Broken Arrow Board of Adjustment
08-08-2016
To: Chairman and Board Members
From: Development Services Department
Title:
title
Public hearing, consideration, and possible action regarding BOA 716, Iron Horse Ranch, Lot 2, Block 1, 0.25 acres, RS-3, request to reduce the building setback line along 2805 W. Imperial Street from 25 feet to 23 feet, located one-half mile west of Aspen Avenue, north of Jasper Street
End
Background:
Applicant: Barbara Rau
Owner: Irene Shelgosh
Developer: Rausch Coleman
Surveyor: K.S. Collins, Collins Land Surveying, Inc.
Location: One-half mile west of Aspen Avenue, north of Jasper Street
Size of Tract 0.25 acres
Number of Lots: 1
Present Zoning: RS-3
Comp Plan: Level 2
Background:
BOA 716 involves a request for a variance to reduce the building setback line on 2805 W. Imperial Street from 25 feet to 23 feet. The home is located on Lot 2, Block 1 in the Iron Horse Ranch addition, located one-half mile west of Aspen Avenue, north of Jasper Street.
On June 6, 2013, a residential plot plan and building permit for a single family detached residence on Lot 2, Block 1 of Iron Horse Ranch was approved by the City of Broken Arrow. The plot plan showed the structure to meet all the building setback requirements of the Zoning Ordinance.
On December 29, 2015, a land survey for mortgage loan purposes was completed for the second buyer of the home. Survey results showed the northwest corner of the existing structure to be encroaching over the building setback line by 1.7 feet.
The encroachment was caused by the property not being plotted to reflect the approved plat. The northwest corner of the property is abutting the beginning of a cul-de-sac and has a slight curvature that was not taken into account when the building setback lines were calculated, causing the northwest corner of the home to be built over the building setback line.
Applicant’s Request
Applicant has submitted a request for a variance to reduce the building line setback 2805 W. Imperial Street from 25 feet to 23 feet.
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 slight curvature on the northwest corner of the lot is unique to this property.
2. The unusual circumstances or conditions do not exist throughout the neighborhood or district in which the property is located.
Analysis:
The circumstance is unique to this property and does not exist throughout the neighborhood.
3. Such physical circumstances or conditions were not created by the applicant.
Analysis:
The applicant is the second purchaser of the home and was not involved in its construction. Errors in the plot were discovered when a survey was requested by the applicant’s mortgage company.
4. Because of such physical circumstances or conditions, the property cannot reasonably be developed in conformity with the provisions of this Ordinance.
Analysis:
Alterations to the property would be costly and cause hardship to the owner of the home. The 1.7-foot encroachment into the building setback line does not significantly affect the property or neighboring properties.
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:
The front, northwest corner is the only portion encroaching into the building setback line; the rest of the structure is appropriately set back. The encroachment will not impair the use of the property or adjacent properties. This structure with the encroachment of 1.7 feet (part of triangle) has been on this lot since 2013.
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 from 25 feet to 23 feet, for this encroachment only, 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 of 2805 W. Imperial Street, December 2015
Iron Horse Ranch plat
Plot Plan Submitted and approved for building permit, June 2013
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 along 2805 W. Imperial Street from 25 feet to 23 feet meets the six conditions for the Board to grant a variance. Therefore, Staff recommends that BOA 716 be approved for the existing structure. Any future additions onto the property shall be in compliance with the Zoning Ordinance.
Reviewed By: Farhad Daroga
Approved By: Michael W. Skates
FKD: ALY