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.