Broken Arrow Board of Adjustment
08-08-2016
To: Chairman and Board Members
From: Development Services Department
Title:
title
Public hearing, consideration, and possible action regarding BOA 717, Kenwood Addition, Lot 1, Block 2, 0.30 acres, R-2, request to reduce the building line setback along both N. Kenwood Avenue and N. Highland Drive to accommodate the encroachment of the existing structure into the building line setback requirement, located one-half mile east of Elm Place, north of Kenosha Street at 1036 N. Kenwood Drive
End
Background:
Applicant: Ronald Whiting
Owner: Ronald Whiting
Developer: NA
Surveyor: James M. Powers
Location: One-half mile east of Elm Place, north of Kenosha Street at 1036 N. Kenwood Drive
Size of Tract 0.30 acres
Number of Lots: 1
Present Zoning: R-2
Comp Plan: Level 2
BOA 717 involves a request for a variance to reduce the front building setback line along both N. Kenwood Avenue and N. Highland Drive for an existing structure. Detailed dimensions have not been provided, but from the survey drawing submitted, the existing structure encroaches approximately 20 feet into the 25 foot building line setback along N. Highland Drive and approximately 15 feet into the 25 foot building line setback along N. Kenwood Drive. The home is located on Lot 1, Block 2 in the Kenwood Addition, one-half mile east of Elm Place, north of Kenosha Street at 1036 N. Kenwood Drive. According to the applicant, the home was constructed in 1950, the plat for Kenwood Addition was recorded in Tulsa County in June 1948.
On May 31, 2016 a survey for mortgage purposes was performed on the property, which found parts of the existing structure to be built over the 30-foot building setback line. The property is zoned R-2 which only requires a front setback of 25-feet, however the plat of the property shows 30-foot front building lines.
When this home was built in 1950, the property was not within the city limits of Broken Arrow. The property was annexed into the City Limits of Broken Arrow on January 17, 1983, with Ordinance 1053. The applicant, who is the current property owner, purchased the home in September 1994 and was not made aware of any issues concerning the placement of the home. In addition, the applicant is one of several owners of the home since its construction. Applicant is in the process of selling this property, and the title company for the buyer has required that a variance be obtained from the City of Broken Arrow to remove the encroachment shown on the mortgage inspection report. Consequently, applicant requests a variance to reduce the building setback requirement along both N. Kenwood Avenue and N. Highland Drive to accommodate the encroachment of the existing structure into the 25-foot building line setback requirement of the R-2 zoning district.
For a variance to be granted, there are six conditions that must be found by the Board of Adjustment.
1. There are unique physical circumstances or conditions, such as irregularity, narrowness, or shallowness of lot, or exceptional topographical or other physical conditions peculiar to the affected property.
Analysis:
When this home was built in 1950, the subdivision was not within the city limits of Broken Arrow. The lot also has two frontage streets with the house positioned at an angle on the lot, which creates a new condition.
2. The unusual circumstances or conditions do not exist throughout the neighborhood or district in which the property is located.
Analysis:
No other structures in the neighborhood are known to encroach into the front building setback line. Due to the subdivision being built in 1950, before current zoning standards and being outside the city limits of Broken Arrow, the home and subdivision present unique zoning circumstances.
3. Such physical circumstances or conditions were not created by the applicant.
Analysis:
Discovery of the encroachments occurred as the applicant was in the process of selling the property. The applicant has lived in the home since 1994 and was not aware of the encroachments. According to the applicant, there have been several previous owners of the home since its construction.
4. Because of such physical circumstances or conditions, the property cannot reasonably be developed in conformity with the provisions of this Ordinance.
Analysis:
Without a variance to the setback line, the house will have to be partially or completely demolished. Because of the existing conditions, the property cannot be reasonably redeveloped in accordance with the provisions of this Ordinance, and this structure has been at this location since 1950.
5. The variance, if granted, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property.
Analysis:
A variance on this property would not alter the character of the neighborhood. According to the applicant, the home has existed for approximately 66 years on the property. Demolishing all or part of the home would create a hardship on the owner and potentially alter the character of the neighborhood.
6. The variance, if granted, would be the minimum variance that will afford relief and is the least modification possible of the provisions of this Ordinance that are in question.
Analysis:
Granting a variance to reduce the building setback line along N. Kenwood Avenue and along N. Highland Drive to accommodate the existing structure will allow the structure to remain in the current placement on the lot and is the minimum variance required.
Attachments: Case map
Aerial Photo
Survey of 1063 N. Kenwood Drive
Kenwood Addition plat
Letter received July 1, 2016, from applicant
Ordinance 1053
1975 Aerial
General Warranty Deed
Commitment for Title Insurance
Recommendation:
By State law and by the City of Broken Arrow Zoning Ordinance, for a variance to be granted, all six conditions listed above must be met. In Staff’s opinion, the request for a variance to reduce the building setback line for the existing structure along N. Kenwood Avenue and along N. Highland Drive meets the six conditions for the Board to grant a variance. Therefore, Staff recommends that BOA 717 be approved for the existing structure only. Any future additions onto the property shall be in compliance with the Zoning Ordinance.
Reviewed By: Farhad Daroga
Approved By: Michael W. Skates
FKD: ALY/BDM