Broken Arrow Board of Adjustment
11-04-2024
To: Chairman and Board Members
From: Community Development Department
Title:
title
Public hearing, consideration, and possible action regarding VAR-001786-2024, 2807 N Lions Drive Variance, 0.21 acres, R-3/PUD130A, request to reduce the front building setback line from 25 feet to 20 feet along the front property line of North Lions Drive, located approximately one-quarter mile north of Albany Street (61st Street), one-quarter mile west of Elm Place (161st East Avenue) at 2807 North Lions Drive
End
Background:
Applicant: Patrick Delehanty, Villa Homes LLC
Owner: Patrick Delehanty
Developer: NA
Surveyor: N/A
Location: Approximately one-quarter mile north of Albany Street (61st Street), one-quarter mile west of Elm Place (161st East Avenue) at 2807 North Lions Drive
Size of Tract 0.32 acres
Number of Lots: 1
Present Zoning: R-3/PUD-130A
Comp Plan: Level 2 (Urban Residential)
VAR-001786-2024 involves a request for a variance to reduce the front building setback line from 25 feet to 20 feet along North Lions Drive. The property is located approximately one-quarter mile north of Albany Street (61st Street), one-quarter mile west of Elm Place (161st East Avenue) at 2807 North Lions Drive and is platted as Lot 1, Block 1, Stone Wood Crossing II.
A building permit was issued for this property on 5-29-24, with a 20’ setback and a driveway onto North Lions Drive. It was pointed out to staff that the plat has access restricted onto Lions Drive, which means that if a driveway is proposed onto North Lions Drive, the setback is increased to 25’, as laid out in PUD 130A (attached). After this was pointed out to the applicant, they were able to rework the plans to show a driveway onto West Elmira Street, which means that the 20’ setback was allowed. The house on this property is still under construction, and the builder has requested that a driveway be allowed onto Lions Drive. VAR-001786-2024 is to allow for a driveway onto Lions Drive without this triggering the increase to 25’ which is required by the restricted access on the Plat.
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:
The property is a corner lot, which requires two front setbacks, but is not drastically different from other lots within the development.
2. The unusual circumstances or conditions do not exist throughout the neighborhood or district in which the property is located.
Analysis:
The unusual circumstance for this building permit is that it was issued with incorrect setbacks initially. This error was not caught until after framing of the house had begun, which means that the builder decided to move the driveway instead of the house. This caused a non-traditional shaped driveway, which is not the preferred solution.
3. Such physical circumstances or conditions were not created by the applicant.
Analysis:
The applicant is not at fault for the house being built with a 20’ setback. The city should have caught this during the plan review.
4. Because of such physical circumstances or conditions, the property cannot reasonably be developed in conformity with the provisions of this Ordinance.
Analysis:
This property can be built in conformance with the zoning ordinance. To do so, the property would have a 20’ setback, but will have a drive onto Elmira Street. This amended plan is what the city approved to allow construction to continue, but is not the preferred solution.
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. This house will be finished with a 20’ setback either way, and the nontraditional driveway onto Elmira Street would 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 Lions Drive to accommodate ethe preferred driveway location is the minimum variance required.
Attachments: Case map
Aerial
Exhibit
Approved PUD 130A
Stone Wood Crossing II Plat
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 at 2807 North Lions Drive meets the six conditions for the Board to grant a variance. Therefore, Staff recommends that VAR-001786-2024 be approved to reduce front setback on Lions Drive from 25’ to 20’.
Reviewed by: Amanda Yamaguchi
Approved by: Rocky Henkel
HMB