Broken Arrow Board of Adjustment
11-13-2017
To: Chairman and Board Members
From: Development Services Department
Title:
title
Public hearing, consideration, and possible action regarding BOA 720, Michal M. Gordon Property, 0.20 acres, R-3, request to reduce the building setback line from 20 feet to 15 feet along the west property line for an existing single-family residence, located one-third mile north of Washington Street, one-quarter mile west of 9th Street, at 800 E. Richmond Place
End
Background:
Applicant: Michal M. Gordon
Owner: Michal M. Gordon
Developer: NA
Surveyor: David L. M. Louy
Location: One-third mile north of Washington Street, one-quarter mile west of 9th Street at 800 E. Richmond Street
Size of Tract 0.20 acres
Number of Lots: 1
Present Zoning: R-3
Comp Plan: Level 2
BOA 720 involves a request for a variance to reduce the building setback line on a corner lot from 20 feet to 15 feet along the west property line for an existing single family residence. The property is located one-third mile north of Washington Street, one-quarter mile west of 9th Street at 800 E. Richmond Place. According to a recent survey, the west part of the property is located 15 feet from the property line.
In the R-3 district, when more than two sides abut a public street, the front yard may be reduced to 15 feet along those rights of way that have no vehicular access. In such instances, there shall be no obstruction in a 15-foot front yard and vehicular access should be from the street with the lowest design speed and capacity and lowest traffic volume. However, the jog in the front yard between the two lots shall not exceed five feet. Vehicular access to this property is from Richmond Place, which a cul-de-sac street. The abutting property to the north has its access from 6th Street and is setback 25 feet from the property line. Consequently, according to the Zoning Ordinance, the building setback distance along 6th Street for the property associated with BOA should be 20 feet. As a result, the property associated with BOA 720 encroaches five feet into the building setback line along 6th Street.
According to the applicant, the house was built in the early 1970’s. Applicant purchased the property in 1979. At the time of purchase, no information regarding any encroachments over the building setback line were provided to the applicant. Applicant is now in the process of selling the property. During the title survey, it was discovered that the building encroached into the building setback line.
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 home was built in the early 1970’s. Access to the property is from Richmond Place, which is a low design speed, low traffic count cul-de-sac street. It is unknown how the building was constructed to be setback only 15 feet from the property line in the early 1970’s. The plat shows a 25-foot building setback line along all street frontages. The lot associated with BOA 720 is 70 feet in width, which for a corner lot is a narrow lot. In addition, it is not known when the house on the abutting property was constructed. If the house to the north had been oriented facing north with similar setbacks, the house associated with BOA 720 would be in compliance with the Zoning Ordinance. It is also possible that the house to the north could have been constructed after the house associated with BOA 720. No access restrictions are shown on the plat. Consequently, the narrowness of the lot for a corner lot could have impacted why the house was built only 15 feet from the property line along the west boundary.
2. The unusual circumstances or conditions do not exist throughout the neighborhood or district in which the property is located.
Analysis:
In examining the aerial photo, no other houses in the immediate area appear to fail to meet the setback requirements on corner lots.
3. Such physical circumstances or conditions were not created by the applicant.
Analysis:
Applicant is in the process of selling the house and only became aware of the setback encroachment as part of a title survey. When he purchased the house in 1979, no encroachment issues were identified to him. Therefore, the encroachment into the west side yard building setback line was not created by the applicant.
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 demolished because the entire west side of the house encroaches five feet into the building setback line. 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 it was constructed in the early 1970’s.
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. 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 the west boundary 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
Oak Crest 4th Addition 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 800 E. Richmond Place meets the six conditions for the Board to grant a variance. Therefore, Staff recommends that BOA 720 be approved for the existing structure only. Any future additions onto the property shall be in compliance with the Zoning Ordinance. In addition, as stipulated by the Zoning Ordinance, no vehicular access shall be allowed to 6th Street.
Reviewed by: Larry Curtis
Approved by: Michael Skates
LRC: BDM