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LEGISLATIVE RESEARCH CENTER
File #: 26-152    Name:
Type: Public Hearings Status: Agenda Ready
File created: 1/6/2026 In control: Board of Adjustment
On agenda: 1/12/2026 Final action:
Title: Public hearing, consideration, and possible action regarding VAR-002576-2025, TFCU, approximately 1.37 acres, CG (Commercial General), request a variance from Highway Design Overlay District orientation regulations, located approximately one-third mile north of West Tucson Street (121st Street), and just east of South Aspen Avenue (145th East Avenue)
Attachments: 1. 2 - Case Map, 2. 3 - Aerial, 3. 4 - Current Site Plan, 4. 5 - Applicant Letter, 5. 6 - Site Images
Date Action ByActionResultAction DetailsMeeting DetailsVideo
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Broken Arrow Board of Adjustment

01-12-2026

 

To:                     Chairman and Board Members

From:                     Community Development Department

Title: 

title

                     Public hearing, consideration, and possible action regarding VAR-002576-2025, TFCU, approximately 1.37 acres, CG (Commercial General), request a variance from Highway Design Overlay District orientation regulations, located approximately one-third mile north of West Tucson Street (121st Street), and just east of South Aspen Avenue (145th East Avenue)

End

Background:

Applicant:                                          Michael Doggett, Animas Civil Engineering

Owner:                     Tinker Federal Credit Union

Developer:                                          Jason Kapka, Tinker Federal Credit Union

Surveyor:                                          N/A

Location:                     Located approximately one-third mile north of West Tucson Street (121st Street), and just east of South Aspen Avenue (145th East Avenue)                     

Size of Tract                                          1.37 acres

Number of Lots:                     1

Present Zoning:                     CG - Commercial General

Comp Plan:                                          Level 6 - Regional Employment/Commercial

 

VAR-002576-202 involves 1.37 acres, which is zoned CG, is a request to waive the Highway Design Overlay District (HDOD) orientation regulations, Located approximately one-third mile north of West Tucson Street (121st Street), and just east of South Aspen Avenue (145th East Avenue.)

 

This property is in the process of being developed into a Tinker Federal Credit Union branch. Due to site conditions, mainly topography due to turnpike onramps, the site is not visible from the Creek Turnpike and is mostly visible from its frontage off Aspen Avenue. The applicants are requesting a variance to be granted. There are four criteria that must be met for the Board of Adjustment to grant the variance.

 

1. Unnecessary Hardship. The application of the ordinance to the particular piece of property would create unnecessary hardship;

 

Analysis:

This parcel has unique topographical challenges due to the slopes required for the controlled access intersection of the Creek Turnpike and Aspen Avenue.

 

2.   Unusual Conditions. Such conditions are peculiar to the particular piece of property  involved; 

 

Analysis:

Other properties which abut the Creek Turnpike or OK-51 often do not have the same topographical challenges as this location. 

 

3.   Public Good. Relief, if granted, would not cause substantial detriment to the public good, or impair the purposes and intent of the ordinance or the comprehensive plan; and

 

Analysis:

Because this property is located at a lower elevation than both Aspen Avenue and the view of the site is mostly not visible from the Creek Turnpike, allowing the orientation of the building to face Aspen Avenue will not cause a substantial detriment to the public good, or impair the purposes of the ordinance or the comprehensive plan.

 

4.   Minimum Variance. The variance, if granted, would be the minimum necessary to alleviate the unnecessary hardship.

 

Analysis:

The property could be built fronting the Creek Turnpike; however, it would be visible mostly to westbound on-ramp traffic and not those driving on the Creek Turnpike itself.  Granting a variance to waive the HDOD orientation requirement will be the minimum variance to the HDOD design requirements.

 

 

Attachments:                               Case map
                                  Aerial
                                  Site Plan
                                  Applicant Letter
                                  Site Photos
                              

Recommendation:                     

By State law and by the City of Broken Arrow Zoning Ordinance, for a variance to be granted, all four criteria listed above must be met.  In Staff’s opinion, the request for a variance to waive the HDOD orientation requirements meets the four criteria for the Board to grant a variance.  Therefore, Staff recommends that VAR-002576-2025 be approved. 

 

Reviewed and Approved by:  Rocky Henkel
                     

JAJ