BOONE COUNTY BOARD OF ADJUSTMENT MINUTES
County/City Building - 701 E. Broadway
January 26, 1995 - 7:00 p.m.
PRESENT: Tom Schneider, Chairman
ABSENT: Norma Keil
ALSO PRESENT: Stan Shawver, Director
Noel Boyt, Secretary
Chairperson Schneider called the meeting to order at 7:02 p.m. in the Third Floor Conference Room. Roll call was answered as above.
Chairperson Schneider adjusted the agenda to take up Shirley George first, Patrick Simon second and Elizabeth J. Kennedy third.
The minutes of October 27, 1994 were reviewed. Board member Kirkpatrick made and Board member Benton seconded the motion to approve the minutes. Motion was approved by acclamation.
Chairperson Schneider made a procedural statement explaining Board procedures and the right of the applicant to be heard by the full board.
Request #1 SHIRLEY GEORGE
Request by Shirley George to place a 1973 mobile home on .7 acre located at 3700 E. Todd Road.
Director Shawver’s written report to the board members stated the property is located on Todd Rd. approximately 2 1/2 miles north of Columbia. The property is zoned A-2 (Agriculture) as is all of the surrounding property. There is an old house on the property that is in very poor condition. The property consists of .7 acres of ground.
The request is to place a 1973 mobile home (12’ x 70’) to be used as a dwelling in lieu of the old house. The old house will not be used for residential purposes if this request is granted.
There have been no previous requests submitted on behalf of this property. Staff notified 10 property owners concerning this request.
Charles Todd was in attendance for Shirley George. Chairman Schneider received a letter from the applicant authorizing Charles Todd, her brother, to represent her.
Chairman Schneider asked Mr. Todd if Ms. George was willing to vacate the existing home and Mr. Todd said she would.
Board member Kirkpatrick asked staff if this was about .7 of an acre and a legal lot of record. Mr. Shawver advised the lot was created prior to Planning & Zoning and was a family transfer.
Board member Kirkpatrick asked Mr. Todd what were the plans for the old house. Mr. Todd said it was to be torn down.
Chairman Schneider stated that on condition the old house was not occupied, he did not see any problems with the request.
Board member Kirkpatrick made and Board member Benton seconded a motion to approve the request with the condition that the existing house/building on the tract not be occupied.
Voting was as follows:
Keith Kirkpatrick yes Larry Benton yes
Jerry Kaufman yes Tom Schneider yes
Motion was approved unanimously.
REQUEST #2 PATRICK SIMON
Request by Patrick Simon for a variance allowing the construction of a building within 14 feet of the rear property line, rather than 25 feet as required by the M-L (Light Industrial) zoning district, for property located at 1330 E. Prathersville Road.
Director Shawver’s written report to the board members stated the property is located approximately 1 1/2 miles north of Columbia on Prathersville Rd. The property is zoned M-L (Light Industrial). Property to the west, east and south is zoned M-L. Property to the north, across Prathersville Rd. is zoned R-M (moderate density residential).
The applicant wants to construct a new building that will be 14 feet from his south property line.
There have been no previous requests concerning this property. Staff notified 35 property owners concerning this request.
To construct a building within 14 feet from the rear property line rather than 25 feet as required by the M-L (Light Industrial District).
Mr. Paul Meadley, Little Dixie Construction Company was present to represent Mr. Simon since he was called out of town.
Chairman Schneider asked Mr. Shawver what was the zoning adjoining this site. Mr. Shawver advised it was M-L on three sides and across the road to the north on Prathersville Road it was R-M. South was open land of about 160 acres, zoned M-L
This part had been part of Gas Light Acres Subdivision and had been platted prior to Planning and Zoning. About 1970 a survey was done and took out this right of way. The county does not maintain Tower Drive.
Washington Elbert spoke to the Board. He stated he had lived in the area 19 years. At the time he bought his home, the county said they would take over Tower Dr., but they have not done it yet.
Mr. Shawver stated Mr. Elbert’s home was to the east. The road does not exist at this site. The 1970 survey took that out. If this would go through a process today, the county would require it to be vacated. Back in 1970 when this was done, there was no such requirement.
Chairman Schneider ask if there physically was a road there. Mr. Shawver advised no.
Mr. Elbert spoke up regarding the road and area around the water tower. His concerns were addressed by the Board members. The area he was referring to was shown on a map east of the variance request, Mr. Elbert withdrew his objection.
Chairman Schneider clarified that this was not a public dedicated road or maintained road. Someone showed it on a survey then it was surveyed over and that erased it. Mr. Shawver agreed with his statement.
Member Kirkpatrick stated there is a 25 foot setback and they want to impose on it 11 feet. As long as it is not an access easement, he did not see a problem.
Member Benton asked what was the reason for the 25 foot setback, was it for fire protection?
Mr. Shawver stated that the building code requires a fire separation of at least 30 feet.
Mr. Paul Meadley advised there was a fire wall in the bid.
Member Benton said he would have a couple of problems with it. One, that it was a 50 foot right-of-way on Tower Drive, which means it would be easy for the County some day to take over. If a building would be put on to that, it would eliminate that possibility for the future. Second, he had a problem with changing setback requirements for this type of reason.
Member Kirkpatrick asked Mr. Meadley what the reason was for this change. Mr. Meadley advised the owner wanted it for business. The owner was to have storage there. The owner has no retail business. Most of his work is with Dana Corp. The building will store parts that he works on for Dana Corp. If the building went north, it would be the front of the building and would cut down on the parking.
Chairman Schneider asked where the road would go to if it were extended? Mr. Shawver advised the original plat called for it to eventually go to Prathersville Road, it did not project onto Hwy 63.
Chairman Schneider asked if the road would ever become a county road. Mr. Shawver did not see the County extending it. It could be possible for the Spencer’s could come in and plat land to the south and then have to be provided additional right-of-way since it no longer exists there.
Member Kirkpatrick ask if Mr. Spencer who owns the property to the west was the same that owned to the south. Mr. Shawver said it was the same to the west and south, it was George Spencer.
Member Benton asked if they (the Spencer’s) were sent notice of this and no response. Mr. Shawver said they were notified.
Chairman Schneider was concerned if the county will ever intend to use the right-of-way for street extension. If it does not, Mr. Schneider was not concerned that the building would be too close to the Spencers’ property line and the Spencer Trust apparently has no objection to it.
Member Kirkpatrick stated he felt comfortable with the request.
Member Kaufman asked if there was a likelihood that some of this land would be developed in the near future. Mr. Shawver stated it would be developed for industrial purposes.
Member Kaufman asked if the road on the aerial was a road. Mr. Shawver advised there was a county lagoon back there and that was an access road.
Member Kaufman asked Mr. Elbert if he had any objection to the building other than the road problem. Mr. Elbert stated the only problem now is that they are already using the road. The home owners of the seven houses are maintaining it. Mr. Elbert acknowledged that Mr. Simon does not use the road.
Chairman Schneider made and Member Kirkpatrick seconded a motion to approve the request for Patrick Simon to construct a new building that will be 14 feet from his south property line.
Voting was as follows:
Tom Schneider yes Keith Kirkpatrick yes
Larry Benton yes Jerry Kaufman yes
Motion to approve request passed.
Request #3 ELIZABETH J. KENNEDY
Request by Elizabeth J. Kennedy to place a mobile home as a second dwelling on 10 acres located at 9300 Davis Road.
Director Shawver’s written report to the board members stated the property is located approximately 1 1/2 miles northeast of Hallsville on Davis Road. The property is zoned A-1 (Agriculture). Land to the east, west and south is zoned A-1. Land to the north across Davis Road is zoned A-2.
There is a double wide home on the property that is occupied by Mrs. Kennedy. This request is for her daughter to move her mobile home on the property. There have been no previous requests for this property. Staff notified 16 property owners concerning this request.
Chairman Schneider asked if Elizabeth J. Kennedy was present or if there was anyone present representing Ms. Kennedy. No one spoke out.
Due to no representation for Elizabeth J. Kennedy the petition was dismissed.
Chairman Schneider made and Member Kirkpatrick seconded a motion to dismiss this application due to non appearance by applicant.
Motion passed by acclimation to dismiss application.
Meeting adjourned at 7:30 p.m.
Noel Boyt, Secretary
On this _______ day of February, 1995