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Board of Adjustment leaves zoning citations in place for D and B Processing after 2-2 vote
Summary
The Broken Arrow Board of Adjustment split 2-2 on an appeal by D and B Processing over three zoning citations alleging operations outside enclosed buildings and objectionable noise; staff had recommended denying the appeal and the citations remain in effect.
The Broken Arrow Board of Adjustment declined to overturn three zoning citations issued to D and B Processing after a 2-2 roll-call vote on appeal 002946-2026, leaving the city's enforcement action intact.
Staff opened the public hearing and summarized the record, saying, "Staff recommends that appeal 002946-2026 be denied." The citations alleged that some industrial operations were not conducted entirely within enclosed structures and produced objectionable noise and vibrations in violation of the city's industrial-light zoning rules (cited in the staff report as code section 2-1-2(d)).
During public testimony, neighbors read letters and a resident, Pam Schultz, provided video evidence and described sustained noise inside her home. The appellant's representative and D and B's owner offered testimony and said the company had taken mitigation steps, including building an 8-foot concrete wall and moving scrap containers.
A board member moved to accept the appeal and deny the citations; the clerk recorded votes as follows: Michelle Bergwall — yes; Rebecca Hinkle — no; George Jesquire — yes; Judd Hatch — no. Under the board's rules with four members present, a motion required three votes to pass, so the split vote left the citations in place. Staff reminded the appellant of a 30-day window to appeal the board's decision to district court.
