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Okay, everyone, we are ready to start meeting number 1390, city of Tulsa Board of Adjustment. And as a reminder, we are a volunteer board. And before we get started, I'd like to pass the mic over to Nathan for some brief comments. 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

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parties. The applicant will be given time to present the case. The board will then

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hear from interested parties or Protestants and each party will be given time to speak.

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Please do not repeat comments of previous speakers. After the board is heard

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from Protestants or interested parties, the applicant may be allowed time for a rebuttal.

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If you wish to speak and support our opposition to a case, please make sure you sign in

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before speaking there's a sign and sheet up at the front desk. Exhibits given

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to the board will be kept and made a part of the permanent record. During the hearing, the board

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Board may ask questions of the applicant or interested parties at any time.

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Staff reports for each application are available as PDFs on the Board of Adjustment webpage

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at TulsaPlanning.org.

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

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

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for your records.

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This documentation will need to be submitted to the Permit Center as a revision to your

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current permit application, or included with your submittal for a new permit application.

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

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same manner.

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

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comments into the microphone.

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A video of these proceedings is being recorded for future airing on TGA of Channel 24 cable

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TV.

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At this time, please silence any electronic devices, and if there are no questions, Madam Chair.

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Okay.

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We are ready to get started.

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I am not normally the chair of this meeting, so a little grace from the audience, and we

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We will fumble our way through this, but we will get through this.

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So agenda item number one, minutes from meeting 1389, August 25th, 2026.

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Madam Chair, I make a motion to approve the minutes for a meeting 1389 from August 25th, 2026.

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Second.

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We have a motion, we have a second.

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All in favor, do you miss?

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I abstain.

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Miss Williams?

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Yes.

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Mr. Hale?

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Yes.

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I also say yes, motion passes.

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Agenda item number two, Board of Adjustment Case 24087.

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BOA 24087, located at 2547 South College Avenue East.

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Applicant Megan Fitch is requesting a special exception to increase the maximum allowable

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driveway with in the RS2 district.

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Great, is the applicant present.

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All right, we'll come to the mic.

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We have a recording system, so you'll say your name and your address before we begin.

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and then you can tell us a little bit about your case.

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Megan Fitch, 24, 2547 South College Avenue, sorry we moved recently.

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I'm James Fincher, husband.

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Wonderful.

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So do we just kind of repeat what's in the application and what we're trying to do?

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Briefly.

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Yes, please.

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Okay.

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So basically we have a driveway.

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I want to report a lot there.

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with driveway that's already existed towards the back and the front side of the house.

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There's no driveway we're requesting permission to put a small circle drive there and we have

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plenty of comparables in the neighborhood that demonstrate where that similar scenario

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with the circle drive and the side drive have been there.

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So it does exceed that initial limit of overall size but the lot's sizeable enough that it

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doesn't obstruct any kind of right-of-pack, right-of-way or anything like that.

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Another thing to consider is our house is kind of on a hill.

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And so the driveway that enters from 26th, we enter in the back of our house.

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So anytime we're bringing in groceries or anything, we have to park in the back, climb up the stairs.

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So it would be nice to have a circle drive in the front to be able to.

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For groceries as well as like our neighbors across the street have college kiddos or no high school.

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But they park in the street a lot, totally fine get it.

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But that if we have any guests, there's literally one lane singular.

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So it helped for guests as well.

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So it's practical and that neighbor, along with another neighbor,

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have actually advocated for this driveway to be put in place because they feel

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like it's, it's always congested with so many cars along the street there.

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Any questions from our board?

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I have a little map that I made by myself that I extended all the exit.

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I provided access to where all the circle drives.

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Regent, exceeding the thing are near us. I don't know if you want to see it, or if you just want to. Yeah, if you can hit it to Aaron right here. So

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one of the intent of from my understanding on the zoning code for reducing or limiting the curb sizes so that there's not a lot of paving in the front yard. Would you be opposed if we were if we were to approve it with the condition, would you be opposed to.

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You're putting the condition on it that you have to install landscaping kind of similar to your number 11 and number 4 that you've submitted.

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It's actually part of the process.

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The house to be frank in the front means a little love when we bought it.

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And so this is the first step because you can't really do landscaping until you do the driveway.

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So it's all part of beautifying the yard.

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We purchased a home April May and that was our intent to first get the driveway and that's that we're putting quite a bit of an investment to completely beautify the front of the house.

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So you're not opposed to that condition?

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No, we are not opposed to that condition.

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Okay.

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Because I mean it just helps kind of screen from the street view.

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Sure.

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Okay.

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Any other questions?

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I think maybe piggybacking on what Mr. Hale was saying, is this the general landscaping plan that you were thinking about?

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No, that doesn't demonstrate the landscaping. That's just the layout of the property.

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But the front of the house, which is on the left side there, will have new sod put in.

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And all of the sides of the house and the front there will have new shrubs and new plants.

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The trees are right too, very good for more than two, but we three in the front side of the house are very

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pealing. We want to keep those.

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Okay.

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Thank you.

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Is that it from us?

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You may be seated.

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Thank you.

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Do we have any interested parties?

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Okay, with that, we'll move to discussion.

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I appreciate that they already done a lot of the work to see how it fits in the neighborhood.

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And so like how that's laid out in the map that the applicant just added, but also in our exhibit 2.11.

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Yeah, I mean there's quite a few examples of this already in that neighborhood kind of looked around.

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I'm fine with this with that condition that I've talked about with the landscape.

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Wonderful. Anyone feel strong enough to make a motion?

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Madam Chair and Board of Adjustment, case 24087, I move to approve a special exception to increase the maximum driver width in the RS-2 district from 27 feet to 38 feet in the right of way, for the conceptual plan shown on page 2.13 of the agenda packet, subject to the following conditions that the island created by the drive will be landscaped with trees and at least a minimum of one tree.

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second. Oh, I got finished that out. The board finds out that they were

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requests a special exception will be in harmony with the spirit and in the code

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and will not be in juries to the neighborhood or otherwise detrimental to the

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public welfare.

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Okay, we have a motion to wave a second. Second. Wonderful. Miss

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Williams. Yes. Mr. Hale. Yes. Miss Dumas. Yes. I also vote yes. Motion passes.

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Moving on to agenda item number three board of judgment case two four zero eight

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888.

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B-O-A-24088, located at 1241-5 East 18th Place South, applicant William Beatles is requesting

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a special exception to permit a carport in the street yard and street setback in the RS-3

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district.

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Okay, is the applicant present?

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Yes.

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Wonderful.

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Come on up to the mic.

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Give us your name, address, and tell us a little bit about your case.

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I'm William Beatles at 1241-5 East 18th Place, and I'm just winning a carport.

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My vehicle's a little, I have a one car garage, but it's small, so it won't fit in there's a, so I just want to

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Carport out front there, so I'll protect the from the hail and bad weather in the winter.

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Now I know several other neighbors have car ports in the neighborhood, so

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Wonderful. Have you spoken with any of your neighbors about this? Yes

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I

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And when I'm had, you got the letters, the letters sent out and when I'm replied, then

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I told the other ones, but a lot of them are Spanish and do not understand English.

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So, but no negative feedback.

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No, negative feedback.

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Any other questions?

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Good over here. Okay, pretty straightforward. Thank you so much, sir. Do we have any interested parties? Protestants? Okay, with that, we'll move into discussion.

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Not all at once now. No

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questions

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over here. I think there's an addition to the letter of support. There's also

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So plenty of documented or it's been demonstrated that there are other

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carports in the area and it wouldn't attract from, you know, the purpose and intent

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of the zoning code to maintain the character of the neighborhood.

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Great. Ms. Williams?

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I feel the same way.

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Great. Mr. Hale.

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Oh, no comment.

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No comment.

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Does anyone feel strong enough to make a motion?

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Well,

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I could let's get over here.

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Okay, Madam Chair.

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Thank you, sir.

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MBO8K's 24088, I move to approve a special exception

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to permit a cardboard in the street setback

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and the street yard in the RS3 district

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for the conceptual plan shown on page 3.11 at 3.15.

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The board finds that the request to special exception

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will be at harmony with the spirit

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and in the intent of the code

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and will not be interested to the neighborhood

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or the wise detrimental to public welfare.

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We have a motion to wave a second.

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Second.

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Great, Mr. Hale.

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No.

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Ms. Dumas.

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Yes.

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Ms. Williams.

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Yes.

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I'll also vote yes, so it passes.

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Moving on to item number four on our agenda.

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Board of Adjustment Case 24089.

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BOA 24089.

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Location is 11044 East 14th Street South.

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Applicant Edward Welch is requesting a variance of the minimum open space per unit requirement for a non-conforming lot in the RS-3 district.

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Wonderful. It's the applicant present. Great. Go ahead and come up to the mic.

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Name address and a little bit about your case.

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Yes, my name is Edward Welch.

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And I purchased some lots back in 21 and we have the file for permits to build on there.

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And one of the things is the lots are extremely small, especially for RS-3 zoning.

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This lots of size is only 3,983 square feet, which makes it very difficult to build any structures on that lot at all.

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Trying to maintain the 50% open space requirement.

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Mr. Walch, quickly, can you state your address for the record?

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One, two, three, zero, seven, east, 88, court, north, Oluasso.

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Thank you, you can continue.

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Sure. So we've made plans for that specific lot size, trying to minimize as much as we can,

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but keeping the three bedroom to bath for single family homes, which is the desired family homes in Tulsa.

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We are currently at 44% open space with those requirements, so we're barely over.

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We meet all the setback requirements.

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We meet all of the requirements for the cities that's so far.

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The only thing we're violating is that open space requirement.

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So we're asking for a variance to approve that.

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Okay.

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Any questions from our board members?

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Separate on several different portions of your application.

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You mentioned the house is slightly larger home.

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You know what the adjacent homes are, square footage size and what this one is.

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They are about 1,200 to 1,300, 1,400 square feet, but the footprint of the homes they have garages.

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We've taken the garage out of this to minimize the footprint.

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We've also done a lot of work with the architecture and planning of the home.

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I own the home directly to the right of the lot as you're facing from the street.

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So we use that home as a model for the blueprints.

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We've made the home that we're going to build exactly the same width we use the same roof pitch

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We're going to use the same materials we're going to use

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We're saying design structure or integrity to make the home match exactly the other homes in the neighborhood. So from the street, it looks exactly like the other homes. It will just be set back farther a little bit longer. But the width of the fascia, the roof pitch, everything we designed was designed off of the home that currently exists to make it match the neighborhood. Excuse me. I've got a kind of horse that I have lost.

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I lost my voice, so bear with me.

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So what was the square footage of the other houses you were thinking?

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There are 1200 square feet minus the garage.

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So the garage is the one, so probably with the garage, the right at maybe, you know, right

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at 1,400, 1,500 square feet, and what is the one that you're proposing?

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1,800 square feet, 1,820, something like that.

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So, it still gives us 44% of the open space were at 56% over, instead of 50%.

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That's with the driveway being a little bit larger because the RS3 requirements for

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driveways now is more than that neighborhood, so the driver has to be bigger, which made

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it another, to make the driveway requirement, it took away the open space requirement, so

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that was one of the more difficult things to do.

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Requirements for now, driveways in Harris 3 is 18 feet, the other ones are like at 14 feet.

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So,

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you're saying yours is going to be about 1,800 square feet, is that with the garage?

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So, really we're going to be about 2,000.

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So, it doesn't have a garage at all.

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It doesn't have a garage at all.

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Very good. So, what I did was, when I was thinking about this, I went to the neighborhood,

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many of the neighbors have abandoned their garages and done, basically, sighting up front.

226
00:16:54,960 --> 00:17:00,980
I have four photos if you'd like to see of going through the neighborhood and just on that one street

227
00:17:00,980 --> 00:17:04,820
There's because the houses are so small a lot of the neighbors are abandoning the garage

228
00:17:05,760 --> 00:17:10,060
Siding over the garage door and making it look like there's no garage in the home anyway

229
00:17:10,540 --> 00:17:13,160
So as far as what I'm doing will not

230
00:17:13,660 --> 00:17:19,860
Determine from the neighborhood as far as the flow of the neighborhood or what it looks like from the street because there's several homes in there

231
00:17:20,520 --> 00:17:23,420
That have already abandoned the garage it'll look just like those

232
00:17:27,260 --> 00:17:28,360
Any feedback from your neighbors?

233
00:17:29,240 --> 00:17:34,040
We had five different negative feedbacks saying they do not want us to build.

234
00:17:34,780 --> 00:17:36,620
I don't know if you guys have seen those.

235
00:17:37,500 --> 00:17:40,640
They all have the current theme of it was kind of weird.

236
00:17:40,880 --> 00:17:44,220
There's going to be not enough parking if I build there.

237
00:17:44,520 --> 00:17:52,000
There's going to be a lot of the write-ups where we're going to use this for a Section 8 rental home,

238
00:17:52,100 --> 00:17:53,940
which is not the case.

239
00:17:54,380 --> 00:18:02,420
I think every right, so the next, the neighbor across the street has been parking there and I think she's going to lose her parking place.

240
00:18:03,140 --> 00:18:10,600
She was one of the people that wrote this up, so the comments after she came over to talk to me was, I'm going to lose my parking place. Well, I can't help you.

241
00:18:11,940 --> 00:18:17,180
Anyway, so there's a lot of write-ups that we're going to lose parking in the neighborhood. That lot's been there forever.

242
00:18:17,180 --> 00:18:22,480
However, I didn't respond to any of them because I really didn't know how to or what

243
00:18:22,480 --> 00:18:23,780
I needed to say about that.

244
00:18:24,940 --> 00:18:28,780
A lot of write-ups for you're going to use that for Section 8 rental.

245
00:18:29,140 --> 00:18:29,420
I'm not.

246
00:18:29,640 --> 00:18:32,160
If the plan is to sell that property after it's completed.

247
00:18:33,540 --> 00:18:37,040
So I don't know how to reply to any of the feedback.

248
00:18:37,400 --> 00:18:43,120
So a lot of them were, there's not going to be a garage there, but once again, there's

249
00:18:43,120 --> 00:18:45,560
so many neighborhoods that have been in their garages,

250
00:18:46,280 --> 00:18:48,580
and it just put sighting across the garage door,

251
00:18:49,460 --> 00:18:51,360
it would look just like that house and were completed.

252
00:18:51,640 --> 00:18:54,400
And we've put a lot of effort in the plans

253
00:18:54,400 --> 00:18:56,400
and designing to make sure it matches that,

254
00:18:56,500 --> 00:18:59,260
because I'm gonna own a home right next door to it,

255
00:18:59,860 --> 00:19:02,180
and I don't want to detriment that home

256
00:19:02,180 --> 00:19:03,900
in the neighborhood, I want it to match it, so.

257
00:19:04,400 --> 00:19:06,380
What's the size of the house next door that you have?

258
00:19:06,920 --> 00:19:09,940
It's like right at 1,200 in 50 square feet

259
00:19:09,940 --> 00:19:11,340
with the one car garage.

260
00:19:11,340 --> 00:19:15,260
So it is bigger than the other houses?

261
00:19:15,380 --> 00:19:16,360
It is bigger, yes.

262
00:19:16,580 --> 00:19:18,440
This house is definitely bigger than the other houses.

263
00:19:18,940 --> 00:19:28,700
The intent was to try to make the house in three bedroom too bad because that is the most needed

264
00:19:28,700 --> 00:19:36,480
houses for single-family homes in Tulsa, and we're trying to build a house that can be sold to a single-family as well we're trying to do.

265
00:19:39,570 --> 00:19:40,390
Any other questions?

266
00:19:41,310 --> 00:19:45,410
So I think you mentioned purchased the property in 2021.

267
00:19:45,850 --> 00:19:45,930
Yes.

268
00:19:46,010 --> 00:19:49,630
When you purchased it, did you know the zoning code?

269
00:19:50,450 --> 00:19:51,570
I did not.

270
00:19:51,670 --> 00:19:51,990
I did not.

271
00:19:52,570 --> 00:19:54,890
I did not know the zoning code's restrictions when I bought it.

272
00:19:55,210 --> 00:19:59,970
In fact, when I purchased the home, I was buying it as a rental.

273
00:20:00,000 --> 00:20:06,700
And it came with the two lots. I'm going to go to closing. I signed on three different properties, two lots, and that home.

274
00:20:08,780 --> 00:20:29,900
I guess there was some history from the planning office. I got some feedback. It was originally that the neighbor was platted under a PUD to try to varicate it, changed as later. And I guess they never followed through and got it approved as a PUD. So eventually the city came back and zoned at RS3. And just FYI,

275
00:20:29,900 --> 00:20:33,520
I look going to the neighborhood and looking at my house compared to some of those.

276
00:20:33,720 --> 00:20:42,220
I'm sure that the majority of those homes in there with the garage are over the 50% the houses are very large compared to a lot.

277
00:20:42,540 --> 00:20:44,720
So yeah,

278
00:20:47,730 --> 00:20:53,830
I mean, the zone three right now, minimum of 6900 square feet for a zone three lot.

279
00:20:54,030 --> 00:20:59,150
So this one being at 39 and 80 makes it very restrictive on what you can build there.

280
00:20:59,150 --> 00:20:59,590
So

281
00:21:01,800 --> 00:21:07,840
because this is a variance that would require a hardship, can you kind of just reiterate what the hardship might be?

282
00:21:08,220 --> 00:21:12,200
The hardship is that the lots are just really, really small to build almost anything.

283
00:21:12,480 --> 00:21:13,380
That's the hardship.

284
00:21:14,140 --> 00:21:18,660
You know, a lot any bigger than that and we would be at the future percent.

285
00:21:18,780 --> 00:21:20,260
Like I said, we're almost there any what?

286
00:21:20,720 --> 00:21:21,430
We're at 44%.

287
00:21:21,960 --> 00:21:24,400
So this 40% open space.

288
00:21:24,400 --> 00:21:26,900
We're barely over by 6%.

289
00:21:27,660 --> 00:21:36,620
There's still plenty of yard, the effort we put into making it match and it just barely

290
00:21:36,620 --> 00:21:37,100
being over.

291
00:21:37,360 --> 00:21:39,900
We meet all the setback requirements for the property.

292
00:21:40,560 --> 00:21:45,340
We're in no easements of the property, so we're not violating anything other than it's

293
00:21:45,340 --> 00:21:46,220
just being a little bit too big.

294
00:21:48,960 --> 00:21:49,860
Any other questions?

295
00:21:52,300 --> 00:21:56,700
This is more for staff, but I feel like this might be a good time to ask it before you all

296
00:21:57,300 --> 00:21:57,780
walk away.

297
00:21:57,780 --> 00:22:05,760
Sure, so could you clarify a little bit like this was a PUD and then the city we zoned it to RS3 and

298
00:22:06,980 --> 00:22:12,680
So I think what we determined as we were going through this was the plat and this neighborhood

299
00:22:13,180 --> 00:22:21,220
None of those lots meet the RS3 requirements. I think it was zoned RS3 and there was a PUD proposed at the time that this was being

300
00:22:21,840 --> 00:22:27,500
Developed what didn't ever happen was the council never approved the PUD and an ordinance was never created

301
00:22:27,780 --> 00:22:31,880
but somehow the plat continued and was filed and the neighborhood was built.

302
00:22:32,920 --> 00:22:38,000
So there was an issue with, I guess, the records of what had happened with that PUD.

303
00:22:38,320 --> 00:22:41,740
And there was an assumption at some point while the plat was moving forward that it was approved.

304
00:22:42,380 --> 00:22:49,540
And that's what resulted in lots being platted that were way below the minimums that were acquired by the zoning district.

305
00:22:50,020 --> 00:22:56,480
And today our map just doesn't reflect that PUD that was supposedly associated with the project.

306
00:22:57,840 --> 00:23:04,720
So regardless of outcome, I mean, there's all of these lots would be subject to that non-conforming lot provision at this point

307
00:23:04,720 --> 00:23:08,540
Which establishes that 50% open space requirement?

308
00:23:09,680 --> 00:23:13,200
So you're saying that most of those homes are violating it that thing anyway?

309
00:23:13,640 --> 00:23:18,080
I mean it could be I don't know the facts of like the existing open space on any of these properties

310
00:23:18,080 --> 00:23:22,180
It certainly looks like they've been built out maybe beyond what that 50% will allow

311
00:23:22,820 --> 00:23:26,240
Without looking at plans. It's hard to know but yeah

312
00:23:26,240 --> 00:23:33,760
Okay, it is a very unique situation where this was all proposed under a planning and development that just was never finally approved and given an ordinance, so.

313
00:23:34,920 --> 00:23:35,400
Okay.

314
00:23:36,240 --> 00:23:36,520
Thank you.

315
00:23:37,300 --> 00:23:38,260
I mean, last questions.

316
00:23:39,400 --> 00:23:44,440
I mean, if we go back and build a two bedroom with one car garage, it's going to be almost be the same size anyway.

317
00:23:44,760 --> 00:23:53,300
But the versatility and functionality of a three bedroom, two bedroom house and Tulsa is a lot more beneficial to the inventory muscle realtor.

318
00:23:53,300 --> 00:23:58,480
and I know the inventory for these homes are just almost non-existent in Tulsa right now so it's

319
00:23:58,480 --> 00:24:05,600
more beneficial to have the no garage and bigger home than have a two bedroom with a one-car garage

320
00:24:05,600 --> 00:24:11,540
as far as what we can do selling it to single families. And if these were the same sizes the rest

321
00:24:11,540 --> 00:24:16,120
are as three or the average it would be half of what we would actually give to you. Yeah I mean at 69

322
00:24:16,120 --> 00:24:22,320
on our square foot. We'd have 70, almost 65 or 70% on a regular 6900 square foot a lot, so.

323
00:24:22,860 --> 00:24:26,180
Okay. Thank you. You may be seated. Thank you.

324
00:24:26,680 --> 00:24:30,460
We have anyone here to speak on this case today? Wonderful. Come on up.

325
00:24:45,820 --> 00:24:47,360
You'll state your name address.

326
00:24:49,670 --> 00:24:58,110
On Pam Carter, my address is 11045 East 14th Street, Tulsa 74128.

327
00:25:01,300 --> 00:25:24,520
Mr. Welch says that his house meets the existing, well, looks like everybody else's house, but it doesn't because there's a garage on every property. And there's very few people that have gone in and made it another room.

328
00:25:25,220 --> 00:25:27,680
In fact, I can only think about two.

329
00:25:28,400 --> 00:25:35,220
I didn't go through and count how many houses have gone and made another room out of their garage.

330
00:25:35,560 --> 00:25:38,020
But it's very few.

331
00:25:39,080 --> 00:25:40,940
And everybody has a garage there.

332
00:25:41,840 --> 00:25:46,540
And most people utilize their garage like it's supposed to be.

333
00:25:48,700 --> 00:25:56,560
Another thing he was saying the properties are 1,400 feet, my house straight across the street

334
00:25:56,560 --> 00:26:01,160
from his is 1020 and that includes the garage.

335
00:26:02,340 --> 00:26:08,500
And then I also have another house that's two doors down from him and it's 1220.

336
00:26:09,880 --> 00:26:18,940
So they're not as big as what he's saying and he wants to build a lot bigger home on that property.

337
00:26:20,000 --> 00:26:33,780
Another thing is those are called patio homes. So they're shotgun type homes and everybody has windows and sliding glass door on one side of the house.

338
00:26:33,780 --> 00:26:39,400
And on his plan, he's got windows on both sides of the house.

339
00:26:39,880 --> 00:26:49,580
And so I really don't feel like he went to very much trouble trying to match the house that he's going to build with the other houses.

340
00:26:49,880 --> 00:27:00,280
And especially if he owns the house next door, he had, you know, utilization inside and outside and those are two bedroom homes.

341
00:27:00,280 --> 00:27:06,240
homes. Both of my houses are two bedroom homes. There's very few three bedroom homes and

342
00:27:06,240 --> 00:27:15,160
they're on the other other street and they are basically very small when they put three

343
00:27:15,160 --> 00:27:17,680
bedrooms in a 10 20 space.

344
00:27:20,200 --> 00:27:24,560
Okay. That's basically all I have to say. That's right. Thank

345
00:27:24,560 --> 00:27:30,100
you. Okay. Do we have anyone else here to speak on this case? Would the applicant like

346
00:27:30,100 --> 00:27:31,000
I'm going to come back up after that.

347
00:27:31,640 --> 00:27:32,080
You may.

348
00:27:36,410 --> 00:27:38,790
Mr. Chair, I don't think we've got the name of the second

349
00:27:38,790 --> 00:27:40,210
gentleman who spoke.

350
00:27:40,910 --> 00:27:40,930
Yeah.

351
00:27:46,650 --> 00:27:49,970
Josh Mannis, 3507, 4 West, 171st Street, South

352
00:27:49,970 --> 00:27:51,310
Bristol, Clawm 7401.

353
00:27:52,250 --> 00:27:53,590
Basically, like you said, it's a partner.

354
00:27:54,350 --> 00:27:54,870
OK, great.

355
00:27:55,290 --> 00:27:57,210
If you just want to react to anything that was said just then,

356
00:27:57,770 --> 00:27:58,990
you don't have to restate anything else.

357
00:27:59,270 --> 00:27:59,390
Right.

358
00:27:59,570 --> 00:28:00,730
I was just the window thing.

359
00:28:00,890 --> 00:28:02,590
There was a couple of write-ups on that.

360
00:28:02,890 --> 00:28:06,430
The reason we have to put windows on both sides is because we're

361
00:28:06,430 --> 00:28:10,550
going from two bedroom to three bedroom and we have to have a window for fire egress.

362
00:28:11,570 --> 00:28:14,790
If we put three bedrooms in there, you have bedrooms on both sides, you've got to have windows

363
00:28:14,790 --> 00:28:16,990
on both sides so you can get out in case of fire.

364
00:28:18,910 --> 00:28:24,490
Also the flow of the neighborhood, there's a lot of the homes, probably 70% homes have

365
00:28:24,490 --> 00:28:31,130
exactly the same fascia, but the other 20% don't have the pitch roof in one direction, they

366
00:28:31,130 --> 00:28:33,550
have pitch roofs going the other way.

367
00:28:33,550 --> 00:28:38,650
So there are about 20% of the homes that do not match exactly that.

368
00:28:38,950 --> 00:28:43,730
I tried to match it by the exacting with proof pitch, everything.

369
00:28:44,070 --> 00:28:48,770
So this house will look like all the other homes in the neighborhood when we're done.

370
00:28:52,300 --> 00:28:55,720
As far as it being that deep by the time you put the privacy fence up,

371
00:28:56,000 --> 00:28:58,120
you can't see how deep the home will go anyway.

372
00:28:58,500 --> 00:29:00,340
So from the street, it'll look just like everything else.

373
00:29:01,040 --> 00:29:02,000
Anything else I'm forgetting?

374
00:29:02,820 --> 00:29:18,100
One of the reasons why we didn't really respond to the objections to it, most of them were more geared towards keeping us from building there and not really didn't have much to do with the variance itself that we're applying for so we didn't really know how to handle that without upsetting somebody worse than what it was.

375
00:29:18,700 --> 00:29:20,200
Okay, thank you.

376
00:29:21,020 --> 00:29:22,180
That puts us in discussion.

377
00:29:25,970 --> 00:29:28,930
I think we need to mention we have what three letters of opposition.

378
00:29:28,930 --> 00:29:34,090
Yeah, except that this is the one where two are from the same person.

379
00:29:48,250 --> 00:29:50,430
I mean, I'll start out. I'm on the fence about it.

380
00:29:50,430 --> 00:29:59,770
But certainly there is hardship here, a lot of sizes are already non-conforming too.

381
00:30:00,000 --> 00:30:29,280
To the zoning, but the size of it does seem larger than surrounding, and it seems like, you know, just napkin math. If you shave off five feet, you five feet in length, which, you know, however, you do that, take it out of the living room, take it out of the back bedroom, however, whatever. You get to the open space that's needed. I think it's five feet one and a half inches. So, I mean, and that still takes you down to 16.

382
00:30:29,900 --> 00:30:36,320
53 square feet so it seems larger than I agree it's the neighbors it does seem

383
00:30:36,320 --> 00:30:42,100
larger than it really needs to be for the maybe not needs to be but to match

384
00:30:42,100 --> 00:30:48,660
kind of the existing would you be open to taking it down he wouldn't you know I

385
00:30:48,660 --> 00:30:51,800
don't think you'd need it would he need a variance at that point that's just if

386
00:30:51,800 --> 00:30:55,300
it didn't pass today that would be the option right yeah I mean if it gets voted

387
00:30:55,300 --> 00:30:58,520
no on I mean you just go back and you revise your floor plan to be smaller and

388
00:31:12,080 --> 00:31:12,880
I

389
00:31:15,220 --> 00:31:25,860
agree that the lot sizes are unique and provide a unique hardship and the ability

390
00:31:25,860 --> 00:31:30,580
to not need the variance seems like it is there.

391
00:31:30,580 --> 00:31:40,320
There is an ability to meet the zoning code, I think the difference of needing a variance

392
00:31:40,320 --> 00:31:44,080
versus not needing a variance, Kevin, as you mentioned, the five feet, whether that's

393
00:31:44,080 --> 00:31:54,000
coming from the back or the side, to me, seems like a market issue and a desire to be more

394
00:31:55,380 --> 00:31:58,640
desirable in the current market, which I totally understand.

395
00:31:59,460 --> 00:32:06,180
And then I believe takes the hardship to a financial hardship, as opposed to the lot size hardship.

396
00:32:10,280 --> 00:32:12,480
Well, I think we have our, we

397
00:32:26,280 --> 00:32:30,440
can't, sorry, Mr. Hale, are you going to make a motion?

398
00:32:30,580 --> 00:32:34,200
Yeah, Madam Chair and Board of Adjustment Case, 24089.

399
00:32:34,200 --> 00:32:39,480
I move to deny a variance to decrease the minimum open space per unit requirement for

400
00:32:39,480 --> 00:32:44,940
We're non-conforming a lot in RS-3 district from 50% to 47% of the lot area.

401
00:32:45,560 --> 00:32:47,940
The board finds the hardship to be not sufficient.

402
00:32:50,630 --> 00:32:51,810
I have a motion, do I have a second?

403
00:32:53,050 --> 00:32:53,330
Second.

404
00:32:55,290 --> 00:32:56,090
Mr. Dumas.

405
00:32:58,070 --> 00:32:58,490
Yes.

406
00:32:59,270 --> 00:33:00,270
Miss Williams, yes.

407
00:33:01,110 --> 00:33:01,570
Mr. Hale.

408
00:33:01,850 --> 00:33:02,030
Yes.

409
00:33:02,730 --> 00:33:03,850
I also vote yes.

410
00:33:04,170 --> 00:33:04,870
A motion is denied.

411
00:33:05,650 --> 00:33:06,890
Moving to the next case.

412
00:33:09,600 --> 00:33:13,200
Item number five on our agenda board of adjustment case, 2, 4, 0, 9, 0.

413
00:33:15,400 --> 00:33:20,360
POA 24090, located at 1116 South 129th East Avenue.

414
00:33:20,760 --> 00:33:24,900
Applicant summit construction group is requesting a special exception to allow

415
00:33:24,900 --> 00:33:28,180
building service use and a warehouse use in the CES district.

416
00:33:28,620 --> 00:33:30,280
Hi, my name is Alan Holcomb.

417
00:33:30,820 --> 00:33:37,360
I represent Semiconstruction Group, address 51.03, South Sheridan Road, sweet 614,

418
00:33:38,060 --> 00:33:39,900
Tulsa Oklahoma 74145.

419
00:33:42,900 --> 00:33:44,140
Great, tell us a little bit about your case.

420
00:33:44,140 --> 00:34:13,560
Okay, so my client is LMS overhead door LLC, I should say potential client, they own I believe it's an acre lot at 1116 East 129 as you described and on your on your board you can see the structure on the lower side of that that isn't existing structure we propose to build 50 feet from that structure to the north.

421
00:34:13,560 --> 00:34:18,400
with a 6,500 square foot warehouse space.

422
00:34:19,180 --> 00:34:21,440
We know that it's zoned C3 residential,

423
00:34:21,940 --> 00:34:22,900
and I'm sorry, not residential,

424
00:34:23,100 --> 00:34:24,100
but restaurant and retail.

425
00:34:25,160 --> 00:34:28,500
So we have, we've submitted to you

426
00:34:29,300 --> 00:34:30,560
our design on the warehouse,

427
00:34:31,060 --> 00:34:32,620
and that's exactly what it will be.

428
00:34:33,140 --> 00:34:35,300
The existing structure they have now has offices

429
00:34:35,300 --> 00:34:37,720
and also warehouse space.

430
00:34:38,460 --> 00:34:39,680
This will be strictly warehouse.

431
00:34:39,680 --> 00:34:46,200
house. So we propose that five, ten years down the road that you can see in our elevation

432
00:34:46,200 --> 00:34:53,360
drawings that we're preparing this structure for retail space once they sell it. What

433
00:34:53,360 --> 00:34:58,440
they choose to keep it in turn and into retail space, you have five units that are

434
00:34:58,440 --> 00:34:59,860
the prophet or or or

435
00:35:00,000 --> 00:35:29,780
20-foot wide in the depth of that unit 65 feet. We are going to rough in plumbing for every single unit, not tied into the sewer yet, but in anticipation that when it sells, every unit that becomes retail space will have a full bath and like a lounge area for each retail space. So, we think we have a good plan and we're asking that you allow us to build this with that in mind. If you look at the drawing that you have now,

436
00:35:31,140 --> 00:35:39,300
So that's how it would look once they sell the property or if they choose to keep it and convert it into retail space themselves.

437
00:35:39,880 --> 00:35:43,260
That's how it would look in your elevation that you're showing right now.

438
00:35:45,540 --> 00:35:46,360
There you go.

439
00:35:46,360 --> 00:35:46,420
So

440
00:35:48,720 --> 00:36:04,880
again, that would be proposed, that's how it would be that would be the selling point at some point five years, 10 years, 15 years down the road, or they keep it and they convert it or they continue to keep it as a warehouse space.

441
00:36:05,420 --> 00:36:12,360
The surrounding areas directly across the street from this one is I believe a plumbing supply of something along those lines.

442
00:36:12,360 --> 00:36:16,640
It's a plumbing supply house on the corner.

443
00:36:16,820 --> 00:36:19,700
You have little sheds that are being sold.

444
00:36:20,200 --> 00:36:21,340
Of course, that's retail, correct.

445
00:36:22,440 --> 00:36:26,320
There's a car lot we do have one letter

446
00:36:26,320 --> 00:36:29,040
from the people directly across from this lot

447
00:36:29,400 --> 00:36:31,560
that supports what we're doing.

448
00:36:32,580 --> 00:36:35,540
And we've had no opposition to our request.

449
00:36:39,470 --> 00:36:41,210
They currently operate out of the building

450
00:36:41,210 --> 00:36:42,470
that's directly south.

451
00:36:42,470 --> 00:36:50,850
Yes, sir, and what are they what what is the business they're business of LNS overhead

452
00:36:51,990 --> 00:36:55,610
Overhead doors LLC so they just need space to

453
00:36:55,610 --> 00:37:02,450
Simmelize coming in going out dropping their staff comes in all the parking area will be at the existing place

454
00:37:02,450 --> 00:37:03,250
so

455
00:37:03,990 --> 00:37:06,330
All they see that was it's concrete. It's just

456
00:37:06,330 --> 00:37:08,170
Simmelize come in turn around

457
00:37:08,170 --> 00:37:12,930
They'll be a loading dock, offload, their crews will come in with their trucks and loads.

458
00:37:13,150 --> 00:37:14,730
So it's just that kind of deal.

459
00:37:18,680 --> 00:37:20,440
Any other questions for the applicant?

460
00:37:21,680 --> 00:37:22,960
Okay, you may be seated.

461
00:37:23,080 --> 00:37:23,400
Thank you.

462
00:37:24,480 --> 00:37:26,680
Do we have anyone here today who would like to speak on this case?

463
00:37:28,560 --> 00:37:30,780
Seeing no hands, we'll move into discussion.

464
00:37:36,380 --> 00:37:41,220
Yeah, I mean, they do have a letter and support, I don't have any issues with this.

465
00:37:41,940 --> 00:37:46,520
Yeah, and I just look at the land use and that designation is multiple use.

466
00:37:47,240 --> 00:37:52,320
And so I think that guides us to permit multiple uses.

467
00:37:53,260 --> 00:37:55,360
So yeah, great.

468
00:37:56,180 --> 00:37:57,220
So once I make a motion,

469
00:38:00,290 --> 00:38:01,590
you can do it, girl.

470
00:38:03,460 --> 00:38:09,630
Madam Chair and BOA case 24-090, I move to approve a special exception to allow to build

471
00:38:09,630 --> 00:38:16,650
in service and warehouse use in the CS district. Her conceptual plans shown on 5

472
00:38:20,580 --> 00:38:24,680
.10-5

473
00:38:30,000 --> 00:38:33,440
.25.

474
00:38:38,270 --> 00:38:41,670
The board finds that the requested special exception will be in harmony with the spirit

475
00:38:41,670 --> 00:38:45,970
and intent of the code or not be interest to the neighborhood or otherwise detrimental to

476
00:38:45,970 --> 00:38:46,710
the public welfare.

477
00:38:47,530 --> 00:38:48,130
We have a motion.

478
00:38:48,250 --> 00:38:48,670
Do we have a second?

479
00:38:48,670 --> 00:38:55,630
So I can point the exhibit you got if you want to you could add the

480
00:38:55,630 --> 00:39:00,550
additional exhibit you received at today's meeting okay is that is that the

481
00:39:00,550 --> 00:39:03,970
renderings yeah I mean that's what we're looking at is the new exhibit that was

482
00:39:03,970 --> 00:39:08,270
submitted so I don't think we need to tie that to it okay that maybe that happened

483
00:39:08,270 --> 00:39:11,950
maybe it doesn't sure I mean white what's in front of us right now it's just a

484
00:39:11,950 --> 00:39:16,530
warehouse so to me it doesn't sure we should tie that okay yeah I just wanted to

485
00:39:16,530 --> 00:39:19,110
to you just so you knew this wasn't part of those packet drawings.

486
00:39:19,170 --> 00:39:20,130
Right, right, right, okay.

487
00:39:20,310 --> 00:39:20,590
Thank you.

488
00:39:20,730 --> 00:39:20,970
Thank you.

489
00:39:21,850 --> 00:39:24,270
Okay, so motion as it stands, do we have a second?

490
00:39:24,630 --> 00:39:25,070
Second.

491
00:39:26,030 --> 00:39:27,970
And all in favor, Ms. Dumas?

492
00:39:28,390 --> 00:39:28,570
Yes.

493
00:39:28,870 --> 00:39:29,210
Ms. Williams.

494
00:39:29,470 --> 00:39:29,610
Yes.

495
00:39:29,850 --> 00:39:30,230
Mr. Hale.

496
00:39:30,470 --> 00:39:30,610
Yes.

497
00:39:30,830 --> 00:39:31,490
I also vote yes.

498
00:39:32,430 --> 00:39:34,290
Motion carries, moving on to the next case.

499
00:39:35,370 --> 00:39:38,390
Item number six, Board of Adjustment Case 2409-1.

500
00:39:41,540 --> 00:39:45,620
BOA 2409-1, located at 8404 South Union Avenue.

501
00:39:45,960 --> 00:39:47,520
Applicant Natalie Cornette is requesting

502
00:39:47,520 --> 00:39:51,800
requesting a special exception to allow an outdoor assembly and entertainment use in the AG district.

503
00:39:53,850 --> 00:39:58,350
Good afternoon, Natalie Cornette, 2727 East 21st Street.

504
00:39:59,050 --> 00:39:59,750
We are requesting-

505
00:40:00,000 --> 00:40:08,120
A special exception to permit a existing sports field to be used for outdoor assembly and entertainment.

506
00:40:09,060 --> 00:40:22,840
The property is located at the northwest corner of 86th and union. The owner who owns this field also owns the adjacent property to the north.

507
00:40:22,840 --> 00:40:28,180
if you'll go just to yes them. So he owns the total of 80 acres, the large

508
00:40:28,180 --> 00:40:33,080
tract as well as the sports field. The field was originally constructed for his

509
00:40:33,080 --> 00:40:38,480
private use. He's got kids who are very active in competitive sports and he

510
00:40:38,480 --> 00:40:43,760
built a soccer field for them to be able to get private practices and training

511
00:40:43,760 --> 00:40:50,320
sessions on the field. It is a state-of-the-art facility and so he thought why not

512
00:40:50,320 --> 00:40:56,720
open this up and allow it to be used by local clubs or you know his if his

513
00:40:56,720 --> 00:41:01,260
son sports team has gets rained out at their public field they can come play

514
00:41:01,260 --> 00:41:06,060
here or practice here or allow private training sessions for other team

515
00:41:06,060 --> 00:41:11,020
members things like that of that nature. So the field itself is permitted by

516
00:41:11,020 --> 00:41:14,840
right for private use we're requesting that we can open it up to allow the

517
00:41:14,840 --> 00:41:19,560
community to use it as well. I'll go quickly through just some photos to get

518
00:41:19,560 --> 00:41:25,320
you oriented. This is 86th Street. We're looking south down Union. If you'll go to the next one,

519
00:41:25,380 --> 00:41:32,520
please. Looking north down Union. Next one, please. This is directly across the street. This is the

520
00:41:32,520 --> 00:41:40,020
Muscogee Nation Head Start facility. This is to our south. There's a vacant church. It's not used,

521
00:41:41,320 --> 00:41:49,400
but there's a church facility there. This is facing west on 86th Street. So we're

522
00:41:49,400 --> 00:41:54,920
looking, I'm sorry there's a glare here, but we're looking, I believe, towards the sports

523
00:41:54,920 --> 00:42:02,280
field. Thank you. Next one, please. And then looking east towards Union. Next one, please.

524
00:42:03,320 --> 00:42:09,460
So this is what the entry, the entry gate to the field looks like. You would come down

525
00:42:09,460 --> 00:42:13,560
86th Street North and turn into that gated area and there's a parking lot there.

526
00:42:16,380 --> 00:42:17,920
Next one,

527
00:42:17,920 --> 00:42:22,860
the construction that's active, that's the property owner's private residence that's being

528
00:42:22,860 --> 00:42:29,820
constructed today and then you'll also, if you go back up actually, you'll see just to the left

529
00:42:29,820 --> 00:42:35,300
of the screen, you'll see the lights and those are the lights of the field. Next one, please.

530
00:42:36,800 --> 00:42:42,800
This is, there's significant Birmingham that's been installed to shield it from Union Avenue,

531
00:42:43,000 --> 00:42:47,180
you really can't see it at all from Union Avenue. So this is the view of the Birmingham.

532
00:42:47,920 --> 00:42:54,780
and then the next one and then this is looking at if you're on Union looking towards

533
00:42:55,460 --> 00:43:04,440
where the field is located next and I think that's it. Okay, so we do have lights as I mentioned

534
00:43:04,440 --> 00:43:10,760
where those are really intended just for if we have a fall game and a good start at seven but we

535
00:43:10,760 --> 00:43:15,140
don't intend for them to be on past 10 pm and are willing to accept that as a condition.

536
00:43:15,140 --> 00:43:19,360
There are no bleachers or anything for large crowds of folks.

537
00:43:19,360 --> 00:43:25,420
It's going to be parents coming and setting up a lawn chair if they do want to watch a practice or a game or something like that.

538
00:43:25,720 --> 00:43:29,580
So I'm happy to answer questions that the board has for me, but

539
00:43:29,580 --> 00:43:33,260
we believe this is in harmony with the spirit and ten of the code and will not be

540
00:43:33,260 --> 00:43:34,600
injurious to the neighborhood.

541
00:43:35,200 --> 00:43:41,200
And I will say that we have spoken with our residential neighbors on the other side of

542
00:43:41,200 --> 00:43:48,260
Mr. Caswell's property to the north and address any questions or comments that they had.

543
00:43:49,480 --> 00:43:51,500
Great. Any questions from the board?

544
00:43:52,800 --> 00:43:55,800
What are the anticipated normal hours of operation?

545
00:43:56,380 --> 00:44:00,820
So it's really not a commercial enterprise that we would have business hours, but

546
00:44:00,820 --> 00:44:05,720
you know, games or practices would be happening in the evenings or

547
00:44:05,720 --> 00:44:10,240
or after school on the weekends during the school year,

548
00:44:10,600 --> 00:44:12,460
during the summer, it could be, you know,

549
00:44:12,720 --> 00:44:14,020
any time, really.

550
00:44:16,950 --> 00:44:19,450
So an outdoor assembly and entertainment use

551
00:44:19,450 --> 00:44:21,130
in the AG district is very broad.

552
00:44:21,630 --> 00:44:21,690
Right.

553
00:44:22,270 --> 00:44:24,710
Does your client have any issues with that's limitating

554
00:44:24,710 --> 00:44:28,930
or limiting it to specifically an outdoor sports complex?

555
00:44:29,130 --> 00:44:29,830
Nope, not at all.

556
00:44:29,890 --> 00:44:30,810
That's our intent.

557
00:44:30,990 --> 00:44:32,590
We don't want any of the other uses

558
00:44:32,590 --> 00:44:34,990
that are in that use category.

559
00:44:34,990 --> 00:44:36,570
So this sports field,

560
00:44:36,570 --> 00:44:41,050
It has it's it's designed for soccer. There are some football goals there too

561
00:44:41,050 --> 00:44:44,430
But just for us and sports field that's perfectly acceptable

562
00:44:44,430 --> 00:44:50,630
Yes, I think that concern there would be you know if we approve it open-ended and it's down the road

563
00:44:50,630 --> 00:44:57,810
What does it has the freedom to become something? I mean we tie it to the exhibits, but I mean if it's not specific then

564
00:45:00,460 --> 00:45:01,460
Any other questions?

565
00:45:03,940 --> 00:45:09,780
Okay, thank you. Thank you. We have anyone here to speak on this case today. Great, we'll move into discussion.

566
00:45:13,380 --> 00:45:34,220
Thanks to your questions. Lead me to believe you're okay with this. You might put some conditions on it. Yeah, well, I mean, I guess I would ask that design. Does it need the conditions, you think? I mean, it's tying it to the exhibits, but. Yeah, I think, I mean, I think if you wanted to say it as a part of your motion, that it be conditioned only for the purposes of an outdoor sports field.

567
00:45:34,220 --> 00:45:40,900
that would be probably more, you know, long-term kind of buttoning it up versus the conceptual plan.

568
00:45:43,950 --> 00:45:49,790
Is there anything in the zoning code that limits the light at 10 o'clock or whatever?

569
00:45:51,310 --> 00:46:00,630
I mean we have a nuisance ordinance that would kick in if they were, you know, keeping them on or spilling into their neighbor's properties at times that weren't permissible.

570
00:46:00,630 --> 00:46:07,450
The zoning code does not regulate sports-filled lighting, it's more dictated by nuisance ordinances.

571
00:46:07,850 --> 00:46:08,390
You

572
00:46:14,020 --> 00:46:14,900
guys okay with those conditions?

573
00:46:15,340 --> 00:46:15,420
Hi.

574
00:46:15,660 --> 00:46:16,320
Yeah, I'm going to go with that.

575
00:46:16,740 --> 00:46:17,080
Okay, great.

576
00:46:18,000 --> 00:46:20,820
Madam Chair, I'm Board of Adjustment Case 209-1.

577
00:46:21,380 --> 00:46:34,280
I move to approve a special exception to allow and outdoors assembly and entertainment use in the AG district for the conceptual plan shown on page 6.12 of the agenda packet subject to the following condition.

578
00:46:34,280 --> 00:46:39,200
the use be limited to an outdoor sports complex.

579
00:46:39,900 --> 00:46:48,080
The board finds that the request of special exception will be in harmony with the spirit and in ten of the code and will not be in juries to the neighborhood or otherwise detrimental to the public welfare.

580
00:46:49,120 --> 00:46:50,360
We have a motion to wait a second.

581
00:46:51,180 --> 00:46:51,620
Second.

582
00:46:52,380 --> 00:46:53,220
Two seconds.

583
00:46:53,600 --> 00:46:54,560
There you go.

584
00:46:55,140 --> 00:46:55,820
Mr. Hale.

585
00:46:56,040 --> 00:46:56,440
Yes.

586
00:46:56,760 --> 00:46:57,120
Ms. Williams.

587
00:46:57,320 --> 00:46:57,480
Yes.

588
00:46:57,760 --> 00:46:58,160
Ms. Dumas.

589
00:46:58,460 --> 00:46:58,600
Yes.

590
00:46:58,860 --> 00:46:59,520
I also vote yes.

591
00:47:00,080 --> 00:47:00,660
Motion carries.

592
00:47:01,480 --> 00:47:05,340
to agenda item number seven, Board of Adjustment Case 24092.

593
00:47:06,840 --> 00:47:12,540
BOA 24092, located at 2119 East 30th Place South, applicant Natalie Cornette,

594
00:47:12,720 --> 00:47:17,120
Ellen DeTrick is requesting a variance to reduce the 15-foot side-set back in the R.E. District.

595
00:47:18,080 --> 00:47:22,460
All right, hello again Natalie Cornette, 2727 East 21st Street.

596
00:47:23,140 --> 00:47:29,840
This is really a curative case, the subject property was, is an existing home

597
00:47:29,840 --> 00:47:38,640
room that was constructed between 1995 and 1996. In December of 1995, probably I'm guessing

598
00:47:38,640 --> 00:47:44,160
sometimes between the time the house was permitted and construction was completed, the

599
00:47:44,160 --> 00:47:55,290
property was re-zoned from RS-3, I believe, excuse me, RS-1 to RE. So it was constructed in

600
00:47:55,290 --> 00:47:58,190
accordance with RS-1 to have five foot side setbacks.

601
00:47:58,950 --> 00:48:01,130
RE has 15 foot side setbacks.

602
00:48:02,470 --> 00:48:05,030
The property is currently under contract to be sold,

603
00:48:05,550 --> 00:48:09,710
and this was flagged as we did not meet the zoning requirements for RE

604
00:48:10,470 --> 00:48:11,910
for the existing house.

605
00:48:12,150 --> 00:48:16,210
So we're requesting a variance of the side setbacks for both sides.

606
00:48:17,130 --> 00:48:24,510
On the east side, we encroach the largest encroachment is six feet

607
00:48:24,510 --> 00:48:29,350
and we're six feet from the property line and then on the west side there's a

608
00:48:29,350 --> 00:48:34,390
port of Cache and that is 10 feet from the property line. So the hardship in

609
00:48:34,390 --> 00:48:38,810
this case is we have a non-conforming lot and it was re-zoned while the house

610
00:48:38,810 --> 00:48:44,090
was being constructed and so we'd request the variance of both of those side

611
00:48:44,090 --> 00:48:49,810
setbacks and I'm happy to answer any questions. Thank you. Any questions for her?

612
00:48:53,320 --> 00:48:56,600
Okay I think we're good for now. Thank you. Anyone here to speak on this case?

613
00:48:57,780 --> 00:49:02,890
With that moment of discussion, seems pretty cut and dry to me.

614
00:49:03,970 --> 00:49:07,730
It seems like a clerical. I mean it's been operating for 20 years.

615
00:49:08,250 --> 00:49:08,770
Yeah, yeah.

616
00:49:11,820 --> 00:49:13,300
Anominee, we're all supposed to do that.

617
00:49:13,300 --> 00:49:14,380
Oh, no, you do not.

618
00:49:16,140 --> 00:49:19,300
Madam Chair and BOA case 24092.

619
00:49:19,500 --> 00:49:22,660
I move to approve a variance to reduce the 15-foot side.

620
00:49:23,520 --> 00:49:27,880
Setback in the RE district from 15 feet to 6 feet from the eastern property line

621
00:49:27,880 --> 00:49:31,340
and from 15 to 9 feet from the Western property line.

622
00:49:31,540 --> 00:49:35,360
For the conceptual plan shown on page 7.12,

623
00:49:36,200 --> 00:49:37,840
the board finds the hardship to be

624
00:49:37,840 --> 00:49:39,520
that this is a non-conforming lot

625
00:49:39,520 --> 00:49:43,220
and it was re-zoned during construction.

626
00:49:43,500 --> 00:49:43,780
Thank you.

627
00:49:44,480 --> 00:49:45,820
In Grenade to Variance, the board finds

628
00:49:45,820 --> 00:49:47,780
that the following facts favorable to the property only

629
00:49:47,780 --> 00:49:50,480
have been established, that the physical surrounding shape

630
00:49:50,480 --> 00:49:52,820
and topographical conditions of the septic property

631
00:49:52,820 --> 00:49:55,520
would result in unnecessary hardships

632
00:49:55,520 --> 00:49:59,820
or practical difficulties for the property owner as distinguished.

633
00:50:00,000 --> 00:50:29,980
From a mere inconvenience and a stricter letter of the regulations were, if the strict letter of the regulations were carried out, the literal enforcement of the septic zoning code revision is not necessary to achieve the provisions intended purpose. See the conditions that the conditions leading to the need of the requested variance on unique to the septic property and not applicable generally to other property within the same zoning classification, D that the alleged practical difficulty or unnecessary

634
00:50:29,980 --> 00:50:34,860
necessary hardship was not created or self-imposed by the current property owner, e, that the

635
00:50:34,860 --> 00:50:40,420
variance to be granted is the minimum variance that will afford relief, f, that the variance

636
00:50:40,420 --> 00:50:46,020
to be granted will not alter the essential character of the neighborhood in which the subject

637
00:50:46,020 --> 00:50:53,700
property is located nor substantially or permanently impaired use or development of adjacent property

638
00:50:53,700 --> 00:50:59,260
the ANG, the variance to be granted will not cause substantial detriment to the public good,

639
00:50:59,400 --> 00:51:06,500
or impair the purposes, spirit, and intent of this zoning code, or the comprehensive plan.

640
00:51:07,280 --> 00:51:08,600
Well done. Do we have a second?

641
00:51:08,860 --> 00:51:09,040
Second.

642
00:51:10,340 --> 00:51:12,180
Okay. We'll move down the line. Mr. Dumas.

643
00:51:12,920 --> 00:51:13,360
Yes.

644
00:51:13,900 --> 00:51:14,400
Ms. Williams?

645
00:51:14,640 --> 00:51:14,740
Yes.

646
00:51:15,020 --> 00:51:15,480
Mr. Hale?

647
00:51:15,600 --> 00:51:15,780
Yes.

648
00:51:16,180 --> 00:51:16,900
I also vote yes.

649
00:51:18,760 --> 00:51:19,200
Passes.

650
00:51:19,200 --> 00:51:23,540
Agenda item number eight, Board of Adjustment Case 24093.

651
00:51:25,280 --> 00:51:30,900
BOA 24093, located at 1570 East 22nd Place, South.

652
00:51:31,180 --> 00:51:37,500
Applicant Joshua Friesenhan is requesting a variance to reduce the 25 foot rear setback in the RS2 district.

653
00:51:38,580 --> 00:51:40,480
The applicant present, oh there we are.

654
00:51:40,880 --> 00:51:40,980
Great.

655
00:51:41,400 --> 00:51:43,440
Name, address and tell us about your case.

656
00:51:43,840 --> 00:51:46,460
Joshua Friesenhan, 921 East 36th Street.

657
00:51:47,360 --> 00:51:47,480
Great.

658
00:51:47,480 --> 00:51:55,380
So we're requesting a variance and is for a rear setback, but project-wise is

659
00:51:55,380 --> 00:52:00,800
basically to attach a patio into the home into an existing accessory building.

660
00:52:01,600 --> 00:52:06,260
So on the elevations there on the right is the existing home that we're

661
00:52:06,260 --> 00:52:10,960
tying the patio into and then on the left is the accessory building that is

662
00:52:10,960 --> 00:52:19,920
actually in that rear setback. And so attaching the patio to both the home and the accessory

663
00:52:19,920 --> 00:52:25,860
building is where we're running into the fact that then it is considered part of the house

664
00:52:25,860 --> 00:52:33,620
structure which would be then in the rear setback. So we're requesting a variance to attach to that

665
00:52:33,620 --> 00:52:38,560
accessory building. The accessory building itself is not going to be altered in any way it's just

666
00:52:38,560 --> 00:52:45,300
simply the attachment and one of the things is the shape of the lot here. It veers back

667
00:52:45,300 --> 00:52:53,640
towards the house and so adding on a patio that is large enough of what you'd find for homes

668
00:52:53,640 --> 00:53:00,900
in this neighborhood. We really start running into accessibility issues and so going to that accessory

669
00:53:01,440 --> 00:53:08,240
structure itself is really as patio space that we need and so that's what we're requesting

670
00:53:08,240 --> 00:53:08,520
for.

671
00:53:11,190 --> 00:53:12,850
Any questions from the applicant?

672
00:53:15,950 --> 00:53:22,130
Is there a hardship that necessitates the connection

673
00:53:22,830 --> 00:53:30,550
and covered patio? The hardship would be the fact that the way the lot sits, we can't

674
00:53:30,550 --> 00:53:36,250
get that patio size by shifting it any further along that house because the way the lot is

675
00:53:36,250 --> 00:53:41,590
actually shaped right there. And so as far as attaching it to the actual structure, I'd

676
00:53:41,590 --> 00:53:49,770
Let's say the hardship isn't necessarily as relevant on that because if not we're going

677
00:53:49,770 --> 00:53:53,570
to have to basically just have it as a detached structure itself.

678
00:53:54,370 --> 00:54:00,330
And so we're really just requesting that we're able to just basically one side is going

679
00:54:00,330 --> 00:54:05,670
to attach it as a gable diving in and the other side is just going to can lever over.

680
00:54:07,270 --> 00:54:11,290
So it's really a matter of a few feet and just a roof line attaching in.

681
00:54:11,290 --> 00:54:14,670
The structure sits well below the accessory billion roof line.

682
00:54:15,090 --> 00:54:18,610
It's surrounded by three privacy fences, haven't heard any.

683
00:54:19,070 --> 00:54:31,270
I'm got any opposition from the neighbors at all and it's not an outdoor patio that you have the 12, 12 pitch on 10 foot wall plates is going to be an instructive structure to the neighbors.

684
00:54:31,630 --> 00:54:36,070
It's simply so that it attaches and you can see that it's actually the garage as it attaches to.

685
00:54:37,290 --> 00:54:58,150
You know during the time the house was built, obviously detached garages were the thing since then off the attached garages have become a thing so using that garage as actual garage use to then go right from the garage into the house without having to go through the snow or rain or something like that is also I think something to consider on it.

686
00:55:00,000 --> 00:55:29,420
This is a fully enclosed patio. It's not, it is not, it's not so on once we can go back to elevations. So, and up a little, okay, so it is open on three, two sides. Yeah, two sides and really on one of the other sides is just an outdoor kitchen there. So we have a lattice fence, which, you know, we'll have about 38 inch wall, and then lattice going to be in there. And then on the other side, the fireplace with the opening on the left and right. And then

687
00:55:29,420 --> 00:55:36,620
on the other side is the outdoor kitchen, so it really will function as an outdoor patio, not an enclosure of any sort.

688
00:55:38,140 --> 00:55:46,200
So it's kicking in the problem on the zoning side is that you are, is it literally just that you are touching the existing building and it is becoming...

689
00:55:46,200 --> 00:55:49,140
It's literally the attachment of the roof to it.

690
00:55:49,380 --> 00:55:56,900
Other than that, we're not impeding on the 25 foot rear setback at all, it's just at which point whenever we attach to it,

691
00:55:56,900 --> 00:56:07,620
That's whenever it's considered competing and so we're not asking that the you know patio be on the where the outdoor kitchen is gets extended into the rear setback or anything like that.

692
00:56:07,760 --> 00:56:18,460
Though the variance we're requesting is for the rear setback really is just so we can attach into that accessory building which isn't going to be altered in any way when attaching to it.

693
00:56:18,780 --> 00:56:21,960
What's so significant about attaching to that garage?

694
00:56:22,500 --> 00:56:31,620
I think the overall feature of it, I think functionality of it is just going to be, it's a lot better to have an attached roof line.

695
00:56:32,280 --> 00:56:33,820
So that the elements aren't coming in.

696
00:56:34,600 --> 00:56:37,480
So basically it looks better, it's a very nice neighborhood.

697
00:56:38,880 --> 00:56:45,620
And I think overall I think it will have a better product for the neighborhood with it being attached.

698
00:56:50,250 --> 00:56:51,110
Any other questions?

699
00:56:53,400 --> 00:56:57,820
Okay, that's it for now. Thank you. Do we have anyone here that would like to speak

700
00:56:57,820 --> 00:57:01,820
on this case? Seeing no hands, we'll move to discussion.

701
00:57:06,200 --> 00:57:06,760
Anyone have thoughts?

702
00:57:09,000 --> 00:57:13,980
I mean, that's self-imposed. You just don't attach to it. You're fine.

703
00:57:21,180 --> 00:57:28,380
Yes, there are no from you, Roz. It's a maybe. Okay, you're on the fence. Let's do this.

704
00:57:28,380 --> 00:57:37,320
know. Yeah, no for you. Yeah, it's just the hardship that is not self-imposed. I still feel that

705
00:57:37,320 --> 00:57:45,260
there's not a clear hardship. So I'm looking at what the hardships are. Okay.

706
00:57:50,480 --> 00:57:52,300
I don't, the

707
00:57:52,300 --> 00:57:56,880
topography was enough of a hardship for me, to be honest, but it looks like I'm probably outnumbered

708
00:57:56,880 --> 00:57:57,220
anyway.

709
00:58:03,620 --> 00:58:09,380
Anybody want to make a motion? Mr. Hale does. I mean we're nominating each

710
00:58:09,380 --> 00:58:14,360
other for motions today. No. Topography was mentioned but I don't see anything

711
00:58:14,360 --> 00:58:21,480
that really shows anything to that degree but I will make a motion. Madam Chair

712
00:58:21,480 --> 00:58:26,200
in Board of Adjustment case 24093 I move to deny a variance to reduce the minimum

713
00:58:26,200 --> 00:58:34,780
I'm on rear set back in the RS-2 district from 25 feet to 0 feet, so the board finds the hardship to be self-imposed.

714
00:58:36,780 --> 00:58:38,300
I have a motion, do I have a second?

715
00:58:38,860 --> 00:58:39,260
Second.

716
00:58:39,840 --> 00:58:41,800
Okay, Ms. Dumas?

717
00:58:42,800 --> 00:58:43,360
Yes.

718
00:58:44,140 --> 00:58:44,940
Ms. Williams?

719
00:58:45,420 --> 00:58:45,560
No.

720
00:58:46,120 --> 00:58:46,680
Mr. Hale?

721
00:58:47,480 --> 00:58:48,040
Yes.

722
00:58:48,780 --> 00:58:50,180
And I also vote no.

723
00:58:50,880 --> 00:58:51,880
What does that mean?

724
00:58:52,700 --> 00:58:56,340
That would be a failed motion, so no action take-in, which?

725
00:58:57,960 --> 00:59:05,880
Yeah. No action taken. Okay. So not approved. Okay. Thank you. Moving on to agenda item

726
00:59:05,880 --> 00:59:08,880
number nine, Board of Adjustment Case 24094.

727
00:59:11,180 --> 00:59:14,020
Be Hill A. Oh, sorry. Point of clarification

728
00:59:14,020 --> 00:59:20,720
here. So we haven't run into that yet. So if it if a motion just doesn't pass then. Yeah.

729
00:59:20,860 --> 00:59:26,120
If the board fails to take action, then there's no approval granted. It's neither approved

730
00:59:27,540 --> 00:59:37,060
Okay. In order to approve, you need three yeses or you need to. So if you deny, deny

731
00:59:37,060 --> 00:59:42,000
it's three yeses, then the denial is approved. Here you made a motion, what did you mean?

732
00:59:42,140 --> 00:59:44,000
Motion to deny?

733
00:59:44,100 --> 00:59:48,040
Deny, but you only had two. So that motion to deny was not approved.

734
00:59:48,600 --> 00:59:51,120
So it just sort of was not approved in general?

735
00:59:52,020 --> 00:59:59,400
Well, the denial was not approved and you also did not, but you didn't make a motion to

736
00:59:59,400 --> 00:59:59,640
approved.

737
01:00:00,000 --> 01:00:04,380
Okay, so the denial is not approved.

738
01:00:07,440 --> 01:00:11,460
Well, I mean, should we give them the chance of continuing to next time when

739
01:00:11,460 --> 01:00:15,080
to mosses were here because that could be a tiebreaker?

740
01:00:17,660 --> 01:00:20,920
It's a board's option. You can still take that motion. Yeah.

741
01:00:20,920 --> 01:00:28,840
Because if no action, if we take no action, then what happens to the application, does

742
01:00:28,840 --> 01:00:33,360
it remain open?

743
01:00:35,100 --> 01:00:42,520
I mean, he hasn't gotten the relief he wanted, so it's not approved.

744
01:00:43,660 --> 01:00:52,520
And in some cases sometimes the board will make follow-up a split motion like this,

745
01:00:52,720 --> 01:00:58,100
they'll make a motion to approve, and that would be clear about whether it was approved or not.

746
01:01:01,310 --> 01:01:02,090
Got it.

747
01:01:03,610 --> 01:01:08,310
Well, so at this point, would you like to come back up to discuss the options?

748
01:01:12,780 --> 01:01:15,860
I realized I was going to start discussing them, but you have to get the microphone.

749
01:01:15,860 --> 01:01:16,560
So

750
01:01:22,160 --> 01:01:32,980
we have a split vote here clearly so we could take the second vote and then that would also be denied because neither way, you know, we don't have three going either direction.

751
01:01:33,460 --> 01:01:44,140
Would you like to entertain a continuance and come back and talk about the topography or hardship to see if the third, the fifth member of our board?

752
01:01:44,580 --> 01:01:47,260
Can we discuss the topography at all now?

753
01:01:48,340 --> 01:01:50,020
I think we're done here.

754
01:01:50,300 --> 01:01:58,240
I think everybody's made their votes today, but you would have a chance to come back another time and hopefully have a full board.

755
01:01:59,680 --> 01:02:02,100
Would all the application fees on that still apply?

756
01:02:02,640 --> 01:02:04,560
Yeah, your application stays open.

757
01:02:04,880 --> 01:02:16,720
If the board motions and approves a continuous today to their next meeting, you would just come back at their next meeting and we'll hope the fifth board member is here for that meeting so that you would have an additional board member to consider your application.

758
01:02:16,720 --> 01:02:20,260
Okay, you just want to just want to be conscious that yeah, you'll just be out more time

759
01:02:21,000 --> 01:02:26,880
Unfortunately, yeah, yeah, which right before fall. Yeah, not great. I get it. Yeah, yeah sure

760
01:02:26,880 --> 01:02:29,740
We'll go ahead and continue the motion on that okay, so our next

761
01:02:30,560 --> 01:02:32,520
Next meeting would be September 16th

762
01:02:33,460 --> 01:02:35,400
September 16th hang on let me double check that

763
01:02:35,980 --> 01:02:36,840
That's the wrong day

764
01:02:38,960 --> 01:02:45,820
That's a that's when the planning commission means hey hard me get my calendars confused. You've got lots of meetings. I bet okay

765
01:02:45,820 --> 01:02:48,320
Okay, take that back. September 22nd.

766
01:02:48,400 --> 01:02:49,400
September 22nd.

767
01:02:49,480 --> 01:02:49,720
Okay.

768
01:02:50,380 --> 01:02:51,380
We need an emotion for that.

769
01:02:51,500 --> 01:02:51,980
Yes, we do.

770
01:02:53,840 --> 01:02:57,680
Madam Chair, I'm on board of adjustment case,

771
01:02:57,840 --> 01:02:58,880
24, 09, 3.

772
01:02:59,280 --> 01:03:04,000
I make a motion to continue to the next four hearing.

773
01:03:05,260 --> 01:03:05,660
Second.

774
01:03:06,760 --> 01:03:07,580
And that would be the date,

775
01:03:07,580 --> 01:03:09,220
would be September 22nd for that.

776
01:03:10,040 --> 01:03:12,800
All those that approve, Ms. Dumas?

777
01:03:13,620 --> 01:03:14,020
Yes.

778
01:03:14,660 --> 01:03:15,140
Ms. Williams.

779
01:03:15,140 --> 01:03:21,580
Yes, Mr. Hale. Yes. I also vote yes. Your case is continued until September 22nd. Okay, sounds good. Thank you

780
01:03:22,780 --> 01:03:28,240
Okay, so now we are moving on to agenda item number nine board of just in case two four zero nine four

781
01:03:29,000 --> 01:03:34,820
BOA two four zero nine four location is three two one five east sixty-first street south

782
01:03:34,820 --> 01:03:41,400
Applicant Joshua Friesenhan is requesting a special exception to permit an assisted living facility in the RS-1 district

783
01:03:44,830 --> 01:03:50,590
Okay name address for both of you and tell us a little bit about the case and actually

784
01:03:50,590 --> 01:03:54,930
before we start we have quite a few that want to speak today so should we go ahead and

785
01:03:54,930 --> 01:04:01,630
lay some yeah so before we start. As of right now we have 22 people signed

786
01:04:01,630 --> 01:04:05,870
in to speak. If you have not signed in to speak and you wish to please go to the front desk

787
01:04:05,870 --> 01:04:10,570
and make sure you've provided your information. Usually on meetings like on cases like this

788
01:04:10,570 --> 01:04:14,430
where we have a lot of speakers, we're going to call speakers individually from the sign-in sheet.

789
01:04:14,710 --> 01:04:16,070
So make sure your name is on the sheet.

790
01:04:16,690 --> 01:04:19,290
And then the chair will set time limits. So.

791
01:04:19,910 --> 01:04:20,390
Three minutes.

792
01:04:20,970 --> 01:04:21,130
Yeah.

793
01:04:21,470 --> 01:04:22,490
Three minutes each.

794
01:04:22,490 --> 01:04:23,090
With this money.

795
01:04:23,410 --> 01:04:25,730
Yeah, each speaker will be given three minutes to speak.

796
01:04:26,010 --> 01:04:27,470
We will keep time up here.

797
01:04:27,690 --> 01:04:29,370
And we'll let you know when you have 30 seconds remaining.

798
01:04:29,650 --> 01:04:30,850
And then tell you when your time is up.

799
01:04:30,970 --> 01:04:33,710
We ask that you please stop speaking at the time your time is up.

800
01:04:33,750 --> 01:04:36,210
So we make sure everyone is given time to speak.

801
01:04:37,270 --> 01:04:38,150
Is that cover everything?

802
01:04:38,150 --> 01:04:40,490
I think so. The applicant gets a little bit more time.

803
01:04:41,370 --> 01:04:44,930
I think typically we give the applicant maybe five minutes to present their case.

804
01:04:45,430 --> 01:04:47,710
And then you would have rebuttal time at the end as well.

805
01:04:48,150 --> 01:04:50,070
So you'd have ten, let's say.

806
01:04:50,650 --> 01:04:54,490
The other thing I'll say, many of you probably have the same talking points.

807
01:04:54,690 --> 01:04:59,890
It is totally fine to concede your time and say I agree with the points that have already been said.

808
01:05:00,000 --> 01:05:29,940
We keep a tally of how many are here for or against. And that helps us move along. Please, please do not come up here and just repeat the same comments. If you have something new to say, please come and add it. If not, tell us that you agree with, you know, a speaker before you and let's move on. Okay. You may go applicant. Hello. My name is Tammy Lupin. My address is 1711. Sal State Lewis here in Tulsa. And I'm proposing that we, that you approve an exception to a

809
01:05:29,940 --> 01:05:36,380
additional four occupants to a single residency home in RS1 district, which we'll talk about just a minute.

810
01:05:37,300 --> 01:05:43,840
I want to tell you about myself, my parent, my mom, and I have worked together in healthcare industry for 20 years

811
01:05:43,840 --> 01:05:53,180
plus she's a nurse. This step that we're taking as an assisted living home is literally a home where we take care of seniors.

812
01:05:53,180 --> 01:05:53,340
years.

813
01:05:53,740 --> 01:05:58,360
We have done this in our own home with my personal family, with our in-laws, and saw the

814
01:05:58,360 --> 01:06:02,840
value that that created for them and for us because we were together in a community.

815
01:06:03,520 --> 01:06:08,080
We'd like to bring that to a larger scale, which is what we're doing here.

816
01:06:09,280 --> 01:06:15,420
The elder population is growing faster today than any other segment in our population.

817
01:06:15,680 --> 01:06:20,740
We know there's a need for elder housing, for caring, for individuals who are no longer

818
01:06:20,740 --> 01:06:23,560
are able to do independent living on their own.

819
01:06:24,240 --> 01:06:27,900
Just until so itself, we recorded in the U.S. census

820
01:06:27,900 --> 01:06:33,140
that 75 and up age group is at 44,832.

821
01:06:34,640 --> 01:06:39,740
According to the Oklahoma State assisted living bed counts

822
01:06:40,600 --> 01:06:42,760
1,040.

823
01:06:43,360 --> 01:06:46,880
There's gonna be a continued need for assistance

824
01:06:46,880 --> 01:06:49,220
with activities of daily living

825
01:06:49,220 --> 01:06:55,460
and a demand has been created for group homes in a residential setting.

826
01:06:56,620 --> 01:07:00,440
We are members of the residential assisted living nation,

827
01:07:01,700 --> 01:07:06,020
association, national association, and the Oklahoma Senior Living Association.

828
01:07:06,660 --> 01:07:11,120
We know that this is a setting that is best for our seniors.

829
01:07:11,520 --> 01:07:14,920
It is not an institution. We are not creating an institution.

830
01:07:14,920 --> 01:07:20,200
It is a home, and it will feel like a home, smell like a home, look like a home.

831
01:07:20,600 --> 01:07:25,980
Everything in this environment is created to be a warm space for them to call home.

832
01:07:26,380 --> 01:07:27,780
That's where they're the most comfortable.

833
01:07:28,120 --> 01:07:32,580
The age and place is to be able to stay in an environment that is most home like.

834
01:07:34,020 --> 01:07:37,960
Josh is my developer, contractor, worker alongside with this.

835
01:07:38,540 --> 01:07:43,180
He'll tell you a little bit about the home, and then I can say why we're choosing this

836
01:07:43,180 --> 01:07:44,820
Tell them which side to say why first?

837
01:07:45,660 --> 01:07:54,940
Let's go ahead and go through, we pulled the site plan on this because I think that that's going to address some of the questions about being approached by remote health.

838
01:07:55,920 --> 01:08:10,380
If we can go to the site plan on this, because I think this is going to be a good depiction on why this is going to stay within a single family residence harmony is the, they have a private entrance coming off.

839
01:08:10,380 --> 01:08:14,840
Basically, the main street, you take a turn into the neighborhood and there is a circle

840
01:08:14,840 --> 01:08:18,640
drive that actually exits back on to 61st Street there.

841
01:08:19,560 --> 01:08:24,640
So that's been deemed the visitor's entrance or emergency entrances and you don't have

842
01:08:24,640 --> 01:08:27,140
to go through the neighborhood to access that.

843
01:08:27,440 --> 01:08:30,800
You simply turn in and it's your first turn once you enter that neighborhood on the right

844
01:08:30,800 --> 01:08:33,600
and then it goes right on to 61st Street there.

845
01:08:34,380 --> 01:08:40,540
The second thing is that there is fenced in parking along the back side that actually

846
01:08:40,540 --> 01:08:48,240
has a privacy gate, that that's where all day-to-day traffic as far as staff goes is going

847
01:08:48,240 --> 01:08:48,620
to be parked.

848
01:08:49,000 --> 01:08:52,260
So we're not going to have any kind of parking along that street.

849
01:08:53,040 --> 01:08:56,220
I think that's going to be different than any other single-family residents.

850
01:08:56,940 --> 01:09:02,580
Also on the outside is going to maintain the single-family residence appearance.

851
01:09:02,580 --> 01:09:10,840
So it's going to, you know, basically do a little bit of an exterior work on it, but it's not going to change as far as wall heights go.

852
01:09:11,360 --> 01:09:19,800
We're not changing the roof lines on it, anything like that. So as far as appearance goes, it will appear basically as it does now as a single-family residence.

853
01:09:22,230 --> 01:09:31,330
So in looking at some of the goals that the Oklahoma multi-sector plan has for seniors, one of these is to provide more housing for seniors.

854
01:09:31,330 --> 01:09:37,050
And this is a small part to do in this, but again, we're not doing a huge institution.

855
01:09:37,370 --> 01:09:42,290
We don't want to make a facility, we want to place it feels like a home, and it supports

856
01:09:42,290 --> 01:09:45,250
the needs that they have for their daily living.

857
01:09:46,130 --> 01:09:50,130
The footprint that we found here was surprisingly large for a home.

858
01:09:50,610 --> 01:09:52,650
It's over 5,000 square feet.

859
01:09:53,550 --> 01:09:59,250
We would use the garage as part of our space and then build on a garage as needed because

860
01:09:59,250 --> 01:09:59,630
is it?

861
01:10:00,000 --> 01:10:29,580
I don't think it's even used right now, actually. It's been converted. But in this space, it would give our residents our people that get to stay with us over 400 square feet per person. So this is not, we're not smushing them. They have individual rooms, individual bathrooms. We're giving them accommodations that are private, that are safe, that are comfortable for them and not fitting into a small box. So my one in my home, our parents shared a bedroom.

862
01:10:29,580 --> 01:10:31,460
They were totally comfortable with that.

863
01:10:31,760 --> 01:10:32,780
Our kids shared bedrooms.

864
01:10:33,240 --> 01:10:37,300
We're not doing that here unless a couple needs to move in or something like that.

865
01:10:37,840 --> 01:10:43,520
So the exception for the additional four, there's already eight occupants that can occupy

866
01:10:43,520 --> 01:10:44,900
a single residency home.

867
01:10:45,200 --> 01:10:50,520
We're requesting an additional four to be able to meet the needs of some of the upcoming

868
01:10:50,520 --> 01:10:51,760
population changes.

869
01:10:59,160 --> 01:11:00,620
Do you have any questions from?

870
01:11:01,220 --> 01:11:02,360
Any questions from the board?

871
01:11:03,740 --> 01:11:07,520
How much staff will be on site at each point in time?

872
01:11:08,380 --> 01:11:13,720
So as far as staff goes, it's our caregivers who will be hands-on with our residents in

873
01:11:13,720 --> 01:11:16,140
the home that live in their home, that is their home.

874
01:11:16,760 --> 01:11:19,720
So there will be two on site at all times.

875
01:11:20,180 --> 01:11:24,680
There might be an additional administrator who will be in and out overseeing who's an oversight.

876
01:11:25,260 --> 01:11:30,580
We'll have a dietitian nutritionist who will give us plans, but our caregivers will be

877
01:11:30,580 --> 01:11:35,160
doing the menus and the cooking and things like that. So we'll have support staff but

878
01:11:35,160 --> 01:11:37,560
they're not necessarily in the home all the time.

879
01:11:38,500 --> 01:11:41,400
So at any given point in time, how much staff will be on?

880
01:11:42,300 --> 01:11:50,960
At any given point between two to four possibly, if there's an extra somebody who needs to take

881
01:11:50,960 --> 01:11:54,860
care of something in particular that you know wasn't necessarily counting for.

882
01:11:56,980 --> 01:12:03,340
So, as far as deliveries go, that's not any different than any normal home and maybe

883
01:12:03,340 --> 01:12:03,780
less.

884
01:12:04,640 --> 01:12:07,400
Seniors at this point are not shopping online.

885
01:12:07,600 --> 01:12:11,980
We're not going to have an excessive car, Amazon people, bringing in delivery things to

886
01:12:11,980 --> 01:12:12,360
the house.

887
01:12:13,220 --> 01:12:17,800
We will have our own supplies that we will pick up and take in, or we might have something

888
01:12:17,800 --> 01:12:21,560
delivered, but it will be a bolt for whatever we need at that time.

889
01:12:22,660 --> 01:12:30,800
The traffic that may be coming into the home is maybe expected to be more, but in general

890
01:12:30,800 --> 01:12:34,020
assisted living homes have a lower traffic volume.

891
01:12:34,680 --> 01:12:39,000
They're generally not driving because they need help with their daily living skills.

892
01:12:39,500 --> 01:12:44,180
It's the cooking and the bathing and the cleaning and the housekeeping around them and make

893
01:12:44,180 --> 01:12:49,220
you sure that they're safe in a place where they're not going to be falling very often.

894
01:12:49,220 --> 01:12:54,060
The monitoring systems that will be in place will keep them safe where they're at.

895
01:12:54,920 --> 01:13:02,980
So we have our modifications to our grounds, wherever they're walking, are safe.

896
01:13:03,180 --> 01:13:04,280
They're widened.

897
01:13:04,360 --> 01:13:04,860
They're smooth.

898
01:13:05,720 --> 01:13:06,520
We've got a ramp.

899
01:13:06,520 --> 01:13:08,680
There's one spot that has a little bit of a raise.

900
01:13:08,680 --> 01:13:15,020
It'll be a nice large wide ramp that will be totally ADA compliant and it will make it

901
01:13:15,020 --> 01:13:19,880
easy for them to move around in the home without having to shuffle as they go

902
01:13:19,880 --> 01:13:26,080
through. The other thing is the enhancement of the property. We are not changing

903
01:13:26,080 --> 01:13:30,820
the exterior or the footprint of this home. We're not adding any extra

904
01:13:30,820 --> 01:13:35,220
spaces to this home because we need to fit more. We're using what the current

905
01:13:35,220 --> 01:13:39,880
footprint is and then we're going to beautify it. We don't want a home that just

906
01:13:39,880 --> 01:13:44,280
looks normal for our residents. This is their home and we care for that. So it will

907
01:13:44,280 --> 01:13:49,520
be beautified, we will have manicured landscape, we will have lawn care that is regular and

908
01:13:49,520 --> 01:13:52,740
we will keep it maintained and manicured, looking nice for our neighbors.

909
01:13:53,220 --> 01:13:57,360
Because we want it to look good in the neighborhood, we want our neighborhood to be proud of

910
01:13:57,360 --> 01:14:00,500
having this as well, because we're at the front of the street.

911
01:14:00,980 --> 01:14:06,680
We're going to be seeing and we want them to know that we take care of what we have in

912
01:14:06,680 --> 01:14:06,980
our home.

913
01:14:11,290 --> 01:14:14,230
I want to add one more thing to that is construction wise.

914
01:14:14,710 --> 01:14:17,350
The plan is for a complete interior remodel.

915
01:14:18,170 --> 01:14:24,230
I mean, everything that's in there, the house is basically going to come down to studs, moved around a little bit,

916
01:14:24,310 --> 01:14:25,770
and then everything in there is going to be new.

917
01:14:26,410 --> 01:14:29,890
So, as far as the appraisal of the home and the home value itself,

918
01:14:30,370 --> 01:14:34,210
that's going to be increasing with this project.

919
01:14:34,610 --> 01:14:39,950
It's not just moving in there, doing simple little few fixes as cheap as possible,

920
01:14:39,950 --> 01:14:41,410
and get people in there.

921
01:14:42,230 --> 01:14:43,930
There's actually going to be a very extensive remodel,

922
01:14:44,150 --> 01:14:47,250
and like I said, to add the value to that home,

923
01:14:47,370 --> 01:14:49,290
the property value will actually increase

924
01:14:49,290 --> 01:14:50,790
by doing this to that property.

925
01:14:54,690 --> 01:14:56,450
Have you made an attempt to speak

926
01:14:56,450 --> 01:14:58,750
with the neighborhood about this before today?

927
01:14:59,530 --> 01:14:59,970
I...

928
01:15:00,000 --> 01:15:29,480
In planning for all this, they're talking through this state of Oklahoma and the licensure. It requires a lot of pre-happening before the licensure even comes. And then finding this house and purchasing it, we knew that eight would be normal, and that four would be the special use permit. Well, for the size of this house, it didn't seem like we were going to need that much conversation. In my opinion, this is what we thought, for what we're trying to do.

929
01:15:29,480 --> 01:15:32,240
They don't know our heart, they don't know what we're trying to do.

930
01:15:32,560 --> 01:15:37,320
And so coming here to try to explain is helpful and that they're here to listen is really

931
01:15:37,320 --> 01:15:38,900
very helpful for us too.

932
01:15:40,100 --> 01:15:43,560
From where we're coming from it is helpful and it is a labor of love.

933
01:15:43,740 --> 01:15:49,600
It is something that we want to provide for this population that isn't as common right

934
01:15:49,600 --> 01:15:49,800
now.

935
01:15:51,000 --> 01:15:56,080
I do know there has been some opposition from the neighborhood and I think in mentioning

936
01:15:56,080 --> 01:15:56,460
that.

937
01:15:56,460 --> 01:16:04,160
and then also see in the FOX 23. There's going to be some miscommunication about the one the size of the facility to the fact that

938
01:16:04,160 --> 01:16:07,340
you know there's even a looted to that this was going to have to require a full

939
01:16:07,800 --> 01:16:12,720
re-zone and a commercial property which obviously isn't the case there

940
01:16:13,440 --> 01:16:18,260
and then also I think as far as traffic goes noise goes things like that that

941
01:16:19,800 --> 01:16:26,180
was almost a looted to that it'd be adding onto it's actually it's going to be a very quiet house and as far as being within

942
01:16:26,460 --> 01:16:28,280
Harmony of a single-family residence,

943
01:16:28,920 --> 01:16:30,400
and he's going to check all those boxes.

944
01:16:31,400 --> 01:16:33,380
So I know this is going to be assisted living home,

945
01:16:33,580 --> 01:16:35,720
but again, as far as a special exception goes,

946
01:16:35,980 --> 01:16:38,520
staying within harmony of that single-family residence,

947
01:16:38,920 --> 01:16:41,380
look, appearance, functionality,

948
01:16:42,000 --> 01:16:43,560
it's going to check all those boxes.

949
01:16:46,360 --> 01:16:47,700
Okay, any other questions?

950
01:16:48,920 --> 01:16:54,040
Yes, I have questions about some of the numbers

951
01:16:54,660 --> 01:16:55,960
that are in the application

952
01:16:55,960 --> 01:16:57,380
and that you've talked about today.

953
01:16:58,340 --> 01:17:02,040
In some places on the applications it says it refers

954
01:17:02,040 --> 01:17:05,000
to the number of residents and so the number of people.

955
01:17:05,680 --> 01:17:10,140
But then in some cases it refers to the number of residences

956
01:17:10,500 --> 01:17:14,620
which I assume to mean rooms.

957
01:17:15,780 --> 01:17:20,180
And so like are you maybe just a type of honestly,

958
01:17:21,300 --> 01:17:22,460
just number of residents.

959
01:17:22,460 --> 01:17:28,940
Yes. Okay. And so how many rooms will be available in your current plans?

960
01:17:29,740 --> 01:17:34,100
Ten rooms with two rooms holding two occupancy. Okay.

961
01:17:34,420 --> 01:17:36,020
Let me have a couple moving in.

962
01:17:39,180 --> 01:17:42,860
So eight rooms will be single occupancy

963
01:17:44,480 --> 01:17:48,800
and two of the rooms will be a double occupancy. Correct. Okay.

964
01:17:48,800 --> 01:17:53,960
Okay. And then, so there's 12 people, not 12 rooms.

965
01:17:54,380 --> 01:17:54,800
Correct.

966
01:17:55,160 --> 01:18:05,280
Okay. And so with the caretakers, you're saying anywhere between two to four people, like any given time.

967
01:18:05,900 --> 01:18:12,220
And it could be for 20 minutes, it could be for 45 minutes. It's not going to be hours on end. Sorry.

968
01:18:12,860 --> 01:18:18,960
okay so let's if I'm just doing some quick sketches to say three people so we

969
01:18:18,960 --> 01:18:23,360
have twelve people plus three people and then I imagine all the residents will

970
01:18:23,360 --> 01:18:27,460
also be able to have visitors like family members who are coming to see them

971
01:18:27,460 --> 01:18:34,200
yeah okay and so that could be but the caregivers do not live there right

972
01:18:34,200 --> 01:18:39,660
they're not living right in the space and they're as far as their room and

973
01:18:39,660 --> 01:18:43,220
where they're going to habitat, they're there to just take care.

974
01:18:43,980 --> 01:18:44,200
Okay.

975
01:18:44,300 --> 01:18:44,980
Oversea, yeah.

976
01:18:45,380 --> 01:18:45,460
Cool.

977
01:18:45,800 --> 01:18:49,840
But I just wanted to make sure that the later house kicker, the cleaner, would come in,

978
01:18:50,560 --> 01:18:53,280
do things in the home, and then move through.

979
01:18:53,780 --> 01:18:54,000
Okay.

980
01:18:54,440 --> 01:18:58,680
I just want to make sure I'm understanding the numbers before we start to hear a lot of

981
01:18:58,680 --> 01:19:03,440
other testimonies, and so just want to make sure that's laid out clear, thank you.

982
01:19:07,000 --> 01:19:12,080
I do have some images of other homes that are residential assisted living homes.

983
01:19:12,720 --> 01:19:15,720
If you'd like to see that they do look like homes.

984
01:19:16,020 --> 01:19:17,440
This isn't something that's unusual.

985
01:19:18,040 --> 01:19:18,760
They're all over the community.

986
01:19:19,100 --> 01:19:19,900
Please give this to her.

987
01:19:21,100 --> 01:19:21,680
You'll see that.

988
01:19:22,820 --> 01:19:27,620
There are a cross-pination and so it's not a brand new concept.

989
01:19:28,340 --> 01:19:33,120
At one time they were considered many assisted livings and so that's kind of changed the way

990
01:19:33,120 --> 01:19:37,840
that's looked and then it's gone into the big mocks facility and institution type

991
01:19:37,840 --> 01:19:38,220
field.

992
01:19:44,340 --> 01:19:48,160
Any other questions? Okay, thank you so much.

993
01:19:48,340 --> 01:19:54,760
Thank you. Thank you. Before we get started with speakers, I will note I've counted. Do

994
01:19:54,760 --> 01:19:59,500
we have 56? Correct me if I'm wrong. Staff, but 56 letters of opposition.

995
01:20:00,000 --> 01:20:31,270
I did not see any that were four. So you actually had eight already included in your packet and 56 additional that came in after the packet was published. So in total, we had 64 letters. Okay. So I'll just say that to the speakers that are here today. If you have already written a letter, we have that you were one of the 64 and we have your specifics of your opposition. So again, keep that in mind if we want to concede time and move forward with that.

996
01:20:31,270 --> 01:20:37,650
But I will turn it over to the city staff to figure out who speaks first.

997
01:20:38,550 --> 01:20:40,510
First speaker is Bob Keim.

998
01:20:41,090 --> 01:20:47,930
I represent numerous of the residents, James A. Sparris, 401 South, Boston, Tulsa, Oklahoma.

999
01:20:48,590 --> 01:20:54,130
It might be efficient, I mean this group is kind of organized, and so if I could speak

1000
01:20:54,130 --> 01:20:59,550
first and then introduce another speaker who is organized, I think, with the thoughts

1001
01:20:59,550 --> 01:21:04,710
of the group. I think that might improve the efficiency of the presentation. Does that

1002
01:21:04,710 --> 01:21:07,830
make sense? How many would that cut that number down to?

1003
01:21:08,250 --> 01:21:13,330
Excuse me? How many, so you mentioned two that represent a group, a collective if you

1004
01:21:13,330 --> 01:21:19,050
will. How many would that cut out? I would, well, that's a good question, I think.

1005
01:21:19,210 --> 01:21:21,410
So you don't know until you, they hear you speak?

1006
01:21:21,410 --> 01:21:32,070
majority of them, frankly. Russell Jacobson is also a resident adjacent to this application

1007
01:21:32,530 --> 01:21:38,950
and he's got the facts. This is a matter of obviously the law applied to the facts.

1008
01:21:39,370 --> 01:21:45,670
So we already gave him one second and the board agree with going out of order or city, would

1009
01:21:45,670 --> 01:21:46,130
you guys?

1010
01:21:46,130 --> 01:21:48,610
Yeah, I mean, we can have him speak first.

1011
01:21:49,170 --> 01:21:51,930
He's really only the second person in line anyway.

1012
01:21:52,270 --> 01:21:55,090
So, yeah, we'll recognize Mr. Ferris.

1013
01:21:55,310 --> 01:21:58,550
And we will allow it, Mr. Ferris, your three minute starts now.

1014
01:21:58,830 --> 01:22:01,190
Thank you, appreciate that, and appreciate your time.

1015
01:22:01,650 --> 01:22:04,930
This obviously has created a lot of oppositions.

1016
01:22:04,930 --> 01:22:07,110
You could see from the communications to the board.

1017
01:22:08,130 --> 01:22:13,450
You know, the legal issues are obviously clear, although they're not very precise.

1018
01:22:14,330 --> 01:22:18,990
Obviously, it's a project that's got to be in harmony with the spirit and

1019
01:22:18,990 --> 01:22:19,750
tent of the code.

1020
01:22:19,950 --> 01:22:22,950
You'll have to judge that based on what you're hearing today.

1021
01:22:23,630 --> 01:22:25,610
And the second, not being serious to the neighborhood.

1022
01:22:26,130 --> 01:22:29,390
I think you'll hear that from the comments today also.

1023
01:22:29,990 --> 01:22:37,590
So I think one of the things that probably most will mention is a traffic on 61st Street.

1024
01:22:37,990 --> 01:22:40,270
I'm assuming you all use 61st Street.

1025
01:22:40,270 --> 01:22:44,410
It's dangerous in the area of this facility or proposed facility.

1026
01:22:44,830 --> 01:22:51,590
It winds around because visiting my clients in the area, it's scary to get out on 61st

1027
01:22:51,590 --> 01:22:54,050
Street because they're coming around the curve, you can't see it.

1028
01:22:54,570 --> 01:23:02,170
So Russell Jacobson, as I said, will address the specific factual issues that have been identified

1029
01:23:02,790 --> 01:23:06,270
by the group that is met regarding the opposition's project.

1030
01:23:06,270 --> 01:23:16,350
So I'd like Mr. Jacobson, if nobody objects to also make a presentation as to the facts relating to this and I think he would

1031
01:23:16,350 --> 01:23:21,490
cannot eliminate a lot of the other speakers being thought to need to speak.

1032
01:23:22,130 --> 01:23:22,810
Thank you.

1033
01:23:23,770 --> 01:23:24,290
Okay.

1034
01:23:26,670 --> 01:23:27,810
Mr. Jacobson?

1035
01:23:28,210 --> 01:23:28,570
Yes.

1036
01:23:28,790 --> 01:23:30,150
Okay, yes, good afternoon.

1037
01:23:31,050 --> 01:23:37,370
And I have a feeling that a lot of the people that are signed up on the sheet, maybe just signed in because they thought they had to

1038
01:23:37,370 --> 01:23:41,670
I'm not sure that everyone that signed in was intending to speak.

1039
01:23:42,310 --> 01:23:45,650
So let me, I'll just say, I'll go, we'll still go down the list.

1040
01:23:45,910 --> 01:23:49,970
If anyone at any point decides they don't want to speak anymore, just wave me off,

1041
01:23:49,990 --> 01:23:53,290
and I'll go to the next person in line, but we'll make sure everybody gets their opportunity.

1042
01:23:53,710 --> 01:23:54,570
So, okay, great.

1043
01:23:54,790 --> 01:23:56,870
And Mr. Jacobson, if you could start with your name and address?

1044
01:23:57,090 --> 01:24:02,110
Yes, yes, I'm Russell Jacobson, I live at 3137 East 64th Street in Tulsa.

1045
01:24:02,270 --> 01:24:05,870
I live right across 59th Street from the subject property.

1046
01:24:05,870 --> 01:24:16,690
So I'm kind of a next-door neighbor, just real and I timed myself on this and quite frankly it's beyond three minutes, but I will do the best that I can to get through this.

1047
01:24:18,450 --> 01:24:26,090
Before I get started with that opposition, I'd like for you to know and the applicant did point out that there has been no communication from them.

1048
01:24:26,490 --> 01:24:34,290
We really had no idea exactly what was happening there until the yellow signs went up in the front yard and we received a notice from the city.

1049
01:24:34,290 --> 01:24:40,490
So we've had very little time to fully understand and grasp all the parties that are involved.

1050
01:24:41,010 --> 01:24:45,950
We were confused by the application because the record title holder of the land is different

1051
01:24:45,950 --> 01:24:53,090
from the owner that's indicated on the application, and we didn't know who the applicant was either.

1052
01:24:53,930 --> 01:24:59,050
That was a little, obviously that became clear as we learned a little bit more about it.

1053
01:25:00,880 --> 01:25:28,840
The residents has been unoccupied for some time. We assumed as neighbors that, like a lot of the other properties in the addition, someone would come in by the property, fix it up, upgrade it, sell it, it would be to the benefit of everyone. They would make money. The land owners would not be hurt, the residents would not be hurt, and we would just go on about our business. That obviously is not what is taking place here. As you all know, there are two prongs.

1054
01:25:29,980 --> 01:25:36,040
Mr. Ferris has already touched on the one regarding that this be in the spirit and the harmony of the code.

1055
01:25:36,600 --> 01:25:41,020
And then of course the other is that this not be injurious to the neighborhood.

1056
01:25:41,620 --> 01:25:45,960
I'm going to touch on the injurious part first in speaking.

1057
01:25:49,460 --> 01:25:55,800
The burden lies with the applicant to establish that the exception will not be injurious to the neighborhood.

1058
01:25:55,800 --> 01:26:01,680
The app clearly fails to carry this burden and assisted living operation housing multiple

1059
01:26:01,680 --> 01:26:03,460
residents is not a quiet household.

1060
01:26:04,180 --> 01:26:09,020
It is an active facility with an active logistics network to support its residents.

1061
01:26:09,560 --> 01:26:15,180
32, 15 years, 61st is a highly visible corner lot surrounded by two dead end streets with

1062
01:26:15,180 --> 01:26:16,560
very small cul-de-sacs.

1063
01:26:17,160 --> 01:26:22,660
These are odd little cul-de-sacs and those two dead end streets, it's almost impossible

1064
01:26:22,660 --> 01:26:24,980
to turn around when you go back into the neighborhood.

1065
01:26:26,840 --> 01:26:32,300
In fact, if you do pull in, you usually have to do a three point turn to get back out.

1066
01:26:32,660 --> 01:26:34,560
Fire truck is not going to be able to get back out.

1067
01:26:34,700 --> 01:26:37,140
They're going to have to back out onto 61st Street.

1068
01:26:39,820 --> 01:26:47,320
The dead end street that's directly behind the proposed facility where the rear driveway entry is located is only 20 feet wide.

1069
01:26:47,320 --> 01:26:52,020
significantly narrower than the standard 26 foot with a typical neighborhood street.

1070
01:26:52,780 --> 01:26:57,520
Even a first responder, like I said, will have no choice but to back out.

1071
01:26:58,760 --> 01:27:03,300
The commercial operation will require vehicular traffic and parking for staff.

1072
01:27:03,860 --> 01:27:10,560
Overlapping shift workers, nurses, doctors, physical therapists, laundry services, food delivery trucks, and family members.

1073
01:27:10,560 --> 01:27:20,380
The necessary high volume of operational traffic to continuously transition in and out of this residence will create an immediate traffic hazard and a bottleneck.

1074
01:27:20,660 --> 01:27:29,060
This congestion is a critical safety hazard during emergency situations, directly compromising access for fire trucks and immediate neighborhood residents.

1075
01:27:29,880 --> 01:27:35,660
Our neighborhood has many walkers, runners and cyclists, both adults and children.

1076
01:27:35,660 --> 01:27:40,540
I personally walk every day and have seen many people that utilize those subject

1077
01:27:40,540 --> 01:27:43,180
streets for their exercise during daylight and dark.

1078
01:27:43,540 --> 01:27:45,340
We have no sidewalks in the neighborhood.

1079
01:27:46,220 --> 01:27:49,520
The increase continuous traffic should I keep going?

1080
01:27:50,240 --> 01:27:52,160
I'll give you my three minutes.

1081
01:27:52,400 --> 01:27:52,900
She can have mine.

1082
01:27:53,960 --> 01:27:54,680
Keep going.

1083
01:27:54,960 --> 01:27:57,200
Thank you, thank you, thank you, thank you.

1084
01:27:57,540 --> 01:27:59,320
We have no sidewalks in the neighborhood.

1085
01:27:59,820 --> 01:28:04,140
So, therefore, you know, you have to walk in the streets, run in the streets, cycle in the streets.

1086
01:28:04,140 --> 01:28:13,940
The increased continuous traffic from this proposed commercial enterprise will certainly create safety issues for everyone walking, running and cycling.

1087
01:28:15,620 --> 01:28:22,820
The proposed facility also poses a safety issue by creating an attractive target for criminal activity.

1088
01:28:23,320 --> 01:28:26,900
The proposed drawings include storage closets for medicine for the residents.

1089
01:28:26,900 --> 01:28:31,200
As we see in pharmacy, drug theft and robbery is a real issue.

1090
01:28:31,620 --> 01:28:36,100
Having drug stored in quantity inside the proposed facility has the potential.

1091
01:28:36,440 --> 01:28:41,300
We're nonexisted before to lead the violent crime in our neighborhood by those seeking drugs.

1092
01:28:42,200 --> 01:28:47,220
Furthermore, an assisted living of this size inherently relies on frequent emergency medical services.

1093
01:28:47,840 --> 01:28:54,460
Introducing regular ambulance sirens and flashing lights at all hours of the night into these constrained spaces.

1094
01:28:54,460 --> 01:28:59,700
is an undeniable direct injury to the peace and safety of the immediate surrounding families.

1095
01:29:00,380 --> 01:29:06,280
Speaking personally as one of the neighbors directly across from the street from this, across the street from this proposed facility,

1096
01:29:06,840 --> 01:29:11,100
most of our bedrooms in our home will be affected by those flashing lights and sirens.

1097
01:29:12,100 --> 01:29:18,040
Additionally and very importantly, a large part if not the majority of each person's life savings are tied up in their homes.

1098
01:29:18,040 --> 01:29:25,560
This commercial enterprise will damage each of us by driving our property values down, unlike the applicant just indicated.

1099
01:29:26,300 --> 01:29:35,760
I would just ask who wants to live next door to a commercial enterprise with heavy traffic, constant parking on the streets and emergency vehicles coming and going.

1100
01:29:36,240 --> 01:29:44,080
If I had known 11 years ago that there was going to be an assisted living next door, I would have never bought the house.

1101
01:29:44,080 --> 01:29:48,800
So that's going to have a negative impact on everyone's property values.

1102
01:29:50,720 --> 01:29:59,820
I believe that we are, I speak for a number of people and I would say everyone that is in favor of this or is opposed to this.

1103
01:30:00,000 --> 01:30:29,900
Sorry, please stand so that we can just have a demonstration of who is here in opposition. Thank you very much. And again, I apologize. I'm trying to rust through this in the interest of time, allowing this exception creates a dangerous precedent for zoning creep in South Tulsa. We're not opposed to assisted living centers. This is just not the appropriate place for one. The location isn't just not suitable when there are plenty of other suitable locations in the city.

1104
01:30:29,900 --> 01:30:37,040
and other areas. If the 12 resident commercial facility can be forced into the

1105
01:30:37,040 --> 01:30:41,600
most restrictive RS1 zone in the city, when better suited locations exist, then

1106
01:30:41,600 --> 01:30:49,840
no single family neighborhood is safe. To formally demonstrate the depth of

1107
01:30:49,840 --> 01:30:55,000
this detriment to our public welfare, we have submitted to the official record of

1108
01:30:55,000 --> 01:31:00,300
petition signed by 158 of your fellow Tulsar residents who live within the immediate area.

1109
01:31:00,360 --> 01:31:01,280
Anybody up to me?

1110
01:31:01,600 --> 01:31:02,800
I want to give you your time.

1111
01:31:03,300 --> 01:31:03,580
Okay.

1112
01:31:03,980 --> 01:31:05,200
I have one more sentence.

1113
01:31:05,400 --> 01:31:05,980
Rock on, buddy.

1114
01:31:06,860 --> 01:31:07,580
One more sentence.

1115
01:31:08,220 --> 01:31:10,140
My wife and I did not sign that petition.

1116
01:31:10,380 --> 01:31:14,760
We were both out of town when it was being circulated, so that number can come up to 160.

1117
01:31:15,760 --> 01:31:19,620
The applicant was failed to meet his burden, and this project fails to meet every metric

1118
01:31:19,620 --> 01:31:26,840
of section 71-20G and we respectfully urge the Board to deny this application B-O-A-24-094.

1119
01:31:27,320 --> 01:31:27,580
Thank you.

1120
01:31:35,840 --> 01:31:36,140
Okay.

1121
01:31:36,220 --> 01:31:37,360
Going back, Bob Kym.

1122
01:31:48,850 --> 01:31:51,190
My name is Bob Kym.

1123
01:31:51,450 --> 01:31:55,610
29-93 is 57th Street, Call Socloma.

1124
01:31:55,930 --> 01:32:01,270
I'm probably three to four blocks north of the residence in question.

1125
01:32:02,010 --> 01:32:08,570
I have very little to add to what was previously said other than I want to confirm that we did

1126
01:32:08,570 --> 01:32:13,570
buy in the neighborhood with the anticipation of increasing property values.

1127
01:32:13,810 --> 01:32:14,870
I don't see that here.

1128
01:32:15,750 --> 01:32:20,730
And I would like to add that Southern Hills Country Club has crossed the street and we

1129
01:32:20,730 --> 01:32:26,150
have tournaments over there, a lot of traffic, and that should be taken into consideration.

1130
01:32:26,830 --> 01:32:27,570
That's all I have.

1131
01:32:34,260 --> 01:32:37,420
Mike, or I'm sorry, Mark Meedor.

1132
01:32:37,940 --> 01:32:38,400
Thank

1133
01:32:49,120 --> 01:32:53,000
the board for being here and dealing with all this.

1134
01:32:53,680 --> 01:32:54,960
We appreciate your work.

1135
01:32:55,780 --> 01:32:59,040
Mark Meader, 5601 South Evanston Avenue.

1136
01:32:59,780 --> 01:33:02,120
I've lived there for over 30 years.

1137
01:33:03,560 --> 01:33:06,900
And I'm also the lucky recipient of being

1138
01:33:06,900 --> 01:33:08,760
the president of the Homeowners Association.

1139
01:33:08,760 --> 01:33:16,280
there represents 350 homes in all those areas north of 61st Street, all the way to Joe

1140
01:33:16,280 --> 01:33:25,560
Creek. Just to let you know in that 160, I think it's probably more like 350 people

1141
01:33:25,560 --> 01:33:31,760
that are opposed to this. With that said, of course, when I bought

1142
01:33:31,760 --> 01:33:39,640
I had my house back 30 years ago, pursuant to the terms of this neighborhood covenant.

1143
01:33:40,240 --> 01:33:46,820
I know I'm not a lawyer, but to me it says it shall be single family homes, dwellings

1144
01:33:47,320 --> 01:33:53,600
and I know I'm not a lawyer, so I don't go into that, but last to say I agree so much

1145
01:33:53,600 --> 01:34:00,920
with 61st Street, my 29 years ago, my wife was involved in a traffic accident, excuse

1146
01:34:00,920 --> 01:34:09,120
me, right in front of this house, that totaled our car, and it was my wife and infant

1147
01:34:09,120 --> 01:34:17,040
part at the time. So 61st Street is definitely an issue. Traffic's gaining each year has

1148
01:34:17,040 --> 01:34:19,660
Tulsa Groms. With that, thank you very much.

1149
01:34:19,660 --> 01:34:20,660
this

1150
01:34:27,310 --> 01:34:32,810
looks Chuck Rania. Oh okay. Taking that away.

1151
01:34:35,970 --> 01:34:39,030
Linda Strosser? Strosser?

1152
01:34:41,840 --> 01:34:42,160
Okay

1153
01:34:42,160 --> 01:34:42,680
not speaking.

1154
01:34:45,340 --> 01:34:46,520
Jamie Fowler?

1155
01:34:54,760 --> 01:34:57,660
Board members good afternoon and I do want to thank

1156
01:34:57,660 --> 01:34:59,900
you all for serving and it

1157
01:35:00,000 --> 01:35:07,300
It really means a lot to our community. A lot of a motion here. I've passed city councilor

1158
01:35:07,300 --> 01:35:14,280
for many, many years. I know so many of you all personally and have a biting love for

1159
01:35:14,280 --> 01:35:22,740
the neighborhood. I live in the neighborhood, 5601, South Gary Avenue, and it's a very, very

1160
01:35:22,740 --> 01:35:30,540
special place. I've seen a lot of these come in front of the council and people that come

1161
01:35:30,540 --> 01:35:37,520
up are very, very passionate on both sides. I'm going to just going to give some quick bullet

1162
01:35:37,520 --> 01:35:43,940
points and kind of reinforce what's already been communicated. Number one is this is that 61st,

1163
01:35:43,940 --> 01:35:56,180
First that 61st corridor is a very, very high traffic corridor and I travel that probably

1164
01:35:57,640 --> 01:36:05,760
least once enough not twice a day and even when it's not in the morning or late in the

1165
01:36:05,760 --> 01:36:11,560
afternoon coming on from work, there's just a tremendous amount of traffic that runs up

1166
01:36:11,560 --> 01:36:17,200
down that corridor right in through here. So I kind of took note of some of the people

1167
01:36:17,200 --> 01:36:23,240
that would be on that property right in through there. Just lawn mowing maintenance people

1168
01:36:23,240 --> 01:36:24,360
on a regular basis.

1169
01:36:26,520 --> 01:36:32,640
Visitors, patient visitors, caregivers, food delivery, a made service.

1170
01:36:33,840 --> 01:36:38,040
And then from time to time I bet you would see an Amazon truck right in through there.

1171
01:36:38,040 --> 01:36:49,980
So issue number two is this is that you're going to have a lot of people on that property and the number three is this and this was always just almost always a deal killer.

1172
01:36:50,540 --> 01:36:59,140
When we had one of these coming in front of the council and a councilor would ask someone that's asking for a zoning change or variance.

1173
01:36:59,140 --> 01:37:02,400
the first question that was always asked is,

1174
01:37:02,920 --> 01:37:04,620
tell us about your community engagement.

1175
01:37:05,200 --> 01:37:07,700
How many people did you go out into the community

1176
01:37:07,700 --> 01:37:09,140
and engage with?

1177
01:37:10,440 --> 01:37:13,500
And number one, if there's no community engagement,

1178
01:37:13,500 --> 01:37:15,240
it's like game over.

1179
01:37:16,200 --> 01:37:22,080
There was no attempt as far as communicating with the community.

1180
01:37:22,920 --> 01:37:24,140
That's it, right in through there.

1181
01:37:24,340 --> 01:37:27,940
So with that, I respectfully ask you all the

1182
01:37:30,760 --> 01:37:33,320
Denive this, this variance.

1183
01:37:33,640 --> 01:37:34,400
Thank you.

1184
01:37:39,690 --> 01:37:40,690
Erica Garvin,

1185
01:37:43,180 --> 01:37:44,020
wrong case.

1186
01:37:46,000 --> 01:37:46,700
That's okay.

1187
01:37:49,000 --> 01:37:49,720
Let's see.

1188
01:37:50,300 --> 01:37:50,820
Tyler Perrett,

1189
01:37:56,150 --> 01:37:58,470
Madam Chair, members of the board, good to see you.

1190
01:37:58,830 --> 01:37:59,690
My name is Tyler Perrett.

1191
01:37:59,810 --> 01:38:04,030
My address is 5417 South Marion Place, so I get to live in the neighborhood right across

1192
01:38:04,030 --> 01:38:06,170
from the special exception application.

1193
01:38:07,610 --> 01:38:10,570
I'm here because I love the character of my neighborhood.

1194
01:38:11,290 --> 01:38:13,730
I love the diversity of my neighborhood.

1195
01:38:14,450 --> 01:38:18,810
I love that we bought our home, we get to raise our two-year-old daughter in our neighborhood.

1196
01:38:19,330 --> 01:38:22,150
And there are many of these neighbors that I deeply love and respect.

1197
01:38:23,590 --> 01:38:25,530
I am not opposed to changing our neighborhood.

1198
01:38:26,090 --> 01:38:30,990
I would actually like to see a lot of change in our neighborhood, especially around 51st and Harvard, give or take.

1199
01:38:32,910 --> 01:38:37,430
But I also know that our demographics in our community are changing.

1200
01:38:38,950 --> 01:38:46,270
The age group between 65 and 74 in our community grew more than any other age group in our metro since 2017.

1201
01:38:47,130 --> 01:38:51,930
We are seeing a lot of people aging into homes that they cannot take care of.

1202
01:38:52,510 --> 01:38:54,910
What we are seeing is they leave their homes vacant.

1203
01:38:55,590 --> 01:39:00,110
those homes aren't being backfilled and they are leaving vacant homes across our community.

1204
01:39:01,130 --> 01:39:04,690
And so what I see here is an opportunity to take a vacant home,

1205
01:39:05,490 --> 01:39:08,430
turn it into something that is vibrant, and being utilized,

1206
01:39:09,430 --> 01:39:13,870
and adding value to our community in a way that breathes new life in our community.

1207
01:39:14,190 --> 01:39:17,770
By creating a type of housing that currently doesn't exist in our community,

1208
01:39:18,330 --> 01:39:22,110
and giving an opportunity for people to stay in a neighborhood that they deeply love.

1209
01:39:23,370 --> 01:39:27,170
I'm a long way from needing to move out of my house because I can't take care of it.

1210
01:39:27,510 --> 01:39:30,990
But I know that there is a woman across the street in my cul-de-sac that has lived in

1211
01:39:30,990 --> 01:39:35,470
that house for her entire life and that when she moves out she will not be able to stay

1212
01:39:35,470 --> 01:39:37,930
in our neighborhood because there is no place for her to go.

1213
01:39:38,950 --> 01:39:43,530
And so my hope today is for Pam, that there is a place in our neighborhood that she can go,

1214
01:39:43,710 --> 01:39:47,850
that she can stay in the community that she has lived in for her entire 87 years.

1215
01:39:48,930 --> 01:39:51,850
And so, I hope that this place move forward.

1216
01:39:52,310 --> 01:39:54,070
I am here to support this variance.

1217
01:39:54,510 --> 01:39:56,110
I didn't communicate with the applicant.

1218
01:39:56,270 --> 01:39:59,910
I also was not on the list of people that they communicated with, but I am here because

1219
01:40:00,000 --> 01:40:05,260
Because I deeply love my neighborhood, I deeply love my neighbors, and I want to see it be a place that continues to thrive. Thank you.

1220
01:40:05,260 --> 01:40:06,320
Tom

1221
01:40:11,310 --> 01:40:11,910
Stichen?

1222
01:40:25,360 --> 01:40:30,540
Tom, excuse me, Tom Stichen 5641 South Gary Avenue.

1223
01:40:31,780 --> 01:40:38,140
We purchased our home in 1985, we've lived in the neighborhood the entire time, and I think

1224
01:40:38,140 --> 01:40:44,820
the thing that strikes me from the previous presentation, so this was zone, this RS-1 single

1225
01:40:44,820 --> 01:40:49,280
family residential house, and everybody that purchased their home in the neighborhood purchased

1226
01:40:49,280 --> 01:40:50,640
it with that understanding.

1227
01:40:50,640 --> 01:40:56,020
And so they're not really asking for a variance in terms of the size of the driveway or the

1228
01:40:56,020 --> 01:41:02,520
size of the setback, they're actually changing the composition and actually going to commercial

1229
01:41:03,220 --> 01:41:06,660
because no one's talked about what they're going to charge these patients.

1230
01:41:07,300 --> 01:41:12,660
And it may be financially beneficial for them, but it has nothing to do with the impact

1231
01:41:12,660 --> 01:41:13,580
of the code.

1232
01:41:13,580 --> 01:41:21,640
And if we don't apply laws uniformly and all of a sudden start making exceptions because

1233
01:41:21,640 --> 01:41:26,620
people can afford to or make a good economic case, then we're not really applying the

1234
01:41:26,620 --> 01:41:27,020
law uniformly.

1235
01:41:28,040 --> 01:41:32,400
And that's all that I ask, and I think a lot of the people here ask, is that everyone in

1236
01:41:32,400 --> 01:41:35,980
the neighborhood bought their home with the understanding that it was single family.

1237
01:41:36,700 --> 01:41:42,480
And if someone's parents need help and want to live in the house, I commend her for taking

1238
01:41:42,480 --> 01:41:45,720
can care of her parents in her home in another neighborhood.

1239
01:41:46,400 --> 01:41:50,920
But whoever wants to buy this house needs to understand that it's

1240
01:41:50,920 --> 01:41:52,940
own for single family residential.

1241
01:42:00,400 --> 01:42:01,880
Belinda Spitzer?

1242
01:42:05,150 --> 01:42:05,770
OK.

1243
01:42:07,070 --> 01:42:07,930
Weldon Spitzer?

1244
01:42:09,170 --> 01:42:09,610
OK.

1245
01:42:12,800 --> 01:42:16,580
Kirk for van der Slein.

1246
01:42:17,240 --> 01:42:17,380
OK.

1247
01:42:18,420 --> 01:42:19,920
And Lana Thompson?

1248
01:42:19,920 --> 01:42:20,680
My

1249
01:42:34,790 --> 01:42:38,030
name is Lana Thomason, 5919 South Gary Place.

1250
01:42:39,090 --> 01:42:43,390
I live right behind the street where their driveway in the back comes out.

1251
01:42:43,550 --> 01:42:46,270
I live in that little cul-de-sac.

1252
01:42:47,690 --> 01:42:49,290
I live right there in the corner.

1253
01:42:49,750 --> 01:42:53,570
I don't want to, you've heard all the things, the street is smaller, out the traffic, just

1254
01:42:53,570 --> 01:42:54,610
any little bit of traffic.

1255
01:42:55,630 --> 01:42:57,190
We have trouble getting in there.

1256
01:42:57,390 --> 01:42:58,930
There are like several driveways already.

1257
01:42:59,110 --> 01:43:00,070
We have to be careful.

1258
01:43:00,650 --> 01:43:07,970
You cannot come down and turn around in the coldest sack at all, you have to do a three-point turn or a lot of people turn around in my driveway.

1259
01:43:09,450 --> 01:43:12,050
So, like we've said, there's no sidewalks for kids.

1260
01:43:12,430 --> 01:43:17,810
We have kids and grandkids that are around there all the time. So, you know, they're usually in the street or in the yards right there.

1261
01:43:19,270 --> 01:43:22,710
Just a couple quick things as I don't want to keep you too long.

1262
01:43:23,870 --> 01:43:30,210
Trash trucks, of course, it's going to be a lot more trash with 12 residents plus the staff and whoever else is there.

1263
01:43:30,810 --> 01:43:34,030
We don't even, in our street, they don't even send a regular trash truck.

1264
01:43:34,390 --> 01:43:39,750
We have the little small ones that the guys get out and just do it because there's not enough room for them.

1265
01:43:41,250 --> 01:43:45,250
Last year this city was working on our streets, putting in new drains, fixing the curbs and things.

1266
01:43:45,730 --> 01:43:50,890
And they had it all blocked off. We couldn't even get to our homes because they had everything messed up.

1267
01:43:50,890 --> 01:43:56,430
and we had to park on 61st and walk through the neighbors yards just to get to our houses.

1268
01:43:56,850 --> 01:44:02,770
So anytime there's a lot of emergency things going, we had police cars there the other day

1269
01:44:02,770 --> 01:44:08,010
because somebody wrecked the car and ran off and did something, so there were a lot of police cars

1270
01:44:08,010 --> 01:44:13,930
we couldn't get to our house again. So any extra traffic is going to be definitely a hardship on,

1271
01:44:14,290 --> 01:44:19,890
especially those that live right behind. One last thing I do have the original copy of the petition,

1272
01:44:19,890 --> 01:44:23,130
I didn't know if you guys needed that for verifications or anything.

1273
01:44:24,950 --> 01:44:28,370
If that's your only original, has that been scanned and sent to us already?

1274
01:44:28,570 --> 01:44:29,510
Yeah, wasting it to everybody.

1275
01:44:29,790 --> 01:44:31,910
The scan copy is fine if you want to hold on to your original.

1276
01:44:31,950 --> 01:44:33,070
Okay, that's all I have. Thank you.

1277
01:44:39,820 --> 01:44:40,620
Jessica Klingeman.

1278
01:44:48,480 --> 01:44:51,700
Hi, I'm Jessica Klingeman. This is my husband and that Klingeman.

1279
01:44:52,220 --> 01:44:57,580
We live at 3217 East 59th Street. We live directly across the street from this house.

1280
01:44:58,100 --> 01:44:59,800
My living room window looks out.

1281
01:45:00,940 --> 01:45:31,550
The reason I'm so emotional is my personal story is that I was raped and I have severe PTSD. We worked a very long time saving up, to buy a house in this neighborhood so that that wouldn't be triggered. My concern is that the ambulances and fire trucks. I'm a nurse practitioner, care for people day in and day out. I just think there's another place for this.

1282
01:45:31,550 --> 01:45:35,990
And we bought this home like everybody else said, so that I get a piece.

1283
01:45:36,630 --> 01:45:40,190
My bedroom window also, I will see the lights coming through.

1284
01:45:40,950 --> 01:45:45,530
How this is severely going to give me a hardship is we will have this all our home.

1285
01:45:45,830 --> 01:45:50,570
I will not be able to live in a place with ambulances and fire trucks at all times.

1286
01:45:51,310 --> 01:45:52,330
I just can't do it.

1287
01:45:53,910 --> 01:45:58,650
And I can take medicine to everything, so thank you for listening.

1288
01:45:58,650 --> 01:46:03,670
thank you for your time and volunteering and it also makes me sad that they

1289
01:46:03,670 --> 01:46:07,810
didn't reach out to us because she doesn't know my story and I care about people

1290
01:46:07,810 --> 01:46:10,930
do I care about you all I care about your application but it's just not the

1291
01:46:10,930 --> 01:46:12,290
right place thank you.

1292
01:46:20,930 --> 01:46:25,270
Mike McGiven, let me give it, waving it off.

1293
01:46:27,610 --> 01:46:30,870
Dana Kish, oh

1294
01:47:05,380 --> 01:47:13,420
Oh, you've already received my epistle on this, but I did want to use this as an opportunity

1295
01:47:13,420 --> 01:47:22,200
you to sum up the applicants knowingly bought into an R1 residential area, a single family.

1296
01:47:23,300 --> 01:47:29,340
Now they want to convert a house in that area to a commercial business for profit.

1297
01:47:31,260 --> 01:47:37,840
To say that would be in harmony with the spirit of the code or with the existing restrictive

1298
01:47:37,840 --> 01:47:45,720
governance which will not be affected by any decision here is completely false. Thank you.

1299
01:47:52,200 --> 01:47:53,840
Last speaker is Derek Williams,

1300
01:47:56,780 --> 01:47:59,540
not here. Okay, that's everything.

1301
01:48:01,360 --> 01:48:07,560
Okay, thank you so much. Let's go ahead and call the applicant back up if you'd like to

1302
01:48:08,220 --> 01:48:09,700
respond to anything that was said.

1303
01:48:15,430 --> 01:48:18,410
You have another five minutes. Okay, first of all I do want to

1304
01:48:18,410 --> 01:48:22,230
address the community. I appreciate you being here. I want you to know what's happening.

1305
01:48:23,090 --> 01:48:28,930
We are not doing this in a commercial light. That was the purpose of this home and this

1306
01:48:28,930 --> 01:48:34,170
neighborhood. We think this is the exact neighborhood people want to stay and want to

1307
01:48:34,170 --> 01:48:39,630
be around. So that was our primary reason for being where we're going, so I wanted to make

1308
01:48:41,050 --> 01:48:44,010
I wanted to make sure that that was identified.

1309
01:48:44,290 --> 01:48:49,210
This is a nice neighborhood for individuals who are in this age group.

1310
01:48:49,550 --> 01:48:50,890
This is what they're familiar with.

1311
01:48:51,030 --> 01:48:53,670
This is a community that they feel safe in.

1312
01:48:54,730 --> 01:48:56,630
They will be monitored.

1313
01:48:57,050 --> 01:48:59,190
This is not a medical facility.

1314
01:48:59,650 --> 01:49:02,770
We do not have medical skill care on site for this.

1315
01:49:03,310 --> 01:49:07,630
They will receive that if they need to, then they'll go out and get what they need.

1316
01:49:07,630 --> 01:49:15,330
need, but we are not going to see any extra emergency vehicles because we have seniors in

1317
01:49:15,330 --> 01:49:20,410
our home that is kind of a false, just like anybody else could fall.

1318
01:49:20,630 --> 01:49:24,550
They would call the immediate emergency system and the fire truck would come.

1319
01:49:25,110 --> 01:49:27,690
I do know that it is a short road back down the back.

1320
01:49:28,170 --> 01:49:33,830
We do have access in there for single cars, but one of the things we notice with that there

1321
01:49:33,830 --> 01:49:36,410
is access off a 61st, 51st.

1322
01:49:36,410 --> 01:49:44,630
There is an access road just beyond us as well to help alleviate some of the pressure off whatever traffic might be happening.

1323
01:49:45,430 --> 01:49:50,790
We do know the golf course is there and there are activities that happen and there is excessive traffic.

1324
01:49:51,450 --> 01:49:55,270
I don't foresee that that would affect us and what we do.

1325
01:49:55,270 --> 01:49:59,970
Again, we've allotted for the traffic and the parking and things that we would need to come in.

1326
01:50:00,980 --> 01:50:15,220
We are not asking for a variance change. We are not asking for a zoning change. We do not want to change what this is. This special exception use is what our request today is.

1327
01:50:30,120 --> 01:50:36,980
majority of the opposition talk about the assisted living

1328
01:50:36,980 --> 01:50:42,040
in a commercial light and I understand where they're coming from.

1329
01:50:42,460 --> 01:50:46,880
Zoning wise, though, is a single family assisted living is allowed

1330
01:50:46,880 --> 01:50:54,060
and single family residents via the Zoning Code is also protected under the Fair Housing Act for that.

1331
01:50:54,060 --> 01:51:03,380
So, really what we're asking for is the occupant level to be increased to 12th, and I

1332
01:51:03,380 --> 01:51:07,840
guess it, I definitely understand their concerns and I heard them by did hear majority of it

1333
01:51:07,840 --> 01:51:12,840
surrounding the actual assisted living part of it, which is protected under the Fairhousing

1334
01:51:12,840 --> 01:51:13,040
Act.

1335
01:51:15,320 --> 01:51:15,680
Okay.

1336
01:51:16,200 --> 01:51:17,520
Thank you so much.

1337
01:51:17,860 --> 01:51:18,340
Thank you.

1338
01:51:18,800 --> 01:51:19,060
Thank you.

1339
01:51:20,360 --> 01:51:27,560
With that, we will move into discussion, and we won't entertain any more comments while

1340
01:51:27,560 --> 01:51:28,240
we're in discussion.

1341
01:51:28,620 --> 01:51:33,400
So just to make that clear, I do want to just start out by saying thank you so much for

1342
01:51:33,400 --> 01:51:33,920
being here.

1343
01:51:34,140 --> 01:51:39,120
All of you concern neighbors, active neighbors, involved neighbors, make the best neighbors.

1344
01:51:39,460 --> 01:51:46,240
So I hope that every neighborhood has support, like in care for their community, like you

1345
01:51:46,240 --> 01:51:46,740
do today.

1346
01:51:46,740 --> 01:51:51,180
So thank you so much for being here, and we will move into discussion here.

1347
01:51:56,180 --> 01:52:01,600
Mason, can you remind us what the exact definition of assisted living is for the zoning code?

1348
01:52:02,260 --> 01:52:08,140
Yeah, and I was going to be my same question, because as I'm looking at the use table for our districts,

1349
01:52:08,740 --> 01:52:17,620
it seems like assisted living facility is permitted via a special exception, which is what the applicant is asking for.

1350
01:52:17,620 --> 01:52:27,500
in R-E, R-S-1, R-S-2, R-S-3, R-S-4, R-S-5 on up until it gets into R-M-0.

1351
01:52:28,320 --> 01:52:34,540
Yeah, so assisted living centers are considered residential uses in the zoning code.

1352
01:52:35,380 --> 01:52:36,760
Do you want me to read the definition?

1353
01:52:38,140 --> 01:52:45,640
Yeah, I'll mind a residential facility designed to meet housing and care needs of older persons and individuals with disabilities

1354
01:52:45,640 --> 01:52:51,680
in a residential rather than institutional environment while maximizing independence, choice, and privacy.

1355
01:52:52,240 --> 01:52:59,880
Assisted living programs provide personal care for persons with needs for assistance in the activities of daily living and can respond to unscheduled needs for assistance.

1356
01:53:00,560 --> 01:53:08,500
Services typically provided include meals, housekeeping, laundry and linen services, medication monitoring, transportation, and activities.

1357
01:53:08,500 --> 01:53:12,940
assisted living settings also typically provide features that enhance resident

1358
01:53:12,940 --> 01:53:17,040
autonomy such as lockable doors full bathrooms temperature control and single

1359
01:53:17,040 --> 01:53:21,600
occupancy and may provide limited cooking facilities within individual units.

1360
01:53:22,760 --> 01:53:27,660
Sorry I didn't realize the definition was that long it would make you stand down

1361
01:53:27,660 --> 01:53:33,040
a paragraph over here. I think that's an important place to start. Sure yeah I was

1362
01:53:33,040 --> 01:53:38,300
looking for maybe there was some kind of definition of amount of residents

1363
01:53:38,300 --> 01:53:40,360
But it doesn't look like that's the case, so.

1364
01:53:40,800 --> 01:53:44,560
So I'll be clear that, you know, there's been a lot of references to eight versus 12.

1365
01:53:45,480 --> 01:53:52,940
Something that our code does allow is any residential use of eight occupants, even unrelated occupants.

1366
01:53:53,040 --> 01:53:56,960
That's permitted as a single housekeeping unit or a single dwelling unit.

1367
01:53:57,320 --> 01:54:01,860
So when we use the word single family, obviously, there are other ways to interpret that.

1368
01:54:01,960 --> 01:54:03,580
That's not always related by blood.

1369
01:54:03,580 --> 01:54:08,020
There are oftentimes roommate situations or unrelated persons who live in a household.

1370
01:54:08,600 --> 01:54:12,060
So the household definition of the zoning code maxes that out at eight.

1371
01:54:12,540 --> 01:54:17,760
Because of that allowance, you are allowed to do community group homes in single family homes,

1372
01:54:17,760 --> 01:54:23,080
assuming you maintain eight or fewer residents because it still is defined as a single household.

1373
01:54:23,780 --> 01:54:32,880
So this facility going to a 12 person occupancy with some additional services provided leads it to have to ask for this exception.

1374
01:54:32,880 --> 01:54:36,180
And that's what it is, it's an exception, not a rezoning.

1375
01:54:36,480 --> 01:54:40,440
So I know that there was some confusion about this opens up the door to more commercial

1376
01:54:40,440 --> 01:54:40,840
uses.

1377
01:54:41,300 --> 01:54:42,480
And that's not the case.

1378
01:54:42,480 --> 01:54:47,480
If the exception were granted, it would be just for that assisted living facility as shown

1379
01:54:47,480 --> 01:54:49,180
in the plans that you're looking at today.

1380
01:54:49,960 --> 01:54:53,180
So it is not a rezoning request or a variance request.

1381
01:54:53,540 --> 01:54:58,040
It's an exception that's written into the zoning code because it is listed under residential

1382
01:54:58,040 --> 01:54:58,480
uses.

1383
01:54:59,240 --> 01:54:59,980
so I'll have to

1384
01:55:05,020 --> 01:55:27,340
So, the big distinction there is that if it is eight residents and they're just living there independently, then yes, it would be allowed. Where you start to gray that line a little bit as if you start having 24-hour staffing and on-site services and things that are associated with something more like a group living facility. So it really depends on how the project is proposed.

1385
01:55:27,340 --> 01:55:36,660
but theoretically, yes, if they just wanted to provide eight rooms for elderly persons to run out individually in a single-family home,

1386
01:55:37,000 --> 01:55:39,560
they could do that under the household definition.

1387
01:55:47,870 --> 01:55:50,230
Those are really good points of clarification.

1388
01:55:51,350 --> 01:55:55,250
There have been comments about things being illegal or rezoning.

1389
01:55:55,870 --> 01:56:00,490
I think it's important to kind of reset and note that the special exception.

1390
01:56:01,030 --> 01:56:03,170
That's why we're here today because a special exception.

1391
01:56:03,170 --> 01:56:07,230
This would be allowed by a special exception, and we are the board that can grant a special exception.

1392
01:56:09,890 --> 01:56:11,810
And they're not asking to rezone.

1393
01:56:12,250 --> 01:56:16,470
They're asking for a special exception on this one property, so.

1394
01:56:17,510 --> 01:56:26,890
And I think it's also my understanding that one of the concerns was if we make an exception,

1395
01:56:27,430 --> 01:56:30,090
then there's always going to be an exception.

1396
01:56:30,090 --> 01:56:37,470
We open up for an exception anywhere and in my short time being on the board, you know, ten months

1397
01:56:38,650 --> 01:56:43,130
Every time I'm coming here there are special exceptions and that's typically the

1398
01:56:43,910 --> 01:56:51,410
vast majority of the applications that I've seen in my time here are special exceptions and they happen all over the city

1399
01:56:52,330 --> 01:56:56,430
So that's another piece that I think was helpful for me to consider

1400
01:56:57,350 --> 01:56:57,910
Yeah

1401
01:56:59,290 --> 01:57:05,730
I think for me, a special exception, it's not allowed, right?

1402
01:57:05,970 --> 01:57:06,730
It's not a variance.

1403
01:57:06,910 --> 01:57:08,730
You're not asking for a use that isn't allowed.

1404
01:57:09,230 --> 01:57:12,230
But you're looking at it on a case-by-case basis.

1405
01:57:12,490 --> 01:57:13,170
Is it appropriate?

1406
01:57:14,050 --> 01:57:14,310
Sure.

1407
01:57:14,430 --> 01:57:15,370
What does the neighbor think?

1408
01:57:16,250 --> 01:57:17,630
What does the neighbor think?

1409
01:57:18,470 --> 01:57:23,330
I think what we've seen is the neighborhood does not want it.

1410
01:57:23,330 --> 01:57:29,590
And to me, I started without even though the amount of letters and I didn't necessarily

1411
01:57:29,590 --> 01:57:34,950
feel like it was appropriate for this neighborhood to begin with before hearing any of the neighbors

1412
01:57:34,950 --> 01:57:35,550
opposition.

1413
01:57:35,910 --> 01:57:42,650
So I think that mindset for me as a special exception is that it's not appropriate for

1414
01:57:42,650 --> 01:57:44,250
this specific location.

1415
01:57:45,590 --> 01:57:48,090
What neighborhoods would you think it is appropriate for?

1416
01:57:48,210 --> 01:57:52,250
What are some of the characteristics of neighborhoods that where it would be appropriate?

1417
01:57:55,040 --> 01:57:59,020
neighborhoods that have more of a commercial buffer between them and the

1418
01:57:59,020 --> 01:58:04,760
neighborhood from a residential standpoint. I mean you'll see along kind of the

1419
01:58:04,760 --> 01:58:10,700
more commercial avenues that there is a step down buffer between the

1420
01:58:10,700 --> 01:58:16,020
residential and just full-on commercial. There is no commercial here. I mean

1421
01:58:16,020 --> 01:58:18,760
there's the golf course across the street but that's not really a commercial use.

1422
01:58:18,760 --> 01:58:28,740
I would show the differ that that's not a commercial use though it cost to be there there are tournaments that sell tickets

1423
01:58:29,740 --> 01:58:31,820
There's restaurants there

1424
01:58:31,820 --> 01:58:37,660
So I I'm not saying that is we are not asking for public comment. Thank you

1425
01:58:38,520 --> 01:58:44,680
We we will ask you to leave if we start hearing more from the group here. We are in discussion. Thank you

1426
01:58:45,840 --> 01:58:50,120
I mean, I think that's a fair point, but it is very low density across the street.

1427
01:58:50,420 --> 01:58:50,480
Yes.

1428
01:58:51,240 --> 01:58:55,620
For when you're asking the question of that, and I start talking about commercial buffers,

1429
01:58:55,740 --> 01:58:59,220
I'm talking more density than necessarily commercial use.

1430
01:59:00,560 --> 01:59:01,980
For me personally, and this shows me.

1431
01:59:03,700 --> 01:59:11,680
I'm wanting to see if there's, for a facility like this, it makes more sense to me to not

1432
01:59:11,680 --> 01:59:17,820
not just jump straight into something that is a higher density, not shielding the residential

1433
01:59:17,820 --> 01:59:18,260
neighbors.

1434
01:59:18,700 --> 01:59:19,140
I think

1435
01:59:30,470 --> 01:59:37,510
that's my main thought is talking to the people in the community that you're

1436
01:59:37,510 --> 01:59:38,210
moving into.

1437
01:59:38,470 --> 01:59:42,650
That's the biggest hang up for me, if you will.

1438
01:59:43,690 --> 01:59:48,410
Sure, just because things are allowed doesn't mean that we should just do it.

1439
01:59:48,410 --> 01:59:56,090
I think that maybe some conversation with the community may help to ease their concerns

1440
01:59:56,090 --> 01:59:59,830
to a point where maybe there is an amicable solution.

1441
02:00:00,000 --> 02:00:06,560
It's a question for both of you, but for me, it's the you really need to probably reach out to the community a little more.

1442
02:00:08,640 --> 02:00:15,540
Yeah, it is always disheartening when it comes to us in this way, that there weren't more

1443
02:00:15,540 --> 02:00:20,800
conversations, because this is obviously a very large property, that it can fit that

1444
02:00:20,800 --> 02:00:21,420
many people.

1445
02:00:22,900 --> 02:00:29,700
I mean, I think that there could be a case, but unfortunately, it's hard for me to see

1446
02:00:29,700 --> 02:00:35,420
how this could work well, based on how we're starting with the neighborhood.

1447
02:00:36,140 --> 02:00:40,240
and that's that really stinks to me. I don't actually,

1448
02:00:41,320 --> 02:00:43,600
this falls into the category of,

1449
02:00:45,660 --> 02:00:48,740
you're going to find a lot of neighborhoods that say that they don't want this,

1450
02:00:48,980 --> 02:00:50,720
because it's change and it's different.

1451
02:00:51,440 --> 02:00:58,600
We as a community are going to have to figure out how to handle this going forward.

1452
02:00:59,100 --> 02:01:03,380
We are going to have a lot of people that cannot age in their homes as they are.

1453
02:01:03,380 --> 02:01:14,340
So, I would really love to see this work in our community, you know, across our community.

1454
02:01:15,460 --> 02:01:25,420
And I don't have a huge issue with this necessarily today, but it is causing me pause because

1455
02:01:25,420 --> 02:01:29,960
the community is so outspoken about this, and that worries me.

1456
02:01:29,960 --> 02:01:49,120
Yeah, I agree the lack of community engagement is a major pain point here. I'd say if there was community engagement and then people the same number of people still opposed. I feel like that puts us in a different decision making mode.

1457
02:01:49,120 --> 02:01:54,820
I think if there was community engagement and, you know, only a third of the numbers,

1458
02:01:54,960 --> 02:01:56,540
you know, were opposed.

1459
02:01:57,080 --> 02:02:02,700
I think that puts us in a much different decision making mode, but without any community

1460
02:02:02,700 --> 02:02:11,720
engagement for, you know, yes, there's a special exception and so it doesn't have the threshold

1461
02:02:11,720 --> 02:02:14,920
of needing a hardship that is not self-imposed.

1462
02:02:14,920 --> 02:02:24,700
It's written into the zoning code as permissible but without talking to the neighbors that really puts us in a tough position.

1463
02:02:25,320 --> 02:02:27,020
It puts me in a tough position.

1464
02:02:27,600 --> 02:02:28,660
Yeah, that's how I feel, too.

1465
02:02:29,000 --> 02:02:31,600
Yeah, unfortunate.

1466
02:02:33,340 --> 02:02:34,420
So where does that leave us?

1467
02:02:37,910 --> 02:02:48,570
It leaves us with voting now or you going back and talking to the people in the community to see if there's something that you guys can do, we can hear it again.

1468
02:02:49,050 --> 02:02:53,010
I hate to continue. It just was so many people showed up this time and then.

1469
02:02:53,490 --> 02:02:57,170
What did they show up just because it's a no or just because they didn't know?

1470
02:02:58,550 --> 02:02:59,430
I think we heard both.

1471
02:02:59,930 --> 02:03:05,930
I mean, I don't want to discount anybody's feelings or reasons why they're here.

1472
02:03:06,150 --> 02:03:08,910
I've been here a lot of times when people are here and they're confused.

1473
02:03:09,810 --> 02:03:12,090
I don't feel like this crowd is confused.

1474
02:03:13,050 --> 02:03:15,870
Okay. Well, I don't want to call you.

1475
02:03:15,870 --> 02:03:20,890
I just want to make sure everybody I know I appreciate that about you Rosbeck. I think

1476
02:03:21,670 --> 02:03:26,670
Confusion to me is a is a case for continuance, but this does not feel like a confused

1477
02:03:26,670 --> 02:03:28,610
K group of people

1478
02:03:28,610 --> 02:03:33,250
It's my that's my thought on this sure. I don't I'm guess I'm less

1479
02:03:34,010 --> 02:03:34,590
thinking that

1480
02:03:35,310 --> 02:03:37,730
The people who have showed up don't know

1481
02:03:38,350 --> 02:03:43,410
What an assisted living facility is? I'm more interested in

1482
02:03:43,410 --> 02:03:53,190
is there an operations plan for the applicant that would be in more harmony with the existing

1483
02:03:53,190 --> 02:03:59,070
residents and the community. And so that's where my thinking around a

1484
02:03:59,070 --> 02:04:06,230
continuance and giving the applicant or making it a requirement that the applicant does engage

1485
02:04:06,230 --> 02:04:10,970
with the community. And then on the other end, it might be the exact same, you know, like

1486
02:04:10,970 --> 02:04:15,810
reasons for opposition, maybe the applicant will not change anything, maybe the applicant

1487
02:04:15,810 --> 02:04:20,450
will come back with a lower number, you know, I feel like there are a variety of things

1488
02:04:20,450 --> 02:04:26,370
where, you know, in my time here, I have seen applicants come back with an amended application

1489
02:04:27,070 --> 02:04:28,690
based on community engagement.

1490
02:04:31,810 --> 02:04:34,710
To be clear, I'm not against a continuance.

1491
02:04:34,870 --> 02:04:40,150
I do think that it doesn't mean that we didn't hear you all today and that that doesn't still

1492
02:04:40,150 --> 02:04:44,750
carry forward, but it would give a chance for everyone to come together and maybe the

1493
02:04:44,750 --> 02:04:49,450
neighborhood association to host something for you to make a different case.

1494
02:04:49,770 --> 02:04:58,050
I don't know if you feel, I don't know if the applicant would feel like it could benefit

1495
02:04:58,050 --> 02:04:59,830
for a continuance or not.

1496
02:05:00,000 --> 02:05:14,100
But, and I don't even know that we would vote for one. Yeah, we'd have to vote for it, too, so that it might even get passed. I mean, well, as it stands, I don't think it would get passed. Okay. Thinking about it. Yeah. It's just four of us.

1497
02:05:19,000 --> 02:05:32,860
You're a no on a continuance. Yeah. I mean, I think we've seen what we're going to say. Maybe. It's a money thing they can reapply, but I mean, they can always go back and meet with the neighborhood and then reapply.

1498
02:05:33,660 --> 02:05:42,940
Yeah. I don't want to drag it out. Yeah. I do feel I do hear Mr. Hale on quite a

1499
02:05:42,940 --> 02:05:46,160
lot of people came out today and spent a lot of their time and probably took

1500
02:05:46,160 --> 02:05:50,720
off work to be here and it's not fair to drag something out. So I do lean

1501
02:05:50,720 --> 02:05:54,300
towards that. Okay. I know you're on the fence for us. Yeah. Because I want

1502
02:05:54,300 --> 02:05:55,140
world peace.

1503
02:05:57,280 --> 02:06:06,140
I mean, I do too. I don't know why I had to liken it up a little bit of skin

1504
02:06:06,140 --> 02:06:07,140
tint in here.

1505
02:06:09,460 --> 02:06:17,140
Well, I will be willing to entertain any motion. I don't. It does not look

1506
02:06:17,140 --> 02:06:21,380
like we have three votes for this. I'm open to any motion.

1507
02:06:21,380 --> 02:06:34,900
Yeah. Yeah. Yeah. So. Well, you know, I love making motions. Madam Chair and Board of Adjustment Case 24-094, I move to deny a special exception to permit a an

1508
02:06:34,900 --> 02:06:36,960
assistive living facility in the RS1 District.

1509
02:06:39,300 --> 02:06:51,360
The Board finds that the special exception will not be in harmony with

1510
02:06:55,260 --> 02:06:55,260
the

1511
02:06:55,260 --> 02:06:57,860
I'll say I can't make him a big, got a second.

1512
02:06:58,720 --> 02:07:04,500
All right, so all those in favor of a denial vote, yes.

1513
02:07:04,900 --> 02:07:05,380
It's Dumas.

1514
02:07:06,380 --> 02:07:06,660
No.

1515
02:07:07,400 --> 02:07:08,060
Ms. Williams.

1516
02:07:09,080 --> 02:07:09,640
Lipstay.

1517
02:07:10,620 --> 02:07:11,320
Mr. Hale.

1518
02:07:13,520 --> 02:07:13,800
Yes.

1519
02:07:17,040 --> 02:07:19,740
Although no, but it doesn't matter.

1520
02:07:19,880 --> 02:07:20,200
You're right.

1521
02:07:20,420 --> 02:07:24,100
So we will not be taking action on this case today.

1522
02:07:24,780 --> 02:07:27,720
Unless you have any other motions to make?

1523
02:07:27,900 --> 02:07:29,260
Does anyone have another motion to make?

1524
02:07:30,680 --> 02:07:32,560
So it means it's denied.

1525
02:07:34,140 --> 02:07:35,980
Yeah, I'd say it was not approved.

1526
02:07:36,200 --> 02:07:44,880
Yeah, if we failed to take any action today, then it's effectively not approved, therefore the case would stop here.

1527
02:07:45,120 --> 02:07:50,920
Does the case stay open, meaning could they ask for a continuance at this point, or does it?

1528
02:07:50,920 --> 02:07:51,820
I think it's up here.

1529
02:07:52,080 --> 02:07:54,120
It's only at the discretion of the board at this point.

1530
02:07:54,300 --> 02:07:56,560
If somebody wanted to make another motion to continue

1531
02:07:56,560 --> 02:07:59,100
and see if you get three votes, you could do that.

1532
02:08:00,560 --> 02:08:03,120
But yeah, I would say at this time,

1533
02:08:03,120 --> 02:08:05,020
you've just failed to act on the application,

1534
02:08:05,340 --> 02:08:06,640
and so therefore nothing has been approved.

1535
02:08:07,120 --> 02:08:10,840
OK, so I could entertain any other motions

1536
02:08:10,840 --> 02:08:12,220
if anyone has one, but

1537
02:08:14,880 --> 02:08:16,000
OK.

1538
02:08:17,340 --> 02:08:19,980
I think we will move on to the next case.

1539
02:08:20,340 --> 02:08:22,360
We are in case number 10, board of just one case.

1540
02:08:23,400 --> 02:08:31,240
item number 10 on the agenda. Board of Adjustment Case 24095. We'll give just

1541
02:08:31,240 --> 02:08:32,900
a few minutes for the gallery to clear.

1542
02:08:48,360 --> 02:08:49,180
Here are next applicant.

1543
02:08:51,920 --> 02:08:52,900
Look at the draw.

1544
02:09:02,620 --> 02:09:06,580
Okay if you guys could quietly exit please we need to

1545
02:09:06,580 --> 02:09:08,320
move on to the next case. Thank you.

1546
02:09:12,610 --> 02:09:13,790
Okay, sounds good.

1547
02:09:18,980 --> 02:09:23,520
Okay, so yes, yes, and we are

1548
02:09:23,520 --> 02:09:30,980
down to three board members because one is recusing themselves. So I'll say before we get

1549
02:09:30,980 --> 02:09:35,880
started here, you can ask for a contingent, ask staff for a contingent, so you can take

1550
02:09:35,880 --> 02:09:39,600
your chances with the three of us. You would need all three votes to pass.

1551
02:09:42,080 --> 02:09:42,920
And you don't

1552
02:09:42,920 --> 02:09:47,060
to decide for Continience right at this moment you could we could do that later

1553
02:09:47,060 --> 02:09:51,260
too if we needed to. As far as we can get. So we can talk about it, see how you

1554
02:09:51,260 --> 02:09:57,860
feel and then we'll decide based on. Great. All right. Item 10 is BOA 2-4-0-9-5,

1555
02:09:58,040 --> 02:09:59,880
locations 109 North Detroit Avenue.

1556
02:10:00,000 --> 02:10:08,660
New. Applicant Monica Swanee with CDS development requesting a variance of the minimum lot area of one acre for a school established after January 1, 1998.

1557
02:10:10,760 --> 02:10:29,820
Okay, so name, address, and a little bit about your case, please. Great. I'm JC Fisher. I'm the executive vice president of operations for Alpha School, we're at 2028 East Bend White Boulevard in Austin, Texas, 78741. Our cases fairly straightforward and we are requesting a single

1558
02:10:29,820 --> 02:10:33,860
Several narrow variants from the minimum lot size of one acre for a school established

1559
02:10:33,860 --> 02:10:39,680
after January 1st, 1998, established in section 40.350-b of the Tulsa zoning code.

1560
02:10:40,280 --> 02:10:42,960
Our use is permitted by right in a CBD district.

1561
02:10:43,140 --> 02:10:45,540
It's only the minimum lot size that is a challenge.

1562
02:10:46,540 --> 02:10:51,000
We believe we've established that we meet all five criteria for the granting of a variance

1563
02:10:51,000 --> 02:10:52,660
under section 70.130.

1564
02:10:53,960 --> 02:10:57,080
I'll run through them briefly, and then I don't really have much more to say.

1565
02:10:58,860 --> 02:11:01,620
It's an unnecessary hardship, not merely convenience.

1566
02:11:02,560 --> 02:11:05,780
This is because the physical boundary controls the lot size.

1567
02:11:05,920 --> 02:11:09,800
It's surrounded on all sides by streets, public rights of way, and other buildings.

1568
02:11:10,360 --> 02:11:14,140
So it's not like we could have gotten a different lot, or a bigger lot, or a different location for it.

1569
02:11:14,360 --> 02:11:16,040
We cannot expand the lot reasonably.

1570
02:11:17,260 --> 02:11:20,600
Two is literal enforcement is not needed for the provisions purpose.

1571
02:11:22,140 --> 02:11:26,600
Our research indicates the standard exists to manage traffic and impact on the local community.

1572
02:11:27,080 --> 02:11:32,020
We've done a traffic impact analysis pre-work with the city at a 50 student enrollment.

1573
02:11:32,360 --> 02:11:42,600
We don't even require a further traffic study because the traffic impact is so minimal that the city doesn't want any wasted time on additional analysis or kind of like going around and spending time on it.

1574
02:11:43,480 --> 02:11:45,480
Three conditions unique to the property.

1575
02:11:46,180 --> 02:11:55,880
So this is a condominium rented within the Detroit Lofts building on a lot-size fixed like 100 years before the 1998 standard, I believe was when it was platted.

1576
02:11:58,040 --> 02:12:02,880
So it's because of the size of the lot on the property.

1577
02:12:04,080 --> 02:12:06,740
For, it's not created or self-imposed by the applicant.

1578
02:12:07,540 --> 02:12:09,260
Again, I just plotted over 100 years ago.

1579
02:12:09,620 --> 02:12:09,960
We're a tenant.

1580
02:12:10,320 --> 02:12:11,520
We did not create the lot.

1581
02:12:11,820 --> 02:12:13,220
We did not subdivide the lot.

1582
02:12:13,400 --> 02:12:15,720
And we did not reduce the lot to introduce this hardship

1583
02:12:15,720 --> 02:12:16,540
to the situation.

1584
02:12:17,960 --> 02:12:21,340
Finally, we asked for minimum relief and demonstrated no harm

1585
02:12:21,340 --> 02:12:22,520
to the neighborhood or public good.

1586
02:12:22,520 --> 02:12:25,720
We're asking for relief only from the minimum lot size.

1587
02:12:26,000 --> 02:12:28,560
No other variances, no setbacks, no other issues.

1588
02:12:28,880 --> 02:12:32,340
We've met the code, we've worked through the city planning, zoning, building department,

1589
02:12:32,600 --> 02:12:36,440
fire and life safety with everybody, and I have no other relief requested.

1590
02:12:39,430 --> 02:12:41,510
I'm happy to answer any questions or anything I can.

1591
02:12:42,550 --> 02:12:44,750
I can start, I have a couple of questions.

1592
02:12:45,090 --> 02:12:51,910
In my research that the minimum lot size is there to make sure that things for

1593
02:12:51,910 --> 02:12:55,510
the well-being of children in a school are there.

1594
02:12:55,850 --> 02:12:57,050
So traffic is one of them.

1595
02:12:57,050 --> 02:12:59,590
I'd love to hear more about like a drop-off pickup plan,

1596
02:12:59,710 --> 02:13:02,810
how that works, how are kids eating?

1597
02:13:03,030 --> 02:13:04,650
Is there a cafeteria in this building?

1598
02:13:04,950 --> 02:13:07,970
I mean, how is that working playgrounds for recess?

1599
02:13:08,290 --> 02:13:10,230
We have a recess mandate in Oklahoma now.

1600
02:13:10,430 --> 02:13:11,990
I don't know if that applies to charter schools.

1601
02:13:12,190 --> 02:13:17,010
It may not, but how, so I understand

1602
02:13:17,010 --> 02:13:18,910
that the lot size seems kind of arbitrary,

1603
02:13:18,910 --> 02:13:21,530
but it's to make sure that all the things

1604
02:13:21,530 --> 02:13:33,750
to take care of children and their well-being is met inherently in the on the lot. So I would

1605
02:13:33,750 --> 02:13:35,990
love to hear more in-depth about that.

1606
02:13:38,430 --> 02:13:41,410
I thought I heard three things, but I wrote down play and food.

1607
02:13:41,830 --> 02:13:46,970
Was there a... Yeah, well, I have traffic. Yeah, I'm just curious because it's a very busy, it's not,

1608
02:13:47,130 --> 02:13:52,490
it's no longer fully one way, but that's a really confusing street right there because it changed

1609
02:13:52,490 --> 02:13:56,190
to two-way going one direction and one-way over the bridge and one-way coming on the side of it.

1610
02:13:56,910 --> 02:14:02,050
That's confusing so I'm just curious like how are we backed up? I know what my kids elementary

1611
02:14:02,050 --> 02:14:07,330
school looks like and it's perfect. Yes I if I without like projecting I imagine your kids elementary

1612
02:14:07,330 --> 02:14:14,130
schools like a full-size real school. No it's in an urban it's it's a weird urban one-way and it's

1613
02:14:14,130 --> 02:14:21,790
I feel like you know the enrollment. A 480. Yeah so we we kept it 50. Sure. It's like help solve a

1614
02:14:21,790 --> 02:14:24,870
lot of those problems. We have 22 kids who are enrolled right now in families who

1615
02:14:24,870 --> 02:14:29,150
want to come try our model. So what we've actually already worked out is with

1616
02:14:29,150 --> 02:14:33,670
the neighboring hotel. There's an alleyway that is shared between the two

1617
02:14:35,190 --> 02:14:39,890
properties. That's multiple lanes that we can have a full pickup drop off right

1618
02:14:39,890 --> 02:14:43,590
just straight through. That's right next to the school. You don't even have to

1619
02:14:43,590 --> 02:14:45,190
get out on the other side of the car.

1620
02:14:47,230 --> 02:14:50,710
So pickup drop is actually like super easy.

1621
02:14:50,710 --> 02:14:58,950
Yeah, there's also a ton of parking spots along the front of that street in our area. So between that and then there's a lot

1622
02:15:00,000 --> 02:15:26,740
I'm kind of next to what's called one oak stadium where the driller's play that some of the parents have said, hey, if you don't want us to wait to pick our kids up if we're early right next to the school, we can wait in the lot that's over there and we'll just come by 10 minutes later if I was early. Okay, just just. I appreciate it when our parents are reasonable. They aren't always play. There is what's the name of the park. It's not restoration park.

1623
02:15:32,740 --> 02:15:38,220
It's a very short walk. It only crosses that one one-way street and then goes under the bridge right there to get to it

1624
02:15:38,220 --> 02:15:44,520
We also have already turfed over a portion for a quick play right outside. Okay, so again

1625
02:15:44,520 --> 02:15:50,160
We have class sizes. It's 22 kids K through eight. So you're looking at like five or six kids per class size right now

1626
02:15:51,060 --> 02:15:57,140
They can run outside and we have fences and safe area and turf green area for them to play already.

1627
02:15:58,680 --> 02:16:06,500
Food parents bring our cater food for their kids and we have a big fridge to store what's needed and have to take place on site.

1628
02:16:07,160 --> 02:16:13,040
And I think the occupancy of the building is over a hundred.

1629
02:16:13,260 --> 02:16:16,940
I would have to look at, I have it somewhere in our application or in my files.

1630
02:16:17,660 --> 02:16:23,080
but we have an enrollment of 22 right now and our capacity plans for the

1631
02:16:23,080 --> 02:16:27,020
building are up to 50 students. 50 students and then how many staff does that?

1632
02:16:28,380 --> 02:16:36,220
Staff is I think that's like eight staff. Eight staff, okay. We average a little less

1633
02:16:36,220 --> 02:16:41,540
than one to ten student teacher and then there's a security guard, a campus

1634
02:16:41,540 --> 02:16:44,740
coordinator handles operations and just needs on-site and then sometimes you

1635
02:16:44,740 --> 02:16:46,860
have something to like me visit just to like make things are going well.

1636
02:16:46,860 --> 02:16:50,380
I'm sure we're taking things and then we have our mission's person, okay,

1637
02:16:56,300 --> 02:16:57,220
okay, play food.

1638
02:16:57,560 --> 02:17:00,300
Did I answer all three, throw away enough for you?

1639
02:17:01,500 --> 02:17:05,500
Yes, okay, sorry. I'm like a list person, so that's just

1640
02:17:05,500 --> 02:17:05,900
So

1641
02:17:11,730 --> 02:17:15,850
you're already the tenant is sounds like you're saying, okay

1642
02:17:16,510 --> 02:17:23,530
But you're not yet running and operating the K through eight because we don't have the variance and the

1643
02:17:23,530 --> 02:17:28,790
Official approvals and the building department is waiting on this one. I actually if I go back and like look through everything

1644
02:17:28,790 --> 02:17:34,890
We checked everything with planning and zoning and building and everybody on the city side and our side

1645
02:17:34,890 --> 02:17:39,190
Didn't notice the minimum lot size until we were doing the final check for the building code application

1646
02:17:39,190 --> 02:17:42,790
Sure, and they were kind enough to actually get us on the agenda

1647
02:17:42,790 --> 02:17:46,570
Quickly rather than you know however long it takes sometimes to go through

1648
02:17:47,070 --> 02:17:52,530
We made sure we had the application thoroughly vetted same day and they're very helpful to let us get before you guys

1649
02:17:52,530 --> 02:17:52,610
Yes.

1650
02:17:58,210 --> 02:17:58,510
All right.

1651
02:17:58,650 --> 02:18:04,570
And the enrollment cap of 50, it seems like that's something you would be comfortable

1652
02:18:04,570 --> 02:18:05,830
with if we have.

1653
02:18:05,830 --> 02:18:07,270
If you guys want to formalize it, sure.

1654
02:18:07,530 --> 02:18:07,690
Yeah.

1655
02:18:07,830 --> 02:18:08,170
That's fine.

1656
02:18:09,350 --> 02:18:14,850
If we wanted to, if we took the, it's like a building split into two.

1657
02:18:15,730 --> 02:18:20,550
If the people who own it are leasing the other half to us, if the school is successful and

1658
02:18:20,550 --> 02:18:24,750
people love it and Tulsa is like, happy with it, we'd be happy to come back if we needed

1659
02:18:24,750 --> 02:18:28,630
an adjusted plan or if we needed to do something to change that cap or to do the other side

1660
02:18:28,630 --> 02:18:32,590
of the building, we like stage things all the time across the country so.

1661
02:18:33,230 --> 02:18:33,370
Okay.

1662
02:18:33,890 --> 02:18:36,710
How many square feet is the building, or is the space that you're renting?

1663
02:18:38,210 --> 02:18:38,750
Do you know?

1664
02:18:39,530 --> 02:18:43,710
I don't off the top of my head if I can refer to our application or actually I can check

1665
02:18:43,710 --> 02:18:44,330
my system.

1666
02:18:44,510 --> 02:18:46,210
Do you guys mind if I use my phone to check something?

1667
02:18:46,530 --> 02:18:46,670
No.

1668
02:18:47,550 --> 02:18:47,950
Sorry.

1669
02:18:48,710 --> 02:18:49,390
I'm not trying to ask.

1670
02:18:49,890 --> 02:18:50,850
You're totally fine.

1671
02:18:51,850 --> 02:18:53,050
I'm not trying to stump you.

1672
02:18:57,530 --> 02:19:03,830
I was debating a world peace joke when I first came to the video and I was like, I don't know, they're all still in the room.

1673
02:19:05,030 --> 02:19:05,830
Too thin.

1674
02:19:06,250 --> 02:19:08,110
Yeah, just kidding.

1675
02:19:16,080 --> 02:19:24,900
Because I think to me, as you're looking at having a cap of 50 means that point to acre

1676
02:19:24,900 --> 02:19:32,620
makes more sense than even if you broke down the walls and expanded to the other half

1677
02:19:32,620 --> 02:19:38,820
and then you're at 200, 250, then you might want a different conversation and that would

1678
02:19:38,820 --> 02:19:42,140
require a traffic analysis and a traffic plan and all these other things.

1679
02:19:43,160 --> 02:19:43,700
Yeah.

1680
02:19:43,700 --> 02:19:48,600
What's kind of where I was getting at, too, when just square footage, like 50 students and how much it is.

1681
02:19:48,920 --> 02:19:51,340
I think the point of all this is to make sure kids are...

1682
02:19:51,340 --> 02:19:58,540
3,759 square feet for us, and the full lot area is 8,700 square feet.

1683
02:20:00,400 --> 02:20:03,200
The building that we are taking is $37.59.

1684
02:20:33,440 --> 02:20:33,640
Okay.

1685
02:20:42,210 --> 02:20:52,350
Any other questions? No, they're good. Okay, I think we're good. Anyone else in the gallery that would like to speak on this.

1686
02:20:55,910 --> 02:20:58,390
Seeing none, we will move into discussion.

1687
02:21:01,410 --> 02:21:09,930
Knowing that they have a seem to have a good game plan for the size of the amount of students and the school footage. I'm okay with that.

1688
02:21:09,930 --> 02:21:12,490
Okay sure.

1689
02:21:15,000 --> 02:21:40,280
I can make a motion. Yes, please. Okay. Madam Chair and BOA case 24095 I moved to approve a variance to reduce the minimum lot area for schools established on or after January 1st 1998 from 1 acre to 0.2 acres for the conceptual plans shown on 10.11 of the agenda packet.

1690
02:21:41,920 --> 02:21:46,580
the board finds the hardship to be the

1691
02:21:49,710 --> 02:21:52,770
size of the lot.

1692
02:22:02,530 --> 02:22:04,970
Okay, wait, I need to add the condition, I'm sorry.

1693
02:22:05,710 --> 02:22:09,850
So I moved to approve a variance to reduce the minimum lot area for

1694
02:22:09,850 --> 02:22:13,930
school established on or after January 1st, 1998 from 1 acre to 2 acre.

1695
02:22:14,330 --> 02:22:18,650
For the conceptual plan shown on 10.11 subject to the following conditions.

1696
02:22:18,650 --> 02:22:24,290
that the student enrollment is capped at 50 students.

1697
02:22:25,010 --> 02:22:31,190
The board finds the hardship to be the existing lot size.

1698
02:22:32,350 --> 02:22:35,670
In granting the variance, the board finds that the following facts favorable to the

1699
02:22:35,670 --> 02:22:40,810
property owner have been established that the physical surrounding shape or topographical

1700
02:22:40,810 --> 02:22:45,350
conditions of the subject property would result in unnecessary hardships or practical difficulties

1701
02:22:45,350 --> 02:22:49,310
for the property owner as distinguished from a mere inconvenience if the strict letter

1702
02:22:49,310 --> 02:22:54,090
of the regulations were carried out that literal enforcement of the subject's zoning code provision

1703
02:22:54,090 --> 02:22:58,430
is not necessary to achieve the provisions intended purpose that the conditions leading

1704
02:22:58,430 --> 02:23:02,810
to the need of the requested variance are unique to the subject property and not applicable

1705
02:23:02,810 --> 02:23:08,470
generally to other property within the same zoning classification that the alleged practical

1706
02:23:08,470 --> 02:23:12,930
difficulty or unnecessary hardship was not created or self-employed by the current property

1707
02:23:12,930 --> 02:23:17,050
honor that the variance to be granted is the minimum variance that will afford relief

1708
02:23:17,050 --> 02:23:21,290
that the variance to be granted will not alter the essential character of the neighborhood

1709
02:23:21,290 --> 02:23:25,790
in which the subject property is located nor substantially or permanently impair use

1710
02:23:25,790 --> 02:23:31,750
or development of adjacent property and G that the variance to be granted will not call

1711
02:23:31,750 --> 02:23:36,250
substantial detriment to the public good or impair the purposes, spirit and intent of the

1712
02:23:36,250 --> 02:23:38,090
zoning code or the comprehensive plan.

1713
02:23:39,570 --> 02:23:40,650
Do I have a second?

1714
02:23:41,070 --> 02:23:41,290
Second.

1715
02:23:42,090 --> 02:23:42,610
Okay.

1716
02:23:42,830 --> 02:23:44,350
All those in favor, Ms. Dumas?

1717
02:23:44,770 --> 02:23:44,910
Yes.

1718
02:23:45,350 --> 02:23:46,090
Ms. Williams?

1719
02:23:46,290 --> 02:23:46,450
Yes.

1720
02:23:46,790 --> 02:23:47,610
And I also vote yes.

1721
02:23:48,330 --> 02:23:49,370
So motion carries.

1722
02:23:50,410 --> 02:23:53,450
We have gotten to the end of our agenda.

1723
02:23:54,030 --> 02:23:56,470
Do we have any comments from the board?

1724
02:23:57,970 --> 02:23:58,490
No.

1725
02:23:59,670 --> 02:24:00,190
Okay.

1726
02:24:00,790 --> 02:24:01,430
No comments.

1727
02:24:01,430 --> 02:24:04,350
then we are adjourned at 3.29 p.m.