Date: 4/17/2014Board: Board of AdjustmentDocumentType: MinutesWeb Posted: 5/16/2014 9:10:32 AM
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The Zoning Board of Adjustment met at a scheduled meeting on Thursday, April 17th, 2014 at 2:30 p.m. in the Municipal Court Chambers at City Hall, Shawnee, Oklahoma, Pottawatomie County, pursuant to notice duly posted as prescribed by law. Justin Erickson, Planning Director for the City of Shawnee, presented the staff reports. Staff reports are available upon request.


AGENDA ITEM NO. 1: Roll Call

Upon roll call the following members were present:
Tom Bierd, Toby Blaylock, Joe Freeman

A quorum was declared present.


NOTE: Newly appointed Commissioner Jim Cooper was also present.

AGENDA ITEM NO. 2: Approval of the June 20th, 2013 Zoning Board of Adjustment meeting minutes.

Joe Freeman made a motion, seconded by Tom Bierd to approve the minutes from the June 20th, 2013 meeting.

Motion carried:
AYE: Freeman, Bierd, Blaylock
NAY: None
ABSTAIN: None

AGENDA ITEM NO. 3: Swearing in of Jim Cooper

Jim Cooper was sworn into the Zoning Board of Adjustment by City Clerk Secretary, Lisa Lasyone.

AGENDA ITEM NO. 4: Case #Z01-14 - A public hearing for consideration of the
following requested variances:
1. Reduction in the side-yard setback to 14 feet, when 36 feet is required;
2. Reduction in required parking spaces to 38, when 40 are required;
and
3. Reduction in the number of standard-dimension parking spaces to 27, when 30 are required, offset by an allowance for 11 reduced/compact spaces

Applicant: 4D Construction

Note: Mat Thomas arrived at 2:40 p.m.
Chairman Bierd asked for the staff report. Justin Erickson presented the staff report and discussed the requested variances in consideration for the applicant. Mr. Erickson explained the application of the Code to the particular piece of property would create an unnecessary hardship in regards to the side-yard setback as outlined in the Shawnee Zoning Code. Mr. Erickson noted that the property is unique in that it was one of the earliest established plats to the City of Shawnee and the applicant has had to overcome multiple obstacles to make redevelopment of the site feasible.
Mr. Erickson informed the board that if such relief were to be granted then in his opinion, the requested variances would be permissible and would not negatively impact the surrounding properties. Mr. Freeman asked about the lighting in regards to the back portion along the eastern side of the fence line. He informed the Board that there is potential for safety hazards with insufficient lighting and mentioned the idea of including shielded lighting. Mr. Bierd then opened the public hearing portion and John Silver came forward to speak for the proposal. Mr. Silver explained the reasons why they were requesting the variances and addressed Mr. Freemans’ lighting concern. Mr. Freeman also asked if there would be signs indicating the smaller parking sizes. Mr. Silver informed him they did not plan to unless otherwise required and Justin Erickson informed the board that there were no regulations requiring compact spaces to be labeled. Tom Bierd asked if anyone had any further questions and closed the public hearing portion. He asked for a motion. Commissioner Freeman made a motion to approve with the added provision for shielded lighting seconded by Commissioner Blaylock.

Motion carried:
AYE: Freeman, Bierd, Blaylock, Thomas, Cooper
NAY: None
ABSTAIN: None


AGENDA ITEM NO 5: NEW BUSINESS/PLANNING DIRECTOR’S REPORT

Justin Erickson reported there was no new business and that he wanted to welcome Jim Cooper to the Board. Mr. Erickson informed the Board that the terms were set for most of the members except for Toby Blaylock and his term will end in June.

AGENDA ITEM NO 6: ADJOURNMENT

Chairman Bierd asked for a motion, Joe Freeman made a motion, seconded by Jim Cooper to adjourn. Meeting was adjourned.

Thereupon, this shall be a legal decision of the Zoning Board of Adjustment by the authority and power vested by Ordinance.





Chairman/Vice-Chairman

Cheyenne Lincoln
Zoning Board of Adjustment Secretary

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