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In Re Pierces Appeal

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eBook details

  • Title: In Re Pierces Appeal
  • Author : Supreme Court of the State of Oklahoma
  • Release Date : January 27, 1959
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 56 KB

Description

1 Beginning in 1943, John L. Pierce, who appears herein as defendant in error, but will hereinafter be referred to as applicant, has owned a parcel of real estate in Tulsa, Oklahoma, consisting of a lot with street frontage of 50 feet and depth of 85 feet, and a two-story, 4-family, or 4-unit, frame apartment building thereon. He has been living in one of the units, or apartments, and renting to other persons the other three apartments. The property is located in what is designated as a "U-2 A Zone" district. The uses of property located in such district are described by said Citys Ordinance No. 7937, which was enacted in 1956. The only multiple family dwellings, or buildings, said ordinance authorizes in such district are those "designed and built to accommodate not more than four family units * * *". The ordinance further states, among other things: "* * * provided that no such building shall be erected on a lot or tract of land having less than 50 feet frontage and a minimum lot area of 4,000 square feet per family unit * *". Being desirous of constructing an additional building on the above mentioned lot to contain utility and storage space for his tenants in the existing building and to also contain an apartment he could occupy (thus making available for rental to others the one he then occupied) appellant made oral application to Mr. H.W. Goodwin, Tulsas Building Inspector, for a building permit to erect a proposed additional building on the lot. Goodwin refused to issue the permit. Later, appellant contacted a building contractor named A.C. Futral, told him of his desire to erect the building; and Futral thereafter obtained for him from one W.R. Thompson, deputy building inspector, a building permit dated October 4, 1957, which described the "Nature of Work" (to be performed under it) as a frame addition to the rear of dwelling "2 story - no expansion of living space." The permit described the use to be made of the additional building only as "utility and household storage."


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