Broken Arrow Board of Adjustment Meeting – March 9, 2026
Broken Arrow Board of Adjustment Meeting – March 9, 2026
The Broken Arrow Board of Adjustment met on March 9, 2026, to consider two variance requests within the Downtown Residential Overlay District (DROD). The board denied a variance for the Fort Worth Apartments (0.32 acres, 15-unit flats) to reduce driveway width from 26 to 20 feet, and continued a similar request for the Elgin Apartments (0.24 acres) to the April 13, 2026, meeting.
Consent Calendar
- Approved the board meeting minutes from the March 9 meeting unanimously (4-0).
Public Comments & Testimony
- Frank Horton (property owner at 222 East Detroit Street) spoke in opposition to the Fort Worth variance. He argued that the developer had not demonstrated a genuine hardship, that the need was self-created by the development's intensity, and that granting the variance would undermine DROD standards, safety, and property values. He later spoke again, urging the board to uphold the DROD to protect the Rose District's character and trust in zoning regulations.
Discussion Items
- 4B – Fort Worth Apartments Variance (VAR 002593-2025): Applicant Justin Abruin (Walls Design Collective) requested a variance to reduce the driveway width from 26 feet (DROD requirement for flats) to 20 feet (standard elsewhere and for row houses) for a 15-unit multifamily flat development at 202 East Fort Worth Street. The property (0.32 acres, four original town site lots) requires 15 parking spaces. Staff recommended approval, finding that the request met the four required variance criteria (unnecessary hardship, unusual conditions, minimum necessary, no other variation). The applicant stated the 20-foot width would be a one-way drive and meet fire access standards. Board members questioned the reasoning behind the DROD’s 26-foot requirement (adopted circa 2005-2006) and noted that row houses are allowed 20 feet. A motion to deny the variance was made and seconded. Vote: Rebecca Hinkle – yes, Kamara Washington – yes, George Jessquire – abstain, Judd Hatch – no. Result: 2-1-1 (denial carried).
- 4A – Elgin Apartments Variance (VAR 002667-2025): This request similarly sought a variance from DROD driveway width regulations for a 0.24-acre property at 202 Elgin Avenue (approximately 0.5 mile north of West Houston Street and 0.5 mile west of 9th Street). Staff recommended continuing the item to the next meeting on April 13, 2026. The board voted unanimously (4-0) to continue.
Key Outcomes
- Denied Fort Worth Apartments variance request (VAR 002593-2025) by a vote of 2-1-1 (motion to deny passed).
- Continued Elgin Apartments variance request (VAR 002667-2025) to the April 13, 2026, meeting (unanimous vote).
Meeting Transcript
We'll call this meeting of the Broken Arrow Board of Adjustment on the March the 9th to order. Roll call, please. There we go. Michelle Bergwall. Rebecca Hinkle here. Kamara Washington. Here. George Jessquire? Here. Judd Hatch. Here. Okay. Next item is consideration of consent agenda. And approval of the board meeting. Minutes from the 9th meeting on the 9th. Motion to approve. Second. Rebecca Hinkle. Yes. Kamara Washington. Yes. George Jess Choir. Yes. Judd Hatch. Yes. Okay. Our next item is our public hearing. Um we have 4A and 4B. Uh staff want to read us the information on the first. Yes. Item 4A is public hearing consideration and possible action regarding B VAR 002593 2025 Fort Worth Apartments. Approximately 0.32 acres downtown Ridential Overlay District 5 requesting a variance from Section 5 of the Downtown Residential Overlay District regulations to modify driveway width, located approximately one fourth north, one fourth mile north of West Houston Street and one uh one half mile west of 9th Street. This variance request is request to waive the downtown residential overlay district driveway with regulations located on the subject property as mentioned approximately one file one fourth mile north of West Houston Street and one half mile west of 9th Street. The property is currently the property currently addressed as 202 East Forth Worth Street is in the process of being developed into a 15-unit multifamily flat. This do this property is comprised of four lots of the original broken arrow town site. Parking regulations would require that there be one parking space per one bedroom unit, meaning this development would need approximately fit would need 15 parking spaces. For variance to be granted, there are four findings that must be found by the Board of Adjustment. One, unnecessary hardship. The application of the ordinance of the particular piece of property would create unnecessary hardship. Analysis. Excuse me, comprised of four original town site lots. Nonetheless, the parcel is only 14,000 square feet in size, leading to a restricted amount of space for the requested housing units and required amount of parking. Unusual conditions. Such conditions are peculiar to the particular piece of property involved. The analysis. A 20-foot driveway width at this parcel would not be any different. Structures that are considered row houses are allowed a maximum of 20 feet for the driveway width. The proposed development is a flat, and so its minimum is 26 feet and a maximum of 30 feet. Aerial fire act aerial fire access can be achieved from an adjacent public street without overhead utilities or wires. The fire marshal will ensure that fire codes are met during the site plan review process.
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