The Cordell city council reversed its course during Monday’s regular meeting and voted to rescind the variances previously approved for Dollar General and J & D’s Bargains, allowing them to place merchandise for sale on the sidewalk.
The move was advised by city attorney Johnny Beech, who informed the council that their previous approval of the variances stood in conflict with Oklahoma statute, specifically Title 11, Section 11-44-107.
“A variance from the terms, standards and criteria that pertain to an allowed use category within a zoning district as authorized by the zoning ordinance may be granted, in whole, in part, or upon reasonable conditions as provided in this article, only upon a finding by the board of adjustment that: 1. The application of the ordinance to the particular piece of property would create an unnecessary hardship; 2. Such conditions are peculiar to the particular piece of property involved; 3. Relief, if granted, would not cause substantial would not cause substantial detriment to the public good, or impair the purposes and intent of the ordinance or the comprehensive plan; and 4: The variance, if granted, would be the minimum necessary to alleviate the unnecessary hardship.”
Beech informed the council their action to grant the requested variances violated the statute because the board of adjustment, in Cordell’s case the Planning and Zoning Commission, had not recommended the variances to the council. It was therefore, he said, an overreach of the council’s authority to grant the variances.
Beech advised the city code enforcement officer, Christie Cherry, to visit the two businesses in question and explain the situation and allow them a grace period of five or 10 days to remedy the situation. Should they refuse to do so, the fine, he said, would be $500 per day for every item in violation of the ordinance, according to city code.
The council vote was 6-0, with members Steve McLaughlin and Kelly Maddox-Tilley absent.