All right, good afternoon.

Welcome to the City of Tulsa Bora Justin Meeting 1382.

Let's call this meeting to order.

It is one-on-one.

Tuesday, May 12th, 2026.

Before we begin, we're gonna have some brief comments from the city.

To conduct the public hearing in an orderly manner, we ask that you follow these rules and procedures.

Staff will announce the case and read the action requested.

The chair will ask if the applicant is present and if there are protestants or interested parties.

The applicant will be given time to present the case, not to exceed 15 minutes.

The board will then hear from interested parties or protestants.

Each party will be given time to speak, not to exceed five minutes.

Please do not repeat comments of previous speakers.

After the board is heard from protestants or interested parties, the applicant may be allowed time for a rebuttal, not to exceed 10 minutes.

If you wish to speak in support or opposition to a case, please sign in before speaking.

There's a sign-in sheet located here with me at the front desk.

Exhibits given to the board will be kept and made a part of the permanent record.

During the hearing, the board may ask questions of the applicant or interested parties at any time.

Staff reports for each application are available as PDFs on the Board of Adjustment web page at Tulsa Planning.org.

After the presentations, the board will vote to approve or deny the application.

If you are approved, staff will give you a copy of your case report following the hearing for your records.

You will need to submit this documentation to the permit center as a revision to your current permit application or include the documents with your submittal for a new permit application.

If you submitted your permit through the online portal, please submit revisions in the same manner.

When addressing the board, please state your name and address for the record.

Please direct all comments into the microphone.

A video of these proceedings is being recorded for future airing on TIGO channel 24 cable TV.

At this time, please silence any electronic devices.

If there are not any questions, Mr.

Chair.

Thank you, Nathan.

Okay, let's move on to agenda item number one, which is the approval of the minutes of meeting 1381, April 28, 2026.

Do we have any comments?

So that we have a motion.

So we got a motion that we have.

We got a second, we got a motion.

Yes.

Do us.

Abstain.

Yes.

Mr.

Hell.

Yes.

I also want to say yes.

I mean it's having approved.

Let's move on to agenda number two, BOA 24029.

BOA 24029.

Location is 3536 East 23rd Street South.

Applicant Lindsay Floyd with Kimber Holmes is requesting a variance to increase the allowable floor area for a detached accessory building in the RS3 district.

Is the applicant present?

Okay.

Please come up to the mic, please provide your name and your address.

Hello, my name is Lindsay Floyd with Kimber Homes, and um the address of this address is.

Sorry, I didn't bring that up here with me.

And since I'm the it's uh 20.

Can I grab it really quick?

One second.

Yes.

Uh it is for the address of 3536 East 23rd Street here in Tulsa.

So and uh we're asking for um 94 additional square feet um to be allotted for a detached uh garage.

Um I brought some current pictures of what there is now and the layout with um the S the the work vehicle that he has um also a trailer that he does need to put in there at times along with the um cabinetry and tools um that he is wanting to keep safe in a tool room in there and it's uh part of the reason that we're asking for that.

Um I also did go around the neighborhood.

We went around the neighborhood and took some pictures of some other layouts of homes, really showing the differences his.

Um may I give that picture to him so you guys can see that so he has a very unique house compared to the rest of these in the neighborhood.

Um can you get the neighborhood shot on there at the same time, possibly if I give it to you?

Okay.

Okay, okay.

Um so as you see, his driveway is very narrow, and then just a few feet over is his neighbor's driveway.

So the only place he has to go is in his yard.

Um, and then this is where there's that big drop off.

You see the drain there in the driveway because all the water from his neighbor runs down and runs into the back of his yard.

So that's why we're asking to add the additional for some additional square feet because he has no place to add driveway space.

He has no place to add a shed in the back.

There's just there's just really nothing for that to work with what his property is very it's very different than all the other homes in the area.

Um there are many.

First of all, let me show you this.

If this is okay.

Okay, so last time I mean we were having issues with a hard shape.

So were you guys able to come up with a yeah, and this is the part of the biggest reason why is because of his work truck, and he also has some documentations from his company that he works for on how he has to have this stuff inside, um, and that's why he's he's really needing to get this done and having the added space, um, to make up for all of that.

And so that's why.

Can you put the one back up where it shows the vehicle parked inside and then the four foot by eight foot trailer?

Um that would also need to be put inside.

I didn't add the lawnmowers in there, but that would have to cram in there when he has the trailer as well.

Um, so that is a really big reason why he needs that, and then may I show you guys a couple other um okay?

So that house is is right around the corner from him, and because of their layout, they can even have extra parking space on the outside, but he's very, very limited because of where his home is located in this neighborhood, to have any sort of because of the drainage, because of the layout.

Um, he is very limited.

This is also another house right around the corner.

That's actually two-car garage with a garage attached to it behind it, so and that's on Jameson.

Jamestown.

Jamestown.

Um so it and there's a few other houses in the area that that definitely have gotten the larger space because it's it's really needed for the area in this neighborhood to really accommodate and work with what people's lifestyles are today from the 1940s.

So and in doing some research on that, um, the suggested size of a two-car garage is is 22 to 24 deep to 28 feet wide to accommodate two vehicles of our current day size in order, especially in order to have any sort of storage in there alongside the vehicles to be able to get in and out and and utilize it properly.

So that is why we are requesting the additional 94 square feet.

Did you say 22 by 28?

Is that what you just said?

And you're asking for 22 by 27.

Thank you.

Yep, yeah, it's 22 to 24 deep, and then it was 24 to 20 28 is ideal on the width along the front.

Yes.

And sorry, remind me both of the the existing home and this structure were built in the 1940s, correct?

Is that what you said?

Yes, 1940s.

Yes, yep.

And this is just a one story building.

Yes, just one story, no apartments, no anything in it.

It's just solely for vehicle storage of tools.

Uh he actually has um a workbench that is going in that room that is like it's a family heirloom, and he and that's part of the reason why that room needs to be that size, along with some of the specialized tools for some of the the hobbies and works that work that he does.

So and then that is all accommodating that storage that that's what he needs.

So and he'd like to show you guys a couple things as well.

Any other questions to the optical?

Yeah.

All right, thank you.

Yeah, thank you.

All right.

We have anyone that would like to speak on this case.

Please come on.

Please provide your name and address.

My name is Alexander Lewis.

I live at 3536 East 23rd Street.

I am the homeowner.

To add on to uh what what she has said previously basically to give you just a quick picture of my job, I I work out at the Port of Catusa, and a lot of my job is to bring tools and supplies to our factory on a as needed basis.

Um and one of the company stipulations that I agreed to years ago was to have both company vehicle and car in a covered area from the elements.

And the document that I provided him on page two, I provided the whole document, but on page two, there's the protection from the elements section.

And just in there it stipulates that it has to be in a covered area or designated covered parking.

Uh if I were not to have that covered, it would have to be stored at the factory.

And most of where I get my tools and supplies from are from a um local vendor in Sepulpa, they're on Route 66.

So if I weren't was not if I was not to have this every morning, not every morning, but two to four mornings a week, I would have to drive to Catusa, pick up the trailer, go drive all the way to Sepulpa, and then drive all the way back to Katusa.

Um not only that, uh it's just, you know, in order to have all of that trailer when it's loaded up, if I have to have it overnight, I do not want it out in the elements as well.

Um my supervisors and my boss were um okay with me sort of having it, you know, not following the rules for a couple years, and then we had that windstorm in June of 23.

Um, and then that's when they were basically like, hey, we really need you to follow the rules of what we laid out to you here in this document, uh, or else they'll potentially take away the vehicle and the trailer.

Um, because as as it stands right now, I can fit the trailer in my garage, but I can't fit the car.

The car can't fit no matter what.

Um so that's the main reason uh for providing this document, just to kind of give you a picture of of what I'm dealing with.

Um yes, uh, you know, as far as the other, I don't want to she touched on it, but I don't want to go over uh and talk about things she's spoken about, but in the neighborhood, we we gave you four options or four examples there of larger garages that are you know two blocks or less away from my home.

I have I found about 20, 25 of them in the neighborhood at large.

Um, but I figured those four were the best examples for the proximity to my house.

And that's it.

Any questions?

Right, thank you.

Is there anyone else that would like to speak on case?

B0824029.

If not, you may come back and say something, or you may just agree to what he's saying.

So let's move on to discussion.

What do you guys think about the hard shape?

I mean, this is uh we've done that before.

I mean, we'll do car garage, to try to feel like two more sized vehicles.

Yeah, to me, that's the hardship.

I mean, I understand um and sympathize with the other things presented, but um the hardship that has to do with what is existing on the property and and the property itself is really that um these structures were built before the modern zoning code and before um certainly before cars are as large as they are today.

We've seen this many times before.

I think that this is the minimum relief um to get a two-car garage.

I understand that it's supposed to be based on the square footage of the home, but I also think that cars are the size they are, so um, not trying to prevent everyday citizens from just being able to park their cars, so uh, to me, this is not um I am in favor of this, and I think that that hardship is uh suffice for me.

Mr.

Hill.

Um I sympathize with the issue.

However, I'm same place I was two weeks ago.

I don't see a justifiable hardship in this.

Okay, Mrs.

Dumas.

Uh I was not here two weeks ago, and so um, yeah, I'm kind of interested in what some of the discussion was and some of the pieces that were not in place.

Uh because they said they came back with some more information.

Yeah, they actually was the main point that we were discussing.

We didn't have a clear hard shape.

Um, they're asking for 94 square feet extra.

So we're trying to find justification why they needed a 94 extra square feet.

Okay.

They're yeah, their hardship before had more to do with where it needed to go on the property because of drainage issues.

Okay.

But it didn't quite explain why they needed it the size that they needed it, if that makes sense.

So then they went back and did research on um the size of modern two-car garages for modern cars and brought that.

Um, and then it he brought more information about why he needs this, which is certainly interesting.

I don't know that it helps us with the hardship necessarily, but um, but that's that's kind of gives you an idea.

Okay.

Because they were talking about more of the hardship had to do with the drainage on the site, and that the the structure had to go where the existing structure is.

Um, which I think we could all we were all yeah, we all saw that.

That was fine.

But it didn't explain the size of the structure.

So, got it.

Thank you.

You're welcome.

Mrs.

Williams.

Microphone is off.

Yeah, um, you know, I sympathize with what's happening.

I just don't feel like I've heard anything different than what I heard last week.

But that doesn't mean yay or nay.

For me, I'm kind of like on the fence.

Okay.

All right.

So Mr.

Doom, are you uh you or nay?

Um I am neither right now, sorry.

Um, so this one, this two maybe's a week.

I'm a yes right now, you're a yes.

I'm a yes, yeah.

So I can make it a yes.

To me, the additional square footage they're asking for has to do with the size.

I mean, they're asking for a two-car garage.

So that's I mean, I I I see that the design of it is only one, um, there's only one door on it right now, but that could be converted to a two-car garage for the next owner.

And to me, a two-car garage is how we live.

Is how we live now.

And so that that's that's how I arrive at where I'm at.

I'm not trying, I I understand everybody has their own reasons, but that's that's the reason, and we've seen these before of really um of older homes on older lots, just asking for to fit modern cars.

So, okay, do we have a motion?

Um hold on, let me write down some page numbers and I'd be happy to make the motion.

Sorry, Rusty.

Just as a quick point of information, as far as the plans go, we had a mishap in the printed documents you all received.

You didn't get the case maps.

Um so the numbering was switched just a little bit.

Their conceptual plan is on 2.11 in our document here.

I think it's probably a different number for you.

But if we could refer to the ones that are on the screen, that would help us keep things organized.

Thank you for helping me.

Yep.

Okay.

I'm gonna get organized, I promise, guys.

Okay.

Um, Mr.

Chair, and Board of Adjustment Case 24029.

I move to approve a variance to increase the allowable floor area of a detached accessory building in the RS3 district from 500 square feet to 594 square feet per the conceptual plan shown on page 2.11 of the agenda packet.

The board finds the hardship to be um the um what was I saying?

Was platted before the in the 1940s before the modern zoning code and before um and certainly before cars are the size they are today.

In granting the variance, the board finds that the following facts favorable to the property owner have been established that the fiscal surroundings shape or topographical conditions of the subject property would result in unnecessary hardships or practical difficulties for the property owner as distinguished from a mere inconvenience of the strict letter, the regulations were carried out.

B that literal enforcement of the subject zoning code provision is not necessary to achieve the provisions intended purpose.

C that the conditions leading to the need of the requested variants are unique to the subject property 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-imposed by the current property owner.

E that the variance be granted is the minimum variance that will afford relief.

F that the variance be granted will not alter the essential character of the neighborhood in which the subject property is located or substantially or permanently impair use or development of adjacent property.

And G, that the variance be granted will not cause substantial detriment to the public good or impair the purpose of spirit and intent of this zoning code or the comprehensive plan.

Okay, we got a motion.

Do we have a second?

Second.

Okay, we got a motion.

We got a second.

Yes.

Mr.

Hill.

No.

Miss Williams?

Yes.

Ms.

Stolpham.

Yes.

I also want to say yes.

Your application has to be approved.

All right.

So let's move on to the next item at the agenda.

BOA 24028.

BOA 24028.

Location is 5757 South 31st West Avenue.

Applicant Josh Zajak is requesting a variance to increase the allowable floor area of detached accessory buildings in the RS3 district.

All right.

So provide your name and your address, please.

Uh my name is Josh Zajak.

I'm the builder, the applicant for the address at 5757 South 31st West Avenue in Tulsa.

So my customer Tom is wanting to build a structure 30 by 50.

He has purchased this property eight years ago.

So over an acre, like an acre and a third, has a lot of uh land to build an extra structure on.

The house itself is very small.

He's a single man nearing retirement.

Doesn't need a lot of square footage to live in.

But he does need more storage space.

If the house was larger, you know, for like a house I would live in with a five-person family.

Um this would not be a variance issue just due to the percentage of square footage based on the home.

And with that neighborhood, there's a lot of large lots, a lot of a lot of large um storage buildings, even larger than this one.

Um just the houses are inconsistent on square footage.

Uh but there are um it it it fits with the current neighborhood to have extra storage on these large lots.

It's an unplatted lots.

Um so he he's wanting to he's he's still living, he's living in two places right now because he's been slowly um fixing up the property, termite damage and things, but he the next move in order for him to fully move in would be to have the extra storage he needs so he can sell his other home and move the rest of the way in.

So that's the that's the hardship.

This maybe maybe to the staff.

I was ready on the staff analysis.

The square footage of the floor area was 2356 square feet, but he's saying about sixteen hundred square feet.

Is that because of the garage?

Yeah, the attached garage is included in that floor area.

Okay, so have you talked to the neighbors?

I have not personally talked to the neighbors.

Um he's talked to one of the neighbors.

Um we have had neighbors riding in.

Um somehow a rumor has started that he's wanting to start a business out of this, and that's kind of been the trend of letters coming in of him wanting to start a business, but he's actually has no interest at all in doing any business.

This is for his own personal um storage space.

He's actually moved into this neighborhood because it's a quiet neighborhood, um and uh wants to keep it that way, you know.

He's he's nearing retirement.

How big is that building?

30 by 50.

Thirty by thirty by fifty.

And the it sounds like the hardship is he wants more space.

The hard ship storage.

The hardship is if he had a bigger house, he could just build this with no variance, but because his house is small on a very large lot, when he got ready to build this, it was like, oh, your house is too small to build the storage you need because he has a small house on a large lot.

But all the neighbors, not all of the neighbors, that's uh quite a few neighbors have l uh shops and different things this size or bigger, but they just have bigger houses alongside them.

He doesn't need he doesn't need a bigger house.

He could he could add on and make a bigger house, and then he could build the shop without a variance just because of the forty percent rule.

So the neighborhood and his needs being a large lot, it it's it doesn't make sense for him to just add on to his home as well when he just needs more storage.

I think you you mentioned that um larger homes with more people like five bedrooms, they would have more storage.

Um, but I think that's also because they're there's more people.

Um and so I I guess I'm struggling with the line of reasoning that one person needs more space because five people have more space.

Well, he he just has more things, yeah.

He owns more.

Okay.

Nathan, if as we're looking at the site plan, if this were not standalone and you were infilling between that existing detached and infilling it to the residents, would that that point it just be considered one building with no accessory?

Yes, yeah.

If everything was attached to the principal structure, they would just have to comply with the principal building requirements and setbacks.

Um he could in essence do this just filling in that and yeah, if it's if anything is built in you know structurally integrated into the principal home, it's gonna be reviewed against the standards that would apply to the house, just like any other attached garage would.

And no, there are no zoning requirements on saying someone can have a two-bedroom house and a six-car garage or no.

I I was under the impression that the forty percent rule applied.

It does because it's standalone from the primary, but what I'm getting at is there's a potential here for you to infill if this is something that's desirable, and maybe it's not, but uh you could infill the detached garage and the residents at that point you're just considered one residence, and it's not really anything as an accessory.

All of that would be one, right?

Correct me if I'm wrong there, Nathan.

No, I think you're correct.

If it would have to be, you know, attached structurally to the principal home to be considered part of the the principal residence.

Like it couldn't just be like a breezeway or something, but right.

Yeah, it wouldn't be subject to the forty percent rule if it's not a detached structure.

And at that point, you if you're attaching that, and uh if you wanted to, you attach that to the detached garage at that point, you it's all one.

So you're not really having any accessory at that point, if that's something that was appealable to you.

I mean, that's possible, it's a not as the property layout doesn't isn't as kind to that type of plan, um, with the current driveway entrance and such, but he's got like just empty space right now for something to go in.

I don't but what if so with that being the case if he could do that?

It would be so he is that the suggestion then to try to come up with a different.

No, I'm just saying it's an option, I guess.

Right, yeah, it's another suggestion.

I mean, that could be the only right.

If you attach it, but I mean what you're asking by now is uh you have uh an attached uh garage, and then you have another detached garage, and then you were asking for another new garage.

Are you planning to keep the detached garage the existing garage?

The detached one.

We considered removing it, but there's no really need for it, it'd be easier to add this right next to it, and there's more than enough space.

Like he's mostly just a big field, and you said you called it a shop a second ago, but you're it's for short storage or it's a shop, it's not I mean it's a building.

It's not gonna work.

I mean whether it's a commercial business, I mean that's that's another issue completely.

But it'll be gonna work out of it, no.

Okay, it's not for work.

Okay, so a shop for storage for storage.

What do you think about the heart shape that you gave us the way that he's presenting these?

Or do you need to do we need to ask him to restate our shape?

No, I'm I'm good.

We're not in discussion yet.

So I'm fine.

Questions.

Any other questions to that?

Yeah, no questions.

Okay, all right.

Thank you.

All right, so okay.

2402A, do we have anyone that would like to speak on this case?

Please come up to the mic.

Please provide your name.

Oh no, Drace.

Teresa Tosh, and I live at 2959 West 58.

So I live directly east of this property.

Um I also have a large lot that's unplatted.

And so I understand, you know, it is a very large lot.

Our concerns and the neighbors have, I hope, um, time was given to all their letters, they're older folks, and that I kind of was elected to come because I already worked downtown, but um they had some great concerns.

When Mr.

Clark moved in, I mean he seems to be a nice guy, and he keeps his yard beautifully, I will say that.

But when he moved in, he he was very forthright and honest with everyone that he bought the property to build it, build a garage shop, to open a business, and he he used the word open a business or open a shop, a garage.

And he does work on cars there.

That's the only time we see him is when he does work on cars or mow the lawn.

That's the only he doesn't live there, he's never lived there, and um we we've watched as the years have gone by because he said the reason he bought the property, and I do take a little bit of an exception because I mean I was involved in these conversations because I had a friend seven years eight years ago that would park a truck in my driveway when he came into town and needed to spend the night, and that was brought up that because I made the neighborhood commercial because there was a big truck in my driveway, then he could build his garage there and open a business.

So I'm not we're not mistaking the the thought process here.

We're not we're we didn't we did it's not a wild rumor.

I mean I was brought in the conversation, which that person has since retired.

He does still come visit, but he doesn't bring a truck.

But um, so that's not an issue anymore, so there's no commercial activity in the neighborhood.

We do have a very quiet neighborhood.

Um there are drainage issues between myself and Mr.

Clark.

I don't know if you can look at the maps, but Moser or Mo Moser Creek runs through there tributary, and the the water sometimes will get 15-20 feet of uh wide when there's a big rain.

Now, granted that's a tributary and it's not always wet, but I don't know where that's going to be moved to.

If they bring in, they'll have to bring in feel that the I I brought um I have both of these, one has a toco on it, and then you can see the creek that runs through there, and you can see where water has stood in the past, or you know the the ground is kind of scarred from the water standing.

I did talk to Michael Ling with the City of Tulsa because I'm the floodplain administrator for Tulsa County.

So I talked to my counterpart, Michael Ling, he said it it does need some study looked at.

He said he would look talk to engineering about that.

Um I have yet to hear back from him on that.

That so that's one concern.

The other concern is the blind heel there, that as you come down 58th Street, you top the hill from 33rd, you can't see over the hill, and that's where he will be entering, and we assume there will be multiple vehicles at any given time, because like I said, the only time we've the car, all his garages, he's got five-car garage now, two, two, and one had cars in them at different times, but like I said, he's never lived there.

Now he's wanting a 30 by 50, and the neighbors are concerned.

I mean, there are there are concerns as to what is going to go on there.

We we think he's true to his word.

What he told us is true, and then um the uh so we talked about the traffic and then the drainage.

The other thing would just be um protecting our residential quality of our neighborhood in not allowing more traffic and the businesses, even if let's say he he doesn't use, and yes, there are buildings in that neighborhood larger, but there there won't be like seven car garage doors lined up.

I mean a 30 by 50 and then five others lined up there side by side that changes the whole look of the neighborhood, and the the primary use of any residential neighborhood has to be residents, and then the accessory uses are whatever you can bring in to that.

But if he doesn't live there and has never lived there, that that is our concern, yeah.

Yeah, and I appreciate you the concern.

One thing that what we are in front of us is only this.

I mean, the building this new structure we don't have anything.

Well, the business bar, I mean we don't have control on that part.

Um you guys have any questions for?

No, I mean, just to note it, I mean, a vehicle repair is a prohibited use in residential.

So that's not something that we enforce.

That is a code enforcement.

And we will stay on top of that.

I mean, if if the neighbors will, so so we are aware of that.

And that's where you have your power to exercise.

Right.

So I'm just one combing the if he actually attached that building to the primary structure.

I mean, basically he doesn't have to come here.

If he did, he we would not wouldn't none of us would be here.

It's same thing in the county if it's an attached part of the structure, and the primary use is being used as a residence.

Now, if he if that primary use was not being used as a residence, there's some question there.

And that's where you have your power too.

Thank you.

All right.

Do we have anyone else that would like to speak on BOA 240 or 28?

Please come on.

Yeah.

Hi, uh, my name's Tom Clark, and you know, I'm the one that's wanting the proposed changes.

Um, you know, I've I consider that I've lived there since I've bought the place.

You know, I own two houses.

Um, I don't know what you consider, you know, when you own two houses, you know, what what it takes to actually be considered to live in a place.

Um, but I do sleep there after my night shifts a lot of times.

Uh I do work out hours, so it may be confusing to the neighbors when I'm there, when I'm not, and uh, you know, things like that.

But uh it's going on eight years, it'll be eight years about November that I've bought the house, um, been preparing it.

It was a rental, I understand, before I owned it, and there's evidence of water damage from some copper lines in the garage.

They might have had a, I know they had a stool in the corner of the garage at one point.

They had um some other evidence of things like that.

The water line and attic been repaired several times, and the sheet rock soon thereafter fell on one of my cars, and so that's part of the story.

But uh I've done the best I can with it as quick as I can.

I'm not somebody that's gonna hire everything done if I can help it, you know, just replace in kind.

Um, but the uh my purpose for buying it has always been to live there.

So um the accusations, uh, the conversations you could call it.

Uh I don't remember eight years ago that clearly having ever stated that I wanted to open an automotive shop.

I mean, that's never been uh in my wheelhouse.

I'm not a mechanic by trade.

I don't uh work on cars, other people's cars.

I'll do an oil change.

You know, I don't know what's what the limit is that's allowed in your own personal garage, but you know, I expect there'll be minor problems that a owner can repair.

Um I am an automotive enthusiast, I do enjoy vehicles.

Um beyond that, it's not that I'm setting up a manufacturing shop to build cars or rebuild cars.

Um, and I don't have any insurance uh for that.

I don't want to take the liability on for that.

That's not something that I'm interested in.

Uh there's no that's never been anything I've considered.

I don't work on other ki people's cars because of liability.

Um so um I like the neighborhood.

I want to keep it quiet, you know.

You know, that's you know, that's one of the reasons for me wanting to move.

You know, Brookside is a very busy area, and you know, I live right down the street from a motorcycle shop.

So, you know, that's um working shift work and sleeping, it's it's hard to sleep, and that's why I trade houses occasionally.

Um but uh the you know I want to you know reiterate that I'm I'm looking for permission to add personal storage to my property so that I can consolidate and uh move and be comfortable in one place instead of having to use two.

Um you know I I appreciate my neighbors' concern.

You know, that's I I don't like to see too much activity, too much of a mess myself.

I prefer everything out of sight out of mind.

That's one of the reasons for needing the storage in my mind.

I don't like leaving things out outside.

Um that's how you know theft happens a lot of times.

People see stuff.

Um so um I think this is just uh misunderstanding uh between neighbors where uh one or two neighbors have said things that I personally don't remember saying.

You know, I'm not uh I may have speculated about a uh you know, when when drawn into conversation about a business, I may have been uh drawn in conversation about uh businesses and potential.

Like on 33rd West Avenue, there's a lot of lots there that have been turned into commercial developments over time, and I think that's uh a suitable use for some of those over time as the area gets busier, but that's never been my attempt.

Um, you know, I did talk to Mark Benton, he was the first objection that I saw.

Umfortunate timing.

I had an injured my back, and uh so the uh letter came at a bad time for me to respond and talk to neighbors.

So it was really unfortunate on my part not to be able to get around and talk to people.

Um but Mark Benton.

I talked to him first, and uh I really felt that we had an understanding that he understood that why I wanted that building.

Um I think he thought he was favorable to retract his statement, though I don't know if that was a commitment or whether he followed through on that.

But uh he's he's the one that I talked to that told me to talk to another neighbor, and I talked to him before Mother's Day, and that's pretty much all the time I had before Mother's Day weekend, and after that it's like I wasn't gonna knock on people's door on Mother's Day.

But I'm I'm willing to talk to anybody that has concerns about uh what's going on there.

It's I'm a very quiet person.

I don't make a lot of uh presence known in the neighborhood.

Um beyond that, uh I want to thank you for your time and uh any questions while I'm still here.

Well, I'm glad that you clarify the commercial car and snow what we had in front of us, but I'm glad that you clarify all of that in front of cameras and everything.

So do you guys have any other questions?

Thank you.

Thanks.

Okay, case B082402A, do we have anyone else that would like to speak?

Would you like to come up on response on the concerns or okay?

So now let's move on to this question.

And just to acknowledge that we did receive letters in our packet that have been read and are.

Yes.

Yeah, right.

Seven of the letters.

I mean, obviously, Cha.

Yeah.

Almost all of them.

Um, I can start.

This is hard.

Um I mean they're asking for what would have been ultimately be twice as much garage space as living space.

Um, and I'm all for reasonable adjustments or requests to you know have accommodate modern living, but this just seems like a lot, and there's not like a a real reason that I can find.

So I'm having I'm struggling trying to find a hardship um for this one.

Ms.

Dumas.

I am in a similar category.

Um again, I think what I asked the applicant about like so the hardship is a desire for more space um because other people with larger homes have more space, and so to me there's not um an unself-imposed hardship that is uh clearly demonstrated in the application.

Ms.

Williams.

Um I am a little concerned about the topography and the potential for building something this large could affect the drainage.

I think somebody's letter, your letter made reference to that.

That really probably got my attention more than anything.

But again, I'm I'm curious as to why it has to be the same size as the house, pretty much.

That's why.

Mr.

Hill.

Um it is an extremely large lot for such a small house.

So I I can see that that could potentially be a hardship, however, the ratios are in place in the zoning code for a reason.

Um so I'm all for people living their best life with their hobbies and their storage that they want.

I think that there is a reasonable solution here to where you don't have to have a variance by infilling those, um, kind of what we had verified with with staff.

So I think he can get there with the storage space that he wants by infilling and not have to approve a variance.

It doesn't have to have a hardship for that.

For to do infill.

I'm just kidding.

Yeah, then yeah, he wouldn't have to come here at all.

So you maybe build like a breaches in close as part of the structure.

Yeah.

I mean, I think there's a solution there that he could still get what he wants, it's just not standalone.

Yeah, yeah.

And we're just given such limited ability here.

And so I just am having a hard time.

This doesn't quite fit in the box of what what we're able to approve.

Right.

Does anybody want to do the motion?

Do we have a I think we got some comments for I just want to say that um the staff report doesn't include a motion, but I I fixed up the other page, a previous page.

So whoever wants to do the motion.

If I understand depending on what you want to do.

Oh, I'm happy to make a motion.

So I read that you want to do it.

You got it, perfect.

Uh Mr.

Chair, in uh BOA case 24029.

Uh a move to deny a variance to increase the allowable floor area from a detached uh accessory dwelling building in the RS3 district.

Um perhaps you want to add um reason.

If there's a finding, I didn't I mean that's for you to decide.

This one's 028, right?

This is two eight, yeah.

This is 2A.

Yeah, I'm at it to 24028.

2408, yeah.

Um, on the denial, if you have it.

Feel free to state it.

Okay.

Um, so sure.

I moved to deny a variance to increase the allowable floor area uh of the attached accessory building in the RS3 district uh from 942 to 2076.

Um, due to um uh insufficient uh hardship as defined uh in the application and just I'm sorry, I'm what is two four oh two eight?

Yeah, that's the one.

Okay, but it yeah, it didn't have a sample measure.

We got a motion.

You have a second second.

We got a motion we've got a second.

Yes, Ms.

Staffler, yes, Mr.

Hale, yes.

Dumas, yes.

I'm gonna say no.

So let's move on to agenda item number four, which is BOA 24036.

BOA 24036.

Location is 2226 South 92nd East Avenue.

Applicant Pete Webb is requesting a variance to permit a dynamic display sign within 200 feet of a residential district.

Is the applicant present?

Okay, please provide your name and your address.

Uh Pete Webb, that the address is 2226 South 92nd East Avenue, asking for relief for the 200 uh foot radius on the signage.

Um the residential lot that's in question is a church, and the 200 square feet only encroaches about 60 feet onto their parking lot.

Uh there should be a map in there that I drew with a circle that shows that radius.

Um right there, and I drew kind of a triangle of the the angle and the viewability of the dynamic display, and I put that little section on the thing never works.

But anyway, I put a little section there at the bottom that kind of shows the a rectangle of what's viewable from that uh two hundred foot.

But again, it's a it's a church, and I think the idea behind the 200 foot is so you're not uh to protect actual residents from having light pollution through their windows and whatnot.

Uh we tried to move it, but due to some utilities and I wanted to put the building between the that lot and the sign that would have alleviated that, but we couldn't quite get that with the utilities and the shape of that lot being kind of a uh triangle.

And you guys were here a few months ago.

Say it one more time.

You guys were here a few months ago.

Yes, we we at that time we were asking for a bigger display.

Okay.

We asked for an increase of square footage.

We got the increase of square footage for the sign, not the display.

So we readjusted our design to get the dynamic display down to 48 square feet, but then when we presented it for the permitting, uh it was noted that it was within that you could see that sign from that little corner of the parking lot.

Okay, yeah, the dynamic portion of this looks a lot more appropriate now.

Yes, yeah, most definitely.

Yeah, appreciate you guys too.

Yes, working on that.

So, you're saying that the residential lot you said George.

Actually, the residents the residential lot.

Yeah, yes, it's a church, so there's no uh I mean we wouldn't be there wouldn't be light pollution for an actual household there.

Yeah, hardship, uh to me the hardship is the shape of the lot, the way that the utilities are.

Like I said, I wanted to get the sign where it was where the building was between the residence and the sign, but I just couldn't get it there, so there's just that little tiny part of the residential lot there that's it's visible from in the 200 foot radius.

Any other questions to that, please?

No, thank you.

Thank you.

All right, in case of BOE 24036, do we have anyone that would like to speak on this case?

See no.

Let's move on to the discussion.

So it's reasonable.

I'd feel different about this if that was actually residential, but you know it being a church, uh, more of a commercial use of within residential.

Fine with it.

I'm not sure what the hardship is, is uh just the irregular irregularity of the lot.

Is it the limited frontage?

He mentioned there were so many utilities too that maybe they kind of moved the sign farther away.

Isn't it shape kind of funny?

Maybe the unique shape of the lot.

Yeah, that's what I had written down.

Oh good.

Anything, Mrs.

Lewis?

No questions.

Yeah.

Do we have a motion?

I don't have any paperwork.

I'm deferring it very much.

I got it.

Um, Mr.

Chair, in board adjustment case 24036, I move to approve a variance to do decrease the required separation distance between a dynamic display sign and a residential district from 200 feet to approximately one 148 feet per the conceptual plan shown on pages 4.10 through 4.12 of the agenda packet.

The board finds the hardship to be the unique shape of the lot and the location of the utilities on the lot.

In granting the variance, the board finds that the following facts favorable to the property owner have been established.

A that the fiscal surroundings shape or topographical conditions of the subject property would result in unnecessary 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 literal enforcement of the subject zoning code provision is not necessary to achieve the provisions intended purpose.

C that the conditions leading to the need of the requested variants are unique to the subject property 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-imposed by the current property owner.

E that the variance to be granted is the minimum variance of all forward relief.

F that the variance to be granted will not alter the essential character of the neighborhood in which the subject property is located, nor substantially or permanently impair use or development of adjacent property.

And G that the variance to be granted will not cause substantial detriment to the public good or impair the purposes, spirit, and intent of this zoning code or the comprehensive plan.

We got a motion.

Second.

We got a motion, we got a second.

Mr.

Hill.

Yes.

Ms.

Dumas?

Yes.

Ms.

Williams.

Yes.

Yes.

Also wanna say yes.

This application has been approved.

Thank you.

All right.

Moving on to BOE 24037.

Um before before you say something.

I have to refuse on this one.

Mr.

SH and I would not be sitting in view.

I don't have any knowledge or on this particular application, but I need to reuse it.

Okay.

I'll fumble through this after we have comments from the city.

BOA 24037.

Location is 1331 South Gary Avenue East.

Applicant Ron Sage is requesting a variance to increase the allowable driveway width in the neighborhood character overlay.

Do I speak?

Yeah.

Yeah.

Start with your name and address and then tell us a little bit about the case.

My name is Ron Sage.

The address is subject property is uh 1331 South Gary Avenue, Tulsa, Oklahoma, 74104.

Um there is uh I'm seeking a variance for a uh small portion of the driveway or the parking that's in front of the uh of the property.

Um the the house is right next door to another house and where there's a shared driveway between the two.

Um that is um very difficult to accommodate two cars um you know maybe one and three quarter.

Um there's also children next door, and so they're always playing, so I thought, well, let's make a little parking area there in front to make to accommodate for this.

There's also um limited parking on the street because the west, sorry, the east side where this house is sits, um, is no parking.

So there's only parking across on west on the west side of the street.

On top of the the garage is very difficult to get into because of the way that they're offset behind the houses, and if you have a picture, there's probably a picture that's straight.

Um, I'll keep going.

Yeah, right there.

Um very difficult to get in.

I've tried it once and that was enough, and so only a very small car can get in there.

So I mean the main reason was basically because it's so narrow for two cars, um, almost impossible, and then um children next door and also the limited parking out in front.

I'm very conscious of the uh conscientious of the historical significance I've gone into this house, um, went so far as to go to Southern Mill to have trim the blade cut for the trim for the interior windows so that it maintained the same character.

Uh cedar posts, um, even went back in um it to with the windows and put um grids in the windows just to maintain that.

I I don't like tearing houses down like revitalizing and then make things making them um maintain the the character and the uh um the historical beauty of the home.

You know, I've also have other examples of houses in the neighborhood that have a similar driveway in front or parking area.

Um, you know, this is what I believe the extent that it's um in violation, or what I'm looking for is about a 15 square foot variance in order for this to be in compliance because if you measure it out and I've put the uh I I put the um what do you call the uh footprint um in the file?

If you if you have that, it would look like that, maybe and a little bit in yellow, and I might be a few inches off one way or another because I measured this probably five or six times to determine twenty five feet from the center of the street, twenty feet from there, twenty five foot from the lot line in, and then another eighteen feet from the center of the uh of the shared driveway, and that's when I come up with that bit.

That bit is the yellow portion is the portion that's in violation.

Um that I would very much um respectfully uh appreciate a variance for that.

Do you live in this property?

I do not know.

But I do renovate my houses so that if I did it as if I do, in fact, I probably renovate them to a fault.

Yeah.

As if I were gonna live there.

Does the drive that you this is already in place, correct?

Excuse me?

The you you've already put this in place, correct?

Correct.

Yeah.

Does the drive function without the yellow portion if that were to be removed?

It would, yeah, it just it's all I went out there and measured to see if I if I would cut it, then I could cut it.

It doesn't look as nice, but it would limit it, and uh, you know, it would limit it the uh the ability to turn around and it just torn between whether to to cut it or or to come in here, and I thought, well, to keep the aesthetics of it because it looks better like this.

Um, it would still function the other way, but I just you know uh cutting a rectangle out of it would so a car so I I'm just working my way through visualizing in this how our car parks there to they park, do they come in and do a 90 into that, and then their tail end is taking up half of the driveway, or is that car coming in and parking long ways?

Kind of at an angle, I would say, out of maybe a forty-five into it.

Okay, so the tail end doesn't stick out in the driveway.

Okay, and backing back out, you wouldn't have to do a three-point turn, you would basically back out back into the uh down the driveway.

And I went to the extent of going back and repoing the the three-tiered steps as you see as it was originally.

So, what's the um existing width of the shared driveway?

I want to say it's 14 feet.

You mean not counting the not counting the addition?

That you and a number of your neighbors have with the shared driveways.

I have 14.

Uh yeah, 14 feet.

Yeah, it was, you know, there was there was a lot of factors here.

Believe me, I didn't want to have to spend the money to doing it.

I thought it would be very convenient and safer for for the neighbors.

Um she always has kids out and playing out in the driveway and being shared, that's certainly a concern.

And so what what uh has that neighbor said?

Um either way.

She's actually here.

Oh okay, great.

So to be clear, we're asking for is it three and a half feet?

It's about three and a half by four, four and a half, uh, four and a half by five.

So three and a half, about fifteen square feet, roughly.

Any other questions for him?

When you when you purchased the home, did you know um that there's a shared driveway and that there's um uh overlay for the district?

Well, I when I purchased it, I did know obviously there was a shared driveway, yes, but I had no idea about the overlay at all.

Yeah.

Not until I got the letter from the city, then we dug into it, and then I I went, oh wow, I didn't know.

Yeah, had no idea.

Okay, no more questions.

Alright, you may be seated.

Okay, thank you.

Um, acknowledging that we do have letters here that the board received ahead of time and have been able to look at, but do we have anyone here in the audience that would like to speak on this case?

Go ahead and come on up.

Start with your name and address.

Hi.

My name is Lucy Brumbaugh, and I live next door at 1335 South Gary Avenue.

I wanted to speak today on um in support of Ron Sage's variance requests because I've personally seen um the condition that the property was prior to him purchasing it and the amount of care and the investment that he's put into restoring the property.

The home previously belonged to a longtime resident named Chucked who lived there since the 80s.

Over the years, the property have fallen into significant disrepair.

The home and yard were poorly maintained, and the property had become a negative presence in the neighborhood.

Since purchasing um the house, Ron's done a beautiful job at renovating the house while still maintaining the historic charm and character that fits our neighborhood.

Instead of tearing it down or over modernizing it, like we've seen in Brookside.

Um I think he's restored it thoughtfully and respectfully.

As a direct neighboring property owner um who shares the driveway, I can also say that the additional concrete parking area has improved the functionality of the property for both households, especially during holidays or family gatherings.

Um the extra parking space has reduced congestion and makes the shared driveway situation um much more manageable.

From my perspective, the added concrete does not negatively um impact the character of the neighborhood.

In fact, there are other homes as Ron has stated that have even larger paved parking areas.

Um I even noticed one on the same street because my daughter and I walk the neighborhood a lot.

So a block up.

There's um entire concrete pad.

Um I think Ron has made a positive investment in the neighborhood and has improved um the appearance, I'm sorry, the appearance and the condition of the property that was previously neglected for many, many years.

Um to add to, you know, some of the things that I've seen when you guys were asking about the width of the driveway.

Um also to consider is that my husband and I do have two separate vehicles.

We can't park in the detached garage because of how small it is, and we both have larger SUVs.

Um another thing to know is that it is since it is um a rental property.

Who's to say that the next tenant won't have a larger household with three cars?

You know, and that would be make it a lot harder to um navigate that shared driveway.

Um personally, I've seen during Christmas and Thanksgiving that that little extra concrete that he added um was able to add additional parking.

So he had two guests park in the front, and then additionally we had people lined up on our side of the driveway.

So I do feel like um he's made a positive investment.

Um so I respectfully just ask the board to consider approving the variance request.

Thank you.

Do you have any questions?

Okay, no, thank you.

Is there anyone else here that would like to speak on this case?

Sir, if you'll start with your name and address for us.

Good afternoon.

My name's Wade and Flags.

I live at 1234 South Birmingham Avenue.

So my primary residence in Renaissance, we have other properties within Renaissance neighborhood.

I mean, this is comes really down to a case of the practical versus the yeah, almost a theoretical concern.

You know, the fact that looks better, it's more practical.

Yeah, that side of the neighborhood's a pain in the butt to park on because Mother Street, you can't park on one side of the street.

These houses were built in 1920 when we are all had less things and with smaller things, and now it's that's not practical to have that situation there.

The concern though is but it's because this character overlay that's in place that has been painstakingly brought about to be in place.

The concern is if it's a you know, do we seek forgiveness or ask permission?

You're an ask permission board.

If you get people start coming here and just doing, you know, don't know and do things, you know, where to stop, how far is it go?

So that's the only concern that neighbors have as far as the overlay is concerned.

So like I guess a practical thing, solution versus almost a theoretical question, if you will.

So thank you.

Thank you.

Would you like to come back up?

You have the right to if you'd like, but if you thanks, okay, then we will move in to discuss.

Anyone have thoughts and discussion here?

Well, we're we're chatting because we we are I'm not maybe as much as he is big sticklers of people asking for forgiveness rather than permission.

But that is correct.

You know, due to the nature of this house being 100 plus years old and things are bigger, I can't really say how this is any different from the garage we just did.

Um just in that, it's you know, it's not really about it could be about money, but it's not really about money.

Practicality, yeah.

Yes, practicality.

Yeah, I mean, we got quite a few letters from the neighbors against it.

Um not all of them showed up.

Um, but I certainly understand in the overlay.

Um, I am a stickler about having someone done it without a permit.

A lot of people don't realize that you have to get permits for things, and I can sympathize with that.

Um it still functions if you take out that corner, it's not quite as aesthetically, you know, great looking.

Um I agree that taking out that chunk does look odd.

You can angle it, um, but it still seems like if you're coming in at a 45, which is why I was asking the question of the 90 versus how you park there, if you're coming in at a 45, it still works.

So, um I I probably will not support this.

Right, and I think the reason it's here as a case before us is because it is in the NCO, um, which I'm assuming this is a uh overlay because there's some research and in community engagement that happens of uh like keeping the character of the neighborhood um more uniform.

Um so maybe that's a question I would love to hear, maybe Nathan, if you have any insight on like how the neighborhood character overlays have been established and designated.

Sure.

Um so Renaissance was actually the first uh neighborhood character overlay that the city adopted, and it was an effort that was primarily generated by the neighborhood, um, starting with their association and then extending broadly to all property owners within the neighborhood.

Uh it has some very, I would say baseline character standards.

Um character might even be a little bit of a misnomer.

It doesn't regulate materials on homes.

Um it really focuses on scale.

So it reduced what could typically build in terms of maximum height of a home.

It applied greater setbacks to garages and really sought to kind of counter modern house design in a way um to to create something that would be more in line with what's existing in the neighborhood.

Driveway widths were certainly discussed as part of that.

I think the the primary concern was, you know, three car garages and driveways to serve those, create less walkable neighborhoods, and so that 18-foot maximum was put in place to still accommodate two-car driveways, but um apply a limitation that that isn't applicable in other parts of the city where you can get much wider driveways.

And Nathan, do you agree with what's before us if it's just kind of that corner that's in question here that he's highlighted in yellow?

Yes, and so just looking at his drawing, the 20-foot setback, right?

It that's the in that setback area, it's the only place we regulate driveway width.

Yeah.

So the what is in front of the steps and still attached to the driveway is not being considered to be part of that measurement.

It's really just the piece that extends into the street setback and goes beyond that 18 foot width.

Um so that's why it's just really the smallest portion there that is actually tipping him over the compliance requirement.

So he can have everything but that yellow piece by right, and so really kind of what we're what's in question today is the yellow piece.

Yes.

Okay, thank you.

I'm just trying to wrap my head around that.

He could have even more than that, right, Nathan.

I mean, he could have on his side of that chair drive, he could have up to 18 feet down there with the curb cut.

That's right.

Yeah, he could so where you see his 18-foot dimension, that could actually go all the way out to the curb.

So, yeah, he he's not created a full driveway, which I think the neighborhood would prefer.

I think they probably like the idea of it being just a smaller paving area on the front of the hound, but but in reality it's just that yellow area that has within the street setback extended beyond the 18-foot dimension.

So you could essentially take what's filled in in yellow right there, and you could fill in a larger portion all the way out to the street to the 18.

Yes, yeah.

So we're really just talking about the configuration of this.

Yeah, you're you're talking about that tiny little yellow box that's cornered in.

Thank you.

Yeah, and I will know, I mean, if you go north down the same street, I mean there are quite a few houses, not quite a few, but probably three or four that have, I mean, some of them have paved in their entire front yard.

Yeah, yeah.

So all I I don't think that what he's done is is um aesthetically dareable looking in comparison.

Um I would suspect that those did not do it with a permit uh just haven't been flagged, or maybe they've been there for a long time.

Um, just and uh just to note that you know I know that neighbors that it was uh raised that their concern is that this creates a precedent, but specifically all of our cases are unique and it does not create a precedent for a neighborhood if we approve one case.

So just to be clear about that.

I understand that it feels that way.

So I don't want to, you know, deny that that it might feel that way to you, but but we do look at every case individually, so also just for another piece of information.

The overlay has really only been in a place since kind of the end of 2023.

So it's it's still fairly new.

There's been a lot of things that happened before the overlay was ever in place.

Um but this is probably the first time we've seen a variance of those requirements.

So with all of that, I mean, I got a coin.

Well, so here's the other thing.

I I also don't love when when people don't ask for permission and they come to ask for forgiveness, but I also think that in this case, this is I can see where there could have been confusion or ambiguity.

You can do a lot of this by right, so uh I think that you know, sometimes we suspect that people come here, they fully knew what they were doing and they did it anyway, and sometimes people come and they may not have known, and I would like to give the benefit benefit of the doubt at any time we can.

So I can I say something real quick.

We're we're already in discussion.

I think you're good.

I think you're good.

And um, and I think that um it seems silly to have to remove this piece of concrete and be able to fill in an even larger piece of concrete because in theory this can stay.

So I understand the neighbors' concerns, but in theory, most of this can stay regardless.

It might just look a tiny bit different.

So that's that's where I land on this, but I won't be making the motion, so it's up to whoever does.

Well, I hate like I said, I hate the non-permission stuff, but what he's about to do for this little piece of something.

I just to me it has to make sense also, and I just don't I don't know that it makes sense to have him to dig up this little shh sh and then could potentially make it even bigger.

I don't uh, yeah, I guess I'm looking at it and not looking at it as he's asking permission versus um, you know, forgiveness.

I'm looking at it as this is an application for variance uh in within a neighborhood character overlay that was recently developed, um, and has like these certain design standards for a reason, and I'm less inclined to provide a variance for a newly developed uh neighborhood character overlay.

Um, and I'm not even thinking about like I don't think it's relevant for me.

It doesn't feel relevant for me to go down a path of like what the applicant will have to do in dig up um I see or dig up or reconfigure.

I'm just looking at this is an application for variance to the neighborhood character overlay.

Okay.

So that's where for me it's my inclination is to, especially for a neighborhood character overlay that is recently developed, um, to not overturn some of the design standards that have been put into place through recent community engagement and research and work.

But that's just me.

I can get behind that.

That's fair.

Who's gonna read on that?

I'm sorry, is it too late for me to say something?

Yes, I know.

Sorry.

I I went and I pulled permits for everything I did on this house, and I didn't know that you had to pull it for this park.

Everything is the garage.

In addition, AC electrical plumbing.

Everything I took from permitted.

And I bought it in 2022 before this was put into place.

Okay, so we're it sounds like probably two-two here.

So anyone can make a motion at this point.

Either two support or denying.

Well, mine would be in support.

Um, but you're probably not going to have enough to get over the hump.

Uh I move to approve a variance in BOA case 24037 for the conceptual plan shown on page 5.6.

Um the board finds the hardship to be the unique size and structure of the lot, and the property was purchased prior to the historical overlay.

And granting the variance, the board will find that the following facts favorable to the property owner have been established that the physical surroundings shape and topographical conditions of the subject property would result in unnecessary hardships or practical difficulties for the property owner, as distinguished from a mere inconvenience if the strict letter of the regulations were carried out.

That literal enforcement of the subject zoning code provision is not necessary to achieve the provisions intended purpose, that the conditions leading to the need of the requested variants are unique to the subject property and not applicable generally to other property within the same zoning classification, that the alleged practical difficulty or unnecessary hardship was not created or self-imposed by the current property owner, that the variance is granted, the variance to be granted is the minimum minimum variance that will afford relief, that the variance to be granted will not alter the essential character of the neighborhood in which the subject property is located, nor substantially or permanently impair use or development of adjacent property, and that the variance to be granted will not cause substantial detriment to the public good or impair the purposes, spirit, and intent of the zoning code or the comprehensive plan.

We have a motion.

Yes.

Uh Ms.

Dumas.

No.

And I also vote yes.

Motion passes.

Hurry before I mess anything else up.

Just kidding.

You'll not do that.

Okay.

So where we are.

Agenda item number six, Mr.

Chair.

Okay.

BOE 24038.

BOA 24038.

Location is 1412 East 35th Street South.

Applicant Bill Powers is requesting a variance of the minimum open space per unit requirement for a non-conforming lot in the RS3 district.

Welcome, Mr.

Power.

Good afternoon to the board.

Thanks for hearing our case.

I'm Bill Powers.

My address is 8810 South Yale Avenue in Tulsa.

I'm here on behalf of the property owners, the Cummings family.

In this instance, do we have the plans?

Can you put those up?

You'll have to do it.

We have a situation, the house was built pre-planning commission, and it's a brookside lot just off of 35th Peoria.

Uh very small lot, as is characteristic throughout this area.

And uh it's a two-bedroom home with the garage at one time was set well back at the rear of the property with a long driveway down the west side.

The uh old garage is since been gone because it was falling down.

The homeowners had it taken down a few years ago before I was involved.

They hired my firm to design uh uh and build a attached garage and add a bedroom to the house, and that's the purpose of this.

Um, the rub comes in here.

The hardship is had the uh clearance of ground area been in place when this house was built, they could not have built it the way it's built with the long driveway down the side and the garage clear in the back.

So that's the hardship.

Uh what we're doing today is simply moving the garage uh up to the house, uh connecting it to the house, and the entire structure is in bounds.

There's nothing outside of the easements, the rear setback is being complied with.

We have a small amount of area of concrete that is necessary to turn to get into the garage, and that's the basis that we're asking for the variance to allow for a few more feet of concrete.

Uh, and that would be the hardship that we need.

I will note uh this homeowner is a landscape architect, his knowledge of the area is extensive, and uh he did some investigation on his own, and many homes are non-compliant, but uh are non-conforming, but there are also a number of homes within a block next door across the street, the next block over, who are much further out of compliance with this acreage requirement, and they've been built that way with permits, so it's a very common to allow additional building in this area, as you know the Brookside area is extremely popular to build in because the property values are up, but uh that's uh that's the reason for our request and why we feel it's a hardship.

Okay, we're saying non-conformity of the lot is uh because of the width.

I'm sorry, what do you think?

Well, it's the the size of the driveway running down the side of the house and then turning to come back into the garage.

That amount of concrete puts us over the uh footage for the acreage for the uh uh it's a 50-50 split.

The code calls for 50% arable area with 50% paved area, whether it's home or driveway or whatever, and we're slightly over that.

And I will note the house has always been slightly over that.

How are we here from the neighbors?

Beg your pardon?

Have you heard from the neighbors?

Uh I've had conversation.

I mean, I know a lot of people on the street because I've worked for them, and uh you're in a neighborhood there where basically nobody's complaining because it's a very tasteful addition, and it's just adding equity to the for them and for the neighborhood because they're putting more money in.

We haven't had any pushback, any questions?

How big is the addition portion?

Uh with the garage, it's about 750 plus the upstairs, the footprint is about 750.

The staff report has some information on that.

Um page 6.2 at the top.

Yeah, I couldn't determine how much the addition was separate from they get yeah, they give the total, I think to cover 4,000 with the drive.

So nonconformity is the width of the lot, but the square footage is still there for the size of the lot.

Is that correct?

Uh the square footage is a result of the size of the lot.

Is that was that your question?

Well, trying to get to your hardship.

Um, one of your hardships was the nonconformity of the lot, which is the width, but you still have the square footage of the lot conforms, it's just the width.

Is that correct?

Yes, that's correct.

It's it's a 50-foot wide lot, but it's 7,000 square feet, and the minimum in a in this district is 6,900 square feet.

What's the minimum width?

60.

60, so it's 10 foot.

For sure.

Yeah.

Any other questions?

Okay, thank you.

Thank you.

All right, case of BOE-24 C or 3A.

Do we have anyone that would like to speak on this case?

Seeing no.

Let's move on to discussion.

Well, I'm gonna guess just thinking about the hardship.

Does does that non-conformity of the width really have anything to do with the size is there?

And this is more about open space.

Yeah.

Right.

I mean, they have the open space already.

Did it meet?

So sorry, this is may have been a question I should have thought of while you were still up here, but did it with the garage that was torn down a couple of years ago?

Did it meet the open space requirement with that?

Uh, yeah, you have to come to the mic, sorry, so we can be recorded here.

We just did rough calculations and the positioning with the driveway versus where the garage was and the driveway extension, it's very close to the same as it was built.

Does that answer your question?

So basically, it didn't meet the open space requirement.

What I'm trying to understand is if it didn't meet it didn't meet the open space requirement before because that requirement was made after this was already existing.

Correct.

And then they tore it down because it was crumbling or whatever.

It was in disrepair, and now they're trying to go back with a garage, but they're meeting the same non-conformities.

I guess my point being like it's not self-imposed because there was already a structure there and it was not meeting this the space requirement already, right?

And now we're trying to get another garage back in place in a different configuration, but it's still the same issue.

Yes, ma'am.

So thank you.

Just a few details.

Um, and this is I'm gonna try to explain this in the most explainable way.

Um so driveways that are in a rear yard per code do not count against open space.

If the previous was the previous structure a detached garage, it was so the detached garage would have also been located in the rear yard.

Because the way we define that is the space between the rear lot line and the principal home.

So the driveway going into a detached garage would have been able to count towards open space, which I know is weird, but that's what the code allows.

By virtue of attaching this to the principal structure and continuing to use the side loaded driveway, basically now we have to count all of that against the open space because it's not none of it's located in the rear yard, but it is still along the side of the principal home.

On the nonconforming issue, too.

I just want to be clear that as a non-conforming lot, the code is already giving you 50% open space rather than the standard requirement in an RS3 district.

So for a 7,000 square foot lot, you have a 3,500 square foot open space requirement.

Typical RS3 lots have a 4,000 square foot open space requirement.

So you get a inherent reduction as a non-conforming lot, but I just wanted to try and clarify all that because I think it's hard to understand in our staff report, but no, thank you.

And hard for us to remember all of these little things.

So we appreciate the the assist.

All right, so thank you.

Uh huh.

So I think we got the household there.

I think so.

Are you are you guys all comfortable?

Sure.

Non-conforming lot, yeah.

That's plenty of okay.

Give me one second.

I don't have it all written down.

If someone else does, you can go.

Sure, like we can wait.

Okay, and the it's on pages six point one zero through.

Okay.

Um, Mr.

Chair, and Board of Adjustment Case 24038.

I move to approve a variance to increase the minimum open space per unit requirement for a non-conforming lot in the RS3 district from 50% to 42% of the lot area.

I've heard the conceptual plan shown on pages 6.10 through 6.16 of the agenda packet.

The boy, the board finds the hardship to be it's a non-conforming lot based on width.

In granting the variance, the board finds that the following facts favorable to the property owner have been established.

A that the fiscal surroundings shape or topographical conditions of the subject property would result in unnecessary hardships or practical difficulties for the property owner as distinguished from mere inconvenience of the strict letter, the regulations were carried out.

B that literal enforcement of the subject zoning code provision is not necessary to achieve the provisions intended purpose.

C that the conditions leading to the need of the request of variants are unique to the subject.

Property are not applicable generally to other properties on the same zoning classification.

D that the alleged practical difficulty or unnecessary hardship was not created or self-imposed by the current property owner.

E that the variance to be granted is the minimum variance will afford relief.

F that the variance to be granted will not alter the essential character of the neighborhood in which the subject property is located or substantially or permanently impair user development of adjacent property.

And G that the variance to be granted will not cause substantial detriment to the public good or impair the purposes, spirit, and intent of this zoning code or the comprehensive plan.

Well, we got a motion.

Do we have a second?

Second with a second with a microphone.

Yes.

Ms.

Williams, Mrs.

Stolver?

Yes.

Also gonna say yes.

Application has been approved.

Alright, let's move on to the last item of the agenda.

A BOA 24039.

Okay.

Thanks, sir.

BOA 24039.

Located at 1601 North Atlanta Place.

Applicant Julian F.

Perez I'm a cana is requesting a special exception to permit a duplex in the RS3 district.

Hello, my name is Julian Perez.

So I'm applying for this exception because the house when I get it when I bought a uh almost nine years ago.

That was all but all destroyed, but that was as is like you see in the picture, but very different.

So but they did mention everything that I guess that was a mother-in-law house, uh already there.

So I fixed everything.

I changed everything, and now uh a few weeks ago I received a letter from the city of talks that they're gonna help to uh try to get a duplex or something issues like that.

My mom's living right there.

I'm not living in any more on the house.

I got other house, but on the part of the mother-in-law house, the same thing right now, so I can if I can give you opportunity for anyone, I can rent into other other people.

Because everything I put on the electrician, I when I re um uh I fix it, I get a permit for electricity.

Electricity, electrician.

So I don't know if you see I draw this plans, and there's a wall concrete is all around the the separate the old I guess the the previous owner do the so uh with the quota, I guess everything is good for complete this.

So was it previously a duplex?

Is that where you're no that's I guess that was mother in law house, but that's a little weird because when I get when I bought the house, that was two meters.

And I I guess that was uh different because when I tried to when I fix it, I tried to two meters, but the PCO don't don't let me put a two meters because they told me you're a single family.

You have to be uh uh duplex.

So that's the reason I apply this.

You've done a nice job look um kind of fixing it up from the exterior, looking back over the previous.

Um can you walk us through what all changes you've made?

You you've you've done a nice job remodeling it today just based on kind of the previous street view.

Can you talk to us about what changes you have made?

Uh uh actually uh I remember everything inside uh the the floors, uh, restrooms uh uh the bathrooms, uh the windows.

I replace, I take it all the old windows, I put it new new models, doors, uh, the electrical on this only one unit on the the small one you need to see the the small ones at twenty one feet that one I replaced all wiring I use the same uh plumbing but I have to fix all because this old house I have to fix all on the all past years and I put a concrete on this on the one part on the house on the north side I put a crunch because I was living there almost seven years and I put up bovers I try to do looks nice the neighborhood yeah that's it any questions so do you do you have any uh do you have like two water meters or just one water meter for I got just one water meter just one water so it's always being used as a uh as a once uh single family yes it's just when you call to get a second meter for the electric yeah because uh if I had to put a second meter and apply for that uh I do it so but because I'm trying to uh like say I I'm sharing the the the electricity with my mom so but I will receive this letter uh I guess uh I think I guess a green life or uh try to somebody other family live there and give you opportunity to live close to the the school zone actually.

Yeah because it's a few person they asked me what if I gonna rent us and I can rent it because I I don't have any separate uh bills and so but yeah if I had to do well because I'm trying to do the two twice uh twice uh the electricity I had I tried it but the PCO told me you cannot that the when I received the letter I tried to do again actually I spent like over four thousand dollars with the with the contractors and that but now they put me step again so I now I I guess that's the other way to complete this.

Okay.

Any more questions to that picture?

No thank you okay we have to say thank you okay say BOA 24039 do we have anyone that would like to speak see please come on please provide your name and your address hello uh my name is Anthony Jimenez and my address is 1602 North Atlanta core.

I live in the area around near uh nine years maybe uh but in the past before uh my neighborhood coming the neighborhood was so chaotic because the old all owner of this house uh have destroyed the house and bad people coming the police ever coming every week the police coming coming coming but uh when he starts uh all neighborhood change because the people start uh because we make a make a rebuild his house the neighborhood start to make a beautiful his house and usually all old cars which is jungle in the industry the city start to remove it because uh the people start calling you know because uh this is my neighborhood is good and usually uh for for this reason the last two years the people start coming to build new house and I include this because I I don't rent in this zone but I bought I bought my house like uh three months ago it's a new building and I have a neighbor a new neighbors uh would say it's a good people because uh he's a good people the the neighborhood change with with his star who started and only I can know you can uh give the opportunity of him for uh for rent house I want to know with with some good people when it comes here.

Uh to my neighbor.

Thank you.

Thank you.

Thank you so much.

Okay.

Do we have anyone else I would like to speak in this scene?

No.

Mr.

Perez, if you like to say something else, I'm okay.

So let's move on to discussion.

Nathan, what's what's the status of the NIO overlay?

Aren't they it's being amended?

Yes.

Um it has been recommended for approval by TMAPC, but we'll still have to go to council at a future date.

We don't know when that date will be yet, but anticipate early June.

So and this is this neighborhood would be within that, right?

Yeah.

And they are changing.

I think I saw a draft of it.

That the proposed changes is that um, or one of them is that duplex is gonna be a right.

Okay.

Yep.

I I don't really have any issues with this.

Um I mean we've there there are a couple other duplexes in this neighborhood and we approve those over together.

Yeah, I drove by yeah, so I mean he's done a nice job fixing it up, but you look past over the history.

Do we have a motion?

Uh sure.

Mr.

Chair and Board of Adjustment Case two four oh three nine.

I move to approve a special exception to permit a duplex on the RS3 district per the conceptual plan shown on page seven point one zero of the agenda packet.

The board finds that the requested 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 public welfare.

We got a motion.

Do we have a second?

Second.

We got a motion we have.

Miss Williams?

Yes.

Mr.

Hale.

Yes.

Ms.

Stolper?

Yes.

Also wanna say yes.

Your application has been approved.

Thanks for watching.

It is two forty-six.

This meeting is of your.