Wednesday, August 21, 2013

The City of Nichols Hills

Minutes of the Board of Adjustments Meeting

August 21, 2013

 

Original Agenda Filed in the Office of the Municipal Clerk at 4 PM on the 16th day of August, 2013.

 

 

Robert Slater, Chairman                                              Edward Clements

Tom Flesher                                                                John Covington

Julie Hall                                                                     David Poole, City Manager

John Michael Williams, City Attorney                          Kristi Hort, City Clerk, Fin Director

 

 

1.      Call to Order.

 

Chairman Slater called the meeting to order at 5:30 p.m.

 

2.      Roll Call.

 

Acknowledgment was made that Chairman Slater, Members Clements, Flesher and Covington were present.  Ms. Hall was absent. 

 

3.      Minutes.

 

a.      June 19, 2013

 

Motion to APPROVE the minutes as modified was moved by Flesher, seconded by Clements. 

AYES: Covington, Flesher, Slater and Clements

NAYS: None

 

 

Prior to hearing the following public hearings, Staff provided documentation to the Board of Adjustment members of the recent passage of the Corner Lot Building Setback Requirement Plan of the City of Nichols Hills.  Said ordinance (#994) with an emergency section was passed on August 13, 2013 by Nichols Hills City Council.  Ordinance 994 was published in The Journal Record on Thursday, August 15, 2013.  This ordinance affects two variance requests to be considered during this meeting. Most corner lots within the city limits have been documented in the Corner Lot Building Setback Requirement Plan.

 

Therefore, the variance requests for the properties have changed.  Mr. Kelly Hurley, Building Inspector provided an update to board members of the new variance request.

 

 

 

4.      PUBLIC HEARING Case No. BOA 2013-04:   Discussion, consideration and possible action on Case BOA 2013-04, for which the owners of 6601 NW Grand have requested a variance to add onto their home.  This will be in violation of the side setback by (25) twenty-five.  The side setback is platted corner setback of (50) fifty feet.

 

Update:  This address is included in the Corner Lot Building Setback Requirement Plan, however the variance request did not change.

 

 

David Giasson spoke to board members detailing the reasons for this request.  Followed by discussion among board members, the public hearing was opened.  Ms. Jennifer Puckett presented questions regarding the Board of Adjustment process, laws, conducts, etc.  Mr. John Michael Williams addressed each question.  Having no one express a desire to be heard, the public hearing was closed.

 

 

APPROVED:  Flesher Moved that application number 2013-04 be approved in accordance with submitted application as presented at this meeting because:

                           I.         The application of the ordinance to this particular piece of property would create an unnecessary hardship:

                         II.         Such conditions are peculiar to this particular piece of property;

                        III.         The granting of this variance will not cause substantial detriment to the public good, or impair the purposes and intent of the ordinance or the comprehensive plan; and

The variance is the minimum necessary to alleviate the unnecessary hardship. Seconded by Clements.

AYES: Covington, Flesher, Slater and Clements

NAYS: None

 

5.      PUBLIC HEARING Case No. BOA 2013-05:  Discussion, consideration and possible action on Case BOA 2013-05, for which the owners of 2001 Huntington have requested a variance to build a new single story home.  This will be in violation of the side setback by (5) five feet and the rear setback by (20) twenty feet.  This will also be in violation of the FAR (floor area ratio) by 8.3% over the allowable FAR of 60% (total 68.30%) and the BLC (building lot coverage) by 18.20% over the allowable BLC of 65% (total 83.20%).

 

Update: 2001 Huntington variance request was revised to a violation of the FAR by 2%, BLC by 11.5% over the maximum and 20 foot rear setback.

 

Mr. Scott Spradling spoke to board members on behalf of the property owners. Following the discussion among board members, the public hearing was opened.  Board Members acknowledged receipt of note of support of this variance from Mr. John Shawver.  Ms. Karen Raupe-Hanstein and Dr. Sanger spoke in support of this request.  Having no one express a desire to be heard, the public hearing was closed.

 

 

APPROVED:  Clements Moved that application number 2013-05 be approved in accordance with submitted application as presented at this meeting because:

                              I.            The application of the ordinance to this particular piece of property would create an unnecessary hardship:

                            II.            Such conditions are peculiar to this particular piece of property;

                           III.            The granting of this variance will not cause substantial detriment to the public good, or impair the purposes and intent of the ordinance or the comprehensive plan; and

The variance is the minimum necessary to alleviate the unnecessary hardship. Seconded by Covington.

AYES: Covington, Flesher, Slater and Clements

NAYS: None

 

 

6.      PUBLIC HEARING Case No. BOA 2013-06:  Discussion, consideration and possible action on Case BOA 2013-06, for which the owners of 1422 Glenbrook have requested a variance to add onto the current home.  This will be in violation of the following: side setback by (5) five feet; the FAR (floor area ratio) by 574 feet; and the BLC (building lot coverage) by 546 feet.

 

Update:  1422 Glenbrook variance request was revised to a violation of the FAR by 388 square feet.

 

Mr. Randy Hill spoke to board members on behalf of the property owners, followed by board member discussion. The public hearing was opened, having no one express a desire to be heard, the public hearing was closed.

 

 

APPROVED:  Covington Moved that application number 2013-06 be approved in accordance with submitted application as presented at this meeting because:

                              I.            The application of the ordinance to this particular piece of property would create an unnecessary hardship:

                            II.            Such conditions are peculiar to this particular piece of property;

                           III.            The granting of this variance will not cause substantial detriment to the public good, or impair the purposes and intent of the ordinance or the comprehensive plan; and

The variance is the minimum necessary to alleviate the unnecessary hardship. Seconded by Flesher.

AYES: Covington, Flesher and Slater

NAYS: Clements

 

 

7.      Adjournment.   There being no further business, Chairman Slater adjourned the meeting

 

 

 

 

Robert Slater                           

Chairman or Vice-Chairman

 

 

 

 

Kristi Hort                           David Poole                          

Kristi Hort, City Clerk         David Poole, City Manager

*

City of Nichols Hills, Oklahoma - © 2017 - All Rights Reserved | Site by Project A