BOONE COUNTY BOARD OF ADJUSTMENT

COUNTY/CITY - 701 BROADWAY

THIRD FLOOR CONFERENCE ROOM

MINUTES - AUGUST 25, 1994

 

PRESENT: Tom Schneider, Chairperson

Norma Keil

Keith Kirkpatrick

Larry Benton

ABSENT: Jerry Kaufman

ALSO PRESENT: Stan Shawver, Director

Noel Boyt, Secretary

Chairperson Schneider called the meeting to order at 7:00 p.m. Roll call was answered as above. The minutes of July 28, 1994, meeting were reviewed. Board member Kirkpatrick made and Board member Keil seconded a motion to approve the minutes as noted.

Chairperson Schneider made a general statement explaining Board procedures and the right of the applicant to be heard by the full board.

PUBLIC HEARING #1

Tom Kovacs request for a variance from the 50’ front setback in the A-2 zoning district, located at 11360 S. Rte N.

If Mr. Kovacs builds the garage and meets setbacks, he will lose the use of driveway and yard. Mr. Kovacs stated he wanted to attach a garage to his home. He advised that when the house was built six (6) years ago an error was made by a subcontractor. He did not know it existed until the property was staked and found out he was too close to the property line for the garage addition. Mr. Kovacs was asked if the existing house encroaches on the front yard. Mr. Kovacs stated, not at all. The structure he intends to add will be 41 feet from the property line.

Board member Larry Benton asked if the house does meet the setbacks. Mr. Kovacs explained that the house meets required setbacks. Mr. Kovacs explained that the new garage will actually be attached to the front and the driveway will no longer exist.

Keith Kirkpatrick asked how far the addition will be from the road? Mr. Kovacs stated 71 feet. Mr. Kovacs added he was back far enough that there is no blocked vision on the road.

The hearing was then opened to the public.

No one approached the Board in favor or opposed to the request. The public hearing was closed.

Board member Larry Benton stated he had gone out to look at the site and thought it would be very hard to put the garage on either side. He said it did not show on the picture but there was a big tree, and then a power line on the other side.

Motion made by Board member Larry Benton and seconded by Tom Schneider to approve the request.

Voting was as follows:

Larry Benton yes Tom Schneider yes

Norma Keil yes Keith Kirkpatrick yes

The motion passed.

PUBLIC HEARING #2

Request by Gary W. Boyce for a mobile home as a third dwelling on 80 acres located at 17000 N. Willet Road.

Susan Snell, 17000 Willet Road, stated Gary Boyce could not come himself because he worked second shift. Ms. Snell stated that it was 80 acres more or less. There are two mobile homes there now.

Board member Schneider stated the application was unclear as to who would live in the third dwelling. Ms. Snell stated that Gary Boyce is her son and would be living there.

Board member Kirkpatrick stated that there were two dwelling on the property already. Ms. Snell explained that the land was owned in partnership and that there is an old house on it, but it was unlivable.

Chairperson Schneider asked if this was being submitted as a hardship application. Mr. Shawver state that it was a third dwelling on a farm. This was a discretionary matter with the board if it is a family member.

Board member Larry Benton asked where the trailers were located on the property? Ms. Snell stated that they are on the west side, about 75’ apart. Gary wants to put his trailer about 100’-125’ feet off the road and another 100’-150’ from their place.

Board member Keith Kirkpatrick asked if the two trailers that were already there were on septic tanks or lagoons? Ms. Snell stated there is a shared lagoon on the property but Gary wanted to put his own lagoon in.

Michael Tait asked whether this a mobile home park by definition?

Mr. Shawver explained that this is an 80 acre tract zoned A-2. The regulations permit two (2) swellings for family or employees on a farm. A special permit is required for a 3rd dwelling, for a family member or employee. It would be at the Board’s decision to allow it. This is not a mobile home park.

Board member Norma Keil asked if this could be a conditional use permit and would be reviewed? Chairperson Schneider stated that certainly it should be on a review basis every one or two years. Member Keil asked if this would then be a hardship? Chairperson Schneider said as he understood, the regulations said it would be occupied by family member and hardship does not have to be established under the ordnance. But there is no reason why we could not put this on a review basis as a condition granted and restricting it to family member only.

Ms. Snell stated that it was an older mobile home but a nice one. Mr. Shawver stated the other option available was to split the property up into tracts.

Board member Larry Benton wanted to know if Mr. Tait was for or against the request. Mr. Tait stated that to date he had bought property out in the county and broke it up into smaller tracts. The major problem that people perceive is they want assurance that no mobile home parks will go in freely giving variances and conditional use permits do not protect people in the county. Mr. Tait stated he was attending as much to educate himself as well as to see the enforcing of the zoning laws.

Mr. Tait continued, that on page 46 of the regulations, the applicant had a responsibility to, "demonstrate competent and substantial evidence of the requirements for standards granting conditional use permit".

Mr. Shawver explained this was a variance not a conditional use permit. Mr. Tait stated again he was there to educate himself.

Board member Keith Kirkpatrick asked Mr. Tait where his property was in relation to this tract. Mr. Tait stated that he does not own land in the area, he was here for another request.

Board member Larry Benton asked if the two homes were 75’ apart and the third one will be 150’ apart from the nearest one. Ms. Snell showed on the map where the trailers would be.

Board member Larry Benton asked Mr. Shawver if he was satisfied that the application was completed as required by Planning and Zoning. Mr. Shawver said the application met the Board’s requirements. Mr. Benton asked if all the property owners were notified within 1,000’. Mr. Shawver said yes, and no one had contacted him regarding a response to the notice.

Board member Keith Kirkpatrick moved and Chairperson Schneider seconded the approval of the application for the mobile home to be occupied by Gary W. Boyce and family, and to be reviewed every two years.

Voting was as follows:

Keith Kirpatrick yes Tom Schneider yes

Larry Benton yes Norma Keil yes

The motion passed.

 

PUBLIC HEARING #3

Request by Hazel and Billy Joe White for a mobile home as a second dwelling on 10.64 acres located at 6804 Guy Nolin road.

Curtis Atkinson stated he is buying his mother’s trailer and will place it on his grandmother’s land. His brother-in-law will be living about 50 yards away on the same land tract.

Hazel White, the owner explained that this land was willed to her by her parents and she is the original owner. All of the other heirs have sold, but she is giving it to her children. Her son lives there, and her daughter and son-in-law want to move in.

Board member Keith Kirkpatrick asked if the only reason it was before them was the age of the mobile home. Mr. Shawver replied that there are two reasons, one being the second building on the tract and second, all pre-1976 trailers have to come before the board.

Chairperson Schneider stated the variance maybe indicated for a family member and a hardship does not have to be established.

Nancy Adkinson, Curtis’ mother stated that they built a house last December and were to have the mobile home off the land by October 22. Her son has been there the last month and a half painting.

The hearing was then opened to the public.

Mr. Tait stated that he is an adjoining land owner. This is a A-2 zoning and this road is a private road. Mrs. White added it is not maintained by the state.

Mr. Tait asked if two cars could pass. Mrs. White said they do, but Mr. Tait did not agree.

Mr. Tait stated that this would constitute a mobile home park by the zoning laws. This is not an agricultural use, the development of that area had some very nice homes and this would have a negative impact.

Ms. Hazel White indicated that there were five (5) trailers out there now. Mr. Tait asked how many were on one tract. Mrs. White said there were trailers across the street. Mr. Tait said, so we already have a mobile home park. Ms. White said that an older couple and their family live there and that they had nice trailers.

Mr. Tait said he was against this, it will have a negative impact on the property. He does not see a public necessity or hardship. It is becoming a trailer park. Mr. Tait continued that his home backs up to this area. He has a 2,400 sq. ft. shop that has a full bath and kitchen sink. For $1,000.00 he could put walls up in it and have two dwellings on one tract. He stated he would be in violation of the zoning law but if he ever sold it as two separate dwellings, he would defiantly be way ahead of the game.

Ms. White asked that if the land was surveyed, would it be all right?

Mr. Shawver said it would be all right but the trailer would still be a 1973. Mrs. White said in reality if we surveyed the land into two separate tracks, then we can put the trailer there. Mr. Shawver again stated it was a 1973 trailer and would require a permit from the Board.

Mr. Tait advised that if the Road and Bridge Department had been contacted they would advise of significant problems. Guy Nowlin Road is one lane, only two tracks in the grass gravel road.

Bill Rudloff, introduced himself. He state he lived along Kircher Road and this property is directly behind him. Member Kirkpatrick asked if Mr. Rudloff lived on Kircher Road. Mr. Rudloff advised that Guy Nowlin Road access is at his gate.

Chairman Schneider asked how was the property being used now? Curtis Atkinson advised that one trailer is on the land now. Board member Larry Benton asked Mr. Tait where his property was on the map. Mr. Tait said his property was 300’ feet from the back property line. Mr. Tait had an immediate concern for this area if the mobile home is allowed. Other homes in the area are $140 thousand to $180 thousand dollar range. In other words, this does not fit the current rural development of the area by any means.

 

Mr. Tait stated he is within 1,000’ feet of that section. Mr. Tait asked if there was a reason why they are not willing to divide the property into two tracts. Hazel White said the only reason was that she only had two children. One of the two children will receive the land, one will get the house she lives in. They will decide when she dies who gets what.

Mr. Tait’s concern is that mobile homes parks are getting started with 2, 3, 4, trailers on one tract. As a builder- developer he conforms to building laws and this he said does not conform to zoning laws.

Mr. Tait added that if Curtis Atkinson moves out in 3 or 4 years the trailer will still be there.

Mrs. White advised if conditions were such that family was to stay in the trailer or to be reviewed every couple of years, that would not bother her.

Board member Keith Kirkpatrick advised Mr. Tait that the county could have a greater degree of control by approving the application with situations than if Mrs. White chooses to divide it into 5 acres tracts which could forever contain a mobile home each.

Mr. Tait still protested because it promoted a mobile home park as defined by the zoning laws.

Board member Keith Kirkpatrick stated he preferred the situation and have some control over the tract. Chairman Schneider agreed the situation is more acceptable than splitting the tract.

Mr. Rudloff agreed with the panel, he appreciated Ms. White's position on the contribution to her family after her passing but this committee can maintain how the construction goes in the future.

Board member Keith Kirpatrick made a motion and Norma Keil seconded the approval of the application of Hazel and Billy Joe White with stipulation that mobile home be occupied always by Bill Joe or Hazel White and their immediate family and to be reviewed every two years.

Voting was as follows:

Keith Kirkpatrick yes Norma Keil yes

Larry Benton yes Tom Schneider yes

 

The motion passed.

 

PUBLIC HEARING #4

4. Request by Chester and Louanna Reeder for a mobile home as a second dwelling and a variance from the 50' front setback and 50' backyard setback in the A-2 zoning distance on .98 acres located at 1901 E Rte M.

Louanna Reeder stated that where they were going to put the trailer would not work with the septic system and they had to move it. They just need a variance from the back property line.

The unit will be for her elderly mother-in-law. She has been ill for several years and deteriorating health and needs someone to help; this is a temporary solution.

Chairman Schneider asked why it was not put closer to the house.

Ms. Reeder explained that they thought it would look better back where the fence line was. Also, the engineer told them the septic system would work there, but they learned from the installer that there is no way to get the lateral fields to work; it must be relocated to the other side.

Chairman Schneider asked how close would the nearest structure be. Ms. Reeder said it would be about 16' from the property line if not more.

The members asked Mr. Shawver if he had heard of any objection to this request. He said he had not heard from anyone.

Chairman Schneider asked if they were asking for a variance or a hardship basis so that their 70 year old mother could reside in the mobile home alone.

Ms. Reeder stated that because of the flood last year they had to move her out of her home. It was so traumatic, she really is not feeling well now. She needs to be by one of the children. She feels very frightened and scared.

Chairman Schneider asked if any one from the public who would like to address this application.

Board member Keith Kirkpatrick asked where the septic tank was. Ms. Reeder advised it was between the house and garage and would be replaced with a 1200 gallon tank. The Health Dept. was advising to run the 600' lateral field.

Motion made by Chairman Tom Schneider and seconded by Norma Keil to approve the request with a two year renewal.

Voting was as follows:

Tom Schneider yes Norma Keil yes

Keith Kirkpatrick yes Larry Benton yes

The motion passed.

 

 

 

PUBLIC HEARING #5

5. Request by Radel-Smith Construction, Inc. for a variance from the 25' front setback in the R-S zoning district, located at 549 E. Clearview Rd. and property at 547 E. Clearview Rd.

Paul Smith, the Smith of Radel-Smith Construction addressed the board. Mr. Smith showed an aerial view of the Clearview Subdivision. He showed the two properties.

Mr. Smith advised that in July footings were dug, footings signed off by inspector, concrete poured and ground work plumbing was in before it was realized that the garages would be encroaching on the setbacks. Construction immediately stopped and they applied for variance. Only the garage encroaches. One encroaches about 3' 6" and the other encroaches 5'.

Mr. Smith advised it was his fault regarding the setback because when the inspector came out he specifically asked if the setbacks were measured before entrenching the footings. Mr. Smith told him yes.

Mr. Smith advised that looking at the Subdivision Plat it shows the lots, setbacks and the streets. It shows a 30' setback off Clearview Drive even though the county setback is 25'. In confirming the distance is was to be off the curb.

Mr. Shawver advised 57 property owners were advised and no one had contacted him.

Board member Larry Benton asked if the county had taken over the main roads. Mr. Shawver said yes, and there was a 50' right-a-way. Mr. Benton asked with this variance it would be 20' from the edge of garage to the right-a-way instead of the 25' right-a-way. Mr. Benton stated that before the meeting he could not understand why this happened but after being explained, it does not look bad.

Board member Larry Benton made a motion and Keith Kirkpatrick seconded to approve the request for variance at 549 E. Clearview Rd. and 547 E. Clearview Rd.

Voting was as follows:

Larry Benton Yes Keith Kirkpatrick yes

Norma Keil yes Larry Benton yes

The motion passed.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NEW BUSINESS

No new business to report on.

ADJOURN

Meeting adjourned at 9:00 p.m.

 

 

 

 

Respectfully submitted,

 

 

 

M. Noel Boyt, Secretary

 

 

On this ______ day of October, 1994.