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Record of Proceedings

Board of Adjustment Dismisses Late Appeal for Zoning Violations on June 8, 2026

Meeting PortalMonday, June 8, 2026
BodyBroken Arrow, Oklahoma
SessionMeeting Portal
DateMonday, June 8, 2026
StatusFILED
Video Record

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Transcript — Verbatim
1:37

I thought he was in the parking lot.

1:39

Okay.

1:56

I don't know if we're supposed to be able to sign in on the computers or not.

1:59

Oh.

2:02

Nice screen here.

2:11

The what?

2:12

Oh sorry.

2:19

We open.

2:20

Yeah, open.

2:21

Okay.

2:34

Uh nope.

2:38

And what you go on paper do you want to do that?

2:44

Should see your did the same thing.

2:48

I just came in hit next and I don't know if it's browser.

2:52

Okay.

3:12

Apparently they gave me the one from nineteen ninety-two.

3:17

Yeah, I've said Vista.

3:42

Okay.

3:52

It's not there.

3:56

Okay, there we go.

3:58

I'm a little swell.

4:02

Come on, Shelley.

4:03

I've done this sort of thing before.

4:06

Any mom doesn't have a paint a little bit of crazy.

4:14

I gotta be smarter than the technology that I'm using, apparently.

4:17

Call this meeting of the broken arrow on board of adjustment to order.

4:22

Roll call, please.

4:32

Here we have two items on our consideration agenda.

4:39

Um minutes from the April thirteenth meeting as well as the minutes from the May 11th meeting.

4:47

Um I have to approve these individually.

4:53

One vote for both.

4:54

Okay.

5:00

I'll second Michelle Bergwall.

5:09

Yes.

5:09

Rebecca Hinkle?

5:10

Yes.

5:11

George Jessquire?

5:12

Yes.

5:12

Judd Hatch.

5:13

Yes.

5:19

Okay.

5:21

We are here to um go over item A in the public hearings, item 26-826.

5:32

Good evening.

5:33

Uh item 4A is an appeal of four zoning violations for DMB processing, 21.3 acres, zoned industrial light.

5:42

Uh properties located one third mile west of Edmonds Road and one half mile north of New Orleans Street.

5:49

In discussing this appeal with the city attorney's office, uh, we've been notified that uh the appeal was not filed in a timely manner, and so our motion would be to dismiss and I'll defer to City Attorney's Office for any other information.

6:07

Yes, Mr.

6:07

Chairman, that's correct.

6:08

Upon reviewing the file, uh notice that the appeal on this was filed March 17th, well after the appeal time period for the notice of zoning ordinance violation.

6:19

Um therefore time is expired and this isn't properly before the board.

6:23

Uh the municipal citation was however dismissed.

6:27

We can't revive that, uh, so there's no issue pending in in court either on this issue.

6:33

But I would recommend to the board that this is not properly before you at this time and you should not make take any action on it.

6:41

Okay.

6:42

It's a moot issue today.

6:44

Okay.

6:47

Um motion to dismiss.

6:53

I second.

7:00

Michelle Bergwall, yes.

7:02

Rebecca Hinkle?

7:03

Yes.

7:03

George Jessquire?

7:05

Yes.

7:05

Judd Hatch.

7:06

Yes.

7:12

Do we have any general business?

7:15

None from staff.

7:20

Okay.

7:22

Um other questions, comments.

7:26

Um I'm I guess I'm just curious.

7:28

I thought maybe I should ask that when you were talking about, but you said there was no basically all of it is kind of already been.

7:36

Yeah, so what happens is there's a notice of zoning ordinance violation uh that's provided to the landowner, and they're you're given 14 days to appeal that decision.

7:48

Uh that wasn't that didn't happen.

7:51

Right.

7:52

And so the zoning ordinance violation is confirmed just by an act of law, and so there's no action to take at this time.

8:04

Of course, there's no repercussions either because the court case was dismissed.

8:08

So that's right.

8:08

Okay.

8:09

It's a procedural okay.

8:13

Fair enough.

8:14

We have a motion to adjourn.

8:16

Motion to adjourn.

8:18

Second.

8:27

Michelle Bergwall, yes.

8:28

Rebecca Hinkle, yes, George Jessquire, yes, Judd Hatch.

8:32

Yes.

8:33

All right, we are adjourned.

Discussion Breakdown — Share of Meeting
Procedural█████████████████████████████████████████████73%
Pending Litigation█████████████████27%
Summary of Proceedings

Board of Adjustment Dismisses Late Appeal for Zoning Violations on June 8, 2026

The Broken Arrow Board of Adjustment met on June 8, 2026, to consider minutes from prior meetings and a public hearing on an appeal of zoning violations. The board unanimously dismissed the appeal after the city attorney advised that it was filed after the statutory 14-day deadline, rendering it not properly before the board. The underlying municipal citation had already been dismissed.

Consent Calendar

  • Minutes of April 13, 2026 and May 11, 2026: Approved unanimously by a single vote (4-0). Members present: Michelle Bergwall (yes), Rebecca Hinkle (yes), George Jessquire (yes), Judd Hatch (yes).

Discussion Items

  • Appeal of Zoning Violations (Item 26-826): The board considered a late appeal of four zoning violations for a 21.3-acre property zoned Industrial Light, located one-third mile west of Edmonds Road and one-half mile north of New Orleans Street. Chairman noted that the appeal was not filed within the 14-day period from the notice of zoning ordinance violation. City Attorney confirmed the appeal was untimely (filed March 17, 2026, well after the deadline) and that the municipal citation had been dismissed, leaving no pending issue. He recommended the board take no action as the matter was not properly before them. The board moved to dismiss the appeal.

Key Outcomes

  • Motion to Dismiss Appeal: Passed unanimously (4-0). The appeal was dismissed as moot. Board members noted the procedural nature of the dismissal and confirmed no further repercussions exist.
  • Adjournment: The meeting was adjourned by unanimous vote at the conclusion of business.

Meeting Transcript

I thought he was in the parking lot. Okay. I don't know if we're supposed to be able to sign in on the computers or not. Oh. Nice screen here. The what? Oh sorry. We open. Yeah, open. Okay. Uh nope. And what you go on paper do you want to do that? Should see your did the same thing. I just came in hit next and I don't know if it's browser. Okay. Apparently they gave me the one from nineteen ninety-two. Yeah, I've said Vista. Okay. It's not there. Okay, there we go. I'm a little swell. Come on, Shelley. I've done this sort of thing before. Any mom doesn't have a paint a little bit of crazy. I gotta be smarter than the technology that I'm using, apparently. Call this meeting of the broken arrow on board of adjustment to order. Roll call, please. Here we have two items on our consideration agenda. Um minutes from the April thirteenth meeting as well as the minutes from the May 11th meeting. Um I have to approve these individually. One vote for both. Okay. I'll second Michelle Bergwall. Yes. Rebecca Hinkle? Yes. George Jessquire? Yes. Judd Hatch. Yes. Okay. We are here to um go over item A in the public hearings, item 26-826. Good evening. Uh item 4A is an appeal of four zoning violations for DMB processing, 21.3 acres, zoned industrial light. Uh properties located one third mile west of Edmonds Road and one half mile north of New Orleans Street. In discussing this appeal with the city attorney's office, uh, we've been notified that uh the appeal was not filed in a timely manner, and so our motion would be to dismiss and I'll defer to City Attorney's Office for any other information. Yes, Mr. Chairman, that's correct. Upon reviewing the file, uh notice that the appeal on this was filed March 17th, well after the appeal time period for the notice of zoning ordinance violation. Um therefore time is expired and this isn't properly before the board.

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