Oklahoma County Board of Adjustment denies setback variance for Toona Road commercial lots

At its meeting, the Oklahoma County Board of Adjustment denied a requested variance to reduce the required side-yard setback from 25 feet to 10 feet for proposed commercial lots at Toona Road and Waterloo Road.

The setback request, filed for property owned by Jackalope Holdings and represented by Jason Emmett of Cedar Creek Consulting, would have allowed buildings on Lots 2 and 3 to sit 10 feet from the property line shared with an existing church zoned R-2. County planning staff said the property has been rezoned commercial and the applicant seeks smaller setbacks to preserve usable building area while avoiding placing parking adjacent to the church’s playground.

“Ten‑foot setback with a building is better than having parking up against the playground,” Jason Emmett, representing the applicant, said.

The board was also told future road work could affect the parcels. County staff said the Oklahoma Department of Transportation plans to widen Waterloo Road and build a roundabout at the Sooner–Waterloo intersection; a cemetery at the southwest corner and a gas station in neighboring Logan County constrain how the roundabout could be sited. Staff said preliminary alignments could require moving the roundabout slightly onto the subject property or Lot 1 depending on lane configuration.

Developer Eric Fleske and the applicant argued topography and a multi‑tiered site (a 10–12 foot elevation difference between lots and the church) limit options for shifting building footprints onto Lot 1. Fleske said the plan uses a stair‑step retaining wall and that placing a building on the reduced setback would limit vehicle turning against the church and better shield the playground from traffic.

The church submitted a written protest expressing concerns about proximity to its playground; board members noted that protest during deliberations. After discussion, Board member (chair) who moved to deny cited the standard for an “exceptional undue hardship” and said the evidence presented did not meet that standard. The motion to deny the variance passed on roll call, with Board of Adjustment members Jennifer Arsenal and Randy Goodman voting to deny and Cooper Robinson voting to grant the variance.

Votes at a glance: Deny variance request — Aye: Jennifer Arsenal, Randy Goodman; Nay: Cooper Robinson. Outcome: denied.

The board returned the application to the applicant for further work; members suggested the applicant may consider additional site planning that accounts for the planned roadway improvements and the church’s objections.