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CONSIDERATION OF ORDINANCE O-1516-4 UPON SECOND AND FINAL READING: AN ORDINANCE OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, AMENDING SECTION 460 OF CHAPTER 22 OF THE CODE OF THE CITY OF NORMAN SO AS TO REMOVE PART OF THE NORTHEAST QUARTER OF SECTION ELEVEN (11), TOWNSHIP NINE (9) NORTH, RANGE TWO (2) WEST OF THE INDIAN MERIDIAN, CLEVELAND COUNTY, OKLAHOMA, FROM THE A-2, RURAL AGRICULTURAL DISTRICT AND PLACE THE SAME IN THE A-1, GENERAL AGRICULTURAL DISTRICT, OF SAID CITY; AND PROVIDING FOR THE SEVERABILITY THEREOF. (4630 EAST FRANKLIN ROAD)
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SYNOPSIS: This property contains approximately 3.28 acres and is located just west of 48th Avenue NE on the south side of Franklin Road. The current property has one single-family home located 220 feet south of Franklin Road. The applicant is proposing to plat and rezone the property from A-2, Rural Agricultural District to A-1, General Agricultural District.
ANALYSIS: The applicant is moving forward with this rezoning and platting request so they can demolish the existing home and rebuild a new home on a different site within this property. Anyone applying for a building permit on an unplatted tract of land must demonstrate it is a "filed of record" legal tract. The warranty deed filed of record, with the County Assessor's Office, for this tract demonstrates it is not recognized as a legal tract of land; it appears a portion of the property was sold without benefit of the legal process for subdividing lands several years back, thus creating an illegal subdivision of two tracts of land. In general, a tract of land in any configuration is recognized as a legal tract if the owner can produce a filed of record warranty deed prior to June 29, 1973. If the tract is considered a legal tract the owner can obtain a building permit, as long as all setbacks, coverage and use requirements are met.
In this case, the records show the applicant purchased this property in early 2003; the land was alre...
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