Board of Adjustment

The City of OKLAHOMA CITY BOARD OF ADJUSTMENT AGENDA 1:30 PM/November 02, 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. 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. 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. 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 November 02, 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 October 19, 2023, meeting. III. CONTINUANCE REQUESTS / WITHDRAWALS A. Requests by Staff or Applicants IV.B.12 15476 Defer to December 7, 2023 B. Requests by Public IV. PUBLIC HEARINGS A. Consent Docket B. Items Requiring Separate Vote 1. Case No. 15483: Request of Eric Brill for a variance to minimum lot width requirements in the R­1 Single Family Residential District, located at 13440 Northeast 50th Street. Ward 7. 2. Case No. 15475: An Application of Special Exception of Richard Ayling on behalf of Don Jack Properties, LLC., to allow Lodging Accommodations: Home Sharing (short term rental) in the R­1 Single Family Residential District, located at 5501 North Roff Avenue. Ward 2. 3. Case No. 15438: An Application for Special Exception of Alyssa Dyer on behalf of Sonal Patel to allow Lodging Accommodations: Home Sharing (short term rental) in the R­1 Single Family Residential District, located at 11404 Shroyer Drive. Ward 5. 4. Case No. 15477: A Renewal Application of Special Exception of Tanet Mullin on behalf of Grace Land Investments, LLC., to allow Lodging Accommodations: Home Sharing (short term rental) in the R­2 Medium Low­Density Residential District, located at 2517 Patti Place. Ward 7 5. Case No. 15484: A Renewal Application of Special Exception of William G. and Jennifer S. Smith, to allow Lodging Accommodations: Home Sharing  Accommodations: Home Sharing (short term rental) in the R­2 Medium Low­Density Residential District, located at 2517 Patti Place. Ward 7 5. Case No. 15484: A Renewal Application of Special Exception of William G. and Jennifer S. Smith, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­1 Single Family Residential District, located at 1220 Northwest 40th Street. Ward 2. 6. Case No. 15479: An Application of Special Exception of Curran Fudge on behalf of 39P, LLC., to allow Lodging Accommodations: Home Sharing (short term rental) in the R­4 General Residential District, located at 3915 North Pennsylvania Avenue, #5A. Ward 2. 7. Case No. 15480: An Application of Special Exception of Curran Fudge, on behalf of 39P LLC., to allow Lodging Accommodations: Home Sharing (short term rental) in the R­4 General Residential District, located at 3919 North Pennsylvania Avenue, #7B. Ward 2. 8. Case No. 15481: An Application of Special Exception of Curran Fudge on behalf of 39P, LLC., to allow Lodging Accommodations: Home Sharing (short term rental) in the R­4 General Residential District, located at 3919 North Pennsylvania Avenue, #9B. Ward 2. 9. Case No. 15482: An Application of Special Exception of Eric and Kristen Mahlstedt, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­3 Medium Density Residential District, located at 1220 Northwest 12th Street. Ward 6. 10. Case No. 15478: An Application of Special Exception of Kiu Thu, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­1 Single Family Residential District, located at 3605 Treadwell Drive. Ward 2. 11. Case No. 15470: An Application of Special Exception of Tin Bui and Thanh Vinh Thu and Tiffany Thu, to allow Lodging Accommodations: Home Sharing (short term rental) in the R­1 Single Family Residential District, located at 2601 Northwest 58th Place. Ward 2. 12. CONTINUED TO 12­7­23 Case No. 15476: Request of Shannon M. Blevins Trust, for a variance to platted front yard setback in the R­1 Single Family Residential District, located at 2800 Somerset Place. Ward 2. V. ADDITIONAL ITEMS A. Receive and approve the 2024 Meeting Schedule of the Board of Adjustment. VI. COMMUNICATIONS AND REPORTS A. Board Committees B. Board Members C. Municipal Counselor VII. CITIZENS TO BE HEARD  C. Municipal Counselor VII. CITIZENS TO BE HEARD VIII. OTHER BUSINESS A. Other Business IX. ADJOURNMENT