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Bartlesville board approves special zoning permit to allow single-family home at 822 S. Johnstone Ave.
Summary
The Bartlesville Board of Adjustment unanimously approved a special zoning permit to allow single-family residential use on property zoned C-2 at 822 South Johnstone Avenue after staff said the house is a lawful nonconforming structure and no public opposition was received.
The Bartlesville Board of Adjustment on a 4-0 vote approved a special zoning permit (case SZP-0825-0057) to allow single-family residential use at 822 South Johnstone Avenue, a property zoned C-2 (neighborhood shopping commercial).
City planner Holly Mayhew told the board the structure appears to have been built as a single-family dwelling before the current zoning ordinance and therefore is a legal nonconforming use. Mayhew said staff found the lot complies with the C-2 district bulk regulations and that single-family use is a primary use in the site’s traditional neighborhood character area. Staff recommended approval and reported no letters of support or opposition had been received and that the required public notice procedures were followed, including mailings to property owners within 300 feet and a newspaper notice in the Bartlesville Examiner-Enterprise.
During discussion board members asked whether the property previously held a special zoning permit and about prior nonprofit residential uses. Mayhew said the prior use was associated with nonprofit commercial activities; if residents had lived there, staff had not been aware. She explained that legal nonconforming status can continue if the property is not vacant for six months or more and that severe damage (about 60% of value) could cause loss of nonconforming status.
The applicant was listed as DNA Investments; an applicant representative was present. No members of the public spoke during the public hearing.
On a roll call of board members present, the vote was recorded as: Mr. Radlinger — Aye; Mr. McCormick — Aye; Ms. Higbee — Aye; Miss Shamhart — Aye. The chair announced the motion passed.
The board did not attach additional conditions beyond those discussed by staff. The file will proceed according to the city’s permitting process if the property owner pursues remodeling or sale under the single-family residential use.
The Board of Adjustment proceeded to its next agenda item following the vote.
