Board of Adjustment

The City of OKLAHOMA CITY BOARD OF ADJUSTMENT AGENDA 1:30 PM/July 20, 2023 200 N. Walker Avenue, 3rd Floor, Council Chamber Mike Voorhees, Chairman Kitti Asberry Don Noble Roberto Seda Marcus Ude It is the policy of the City to ensure that communications with participants and members of the public with disabilities are as effective as communications with others. Anyone with a disability who requires an accommodation, a modification of policies or procedures, or an auxiliary aid or service in order to participate in this meeting should contact the Planning Department at 405­297­2289 as soon as possible but not later than 48 hours (not including weekends or holidays) before the scheduled meeting. The Planning Department will give primary consideration to the choice of auxiliary aid or service requested by the individual with disability. If you need an alternate format of the agenda or any information provided at said meeting, please call the Planning Department number listed above 48 hours prior to the scheduled meeting. INFORMATION ABOUT BOARD OF ADJUSTMENT MEETINGS The Board of Adjustment meets on the first and third Thursdays of each month at 1:30 pm in the Council Chamber, Third Floor, Municipal Building, 200 North Walker Avenue. A schedule of meetings is available in the Planning Departments. Free parking is available at the Sheridan​/Walker Parking Garage (501 West Sheridan). Parking tickets must be validated in the Mayor's/City Manager's reception area. PUBLIC HEARING ITEMS The Oklahoma City Municipal Code charges the Board of Adjustment with the authority to hear several different types of requests which are as follows: Special Exception. This request permits consideration of a specific land use as enumerated in the Zoning Code after a review and approval by the Board and after meeting all required conditions. Variance. In any specific case where the literal enforcement of the Zoning Code regulations would cause an unnecessary or unusual hardship, upon application, the Board may vary or modify that regulation. the individual with disability. If you need an alternate format of the agenda or any information provided at said meeting, please call the Planning Department number listed above 48 hours prior to the scheduled meeting. INFORMATION ABOUT BOARD OF ADJUSTMENT MEETINGS The Board of Adjustment meets on the first and third Thursdays of each month at 1:30 pm in the Council Chamber, Third Floor, Municipal Building, 200 North Walker Avenue. A schedule of meetings is available in the Planning Departments. Free parking is available at the Sheridan​/Walker Parking Garage (501 West Sheridan). Parking tickets must be validated in the Mayor's/City Manager's reception area. PUBLIC HEARING ITEMS The Oklahoma City Municipal Code charges the Board of Adjustment with the authority to hear several different types of requests which are as follows: Special Exception. This request permits consideration of a specific land use as enumerated in the Zoning Code after a review and approval by the Board and after meeting all required conditions. Variance. In any specific case where the literal enforcement of the Zoning Code regulations would cause an unnecessary or unusual hardship, upon application, the Board may vary or modify that regulation. Appeal from the decision of the Director. The Director, or his/her designee, is responsible for the enforcement of the development regulation of the Zoning Code. Any decision of the Director may be appealed to the Board by persons affected by the decision. ADDRESSING THE BOARD OF ADJUSTMENT The applicant will be requested to present their case first. Following the applicant's presentation, the public will be called upon to present testimony, for or against, the stated request. Each person who speaks should first state their name and address. Each person shall be given the opportunity to present their case once, as succinctly as possible. All parties should limit their remarks to five (5) minutes. Large groups who want to address the Board should choose one spokesperson. After protestant's remarks, the applicant will be entitled to one brief rebuttal. Citizens may address the Board on certain items by signing up to speak and providing the agenda item number and reason for appearing, but all comments must be relevant to the item. The Chairman or presiding officer may in his or her discretion prohibit a person from addressing the Board, or have any person removed from the Council Chamber, if that person commits any disorderly or disruptive behavior, which includes without limitation any of the following: speaking without being recognized by the Chairman or presiding officer; continuing to speak after notice that the speaker’s allotted time has expired; presenting comments or material not relevant to the item under discussion; failing to comply with the lawful instructions of the Chairman or presiding officer; engaging in other conduct, activity or speech that delays, disrupts or interferes with the effective or timely conduct of the meeting, or is otherwise violent, threatening, abusive or obscene or jeopardizing the safety of self or others. A person may also be subject to arrest and removal from the Municipal Building if he or she violates Oklahoma City Municipal Code 2020, § 30­81 – Disorderly conduct and/or violation of Oklahoma Statute Title 21, §280­ Willfully Disturbing, Interfering With or Disrupting State Business, Agency Operations or Employees. BOARD ACTION Official action can only be taken on items which appear on the agenda. After the case has been fully presented, the Board will vote to approve, approve conditionally, defer or deny the request. The Board may also adopt, ratify, recommend, strike, amend or continue any agenda item. When more information is needed to act on an item, the Board may refer a matter to assigned staff, or to the assigned Assistant Municipal Counselor. The Board may also refer items to standing committees of the Board, or in the case of an appeal, remand a matter to a board or commission for additional study. Under certain circumstances, items may be deferred to a specific later date or stricken from the agenda entirely. A concurring vote of three members is required to approve, approve conditionally, defer, deny, adopt, ratify, recommend, strike, amend or continue any agenda item. If the request is approved, you may seek a building permit, if applicable, to use the property in accordance with the Board's approved action. If denied, you may: (1) Appeal the decision of the Board to the District Court of Oklahoma County (any person or persons, jointly or severally, or any taxpayer, or any officer, department, board or bureau of the municipality may appeal any decision of the Board to District Court of Oklahoma County pursuant to the requirements set forth in Section 59­ 4250.10.F of the Oklahoma City Municipal Code, 2020), or (2) Re­apply after a minimum of six months, providing the request is different, or the physical facts in the area have changed. If an appeal is filed with the District Court of Oklahoma County, the Board may enter into a settlement of the case. Should the Board of Adjustment's decision regarding an application be appealed to the District Court, all interested and affected persons that were originally notified and persons who made an official appearance before the Board will be notified by regular mail to inform them of the appeal. For more information about the Board of Adjustment, call 405­297­2289. Oklahoma City Board of Adjustment of the appeal. For more information about the Board of Adjustment, call 405­297­2289. Oklahoma City Board of Adjustment July 20, 2023 COUNCIL CHAMBER (1:30 PM) 200 North Walker Avenue ­ Third Floor Oklahoma City, Oklahoma 73102 I. CALL TO ORDER II. RECEIVE THE MINUTES OF THE MEETING A. Receive the minutes of the June 15, 2023, meeting. III. CONTINUANCE REQUESTS / WITHDRAWALS A. Requests by Staff or Applicants IV.B.14 15397 WITHDRAWN IV.B.15 15387 WITHDRAWN IV.B.16 15081 WITHDRAWN B. Requests by Public IV. PUBLIC HEARINGS A. Consent Docket B. Items Requiring Separate Vote 1. Case No. 15420: Renewal Application for Special Exception of Laney Pierce to allow a mobile home to serve as a temporary second dwelling to relieve a medical hardship in the AA Agricultural District, located at 11900 Southeast 44th Street. 2. Case No. 15361: Request of Johnson and Associates on behalf of The Hub at Midtown, LLC, for a variance to sign regulations and off­street loading requirements the DTD­1 Downtown Transitional District and SPUD­1248 Simplified Planned Unit Development District, located at 120 Northwest 12th Street and 101 Northwest 13th Street. Ward 6. 3. Case No. 15370: Request of Grubbs Consulting, LLC on behalf of HPR Investment Company, LLC, for a variance to parking and maneuvering, and signage in public right­of­way, in the C­3 Community Commercial District, located at 5101 North May Avenue. Ward 2. 4. Case No. 15415: Request of John Rienke on behalf of Ty Phillips for a variance to side and rear yard setback regulations in the R­1 Single Family Residential District, located at 3400 North Western Avenue. Ward 2.  signage in public right­of­way, in the C­3 Community Commercial District, located at 5101 North May Avenue. Ward 2. 4. Case No. 15415: Request of John Rienke on behalf of Ty Phillips for a variance to side and rear yard setback regulations in the R­1 Single Family Residential District, located at 3400 North Western Avenue. Ward 2. 5. Case No. 15417: Request of Adam Holder for a variance to accessory building regulations in the PUD­1573 Planned Unit Development District, located at 10400 Northeast 144th Street. Ward 7. 6. Case No. 15419: Request of Williams, Box, Forshee & Bullard P.C., on behalf of Sanjay Hapani, for a variance to front yard setback regulations in the R­1 Single Family Residential District, located at 14504 St. Maurice Drive. Ward 8. 7. Case No. 15421: Request of Barrett Hartman, for a variance to Primary Access Regulations and minimum lot width requirements in the RA­2 Single Family Two­Acre Rural Residential District, located at 11525 South Harrah Road. Ward 4. 8. Case No. 15416: Renewal Application for a Special Exception of Kyle & Kathryn McCoy, to allow Lodging Accommodations: Home Sharing (short term rental) in the PUD­1611 Planned Unit Development District and SRODD Scenic River Overlay Design District located at 1920 Runway Boulevard. Ward 6. 9. Case No. 15413: Application for a Special Exception of Clinton B. Whited, to allow Lodging Accommodations: Home Sharing (short term rental) in the PUD­472 Planned Unit Development District located at 8128 Azurewood Drive. Ward 4. 10. Case No. 15418: Application for a Special Exception of Shorty’s Place Property Management, LLC, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­1 Single Family Residential District located at 10704 Sunset Boulevard. Ward 7. 11. Case No. 15259: Application for Special Exception of Benjamin Sherman, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­1 Single Family Residential District located at 1440 Northwest 97th Street. Ward 7. 12. Case No. 15263: Application for Special Exception of Benjamin Sherman, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­1 Single Family Residential District located at 1436 Northwest 97th Street. Ward 7. 13. Case No. 15391: Application for a Special Exception of James Huynh, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­1 Single Family Residential District located at 7429 Northwest 107th Street. Ward 1. 14. WITHDRAWN Case No. 15397: Request of Drew Cunningham on behalf of Diamond Trail OKC, LLC, for a variance to maximum height regulations in the R­4 General Residential and R­1 Single Family Residential District, located at 4396 Northwest 36th Street. Ward 2.  Ward 1. 14. WITHDRAWN Case No. 15397: Request of Drew Cunningham on behalf of Diamond Trail OKC, LLC, for a variance to maximum height regulations in the R­4 General Residential and R­1 Single Family Residential District, located at 4396 Northwest 36th Street. Ward 2. 15. WITHDRAWN Case No. 15387: Renewal Application for Special Exception of Gina Buendia, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­2 Medium Low Density Residential District, HL Historic Landmark Overlay and Jefferson Park Urban Conservation District located at 324 Northwest 26th Street. Ward 2. 16. WITHDRAWN Case No. 15081: Request of Pat Salame, on behalf of Strawberry Fields, LLC, for an Appeal from Administrative Decision DTCA­21­00073, for a Certificate of Approval to paint the east façade in the DBD Downtown Business District located at 512 Southwest 3rd Street. V. ADDITIONAL ITEMS A. Additional Item VI. COMMUNICATIONS AND REPORTS A. Board Committees B. Board Members C. Municipal Counselor VII. CITIZENS TO BE HEARD VIII. OTHER BUSINESS A. Other Business IX. ADJOURNMENT