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Bartlesville Board of Adjustment approves special zoning permit for duplex at 307 S. Choctaw Ave.

5091768 · June 26, 2025
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Summary

The Bartlesville Board of Adjustment voted to approve a special zoning permit allowing a duplex to remain at 307 South Choctaw Avenue in the C‑5 commercial district, with conditions including a 90‑day building permit activation and demolition of a detached garage within 90 days.

The Bartlesville Board of Adjustment on an evening vote approved a special zoning permit allowing a multifamily residential duplex to continue at 307 South Choctaw Avenue, conditioned on the applicant obtaining a building permit within 90 days, beginning work within six months, and removing a detached garage within 90 days.

The decision came during the board's regular meeting after Holly Mayhew, city planner for the city of Bartlesville, outlined staff findings and recommended approval with the conditions because the property has an active code enforcement case and the structure has been vacant since 2018. "Section 10.4.6.6 of the zoning regulation states that special zoning permits expire after 1 year if it's not activated by the issuance and utilization of a building permit," Mayhew told the board, and recommended a shorter activation timeline because of the property's condition.

Staff told the board the site is zoned C‑5 (General Commercial), contains an existing duplex and a detached garage, and appears to meet C‑5 bulk regulations based on the applicant's plot plan. Mayhew said the structures were built in 1940 according to Washington County records, the duplex has been vacant since 2018 per city utility billing records, and there is currently an active code enforcement case on the property. Zoning rules referenced in the staff report include sections 6.2.2, 8.1.3, 10.5.3 and 10.5.8, which guide when residential uses may be allowed in C districts and the findings the board must make to grant a special zoning permit.

Mayhew said the comprehensive plan designates the site within the downtown redevelopment district as a traditional neighborhood character area and that multifamily residential uses are considered primary in that designation. She told the board the applicant's on‑site parking plan provides two spaces and exceeds the zoning requirement of 1.5 spaces per dwelling unit.

Applicant Steve Counts, identified himself as president of the board of directors for Sheva Holdings Corp., described planned exterior design and interior improvements and noted safety and amenity upgrades. "We're trying to include all that in there so that it's all encompassing in the rent," Counts said, adding the units would include "high speed giga, gigabyte Internet through BTC, Bixby telecommunications, and they would have security cameras" and that he planned to install two‑hour fire separations between units rather than the current one‑hour code minimum.

Board members asked clarifying questions about the relationship between the staff conditions and the active code enforcement case; Mayhew said the approval conditions are separate from the enforcement action. No members of the public spoke for or against the application during the public hearing.

The board approved the special zoning permit on a roll call vote. The motion on the case (SZP‑0525‑0051) was made by applicant Steve Counts and seconded by board member McCormick; the roll call recorded ayes from Radlinger, McCormick, Hauck and Chair Shamhart.

Votes at a glance: - Consent agenda (approval of minutes of the regular meeting held May 20, 2025): approved by roll call (McCormick, Hauck, Radlinger, Chair Shamhart — all Aye). - Case SZP‑0525‑0051 (special zoning permit to allow multifamily residential duplex at 307 South Choctaw Avenue): approved (motion by Steve Counts; second by McCormick). Conditions: obtain building permit within 90 days and begin work within six months or the permit will expire; detached garage must be demolished within 90 days.

The board had no other public hearings and heard no additional staff comments. During board comments Chair Shamhart and other members praised staff member Micah Snyder, who is leaving his position. The meeting then adjourned.