Oklahoma County Board of Adjustment approves setback variance for Derek Dillon, conditions drainage fixes

The Oklahoma County Board of Adjustment voted to approve a variance for a structure that sits 9 feet inside the 25-foot southern setback on a Forest Hills lot, subject to staff verification that the owner installs drainage and erosion controls.

County staff told the board the structure was found without a building permit after an inspector issued a stop-work order; during permitting staff determined the building encroached on the required setback. The application is filed in the name of Derek Dillon. The board recorded a roll-call vote in favor of the motion.

Why it matters: neighbors said the new pad and exposed soil have increased mud and erosion running downhill onto an adjacent property. The board conditioned its approval on measures intended to reduce sediment transport and surface runoff, and on staff oversight during required inspections.

Staff presented aerial photos and the plat, saying the lot slopes to the south toward a drainage easement on the neighboring parcel and that the foundation (pictured as a white square) sits inside the 25-foot setback. "The building itself was too close to the property line," a staff member said when describing why a variance was needed.

The applicant, Derek Dillon, told the board he did not realize a permit was required outside city limits and said he had installed French drains on the north side of the structure. "I wasn't aware of needing a permit for being outside of the city limits," Dillon said, and said he would consider installing a French drain on the south side to move water toward the road.

The adjacent property owner said the new pad had worsened mud and erosion at his driveway and into his house and asked the board to require mitigation. "I don't mind the building. It's a nice building. My problem is the draining," the neighbor said, describing several inches of red dirt that wash into his driveway after rain.

Board members and staff discussed options. Staff advised that non-permanent drainage features such as French drains are not treated as permanent structures for zoning purposes and that silt fencing and re-seeding or laying sod after construction are standard erosion controls. Staff also warned against extending drainage work into the county right-of-way, noting the right-of-way is about 33 feet from the road at that location.

A board member moved to approve the variance "subject to the following": that the applicant take measures to prevent and alleviate further erosion and drainage onto the southern neighbor, including but not limited to installing a French drain within the acceptable setback, placing and maintaining silt fencing between the lots while disturbed, and stabilizing exposed soil with seed or sod. The motion specified that staff would review and approve the measures and verify them during the permit inspections. The motion was seconded and carried on roll call: Mr. Randy Goodman and Mr. Cooper Robinson voted yes.

Officials said the permit remains subject to required inspections (frame, electrical and final) and that staff will track compliance; if mitigation is not implemented, staff retain enforcement options. The board did not require a return appearance if staff can verify compliance through inspections.

The board moved on to new business and adjourned the meeting.