[email protected] rg

Kathy Wilsonokathyw@sbcg loba I.net

ZONING CLEARANCE PLAN REVIEW

2t22t2020APPLICATION NO: ZCA- 53443-2020

(prEÁsE REFERENCE TH|S NUMBERWTúEN CONTACTTNG OUR OFHCÐProject Location:1440 E 36th pl SDescription: Type 2 home occupation

DEVELOPMENT SERVICES175 EAST 2Nd STREET, SUITE 450

TULSA, OKLAHOMA 74103

1

INFORMAT¡ON ABOUT SUBMITTING REVISIONS

OUR REVIEW HAS IDENTIFIED THE FOLLOWNG CODE OMISSIONS OR DEFICIENCIES IN THEPROJECTAPPLICATION FORMS, DRAWNGS, AND/OR SPECIFICATIONS. THE DOCUMENTS SHALLBE REVISED TO COMPLY WTH THE REFERENCED CODE SECTIONS.

REVISIONS NEED TO INGLUDE THE FOLLOWNG:1. A COPY OF THIS DEFICIENCY LETTER2. A WRITTEN RESPONSE AS TO HOW EACH REVIEW COMMENT HAS BEEN RESOLVED3. THE COMPLETED REVISED/ADDITIONAL PLANS FORM (SEE ATTACHED)4. BOARD OF ADJUSTMENTAPPROVAL DOCUMENTS, IF RELEVANT

REVISIONS SHALL BE SUBMITTED DIRECTLY TO THE CITY OF TULSA PERMIT CENTER LOCATEDAT 175 EAST 2nd STREET, SUIrE 450, TULSA, OKLAHOM A 74103, PHONE (918) 596-9601.THE C]TY OF TULSA WLL ASSESS A RESUBMITTAL FEE. DO NOT SUBMIT REVISIONS TO THEPLANS EXAMINERS.

SUBMITTALS FAXEÙ / EMATLED Tq PLANS EXAM//NERS W\LL NOT BE ACCEPTED.

IMPORTANT ¡NFORMATION

1. SUBMIT TWO (2) SETS [4 SETS rF HEALTH DEPARTMENT REVTEW lS REQUTRED] OF REVISEDOR ADDITIONAL PLANS. REVISIONS SHALL BE IDENTIFIED WTH CLoUDS AÑD REVISIoNMARKS.

2. INFORMATION ABOUT ZONTNG CODE, tNDtAN NATTON COUNCTL OF GOVERNMENT (|NCOG),BOARD OF ADJUSTMENT (BOA), AND TULSA METROPOLITAN AREA PLANNING COMMISSIOÑ(TMAPC) lS AVAILABLE ONLTNE AT\

^M/ü.TNCOG.ORG OR AT TNCOG OFFICES AT

_ 2 W. 2nd ST., Irh FLOOR, TULSA, OK, 74103, PHONE (918) 584_7526.

3. A COPY OF A'RECORD SEARCH, I IIS f x IIS NOT INCLUDED WTH THIS LETTER. PLEASEPRESENT THE -RECORD SEARCH" ALONG WTH THIS LETTER TO INCOG STAFF AT TIME OFAPPLYING FOR BOARD OF ADJUSTMENT ACTION AT INCOG, UPON APPROVAL BY THE BOARDOF ADJUSTMENT, INCOG STAFF WLL PROVIDE THE APPROVAL DOCUMENTS TO YOU FORIMMEDIATE SUBMITTAL TO OUR OFFICE. (See revisions submittalprocedure above.).

(continued)

e\ ,7

REVIEW COMMENTS

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

http://tulsaplan ning.org/plansÆulsaZoningCode. pdf

Application No. ZCO- 534É'3-2020

Note: As provided for in Section 70.130 you may request the Board of Adjustment to grant a variance from theterms of the Zoning Code requirements identified in the letter of deficiency below. Please direct all questionsconcerning variances, special exceptions, appeals of an administrative official decision, Master PlanDevelopments Districts (MPD), Planned Unit Developments (PUD), Corridor (CO) zoned districts, zoning changes,platting, lot sptib, lot combinations, altemative compliance landscape and screening plans and all ouestionsreoardino {BOAì or ÍTMAPC} application fomls and fees to an INCOG representative at 584-7526. lt is yourresponsibility to submit to our offices documentation of any appeal decisions by an authorized decision makingbody affecting the status of your application so we may continue to process your application. INGOG does not actas your legal or responsible agent in submitting documents to the City of Tulsa on your behalf.Staff rcview comments may sometimes identify compliance methods as provlded in the Tulsa Zoning Code. Thepermit applicant is responsible for exploring all or any options available to address the noncompliance and submitthe selected compliance option for review. Staff review makes neither representation nor recommendation as toany optimal method of code solution for the project.

45.100-G Where Allowed2. Type 2 Home Occupations

a. Type 2 home occupations may be approved as an accessory use to aprincipal use in the household living use category through the specialexcept¡on procedures of Section70Í20. Type 2 home occupations aresubject to the general regulat¡ons of S45.100-H and the supplementalregulat¡ons of Section 45.100-J.

Review comments: Apply to BOA for a specialexception to allow a p¡ano Studio out ofHome as a type 2 home occupation.

45.100J, Supplemental Regulations for Type 2 Home Occupations#3. No more than 3 clients or customers may be present at any one t¡me on thesite of a type 2 home occupation. Family members of the client or customerare not counted towards the 3-person limit.

Review comments: To allow more than 3 clients to be present at any one time you willneed to apply for a variance to allow more than 3 clients.

2gå'('.

This letter of deficiencies covens Zoning plan review items only. You may receive additional letters from otherdisciplines such as Building or WaterlsewerlÐrainage for items not addressed in this letter. A hard copy of this

letter is available upon request by the applicant

Please Notify Plans Examiner By Email When You Have Submitted A Revision. lf you originally submit paperplans, revisions must be submitted as paper plans. lf you submit online, revisions must be submitted online

END -ZONING CODE REVIEW

NOTE: THIS CONSTITUTES A PLAN REVIEWTO DATE lN RESPONSE TO THE SUBMITTED INFORMATION ASSOCIATED WITH

THE ABOVE REFERENCED APPLICATION. ADÞITIONAL ISSUES MAY DEVELOP VVTIEN THE REVIEWCONTINUES UPON

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

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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Lot Five (5), Bl-ock Tvro (2), },A0KI PLACii, an AddiLion Lcr e1. l^Lhe CiLy of Tul-s¡a,'fulsa CounLy, SLale of Oklahoma, accorrlín¡1.^ +Li^ D^^^*l^-¡ Ð1^r ¡L^*^^f, ^-l 1-----., 1rl^ ñ,-¡

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BOARD OF ADJUSTMENTCASE REPORT

STR: 9202CZM: 36

CD:4HEARING DATE: 0411412020 1:00 PM

Case Number: BOA-22892

APPLIGANT: Dale Bennett

ACTION REQUESTED: Variance to permit additional dynamic display signage on a single lot (Sec.60.080-E)

LOCATION:. 200 S DENVER AV W

PRESENT USE: BOK Center

ZONED: CBD

TRACT SIZE: 462400.01 SQ FT

LEGAL DESCRIPTION: LT 1 BLK 1, TULSA REGIONAL CONVENTION AND EVENTS CENTERRESUB PRT OT TULSA

RELEVANT PREVIOUS AGTIONS:

Subject Property:

BOA-22449; On 6.13.17 the Board approved two dynamic display signs on the subject property anda variance to allow a dynamic display within 20 feet of a driving surface.

Surrounding Property: None

RELATIONSHIP TO THE COMPREHENSIVE PLAN: The Tulsa Comprehensive Plan identifies thesubject property as part of the " Downtown Core" and an "Area of Growth"

Downtown Core is Tulsa's most intense regional center of commerce, housing, culture, andentertainment. lt is an urban environment of primarily high-density employment and mixed-useresidential uses, complemented by regional-scale entertainment, conference, tourism, andeducational institutions. Downtown Core is primarily a pedestrian-oriented area with generoussidewalks shaded by trees, in-town parks, open space, and plazas. The area is a regional transithub. New and refurbished buildings enhance the pedestrian realm with ground-floor windows andstorefronts that enliven the street. To support downtown's lively and walkable urban character,automobile parking ideally is located on-street and in structured garages, rather than in surfaceparking lots.

The purpose of Areas of Growth is to direct the allocation of resources and channel growth to whereit will be beneficial and can best improve access to jobs, housing, and services with fewer and shorterauto trips. Areas of Growth are parts of the city where general agreement exists that development orredevelopment is beneficial. As steps are taken to plan for, and, in some cases, develop or redevelopthese areas, ensuring that existing residents will not be displaced is a high priority. A major goal is toincrease economic activity in the area to benefit existing residents and businesses, and wherenecessary, provide the stimulus to redevelop.

&8,4REVTSED 5/24/2O2O

ANALYS¡S OF SURROUNDING AREA: The subject tract is the BOK Center Located at the NWc ofE. 3rd Street and S. Denver Ave.

STAFF COMMENTS: The applicant is requesting a Variance to permit additional dynamic display

signage on a single lot (Sec. 60.080-E)

e dynamic display may not exceed the maximum sign

area allowed for the respective sign type or 48 square feeÇ whichever is lesç. The

sign area allowed for a dynamic display is not in addition to the maximum sign

lULSA zONING CODE I De(ernbêr û9, 2o1sPãge 60-1f

chàpter 60 | 5ign5gection 60.080 | s¡gns in Mixed-use, Commercial and lndustrial Zoning Districts

area allowed for a w¿ll, projecting or freestanding sign, but rather ís counted ¿s

part of the maximum area of the wall" projecting or freestandíng sign. Only one,

contiguous dynamic dísplay is ¿llowed on a wall, projecting or freestanding sign

face. Off-premise outdoor advertising signs that incorporate a dynamic display are

subject to the dynamic display regulations of Ssctinn-6Ç.L00.

STATEMENT OF HARDSHIP: As of the writing of this report the applicant has not provided ahardship to staff.

SAMPLE MOTION: Move to (approve/deny) a Variance to permit additional dynamíc

display signage on a single lot (Sec. 60.080-E)

o Finding the hardship(s) to be .

. Per the Conceptual Plan(s) shown on page(s)

-

of the agenda packet.

. 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 sunoundings, shape, or topographical conditions of the subiect property

would result in unnecessa4l hardships or practical difficulties for the property owner, as

distinguished 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 thep rovi s¡o n's i nte n ded p u rpose ;

c. That the conditions teading to the need of the requested variance are unique to the subiectpropeñy and not appticable, generally, to other property within the same zoning classification;

'?ß,3REVTSED 5/28/2O2O

d. That the alleged practical difficulty 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 will 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 will not cause substantial detriment to the public good orimpair the purposes, spirit, and intent of thís zoning code or the comprehensive plan."

åB.LIRWISÊù 5/24/2O2O

Commonú ¡nd Querlionr:None.

Board Action:On MOTION of FLANAGAN, the Board voted 4-0-0 (Back, Flanagan, Van De Wiele,Wh¡te naye"; no 'fnays'; no "absteRtions": Bond absenQ to APPBOVE the request for aVariance to permit the separation of two projecting signs to be less than 30 feet (Section60.0a0-B); Variance to permit four projecting signs to be installed along South BoulderAvenue with frontage of 183 feet (Section 60.080-C); Variance to permit a dynamicdisplay within 20 feet of the driving edge of the road on South Boulder Avenue (Section60.100-E), subject to conceptual plans 10.11, 10.12, 10.13, 10.14 and 10.15 in theagenda packet. The Board has found the hardship to be the space between thebuilding and the street is not sufficient, and the sign is for informational purposes to thepublic. The Board finds that the following facts, favorable to the property owner, havebeen estabf ished:

a. That the physical surroundings, shape, or topographical conditions of thesubject property would result in unnecessary hardships or practical difficulties forthe property owner, as distinguished from a mere inconvenience, if the strictletter of the regulatÍons were carried out;b. That literal enforcernent of the subject zoning code provision is not necessaryto achíeve the provision's intended purpose;c. That the conditions leading to the need of the requested varíance are unique tothe subject property and not applicable, generally, to other property within thesame zoning classification;d, That the alleged practical difficulty or unnecessary hardship was not created orself-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 theneighborhood in which the subject property is located, nor substantially orpermanently impair use or development of adjacent property; andg. That the variance to be granted will not cause substantial detriment to thepublic good or impair the purposes, spirit, and íntent of this zoning code or thecornprehensive plan; for the following property:

LTS 1 & 2 & N5O LT 3 LTS 7 & 8 & NsO LT 6 ALL IN BLK 135 & NzOO VACATEDALLEY lN BLK 135, TULSA-ORIGINAL TOWN, City of Tulsa, Tulsa Gountyr, State ofOklahoma

212t8-A.llrr tlon Como¡nv - Lorl Wotürlnoûon flLt 00PTAc$on R¡os¡rbd:Variance to permit two dynamic display signs on the lot (Section 60,080-E);Variance to permit a dynamic display sign within 20 feet of the driving surface of

06^3t20t7-tr85 (r8)

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South Cheyenne Avenue (Section 60.100-E). LOGATION: 100 West l"t StreetSouth (CD 4l

)

Presentation:Eãffiero, n-Max Sign Company, 9520 East 55th Place, Tulsa, OK; stated at thesubject location the Board prevíously approved an identical sígn on the First Street side.The sign that ie being disoussed nor ie the second eþn on the lot. The one approvedpreviously is located on First Street and this single sided sign is facing west onCheyenne Avenue.

Ms, Back asked Mr, Ward why a dynamic display is needed for parking. Mr. Wardstated the display will advertise the parking when there are major events downtown, buthe does not know what is planned to be run on the dynarnic display.

lntrrcrbd P¡rüe¡:There were no interested pafties present.

Comm¡ntr rnd Qu¡¡üonr:None.

Board Actlon:On MOTION of BACK, the Board voted 4-0-0 (Back, Flanagan, Van De Wiele, Whiteuaye"; no "nays"; no "abstentions"; Bond absent) to APPROVE the request for aVariance to permit two dynamic display signs on the lot (Section 60.080-E); Variance topermit a dynamic display sign within 20 feet of the driving surface of South CheyenneAvenue (Section 60.100-E), subject to conceptual plans 1 1 .10 and 1 1 ,1 1 in the agendapacket. The Board has found the hardship to be that the building is built all the way tothe property line, The Board finds that the following facts, favorable to the propertyowner, have been established:

a. That the physical surroundings, shape, or topographical conditions of thesubject property would result in unnecessary hardships or practicaldifficulties forthe property owner, as distinguished from a mere ínconvenience, if the strictletter of the regulations were carried out;b. That literal enforcement of the subject zoning code provision is not necessaryto achieve the provision's intended purpose;c, That the conditions leading to the need of the requested variance are unique tothe subject'property and not applicable, generally, to other property within thesarne zon ing classification;d. That the alleged practical difficulty or unnecessary hardship was not created orselfìmposed by the current property owner;e. That the variance to be granted is the mínimum variance that will afford relief;f. That the variance to be granted will not alter the essential character of theneighborhood in which the subject property is located, nor substantially orpermanently írnpair use or development of adjacent property; and

06113/20 l 7- l I 85 (r 9)

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gûf,-ae*sd, f llt C0P Ig, That the variance to be granted will not cause substantial detriment to thepublic good or impair the purposes, spirit, and intent of this zoning code or thecomprehensive plan; for the following property:

PRT LTS I THRU S & VAC ALLEY ADJ THERETO BLK 91 BEG NWC BLK 91 THN8242 SE230 NE58 SETtl SW300 NW300 POB, TULSA-ORIGINAL TOWN, Gity ofTul¡¡, Tulr¡ County, Stafe of Oklahoma

Ms. Miller left the meeting at 2:50 P.M.

22lll7-A.llrr Slqn Comornv - Lod Wortñln4n

Ac$on Rrqucrtrd:Variance from the requirernent that no more than one dynamic display bepermitted on a single CBD zoned lot (Section 60.080-E); Variance to increase theallowed dísplay surface area of a dynamic display sign to 49 square feet (Section

60.080-E); Varhnce to permit a dynamic dlsplay vulhin 20 feet of the drivingsurface oi nlãñ-street (Section 60.r00-E). LOCATIOIIft 11 East 1't Street South(cD 4l

Ms. Mille¡ rs-entered the meeting at 2:52 P.M

Presentation:ffin-Wãìrd;A-Max Sign Company, 9520 East 55th Place, Tulsa, OK; stated thisrequest is the same as the previous request, two dynamic displays on a lot- The permitfor dynamic dispfay on the building on the east elevation on the south end of thebuilding has been applied for and granted. Thís sign request is for an additional onesguare foot on the sign because this is the biggest sign of all the Park Tulsa signsbecause of visibility issues.

Mr. Van De Wiele asked Mr. Ward how tall in the air is the sign located. Mr. Wardstated that it is approximately 40 feet in the air.

lnterested Parties:There were no interested parties present.

Commcnt¡ rnd Queltion¡:None.

Board Action:On MOTION of FLANAGAN, the Board voted 4-0-0 (Back, Flanagan, Van De Wiele,White "aye"i rìo "nays"; no "abstentions"; Bond absent) to APPROVE the request for a

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BOARD OF ADJUSTMENTCASE REPORT

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HEARING DATE: 0412812020 1:00 PM

Case Number: BOA-22907

APPLICANT: Tony Jordan

ACTION REQUESTED: Variance of the required 35 foot setback from South Lewis Avenue in anRS-2 District (Section 5.030, Table 5-3)

LOCATION: 2258 E 32 PL S

PRESENT USE: Residential

ZONED: RS-2

TRACT SIZE: 11748.18 SQ FT

LEGAL DESGRIPTION: LT 1 BLK 4 , OAKNOLL

RELEVANT PREVIOUS AGTIONS:

Subject Property: None

Surroundi ng properties :

BOA-21 972; On 10.13.1 5 the Board approved a variance of the required 35' setback form an arterialstreet for a detached accessory building on the property located 2410 E. 32nd St.

RELATIONSHIP TO THE COMPREHENSIVE PLAN: The Tulsa Comprehensive 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 qualityof 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.

ANALYSIS OF SURROUNDING AREA: The subject tract is located at the SW/c of East 32nd. Place

an,Aand S. Lewis Ave

REVTSEù 5/28/2020

STAFF GOMMENTS: The applicant is requesting Variance of the required 35 foot setback fromSouth Lewis Avenue (Section 5.030, Table 5-3)

Chapter 5 | Residential DifirictsSection 5.030 J Lot and Building Regulations

RE RS-1 R5-2 RS-l RS.4 R5-5 RD RT RM4 frM-1 RM-2 RM.3 RMI-I

Min. Euildine Setbarks (ft.)

35 3535 g6r 35 35 35 35 35 35 353510 25 25 10 2535 35 30 25 20 20 25

5 5 stsl 5t6l st6l st6I 5Iï15 5 5 5 5

20 2A 2t 2ß 10 2025 25 25 20 20 20

5treetArterialor service rd.Other streets

5ideRear

STATEMENT OF HARDSHIP: Patio is facing South. There are no trees to Block Sunlight. Ownerswould like to have covered Patio over existing concrete slab patio.

3525

10

15

(approve/deny) a Variance of the required 35 foot setback from South LewisSAMPLE MOTION:Move toAvenue (Section 5.030, Table 5-3)

a Finding the hardship(s) to be .

Per the Conceptual Plan(s) shown on page(s)

-

of the agenda packet.

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 topographical conditions of the subject propertywould result in unnecessary hardships or practical difficulties for the property owner, asdistinguished 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 theprovision's intended purpose;

c. That the conditions leading to the need of the requested variance are unique to the subiectproperty 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-imposedby the current propeñy 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 inwhich the subject property is located, nor substantially or permanently impair use ordevelopment of adjacent property; and

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

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REVTSED 5/24/2O2O

Facing East on 32'd pl.

Subjed Property

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Focing West on 32nd PI.

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enforcement of the terms of the Code would result in unnecessary hardship; that suchextraordinary or exceptional conditions or circumstances do not apply generally to otherproperty in the same use district; and that the variance to be granted will not causesubstantial detriment to the public good or impair the purposes, spirit, and intent of theCode, or the Comprehensive Plan; for the following propeñy:

LT 4 BLK 3, SMITHVIEW ESTATES, CITY OF TULSA, TULSA COUNTY, STATE OFOKLAHOMA

Mr. Henke re-entered the meeting at 2:35 P.M.

2t972-Brctt Looan

Action Requected:Variance of the setback from an arterial street, South Lewis Avenue, from 35 feetto 0 feet to permit a detached accessory building (Section 403, Table 3).

LOCATION: 2410 East 32nd Street South (CD 9)

Presentation:Brett Logan, 2650 South Utica Avenue, Tulsa, OK' stated this is a residential projectwith a general remodel of the exterior façade is cosmetic. His clients are elderly and a

critical issue for them is security. They live right on Lewis Avenue and have had issueswith break ins in the past. The existing garage is a two-car garage but there is no roomto keep the trash receptacles inside the garage. The existing fence has a gate near thegarage and the couple pay the extra fees to have the trash service open the gate toretrieve the trash receptacles. His clients would like to be able to secure the trashreceptacles in a locked area creating a barrier between their back yard and the trashreceptacles. His clients like the idea of having an enclosed space for protection fromthe weather so the idea evolved into a small shed so that was incorporated into theentire remodel of the house. The entire end of the house is well into the 35 foot setbackso no matter where the proposed shed is placed it will not be into compliance. Theexisting concrete slab is used as a third car parking space and the client wants topreserve that concrete drive access to that slab. Placing the trash receptacle shedthere on the property makes the most sense and places it up against the existing fenceline. The proposal is to tear down one of the existing masonry columns, build the trashreceptacle enclosure so that its west façade is in alignment with the masonry columns,restore the fence, and make something that is discreet from Lewis Avenue.

lnterested Parties:There were no interested parties present.

Comments and Questions:None.

tot13/201s-|r49 (t6)

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r3ûA'i,l6i.lJ)Board Action:On MOTION of WHITE, the Board voted 4-0-0 (Henke, Flanagan, Van De Wiele, White"aye"; nO "rìays"; no "abstentiOns"; Snyder absent) to APPROVE the requeSt for aVariance of the setback from an arterial street, South Lewis Avenue, from 35 feet to 0feet to permit a detached accessory building (Section 403, Table 3), subject toconceptual plans 12.10 and'12.11. Finding there will be no furtherencroachment intothe right-of-way of Lewis Avenue than already exists with the pillars and fence. Findingby reason of extraordinary or exceptional conditions or circumstances, which arepeculiar to the land, structure or building involved, the literal enforcement of the terms ofthe Code would result in unnecessary hardship; that such extraordinary or exceptionalconditions or circumstances do not apply generally to other property in the same usedistrict; and that the variance to be granted will not cause substantial detriment to thepublic good or impa¡r the purposes, spirit, and intent of the Code, or the ComprehensivePlan; for the following property:

LT 12, BLK I, FOREST ESTATES, CITY OF TULSA, TULSA COUNTY, STATE OFOKLAHOMA

OTHER BUSINESS

Review and Approval of the 2016 Board of Adjustment meeting calendar

On MOTION of VAN DE WIELE, the Board voted 4-0-0 (Henke, Flanagan, Van DeWiele,White.'aye,';no'.nayS'';no..abstentionS',;Snyderabsent)to@the2016Board of Adjusiment meeting calendar striking the Novemoet âz'fiaãffimber 27tn

meeting dates.

10/13/2Ar5-7149 (17)

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Jeff S. TaylorZoning Official

Plans Examiner lllTEL(918) 596-7637

jstaylor@cityoft ulsa. org

Tony Jordantonyjordan homes@gma¡l.com

DEVELOPMENT SERVICES175 EAST 2Nd STREET, SUITE 450

TULSA, OKLAHOMA 74103

ZONING CLEARANCE PLAN REVIEW

315t2024

APPLICATION NO: BLDR-55090-2020(PTEASE REFERENCETHTS NUMBERWHEN CONTACTING OUR OFFtCq

Project Location: 2258 E 32 plDescription: Addition

INFORIIIIATION ABOUT SUBIT'IITTING REVISIONS

OUR REVIEW HAS IDENTIFIED THE FOLLOWING CODE OMISSIONS OR DEFICIENCIES IN THEPROJECT APPLICATION FORMS, DRAWINGS, AND/OR SPECIFICATIONS. THE DOCUMENTS SHALLBE REVISED TO COMPLYWTH 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 RESOLVED3. THE COMPLETED REVTSED/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 LOCATEDAT 175 EAST 2Nd STREET, SUITE 450, TULSA, OKLAHOMA 74103, PHONE (918) 596-9601.THE CITY OF TULSA WLL ASSESS A RESUBMITTAL FEE. DO NOT SUBMIT REVISIONS TO THEPLANS EXAMINERS.

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

I MPORTANT INFORII'IATION

1. SUBMIT TWO (2) SETS [4 SETS rF HEALTH DEPARTMENT REVTEW rS REQUTREDI OF REVISEDOR ADDITIONAL PLANS. REVISIONS SHALL BE IDENTIFIED WTH CLOUDS AND REVISIONMARKS.

2. INFORMATTON ABOUT ZONTNG CODE, TNDTAN NATTON COUNCTL OF GOVERNMENT (INCOG),BOARD OF ADJUSTMENT (BOA), AND TULSA METROPOLTTAN AREA PLANNTNG COMMISSTON(TMAPC) lS AVAILABLE ONLINE AT \ A A¡r/.INCOG.ORG OR AT INCOG OFFICES AT2W.2îd ST., gth FLOOR, TULSA, OK, 74103, PHONE (918) 584-7526.

3. A COPY OF A'RECORD SEARCH'LllS t x llS NOT INCLUDED WITH THIS LETTER. PLEASEPRESENT THE'RECORD SEARCH" ALONG WTH THIS LETTER TO INCOG STAFF AT TIME OFAPPLYING FOR BOARD OF ADJUSTMENT ACTION AT INCOG. UPON APPROVAL BY THE BOARDOF ADJUSTMENT, INCOG STAFF WLL PROVIDE THE APPROVAL DOCUMENTS TO YOU FORIMMEDIATE SUBMITTAL TO OUR OFFICE. (See revisions submittal procedure above.).

(continued)

&4;8

REVIEW COMMENTS

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

http://tu lsaplanning. org/plans/Tu lsaZon ingCode. pdf

Application No. BLDR-55090-2020

Note: As provided for ln Section 70.130 you may request the Board of Adjuetment to grant a variance from thetems of the Zoning Code requirements ldentified in the letter of deficiency below. Please direct all questionsconcerning variances, special exceptions, appeals of an administ¡ative official decision, Master PlanDevelopments Districts (MPD), Planned Unit Developmenb (PUD), Gorridor (GO) zoned districtE, zoning changes,platting, lot splits, lot combinations, altemative compliance landscape and screening plans and all questionsregarding (BOA) or (TMAPC) application forms and fees to an INCOG representative at 584-7526. lt is yourresponsibility to submit to our offices documentation of any appeal decisions by an authorized declsion makingbody affecting the status of your application so we may continue to process your application. INCOG does not actas your legal or responsible agênt in submitting documents to the Gity of Tulsa on your behalf.Staff review comments may sometlmes ldentify compliance methods as provided in the Tulsa Zoning Code. Thepermit applicant is reeponsible for exploring all or any options available to address the noncompliance and eubmitthe selected compliance option for review. Staff review makes neither representation nor recommendation as toany optimal method of code solution for the proJect.

5.030-A: ln the RS-2 zoned district the minimum side yard setback from an arterial street shall be 35feet from the side property line which is along Lewis avenue. The existing ROW width from center ofLewis is 50' plus the required side setback on an arterial street is 35'to equal a total setback distancefrom center of street to be 85'.

Review Comments: Revise your plans to indicate a 35' side setback to the property line, or applyto INCOG for a variance to allow less than a 35' side setback from Lewis avenue property line.

Thls letter of deficiencies covers Zoning plan rcview items only. You may receive additional letters from otherdisciplines such as Building or Water/Sewer/Drainage for items not addressed in this letter. A hard copy of thie

letter is available upon reguest by the applicant.

Please Notlfy Plans Examiner By Email When You Have Submitted A Revision. lf you orlginally submit paperplans, revisions must be submitted as paper plans. lf you submit online, revisione must be submitted online

2

END -ZONING CODE REVIEW

NOTE: THIS CONSTITUTES A PLAN REVIEW TO DATE lN RESPONSE TO THE SUBMITTED INFORMATION ASSOCIATED WTHTHE ABOVE REFERENCED APPLICATION. ADDITIONAL ISSUES MAY DEVELOP WHEN THE REVIEW CONTINUES UPONRECEIPT OF ADDITIONAL INFORMATION REQUESTED IN TI-IIS LETTER OR UPON ADDITIONAL SUBMITTAL FROM THEAPPLICANT.

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

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BOARD OF ADJUSTMENTCASE REPORT

STR: 9327

CZM:48CD: 5HEARING DATEl. 0610912020 1:00 PM

Case Number: BOA-22915

APPLICANT: John Cannon

ACTION REQUESTED: A Special Exception to allow a Public, Civic & lnstitutional/GovernmentalService Use (Headquarters for Meals on Wheels) in an OM District (Sec. 15.020, Table 15-2)

LOCATION: 5151 E 51 ST S ZONED: OM

PRESENT USE: Office TRACT SIZE: 185788.52 SQ FT

LT 1 BLK 1, LINCOLN CTR RESUB L1 81 SE YMCA & L16 CANFIELDLEGAL DESCRIPTION:SUB

RELEVANT PREVIOUS ACTIONS:

Subject Properties

80A-7867; On 4.12.73 the Board approved an exception to grant a waiver of the ScreeningRequirements on the North side of the property for uses allowed in OM.

Surrounding Properties:

BOA-5393: On 4.04.67 the Board approved a Special Exception to permit the YMCA located 5002 SFulton Ave.

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

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

The purpose of Areas of Growth is to direct the allocation of resources and channel growth to whereit will be beneficial and can best improve access to jobs, housing, and services with fewer and shorterauto trips. Areas of Growth are parts of the city where general agreement exists that development orredevelopment is beneficial. As steps are taken to plan for, and, in some cases, develop or redevelopthese areas, ensuring that existing residents will not be displaced is a high priority. A major goal is toincrease economic activity in the area to benefit existing residents and businesses, and wherenecessary, provide the stimulus to redevelop. jh', a

REVTSED 5/28/2O2O

ANALYSIS OF SU ROUNDING AREA : The subject tract is located at the NWc of E. 51st Street Sand S. Darlington Ave

STAFF GOMMENTS: The applicant is requesting Special Exception to allow a Public, Civic &lnstitutional/Governmental Service Use (Headquarters for Meals on Wheels) in an OM District (Sec15.020, Table 15-2)

Chapter l5 I OfËce" Commercial and lndustrial DistrictsSection 15.020 | Use Regulations

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SAMPLE MOTION:

Move to (approve/deny) a Special Exception to allow a Public, Civic &

lnstitutional/Governmental Service Use (Headquarters for Meals on Wheels) in an OM District (Sec.

15.020, Table 15-2)

Per the Conceptual Plan(s) shown on page(s)

-

of the agenda packet

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 ofthe Code and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

o

o

30.3REVTSED 5/28/2O2O

Subject property. Property wøs a lormer office building ond school that is currently vdcant.

Subjed Property

30 .L{

Focing North on Darlington

Subject property Ís immediøtely ocross DarlÍngton from theTandy YMCA.

30.5

7867 (continued)

PresenÈation:

Protests:

Bgard Action:

7868

ActÍon RequesÈed:

Presen tion:

Protests:

Board Action:

Clarke Ford, repf,esenting Lincoln Properties,advfsed the Board that a screening fence Íspresenüly provided to the west of the subjectproperËy. Ile advised that the subject prop-erty and Ëhe propertíes to the north and eastare owned by Lincoln Properties. The area tothe north of the subject tract has been land.-scaped and a request has been made to removethe screening reguÍrements where the exisfingphysical features províde a visuel separaËionof uses. He further advised that the subjecttract and the tract to the norÈ6 have beendesigned Èo compliment each other.

None.

On UOTION of REEDS, the Board (4-0) approvedan Exception (Section 250.3 (a) - Modíficationof rhe Screening I,IalL or Fence Requirements)to remove Ehe screening requirements to thenorth where exfsting physical features providea visual separation of uses in an 0M Districton Èhe following described tract:

The North 100r of Lot 1, Block 1, tincolnCenter Addition to Èhe City of Tulsa,OkIahoma.

Exception (Section |LA - Principal Uses Per-niËted in Residential Districts - Section440.2 - Ilome Occupations) to operate a home

beauËy shop in an RS-3 District located at,L223 North Sandusky.

Georgia Stevens, the appLicant, advised theBoard that she was ahtare of the reguLations ofa home occupaEion.

None

On MOTION of COHËN, the Board (4-0) approvedan Exception (Section 410 - Principal UsesPermiËted in Residential Districts - Section440-2 - Home OccupaEions) to operate a home

beauty shop ln an RS-3 District on the followÍngdescribed tract:

The w/2, Sl2 of Lot 12, lJestrope AcresAddition to the City of Tulsa, Oklahorna.

4.L2.732L35(27\

30,V

"Lzg

Exception under the provisions of Section 5 (S) ftb)to permit a YMCA at the northeast corner of 51st &Darlington, zoned U-28.

A representatiue of the YMCA of Greater Tulsa, Inc.,applicant, presented a plot plan and building elevation,which rvere not submitted for exhibit.

None.

On MOTION of SUBLETT, the Board of Adjustment(4-0) granteg an exception under Section 5 (g) (bb) topermit a YMCA facility on the following property:

Lot l, Block 2, Southeast YMCA Addition' to the Cityof Tulsa, Tulsa CountY, Oklahoma.

*¡t***

(Goodman in 2:301

Exception under the provisions of Section I (e) topermit erectÍon of duplex and a Variance under theprovisions of Section 23 to allow construction on lotarea of B,2BO square feet at the NW corner of 56thStreet & Quincy, zoîed U-1C.

D.C, Dickson, applicant, was present.

None.

Mr. Edwards pointed out that there are presently fiveduplexes existing on the remainder of the tract, althoughonly three have been approved by the Board.

At the suggestion of the Chair, the applicant agreed toamend his application to request approval of sixduplexes on Block 5.

On MOTION of SUBLETT, the Board of Adjustment (4-0)granted an exception under Section I (e) and a varianceof Section I (e) to permit construction of one duplex oneach of the following six tracts:

1. The North 91.26 f.eet of the'West 110 feet of theEast 300 feet of Block 5;

414167page 5

5393-A

5395-A

Actio.n Requested:

Presentation:

Protests:

Board Action:

Action Reouested:

Presentation:

Protests:

Remarks:

Board Action:

_Ð,1

CHUCK LANGEZONING OFFICIALPLANS EXAMINER

TEL (918)596-9688

[email protected]

LOD Number: IGharlyn Terry7535 S Hudson PLTulsa, OK74135

APPLICATION NO:

Location:Description

DEVELOPMENT SERVICESI75 EAST 2"d STREET, SUITE 450TULSA, OKLAHOMA 74103

ZONING CLEARANCE PLAN REVIEW

March 25,2020

Phone: 918.810.4630

zco-057272-2020(PLEASF REFERENCE THIS NUMBERWHEN CONTACTING OUR OFnCq515r E 5l STPublic, Civic & Institutional/Government Service

TION ABOUT

OUR REVIEW HAS IDENTIFIED THE FOLLOWING CODE OMISSIONS OR DEFICIENCIES IN THEPROJECT APPLICATION FORMS, DRAWNGS, AND/OR SPECIFICATIONS. THE DOCUMENTS SHALLBE REVISED TO COMPLY WITH THE REFERENCED CODE SECTIONS.

1. A COPY OF THIS DEFICIENCY LETTER2. A WRITTEN RESPONSE AS TO HOW EACH REVIEW COMMENT HAS BEEN RESOLVED3. THE COMPLETED REVISED/ADDITIONAL PLANS FORM (SEE ATTACHED)4. BOARD OFADJUSTMENTAPPROVAL DOCUMENTS, IF RELEVANT

REVISIONS SHALL BE SUBMITTED DIRECTLY TO THE CITY OF TULSA PERMIT CENTER LOCATED AT175 EAST 2Nd STREET, SUITE 450, TULSA, OKLAHOM A 74103, PHONE (918) 596-9601 .

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

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

REVISIONS NEED TO INCLUDE THE FOLLOWING

IMPORTANT INFORMAÏION

1, IF A DESIGN PROFESSIONAL IS INVOLVED, HIS/HER LETTERS, SKETCHES, DRAWINGS, ETC. SHALL BEAR HIS/HEROKLAHOMA SEAL WITH SIGNATURE AND DATE.

2, PURSUANT TO FEDERAL, STATE, AND LOCAL DECLARATIONS OF EMERGENCY ARISING FROM THE COVID-19 THREATAND AS DIRECTED BY THE ADMINISTRATION, OUR OFFICE IS CLOSED TO THE PUBLIC UNTIL FURTHER NOTICE.pApER SUBMTTTALS (iNCLUD|NG REV|S|ONS AND ADDENDUM) FOR ANY PROJECT lS NOT ACCEPTED AT THIS TIME. lFSUBMITTING REVISIONS FOR APPLICATIONS THAT PREVIOUSLY UTILIZED PAPER PLANS, EMAIL THE REVISED PLANSTO [email protected] OR SUBMIT ELECTRONIC PLAN REVISIONS ON THE PORTAL ATHTTPS:IIN.¡TSNOT.TYLCRTCCX.COMITNCRCOV¿gg¿ISELTSERVICE. YOU WLL NEED TO REGISTER ON THE PORTALIF YOU HAVE NOT PREVIOUSLY DONE SO.

3. TNFORMATTON ABOUT ZONTNG CODE, tNDtAN NATION COUNCIL OF GOVERNMENT (INCOG), BOARD OF

ADJUSTMENT (BOA), AND TULSA METROPOLTTAN AREA PLANNING COMMISSION (TMAPC) lS AVAILABLE ONLINEATWWU4I@ OR AT |NCOG OFFICES AT2W.2d ST., 8û FLOOR, TULSA, OK, 74103, PHONE (918) 584-7526.

4. A COPY OF A "RECORD SEARCH" f X IIS f TIS NOT INCLUDED WITH THIS LETTER. PLEASE PRESENT THE "RECORDSEARCH" 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 THEAPPROVAL DOCUMENTS TO YOU FOR IMMEDIATE SUBMITTAL TO OUR OFFICE. (See revisions subm¡ttal procedureabove.).

(continued)

æ,9

REVIEW COMMENTS

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

WWW.CITYOFTULSA-BOA.ORG

zco-057272,2020 5151 E 51 ST March 25,2020

Note: As provided for in Section 70.130 you mey request the Board of Adjustment (BOA) to grant a variance fromthe terms of the Zoning Code requirements identified in the letter of deficiency below. Please direct all questions

concerning veriances, special exceptions, appeals of an administrative official decision, Master Plan

Developments Districts (MPD), Planned Unit Developments (PUD), Gorridor (CO) 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 INCOG representative at 584-7526. lt is yourresponsibility to submit to our offices documentation of any appeal decisions by an authorized decision makingbody affecting the status of your application so we may continue to process your application. INCOG does notact as your legal or responsible agent in submitting documents to the City of Tulsa on your behalf. Staff reviewcomments may sometimes identify compliance methods as provided in the Tulsa Zoning Code. The permitapplicant is responsible for exploring all or any options available to address the noncompliance and submit theselected 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: You are proposing a Public, Civic & lnstitutional/Government Service Use. This is in

an OM Zoning district. This will require a Special Exception approved by the City of Tulsa BOA.

Review Comment: Submit a copy of the BOA approved Special Exception to allow a Public, Civic &

lnstitutional/Government Service Use at this location.

Note: All references are to the City of Tulsa Zoning Code. Link to Zoning Code:http://tulsaplanninq.orq/planslTulsaZoninqCode.pdf

Please notifv the reviewer via email when vour revisions have been submitted

This letter of deficiencies covens Zoning plan review items only. You may receive additional letters from otherdisciplines 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 WITHTHE ABOVE REFERENCED APPLICATION. ADDITIONAL ISSUES MAY DEVELOP WHEN THE REVIEW CONTINUES UPONRECEIPT OF ADDITIONAL INFORMATION REQUESTED IN THIS LETTER OR UPON ADDITIONAL SUBMITTAL FROM THEAPPLICANT.

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

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NEW HEADQUARTERS DRAFT SPACE PROGRAM 02.L8.20

AREAS

OF USE

NOTESPROPOSED

NSF SUBTOTAT

PROPOSED

NSF

slzEQTYROOM NAME

VOLUNTEERTRAININGCNTR 1 30 x 50 1,500

A/v CLOSET 80

STORAGE L20

100

5OO OPEN AREA / POTENTIALLY DOUBLE AS PREFUNCTION SPACE

INCORPORATE DESIGN INTO LOBBY

1OO DISPLAY AREA/ RETAIL COUNTER

1,500 CAPACITY FOR (IOGTRA|N|NG or 7S-BANQUET) PEOPLE @ 15SF/PERSON / MULTI-PURPOSE SPACE

80

LzO STORAGE CARTS - 9SF/10 CHAIRS + 185F/10 TABLES

360 MEETING SPACE FOR CONSULTATION AND/OR ADMIN BREAKOUT / ACOUSTICS CRITICAL / NO SINK REQUIRED

ENTRY VESTIBULE

LOBBY *

DONOR RECOGNITION

RÊTAIL

CONSULTATION ROOMS

SMALL WAITING AREA

EXECUTIVE OFFICE

PRIVATE OFFICE

OPEN OFFICE

WORKROOM

STORAGE

STAFF BREAKROOM

BOARDROOM

1 10x10 100

r 20x25 500

* OPPORTUNITY TO INCORPORATE MOWMT HISTORY + MISSION

1 10x10

1 8 x10| 10x123 10x12

208x8

100

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64

SubTotol 2,7æ

Department Fodor (20%) 552 CIRCULATION/WALLS/COLUMNS

Totøl 3,312

1 70x12 LzO

3 15x20 300

5 12x15 180

LzO WAITING AREA FOR GUESTS / FLOWS INTO PREFRUNCTION + SECOND FLOOR LOBBY

900 cEO, COO + VP CORPORATE RELATIONS AND ADVANCEMENT / PRIVATE OFFICE WITH MEETING SPACE FOR (4)

9OO ENCLOSED PRIVATE OFFICES / INCLUDE (],) FOR FUTURE / POTENTIALLY BORROW LIGHT

L,Z$O OPEN OFFICE sYsTEM / CAN BE REMOTE FROM ONE ANOTHER / INCLUDES (10} FUTURE - 2025 INITIATIVE

1OO CENTRALLY LOCATED / ALL-IN-ONE COPY PRINT FAX MACHINE / POSTAGE / OFFICE SUPPLIES

1OO GENERAL ADMIN STORAGE / (12) BOXES OF PAPER REEMS

600 DINING SPACE / REFRIGERATOR / COFFEE / DIsHWAsHER / MICROWAVE(S) / (10-12) DOUBLE-TIER LOCKER5

SINK WITH DISPOSAL / VENDING MACHINES

5OO CAPACITY FOR (25} PEOPLE @ 1sSF/PERSON + (10} PERIMETER SEATS / BUFFET MILLWORK + AV EQUIP

WALL MOUNTED FLAT SCREEN(S) / CONTROLLED VISUAL PRIVACY / RECTANGULAR CONFERENCE TABLE

4,500

900 CTRCULATTON/WALLS/COLUMNS

5,¿t00

1 10x101" 10 x 10 100

1 20x30 600

t 20x25 500

100

Sub Total

Deportme nt Factor (20%)

Totol

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:;

:

AREAS

OF USÉ

NOTESPROPOSED

NSF SUBTOTAL

PROPOSED

NSF

stzEQTYROOM NAME

PRODUCTION KITCHEN 7,500 VISIBILITY FROM LOBBY

BULK FOOD PREP x SFG MORE PRIVATE SPACE WITH LIMITED/NO PUBLIC VISIBILITY

PREP x SFG

WALK-IN COOLER x SFG

WALK-IN FREEZER x 5FG

DRY STORAGE x SFG

BAKERY x SFG

COLD PREP X SFG

COLD PREP WALK-IN COOLER x SFG

COLD PREP DRY STORAGE x SFG

DISH PIT x 5FG

PACKAGING x SFG (2) PACKAGING LINES

OFFICE x SFG ENCLOSED PRIVATE OFFICE

STAFF TOILET x SFG

SFG INCLUDE PERSONAL LOCKERS

SFG

750 INCLUDES LOADING DOCK TO ACCOMMODATE SEMI-TRUCK ACCESS

750 REQUIRES AccESS FoR BOX / PICKUP TRUCKS; STORAGE SYSTEM FOR OUTGOING MEALS / COLD STORAGE

STAFF BREAKROOM

IANITOR CLOSET

RECEIVING

SHIPPING

1

1 FOOD SERVICE SF PUCEHOLDER INCLUDES RECEIVING, SHIPPING, PRODUCTION, PACKAGING AND SUPPORT

SubTotol 9,000

De portme nt Foctor (l nclu de d a bove ) o ctRcuLATtoN/wALLs/coLUMNS

TOTAI 9,OOO TARGETSF

PROGRAM STORAGE 4OO PALLET RACK H IGH DENSITY STORAGE SH ELVING (6-PALLETS) / ADJACENT TO RECEIVING - OR ACCESS TO EXTERIOR

VLNTRENGAGEMENTCENTER 1, 25 X 18 450 450

5ub Totol

Department Foctor (2O%)

Total

t7o .|R6ULAT\oN/WALLS/COLUMNS

1

1- 20 x 20 400

850

1,020

PROPOSED

NSF SUBTOTALNSF

PROPOSEDStzEqTYROOM NAMEAREAS

OF USE

NOTES

1,OOO EXISTING PUBLIC TOILETS ON GROUND FLOOR / ADD ADDITIONAL PUBLIC TOILETS ON SECOND FLOOR

80

200

PUBLIC TOILETS

IDF/SERVER ROOM

MEP

ACCESSIBLE PUBLIC

EMPLOYEE

SECURE FLEET PARKING

SEMI-TRUCK

ENTRY DROP-OFF

EMERGENCY GENERATOR

TRASH ENCLOSURE

BOX FARM

COMMUNITY GARDEN

2 20x25 500

1 8 x10 80

1 10x20 200

Sub Totol

De portme nt Factor (20%)

Total

1,280

256 ctRcuLATtoN/vvALLs/coLUMNS

1,536

PROGRAMMEDDEPARTMENTAREA 20,268

Building Foctor (5%) 1,013

TOTAL BUILDING PROGRAM AREA SQUARE FOOTAGE 2L,287

ct Rcu LAT I O N/M EP RO O MS/EXT WALLS

PARKING SPACES

GENERAT PUBLIC 162 PER ZONING REQUIREMENT9 x1814 x t8 252

9x18L629 x18 t62

1 12x80 960

1 12x30 360

1 15x50 75O

1 L0x20 2OO

x 0

x 0

0

0

0

PER ZONING REQUIREMENT

PER ZONING REQUIREMENT

960

360 ADJACENT TO BUI TDING ENTRANCE FOR EASY ACCESS / VAN ACCESSI BLE / COVERED WALKWAY

750

2OO (1} TRASH DUMPSTER / (1) GREASE RECEPTACLE / COMPACTOR OR RECYCLING RECEPTACLE NEEDED?

0 PUBLIC VISIBILITY

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ALTA/NSPS Land Title Surveyof

Lot One (1), Block One (1)Lincoln Center

Citv of lulsa. Tulsa County, Oklahoma .90,\q

MEALS ON WHEETS METRO TUTSA

NEW HEADQUARTERS DRAFT SPACE PROGRAM I2.L8.2O

AREAS

OF USE

PROPOSED

NSF SUBTOTAL lNorEs

PROPOSED

NSF

stzEQTYROOM NAME

VOLUNTEERTRAININGCNTR 1 30 x 50 1,500

A,/V CLOSET 80

STORAGE

100

5OO OPEN AREA / POTENTIALLY DOUBLE AS PREFUNCTION SPACE

INCORPORATE DESIGN INTO LOBBY

1OO DISPLAY AREA / RETAIL COUNTER

1,500 CAPACITY FOR (1oGTRAIN|NG or 75-BANQUET) PEOPLE @ 15SF/PERSON / MULTI-PURPOSE SPACE

80

120 STORAGE CARTS - 95F/10 CHAIRS + 185F/10 TABLES

360 MEETING SPACE FOR CONSULTATION AND/OR ADMIN BREAKOUT / ACOUSTICS CRITICAL / NO SINK REQUIRED

ENTRY VESTIBULE

LOBBY *

DONOR RECOGNITION

RETAIL

CONSULTATION ROOMS

EXECUTIVE OFFICE

PRIVATE OFFICE

OPEN OFFICE

WORKROOM

STORAGE

STAFF BREAKROOM

BOARDROOM

1 10x10 100

1 20X25 500

1 10x10 100

1 8 x10t IOxtZ LaO

3 10x12 t2O

1 10 x 1.2 fZO

3 15x20 300

* OPPORTUNITY TO INCORPORATE MOWMT HISTORY + MISSION

sub Totol 2,760

Deportment Factor (20%) 552 CIRCULATION/WALL'/COLUMNS

Total t,3t2

5 12x15ZO8x8

180

64

LzO WAITING AREA FOR GUESTS / FLOWS INTO PREFRUNCTION + SECOND FLOOR LOBBY

9OO CEO, COO + VP CORPORATE RELATIONS AND ADVANCEMENT / PRIVATE OFFICE WITH MEETING SPACE FOR (4}

9OO ENCLOSED PRIVATE OFFICES / INCLUDE (1) FOR FUTURE / POTENTIALLY BORROW LIGHT

r,28O OPEN OFFTCE SYSTEM / CAN BE REMOTE FROM ONE ANOTHER / |NCLUDES (10) FUTURE - 2025 tN|TTAT|VE

1OO CENTRALLY LOCATED / ALL.IN-ONE COPY PRINT FAX MACHINE / POSTAGE / OFFICE SUPPLIES

lOO GENERAL ADMIN STORAGE / (12) BOXES OF PAPER REEMS

600 DtNtNG SPACE / REFRTGERATOR / COFFEE / DTSHWAsHER / MTCROWAVE(S) / (10-12) DOUBLE-T|ER LOCKERS

SINK WITH DISPOSAL / VENDING MACHINES

5m CAPAC|TY FOR (25) PEOPLE @ I5SF/PERSON + (10) PERTMETER SEATS / BUFFET MTLLWORK + AV EQU|P

WALI MOUNTED FLAT SCREEN(S) / CONTROLLED VISUAL PRIVACY / RECTANGULAR CONFERENCE TABLE

4s00

900 a\RçULAT|oN/WALLS/COLUMNS

t¡t{¡o

1 10x10 100

1 10x10 100

1 20x30 600

I 20x25 500

Sub Totol

De pa rtme nt F a cto r (2o%)

Total

Þ

(tf

AREAS

OF USE

PROPOSED

NSF SUBTOTAT lruores

PROPOSED

NSF

slzEQTYROOM NAME

PRODUCTION KITCHEN 7,500 VISIBILITY FROM LOBBY

BULK FOOD PREP SFG MORE PRIVATE SPACE WITH LIMITED/NO PUBLIC VISIBILITY

PREP

WALK-IN COOTER

WALK-IN FREEZER

DRY STORAGE

BAKERY

COLD PREP

COLD PREP WALK-IN COOLER

COLD PREP DRY STORAGE

DISH PIT

PACKAGING

OFFICE

STAFF TOILET

STAFF BREAKROOM

JANITOR CLOSET

RECEIVING

SHIPPING

PROGRAM STORAGE

x

x

x

x

x

X

x

x

x

x

x

x

x

x

x

x

X

I 20x20 400

5FG

5FG

SFG

5FG

SFG

5FG

SFG

SFG

SFG

sFG (2) PACKAGTNG LTNES

SFG ENCLOSED PRIVATE OFFICE

SFG

SFG INCLUDE PERSONAL LOCKERS

SFG

750 INCLUDESLOADINGDOCKTOACCOMMODATESEMI-TRUCKACCESS

75O REQUIRES ACCESS FOR BOX / PICKUP TRUCKS; STORAGE SYSTEM FOR OUTGoING MEALS / coLD STORAGE

. FOOD SERVICE SF PLACÊHOLDER INCLUÐES RECEIVING, SHIPPING, PRODIJCTION, PACKAGING AND SIJPPORI

subTotal 9,000

Depo rtme nt Foctor ( I ncluded a bove ) o q\R1ULAT|oN/WALLS/COLUMNS

Totøl 9,000 TARGETSF

4O PALLET RACK H IGH DENSITY STORAGE SHELVING (6-PALLETS) / ADJACENT TO RECEIVING - OR ACCESS TO EXTERIOR

VLNTRENGAGEMENTCENTER 1, 25 X 18 450 450

Sub Totol

Deportment Foctor (20%)

Totol

850

L70

1,020

c t R cu LAT t o N/wA L LS/CO LU M N 5

AREAS

OF USE

PROPOSED

NSF SUBTOTAT lNorEs

PROPOSED

NSF

stzEQwROOM NAME

PUBLIC TOILETS

IDF/SERVER ROOM

MEP

EMPLOYEE

SECURE FLEET PARKING

SEMI-TRUCK

ENTRY DROP-OFF

EMERGENCY GENERATOR

TRASH ENCLOSURE

BOX FARM

COMMUNITY GARDEN

2 20x25 500 1,OOO EXISTING PUBLIC TOILETS ON GROUND FLOOR / ADD ADDITIONAL PUBLIC TOILETS ON SECOND FLOOR

80

200

subTotal L,2æ

Deportment Foctor (20%) 756 CIRCULATION/WALLS/COLUMNS

Totøl 1,536

PROGRAMMED DEPARTMENT AREA 20,268

Building Foctor (5%) 1,013

TOTAL BU'LDING PROGRAM AREA SQUARE FOOTAGE 2L,28L

ct Rcu LAT t o N /M EP ROO MS/EXT W ALLS

PARKING SPACE5

GENERAL PUBLIC O PER ZONING REQUIREMENT

ACCESSIBLE PUBLIC 14xL8 252 O PER ZONING REQUIREMENT

1 10x20 200

9x18162

L 8 x10

1 12x801 12x30

80

L679 x189x18t62

0

0

PER ZONING REQUIREMENT

960

360

750

960

360 ADJACENTTO BUILDING ENTRANCE FOR EASY ACCESS /VAN ACCESSIBLE / COVERED WALKWAY

750

2OO (1) TRASH DUMPSTER / (1) GREASE RECEPTACLE / COMPACTOR OR RECYCLING RECEPTACLE NEEDED?

PUBLIC VISIBILITY

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BOARD OF ADJUSTMENTCASE REPORT

STR: 9312CZM: 38

GD: 5

Case Number: BOA-22920

HEARING DATE: 0610912020 1:00 PM

APPLICANT: Lou Reynolds

ACTION REQUESTED: Special Exception to permit a self-service storage facility in a CS District(Sec. '15.020, Table 15-2)

LOCATION: 1535 S MEMORIAL DR E

PRESENT USE: Vacant

LEGAL DESCRIPTION:PARK SUB

BLK 1, BROOKCREST SQUARE ADDN RESUB PRT L4 83 O'CONNOR

RELEVANT PREVIOUS ACTIONS:Subject Property

BOA-22911: On 412412020 the Land Use Administrator approved an Administrative Adjustment toreduce the required 10' street setback along E. 16th Street. Subject to the same site plan submittedwith this application.

Surrounding properties

80A-16673; The Board of Adjustment approved a specíal exception to permit Use unit 17 (míni-storage) in a CS zoned district, a variance to permit open air display and sales within 300' of an Rdistrict and a variance of the all-weather surface requirement for this use only, on property locatedSouth of the Southwest corner of East 15th Street South and South Memorial Drive.

80A-8761; The Board of Adjustment approved an exception to erect a mini-storage facility withconditions, on property located South of the Southwest corner of East 1Sth Street South and SouthMemorial Drive.

RELATIONSHIP TO THE COMPREHENSIVE PLAN: The Tulsa Comprehensive Plan identifies thesubject property as part of a "Mixed-Use Corridor " and an "Area of Growth".

Mixed-Use Gorridors are Tulsa's modern thoroughfares that pair high capacity transportationfacilities with housing, commercial, and employment uses. Off the main travel route, land uses includemultifamily housing, small lot, and townhouse developments, which step down intensities to integratewith single family neighborhoods. Mixed-Use Corridors usually have four or more travel lanes, andsometimes additional lanes dedicated for transit and bicycle use. The pedestrian realm includessidewalks separated from traffic by street trees, medians, and parallel parking strips. Pedestriancrossings are designed so they are highly visible and make use of the shortest path across a street.

J\.ÂREVTSED 5/24/2O2O

ZONED: CS

TRACT SIZE: 73198.52 SQ FT

Buildings along Mixed-Use Corridors include windows and storefronts along the sidewalk, withautomobile parking generally located on the side or behind.

The purpose of Areas of Growth is to direct the allocation of resources and channel growth to whereit will be beneficial and can best improve access to jobs, housing, and services with fewer and shorterauto trips. Areas of Growth are parts of the city where general agreement exists that development orredevelopment is beneficial. As steps are taken to plan for, and, in some cases, develop or redevelopthese areas, ensuring that existing residents will not be displaced is a high priority. A major goal is toincrease economic activity in the area to benefit existing residents and businesses, and wherenecessary, provide the stimulus to redevelop.

ANALYSIS OF SURROUNDING AREA: The subject tract is Located at the NE/c of E. 16th St. S. andS. Memorial Drive

STAFF COMMENTS: The applicant is requesting a Special Exception to permit a self-servicestorage facility in a CS District (Sec. 15.020, Table 15-2)

f hapter ì 5 | Gffire, {ommercial and Industräal ÐistrictsSection f 5.020 | Use Regufiatüons

Ol- 0ûü OirlH Ol{ CS trG Cl'N CBD l¡- ll¡l lH

5 Jrl J 5 P P F P P F

UsE CATEBÍ}NT

Subtategoryt-t5Ê

Self-seruire Stor

Self-Service Storage facilities are subject to the following supplemental regulations

5upplernenta!Regulations

,9\,3REVTSEù 5/24/2O2O

Section 40.360 Self-Service Storage Facilities

40.360-A General

1. The general provisions of this section apply to all self-servite storåge facilities

2. A screening fence or masonry wall is required along al1 lot lines that abut R- orAG-R- zoned lots. Required screening fences and walls must be at least I feet inheighr lf buildings are mäsonry the building wall can serve äs the screening

wall, provided that any open spaces between perimeter buildings are screenedwith a masonry screening wall ¿t least I feet in height. The streeningfence/wall requírements of this section do not apply to climate-controlled self-

storðge buildings in which self-storage sp¿rces are accessed only from withinthe building.

TULSA ZOÍUlt¡G CODE | [Jecer¡'shen üq, 20'l IP¿ge 4Ð-19

Chapter 4O I Supplemental Use and Suilding Regulãtione

Section 4O.370 | Sexualþ Oriented Buslness Establishmenb

Figurt 4A-I 2: Srreening: of ürirr*-up Sfflr Sef-Storq8ie FonÍrtíes frorr ,4buttíng fr or Á6-R Oistncfs

nh- t'w¡llor fenee

dtiw-up

oôr¡ttfnq I ød6-Ê d¡st¡trl

J- A single dwelling unit rnay be ¡ntegr¿ted into the self storage facility.

4" No activittes other than storage and pick-up and deposit of stored rnaterialsare allswed within the storage units.

(approve/deny) a Special Exception to permit a self-service storage facility in aCS District (Sec. 15.020, Table 15-2)

Per the Conceptual Plan(s) shown on page(s)

-

of the agenda packet.

¡slfsforaíetor.ilìty

SAMPLE MOTION:Move to

a

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 ofthe Code and will not be injurious to the neighborhood or othenryise detrimental to the public welfare.

,rt,t{

a

REVTSED 5/28/2O2O

1+- *"

rffil.-

Subject Property

Subject Property

'3\.5

rFl

Føcing East on 76th Street

Focing Nonh on Memorìal

é\. (t

MenÆfffi¿ß natffi

Subject property from intersection of E 76th Street and 5 Memorial Dr.

ú\.'l

lirlSä Boord of uslment2 West Second Slreel Su¡te 800 | Tuln, OK 74103 | 918'fi4.7526 | wnv.cnyoîtutto-bos.otg

Dale:0412412020

Lou Reynolds2727 E 21st StreetTulsa, OK74114

DELIVER ELECTRON IGALLY: [email protected]: BOA-2291 1 (Administrative Adjustment)Address: 1535 S Memorial Dr E

Applicant Name: Lou Reynolds

Upon examination the Land Use Administrator has APPROVED your request for anAdministrative Adjustment (BOA-

Zàgl l) to reduce the street setback in a CS District from district to 1 0' (Sec. 1 5.030, Table 1 5-3) to 5" per the attached

conceptual plan; for the following property:

BLK l,BROOKCREST SQUARE ADDN RESUB PRT L4 83 O'CONNOR PARK SUB, O'CONNOR PARK RESUB

PRT L3 83The Land Use Administrator has found that the following criteria have been met:

1. The requested administrative adjustment is consistent with all relevant purpose and intent statements of this

zoning code and with the general purpose and intent of the comprehensive plan;

2. The requested administraiive adjustment will not have a substantial or undue adverse effect upon adjacentproperty, the character of the area or the public health, safety and general welfare; and

3. Âny adverse impacts resulting from the administrative adjustment will be mitigated to the maximum extent

feasible.

you will need to print this letter and insert it into your permit package for submittal to the C¡ty. lf you havepreviously submítted plans to the permit office, then you will need to submit two sets at a legible size for a

revision to your permit package.

This letter shall not be considered a waiver of the necessity to apply for a building permit or a zoningclearance permit, as may be required by the proposed construction and proposed use of the subject lot.

Sincerely,

4-.lrr, A/""*r*

Austin ChapmanPlannerCity of Tulsa Board of Adjustment918-579-9471

.3\,8

Case No. 16673

Aclion Requested:---Speãat Errception to permit Use Unit f Z (qr!qi-s1gg.ge) inj_CS.zoned district, a

,räriance to permit open air display and sales wrthil]0O' of an R District and a variance

of the all-weather'surface rèquirement - SECTION 701. PRINCIPAL USESPERMITTED IN THE COMMERCIAL DISTRICTS, SECTION T2I7.C. USC

Conditions and SECTION 1303.D DESIGN STANDARDS FOR OFF-STREETPARKING AREAS - Use Unit 17, located 1520 south Memorial Drive.

Presentation:---1-n" upplicant, James Bracken, 1520 South Memorial Drive, was.represented.byWarréi Moriis, l9l8 East 51si Street, who informed that his client is relocating hisbusiness. He suúmitted a brochure (Exhibit G-1) and stated that the operation consists

of selling parts, renting dollies foi towing purposes and some outside ^s19pg9 .of

recreatioãaf vehícles and'boats. Mr. Morris þointed out that approximate|y 95% of.thebusiness is by mail and only th¡ee or four cuitomers visit the store in a one-day pei99'He submitteá photographs'(Exhibit G-3) and stated that the parking area is partiallyhard surface, *ith t-he'remàinder being'gravel. Mr. Monis requested that the frontportion of the tract will be used for autornobile sales . He noted that there are similarðperations in the area. Code Enforcement information (Exhibit G-l) was submitted'

Comments and Quçstions:@ikeìotedthatphotographssubmittedbyCodeEnforcementshow

landscaping material on the próperty, and trrtr. Monis replied that these materials have

all been removed.

Ms. Parnell informed that that a skateboard business formerly occupied the subjectproperty, and a portion of the lot is concrete, which has been-leveled by adding gravel.

She staied that the gravel surface could create a dust problem for the area.

Mr. Gardner noted that some area businesses store automobiles that are inoperable and

they have the appearance of a salvage yard. He stated that,. if approved, conditionsshould be imposed that will eliminate this type of outside storage. )

Mr. Bolzle stated that the lot in question is much larger than other sales lots in the area,

and that he would like to see a site plan depicting the location of uses on the lot.

Ms. Pamell informed that the property in question has been a continual problem forCode Enforcement. She stated fhaithe-appliõant, Mr. Bracken, has cleaned the propertyand is a prospective buyer.

James Br¡cken, 1520 South Memorial, informed that vehicles can only be pæked northof the creek.

Mr. Jackere suggested that the application could be continued to allow the Board an

opportunity to rèview the plot plan before considering the case.

Mr. Monis requested that his client be permitted to park 20 vehicles on the northeast

corner (100'frontage by 130'depth) ofthe tract.

05.24.94:657

J\(e)

.q

Case No. 16673 (continued)Ms. Parnell íoted that many times Code Enforcement requires that inoperable vehiclesremoved from residential areas and they are then placed in storage facilities.

Board Action:On wTOTION of BOLZLE, the Board voted 5-0-0 (Bolzle, Chappelle, Doverspik-e,-S.White, T. White, "aye"; no "nays"; no "abstentions"; nOne "absêqt'l) to ¿,BPF,OVE aSpeciál Exceptiôn io permit Úse'Unit 17 (mini-Tgr^1ge) in_LÇS zoned district, a

variance to p"intit open'air display and sales witt in 300'óf an R District and a varianceof the all-wêather sutfuc" requirement for this use only - SECTION 701. PRINCIPALUSES PERMITTED IN TTTT COTVTMERCIAL NSTNTCTS, SECTION T217.C.

Use Conditions and SECTION 1303.D DESIGN STANDARDS FOR OFF-STREET PARKING AREAS - Use Unit 17; subject to no mini-storage beingpermitted on the northeast 100' (frontage) by 130' (depth¡, which is to be reserved forautomobile sales only, with a màximum ôf 20 automobiles; and subject to all vehicleson the subject propeiy being operable; finding the use, per conditions, to be compatiblewith the sürroúnding área, añd ìn harmony with the spirit and intent of the Code; on the

. following described property:

SE/4, NE/4, NE/4, SE/4, less east 45'thereof for street, Section ll, T-19-N, R-l3-E, City of Tulsa, Tulsa County, Oklahoma.

Case No. 16675

Action Reouested:Spèöiat Exception to permit a construction offrce and a janitorial service- in a CS zoneddistrict and ftrr a variänce of the required setback from ihe centerline of South Lewis -SECTION 701. PRINCIPAL ÚSES PERMITTED IN THE COMMERCIALDISTRICTS and SECTION 703. BULK AND AREA REQUIREMENTS IN THECOMMERCIAL DISTRICTS - Use Unit 15, located northwest corner of East 7thStreet and South Lewis Avenue.

Presentation:The applicant, Cgdar Creek Builders, PO Box 582505, was repres€nted by BarryBurkhart, 824 North Toledo Avenue, who stated that he is proposing to operate aconstruction off,rce on the property. He informed that other uses at this location will be

a janitorial service and tiniite¿ fabrication. Mr. Burkhart submitted a site plan (ExhibitH-t) an¿ photographs (Exhibit H-2), and stated that the existing-building and parkingwill.be utiiized.-Hè informed that a new building is proposed, and noted that numerousbuildings in the area have comparable setbacks.

CommQ[ts and Questi9-ns :

In reply to Mr. Doverspike, Mr. Burkha¡t stated that eight parking spaces will beprovided.

Ms. 'White asked what type of fabrication will be done at this location, and Mr. Burkhartstated that the major portion of the company's work will be completed at the customer'shome. He addeð thàt occasionally some custom cabinet work rnay be done at thislocation.

05.24.94:657(10)

3\.\o

8760 (continued)

Protests:

Board Action:

876L

ActÍon Reguested:

PresenLatfon:

In revlewfng the.applicantrs plot plan, theStaff pointed out that the ploc plan wouldneed to be revised to show the actual loca-tion of the nlght watchmanrs quarÈ,ers' atwhlch time Mrs. Cole noted on the plot planthe watchmanrs quarters. Mr. Alberty alsonoted thaÈ the Board needs to deterninenrhether or not the nÍght watchuanrs quartersis an accessory use custornarily incidenÈal tothe prlnciple use. If that determinatlon ismade then the night watchman ís permitted byrfght raÈher than the granting of an exeeption.In reviewing the proposed locat,ion of the mini-storage structures, Ít was pointed out that avariance of the setback requirement from 10thStreet would also be required, after which itwas noted that the application had not beenproperly advertised for this required varíance.

David Faulifg; Assistant City Attorney, suggestedthat the appl.fcatíon be conlfnued ln order thatit rnlght be readverÈised and proper notice given.

None.

On I"IOTION of SMITH, the Board (5-0) continuedappLication 8760 to October 16, 1975,1:30 p.m.,Langenheim Auditorium, Clty l{a1l, Tulsa ClvlcCenter, in order th¿t the applicat.ion míght bereadvertieed and proper notice glven.

Exception (SectÍon 7LO - Princlpal Uses Permit-ted Ln Couunercial Distrlcts - Section L2L7 -Automotlve and AlLíed Activitles) to erect amlni-sEorage facility; and an

ExcepÈion (Section 72O - Accessory Uses Pennft-ted 1n Co¡rrnerclaL Dlstrlcts) to have lfvfngquarters for a night waËchrnan in a CS DlsÈricEtocated at L520 South Mmrorial Drive.

Gomer Evans submftted the plot plan (ExhfblttrN-l't) and requested permfssion to erect a minl,-storege facilicy wlth nighÈ watchrnanr s guarterson the subject property, per the plot plan.Upon questloning, Mr. Evans advfsed that thefacillty wÍll be constructed of cement blockswith meÈal doors and ltghts to be concentraÈedon the area and away from surrounding propertlee.

9 .18.75:L96(21)

ó\.\\

8761 (continued)

Protests:

Board AcËlon:

Actf.on Requested:

Presentatf.on:

In revfewlng the facllfty proposed, Board Member

Srnlth suggested that earthen-tone paÍnt rnight beused to be compaÈtble with the surroundlng de-velopoent,, that landscaping be provided alongMemorlal Drive, that the lfghtÍng be directedaway frø the aparcmenÈs and surroundÍng resl-dente, that no signs be painted on the bulldfngsthenrselves., and that the facil.ity be setback 1101

f¡om centerline as requlred.

None.

O,n MOTION of GUERRERO, the Board (5-0) approvedan Exception (Section 710 - Principal Uses Per-sritted fn Corurercial Districts - Section LZLT 'Automotlve and All1ed Actlvítfee) to erect emf.nf-storage facl1lty; and found the Living quartersfor a night ¡¡atchm¿n to be accessory to the princÍ-pLe use of Èhe facílíty, subject to earthen-conepaint being utilfzed, landscaplng aLong the prop-erty llne on Memorial being provÍded, lighting beingdirected away from Ehe surroundlng Propertles, noslgns belng pafnted on Èhe structures themeelves,and thac the facfLity be setback 110r fron thecenterlLne of Memorial as requÍred, per revisedp1-ot plan Ëo be subnitted, ln a CS Distrlct on thefollowlng descrÍbed Èract:

sE/4, NE/4, NE/4, sE/4, of sectfon 11,Tornship L9 North, Range 13 Eaet' TulsaCounty, Oklahona.

Exception (Section 410 - Principal Uses Permittedfn Resldenclal DlstricÈg - Section I-205 - Co¡rr¡un-lty Servlces, Cultural and RecreatÍonel- Facilities)to operate a chlld care center ln a church buil-ding1n an RS-3 Dtstríct located at 727 Eaet 56th StreetNorth.

Betty Jean Craven, representing Gethsemane BapEiêt,Church, reguested permisslon t.o oPerate a childcare center wlÈhin the Church, noting thaÈ approx-imately 15 welfare or potential welf¿re recipientswllt be served by the operatf.on which will be open24 hours per day. l,frs. Craven advieed that thereare no parklng problens and that the Chureh hadbeen inspected by the lleaLÈh Depårtment.

Mrs. Vanteen l^Iileon, 5531 North Hartford Place,advised Ëtre Board thst ehe was given penriselonin 1972 to operate a dey care center on che prop-erty whích abuts the subJect property. Slnce her

9.18.75|L96(22)

8762

Protests:

,l.lÂ

CHUCK LANGEZONING OFFICIALPLANS EXAMINER

TEL (918)596-9688

clange@cityoft u lsa. org

LOD Number: INatalie Cornett2727 Ê2STTulsa, OK74104

APPLICATION NO:

Location:Description:

DEVELOPMENT SERVICESI75 EAST 2"d STREET, SUITE 450TULSA, OKLAHOMA 74103

ZONING CLEARANCE PLAN REVIEW

October 28,2019

Phone: 918.747.8900

zco-043642-2019(PLEASE REFERENCE THIS NUMBER WHEN CONTACTTN? OUR OFFTCÐ1535 S Memorial DrSelf-Service Storage Facility

INFORMATION ABOUT SUBMITTING REVISIONS

OUR REVIEW HAS IDENTIFIED THE FOLLOWING CODE OMISSIONS OR DEFICIENCIES IN THEPROJECT APPLICATION FORMS, DRAWINGS, AND/OR SPECIFICATIONS. THE DOCUMENTS SHALLBE 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 RESOLVED3. THE COMPLETED REVTSED/ADD|T|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 AT175 EAST 2nd STREET, SUTTE 450, TULSA, OKLAHOM A 74103, PHONE (9r 8) 596-9601 .

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

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

IIMPORTANT INFORMATION

1. IF A DESIGN PROFESSIONAL IS INVOLVED, HIS/HER LETTERS, SKETCHES, DRAWINGS, ETCSHALL BEAR HIS/HER OKLAHOMA SEAL WITH SIGNATURE AND DATE.

2. SUBMTT TWO (2) SETS OF DRAWTNGS rF SUBMTTTED USTNG PAPER, OR SUBMTT ELECTRONTCREVISIONS IN 'SUPPORTING DOCUMENTS', IF ORIGINALLY SUBMITTED ON-LINE, FORREVISED OR ADDITIONAL PLANS. REVISIONS SHALL BE IDENTIFIED WITH CLOUDS ANDREVISION MARKS.

3. TNFORMATTON ABOUT ZONTNG CODE, tNDtAN NATTON COUNCTL OF GOVERNMENT (tNCOc),BOARD OF ADJUSTMENT (BOA), AND TULSA METROPOLTTAN AREA PLANNTNG COMMTSSTON(TMAPC) rS AVATLABLE ONLTNE AT \

^ ^/v.TNCOG.ORG OR AT TNCOG OFFTCES AT

2W.2nd ST., 8th FLOOR, TULSA, OK,74103, PHONE (918) 584-7526.

4. A COPY OF A -RECORD SEARCH' t X IIS f IIS NOT INCLUDED WTH 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 BOARDOF ADJUSTMENT, INCOG STAFF WILL PROVIDE THE APPROVAL DOCUMENTS TO YOU FORIMMEDIATE SUBMITTAL TO OUR OFFICE. (See revisions submittal procedure above.).

(continued)

31.13

REVIEW COMMENTS

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

WWW.CITYOFTULSA-BOA.ORG

zco-043642-2019 1535 S Memorial Dr October 28,2019

Note: As provided for in Section 70.130 you may request the Board of Adjustment (BOA) to grant a variance fromthe terms of the Zoning Code requirements identified in the letter of deficiency below. Please direct all questionsconcerning variances, special exceptions, appeals of an administrative official decision, Master PlanDevelopments Districts (MPD), Planned Unit Developments (PUD), Corridor (CO) zoned districts, zoning changes,platting, lot splits, lot combinations, alternative compliance landscape and screening plans and all questionsregarding (BOA) or (TMAPC) application forms and fees to an INCOG representat¡ve at 5.942539. lt is yourresponsibility to submit to our offices documentation of any appeal decisions by an authorized decision makingbody affecting the status of your application so we may continue to process your application. INCOG does notect es your legâl or responsible agent in submitting documents to the City of Tulsa on your behalf. Staff reviewcomments may sometimes identify compliance methods as provided in the Tulsa Zoning Code. The permitapplicant is responsible for exploring all or any options available to address the noncompliance and submit theselected compliance option for review. Staff review makes neither representation nor recommendation as to anyoptimal method of code solution for the project.

L Sec.15.020 Table 15-2: Your proposed Storage facility is designated a Commercial/Self-service Storage Facility

use and is in a CS zoning district. This use is allowed in the CS zoning district by special exception.

Review comment: Submit a copy of the special exception, reviewed and approved per 5ec.70.720, to allow

Commercial/Self-service Storage Facility use in a CS zoning district.

2. Sec. 15.030-A Table 15-3: The required building setback from the E 16 ST property line is 10'.Review comment: The proposed setback is 4'. Submit a site plan providing a 10' building setback from the 16

ST property line. You may wish to consider a variance to reduce the setback to less than 10'.

3. Sec. 15.030-A Table 15-3: The property abuts an RM-2 district to the east. The required buildingsetback from the property line is L0'.Review comment: The proposed setback is less than 10'. Submit a site plan providing a 10' buildìng setback

from the east property line. You may wish to consider a variance to reduce the setback to less than 10'.

4. Sec.40.360-A: Self- serv¡ce Storage Facilities1. The general provisions of this sect¡on apply to all self-service storage facilities.

2. A screening fence or masonry wall is required along all lot lines that abut R-zoned lots. Required

screening fences and walls must be at least 8 feet in height. lf buildings are masonry, the building wallcan serve as the screening wall, provided that any open spaces between perimeter buildings are

screened with a masonry screening wall at least 8 feet in height. The screening fence/wallrequirements of this section do not apply to climate-controlled self-storage buildings in which self-storage spaces are accessed only from within the building.

Figure 40-12: Screening of Drive-up Style Self-Storage Facilitiesfrom Abutting R Districts

min. 8'wall or fence

drive-up

abutting fr dßtr¡ã

2

selfstarogefarility

Review comment: Provide screening, along the east property line, in accordance with this section

3\.\q

5. Sec.55.020 Table 55-2: The proposed storage facility is designated a Commercial/Self-serviceStorage Facility and is in an CS district. The minimum parking requirement is .2 spaces for 1-000 sqftof floor area. There is 15580 sqft of floor area. This will require 4 parking spaces.Review comment: Submit a site plan providing + parking spaces that comply with the design criteriaof 9ec.55.090. You may wish to sider an Alternate Compliance Parking ratio approved per5ec.55.050-K.

6. Advisory note: Sec.40.360-C: ln the CS district, no outdoor (open-air) storage of any kind is allowedthat is visible at ground level from abutting R or O districts or from any street rights-of-way.

Note: All references are to the City of Tulsa Zoning Code. Link to Zoning Code:http ://www.tmapc.orq/Docu ments/TulsaZo n i nqCode. pdf

Please notifv the reviewer via email when vour revisions have been submitted

This letter of deficiEncies coverc Zoning plan review items only. You may receive additional letters from otherdisciplines 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

J

END . ZONING CODE REVIEW

NOTE: THIS CONSTITUTES A PLAN REVIEW TO DATE IN RESPONSE TO THE SUBMITTED INFORMATION ASSOCIATED WITHTHE ABOVE REFERENCED APPLICATION. ADDITIONAL ISSUES MAY DEVELOP WHEN THE REVIEW CONTINUES UPONRECEIPT OF ADDITIONAL INFORMATION REQUESTED IN THIS LETTER OR UPON ADDITIONAL SUBMITTAL FROM THEAPPLICANT.

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

3\,\5

Exhibit'uA"

The Applicânt requests a Special Exception pursuant to Table l5-2 of the Tulsa ZoningCode (the o'Çgde") to permit a self-service storage facility in a CS District for property located at

1535 S. Memorial Drive (the "Property"). Attached hereto is a site plan of the proposed storage

facility.

The Property is located in a mixed-use conidor at the northeast comer of South MemorialDrive and East 16th Street. The Property is abutted to the north and south by commercial stripcenters. Across Memorial to the west of the Property is a used car sales lot and to the east are

multi-family units. The project will cornply with the screening requirements of the Code for selÊstorage facilitíes adjacent to R districts.

The Property was formerly an office building that had become dilapidated and structurallyunsound. In May 2019, the Property was rezoned from OL to CS and the abandoned officebuilding has been demolished. On April 3,2019, TMAPC recommended approval of the rezoning

in Case Z-7476 and on May 15, 2Q19, the Tulsa City Council approved the same, said rezoningadopted by Ordinance No. 24137.

The proposed storage facility is consistent with the existing commercial development along

Memorial and the expected development pattern in a mixed-use conidor and thus will not be

injurious to the neighborhood or otherwise detrimental to the public welfare. Further, as apermitted use by special exception in the CS district, which zoning was approved by the Tulsa CityCouncil, the self-service storage facility is in harmony with the spirit and intent of the Code.

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3a,\

BOARD OF ADJUSTMENTCASE REPORT

STR: 9422CZM: 50

CD: 6

Case Number: BOA-22921

HEARING DATE: 0610912020 1:00 PM

APPLICANT: Jose Socorro

ACTION REQUESTED: Special Exception to increase the maximum driveway width within the right-of-way. (Section 55.090-F.3)

LOCATION: 4003 S 148 AV E ZONED: RS-3

PRESENT USE: Residential TRACT SIZE: 7944.03 SQ FT

LEGAL DESCRIPTION: LOT 5 BLOCK 4, BATTLE CREEK PARK BLKS 1-4

RELEVANT PREVIOUS ACTIONS: None.

RELATIONSHIP TO THE COMPREHENSIVE PLAN: The Tulsa Comprehensive Plan identifies thesubject property as part of a "New Neighborhood " and an "Area of Growth"

The purpose of Areas of Growth is to direct the allocation of resources and channel growth to whereit will be beneficial and can best improve access to jobs, housing, and services with fewer and shorterauto trips. Areas of Growth are parts of the city where general agreement exists that development orredevelopment is beneficial. As steps are taken to plan for, and, in some cases, develop or redevelopthese areas, ensuring that existing residents will not be displaced is a high priority. A major goal is toincrease economic activity in the area to benefit existing residents and businesses, and wherenecessary, provide the stimulus to redevelop.

The New Neighborhood designation is intended for new communities developed on vacant land.These neighborhoods are comprised primarily of single- family homes on a range of lot sizes but caninclude townhouses and low-rise apartments or condominiums. These areas should be designed tomeet high standards of internal and external connectivity and shall be paired with an existing or newNeighborhood or Town Center.

ANALYSIS OF SURROUNDING AREA: The subject tract is Located South of the SE/c of S. 148th EAve and E. 39th Pl.

STAFF GOMMENTS: ThE applicant is requesting Specral Exception to increase the maximum

3a,A

driveway width within the right-of-way. (Section 55.090-F.3)

RWISÊO 5/28/2O2O

55.090-F Surfacing

1. All off-street parking arÊås must be surfaced with a dustless, all-weather surface unless

otherwise expressly stated in this zoning code. Pervious påvement or pervious pàvement systemsare allowecl subject to the supplemental regtrlations of Section 55.090-F.4. Parking area surfacingmust be completed prior to initiation of the use to be served by the parking.

z, All motorized vehicles designed for travel upon public streets and that are being parked,stored or displayed for sale must be parked. stored or displayed on dustless, all-weather surface.This surfacing requirement does not apply to junk or salvage yards. The board of adjustment is¿uthorized to grånt a special exceptian permitting the storage or display of rnotorized vehicles on asurface other than one consisting of a dustless. ¿ll-weather surface if the location complies with all

applicable rninimum br-ri lding setbacks.

3. ln RE and RS zoning districts, driveways serving residential dwelling uniB may not exceed

5û9,ü of the lot frontage or the following maxirnum widths, whichever is less. unless a greater width isapproved in accordance with the special exception procedures of -!gç-¡!gn.Zû.L¿P, or, if in a PUD, in

accordance with the amendment procedures of 5eçtiçn-3fr.Q10:¡.e. {Refer to the City of TulsaStandard Specifications and Details for Residential Driveways #701 -70,4.1.

Maxirnum Driveway W¡dth

LÐt Less than 3{f t2lDrirreway Within Right-of-Way {feet} [1] '¡2"

Driveway Within Street Setb¿tk {feet} 30' 30'

[1] Maximum width applies to the composite of all driveways if multiptre curb cuts are provided.

[2] Provided that for lot fnontages less than 24 feet a driveway up to l2 feet in width is permltted.

The applicant is requesting to increase the width of their driveway curb cut to 28'. Per the zoning codethey are limited to a 26' curb cut. The applicant would be required to get a right-of-way permit prior toconstruction.

SAMPLE MOTION:

Move to (approve/deny) a Special Exception to increase the maximum driveway widthwithin the right-of-way. (Section 55.090-F.3)

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

. 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 ofthe Code and will not be injurious to the neighborhood or othenruise detrimental to the public welfare.

3 a,3

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Facing South on S. 748th E. Ave.

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3a,5

Jetr S. TaylorZonlng O'fficial

Plân6 Examiner lllTEL{e18)59ê7637

jstaþ[email protected]

Joce SocorroZONING CLEARANCE PI.AN REVIEW

[email protected]|.2020

APPLICATION ilO: ZCO- æAn-2O20(PLEASE REFERENCE THIS NUMBER WHEN COî,rrACTING OUR OFFICE)

Project Location:4ü}3 S 148þ Ave EDesefi ption : Drtveway Expansion

DEVELOPMENT SERVICES175 EAST 2''d STREET, SUITE 450

TULSA, OKLAHOMA 74103

INFORÍ|IATION AEOUT SUBMFïNG RHfl$l0l'tg

OUR REVIEW HAS IÐENTIFIEÐ THE FOLLOW|NG CODE OMISSIONS OR DEFICIENCIES IN THEPROJECT APPLICATION FORMS, DRAWINGS, AND/OR SPECIFICATIONS. THE DOCUMENTS SHALLBE REVISED TO COMPLYWTTH THE REFERENCED CODE SECTIONS.

REVISIOIIS TTIEED TO INCLUDE THE FOLLOIMI{G:1. A COPY OF THIS DËFICIENCY LETTER2. AWRITTEN RESPONSEAS TO HOW EACH REVIEW COMMENT HAS BEEN RESOLVED3. THE COMPLETED REVTSED/ADDTTTONAL PLANS FORM (SEEATTACHED)4. BOARD OF ADJUSTMENT APPROVAL DOCUMENTS, IF RELEVANT

REVTSIONS SHALL BE SUBMÍTTED DIRECTLY TO THË CITY OF ruLSA PERMIT CENTER LOCATEDAT 175 EAST 2nd STREET SUTTE 450, TULSA, OK|.AHOMA 74103, PHONE (918) 596-960r.THE CITY OF TULSA WLL ASSESS A RESUBMITTAL FEE. DO NOT SUBMIT REVISIONS TO THEPL.ANS EXAMINERS-

SUBUTTTALS FAXED t EnNLED TO ELANS EXAHTNERS Vllr+ NOT BE ACCEPTED.

iltpoRf¡trf ' tfEFoRilAltott

1. SUBMTT TWO (2) SETS [4 SETS rF HEALTH DEPARïMENT REVTEW rS REQUIREDI OF REVTSED ORÆ)DMONAL PI.ANS. REVISIONS S}IALL BE IDENTIFIED WTH CLOUDS AÑD REVISION i/|ARKS.

2. PURSUANT TO FEDERAL, STATE, AND LOCAL DECLARATIONS OF EMERGENCY ARISING FROTS THECOVIIÞîg THREATAIIDAS DIRECTED BYTHEADNillsTRANO}l, OUROFFICEIS CLOSEDTOTHE PUBUCuxTll. Ft ßTHER ilOTFE- PAFEn $tBITTALtS flrcLlrIHG relßSþlrs AilD

^llllEr[X,Il FOR A¡fY

PRû'ECT IS TIOT ACGEPTED AT THIS TITE. fF SUBMTNilG RÉI'ISIO¡{S FOR APPUCANO'{S THATPREVIOUSLY UÎILIZED PAPER PLANS, EMAIL THE REVISEÐ PLANS TOCOTDEVSVCS@CITYOFTULSÀORG ORSUBTIT ELECTROT{IC PLAN REVISIOT{S OT{ THE PORTALATHTTPSJ'TULSAOICTYLËRTECH.CO.T/E!{ERGOV4934'SELFSERVICE. YOT' IIILL NEED TO REGISTER OilTHE PORTAL IF YOU HAVE NOT PREVIOUSLY DONE SO.

3. TNFORMATIO¡| ABOT TZONTNG CODE, tNDtAN t{ATtOr{ COUNC|L OF GO\,ER}TMENT {|NCOG}, BOARD OFAfIn STMENT (BOA), AND TT LSA MÊTROPOLÍrAN AREA PÍ-ANMNG CÐMM¡SS|ON fTMAPC) tS AVAú|.ABLEONLINE AT WWW.INCOG.ORG OR AT INCOG OFFICES AT2W.2tÉ ST., 8ü' FLOOR, TULSA, OK,74103, PHONE (918) 584-7526.

4. A COPY OF A'RECORD SEARCIf f llS f x IIS NOT INCLUDED WTH THIS LETTER. PLEASE PRESENT THE"RECORD SEARCH" ALONGWITH THIS LETTERTO INCOG STAFF AT TIME OF APPLYING FOR BOARD OFADJUSTMENTACTIONATINCOG. UPOùIAPPROVALBYTHEBOARDOFADJUSTI'ENT,INCOGSTAFFWILLPROVIDE THE AI¡PROVAL DOC1.h'EIÍTS TO YOU FOR NllilEDIATE SUBMTÍÍAL TO Ot.lR OFFICE- (S€Ercvislons subm¡ttal pmcedure above. ).

(continued)

3e,v

REVIEW COMIIENTS

SECTIONS REFERENCED BËLOI,I' ARE FROM THE CITY OF TULSA ZONING CODE TITLE 42 AND CAN BE VIEWED AT

http ;lltulsa plann ín g.orglpla nslTulsaZoningCode. pdf

Application No. ZCO- 562r¿1-2020

l{ote: As provlded üor in Sectton 70-130 yo$ m.y requæt t}rs Bo¡rd of AdluùtmcrÌt to grant a variancc from lheþnn¡ of üþ Zsùg Gode ruçtirwrls ülerúifsd ir¡ü.|tr of dcfioieæy ¡.lou. Flcæc ûr¡ct S C¡eanonscoacerning varfanæs, rpcciC oxcegüom, ¡ppcab of an admfni¡&¡tir¡o offioiål dfcisbn, Ha¡br Pl¡nDevetopments O¡ûtrfete (ilPft), Planned Un¡tDovêlopmonh (Pt Dl, Conldor (GOlzoned dlslficþ, zonlng chângês,

datüng, lot splilr, bt oomblndions, a$cmdve eompfianæ landecape and s*eening plam and all quesüonsÞgarding (BOA}or (ÍtAFBl .Flicaton fiorms ard ñ.û !o an ll&OG rrpûÉ!fltdìrs d 5t{'7540. ft ia yourrespondbillQr to ¡ubn*tto our oillcer doeumentatlon of any appeal deçlclon¡ by an authorEad &cl¡lon maklng¡oCyæclirlgüe staù¡¡otyourqpficdoncomnn¡rældnuotÒpfoc¿seyoür¡ßdbdoüt me0G'daßsnotac{ac yorr logt or rrrpanrüa ag¡úh sr¡ùwúüítg docr¡mat¡ loütt Cily d'T,uþa oo yowbrffi,$tarff lwleu¡ eommsnle m*y rornetinoec idôaffi complfence me&od¡ er prorrldad ln tñe T'Eli¡e ZonÈrg,Gode. Tlrepcrmfr apgllcantlr rrcponsible Íor etploring all or eny optlon¡ avallable ûo addr¡¡s Oro noncompllanco and eubmktñe sdc&d aompllrnce opüon fur rlvler..Statr ¡wTcry nEtce neitùcr mpr¡*ntaüon ns ¡rcommÉndaüon as toany optlmal method,of codo ¡oh¡tion fortfre proteot

55.1r90f3 Surfacing. ln RF and RS zoning disficts, drivewap serving residential dwellíng units may notexceed the foflowing maximum wídths unfess a greater width ís approved in accordance with the specialexceotion procedures of Section 70i2A. Maximum Driveway Width in the Right Of Way (ROW) is 26' and 30'outside of ROW.

Review Comments: This lot has a width of 65'. The submitted site plan proposes a driveway width thatexceeds the maximum a[owabb driveuny width wihin the ROW. Revise plans to indkate the dñveway shallnot exceed 26' width in the ROW or appfy to tñe BOA fur a soecial exception to allor a dnveway wÍhin theROW to exceed 26'in width.

Thls lottcr óf dcf,alcndes eover¡ &nlag dan ruv|il, lt€¡¡B orúy. You mry rcælvo addilonal lctfcr¡ from. dlr¡rds& sudr æ ButdQ or WdecrrllFalttrgr ñr il.ml nd adûæ¡ed in'ü¡þ trf. A ltad cogt of ütb

&r 1¡ atr¡t& upon ¡¡rFEú þú ftc apdiermt

Ploase iloti[¡ PlanÊ,Examlner By Ëmall tfVhcn You, ]law Submltl¡d A Revlston ,lf you orlginally tuÞmlt paperpfane, rwËIons must bc ¡ubmltbd ao papcr p*rrta lf you submlt onlinc, rcvir¡iom must bs eubmflþd online

2

END -ZOTÚING CODE REVIEW

IIOTE: THIS CONSTTTUTES A PLAN REVlEtv TO DATE lN RESPONSE TO THE SUBMITTED INFORÍT{ATIOñ¡ ASSOCIATED WTHrHE ABOVE REFERENCED APPIICAIION. ADDITIONAL

'SSUES MAY DEVELOP WHEN ÎHË REVIEW CONTINUES UPON

RECEIPT OFAODITIONAL INFORMATION REQUESTED IN THIg LETTER OR UPON ADDITIONAL SUBMITTAL FROM THEAPPL¡CANT.

KEEP OUR OFFICE ADV]SED OF ANY ACTION BY THÊ CITY OF TULSA BOARD OF ADJUSTMENT OR TULSA METROPOLITANAREA PLANNING COMMISSION AFFECTING THE STATUS OF YOUR APPUCATION FOR A ZONING CLEARANCE PERM¡T.

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BOA-22922- A-Max Sign Gompany

THE APPLICANT HAS REQUESTED ACONTINUANCE TO June 23,2020

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BOARD OF ADJUSTMENTCASE REPORT

STR: 9201

CZM: 36

CD:4HEARING DATE: 06/09/2020 1:00 PM

Case Number: BOA-22924

APPLICANT: Kayla Lee

ACTION REQUESTED: Special Exception to permit an Assembly and EntertainmenUOther OutdoorUse and Business or Professional Office Use in an lM zoned district (Sec. 15.020, Table 15-3)

LOCATION: 1217 E3 ST S; 1215 E 3 ST S ZONED: lM

PRESENT USE: Vacant Lot TRACT SIZE: 14000.24 SQ FT

LEGAL DESCRIPTION: LTS 2627 BLK 17; LTS 24-25 BLK 17, BERRYADDN

RELEVANT PREVIOUS AGTIONS:

Subject Tract: None

Surrou ndi ng Properties :

BOA-21967; on 10.13.2015 the Board approved a Special Exception to permit an industrial bakery in

a CH zoned district located 1232 East 2nd Street just North of the Property.

2-7455; On 12.09.18 the City Council approved a re-zoning for the property immediately South of theSubject property from lM to MX-P-U.

RELATIONSHIP TO THE COMPREHENSIVE PLAN: The Tulsa Comprehensive Plan identifies thesubject property as part of a "Mixed-Use Corridor and an "Area of Growth"

Mixed-Use Corridors are Tulsa's modern thoroughfares that pair high capacity transportationfacilities wíth housing, commercial, and employment uses. Off the main travel route, land uses includemultifamily housing, small lot, and townhouse developments, which step down intensities to integratewith single family neighborhoods. Mixed-Use Corridors usually have four or more travel lanes, andsometimes additional lanes dedicated for transit and bicycle use. The pedestrian realm includessidewalks separated from traffic by street trees, medians, and parallel parking strips. Pedestriancrossings are designed so they are highly visible and make use of the shortest path across a street.Buildings along Mixed-Use Corridors include windows and storefronts along the sidewalk, withautomobile parking generally located on the side or behind.

The purpose of Areas of Growth is to direct the allocation of resources and channel growth to whereit will be beneficial and can best improve access to jobs, housing, and services with fewer and shorterauto trips. Areas of Growth are parts of the city where general agreement exists that development orredevelopment is beneficial. As steps are taken to plan for, and, in some cases, develop or redevelopthese areas, ensuring that existing residents will not be displaced is a high priority. A major goal is toincrease economic activity in the area to benefit existing residents and businesses, and wherenecessary, provide the stimulus to redevelop. 4Å, a

RWßeD 5/28/2O2O

ANALYSIS OF SURROUNDING AREAand S. Owasso Ave in the Pearl District.

The subject tract is located East of the NE/c of E. 3'd Street

STAFF GOMMENTS: The applicant is requesting Special Exception to permit an Assembly andEntertainment/Other Outdoor Use and Business or Professional Office Use in an lM zoned district(Sec. 15.020, Table 15-3)

thapter 15 | Office, Cornrnercial and lndustrial DistrictsSection 15.02CI | Use Regulations

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SAMPLE MOTION: Move to (approve/deny) a Special Exception to permit an Assemblyand EntertainmenUOther Outdoor Use and Business or Professional Office Use in an lM zoneddistrict (Sec. 15.020, Table 15-3)

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

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 ofthe Code and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

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Comments and Questions:Mr. Van De Wiele stated that he thinks the 10:00 P.M. hour is too late especially duringthe winter months when it is dark earlier. The fact that the sign faces east and westhelps but he thinks this will light up the entire section of 91't at least between the hoursof dark and 10:00 P.M. The fact that the airport is expressing a concern tends toconcern him. Mr. Van De Wiele believes this is self-imposed.

Mr. Swiney asked Mr. Kenneth White about his concern of the pilots landing and takingoff and if the FAA had jurisdiction over these type issues, Mr. Kenneth White stated thathe did not think so.

Mr. Henke stated that he thinks this proposed sign will be detrimental to theneighborhood, whether it is the airport or the neighbors across the street.

Mr. White stated that he used to fly out of Riverside Airport and there are no other lightsthat present a distraction, and a sign with LED lighting could be a distraction. Mr.

Henke thinks there is going to be light pollution in the area and it would be naÏve to thinkthat having a large digital sign across the street isn't going to be noticeable. lt will be

noticeable and it will affect those properties.

Board Action:On fVlOflON of VAN DE WIELE, the Board voted 4-0-0 (Henke, Flanagan, Van De

Wiele, White "aye"; no "nays"; no "abstentions"; Snyder absent) to DFNY the request fora Variance to allow a digital sign within 200 feet of an R District (Section 1221.C.2),finding the hardship to be self imposed and that the Variance would pose a detriment tothe neighborhood and a potential safety concern with the airport; for the followingproperty:

pRT SE BEc l75N & 965.79W SECR SE TH W553.86 NE860.24 SE618.09 SW426.34TO POB SEC 13 18 12 7.95OACS, CITY OF TULSA, TULSA COUNTY, STATE OFOKLAHOMA

21967-lame¡ Smilev F åå_r ciit]-fAction RequestediSpeciai Exception to permit a bakery (Use Unit 25) in the CH District (Section 701,

Table 1); Spscial Exception to permit parking on a lot other than the lot containingtr.eprinõi@25'D).l-ocarlbu:1232Easl2ndStreetSouth(CD4l

Presentation:James B. Srriley, Architect, 6006 East 57th Place, Tulsa, OK; stated he representsAntonio Perez. The building is Type 1-B construction of reinforced concrete and

masonry. The top floor of the building has been occupied for several years as a mediacenter for Hispanic radio and television. The bottom floor has been vacant for several

10/1312015-1149 (8)

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years and the Perez's would like tö have a tortilla factory on the first floor of the subject

bui6ing. There will be no drop in trade because it is not a mercantile type business.

The usê will be strictly for the manufacturing of bakery goods and shipping them to the

distributors. The building will remain as is on the outside other than to add parking on

the west side to accommodate the factory employees, which should be less than ten

people at any one time. There will be trucks arriving to pick up finished product for

delivery and for unloading raw products for the manufacturing process.

Mr. Van De Wiele asked if the lot where the parking lot is going to be is owned by the

same people that will have the toftilla factory. Mr. Smiley answered affirmatively and

stated the lot is in the application process of combining lots 1 thru 12.

lnterested Parties:@0East1"tStreet,Tulsa,oK;statedheisheretoencouragetheBoard to approve the Special Exceptìons requested. He owns various properties to the

south across the alley and across 3'd Street" ln an effort to move this entire forward he

thinks this Special Exception is going to be requested over and over. Therefore, he

encourages the Board to approve today's request'

Comments a d Ouestions:Mr. Van De Wiele asked staff if this request should wait for the lot combination. Ms,

Miller stated that the Letter of Deficiency that the Building Permit Office issued had the

lot combination as a solution, but this was the solution that was chosen. The applicantcould have combined all the lots or he could come before the Board for this action'

Board Action:On MOTION of VAN DE WIELE, the Board voted 4-0-0 (Henke, Flanagan, Van De

Wiele, White "aye"; nO "nays"; nO "abstentions"; Snyder absent) tO APPROYE the

request for a Special Excention to permit a bakery (Use Unit 25) in the CH District

(Sectionzot,topermitparkingonalototherthanthelotòontaining the principal usé (Section 1301 .D), subject to "as built" with the parking to be

on the loiwhich is immediately adjacent to the west, 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:

W4.5 LT 2 ALL LTS 3 4 5 6 7 8 BLK 17, BERRY ADDN, CITY OF TULSA, TULSACOUNTY, STATE OF OKLAHOMA

21968-Lamar Outdoor Advertisinq - Lorinda Elizando

Action Bequested:ffiacingrequirementforanoutdooradvertisingsignof1,200feetfrom anotfrer outdoor advertising sign on the same side of the highway (Section

1221.F.2); Verification of the spacing requirement for a digital outdoor advertising

sign of 1,200 feet from any other digital outdoor advertising sign facing the same

tolt3l2ots-7149 (9)

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Leqal Description of CZ-475:A PARCEL OF LAND rN THE SOUTHEAST QUARTER (SE/4) OF ON

NTY-ONE (21), TOWNSHTP TWENTY-ONE (21) NORTH, GEN (13) EAST OF THE |NDIAN MERTD|AN, TULSA COU , STATE

OFTHE

HOMA ACCORDING TO THE U.S. GOVERN SURVEY. MORE PARTICULARLY DESCRIBED AS FOL

BEGINNI 32.1 FEET WEST OF THE NORTHEAST RNER OF THENORTH UARTER OF THE SOUTHEAST (NW/4 SE/4) OFSECTION 21, SHIP 21 NORTH, RANGE 3 EAST; THENCESOUTHERLY ON RVE TO THE R¡GHT A DIÏHENCE SOUTH ADISTANCE OF 237.4

ISTANCE OF 356.8THENCE S RLY ON A CURVE TO THE

RIGHT A DISTANCE O ,07 FE THENCE WEST ALONG THESECTION LINE OF THE N TER OF THE SOUTHWESTQUARTER (NE/4 SW/4) A Dr c 511.56 FEET; THENCE NORTHAPPROXIMATELY 660 FEET; TH E WEST A DISTANCE OF 660.68 FEET;THENCE NORTH A DISTANC o ,321.55 FEET; THENCE EAST ADISTANCE OF 1,288.13PARCEL CONTAINING 46

TOT POINT OF BEGINNING. SAIDACRES MOR LESS

ANDBEGINNING 331 EET EAST AND 185 ET NORTH OF THESOUTHWEST C ER OF THE SOUTHEAST O R SECT¡ON 21,

A DISTANCE OFTOWNSHIP 21 RTH, RANGE 1 3 EAST; THENCE NO1,137 .54: T CE EAST A DISTANCE OF 331.02 FEET; NCE SOUTH ADISTANC 1,172.41 FEET; THENCE WEST A DISTANCE 19.81 FEET;TH NORTH A DISTANCE OF 10 FEET; THENCE WEST STANCEOF FEET; THENCE NORTHWEST A DISTANCE OF 74

E WEST A DISTANCE OF 61.51 FEET TO THE POINT OF BEGI G;D PARCEL CONTAINING 8.79 ACRES MORE OR LESS

******ìlt**trr.

6@(cD4)Location:WestofthesouthwestcornerofSouthPeoria Avenue and East 3'd Street South requesting rezoning from lM toMXI.P-U

STAFF REGOMMENDATION:

SECTION l: 2-7455

DEVELOPMENT GONGEPT:The applicant is proposing a multi-story mixed use building on this site. Thecurrent lM zoning does not allow that use and is not consistent with theComprehensive Plans Downtown Neighborhood land use designation.

CE OF 1,014.2 FEET;THENCE SOUTH A

1

809:18:18:2778(9)

34,

DETAILED STAFF RECOMMENDATION :

Z-7455 requesting MX1-P-U is consistent with the Downtown Neighborhood landuse designation as outlined in the Tulsa Comprehensive plan and,

MX1-P-U is consistent with the expected development pattern in thisneighborhood between Highway 75 and South Peoria and,

MX1-P-U is non-injurious to the surrounding property owners therefore,

Staff recommends Approval of 2-7455 to rezone property from IM/ to MX1-P-U.

SECTION ll: Supporting Documentation

RELATIONSHIP TO THE COMPREHENSIVE PLAN:

Staff Summarv: Land uses and building forms allowed in this mixed-usezoning are consistent with the Tulsa Comprehensive Plan.

Land Us-e Vision:

Land IJse Plan map designation: Downtown NeighborhoodDowntown Neighborhoods are located outside but are tightly integratedwith the Downtown Core. These areas are comprised of university andhigher educational campuses and their attendant housing and retaildistricts, former warehousing and manufacturing areas that are evolvinginto areas where people both live and work, and medium- to high-risemixed use residential areas. Downtown Neighborhoods are primarilypedestrian-oriented and are well connected to the Downtown Core via

local transit. They feature parks and open space, typically at theneighborhood scale.

Areas of Stability and Growth designation: Area of GrowthThe purpose of Areas of Growth is to direct the allocation of resources andchannel growth to where it will be beneficial and can best improve accessto jobs, housing, and services with fewer and shorter auto trips. Areas ofGrowth are parts of the c¡ty where general agreement exists thatdevelopment or redevelopment is beneficial. As steps are taken to planfor, and, in SOme cases, develop or redevelop these areas, ensuring thatexisting residents will not be displaced is a high priority. A major goal is toincrease economic activity in the area to benefit existing residents andbusinesses, and where necessary, provide the stimulus to redevelop.

09:18;18:2778(10)

Jq.q

Areas of Growth are found throughout Tulsa. These areas have manydifferent characteristics but some of the more common traits are closeproximity to or abutting an arterial street, major employment and industrialareas, or areas of the city with an abundance of vacant land. Also,several of the Areas of Growth are in or near downtown. Areas of Growthprovide Tulsa with the opportunity to focus growth in a way that benefitsthe City as a whole. Development in these areas will provide housingchoice and excellent access to efficient forms of transportation includingwalking, biking, transit, and the automobile."

Tra nsportation Vision :

Major Sfreef and Highway Plan: East 3rd Street and Owasso are both considereda CBD/lndustrial Collector with an 8O-foot-wide minimum right of waydesignation. The properties were platted around 1908 with a 60-foot-wide rightof way. Many buildings along 3rd Street encroach into that planned right of wayand lt is unlikely that the 8O-footwide right of way will ever be acquired at thislocation. INCOG staff has initiated a request to reconsider the planned right ofway designation of this section 3rd Street and S. Owasso.

Trail System Master Plan Considerations: None

SmallArea Plan: None

Special District Considerations: None. This site is not included ¡n the Bus RapidTransit mixed use incentive boundary.

Historic Preservation Overlav: None

DESCRIPTION OF EXISTING CONDITIONS:

Staff Summaru: The site is between 3rd street, a raìlroad and SouthOwasso. The properiy plan includes using some of the railroad right ofway for parking that may be required.

Environmental Considerations: None that affect site development

Streets:

Exist, Acces.s MSHP Desiqn MSHP RAA/ Exist. # Lanes

East 3'd Street South CBD/lndustrialCollector

80 feet 4

South Owasso CBD/lndustrialCollector

B0 feet 2

09:,f8:18:2778(11)

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Utilities;

The subject tract has municipalwater and sewer available

Surroundinq Properties:

SECTION lll: Relevant Zoning History

ZONING ORDINANCE: Ordinance number 11814 dated June 26, 1970,established zoning for the subject property.

Subject Property: No relevant history

Surrounding Property:

80A-21967 October 13. 201È The Board of Adjustment approved a specialexception to permit a bakery (Use Unit 25) in the CH District; a special exceptionto permit parking on a lot other than the lot containing the principal use (subjectto "as built" with the parking to be on the lot which is immediately adjacent to thewest, on property located west of the southwest corner of East 2nd Street Southand South Peoria Avenue.

BOA-21942 SepleEber 8.20{5: The Board of Adjustment denied (failed due toa lack of a majority vote) a request for a special exception to permit a soupkitchen and grocery pantry (Use Unit 5) in the lM District, on property located onthe southwest corner of East 3rd Street South and South Peoria Avenue,

PIJÐ-81712-7277 Ausust 2014:, All concurred in approval of a proposedPlanned Unit Development on a 0.5+ acre tract of land for a micro-brewery andapproval of a request for rezoning from CH to |L/PUD-817 on property located onthe southeast corner of East 4th Street and South Madison Avenue.

Location ExistingZoning

Existing LandUse

Desiqnation

Area ofStability or

Growth

Existing Use

North IM DowntownNeiqhborhood

Growth Assembly andEntertainment

East ¡M DowntownNeiqhborhood

Growth Vacant

South Railroad ROW0M)

DowntownNeishborhood

Growth Railroad

West Railroad ROWflM)

DowntownNeiohborhood

Growth Railroad

09:'18:18:2778(12)

34.\\

80A-21260 Mav 10, 2011: The Board of Adjustment approved a variance ofthe parking requirement for a mixed-use property in the lM district to permitmultiple uses in existing buildings, on property located on the northeast corner ofSouth Madison Avenue and East 3'd Street.

The applicant indicated his agreement with staff's recommendation.

There were no interested parties wishing to speak.

TMAPC Action; 9 members present:On MOTION of DlX, TMAPC voted 9-0-0 (Covey, Doctor, Fothergill, Krug,Millikin, Reeds, Ritchey, Shivel, Walker, "aye"; no "nays"; none "abstaining"; Dix,Fretz, "absent") to APPROVE 2-7455 rezoníng from lM to MX1-P-U per staffrecommendation.

Leoal Description of 2-7455:LOTS FOURTEEN (14) AND FTFTEEN (15), BLOCK ETGHTEEN (18), BERRYADDITION TO THE CITY OF TULSA, TULSA COUNTY, STATE OFOKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF.ANDTHAT PART OF LOTS ELEVEN (11), TWELVE (12) AND THTRTEEN (13),BLOCK ETGHTEEN (18), BERRY ADD|TION TO THE C|TY OF TULSA,TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THERECORDED PLAT THEREOF, BEING MORE PARTICULARLY DESCRIBEDAS FOLLOWS, TO-WIT: BEGINNING AT THE NORTHWEST CORNER OFSAID LOT THIRTEEN (13); THENCE EAST ON THE NORTH LINE OF LOTSTHTRTEEN (13), TWELVE ('12), AND ELEVEN (11) TO THE NORTHEASTCORNER OF SAID LOT ELEVEN (11); THENCE SOUTHWESTERLY TO APOINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF THE M.K.T.RA|LWAY, SA|D PO|NT BEING F|VE AND FIVE-TENTHS (5.5) FEETNORTHWESTERLY OF THE SOUTHEAST CORNER OF SAID LOTTHIRTEEN (13); THENCE NORTHWESTERLY ON SAID RIGHT-OF-WAYL|NE TO THE SOUTHWEST CORNER OF SAID LOT THTRTEEN (13);THENCE NORTH ON THE WEST LINE OF LOT THIRTEEN (13) TO THEPOINT OF BEGINNING.

OTHER BU ESS

7Zoning Code, Title 42 Tulsa

ss proposed amendments to the TulsaOrdinances, to provide for medical

1

09:18:18:2778(13)

34. lÀ

BLAKE ROSENBAUMPERMITTING EXAMINER

TEL (918)596-2570blakerosen bau m@cityoft

ulsa.org

DEVELOPMENT SERVICES175 EAST 2"d STREET, SUITE 450TULSA, OKLAHOMA 74103

ZONING CLEARANCE PLAN REVIEW

March 13,2020

Phone: 918.236.3990

zco-055821-2020(qLEASE REFERENCE TH|S NUMBER WHEN CONTACTTNG OUR OFFTCÐ1215 E 3RD ST SASSMBLY, OUTDOOR WEDDING VENUE W/ OFFICE SPACE AND STORAGEBLDGS.

LOD Number: 1

Name: Kayla LeeAddress: 3202E 21sr STTulsa, OK,74114

APPL¡CATION NO:

Location:Description:

INFORMATION ABOUT SUBMITTING REVISIONS

OUR REVIEW HAS IDENTIFIED THE FOLLOWNG CODE OMISSIONS OR DEFICIENCIES IN THEPROJECT APPLICATION FORMS, DRAWINGS, AND/OR SPECIFICATIONS. THE DOCUMENTSSHALL BE REVISED TO COMPLY WTH 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 RESOLVED3. THE COMPLETED REVISED/ADDITIONAL PLANS FORM4. BOARD OF ADJUSTMENT APPROVAL DOCUMENTS, IF RELEVANT

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

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

IMPORTANT INFORMATION

1. IF A DESIGN PROFESSIONAL IS INVOLVED, HIS/HER LETTERS, SKETCHES, DRAWNGS, ETCSHALL BEAR HIS/HER OKLAHOMA SEAL WTH SIGNATURE AND DATE.

2. SUBMTTTWO (2)SETS OF DRAWNGS tF SUBMTTTED USING PAPER, OR SUBMIT ELECTRONICREVISIONS IN 'SUPPORTING DOCUMENTS', IF ORIGINALLY SUBMITTED ON-LINE, FORREVISED OR ADDITIONAL PLANS. REVISIONS SHALL BE IDENTIFIED WTH CLOUDS ANDREVISION MARKS.

3. TNFORMATTON ABOUT ZONTNG CODE, TND|AN NATTON COUNCTL OF GOVERNMENT (tNCOG),BOARD OF ADJUSTMENT (BOA), AND TULSA METROPOLTTAN AREA PLANNTNG COMMTSSTON(TMAPC) lS AVAILABLE ONLINE AT WM¡r/.INCOG.ORG OR AT INCOG OFFICES AT2W.2nd ST.,8th FLOOR, TULSA, OK,74103, PHONE (918)584-7526.

4. A COPY OF A'RECORD SEARCH" f X IIS f IIS NOT INCLUDED WTH THIS LETTER. PLEASEPRESENT THE "RECORD SEARCH'ALONG WITH THIS LETTER TO INCOG SÏAFF AT TIME OFAPPLYING FOR BOARD OF ADJUSTMENT ACTION AT INCOG. UPON APPROVAL BY THEBOARD OF ADJUSTMENT, INCOG STAFF WLL PROVIDE THE APPROVAL DOCUMENTS TOYOU FOR IMMEDIATE SUBMITTAL TO OUR OFFICE. (See revisions submittal procedure above.).

34,t3

REVIEW COMMENTS

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

zco-055821-2020 1215 e 3rd st s March 13,2020

Note: As provided for in Section 70.130 you may request the Board of Adjustment (BOA) to grant a

variance from the terms of the Zoning Code requirements identified in the letter of deficiency below.Please direct allquestions concerning separat¡on d¡stance acceptance and allquestions regardingBOA application forms and fees to the INCOG BOA Planner at 918-584-7526. lt is your responsibility tosubmit to our office documentation of any decisions by the BOA affecting the status of your applicationso we may continue to process your application. INCOG does not act as your legal or responsibleagent in submitting documents to the City of Tulsa on your behalf. Staff review comments maysometimes identify compliance methods as provided in the Tulsa Zoning Gode. The permit applicantis responsible for exploring all or any options available to address the noncompliance and submit theselected compliance option for review. Staff review makes neither representation nor recommendationas to any optimal method of code solution for the project.

l: Sec.15.020 Table 15-2: The proposed use is designated an Assembly and Entertainment/OtherOutdoor and Office/Business or Professional Office Use and is located in an lM zoned district. This will requirea Special Exception approved by the BOA.

Review comment: Submit an approved BOA Special Exception, reviewed and approved per

5ec.70.720, to allow an Assemble and Entertainment/Other Outdoor and Office/Business or ProfessionalOffice Use in an lM zoned dístrict.

2: Sec.55.020 Table 55-1: The proposed use is designated an Assembly and Entertainment/OtherOutdoor and Office/Business or Professional Office Use and is located in an lM zoned district. This will require(1.1 parking spaces per 1000 sqft of outdoor area) plus (2.8 parking spaces per 1000 sqft of indoor area)totaling 7 parking spaces.

Review comment: Submit an updated site plan showing a minimum of 7 parking spaces.

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

http ://www.tma pc. orq/Documents/Tu lsaZon i nqCode. pdf

Please notifv the reviewer via email when vour revisions have been submitted

This letter of deficiencies covers Zoning plan review items only. You may receive additional letterc from otherdisciplines 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 ASSOCIATEDWITH THE ABOVE REFERENCED APPLICATION. ADDITIONAL ISSUES MAY DEVELOP WHEN THE REVIEW CONTINUESUPON RECEIPT OF ADDITIONAL INFORMATION REQUESTED IN THIS LETTER OR UPON ADDITIONAL SUBMITTAL FROMTHE APPLICANT.

KEEP OUR OFFICE ADVISED OF ANY ACTION BY THE CITY OF TULSA BOARD OF ADJUSTMENT OR TULSAMETROPOLITAN AREA PLANNING COMMISSION AFFECTING THE STATUS OF YOUR APPLICATION FOR A ZONINGCLEARANCE PERMIT.

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BOARD OF ADJUSTMENTCASE REPORT

STR: 9212CZM: 36

CD:4HEARING DATE: 0610912020 1:00 PM

Case Number: BOA-22931

APPLICANT: Bill Powers

ACTION REQUESTED: Variance to permit the aggreate floor area of detached accessory structuresto exceed 40% of the floor area of the principal residential structure (Section 45,030-A) and aVariance to allow an accessory structure to exceed 18 feet in heíght, and more than 10 feet in heightto the top of the top plate (Section 90.090-C).

LOGATION: 1539 S DETROITAV E ZONED: RS-3

PRESENT USE: Sing le-family Residential TRACT SIZE: 20826j2 SQ FT

LEGAL DESCRIPTION: ALL LT 13 & PRT LTS 14 THRU 17 BEG SWC LT 14 TH N25 NE203.195171.78 SW14O POB BLK 1, MAPLE PARKADDN

RELEVANT PREVIOUS ACTIONS: None

RELATIONSHIP TO THE COMPREHENSIVE PLAN: The Tulsa Comprehensive Plan identifies thesubject property as part of a "Park and Open Space " and an "Area of Stability".

Tulsa's park and open space are assets. These are areas to be protected and promoted through thetargeted investments, public- private partnerships, and policy changes identified in the Parks, Trails,and Open Space chapter. Zoníng and other enforcement mechanísms will assure thatrecommendations are implemented. No park and/or open space exists alone: they should beunderstood as forming a network, connected by green infrastructure, a transportation system, and atrail system. Parks and open space should be connected with nearby institutions, such as schools orhospitals, if possible.

The Areas of Stability include approximately 75o/o 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 maíntaín 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 qualityof 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.

ANALYSIS OF SURROUNDING AREA: The subject tract is Located North of the NE/c of E. 16th St.and S. Detroit Ave., immediately south of Maple Ridge Park. Though the Comprehensive Plandesignate this property as Parks and Open Space, staff believes this should be reviewed during thenext round of updates to the Comprehensive Plan.

39,4REVTSED 5/24/2O2O

STAFF COMMENTS: The applicant is requesting a Variance to permit the aggreate floor area ofdetached accessory structures to exceed 40% of the floor area of the principal residential structure(Section 45.030-A) and a Variance to allow an accessory structure to exceed 18 feet in height, andmore than 10 feet in height to the top of the top plate (Section 90.090-C).

Section 45.030 Accessory Buildings and Carports in R Districts

45.030-A Accessory Building Size

1. RE and R5-1 Districtsln RE and R5-1 distr¡cts, the total aggregatefloorarea of all detached accessorybuildings, including accessory dwelling units, and accessory buildings noterected as an integral part of the principal residential building may not exceed750 square feet or 4ÐÐ/o of the floor area of the principal residential structure,whichever is greater. [1]

2. RS-2, RS-3, RS-4, RS-S and RM Districtsln R5-2, R5-3, RS-4, RS-s or RM, zoned lots used for detached houses orduplexes, the total aggregate floor area of all detached accessory buildings,including accessory dwelling units, and accessory buildings not erected as anintegral part of the principal residential building may not exceed 500 squarefeet or 4Oo/o of the floor area of the principal residential structure, whichever is

greater. [1]

[1] For detached accessory buildings, including accessory dwelling units,located within rear setbacks see 990.090-C2.

z. Detached Accessory Suildings" including Accessory Dwelling Units, in RE, RS.

RD Distrícts and RM Zoned Lots Used for Detached Houses or Duplexes.l

a. Detached accessory buildings, including Accessory Dwelling Units, may belocated in rear setbacks provided that:

{11 The building does not exceed one story or 18 feet in height and is notmore than 10 feet in height to the top of the top plate; and

Figure 90-9: ll¡laximum Height of Accessory Buildings, lncludíng Accessory Dwelling Units ln Reor Setbacks lRË, R5

and RD Districts ar RM Zaned Lats Used for Detached Houses or Duplexes)

max. l8'

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detarhed otæssory building ar rctessory dwellinq unit

The proposed building is 1 ,376 square feet and by code they would be limited to 1 ,194 square feet.The height of the proposed building would 22' 7" and 18' 4" to the top of the top plate.

35,3

top plate

REVTSED 5/28/2020

STATEMENT OF HARDSHIP: The existing garage is too small for cars and too expensive to modifyWe need a full-size garage with quarters for family members

SAMPLE MOTION: Move to (approve/deny) a Variance to permit the aggreate floor areaof detached accessory structures to exceed 40% of the floor area of the principal residential structure(Section 45.030-A) and a Variance to allow an accessory structure to exceed 18 feet in height, andmore than 10 feet in height to the top of the top plate (Section 90.090-C)

o 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

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

a. That the physical surroundings, shape, or topographical conditions of the subject propertywould result in unnecessa/y hardships or practical difficulties for the property owner, asdistinguished 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 theprovision's intended purpose;

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

d. That the alleged practical difficulty or unnecessa4f 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 will 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 will not cause substantial detriment to the public good orimpair the purposes, spírit, and intent of this zoning code or the comprehensive plan."

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Tulsa, OK 74120APPLICATION D ATE: 0410912020

EXPIRATION DATE:

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$66,079.20

COMPANY

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2500092't207000

A new garage with quarters as indicated onplans. The quarters is for family use only.Owner understands ¡t cannot be rented out.

PARCEL:

DESCRIPTION:SQUARE FEET:

VALUATION:

CONTACTS

Appl¡cant

NAME

B¡ll Powers

ADDRESS

BB10 S Yale Ave, CTulsa, OK 74137

REVIEW ITEM STATUS REVIEWER

1 . Building Requires Danny Whiteman Ph: 918-596-9664 email: [email protected]

Review item used to allow build¡ng to comment during a plan reviewv.1 - No Correction

v.2 - No Correction

2. Plann¡ng/Zoning Requires Jeff Taylor Ph: 918-596-7637 email:[email protected]

Rev¡ew conducted by the planning and zoning departmentv.l - Not Resolved

Correction: GeneralComments: 45.030-8 RS-2, RS-3, RS-4, RS-5 or RM Districtsln RS-2, RS-3, RS-4 and RS-s districts, the total aggregate floor area of all detached accessory buildings and accessory buildings not erected as anintegral part of the principal residential building may not exceed 500 square feet or 40olo of the floor area of the principal residential structure,whichever is greater.Correct¡ve Action: Review comments: You are proposing a comb¡ned 1376 sq ft of floor area for all detached accessory structures on this lot. Theproposed detached structures exceeds 500 sq ft and 4ïo/o of the size of your house. Based on the size of your house (2984 sq ft) you are allowed1 1 94 sq ft of detached accessory structures on your lot. Reduce the size of your proposed detached accessory structures to be less than I 1 94 sq ft orapply to BOA for a variance to allow a combination of all detached accessory structure floor area to exceed 40% of the floor area of the pr¡ncipalresidential structure.Correction: GeneralComments: 90.90.C: Detached Accessory Buildings. Detached accessory buildings may be located in rear setbacks in RE, RS and RD districts,provided that the building does not exceed one story or 18 feet in he¡ght and ¡s not more than 1 0 feet in height to the top of the top plate.Corrective Action: Review Comments: Revise plans to ¡ndicate that the detached accessory building will not exceed one story or 18 feet in height and¡s not more than 10 feet ¡n he¡ght to the top of the top plate or apply to the BOA for a variance to allow an accessory structure to exceed one story,18feet in height and more than 10 feet in height to the top of the top plate .

v.2 - Not Resolved

Correction: GeneralComments: 90.90.C: Detached Accessory Buildings. Detached accessory buildings may be located in rear setbacks in RE, RS and RD d¡stricts,provided that the building does not exceed one story o|l8 feet in height and is not more than 10 feet in height to the top of the top plate.Corrective Action: Review Comments: Revise plans to ¡ndicate that the detached accessory building will not exceed one story or l8 feet in height andis not more than 10 feet in height to the top of the top plate or apply to the BOA for a variance to allow an accessory structure to exceed one story,18feet in he¡ght and more than 10 feet in height to the top of the top plate .

Correction: GeneralComments: 45.030-8 RS-2, RS-3, RS-4, RS-s or RM Districtsln RS-2, RS-3, RS-4 and RS-s districts, the total aggregate floor area of all detached accessory buildings and accessory buildings not erected as an¡ntegral part of the principal residential building may not exceed 500 square feet or 40% of the floor area of the pr¡ncipal residential structure,wh¡chever is greater.Corrective Action: Review comments: You are proposing a combined 1376 sq ft of floor area for all detached accessory structures on this lot. Theproposed detached structures exceeds 500 sq ft and 40o/o of the size of your house. Based on the size of your house (2984 sq ft) you are allowed'1 1 94 sq ft of detached accessory structures on your lot. Reduce the size of your proposed detached accessory structures to be less than 1 I 94 sq ft orapply to BOA for a variance to allow a combination of all detached accessory structure floor area to exceed 40% of the floor area of the principalresidential structure.

3. Water/SewelDrainage Approved Randy Westbrook email: [email protected]

Rev¡ew item used to allow WSD to comment during a plan reviewv.1 - No Correction

35,\

P ERMTT CORRECTT O NS REPORT ( B LD R-05 867 8-2O2OlFOR CITY OF TULSA

Building Review (Residential)

May 05, 2020 175 E2nd St., Tulsa, OK Page 1 of 1

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BOARD OF ADJUSTMENTCASE REPORT

STR: 9212CZM: 36

CD:4HEARING DATE: 0610912020 1:00 PM

Case Number: BOA-22932

APPLICANT: Lou Reynolds

ACTION REQUESTED: Special Exception to allow a Commercial/Assembly & EntertainmenUlarge(>250-person capacity) in the CBD zoning district (Sec.15.020 Table 15-2)

LOCATION: 1227 S DETROIT AV E

PRESENT USE: Commercial

ZONED: CBD

TRACT SIZE: 13651.76 SQ FT

LEGAL DESCRIPTION: The South 20 feet of Lot Seven (7) and the North 30 feet of the vacatedstreet adjacent to the Southside of said Lot Seven (7) in Block Two Hundred Six (206), and the North 11 feet of Lot Nine (9)and the South 30 feet of the vacated street adjacent to the North side of said Lot Nine (9), in BlockTwo Hundred Nine (209), WOODLAWN, an Addition to the City of Tulsa, Tulsa County, Stateof Oklahoma, according to the recorded Plat thereof.

RELEVANT PREVIOUS ACTIONS: None

RELATIONSHIP TO THE COMPREHENSIVE PLAN: The Tulsa Comprehensive Plan identifies thesubject property as part of the "Downtown Core " and an "Area of Growth".

Downtown Core is Tulsa's most intense regional center of commerce, housing, culture, andentertainment. lt is an urban environment of primarily high-density employment and mixed-useresidential uses, complemented by regional-scale entertainment, conference, tourism, andeducational institutions. Downtown Core is primarily a pedestrian-oriented area with generoussidewalks shaded by trees, in-town parks, open space, and plazas. The area is a regional transithub. New and refurbished buildings enhance the pedestrian realm with ground-floor windows andstorefronts that enliven the street. To support downtown's lively and walkable urban character,automobile parking ideally is located on-street and in structured garages, rather than in surfaceparking lots.

The purpose of Areas of Growth is to direct the allocation of resources and channel growth to whereit will be beneficial and can best improve access to jobs, housing, and services with fewer and shorterauto trips. Areas of Growth are parts of the city where general agreement exists that development orredevelopment is beneficial. As steps are taken to plan for, and, in some cases, develop or redevelopthese areas, ensuring that existing residents will not be displaced is a high priority. A major goal is toincrease economic activity in the area to benefit existing residents and businesses, and wherenecessary, provide the stimulus to redevelop.

ANALYSIS OF SURROUNDING AREA: The subject tract is located Northwest of the NE/c of E. 13th

Street S. and S. Detroit Ave. The property is immediately adjacent to an office building and is acrossDetroit from auto repair businesses,

SV, e.REVTSED 5/24/2O2O

STAFF COMMENTS: The applicant is requesting Special Exception to allow aCommercial/Assembly & EntertainmenUlarge (>250 person capacity) in the CBD zoning district(Sec. 1 5.020 Table 15-2)

Chapter 15 | Office, Commercial and lnclustrial DistrictsSection 15.02û | Use Regulations

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SAMPLE MOTION:

Move to (approve/deny) a Specra/ Exception to allow a Commercial/Assembly &Entertainment/Large (>250 person capacity) in the CBD zoning district (Sec. 15.020 Table 15-2)

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

. 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 ofthe Code and will not be injurious to the neighborhood or othen¡rise detrimental to the public welfare.

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Exhibit "B"

The Applicant requests a Special Exception pursuant to Table l5-2 of the Tulsa ZoningCode (the "Code") to permit Indoor Assembly and Entertainment (Large >250) use in the CBDDistrict for property located at 1227 S. Detroit Avenue (the "Propertv").

The existing building on the Property is a 12,740 SF warehouse, formerly the headquartersof the John L. Rucker Company, a janitorial supply company. The Property is located just northof the Broken Arrow Expressway exit ramp into the IDL at the intersection of E. l3th Street and S.

Detroit Ave. To the South of the Property is the Tulsa Fire Fighters Local 176 station. North and

West of the Property are various automotive shops and to the East is Gunboat Park.

The existing brick warehouse was originally built in 1925 and is currently undergoingrenovations in an effort to preserve one of Downtown Tulsa's historic buildings located at agateway into downtown. For the past several years, the Rucker family has housed its personal

classic car collection in the warehouse and used the space to host small events for family and

friends. The Rucker family desires to convert the existing building into a banquet hall for largeevents such as weddings, receptions, and fundraisers.

The proposed assembly and entertainment use will further the goals of the CBD district -encouraging a diversity of uses in the IDL, accommodating a desirable, more productive use ofland, and promoting private investment into the area - and thus is in harmony with the spirit and

intent of the Code. Additionally, the surrounding area along Detroit primarily consists ofwarehousing and light industrial uses. However, the Gunboat Park neighborhood to the East iscurrently undergoing a transformation from an industrial park to an offrce park with commercialand retail amenities. The proposed use will enhance an important entry point into downtown whilepreserving a historic building and will not be injurious to the neighborhood.

3b,lo

DANA L. BOXZONING

PLANS EXAMINER II

TEL (918) 596-9657danabox@cityoftu lsa. org

DEVELOPMENT SERVICESI75 EAST 2"d STREET, SUITE 450TULSA, OKLAHOMA 74103

ZONING CLEARANCE PLAN REVIEW

March 6,2020

Phone: 918-743-944LOD Number: IJulia Hovanec/Jeremy Perkins2200 S. Utica Place, Suite 216Tulsa, OK 74114

APPLICATION NO:

Location:Description:

BLDC-053500-2020(PLEASE REFERENCE THIS NUMBER WHEN CONTACTING OUR OFFrcq|1227 S. Detroit Ave.Banquet Hall

INFORMATION ABOUT SUBMITTING REVISIONS

OUR REVIEW HAS IDENTIFIED THE FOLLOWING CODE OMISSIONS OR DEFICIENCIES IN THEPROJECT APPLICATION FORMS, DRAWINGS, AND/OR SPECIFICATIONS. THE DOCUMENTS SHALLBE REVISED TO COMPLY WITH THE REFERENCED CODE SECTIONS.

REVIS¡ONS NEED TO INCLUDE THE FOLLOWING:

1. A COPY OF THIS DEFICIENCY LETTER2. A WRITTEN RESPONSE AS TO HOW EACH REVIEW COMMENT HAS BEEN RESOLVED3. THE COMPLETED REVTSED/ADD|T|ONAL PLANS FORM (SEE ATTACHED)4. BOARD OFADJUSTMENTAPPROVAL DOCUMENTS, IF RELEVANT

REVISIONS SHALL BE SUBMITTED DIRECTLY TO THE CITY OF TULSA PERMIT CENTER LOCATED AT175 EAST 2"d STREET, SUtrE 450, TULSA, OKLAHOM A 74103, PHONE (918) 596-9601 .

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

SUBMITTALS FÐGD / EMAILED TO PLANS EXAMINERS WILL NOT BE ACCEPTED,

IMPORTANT INFORMATION

1. IF A DESIGN PROFESSIONAL IS INVOLVED, HIS/HER LETTERS, SKETCHES, DRAWINGS, ETCSHALL BEAR HIS/HER OKLAHOMA SEAL WITH SIGNATURE AND DATE.

2. SUBMTT TWO (2) SETS OF DRAWTNGS tF SUBMTTTED USTNG PAPER, OR SUBMTT ELECTRONTCREVISIONS IN 'SUPPORTING DOCUMENTS', IF ORIGINALLY SUBMITTED ON-LINE, FORREVISED OR ADDITIONAL PLANS. REVISIONS SHALL BE IDENTIFIED WITH CLOUDS ANDREVISION MARKS.

3. TNFORMATTON ABOUT ZONTNG CODE, tND|AN NATTON COUNCTL OF GOVERNMENT (tNCOG),BOARD OF ADJUSTMENT (BOA), AND TULSA METROPOLTTAN AREA PLANNTNG COMMTSSTON(TMAPC) lS AVAILABLE ONLINE AT \ A^A/V.INCOG.ORG OR AT INCOG OFFICES AT2W.znd ST.,8th FLOOR, TULSA, OK,74103, PHONE (918) 584-7526.

4. A COPY OF A'RECORD SEARCH' f X IIS T IIS NOT INCLUDED WITH 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 BOARDOF ADJUSTMENT, INCOG STAFF WILL PROVIDE THE APPROVAL DOCUMENTS TO YOU FORIMMEDIATE SUBMITTAL TO OUR OFFICE. (See revisions submittalprocedure above.).

3\t,1

(continued)

REVIEW COMMENTS

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

BLDC-0s3500-2020 1227 S. Detroit Ave. March 5.2020

Note: As provided for in Section 70.130 you may request the Board of Adjustment (BOA) to grant a variance fromthe terms of the Zoning Code requirements identified in the letter of deficiency below. Please direct all questionsconcern¡ng variances, special exceptions, appeals of an administrative official decision, Master PlanDevelopments Districts (MPD), Planned Unit Developments (PUD), Gorridor (CO) zoned districts, zoning changes,platting, lot splits, lot combinations, alternative compliance landscape and screening plans and all questionsregarding (BOA) or (TMAPC) application forms and fees to an INCOG representative at 91$!9$!ã?Q. lt is yourresponsibility to submit, to our office, documentation of any appeal deeisions by an authorized decision makingbody affecting the status of your application so we mey continue to process your application. INGOG does notact as your legal or responsible agent in submitting documents to the City of Tulsa on your behalf. Staff reviewcomments may sometimes identify compliance methods as provided in the Tulsa Zoning Code. The pemitapplicant is responsible for exploring all or any options available to address the noncompliance and submit theselected compliance option for review. Staff review makes neither representation nor recommendation as to anyoptimal method of code solution for the project.

1. Section 15 Office, Commercial and lndustrial Districts - Sec.15.020 Table 15-2: Your building will be used as

a Banquet Hall, which is designated a Commercial/Assembly and Entertainment/Large (>250 person

capacity) use. This facility is in the CBD zoned district, which will require a Special Exception approved bvthe BOA.

Review comment: Submit an approved BOA Special Exception, reviewed and approved per Sec.70.120, toallow a Commercial/Assembly & Entertainment/Large (>250) use in the CBD district.

2. Section 70.080 Zoning Clearance and Permits, Sec.70.080-C: Applications for a Building Permit shall includea site plan that provides zoning data for the Zoning review portion of the Building Permit application. You

may have submitted a site plan that does not sufficiently cover all pertinent zoning data necessary for a

complete review.Review comment: Provide a site plan. The zoning site plan is required to provide the following:

o Legal description of the lot;o Actualshape and dimensions of the lot;o Location and dimensions of all easements;o Lot lines and names of abutting streets;o Public rights-of-way as designated on the Major Street and Highway Plan (MSHP) (Contact

INCOG @ 91-8-584-7526 for Right-of-Way information on the MSHP) or follow the linkbelow:

https://incoe.ma ps.arceis.com/a pps/weba ppviewer/index.html?id=c688593e48564a81a

f1fc2609846e587o The location and dimensions of existing buildings or structures, including distances to lot

lines;o The location, dimensions and height of proposed buildings or structures.

Note: All references are to the City of Tulsa Zoning Code. Link to Zon¡ng Code:http://tulsaplanninq.orq/plans/TulsaZoninqCode.pdf

2

Please notifu the reviewer via email when vour revisions have been submitted

3b.8

NOTE: THIS CONSTITUTES A PLAN REVIÊ1^/ TO DATE lN RESPONSE TO THE SUBMITTED INFORMATION ASSOCIATED WITHÏHE ABOVE REFERENCED APPLICATION. ADDITIONAL ISSUES MAY DEVELOP WHEN THE REVIEW CONTINUES UPONRECEIPT OFADDITIONAL INFORMATION REQUESTED IN THIS LETTER OR UPON ADDITIONAL SUBMITTAL FROM THEAPPLICANT.

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

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