Broken Arrow Board of Adjustment
07-13-2026
To: Chairman and Board Members
From: Community Development Department
Title:
title
Public hearing, consideration, and possible action regarding VAR-002917-2026, 7 Brew Aspen, 1.06 acres, Commercial Heavy (CH), request a variance for drive-thru stacking lane placement, located approximately one-half mile north of West Tucson Street (121st Street S) and just west of South Aspen Avenue (145th E Ave)
End
Background:
Applicant: Chuck Mantione, Crafton Tull
Owner: Clinton Anderson, Peak Development
Developer: N/A
Surveyor: N/A
Location: Located approximately one-half mile north of West Tucson Street (121st Street S) and just west of South Aspen Avenue (145th E Ave))
Size of Tract 1.06 acres
Number of Lots: 1
Present Zoning: Commercial Heavy (CH)
Comp Plan: Level 6 - Regional Employment/Commercial
VAR-002917-2026 is a request to allow a variance on the location of drive-thru stacking lanes for a proposed quick serve beverage facility. Sec. 4-2-5.D.2 of the Broken Arrow Zoning Ordinance specifies that stacking spaces shall NOT be located between the façade of a building and the public street upon which the building fronts. The proposed development is located on a parcel without direct vehicular access to Aspen Ave, access is provided through a platted mutual access easement along the rear property line. This provided access is on the western side of the property.
Due to the nature of available vehicular access and the high amount of vehicle traffic associated with the proposed development the applicant has decided to apply for a variance to allow for the stacking spaces to be in front of the proposed development. The applicant is proposing additional landscaping as seen in the conceptual landscaping plan provided. This will help to screen some of the stacking space area from Aspen Avenue while also increasing the aesthetics of the site.
For a variance to be granted, there are four conditions that must be found by the Board of Adjustment.
1. Unnecessary Hardship. The application of the ordinance to the particular piece of property would create unnecessary hardship;
Analysis:
The proposed quick serve beverage facility has two other locations in Broken Arrow with high traffic amounts necessitating additional stacking lanes and space. An application of the ordinance on this particular site would not allow for the stacking lanes to be on three sides as shown in the plan, particularly due to the configuration of the lot and the location of the mutual access easement.
2. Unusual Conditions. Such conditions are peculiar to the particular piece of property involved;
Analysis:
This parcel was platted as part of the Peak Development. The City of Broken Arrow has regulations regarding the allowable distances between drives onto arterial roads such as Aspen Ave. A mutual access easement at the rear of the lots provides vehicular access to the businesses while meeting the driveway separation requirement along Aspen Avenue. However, this arrangement also creates a challenge in creating a functional site layout for a drive-thru facility.
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:
The requirement for stacking space location is a requirement to increase the visual compatibility of storefronts and developments along an arterial road. The proposed quick serve beverage facility is a unique business type with additional stacking space needs. The applicant is proposing additional landscaping with vertical height to reduce concerns surrounding visual compatibility.
4. Minimum Variance. The variance, if granted, would be the minimum necessary to alleviate the unnecessary hardship.
Analysis:
The request is for a deviation that is aesthetic rather than dimensional and is the minimum variance necessary to alleviate the hardship. Applicant is proposing to include additional landscape to help mitigate views from the public way.
Attachments: Case map
Aerial
Conceptual Landscaping Plan
Recommendation:
Staff recommend VAR-002917-2026 be approved, granting a variance for the location of drive-thru stacking lanes, for the proposed quick serve beverage development.
Reviewed by: Jane Wyrick
Approved by: Rocky Henkel
JAJ