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-002932-2026, Don Wells Auto Sales Lot 1 Block 1 approximately 0.45 acres, request a variance from Section 2-3-4-N of the Zoning Code requiring vehicle sales and retail to have a minimum lot size of 2.5 acres, located at the northwest corner of West Houston Street (81st Street) and Hwy 51
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Background:
Applicant: Jacob Salyer, Hearth Custom Homes, LLC
Owner: Jacob Salyer, Hearth Custom Homes, LLC
Developer: N/A
Surveyor: N/A
Location: Located at the northwest corner of West Houston Street (81st Street) and Hwy 51
Size of Tract 0.45 acres
Number of Lots: 1
Present Zoning: CH (Commercial Heavy)
Comp Plan: Level 6 - Regional Employment/Commercial
VAR-002932-2026 is a request to waive the minimum 2.5-acre lot size for vehicle sales and retail, located at the northwest corner of West Houston Street (81st Street) and Hwy 51.
This property, currently addressed as 7903 S Highway 51, is a 0.45-acre parcel that has one access point off Old Highway 51 north of West Houston Street (81st Street). The lot has visibility from the west side of (New) Highway 51, but no access and has a 169-foot setback due an OTA (Oklahoma Turnpike Authority) right-of-way. The lot was originally platted in 1999 as Don Wells Auto Sales. The property is completely hard surface with a small office building on the property. The vehicle sales land use has been dormant for more than the six-month period discussed in the Zoning Code.
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:
Staff believes the parcel has geographic constraints that impact the economic viability of the property for commercial use.
2. Unusual Conditions. Such conditions are peculiar to the particular piece of property involved;
Analysis:
The only access is off Old Highway 51 by way of West Houston Street (81st Street), the 169-foot setback from the OTA right-of-way (the “New” Highway 51) creates limited frontage visibility. The peculiarity of the lot presents unique challenges that impact the economic viability of the parcel.
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 variance if granted would not cause substantial detriment to the public good or impair the purposes and intent of the ordinance or the comprehensive plan. This parcel is identified as Level 6 (Regional Employment/Commercial) within the Comprehensive Plan.
4. Minimum Variance. The variance, if granted, would be the minimum necessary to alleviate the unnecessary hardship.
Analysis:
Allowing the platted property, Don Wells Auto Sales, to go back to its original use would be the minimum necessary to alleviate the unnecessary hardship.
Attachments: Case map
Aerial
Comp Plan
Plat
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 reduce the minimum lot size of 2.5 acres for vehicles sales and retail satisfies all four criteria. Staff recommends that VAR-002932-2026 be approved.
Reviewed by: Jane Wyrick
Approved by: Rocky Henkel
RLB