Commission recommends denial of setback waiver after unpermitted pergola built in Oakmont Estates PUD

The Tulsa Metropolitan Area Planning Commission recommended denial of a minor amendment to PUD-836 that would have reduced the required 5‑foot interior side setback to 0 feet to permit a pergola adjacent to a neighbor’s property. Staff said the pergola was constructed without a permit and that the Zoning Code requires a five‑foot clear area on side setbacks for all lots in the subdivision; staff recommended denial because the request represents a significant departure from the approved PUD standards.

Neighbors and the HOA raised objections at the public hearing. Tracy Upton and HOA Vice‑President Jan Wade opposed the request citing safety, fire risk, lack of required permitting, and HOA signature irregularities; Barbara Smith said the applicant previously sought permission to build a slab and later a side‑yard pergola and hot tub. Neighbor Richard Kosman said he would not oppose construction if building and zoning codes were followed but noted a utility easement runs under the pergola. Applicant Charles Pierce told the Commission he was not a contractor or city inspector and said he “wanted to do this the proper way and is here today to do that,” explaining the HOA president had communicated approval by email but that staff and the Commission must enforce zoning standards.

Commissioners noted approval would effectively excuse unpermitted construction and allow use of a utility easement without the required City license. On a motion by Hood, seconded by Turner‑Addison, the commission recommended denial per staff’s recommendation (vote recorded as 8-0-1 with Carr abstaining). The decision preserves the five‑foot side setback requirement across PUD‑836 and leaves any easement license or permit issues to separate city processes.