Broken Arrow Board of Adjustment
1-22-2025
To: Chairman and Board Members
From: Community Development Department
Title:
title
Public hearing, consideration, and possible action regarding VAR-001913-2024, 2210 South Aspen Place Variance, 0.5 acres, Commercial General (CG)/ PUD-50, request to reduce the side building setback line from 35 feet to 31 feet along the north property line of 2210 South Aspen Place, located approximately southwest of the southwest corner of West Washington Street (91st Street), and South Aspen Avenue (145th East Avenue) at 2210 South Aspen Place
End
Background:
Applicant: Jeff Lord
Owner: Jonathon Pride
Developer: NA
Surveyor: N/A
Location: Approximately southwest of the southwest corner of West Washington Street (91st Street), and South Aspen Avenue (145th East Avenue) at 2210 South Aspen Place
Size of Tract 0.5 acres
Number of Lots: 1
Present Zoning: Commercial General (CG)/ PUD-50
Comp Plan: Level 4 (Commercial/Employment Nodes)
VAR-001913-2024 involves a request for a variance to reduce the side building setback line from 35 feet to 31 feet along the northern property line at 2210 South Aspen Place. The property is located approximately southwest of the southwest corner of West Washington Street (91st Street), and South Aspen Avenue (145th East Avenue) at 2210 South Aspen Place and is platted as Lot 7, Block 1, Brentwood Center.
This property has one existing building, and there is a proposed 22’ x 70’ expansion on the west side of the building, as shown on the attached exhibit. The existing building was built in 2014 at a slight angle. On the north side of the property line, the building is built over the build line approximately 1.3’ on the east side of the building, increasing to 2.8’ on the west side of the existing building. The applicant is proposing for the expansion to be built on the west side of the building and continue with the existing slant of the building. This means that the building expansion would encroach on the northern building line approximately 3.1’.
VAR-001913-2024 is proposed to bring the existing building into conformance, and to allow for the proposed expansion, as shown in the attached exhibit.
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 unique circumstance is that the existing building is built over the build line.
2. The unusual circumstances or conditions do not exist throughout the neighborhood or district in which the property is located.
Analysis:
No other non-conforming buildings have been found in the neighborhood.
3. Such physical circumstances or conditions were not created by the applicant.
Analysis:
The applicant was not aware of any encroachment until they began the process of expanding the building.
4. Because of such physical circumstances or conditions, the property cannot reasonably be developed in conformity with the provisions of this Ordinance.
Analysis:
The existing building could be expanded with a non-conventional building shape which follows the build line instead of the existing building, but a variance would still be required to bring the existing building into compliance.
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.
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 VAR-001913-2024 would be the minimum variance that will allow the expansion to follow the existing building shape.
Attachments: Case map
Aerial
Exhibit
Brentwood Center 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, and proposed expansion, at 2210 South Aspen Avenue, meets the six conditions for the Board to grant a variance. Therefore, Staff recommends that VAR-001913-2024 be approved to reduce side building setback line from 35 feet to 31 feet along the north property line.
Reviewed by: Amanda Yamaguchi
Approved by: Rocky Henkel
HMB