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OPENPUBLICA · PUBLIC MEETING RECORD

Record of Proceedings

Broken Arrow Board of Adjustment Meeting - July 13, 2026

Meeting Portal — Monday, July 13, 2026

BodyBroken Arrow, Oklahoma

SessionMeeting Portal

DateMonday, July 13, 2026

StatusFILED

Video Record

0:00 / 39:06

Transcript — VerbatimClick a timed line to jump · ⧉ to share it

5:00

Roll call, please.

5:01

Michelle Bergwall.

5:02

Here.

5:02

Rebecca Hinkle.

5:04

Kamara Washington.

5:06

George Jesquire.

5:07

Here.

5:08

Judd Hatch.

5:09

Here.

5:12

Our first item for consideration is the review and approval of our minutes from the June 8th meeting.

5:21

Is there any questions?

5:23

No.

5:23

Motion to approve.

5:27

Call second.

5:33

Michelle Bergwall.

5:34

Yes.

5:35

George Jessquire.

5:36

Yes.

5:36

Judd Hatch.

5:37

Yes.

5:43

All right.

5:44

We have three items for public hearing.

5:49

Item 4A.

5:51

Is a request for a variance.

5:54

And can we get staff to uh go over this with us, please?

5:58

Yes, sir.

5:59

This is uh public hearing consideration and possible action regarding uh VAR-002919-2025.

6:08

202 Elgin apartments, approximately 0.24 acres, downtown residential overlay district five.

6:16

Requested variants from section five of the downtown residential overlay district regulations to modify driveway width.

6:23

Located approximately one half mile north of West Houston, also known as 81st and one half mile west of 9th Street, also known as 177th East Avenue.

6:34

VAR-002919-2025 involves 0.24 acres within DROD area 5.

6:41

It is a request to waive the downtown residential overlay district driveway with regulations located approximately one half mile north of uh West Houston, one half mile uh west of 9th Street.

6:54

Uh the applicant has resolved the legal matters around the property and has reapplied for a variance on the property.

7:00

Uh the previous application was under case number VAR-002667-2026.

7:08

Um that application was withdrawn before a vote or decision was made.

7:13

Um for a variance to be granted, there are four conditions that must be found by the Board of Adjustment.

7:18

Uh one is unnecessary hardship.

7:21

The application of the ordinance to the particular piece of property would create unnecessary hardship.

7:26

Uh the staff analysis is that lots within Broken Arrow's original town site are narrow and long, which was normal for development at the time.

7:33

However, these normal lots present challenges and obstacles when developing to modern standards.

7:46

It only specifies a minimum of 26 feet for the build type.

7:51

The minimum width of 26 feet shown within the DROD does align with a two-way drive that does not have alleyway access as seen in the ordinance.

8:00

However, there are no specific requirements for those developments with a one-way access drive with egress using a public alleyway.

8:09

Two, unusual conditions, such conditions are peculiar to the particular piece of property involved.

8:39

Three, public good relief if granted would not cause substantial detriment to the public good or impair the purposes and intent of the ordinance or the comprehensive plan.

8:48

The staff analysis is that the variance, if granted, would allow for more dense housing to be constructed in the DROD.

8:54

That itself is the goal of the DROD.

8:56

There are other existing driveways throughout the district that are variants widths, uh including some one-way drives with widths as low as 15 feet.

9:05

Four minimum variance, the variance if granted would be a minimum necessary to alleviate the unnecessary hardship.

9:11

If a two-way drive needs to be a minimum of 26 foot in width, then a one-way drive could be considered to need a minimum of 13 foot in width.

9:20

The applicant in this case is requesting to reduce the width of the one-way driveway to be 13 feet.

9:26

One thing I'd like to note as well is that this applicant is different from a previous uh application that we had come before the board.

9:33

It's very similar in a lot of ways.

9:35

It's a very similar request, almost has the same uh address as well.

9:39

Um, but I do want to note that this is different from that um application.

9:43

That one was for a project on 202 Fort Worth.

9:46

This is 202 Elgin.

9:48

So I just wanted to uh state that as well.

9:50

Um staff recommend um that VAR-002919-2026 be approved, granting a variance for a 13-foot one-way driveway for a proposed flat style development on the subject property.

10:06

Thank you.

Discussion Breakdown — Share of Meeting

Engineering And Infrastructure█████████████████████████████████████████████67%

Public Engagement████████████18%

Procedural██████9%

Cannabis Regulation████6%

Summary of Proceedings

Broken Arrow Board of Adjustment Meeting - July 13, 2026

The Broken Arrow Board of Adjustment met on July 13, 2026, at 11:00 AM to consider three variance requests, approve previous meeting minutes, and conduct general board business. The board approved all items on the agenda, with some public opposition noted on one variance.

Consent Calendar

Minutes from June 8, 2026 meeting: Approved unanimously by a voice vote (Michelle Bergwall, George Jessquire, Judd Hatch in favor; no opposition recorded).

Public Comments & Testimony

Frank Horton (opposed to VAR-002919-2025 for 202 Elgin Apartments): Argued that granting a variance based on the economics of infill development is wrong, stating that the developer could build fewer units or buy more land. He expressed concern that a six-unit apartment building on a 10,000-square-foot lot would devalue his nearby property and that the proposed 13-foot driveway would not align with the ordinance.

Discussion Items

1. VAR-002919-2025 – 202 Elgin Apartments (Variance for Driveway Width)

Applicant: Tamara Lawan, 66 ENG Group, civil engineer for the proposed two-story, six-unit flat development.
Request: Variance to reduce the required 26-foot two-way driveway to a 13-foot one-way driveway, as the DROD (Downtown Residential Overlay District) does not specify width for one-way drives.
Staff Analysis: The lot is narrow (0.24 acres), typical of Broken Arrow’s original town site. The variance would allow more dense housing, consistent with DROD goals. Existing one-way drives in the district are as narrow as 15 feet. The alley access is 20 feet wide, and fire access was approved from North First Street.
Board Discussion: Clarified that the driveway width reduction is necessary to maintain required setbacks and building depth. The applicant considered on-street parking but found it less effective. The fire marshal approved access from the street, so equipment will not need to use the driveway.
Vote: Motion to approve. Vote: 3 in favor (Michelle Bergwall, George Jessquire, Judd Hatch), 1 opposed (Kamara Washington, as indicated by an unattributed "Nay").

2. VAR-002917-2026 – 7 Brew Aspen (Variance for Drive-Through Stacking Lane Placement)

Applicant: John Rogers, Crafton Toll, civil engineer for a proposed quick-serve beverage facility on 1.06 acres.
Request: Variance to allow stacking lanes between the building and the street (Aspen Avenue), contrary to Section 4-2-5.D.2 of the zoning ordinance, due to the parcel’s access via a mutual easement from the rear.
Staff Analysis: The site has high traffic needs similar to other 7 Brew locations. The parcel’s configuration and access easement make it impossible to place stacking lanes on three sides without going in front. Additional landscaping is proposed to screen the stacking area.
Board Discussion: Clarified that the stacking lane would be between the building and Aspen Avenue because the entrance is from the rear easement. The landscaping plan includes irrigation. The applicant noted that adjacent businesses (McDonald’s north, Chick-fil-A east) also have drive-thrus near the street.
Public Comment: None.
Vote: Motion to approve (seconded). Vote: 4 in favor (Michelle Bergwall, Kamara Washington, George Jessquire, Judd Hatch), 0 opposed.

3. VAR-002932-2026 – 7903 S Old Highway 51 (Variance for Minimum Lot Size for Vehicle Sales)

Applicant: Jake Sallier, property owner/real estate investor.
Request: Variance to waive the minimum 2.5-acre lot size requirement for vehicle sales and retail on a 0.45-acre triangular lot at the northwest corner of West Houston Street and Highway 51. The lot was originally platted as Don Wells Auto Sales in 1999 but the use has been dormant for over six months, losing its nonconforming status.
Staff Analysis: The lot has geographic constraints (169-foot setback from OTA right-of-way, limited frontage, only one access point). The parcel is designated Level 6 Regional Employment and Commercial in the comprehensive plan. The variance would allow the property to return to its original use, which is the minimum necessary.
Board Discussion: The applicant explained the property had been slated for a dispensary but the license fell through. He is unsure if he will operate a car lot himself or lease it; the variance is approved to allow the vehicle sales use. The board noted that if the variance is approved but the use is not started within six months, the variance may expire. The applicant confirmed intent to proceed.
Vote: Motion to approve (seconded). Vote: 3 in favor (Michelle Bergwall, George Jessquire, Judd Hatch), 0 opposed (Kamara Washington’s vote not recorded; presumed unanimous).

Key Outcomes

Approved variance for 202 Elgin Apartments (VAR-002919-2025): Granted a 13-foot one-way driveway for a six-unit flat development. Vote: 3-1.
Approved variance for 7 Brew Aspen (VAR-002917-2026): Allowed drive-through stacking lanes in front of the building. Vote: 4-0.
Approved variance for 7903 S Old Highway 51 (VAR-002932-2026): Waived the minimum lot size for vehicle sales, permitting the property to resume a car lot use. Vote: 3-0 (unanimous among voting members).
Board adjourned at the conclusion of business with no further items.

Meeting Transcript

Roll call, please. Michelle Bergwall. Here. Rebecca Hinkle. Kamara Washington. George Jesquire. Here. Judd Hatch. Here. Our first item for consideration is the review and approval of our minutes from the June 8th meeting. Is there any questions? No. Motion to approve. Call second. Michelle Bergwall. Yes. George Jessquire. Yes. Judd Hatch. Yes. All right. We have three items for public hearing. Item 4A. Is a request for a variance. And can we get staff to uh go over this with us, please? Yes, sir. This is uh public hearing consideration and possible action regarding uh VAR-002919-2025. 202 Elgin apartments, approximately 0.24 acres, downtown residential overlay district five. Requested variants from section five of the downtown residential overlay district regulations to modify driveway width. Located approximately one half mile north of West Houston, also known as 81st and one half mile west of 9th Street, also known as 177th East Avenue. VAR-002919-2025 involves 0.24 acres within DROD area 5. It is a request to waive the downtown residential overlay district driveway with regulations located approximately one half mile north of uh West Houston, one half mile uh west of 9th Street. Uh the applicant has resolved the legal matters around the property and has reapplied for a variance on the property. Uh the previous application was under case number VAR-002667-2026. Um that application was withdrawn before a vote or decision was made. Um for a variance to be granted, there are four conditions that must be found by the Board of Adjustment. Uh one is unnecessary hardship. The application of the ordinance to the particular piece of property would create unnecessary hardship. Uh the staff analysis is that lots within Broken Arrow's original town site are narrow and long, which was normal for development at the time. However, these normal lots present challenges and obstacles when developing to modern standards. It only specifies a minimum of 26 feet for the build type. The minimum width of 26 feet shown within the DROD does align with a two-way drive that does not have alleyway access as seen in the ordinance. However, there are no specific requirements for those developments with a one-way access drive with egress using a public alleyway. Two, unusual conditions, such conditions are peculiar to the particular piece of property involved. Three, public good relief if granted would not cause substantial detriment to the public good or impair the purposes and intent of the ordinance or the comprehensive plan. The staff analysis is that the variance, if granted, would allow for more dense housing to be constructed in the DROD. That itself is the goal of the DROD. There are other existing driveways throughout the district that are variants widths, uh including some one-way drives with widths as low as 15 feet. Four minimum variance, the variance if granted would be a minimum necessary to alleviate the unnecessary hardship. If a two-way drive needs to be a minimum of 26 foot in width, then a one-way drive could be considered to need a minimum of 13 foot in width.

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