Alright, welcome to the City of Tulsa Board of Adjustment Meeting Number 1383.

Let's call this meeting to order.

It is 106.

But before we begin, we're gonna ask some 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 rebuttal, not to exceed 10 minutes.

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

There are sign-in sheets available 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 webpage 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 revisions to your current permit application, or include the documents with your submittal for a new permit application.

If you submitted a 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 Tgov Channel 24 Cable TV.

At this time, please silence any electronic devices.

And if there are not any questions, Mr.

Chair.

Alright, so let's we're gonna start changing the agenda items a little bit.

We had a request on agenda item number 10, which is a BOI 24048, a request for continuance from one of the neighbors.

Is the applicant present?

Okay.

Would you mind uh coming up to the microphone?

Provide your name and your address.

Uh if you are okay with the continuance, we'll go ahead and do that.

Good afternoon, Chair members.

My name is Eric Annyart.

I'm with Tanner Consulting.

Address is 5323 South Lewis Avenue in Tulsa.

Uh, I did see the email uh making that request.

I did speak with the owner of the proper property, Mr.

Allen.

Let him know that that had been requested, but that it's ultimately up to the board if they would grant that.

Uh in speaking with the owner, we would like to move forward if allowed.

Respectfully.

Okay.

So we go ahead.

Yeah, I think you'll just ask if anybody else is here to speak on just the continuance request.

Okay.

On agenda item number 10.

Is there anyone that would like to support that continues?

Afternoon.

My name is Nathan Lye.

I'm live at 1615 South Madison Avenue.

I also own the house on 1119 East 37th place, which is near the uh request for variants.

Um we received no prior notification other than the uh the the formal letter sent last Tuesday that the variants have been requested.

The uh the the neighbor of that property uh isn't present and can't be present today, but we wanted to research this issue further, get a better understanding of what was requested, and come up with a consensus and our views and our opinions before um deliberating.

So that's why we requested the continuance.

Um but he is not available today.

Uh that's doctor.

Oh, geez, sorry, forgot.

So how long do you think it continues?

Like two weeks.

Uh that would probably be fine, because we can probably meet next week.

You guys can get together and this cost more details.

Okay.

All right.

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

Okay.

Please come on.

Thank you.

Uh I realize that there is a meeting in two weeks, but I will not be here available for that meeting.

Uh so if you do continue, we would want the meeting after that one.

Okay, so we'll be here about a month.

Okay.

Okay.

So what's the next meeting, Nathan?

After that one.

One moment.

Let me make sure I give you the correct date.

It's like June 20.

The next meeting would be June 9th, and the one after that is the 23rd.

Okay.

According to my calendar.

Yes, that's it.

Alright, so do we entertain motion to continue BOA 2404A?

Mr.

Chair, I move that in BOA case 24048 that we accept the request for a continuance to June 23rd.

We got a motion that we have a second.

Second.

Yes.

Ms.

Doomass?

Yes.

Ms.

Stoffer.

Yes.

Ms.

Williams.

And also when I say yes, this one has been continued.

All right.

So let's go back to our agenda items.

Before we start, I know uh Miss William has to leave uh 2 30.

Ms.

Duma has to leave for 3 30.

So we're gonna be only three people after 3 30.

In order for your case to prevail to be approved, you're gonna have to have the three votes.

Three years.

So, but we're gonna get started and let's see how we progress between now and 2 30.

Okay.

All right.

So let's move on to agenda item number one, which is the approval of the minutes of meeting 1382, May 12th, 2026.

Mr.

Chair, I move to approve the minutes from meeting 1382 that occurred on May 12th, 2026.

Second.

Okay, we got a motion.

We got a second, Mr.

Hill.

Yes.

Ms.

Williams, yes, Dumas.

Yes.

Ms.

Stoffer.

Yes.

Also gonna say yes.

The minutes are being approved.

So let's move on to agenda item number two, BOA 24040.

BOA 24040.

Location is 2207 South Delaware Court.

Applicant Zach Rash is requesting a special exception to permit an accessory dwelling unit in the RS3 district and a variance of the exterior finish and roof pitch requirements for an accessory dwelling unit in the RS3 district.

Okay, diablica.

Okay.

Please provide your name and your address.

My name is Zach Rash, and my our address is 19452, East Highway 20, Claremore, Oklahoma, 74019.

And we're here on behalf of the homeowner which is present, Mr.

Chambers.

Okay.

Please tell us what you'd like to do.

So the particular structure that Mr.

Chambers is requesting is we're a container, a specialty container builder, a shipping container building company.

Um with the roof pitch and stuff that goes it it he has an observation deck that he's wanting to build with it, so it kind of eliminates being able to have a roof pitch on it.

Um as far as the variants and stuff, uh and it's it's a just additional living quarters for family members and such.

So I'm not I just understand that we're supposed to have the additional building applicant to place the structure on the property.

Okay, and further questions.

I do have Mr.

Chambers here that could probably answer more of the ins and outs of that.

Okay.

How do you all talk to the neighbors?

I believe he has spoke with neighbors.

Do you mind if I come up and please?

Yeah, Emily's my office manager.

She's been a part of it in the start.

Hi, I'm Emily Johnson.

Uh same work address in here for the 2207 address.

So he has notified his re his neighbors as well as the signs posted.

So 13 neighbors came forward, which is roughly 4.7% of neighbors, none of which are adjacent or connecting to him, and some of them are here to speak against it.

He has spoken with all of his adjoining neighbors and they are all in support of the project, as well as I know some of the concerns they've addressed and will be happy to address after they have a chance to speak.

Um, but in there we have the structure, the foundation, um, where everything is going to be placed.

It will be on his residence behind a fence as well as a gate, so it's not gonna be an ISOR.

There are also currently over 39 container projects in Tulsa that have only increased the value.

We are also currently in partnership with the Tulsa Housing Authority to build more of these as low-income housing and veteran housing in Tulsa.

So this is something we've been working with the city of Tulsa with to increase the value, never decrease the value of a property.

We only build out of new shipping containers.

So they are 100%, they're not ever going to be an ISOR and they're not going to disintegrate.

They also have the highest safety rating of any structure that can be placed as they withstand up to 150 mile per hour winds.

They're not going to be damaged by strong winds, any hail damage, anything like that, because they are made from structural steel that is made to go back and forth across seawater all day, every day.

So their longevity is over 100 years from new condition.

So they're going to outlive all of us, and they're not going to take down any property value.

They're not going to create an eyesore when it comes to the exterior and the roofing that we're asking for the variants.

It is not possible.

It is not feasible to attach brick and siding to a shipping container that is made as a shipping container.

The same as they don't need the same kind of roof pitch as a house structure does because they're created differently and made to withstand rain and wind.

And so at this point, we are asking for this as there is less than a 5% against this in the neighborhood, as well as none of the adjoining neighbors have an issue with it.

Okay, yeah, this is an interesting type of construction, especially in this neighborhood.

Are they any other shipping containers?

I mean, this neighborhood.

So shipping containers are new to this specific neighborhood, but they are not in the adjoining.

They are actually in RS3.

We have worked with Tulsa.

A lot of them are being put in as just storage and approved as just an accessory storage building.

This one is a little different because we are asking for it as an accessory dwelling unit.

And the main reason for that is using a shipping container as instead of a regular stick-built accessory unit, is one the safety of it.

Like I said, they withstand winds of up to 150 miles per hour, and with Oklahoma being as prone to tornadoes as it is, that is more of a safety feature for family and for his own family.

It also, like I said, does not have the same upkeep.

So you're not gonna have the damage, it's never gonna rot out from underneath them.

You're not gonna have roof shingles flying off, metal peeling off the side of it, or it disintegrating and lowering value of property.

So on the variance portion, um, what would your hardship be?

So the hardship on the variance part is that it is not possible to attach brick and mortar to a shipping container to be able to do the brick and siding, and it does not need the roof pitch that a standard building needs because it comes already designed to shed water naturally.

What's uh so it's not are you saying that the hardship is that you want to have a shipping container as opposed to uh uh regular structure?

So the variance part of it is that we had to ask for a variance for the siding and the roof pitch because it's not going to match the house.

Right.

And so at that point, the cost of turning it into a brick and mortar changes the entire structure.

Right.

And so you're saying that you could put a brick and mortar there, but you want to have a shipping container instead because of a desire?

No, so with putting in a brick and mortar, you cannot achieve the same space wise that you can within the eight by 40 shipping container.

Right.

You also will not have the safety, and you will not have the upkeep as much less, and is a safer structure than a brick and mortar.

In the um in our packet, it's I can't tell.

Is it going to be painted?

Is the structure going to be painted?

It looks like it's dark here to match like the um, I'm gonna say there was some black accents on the house.

Is it going to be yes?

It is gonna be that dark black to match okay.

So it will it will match correct, yes.

It just won't have the same correct materials and pitch.

Okay, thank you.

What's the total height?

I mean, with a foundation, the structure.

So the foundation is six inches above grade.

So the total height would be 10 feet.

10 feet.

So I'm assuming there's a fence in the back and the fence probably above.

Correct, it's fenced around and your fence is six foot tall.

Six foot tall.

Okay.

And we have pictures of the existing fence that was added, because I don't believe the pictures you guys have show his existing wood fencing that he's already upgraded the property with.

Do you want to give that to me?

And they can put it up on the screen.

If I can add the this photo here shows that there is currently concrete where his truck is parked, there was one of the concerns about if he has family members there that there would be additional parking.

So it's just I don't want to misrepresent that photo.

So there that's what the next phase would be is adding concrete to that parking area where his truck is parked, because right now it is dirt.

His concrete ends where that covered parking is.

But the fence is already designed.

So uh aesthetically, so uh uh we're just wanting to make sure we're going about the right process and getting everybody's blessings on it since as Miss Emily said we've we've had it approved for a shipping container to be in an R3 zone zone for storage.

This is we just we're we're doing the same container in the same zoning, we're just making a secondary dwelling or uh an additional dwelling in it.

Are there any plans to use the shipping containers uh short-term rental?

Not currently, not that I'm aware of.

No, it's just for housing for family.

Is it common to have ADUs in this neighborhood?

So when I spoke with Mr.

Whiteman Whitman, who works in I think the planning or permitting office, I'm not sure which one he's in, he said it is not uncommon for ADUs in this area.

Thank you.

I'm still not there with a hard ship.

Can you restate your hard ship again?

Yes, sir.

So with the hardship, um, monetarily shipping containers are a better cost per footage.

Also, safety purpose-wise, the safety of a shipping container is a lot higher than, and then also being able to build a brick and mortar in that area within the space that he has.

Contractors aren't able to basically do that in that area because it is going on his property with his existing structure and not being attached to his home.

Okay, the hairship has to be uh it can be financially motivated.

So you started the harsh uh that is cheaper construction.

So how she has to be something unique on the property.

Why do we have to have uh this structure in that location and the height, the pitch and all of that?

So it is it is financially.

Financially, he cannot build an ADU out of a brick and mortar the way that he can out of a shipping container.

Okay.

Any questions?

No, other than when other people are speaking, think about a hardship that is not financial.

We cannot accept that, and that can't be in our motion, so it's got to be something unique to this, and there's probably something.

Okay.

All right, so case BOA using it.

Okay.

2404 zero.

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

Mr.

Chairman, we have uh five speakers signed in.

Right.

So can you raise your hand the five speakers?

One, two, three, three.

Do you want me to call them?

Yes, please.

Let's go ahead.

All right.

I'm gonna turn.

First speaker is Patricia Siebert.

Doing three or five minutes.

Um, if you don't, well, I mean everybody uh don't repeat the comments from the previous speaker.

That way we save time.

Everybody's gonna have five time to speak, five five minutes to speak, five times, five minutes.

Thank you.

My name's Patricia Seibert.

I live at 2145 South Florence Avenue, one block from the uh residence in question.

Um first of all, I'd like to remind you that Florence Park South is a single family residential dwelling neighborhood.

There are no ADUs in the neighborhood at the moment.

There are a couple of uh VRBOs that are do cause problems in our neighborhood.

I I think I don't know if you were able to read the letter that we sent.

Uh I represent 13 households that as we found out about this thing through the sign in his front yard.

He did not come to the Florence Park Association neighborhood uh meeting.

Granted, we meet quarterly.

There was a meeting in April.

I don't know if plans were established after that or before that.

Anyway, he didn't come to the neighborhood association meeting to announce his plans or ask about whatever.

Um so it took us a little while to get organized after where the signs went up in his front yard.

So I spoke to almost 20 households in my neighborhood, and eighteen of those people uh said that we don't need another uh auxiliary dwelling, and if the if the auxiliary dwelling is for household member or family member, why don't we have it in the house?

They've got a three-bedroom, two bathroom house with two people living in it.

So what is the real intent?

And we know that intentions can also be uh changed at at the moment's notice.

Right now he parks his truck on the grass, as was noted.

Do they plan to put another driveway in and cut the curb there and establish more drainage that they are on top of a hill, so it runs downhill to where we have a detention pond, which was placed in 2014.

So there have been drainage areas in the Florence Park.

In fact, the detention pond removed I believe 39 households from the flood zone area that Florence Park South had.

So anyway, um, if we had had more time to have a neighborhood association meeting, I think they would find more opposition to placing this in the historic residential neighborhood that we so dearly love.

Okay, thank you.

Anyways have any questions?

Is sorry, she said the word historic.

Is there a historic overlay in this neighborhood?

No.

No, okay.

There's just but it's a long-standing neighborhood.

Sure.

Sure, yeah, thank you.

All right, thank you.

So next person.

Uh next speaker is Sharon Jordan.

Hi, my name's Sharon Jordan.

I live at 2294 South Delaware Court.

Um I am the vice president of our association.

We have a neighborhood association.

Um I, you know, I believe if we did were had time to have a meeting, there would be more objection to this.

As I'm aware, we do have um VRBOs in the neighborhood, and I I don't know of any other, there is one that has a dwelling in the back, and I don't know if they ever got a permit.

They never put up signs or anything, but they do have an actual separate dwelling in the back that was a workshed or something, and they made it into a rental.

So um we're just concerned about this type of structure for sure, and what it will do to the aesthetics of the neighborhood.

So, question A.

So are you against I mean someone having an ADU in the complete or the am I against it?

Yes, yes, yes.

Are you against the ADU or are you against the type of ADU?

More the type.

More the type.

Okay, yeah.

Thank you.

All right, next speaker.

Next speaker is Lisa Zundal.

I have been a board member on the neighborhood association.

Oh, I'm sorry.

Lisa L E S A Zundell Z-U-N-D-E-L.

Is that another history?

Oh 2283 South Delaware Court.

I live right down the street.

And we've never come across a situation like this, and not wanting to repeat my neighbors' other objections, but you know, we saw the signs as Sharon said, and again, I don't want to repeat, but we had very little time to organize, and uh, you know, little communication within neighbors.

We just walked around and called or or talked to neighbors, and um, you know, what we put together in three or four days' time, she said it was 3.4% or whatever.

There are great deal more people that are against um a structure like this, not so much, you know, an add-on or anything like that.

It's having a shipping container in our neighborhood, and you know, we're right across the street from Florence Park, which is a historic neighborhood, and you know, we're in midtown, and that just doesn't seem like it's something that uh the neighbors are on board with.

So uh the only other thing I wanted to add was besides the detention pond, which did create we lost a lot of homes, they took out homes in our neighborhood because of the drainage, and his house sits on a corner lot that overlooks many houses on the streets below, and those people um were uh concerned with the drainage going downhill into their properties that are not level with his property, so they wanted me to express some concern on their behalf um for the drainage problems that will occur when something like this goes in.

Okay, same question.

Are you against the ADU part or you're against the type of structure?

Um, you know, right now without knowing a little bit more about the ADU and having not had a chance to discuss it with the neighbors, I'd say both at this point.

Uh particularly the the container, but um I'd say both just as I'm speaking on behalf of other neighbors.

Okay, any other questions?

Okay, thank you.

Okay, thank you.

All right.

Next speaker.

Next speaker is Edith Allen.

Hi, uh Edith Allen.

I live at 2247 South Florence Avenue.

Uh, been there over 30 years, and I'm totally against the ADU completely.

Uh you know, he's got a six-foot fence, it's gonna be 10 feet.

Then when he puts a hot tub on top of it, you know, and I walk the neighborhood, that's what I see, and it's a jewel of a neighborhood.

We're confined with 21st Street, Harvard, Broken Air Expressway.

No one comes in there.

We only have 300 some houses, uh, and we did have one ADU sneak in.

I know it 99% sure it was not done correctly on Gary Place.

Uh it was done illegally, and we don't want this one done correctly.

It's not gonna match the none of it's gonna match pitch of the roof or materials.

Uh I understand that's what they're asking for, but um it's a gem of a neighborhood, and we don't want any ADUs as far as I'm concerned.

Are you the neighbor right next door?

No, I'm a street over.

Okay.

There's only five five streets in the neighborhood.

It's uh it's a little little jewel of a neighborhood.

Okay.

Any questions?

All right, thank you.

So the last person okay.

Uh last speaker is Brad Chambers, which I believe is the owner.

Okay, my name is Brad Chabers, and I live at 2207 South Daryl World Court.

Thank you for the opportunity to speak to you all.

My wife and I care deeply about Lawrence Park South and I'm gonna read this so I can stay on track there.

I want to clarify that we are asking for approval for an accessory dwelling unit or ADU on our residential property that is not rezoning request and it does not change the residential character of our home or the neighborhood.

The ADU would be a residential accessory structure that we would use for family guests, additional living space, or an in-law suite.

We are not asking to change the neighborhood, we are asking to invest in our own property through the proper processes.

We understand the concern about parking and traffic.

We plan to widen our driveway to improve off-street parking, but the city has the city of Tulsa has told us that the driveway approval is a separate process from this ADU request.

We intend to follow that process as well.

I would also like to point out that our home is on the corner lot near the northwest side of the neighborhood.

The homeowners listed in the opposition can access any four neighborhood outlets without having to drive by our residents.

Because of that, we do not believe this ADU creates a meaningful traffic impact on those residents.

There has also been concern about property value, respectfully.

Our property, excuse me, a properly permitted structure built to city of Tulsa Code is an investment in the property.

If we believe this would hurt our home or the neighborhood, we would not be pursuing it.

Because this ADU would be in our own backyard, we have every reason to make sure it's well maintained, respectful, and compatible with the neighborhood.

No one will live closer to it than we do.

Since moving into our home, we have worked hard to improve and maintain the property.

We take pride in where we live.

We were even recognized as a f the February neighborhood resident of the month, which I believe reflects the kind of homeowners that we are.

For this reason, I respectfully ask the board to approve the special exceptions of this accessory dwelling.

Thank you.

Okay, Mr.

Chambers.

We have an especially a sectionary, we have the bearings.

The bearings on the roof beach, having this structure.

Do you have a hard shape that you can?

I would say the simplicity of the home and not having to dig into the ground and put it on piers would not would help not to impede into the drainage.

Because if we were to put an ADU a standard stick, you would have to dig into the ground and pour a foundation, which would actually cause more of a drainage issue.

Okay, any questions to the owner?

All right.

Thank you, Mr.

Chamber.

Alright, so please come back.

So as far as hardship, we have a corner lot hardship.

Because these are corner lot, there are greater setbacks, and he cannot do a standard stick belt footprint the same as we can change the shipping container because it is longer and narrower.

We can meet those setback requirements that we cannot meet with the stick belt for the roof pitch and the trees.

The variance is because there is already mature trees on the property that have been standing before the home.

If we were to put the roof pitch on it, he would have to cut those trees to be able to do that.

There's also a drainage hardship for utilities because the ADU that we're requesting does not require permanent foundation, it will not change the drainage, so it will not affect the retention pond that they those opposed have been speaking on.

Because this sets on four pillars and is welded in with the curb around it, it does not have the same ground displacement or drainage issues that a standard ADU would cause.

Okay, so like I said at the beginning, I mean, this is a unique type of structure.

Why you guys didn't have a chance to talk to the neighbors, have a neighborhood association.

So he did.

He went to all of his surrounding neighbors that would be directly impacted, and then those who saw the sign actually posted it in their town Facebook page, so that or their community Facebook page.

So everybody in the community on that page was able to see this from the moment that that was placed.

Because there are 270 homes within this.

He spoke to all adjoining neighbors that would be directly impacted, and then it was posted to the page for all those that are not adjoining.

And since then, 13 have signed the complaint that was sent in out of the 270, which is 4.7%.

What's the square footage of the 320 square feet?

So with the shipping container, inherently it's all structural in and of itself, but I mean, other than cost, there's really not a reason that you can't overframe pitch the roof to match the house, do some kind of finish that matches the house.

That's really just more of a financial issue, right?

So with the risk.

And it's over and above what a shipping container would be, but you could still do it aesthetically, you could get it to match.

So we could with the exterior finish the roof pitch would cause cutting mature trees that are already on the property.

Do you have a picture of that?

I do not have a picture of the backyard, no, I apologize.

And that's what I like because I got two.

Two architects.

I don't know, Miss.

But we're not in discussion right now, but Mrs.

Duma, do you have any questions?

Uh sure.

I think my main question is there is an opportunity to do a stick built, and everything I'm hearing is that there is a desire for a variety of reasons that are not listed in our kind of criteria for um developing or like um determining a hardship.

And so that's where it's to me, like there are two different requests.

There's a special exception to simply have an ADU on the property, and then the variance has a different um like criteria to meet the variance, and that hardship is still not very clear in the criteria that we are looking at.

And so I do thank you for that extra research, especially looking at um, you know, the drainage issues and like we understand like the safety issues, and um since I'm unfortunately not an expert in either of those things, like that's not uh something that I see in the criteria that I need to evaluate whether there is a hardship or not.

And so for me, there's uh two distinct requests, and I think one request is very clear and easy to reach a decision, easier to reach a decision, and the other request of the variance is not as clear and not as easy to reach a decision, but I do think you have been very forthright and very helpful in understanding um the full uh comprehensive uh like plan for the site.

So thank you.

Any more questions to the W guy?

Ms.

Williams.

Okay.

Thank you.

All right, so now let's move on to discussion.

What I guess started.

Um I'm I'm fine with the special exception for the ADU.

Um, maybe maybe there's not a lot of them in the neighborhood or or whatnot, but uh they're very popular.

Uh I just I'm never gonna get there on the variance.

I don't see a hardship.

It's care, it's out of character for the neighborhood, it's out of character for the house.

Um I think it it makes financial sense, uh, and it's very logical to do that.

However, I'm just I'm gonna be a no on the variance.

Yeah, what about Mrs.

Williams?

Um, I think that number one, it behooves you to probably talk to the people in the community a little more.

Um, just to kind of at least hear what they have to say, because sometimes that can you know get the tension down, and maybe even you can get some information from them about what would be an acceptable alternative.

Uh I don't want to say no, but sometimes we need to say not yet, so that you can maybe do a little bit more research.

So that's kind of where I am with it.

Okay.

Ms.

Stolman.

Um, yeah, I mean, I wrote down all during all the speakers kind of some thoughts that I have.

Um I agree.

It's a jewel of a neighborhood.

I'm very familiar with this neighborhood.

Um and concerned neighbors are good neighbors.

So thank you for being here.

It's very, very important.

Um I I lean more towards um what Mr.

Hale's saying about ADUs are not uncommon for this area.

I get that maybe in that neighborhood, but if we're not going against the open space requirements, I don't have a problem.

And looking at the aerial view, there's plenty of structures and backyards in this neighborhood.

Maybe they're not ADUs, but there are quite a few structures.

Um so that part doesn't uh I would be okay with that part.

Um, and then you know, this these some of these kind of stink because they get caught in the middle where we're not really prepared to see something new and different.

And so there's plenty of shipping container structures and projects that are artsy and cool.

Um, this is sort of irrelevant, but there was a um train car pool house in a backyard where I grew up many years ago that was the coolest thing ever, and that wouldn't fit in our box today of what we would approve here.

So, you know, it kind of like oh darn, I hate when when it just doesn't quite fit in our box.

Um it stinks because a shed could be there by right as a shipping container, and it would have the same look in that backyard.

But because they want to change it into an ADU, that's what brings it here.

So I I hate when these things sort of get caught in the middle, honestly.

That's that's a that's a struggle for me.

Um, and it's going to be shorter.

The height will be less than it would be if they did add the pitch to it.

So I get that the pitch would match.

But if our concern is seeing something behind a fence and in a backyard, then it will be less tall.

Um, and so, you know, I probably lean towards this being okay, especially since they're gonna paint it black and there's black on the house, and I I think that it could match, but I understand the concerns here, and so I'm kind of on the fence still, maybe on the second request.

Um, I would be a yes to an ADU in general.

Okay.

Yeah, my uh comments are still the same that I um kind of used as a question, but were also comments.

Um, and so I think there are two distinct um requests here, and one is really straightforward and very common to what we see kind of every meeting, and the other one um, as you said, it is new, it is different, and um there's uh sure there's shipping containers across the city, and a lot of them are in industrial zones, and a lot of them are in uh commercial uh zones and mixed use zones, and um I do think having a living structure, a structure for living is different than having a structure for storage, and today I'm not seeing the the um clear hardship uh based on the criteria that we are being asked to evaluate it on.

So that's uh those are my comments.

Thank you.

So here's what I suggest that we do two separate motions, one for the specialist section, one for the variance.

Um we come both separately on board.

Or do we ask them to come back?

We say, regardless that they go back is still for me, yeah.

Um I'm ready to go, but it it's I'm just I don't know.

Yeah.

What's your thoughts on that?

Um, I mean, I think it's a pretty clear-cut case that's in front of us.

I don't there's nothing that I'm confused on that time would help with, but I understand what you're saying.

You're saying for probably the neighborhood to Yeah, and I really don't believe the neighborhoods are gonna change their mind either.

So, hey I'm all about world peace, okay?

I like that.

Mr.

Chair in uh BOA case 24040.

I move to approve a special exception to permit an accessory dwelling in the Swissweed dwelling unit in the RS 3 district per the conceptual nope.

Subject to the conditions um in section 45.031 of the zoning ordinance, the board finds that the request of special exception will be in harmony in the spirit and intent of the code and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

We got a motion.

Do we have a second?

Second.

We got a motion we got a second.

Yes.

Yes.

Mr.

Hill.

Yes.

Ms.

Dumas.

Yes.

I'm also going to say yes to the special exception.

No, let's do the variance.

But it can be an approval as long as you know where the RCP is or denial.

I mean, I'll make a motion to deny it.

Okay.

Um, Mr.

Chair and Board of Adjustment 24040.

Uh I move to deny a variance of the exterior finish and roof pitch requirements for an accessory dwelling unit in the RS3 district.

Board finds the hardship to be self-imposed.

Okay, we have a motion.

Do we have a second?

Second.

Okay, motion we got a second Ms.

Williams.

Yes.

Mr.

Stoffer.

No.

Mrs.

Dumas?

Yes.

Mr.

Hill.

Yes.

Also, gonna say yes.

The variance was deny.

Alright, let's move on to agenda item number three.

BOA 24041.

BOA 24041, located at 2630 East 16th Street South.

Applicant Michael Craig Thomas is requesting a special exception to permit a carport in the street setback and street yard in the RS3 district.

Okay, you want to go?

I'm I'm Laurie Phillips.

I'm an attorney.

I'm uh here for Michael Thomas.

Um also a spouse, so I've kind of two uh rolls here.

Um we are requesting an exception because our garage as the photos that I presented that I sent in show needs to be torn down and replaced.

The garage was hit by a car, not one of us, but we have to it needs to go.

Um the recently there was a new overlay in the Florence Park neighborhood, which ironically I voted for.

And so in order to rebuild this garage, we cannot build it in this having a garage big enough to even put a car in because the length of the garage comes in front of the house.

The garage and the house is right next to the broken air expressway.

So on the west of the house is the broken air expressway.

So there's not anybody on that side for it to bother.

There is a house straight almost straight across the street.

You can see from the plat, um, that was with the notice.

It shows several lots there.

Of those lots, there's not houses.

Okay.

The only house you can see where the subject property is outlined.

Straight across there are, there's it shows on that street, it shows one, two, three, four, five, maybe six lots, five, six slots.

There's only one house there.

The other lots are vacant.

They were taken out for flight control.

And so the house, so the houses on the north side of the street, there's one small house on the south side of the street where our house is.

Um we're the only house there.

The lots next to ours are vacant, and they are vacant because they're owned by the city.

The houses were taken out for flood control.

The only other houses that were are close to us, all face Columbia.

So the backs of the houses is what we see.

We um spoke to the neighbors, the ones on Columbia, they're just right around the corner, and they're both both of the neighbors say great.

They're happy with it, and actually, one of the neighbors says, that's what I've been wanting.

This is one of the neighbors whose houses face Columbia, but their garage faces 16.

Um, like so they're right on the corner.

And so, in order, like I said, for us to have any place for our cars, we're gonna have to have what we're requesting the variants in order to build a carport.

Um the carport, I have provided a photograph of a car port similar to what we want to have put in, and that car port is probably about two blocks down from our house.

They use wood timbers, and they're pretty wide.

We don't want the those wood timbers are too wide, in my opinion.

We aren't going to use that style.

And the wood timbers would match the house.

Our house is rustic, um, and so by having a carport, it would also, you know, breast stick, it would meet it would also match the house.

And you can see I provided photos of the house and views from so you can see what the street looks like, the surrounding area.

What that would also do, it would hopefully cut down on the mud, because on our street, we're like the orphan street in that neighborhood, we have no curbs, and so and every time, and also in addition to that, there is on the broken air expressway at the end of the street, there's a drainage area.

So every time it rains, of course, there's mud and muck, and it's a mess.

But by having the carport in, that's going and that should reduce some of that mud.

Also, by having the carport in, that takes up less room, and because it would be clear from where the garage is now.

So, as far as the flood control goes, there's a more place for the water to go.

And since we've lived there, we've never been flooded.

Um, this home has been in my husband's family since probably the 70s.

It was originally a duplex and then it was converted to a single family.

So, any questions?

How far off of the street um would the face of the carport be?

And Brandon is here to the uh our contractor builder.

Okay, Brandon Jackson, twelve sixteen North Lansing Avenue, suite A.

Um, the um we will be in the um in the front yard set back.

No, uh, the street is uh 50 foot right away.

So from the center of the street to the property line is 26 feet, and then the carport sticks out 20 feet, so we'll be behind the uh front yard set bank.

And also, too, you'll see in the photos there's a fence, and the carport will not extend past that fence.

So will it more or less be in line with where that fence is?

Yes, that at the property line.

So that garage that we're seeing the picture that's gonna be a demo.

Are you guys gonna be on the new one?

Yeah, uh a car came through the broker expressway through the fence and and kind of twisted their garage.

But the garage is kind of like Ripley's believe it or not now.

So uh so yeah, we're gonna uh demolish it and um and put the um uh the accessory use building there in the carport in front of it.

Any other questions?

No, thank you so much.

Thank you.

Okay.

Okay, Sabio 24041.

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

See no, let's move on to the discussion.

I don't have any issues with this.

I mean, there's yeah, there's not a lot of them in the neighborhood.

Um but there are a handful of them.

There's one right down the street, and then there's this one that they provided the picture around the corner.

So I mean, I'm good with this.

Yeah, it is a very unique property and a unique circumstance.

I feel like this is just fine.

Yeah, and I think it's worth noting that there was a letter in support from a neighbor as well that's in the uh packet.

Yeah, good call.

Yeah, appreciate it.

Thank you.

Ms.

Williams, or do we have a motion?

Mr.

Chairman, in case BOA 24041, I move to approve a special exception to permit a carport in the street setback and street yard in the RS3 District.

Per the conceptual plan shown on pages 3.11 and 3.12.

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 have a motion that we have a signal.

Second.

Okay, motion we got a second, Mr.

Hill.

Yes.

Ms.

Dumas?

Yes.

Ms.

Stoffer.

Yes.

Ms.

Williams.

Yes.

Also going to say yes.

The supplication has been approved.

Alright, let's move on to agenda item number four.

BOA 24042.

BOA 24042 located at 2823 East 42nd Street North.

Applicant Rommel Kennedy Jr.

Rommel Kennedy and Janet Kennedy are requesting a special exception to permit a manufactured housing unit in the RS3 district.

All right, welcome.

Yeah, please provide your name and address.

My name is Janet Kennedy.

I'm the mother of Romel Kennedy Jr.

and the wife of Romel Kennedy Sr.

We live at 10 East Archer Street, apartment 1510.

And that's it.

Do I need to say anything else?

Yeah, if you like to, I mean, if you're gonna speak yes, please provide your name and an address.

Again, Romeo Kennedy 10 East Archer Street, apartment 1510.

It would be okay.

So what would you like to do?

Um we're actually trying to um we'll have something I'll just read because you guys have all the information here.

Um so I wrote this out.

Um I just want to thank you for allowing us the opportunity to speak today on behalf of the plans for the property located at 2823 East 42nd Street.

Our vision is not simply to place a manufacturer or mobile home on the property, but to continue positively growing the uh community in the appearance and the stability of the community.

We understand that any new development brings questions and concerns, and we want to assure everyone that our goal is to be an asset to the neighborhood.

This property represents a property to create a safe, affordable, and well-maintained housing unit while also improving the overall appearance and value of the area.

We're committed to me maintaining the property with pride, ensuring it remains clean, attractive, and respectful of the neighbors' homes.

We believe responsibility, we believe responsible home ownership and thoughtful property care strengthens a community and encourages investments and help revitalize areas that deserve attention and opportunity.

This project is not about structure only, it's about creating stability, supporting growth, and being part of the continued development of the community.

We want to contribute to the neighborhood and people feel people will feel proud to live there where families can thrive and where progress is visible to create care and responsibility and unity.

We appreciate your consideration.

So this property is um property that we purchased and paid cash for.

Well, my son did actually, and so we're supporting him, and we purchased the manufactured home, and he paid cash for that as well.

So yes, he for went college, but he decided to do a mobile um a mobile uh detailing unit and stay here, and he wanted to start buying his properties.

So we went to somewhat of uh underdeveloped area to try to help develop that on both sides to the left.

There's two empty lots, and on the corner, there's a house.

We're not sure if anyone lives in it, but I went to five houses in the community to see if they would have a problem with us putting a manufactured unit there.

And the five people said no, they would have a problem with it.

But I spoke to a gentleman through the door and he was elderly.

So I'm not sure what his answer was, but I did try to go through the community to find out if there would be a problem.

So we got the property cleaned off, and we're just waiting for an approval from you guys to finish it.

And you said sorry, can you clarify?

They were all okay with that?

Uh there were five people, but it was one gentleman.

There was actually six, but the one gentleman was across the street, and he kind of was through the window, but I couldn't tell.

He just said yeah, but I don't know if he understood what I was saying.

Yeah or not.

And the others were okay with that.

That was okay.

Then the neighbors were yes, great.

Yeah, and I appreciate that you did.

Uh you went to talk to the neighbors.

So let me ask you how old is this small one?

It's uh eight or nine years.

Eight or nine years old.

Is it single wire double way?

This is single wire.

Single wire, yes.

And I just yeah.

Oh, sorry.

I knew this might have been your next question because we always ask this.

I see that it's going to be put on a foundation.

Yes.

And so a lot of times, you know, we're talking about um a manufactured home, but it's going to once you put it there and place it there, it will look like it's yes, it's in the community.

Okay, great.

Well, it'll look better in the case.

Yeah, sure.

Have you noticed any of the mobile homes around?

Not in that area.

Not in that area.

That needs to be.

Some of them look like they might know, but you can't really tell.

But you said a lot of empty lots.

So I can see that.

Yeah.

My only question, um, I think in the application it says the mobile home was built in 2020, and then on the proposed plot plan, it says year 2015.

And so just wanted to understand that.

I do think it was in 2015.

I'm not sure because we spoke with this is the home, but we spoke with the um person we bought it from, and one she told us twenty two thousand twenty, then the other one told us twenty fifteen.

But it looks brand new, so I'm not sure.

Um, until we get the title and everything to it.

We did pay cash for it.

We won't know exactly when it was built, but it's in between 2015 and 2020.

But this is this is it though.

This is it.

Okay, thank you.

I'm sorry.

No worries.

Any more questions to that, yeah?

No questions.

Okay, you may have to see.

Thank you.

Thank you.

So on case BOE 24042, do we have anyone that would like to speak on this case?

Yeah, you gotta go that way.

Okay, you know, right here, I already opened it.

It's okay.

It's gonna be like a text message, okay.

Okay, so I said if I can't interpret.

Alright, please provide your name and I'm trying to.

Say your name.

Okay, uh my name's Harry Heichel.

I got two houses on that street.

Address the address.

Yes, 2827, right next door.

Okay, 42nd.

Then I got one at 2845.

Okay.

I don't want a trailer house next door to me.

Okay.

Several years ago, a lady at 2819 is 45th street, tried to put a trailer house in and they turned it down.

Okay.

Uh, I'm gonna get back on this.

But also at 2819, Jay Hayes, Jay Howe with code enforcement just made a nice.

Some people parked the RV and trying to live in it on the code enforcement.

Just made it move.

Also back to this property.

With exception, I don't know how long these people own the property, but for years, it's like a damn jungle.

It's mowed now.

It's just been molding four days, you know, last four or five days.

I'm worried about property values.

Okay.

If I want to sell my house, that can cause me problems.

This is a small neighborhood.

It's Lakeview Housing Edition.

I've been out there for 30 years.

Okay.

We only have one trailer house out there right now, and it's a banded.

It's at it's on the 39th Street.

She has pictures of it.

We just took a picture.

Would you like to see the pictures of the gonna show you pictures?

And then let's stay focused on these one.

No, they're not interested.

Oh no, they're not interested in the picture.

Okay.

Two other property owners that's against us, couldn't come.

One's a Catholic charity, so working.

The other one worked for the school system.

This lady lives.

I live directly behind the property.

Behind this property.

Yes.

But he needs me to hear.

Okay.

Yeah, no, that's fair for you.

I'm dead.

I'm dead.

It's okay.

I told them.

And so anyway, I'm worried about property values.

I'm worried about the maintenance.

I'm worried about if I want to sell my house.

Also, listen, uh folks, two and two or three blocks north.

One block west.

There is a Vester right now building six duplexes.

200,000 apiece, I'm sure.

I'm for that.

I'm I'm I don't want no we drawn a little trail or we don't we don't turn this neighborhood into uh RV park or trailer park.

And uh you basically would like to keep the neighborhood as is and let it keep growing.

Yeah.

Turley's just a m a mile north.

You get on that side of 56th Street, you put trailer houses, camping tents, anything else you want.

So you're out of the city limits.

But this is a uh a neighborhood that's been making some improvements.

We're on the west side of Mohawk Park.

That's why it's called Lake View.

Uh anyway, I'm just just reminding you.

Y'all turned it down in the past.

That thing don't look good beside me and beside behind her.

All right.

Basically, okay, thank you.

Sit down.

Thank you.

Thank you.

So please forward your name and I'm not sure.

Sorry, so my name is Kimberly Sanders, like I said.

I live directly behind the property.

Nobody hasn't told me.

I saw the note and saw from him that they would be putting this manufactured home there.

Our concerns is that we'd like the neighborhood to stay kind of as it is, but actually grow with houses and not have mobile homes there.

There's tons of houses going out for market.

Hopefully, maybe they could invest in something like that and get that city built up in that little neighborhood.

Um, but this has been a neighborhood area since he's been little and he liked to grow.

Um also the concern of parking.

There's tons of parking.

You know, he liked a driveway.

If there's gonna be one, we'd like a driveway, but hopefully there won't be a mobile home park.

And that's basically all I have to say.

All right, thank you.

Okay, anyone else I would like to speak again.

Yeah, my name is Vijay Malabarpu.

Uh 6426 South Richmond Avenue.

Um, and I've got several houses in the neighborhood.

Um, and Harry's one that actually makes them pretty nice, and I try to make mine pretty nice.

And uh so I do have some concerns.

There is um there is actually one other trailer house in the neighborhood that was put there without approval, and it just kind of sat there.

It is completely dilapidated, needs to be torn down and drug out.

In fact, you can't even you can barely see it because the grasses and the weeds are actually that that high.

And that's some of the things we have in the neighborhood so far as lots go.

Sometimes they get high, and and and the one in question right now was pretty high, and and uh and I don't know who cut it.

I thought the city had cut it.

So, um and you know, down to my concerns I did actually uh write a letter which I gave to her earlier.

Um so if it goes up in the file.

I wrote it hurriedly.

Um so anyway, so my main concern I'm I'm formerly objecting to to the variants or exception, special uh exception.

Um basically because this is a residential neighborhood, not a trailer park.

Okay, it was designed that way.

Um there is actually a um homeowners association person for that neighborhood, and she could not be here today.

She's a Catholic charity's working, and she's the registered person uh for that, and uh she told me she hadn't heard anything about this as well as then uh we got the notice kind of late.

I tried to call her to come, but she couldn't come.

Um, so you know, it's incompatible with surrounding residential development.

It doesn't fit the the look of the neighborhood.

I saw the picture up there of the trailer house.

It doesn't look anything like any of the other houses in the neighborhood at all.

And uh I didn't want I didn't also did not want to get into like spot zoning because this this only makes it better for one person in the whole neighborhood and not the rest.

Okay, so I didn't want to just favor one person over the the rest of the community there, um, and I also I didn't want to set a precedent for this happening again and again.

I really don't want to take you know turn this into a trailer park.

Really don't want that.

I've seen trailer parks before and I know what goes on in trailer parks, and um I just I just don't want right right now we do have some issues in the neighborhood with too many people parking and trying to maintain vehicles in the in their driveway and in the yard, and uh I don't want like a a detailed outfit starting up in the street and in the yard either.

And that seems to happen quite often.

People have started whole garages and shops and motorcycle shops in their neighborhood, and just the whole streets trashed out.

And I've had to call and call and call, and it takes quite a while to get those things cleaned up, and I didn't want to have any kind of repeats of that.

Um I think it's also um I don't know if this is a zone, I guess it is a zoning issue is that exception to zoning issue.

So I think it's in conflict with how the the comprehensive plan for that neighborhood also.

Um and it's gonna impact property value.

I mean, it just will.

You put a trailer house into you know, other houses that are brick and mortar houses, you know, it it lowers the property value.

And the construction of these houses isn't near the same quality of construction as a real a real brick and mortar house on a foundation.

I guarantee they're gonna put it on a foundation, but still the walls are different, the roof is different.

Even when you go to replace things inside like the toilets and the fixtures and all that, you can't get them from the regular store.

You have to go and buy it from the section that says for the trailer houses.

So it's not the same quality.

I've seen some of those, I've helped some people with some of those, and it's just not the same quality.

So I'm worried about maintenance and sustainability of it in the long term.

Um I'm I'm wanting to say I'm quite a bit younger than Harry, so I expect to be there for another 20 or 30 years.

Um, and that's kind of what I'll have had for that.

So in uh summaries, just incompatible land uh incompatible use, neighborhood character impact, spot zoning concerns, precedence setting, conflicts for the comprehensive plan, and property values, you know, okay.

That's really all I got.

Any questions for me?

I know I know in the past, I mean we have approved some manufacturing home, but because of the age of construction, but you are in disagreement that the typo construction means no steady as a regular home, uh, the quality of construction is also no as a regular home.

Have you noticed any other?

I mean, how many mobile homes?

I mean, do you think there's a there's only one other one in that neighborhood, and it is it's got to be it's got to be removed.

It's completely dilapidated.

You can barely see it.

The grass is so high, we have to call it in and get it mowed down because it becomes a uh a snake and rat infested area.

We have to call uh on the vacant lots to get them to get it to mow down.

It takes quite a while after you call, it takes two or three weeks before they come into anything with anything, and then by the time it gets done, so I don't like like the vacant lots to your point.

Um, but uh there are a lot of these uh affordable affordable housing that are being built.

They're usually take two lots, and they're building some really cute duplexes and stuff in there that that really they really look great.

They look like a house, like it's supposed to, those are coming up, and I don't mind those at all.

Those look great.

That is actually improving my property value.

Okay, and improving, and when when you improve the the look of the neighborhood, that allows me to attract better renters and better people into the neighborhood, right?

So I mean, there was a I had a house across the street that where there were trees growing from the inside to the outside.

I used to go over there and cut their yard and paint the house just so I could rent my house.

Okay.

So when you get trailers in there, it's harder to rent because people bring that up.

They'll bring up vacant lots, I'll bring up dilapidated houses, they'll bring up trailer so I know what it takes to rent houses in there and keep good people in there for the long haul because I want them to stay a long time.

Sorry, that's just it.

So and I deal with a real I mean I've I've got I do own quite a substantial amount of housing.

And uh I try to be a good landlord and keep them maintained and I just hate seeing the devaluate my property in there and and then making everything harder to rent and harder to rent, just the neighborhood starts going further down.

So, okay, thank you.

Thank you.

All right.

Anyone else I would like to speak on this case?

BOA 2404.

Now you can come up and answer some of those questions.

Thank you again for giving us the opportunity to speak.

Again, my name is Janet Kennedy, and um I listen to what um some of the community members.

I I don't they don't live in the community, so I'm assuming they rent the properties there.

Um this particular mobile or manufactured home is not like a trailer trailer home.

We don't deal with that type of uh a unit.

This unit I feel will also enhance the neighborhood.

Like I said, there's a lot of decrepit neighbor uh how do I say that not to take anything away from the homes that they have, but none of the how houses will even be to the magnitude of this mobile home that would be going into that particular property, and we chose that so that we could start developing.

There's two lots next to the property to the left that we want to purchase, not put a manufactured home on, but s do some other building and do some other things to develop that particular area.

Um, do you plan to put in um a driveway or put in landscaping around the home and we do and a fence?

The there is a driveway that's already there, but it had grown up.

Like I said, we had started putting money into the property, trying to move the trees, cut the grass.

My sons had stuff done to the property, but we didn't want to get here and say, Okay, well, no, you can't do it, and we put all this money into it, like going ahead and putting the padding, the gradient, everything.

Sure.

So we the goal is not to make the property value go down.

If we move next to any one of those houses there, it's gonna make the property go up as a manufactured home.

I haven't seen the trailer that's on the street, but there's a difference between the trailer and a manufacturer home.

Yeah, I don't have any further questions.

And we don't plan to rent it out, we don't plan to leave it vacant.

We maintain our things very well.

We have five different properties, not in that neighborhood, but throughout the city, and we maintain across the yes, we maintain our things very well.

And how long have you owned the property?

When did you buy it?

Uh probably about five months ago.

Okay.

And so the improvements um that have happened on the parcel that's um you taking uh responsibility for you absolutely.

Put a home on it before you came here even.

Yes, and we pay clash for the property and cash for the mobile home.

It's just been sitting because we missed the deadline in March.

When do you buy that mobile?

When did when do you purchase a mobile?

Uh it's been about five months ago.

I must do four or five months ago.

And the same time.

We didn't want to do it negatively, so we wanted to go through proper processes because we realize in some of these areas, people just put their homes there.

They don't go through the proper channels, and doesn't matter how we operate.

And our our our main focus is like she was saying earlier is to get closer to the mic.

We have any focuses to make the make the area look better.

You know what I mean?

Um not going there and say, well, you know, mine is better than yours or uh you know, we just we we're just trying to make it look better.

Tulsa, period, you know.

It's kind of you know, ran down and we wanna we need to start building our communities up.

Any more questions?

Alright.

Thank you.

Thank you.

All right.

So now let's move on to discussion.

No, no, we don't.

We don't.

We're now in discussion, so.

Um I don't mind starting.

Um a few things just that came to mind as as people are speaking.

Um each case is unique, so um, I'm not sure what was asked for in this neighborhood before that was denied, but uh that's not what we're considering today.

Um I do think that um a manufactured home is uh it can be very different.

But I think that everybody has an idea of what that might mean and in their head maybe, but in my mind that's just a different type of construction, and um if it's being put on a foundation, that can look just as nice um as um uh brick and mortar put in place, you know, on on the property next to it.

Um I do think that and I think that any type of home can be dilapidated and not look great.

I think and and you know, just as a manufactured home can look very nice.

So I'm not that does not um none of those things kind of enter into my mind.

And then I do think that overall I have looked extensively at the neighborhood and up and down the streets, and I do not think that this would be out of place in that neighborhood.

Um I dig disagree with that, and I do think it will be a positive addition to um what has been an overgrown lot.

Um I just want to add that we we desperately need housing in the city and um commend you for for taking that on and um trying to add to the stock that we have.

Okay, we still have uh I think she covered it.

I don't really have anything to add on that.

Mrs.

Williams?

Nothing to add.

Ms.

Dumas.

Um yeah, nothing to add.

Okay.

What about restrictions?

Time.

Um, yeah, I guess I mean this this kind of special section goes forever.

Um, for some reason that's move out and then somebody brings in 1970s, 1980s mole.

Yeah, I don't have thoughts on that only because I'm comfortable seeing the photo of it and um knowing the age of it, I was okay with it as is.

Um, I think if if the concern is about like an older unit being moved in instead of the one that's being shown, you could add the condition that it be manufactured 2015 or later or whatever the year is that you're comfortable with.

Okay, um, just as a condition and a approval, yeah, because it'll be tied to the exhibit, right?

And the exhibit says on foundation right there.

So I mean it I don't think we need to add conditional approval of the foundation since it's part of the exhibit.

Yeah, I agree.

Um I think there definitely are cases where use conditions are necessary, um, or even maybe like time uh limits uh if you will, or time conditions.

Um, but I think the exhibit on 4.11 uh says all of the things that we are in support of that it is on foundation, that there is a driveway, that there is um a sidewalk, and so there is a plan for how this um manufactured home will sit on the property, um you know, adhering to the setbacks, um and so to me, having this proposed plot plan that's uh 4.11 is enough for uh me to uh move forward.

Okay, my concern is uh let's say like 30 years from now.

They remove the mobile.

Um this sketch say uh 2015, so you bring another old mobile.

30 years for now for now.

So you can always put something like 30 years later, you can put something that's really old.

It doesn't meet the standards to the state.

So like we're manufactured within 20 years or within the past 20 years.

Well, even 10 years, I mean the those type of constructions, I mean they change a law even 20 years, I mean you you have a total different type of construction than 10 years, so it wouldn't preclude let's say if it was a 10-year uh restriction, it wouldn't, well, I guess we're past 10 years.

But like let's say it's within the within the, yeah.

Yeah, so like if it's 15, it doesn't mean that in 2030 that this applicant would have to come back and get a continued approval, it would be only if this applicant decided to remove this home.

So they have to bring something that is within 15 years of construction.

Okay.

If that makes sense.

Can I get clarification clarification with the city if that's how you see it?

I'm trying to make sense of it in my head, or how it could be stated.

Um, I like I understand the goal is to make sure that in 30 years we're not dropping another one that was made in 2015 on the lot.

Um but I I'm kind of of the opinion that like between other maintenance standards and requirements that would have to be demonstrated at the time a new one would be permitted, that I don't have as much concern about that.

Um but I yeah, in terms of getting the approval to slide with the years in the future, um that makes it difficult.

I I worry about implications if this one remains and is in good shape, and then it's all of a sudden outside of that window, that there might be an objection later that this one no longer meets the approval that was granted, and I don't think that's the intent of the board.

Um, that's that's my fear about putting, and I think you asked that in that way.

Like I don't want someone to come back and like demand that they remove their home from the property in 15 years if it's still if they're upkeeping it and it's nice and they're maintaining it.

Um I don't I don't believe that to be fair, so maybe a another potential condition could be for them for the manufactured home proposed and new approval would be required for any new unit or replacement unit in the future.

Um so you're tying it to this one that was shown today, and if somebody tries to replace it in the future, they'd have to come back and get a new exception.

That works.

Yeah, that works for me.

Okay.

Um I can take a stab at this.

Okay, um, Mr.

Chair and Board of Adjustment Case.

Sorry.

24042.

Um I moved to approve a special exception to permit a manufactured housing unit in the RS3 district per the conceptual plan shown on page 4.11 of the agenda packet, subject to the following condition that if an entirely new unit is going to be put on the property, they would have to come back for another special exception.

Or whatever Audrey tells me to say.

No.

How about say a different?

A different.

New.

Correct.

Yes.

A different unit.

Manufactured housing unit.

Were to be put on the property, it would require a new special.

Special exception for that unit.

Yes.

Okay.

Thank you.

The board finds 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.

Do we have a motion?

Do we have a second?

Second.

We've got a motion we've got to say.

Oh, Ms.

Dumas.

Yes.

Mr.

Hill.

Yes.

Ms.

Williams.

Yes.

Yes.

And I'm also going to say yes.

This application has spring approved.

All right.

So now let's move on to agenda item number five.

And I'm gonna say that Miss Williams has to leave.

So it's gonna leave us to four of us.

So in order for your case to be approved, you need to have three yeses.

So I can ask you that if you need a continuous, I mean you might come up to a request a continuous because I know also that Mrs.

Doom is leaving at 3 30.

Okay, so now let's move on to agenda item number five.

BOA two four zero four three location is seven eight eighty two East King Street North.

Applicant James Taylor is requesting a variance to increase the allowable floor area of a detached accessory building in the RS3 district.

Yes, my name's James Taylor.

My address is seven eight eight two East King Street.

My hardship is I'm hindered by an undersized lot, my home property with limited space.

I need an auxiliary building that will measure 42 by 30 and will need to be built five feet from the fence line.

My property is long gated, so it's a difficulty in following the zoning codes.

And square feet allowance of 500 square feet creates a hardship for me as my building to be to hold my supplies and sewing machines.

I have three sewing machines.

I'm retiring and must have more space in my yard to store my materials.

Due to the layout of the home property, the request variance is necessary for my auxiliary building.

My home has no garage, the surrounding properties have garages.

Due to the size of the property lot, I am not able to adhere to the zoning codes to include fence line zones.

My building will be built five feet from the fence line instead of twenty feet from the fence line.

The auxiliary building must be twelve sixty square feet to provide me the space needed for my storage needs.

My materials for my upholstery, my sewing machines.

I have three.

Anything that will jeopardize public safety of the neighborhood as items will be in will include sewing machine materials, upholstery tools.

There will be no cars, no traffic issue with this building.

The auxiliary building will not hold hazardous materials or toxic chemicals that would harm the neighbors or loud noise problems as everything is inside the building.

My neighbors will not even know I'm there.

Questions?

Your plan is to remove that one.

I have I had one built in two thousand two and my neighbor behind me.

I didn't have a permit and she made she uh got the city on me and I had to go through variance court and they made me tear half of it down.

So it's two thousand two.

I basically have a five hundred square foot building back there.

And that's but this this building will be built closer to the house.

It's like five feet from the house.

And I don't want to put a patio there.

And is the building that's already there staying?

Or are you tearing that down?

No, it's it's there.

It's got it's basically a storage unit.

And are you attaching this building to that building?

Yes.

So you're expanding that building.

Yes.

I have a I have a drawing.

We had that one.

What's the size of your house square footage wise?

Uh I think it's a thousand fifty square feet.

This may be through the CD is the calculation from 500 to 1380s uh including the existing building as a um I believe it does because I think that was noted in the original permit comments.

Let me verify, but.

See, they actually gave me a permit for this in 2011.

But I didn't get it built because my my girlfriend got sick.

She passed away.

So you had a permit for this plan, this designed plan?

Yes, did it have the approved variants at that time?

Yeah, they approved it.

2011.

Couldn't we?

Can you hand that um I'd like to see the hand that to her?

You were denied a variance.

I'm assuming it was you to increase the floor area of the 'cause I didn't get a permit and the neighbor behind me was arguing with my neighbor next to me, and she basically was, you know, mad at him and she took it out on me.

Is there a way to zoom out?

That's real blurry.

I believe the permit notes indicate this was approved as an addition.

Or just.

Okay, so this was not an accessory.

When this was submitted for permit, was it shown as an an addition to the home?

Uh no.

Only only restriction he gave me was I had to have two thousand square feet of grass, which I have that.

The way that it reads, it looks like that it was an addition to the home, which you could do by right, correct?

I mean I mean to a certain degree.

Same as we ran into two weeks ago.

Yeah.

I mean you still have your open space requirements, but right, and that's what he's saying.

Like they still were requiring so much open space, but so for a variance, um on our side, those require a hardship.

Um what I'm kind of understanding from from your description, your hardship is that you need more space in that zoning code.

I'm retiring, I need place to put all my stuff.

I can teach my grandkids upholstery.

Okay.

So I think now we're just kind of uh like waiting for the city to review that permit.

Yeah.

And that I don't understand what's going on.

I'll be honest.

Yeah, it's it's not all adding up to me.

But we're not using that.

Yeah, it's not adding up, so the questions.

How tall is that building that you're proposing?

It's the same size as the other one.

It's 14 feet.

About 14 feet.

It's about as tall as a house.

I wish I had more clarity to provide you all I um I mean I in looking at this, there's a lot of references to an addition.

I mean, yeah, and I'm not at all saying that's not how it was presented, but without having the plans to look at as to what was actually permitted under this, I I'm not 100% sure what was presented at the time.

Um he told me the only restriction he has was the grass was the open space.

Yeah.

Um my only thought was maybe there was some miscommunication between the board denying a variance and a permit getting issued for something that didn't actually receive approval, potentially leading to you said you built it and then it was half of it had to be torn down.

That one.

Yeah.

I asked my builder when he when he built it if I needed to get a permit, and he said he builds a mental all the time.

He don't need he never had a permit, so I told him to build it.

But that was two thousand two.

And then this was for you were trying to come back and do what we're trying to do today in 2011.

Yes.

And you're saying you got it approved and you had a permit.

Maybe not approved here.

You didn't have to have a variance on that time.

You didn't have to have a variance at that time.

So it looks like it was thought to be an addition and you got the permit, but you never built it.

And so now we're back here talking about a variance for my girlfriend, what you think is the same thing.

But we're unclear.

Uh I think we can't really consider that as part of this today.

We just need to consider what's in front of us because it's not clear what the the site plan was for that.

So, um, but it it did provide some interesting context, right?

Yeah, I just I thought you'd just renew it.

I know, right?

If it were just that.

Darn it.

So um, okay.

So we're looking at this new structure.

Um have you talked to your neighbors?

Yeah, both of my neighbors on each side of me.

On either side of you.

Okay.

And we've got a letter here.

I don't know if you're aware, we've got a letter here um from I guess the neighbor behind you.

And so um we've all taken a look at that.

Um I guess I don't what I guess what is can you re- if you've already stated it, I apologize, but can you restate your hardship, maybe something unique to the property of why you need this size of building in this spot and not just for more because I don't have a place to put my stuff when I retire.

Yeah.

And I'm needing a building to put it in.

I don't want to rent a storage.

Sure.

Then it's just gonna sit there.

So I'm I'm trying to get somewhere where I can come home and maybe use the equipment and teach my grandkids.

Yeah.

Some upholstery skills.

Because that's what it is, it's a poster.

Okay.

And I'm inside the building, so there's no no uh noise or anything like that, no hazard in the scarlet.

Yeah.

No further questions.

Yeah, thank you.

All right, so case B0824043.

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

See, no, well, we have a letter.

From Amber Asiara.

So let's go through this letter real quick, so I touch your photos.

Okay.

This person is against the having this new building.

Because of the size of the structure.

That the applicant is proposing.

All right.

Seeing no, let's move on to discussion.

So far, I'm seeing um while the other permit from 2011 is still in my understanding, like outstanding and somewhat unclear.

I think if only looking at the application here in front of us, and hearing from the applicant, I don't think there's a hardship that meets the criteria that is in our um wheelhouse, essentially, and the desire for more space to store more stuff.

Um I don't think is really where I'd be able to draw a clear line to a hardship in the criteria that we have in front of us.

Yeah, I see this one as very similar to the one we saw two weeks ago.

Um I mean there's a again away, and this applicant wasn't here two weeks ago.

But if you did this building attached to the house, then that, you know, kind of similar to that one with the three bar or whatnot, uh, that was infilling it, then that's allowable.

But for the variance that we have in front of us, um, I mean, that is just disproportionate to the size of the house that actually aggregate would be larger than the square footage of the house.

And I mean, a hardship cannot be the zoning code.

Um the zoning code is not a hardship, so um, yeah, I I can't get behind this.

Ms.

Staffel.

Yeah.

Um the hardship can't be self-imposed.

Um I understand the desire for more space.

And I would like you to teach more people to do upholstery because it's very hard to find someone to do that.

Um, but um, but yeah, I just I don't think it's there.

We just have such a limited um we have a limited number of things we can do before us, and so not having a hardship really um is one of the things the uh the hardship is one of the things that we really need, and so an eight hundred and eighty additional square feet.

So that's that's exactly that's how much relief you're asking for, and that's that's just that's getting close to the size of the the house.

So we have our our zoning code has those um things for a reason, and I don't see uh a reason to grant relief today.

Okay, do we have a motion?

Well before we go on a motion.

I mean, I would encourage you to um I mean look at doing this as an addition.

I know that would probably be a different structure, but if you do this as an addition to the house, I think you can get the square footage you want.

We just have to be the best, yes.

At that point, it is not an accessory building.

So I mean I would I would venture or I would say you should look in that avenue and see what that gets you.

Uh I think you would not be in front of us with the variance in that case.

No, sure.

I'll make a motion.

Uh Mr.

Chair and Board of Adjustment 24043.

I move to deny a variance to increase the overall the allowable floor area of detached accessory building in the RS3 district from 500 square feet to 13 to 80 square feet.

Uh the board finds a hardship to be not sufficient.

Second.

Okay, we got a motion.

We got a second.

Ms.

Stalphon.

Uh yes.

Ms.

Dumas.

Yes.

Mr.

Hale.

Yes.

Also, gonna say yes.

Unfortunately, the application has been denied.

Let's move on to agenda item number six.

BOA 24044.

Got it right over there.

Yep.

BOA 24044.

Locations 115 East 34th Street, South.

Applicant Gregory Helms is requesting a special exception to permit a car port in the street setback and street yard in the RS3 district.

Good afternoon, Greg Helms 424 East Main Street and Jinx.

The architect for Mr.

Howard Wolf, the property owner.

He's looking to construct a new attached carport on the southeast corner of his existing residence.

The current driveway is located on the southwest corner of the house, but in order to keep um the existing mature tree, we're looking at moving the carport and the driveway both to the southeast corner, and then the existing driveway would be removed once the new core carport and driveway are constructed.

The existing building setback along 34th Street is 30 feet from the property line.

The proposed carport would encroach into the setback approximately 10 foot and one inch.

The proposed carport would meet the size and height requirements of 20 by 20 max area, eight foot maximum perimeter height, eighteen foot maximum reach height, and it would align with the east edge of the existing residence.

Approximately eight foot five inches from the east property line.

Several houses within the same block of 34th Street have existing carports with similar setbacks and approaches.

Based on upon aerial measurements, the proposed carport would set no closer to 34th Street than any of the existing carports.

And we believe that we meet the requirements established in section 90.09-C.1 for approval of the requested special exception.

Okay, so have you talked to the neighbors?

I have not.

Have you, Mr.

Wolfe?

Um Howard Wolf 115, East 34th Street.

Yes, I've spoken to the neighbors.

I haven't had any objections.

Okay, no, no issues.

How many carports do you see you provided some pictures of neighbors?

Carports.

So one how many carports?

I think there's four between uh I'm between Riverside and Peoria.

I think there's four.

Yeah, all the way through.

Just on this street a little bit.

I was gonna say that's just on that street.

There's a ton in this neighborhood.

Yeah, they were all originally like really tiny one-car garages that can't even be.

And then and then everybody converted the into interior space and garage went away and any more questions to the applicants?

No questions.

Thank you.

Thank you.

Yeah, you may have a seat.

All right.

So BOA 24044.

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

See, no, let's move on to the discussion.

This one's pretty simple stuff to me.

Um, very familiar with this neighborhood.

And uh this probably isn't true, but it feels like if there's more car ports than not, it there's there's just a lot.

There are a lot of them, and they're all really um, for the I mean, from what I can recall, very well done and match the house just like this one looks too.

I don't think there are more, but there are quite a few more.

No, but it feels it feels like there's a lot more.

Especially when you start looking for them.

There's a lot.

Um, yeah, no, I appreciate that the actual design of it, you know, kind of accentuates uh the house matches um because car ports can be done very terribly.

Um, you know, by these things, uh, off the shelf ones.

Um, I got yeah, those submit on one.

Okay.

Yeah.

Alright, do we have a motion?

Uh Mr.

Chair and Board of Adjustment Case 24044.

I move to approve a special exception to permit a carport and street setback and street yard in the RS3 district per the conceptual plan shown on pages six point one one through six point one seven of the agenda packet.

The board finds 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 have a motion.

Okay, do we have a cycle?

Second.

Yes.

Mr.

Hill.

Yes.

Stop.

Yes.

Also when I say yes, this application has been approved.

Right, let's move on to agenda item number seven.

BOA 24045.

BOA two four zero four five located at 2202 South Madison Avenue.

Applicant Kevin Kirby is requesting a variance to allow detached accessory building to exceed one story or 18 feet in height and to exceed 10 feet in height to the top of the top plate in the rear setback in the RS2 district.

Hi, my name is Kevin Kirby.

My address is sixteen thirty-six South Evanston Avenue.

I'm the representative of my client, the Wilkett's who live at this property.

Our hardship is that our site is so sloped that the back end that faces our property line is five to six feet taller than our uh east end where we pull into the garage.

So we're trying to get a new structure to look like the original 1919 garage that's there and the height that it is on the property line.

And that's what we're doing with this new carport that sits on top of this existing three-car garage.

And um the I entered the project a little late.

Uh apparently five, six years ago, they had a very tall version on top of this garage that was approved.

And of course, it's now uh gone past its time.

So we've reduced the scale of it and we're providing this now to me, more in keeping with the architecture of the original house.

And I have spoken with a neighbor directly to our west who will look at this.

They're also my client.

Um they're obviously really happy.

So you're building this on top of the existing.

Right.

So the in this drawing that you see here, this three-car garage, that is existing.

The only thing that we're putting on is that pavilion on top and this adjacent wall on the left-hand side of this project uh as a gate to go in, so we can keep the dogs in.

Can you repeat again what you say about the topography?

That is like five.

So if you swing around, you see this side we can drive in, but you can see how the topography on the right hand side is starting to slope up towards the side.

The back side or the west side, which is well one more down.

You start you're this far out of the ground on that side, which we're more in keeping with the style of the adjacent garage that was there in the original construction, and that's what we're trying to match the height to in this drawing you see here.

But it's just the way this property line is.

We're so close to it, and it's five to six feet taller than the adjacent than the opposite side where the garage door comes in.

So it's deceptive that it's two stories because it's really one story on the property line or story and a half.

I won't take any more of your time if unless you have additional questions for me.

Could you say what is the height of the primary structure?

The primary structure, it's thirty, I believe, tall.

And it's adjacent and it's you know across the is that the uh like the grayed out uh structure on the right of this.

Yeah, so the blue yes.

And if you have a couple minutes, I will tell you how tall it is, but I have the drawings from the original set still.

So I can find that out for you.

But I believe it's under 30.

Sorry about that.

Yeah, it's 31 feet, and then the chimneys make it 30 four.

We're hoping it enhances the neighborhood and obviously keeps with the spirit of the original house and of course enhances property value as it should match exactly to the original.

Design of the house.

We're in fact we're even having flaster molds made of all of the brackets that we have.

Any more questions?

No question.

Thank you.

Sure.

Alright, in case VOA 24045, do we have anyone that would like to speak on this case?

See?

No.

Let's move on to the discussion.

I mean, the topography is is pretty complicated with this one.

Um so I can certainly understand that and then it was previously approved pretty much without that we don't have the exhibits for the design of it, but height-wise, pretty much exactly the same in 2014 by the board of adjustment.

So I mean it feels appropriate to me.

Yes, I don't have any issues either.

What do you what do you think about the heart shape?

Topography.

Yeah.

That's what I was thinking as well.

Anything, Mr.

Dumas?

Uh no, the topography um for me uh is the unique uh characteristic of the site that is not self-imposed.

Okay.

All right, so do we have a motion?

Mr.

Chair and Board of Adjustment uh case 24045.

I move to approve a variance to increase the allowable height for a detached assessment dwelling um accessory building, pardon me, from 18 feet to 24.6 feet and in the allowable height to the top of the top plate from 10 feet to 17 feet in the rear setback in the RS2 district uh per the conceptual plans.

Shown on pages 7.1 through 7.15 of the agenda packet, the board finds the hardship to be the topography of the parcel.

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

A that the physical surroundings shape or topographical conditions of the subject property will 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 the literal enforcement of the subject zoning code provisions is not necessary to achieve the provisions intended purpose.

C that the conditions leading to the need of the requested variance 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 uh or unnecessary hardship was not created or self-imposed by the current property owner.

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

F that the variance be granted 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 the zoning code or the comprehensive plan.

Can we have a motion?

Do we have a cycle?

Second.

We got a motion, we got a cycle.

Yes.

Mr.

Hill.

Yes.

Mr.

Stumas.

Yes.

Also, when I'll say yes, this application has been approved.

Thank you.

Okay, let's move on to agenda item number eight.

Okay.

BOE 24046.

BOA 24046.

Location is 4416 South Columbia Avenue.

Applicant Mark Galbrith is requesting a special exception to increase the maximum allowable driveway width in the RS1 district.

Hi, Mark Mark Galbraith, 3717 South Exanthus.

I'm here on behalf of Ryan and Sarah Barry, the owners that are present.

We did an addition on their residence.

They sit on about an acre on Columbia there.

And when we put the garage on the front, we which is requiring the third approach.

So we're asking for an exception from 27 feet to a total of 35 across three approaches.

And then we've got two more at 13 each.

So I don't have a hardship.

I guess I don't need one.

Yeah, you're lucky.

Yeah.

Congratulations.

I'm glad I don't.

I'm glad we do it here.

We're glad you don't have to have one also.

Um happy to answer any questions.

We we really did try to squeeze it down and meet the required 27.

It's just too tight.

They lived with smaller approaches, and it's I don't know if you pulled into an older driveway with a the nine foot is already a little too small.

I would have liked to have widened that, but we kind of had to pick our battle and try to limit what we were asking for today.

How are you here from the neighbors?

Okay.

Ryan Barry, 4416.

Yes, I've talked to all the neighbors.

And honestly, we would have done away with the right drive, but we have a two-car garage underneath the house, and I wanted to maintain access to that garage.

So we actually have a four-car garage, not a two car garage.

And then I no problems with the neighbors.

Any other questions?

No questions.

All right.

Thank you.

All right.

In case BOE 24046, do we have anyone that would like to speak on this case?

See no.

Let's move on to discussion.

It's a large property.

This seems like the minimum minimum relief.

One acre lot.

Yeah.

And yeah.

I've seen smaller lots ask for a lot more concrete.

So after the fact, after they've already built it.

Yeah, after they've already poured it, usually.

Do we have a motion?

Oh.

Yeah, I'm happy to make a motion.

One second.

Um, Sir Chair and Board of Adjustment Case 24046.

I move to approve a special exception, increase the maximum allowable driveway width in the RS1 district from 30 feet to 41 feet nine inches in the street setback and from 27 feet to 35 feet in the right-of-way.

Per the conceptual plans shown on pages.13.

Now let me get back to my wording.

Um 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 have a motion.

Do we have a second?

Second.

Yeah, we've got a motion, we got a second.

Mr.

Hell.

Yes.

Doomas.

Yes.

Stoffle.

Yes.

Also gonna say yes.

This application has being approved.

All right.

Let's move on to agenda item number nine, BOE 24047.

BOA two four zero four seven.

Location is eight six two five South Houston Avenue West.

Applicant Luke and Dia Sherman are requesting a special exception to increase the maximum allowable driveway width in the RS1 district.

Good afternoon, Chairman and the board.

Thank you for allowing me to be here.

Um we're asking for a special exception.

I'm Luke Sherman, and the special exception will be in harmony with the spirit and the intent of the zoning code, and I'll just read very short and quick.

This is a very small variance in subsequent request for special exception was created with the positioning of the front house.

We have roughly a square lot that's 0.7, I think it's 0.75.

And with the build of the house, what we ended up doing was the front door and the foyer have an extended glass area.

So what we did was to minimize the direct effect and exposure of the sun directly on that side.

We slightly canted the house to split South Houston and 86th Street.

So as you come into the neighborhood, you receive the front of our house versus the side of the house, plus the fact of the sun hitting in that area, so we didn't have to put additional special glass to deal with the sun.

The adjacent stairway from the foyer also has extended glass, and the positioning of the residents at the angle of that southwestern tends to align with the property's harmonic value with the spirit of the intent of the zoning codes.

Uh the developer likes it.

There's only other two other individuals in the neighborhood, Mr.

Tripp and Dr.

Lance.

I've talked to both, and they're both completely fine with it.

What happened was by tilting the house that way, we slightly compressed the left front side of the house toward the street.

It's a three-car garage.

Thus, the the reason for me being here is we're reducing the amount of foot with the width of the driveway getting closer to the street.

The second part, the special exception will not be injurious to the neighborhood and otherwise detrimental to the public welfare.

My wife would not like this, but uh it does allow her to be able to have access into that driveway without reducing the driveway to a three-car.

So it's a three-car coming out, reducing, and then coming out onto 86th Street.

She has the ability to pull in more effectively, so departures and arrivals are not going to affect or impede the flow on 86th Street as well.

And with that, again, I wrote here I've personally spoken with the two active homeowners in the neighborhood that are there and built already, and they're both fine with it.

I have three additional builds.

I'm retired law enforcement from Tulsa.

Um, so I'm sort of nosy like that.

The three other builders in there are I think north of 8,000 square feet, and have significantly larger driveways than the one that I'll have.

So with that, uh, I'll I'll leave it for questions.

Do you know roughly what the size of the lot is on this one?

I'm uh I could give you 0.7, a little over 0.7 acres, um, and it's uh it faces Houston as also my front facing sides are Houston and East 86th Street South, Nathan.

There's a there's mention in here about the private street.

Um can you clarify that just a little bit?

Uh so our code has width restrictions on driveways both in the right of way and in the street setback.

In a private street subdivision, there is no public right-of-way.

So that first piece does not apply.

We are only regulating the width in the street setback.

Okay.

I would say um, as that tilt of that driveway happens, I compressed on the the southwest side, the front side or the northeast side is extended further away just because it's at the angle of how that house is set up.

Would they, Nathan?

Would they typically have been allowed two drives, one on each street?

And that's yeah.

Yeah, they could have as long as the aggregate didn't exceed the amount in the street setback that they are allowed.

Uh so it would have been a combination.

It would have to be like 15 feet on either side to get to the allowable.

I will also mention the plan we have here has a 51 foot dimension that the builder provided to show the flare of the kind of the radius of the driveway.

We don't factor that in.

So the 42 feet is the ultimate width that needs approval.

And that's what much relief is that 12 feet right?

Yeah, 12 feet.

I don't have any more questions.

No more questions.

Okay.

Thank you.

Okay.

Okay, SBOE 24047.

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

Seeing no, let's move on to discussion.

Large lot on the corner, it doesn't seem out of character for the house or the neighborhood to me.

Yeah.

Yeah.

And the tilting um of the orientation like makes sense uh with that approach.

All right.

Do we have promotion?

I can do it.

Mr.

Chair, and Board of Adjustment 24047.

I move to approve a special exception to increase the maximum allowable driveway with width in the RS1 district from 30 feet to 42 feet in the street setback for the conceptual plan shown on pages 9.12 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 the public welfare.

We have a motion.

Do we have a second?

Second.

We got a motion, we got a second, yes.

Yes.

Yes.

And I also want to say yes to this updatation has been approved.

All right, let's move on to agenda item number 10.

Okay.

BOE 24048.

That one we continued at the beginning of the meeting.

Yes.

We're on to 11.

Yes, it's a day after memorial we're going to go to.

Okay, let's move on to the last item of the agenda, which is BOA24049.

BOA 24049 location is 1422 South Denver Avenue.

Applicant Joel Collins is requesting a variance to increase the maximum allowable floor area ratio in the OM District.

Hi, my name is Joel Collins, 2626 South Truest Avenue, Tulsa.

Um I think the first thing I'd like to say is is number one, I know this isn't the hardship part, but number one, um, this is a project where we're my owner, the owner, which I'm the representative of, is just really, really doing a lot of projects where we're trying to create more housing, more affordable housing, more options, just like I know that we want.

This is an infill overlay.

Um so number one, not a part of the hardship.

We are striving to do something very nice in that neighborhood that matches the neighborhood.

There's lots of multi-family there right now, other than a quick trip, pawn shop, things like that, but it's mostly multi-family.

And we're right on the corner of 14th in Denver, so that's the the portion that we're talking about.

So I'll leave that alone unless you want more questions about how well we're trying to adapt and create something that is no hardship on the the neighborhood but actually an improvement, or just an addition to um I'm gonna kind of say two.

I'm gonna I'm gonna do a B hard ship and an A hardship.

So I know that I'm I'm very familiar with this, been doing this quite some time, and I know that zoning does not a reason for hardship, but in a case where we do have an infill overlay, and we have people that have bought properties based on that, and all of a sudden they get down the road a little bit, they bought the property, and all of a sudden they go, oh wait, now no longer we can do multi-family because our square footage requirements don't work.

So I'm just gonna call that kind of our our B hardship, you know, that I I feel like I understand that zoning is not the reason for a hardship, but in this case it was kind of a it's kind of a mix up, you know, where you have to like you want that infill overlay, you want to go with what's going on in the neighborhood, but you can't because of a zoning that's that's overruling the I.O.

infill.

But a hardship, if you look at this one, we're on a really small point one five acre lot right at the 14th in Denver, and then we also have an alley.

So our hardship in this case is a very, very small lot where we're just trying to come back and do something that's appropriate for the area.

And I don't have much more than that other than I I have the owner with me and then also somebody that lives in the neighborhood that do you have an elevation view of what we see did you guys not get one yeah I don't see one in the packet we have a site planet you got that the floor plan to just one second because it would be my IMF sorry I thought there was elevations and everything included so one of the other things we did you know not only code wise just to get the garage doors back off of 14th street but we kind of came back and pushed them even further back into so that it feels more open so that you're not just faced with a garage door or a fence or anything like that that it actually has an open feeling if you look at the floor plan the garage doors way back from the street in the curb.

The other thing I didn't mention in the very beginning as part of the what we're trying to fit in the neighborhood is we're still you know even on this lot all the things around us are you know very full the lots are very full and we're we're 10 feet we're we're the we're the sidewalk plus ten feet on Denver we're almost eighteen feet plus ten feet off of 14th and we are the alley plus ten feet so on those three sides where we are in the community we're still 10 feet so we're not any further than anything else in that that zone so let's circle back to that hardship.

You acknowledge zoning can't be the hardship is your B hardship like let's let's dig into the other one a little bit more and that was well no B was the NIO overlay and the current with the OM actually overruling the NIO yeah so then the that was B.

The the main hardship that I would have to you know that I know you guys need is the fact that we just have this three sided lot you know it's 0.15 acres you know four four properties to the north of us is a point one six acre lot with I don't know how many units are there but it's you know it's a big multifamily brick thing that's been there forever and but you know we we just want to do something like that.

We're not we're not asking for near that we're just wanting to do like that.

But we can't because of that OM question okay thank you.

Okay, case BOA 24049.

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

Senior.

Hi everyone.

My name is Kyle Green.

South Denver.

It's also a duplex.

Also on five other properties around the uh talked about unit right now.

So we would love to have more multifamily.

One of them we own a fourplex is each unit is on.22.

Uh also uh the unit I live in is on.25.

It also is a corner lot and it has a certain restraints.

But it's a lot of homeless in the area.

Uh the home.

Speaking of house that was torn down, so we could accommodate, you know, uh and uh kill some of the nuisance in the area with homeless.

So bringing more residential to the area as much as possible would be great for that right outside of downtown.

So just my take.

Thank you.

Thank you.

Right.

Do we have anyone else that would like to speak on case BOE 24049?

Seeing them, Mr.

Collins, if you'd like to say anything else.

Okay, not much of a question.

All right, so don't forget your phone though.

Okay, so let's forget your telephone.

So let's move on to this question.

Well, you're asking for double what's allowed.

That's a bit much for me personally.

Yeah, I mean, yes, on paper, those numbers, but the practical application of this, like when I'm just thinking about about this lot and density and why this requirement is.

This is a very unique neighborhood.

Um with a lot of things going on.

And so while I don't think this would be appropriate on the edge of just any neighborhood, it actually doesn't feel out of character here to me.

Um but I agree with you that doubling the uh on paper, the number looks like a lot.

But this to me doesn't feel out of character for this neighborhood.

Uh Nathan is the the lot size typical for the area.25.15.

I think the lot size is typical for the area.

Um I do think there's there's very limited OM zoning in the city of Tulsa, and it's you know, I find that application to be a little unusual in this in this area, but that is really the reason for this this issue is that as the applicant mentioned the NIO does not remove the lot and building rules from the non-residential districts, so that floor area ratio is is retained.

I think the more common application of OM would probably be larger sites, and obviously that number scales with the size of the property that you're on.

Um so it is a little bit of a unique application of OM, but I think it's been there for a long time.

So but everything directly south is CS and it has exactly the same FAR, doesn't it?

So that's correct.

I mean, I think what's in front of us, OMCS doesn't really matter.

Um I think the like an interesting example would be like if this were RM2 like some of the other multifamily that was referred to.

There's no floor area ratio, but rather there is a use allowance, which this would be an allowable use.

There's a 100 square foot of open space per unit required, which would probably be met here, and then there's a 35 foot height maximum, which I'm not sure what the overall height of these structures were, but it's a little bit different of an application if you're actually building something like this in residential districts versus OM, which anticipates more office uses.

But again, that's I mean that's the nature of the property.

It's it's been OM.

So then the hardship can't be the size of the lot, doesn't sound like because that's pretty typical across the.

I mean if you look at the layout of the ones to the north, those are roughly about the same size.

And it can't really be face two sides of streets because you wouldn't even be able to pull this off on one of those interior lots.

You're getting the advantage of 14th Street to get your driveways here.

So that doesn't really specifically work.

I mean, I was thinking that the originally that the lot was unique, being that it's got frontage on two sides plus the alley on the other side.

Um I guess I guess the street does push it back a little.

That was my original thinking.

Yeah, and I'm you know not saying that a zoning ordinance is a hardship, but I think what I'm trying to uh grapple with is the spirit and intent of the NIO.

Um is uh the OM is OM designation for that particular parcel is in opposition to the NIO's intent and purpose.

Um so that's where I remain open to uh being flexible on this one.

Yeah.

And again, if the neighborhood makeup wasn't such that I mean this fits within it.

There would be some, you know, this could be a different property and this particular type wouldn't fit there, but I I don't think that's the case here.

I like what you said about the house shapes, so I will support that one.

About the uniqueness of the lot with frontage on two sides and alley on the third.

I'll give it a shot.

Okay.

See if we get three votes.

Okay.

I'm gonna fumble through it, so help me through it.

Okay.

Um Mr.

Chair and Board of Justin Case 24049.

I move to approve a variance to increase the maximum allowable floor area ratio in the OM district from point five to one point zero one per the conceptual plan shown on page 11.11 and um shown additional um items shown in the meeting today.

The board finds the hardship to be the uniqueness of the lot with frontage on two sides and an alley on the third.

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

A that physical 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 this 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 that 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 permanently impair use or development of adjacent property, and G that the variance to be granted will not cause substantial judgment to the public good or impair the purposes, spirit, and intent of this zoning code or the comprehensive plan.

Okay, we got a motion.

Do we have a cycle?

Second.

Yes.

Also, when I'll say yes, your application has been approved.

All right, that's gonna put us through the last of the agenda.

Any additional comments?

I just want to say thank you for waiting through that whole meeting for your case.

Yeah.

We're just glad we made it.

And within five minutes of losing a voting board member.

Yeah.

And you and you needed her to stay too to get through.

That's right.

Yeah.

You needed that vote.