BOONE COUNTY BOARD OF ADJUSTMENT MINUTES
County/City Building - 701 E. Broadway
February 23, 1995 - 7:00 p.m.
PRESENT: Tom Schneider, Chairman
ABSENT: Jerry Kaufman
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.
The minutes of January 26, 1995 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. Mrs. Kennedy advised she wanted to continue.
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.
Elizabeth J. Kennedy was present, she advised her husband died December 1994. She was asking for her daughter to be able and have the second dwelling. The daughter lived 20-25 miles away to the south in Columbia. and she lived 2.5 miles north of Hallsville.
Chairman Schneider asked if her daughter lived across the street. Mrs. Kennedy advised the daughter did but with their own family time had lapsed between their visits.
Chairman Schneider asked if her step-son was still helping with the property. Mrs. Kennedy stated that since there were so many memories there, the step-son had not come by near as often and that Ken was trying to move away and would not be helping.
Mrs. Kennedy advised here daughter had an 1987 mobile home and wanted to place the mobile home approximately 200-300 feet away on her property.
Rita and Scott Estes, daughter and son-in-law to Mrs. Kennedy were present. Mr. Estes stated he saw no reason not to approve the request. He did not feel it was any one’s business what they did on their land.
Lisa Auss, daughter was present. She stated she wanted to be by her mother. Her sister may live on the same road but it was hard for her to come by with the activities of her own family. Lisa advised that she wanted to live close to her mother but not in the same dwelling. She advised another son-in-law had lived close to help out until his father died in December. Lisa stated that in the 17 years her mother lived at that location, she only recognized Mr. McNabb who was present for the meeting.
Jerry McNabb addressed the board. He stated that there are reasons for having restrictions for the zoning. He was not in favor of the second dwelling on her property.
Debbie Johnson, neighbor spoke out and agreed with Mr. McNabb, she did not want the second dwelling there.
John Harris spoke out. He stated he had lived in the area since 1990, he had 5 acres and a mobile home. He continued that it was not so much Mrs. Kennedy’s second trailer, but possibility that approval will generate additional requests.
Some discussion followed regarding this "other" neighbor. Mr. Harris stated the neighbor has 6 horses and 40 dogs. When they complained of the noise, the neighbor put in hogs and now the smell is horrendous.
Clarence O’Connor addressed the board. He spoke of trailers in the area and junked yards.
John Harris stated he did not want to see another junked yard. He also spoke about when the wind is in the south it smelled so bad from the hogs.
Mrs. Kennedy addressed the concerns. She asked what the Harris’s and O’Connor’s lived in. They responded trailers. Mr. O’Connor stated his trailer and property had a large value and with trailers and hogs around, thing were not looking good.
Mrs. Dorothy Harris did not want to pry, but she wanted to know what Mrs. Kennedy’s health problem/problems were. She herself had arthritis problems but still managed to keep the yard in order.
Mrs. Kennedy stated she had arthritis and other problems.
Lisa, stated her (father) Bill kept a lot of things and she would be spending a lot of time cleaning up and keeping things in order.
John Harris spoke of the "other" neighbor across the road. He just knew he would be in for his second dwelling variance as soon as Mrs. Kennedy’s was approved.
Lisa stated she would rather live in a home but at present she did not have $150,000 to put into a house like Mr. Harris.
Mr. Harris stated the property value had decreased with all the trailers around.
Closed to public hearing
Member Benton asked where Mr. O’Connor lived.
Chairman Schneider read the requirement for unnecessary hardship from the Zoning Regulation:
"C. Board of Adjustment
4. (c) Where by reason of shape or topography or other extraordinary or exceptional situation or condition of a specific ordinance would result in peculiar and exceptional difficulties to or exceptional and demonstrable due hardship upon the owner of the property as an unreasonable deprivation of use as relating to the property, a variance from the strict application of this ordinance provided the relief can be granted without substantial detriment to the public good and without substantially impairing the intent, purpose, and integrity of the Zone Plan as embodied in these regulations and Zoning Map."
Board Member Kirkpatrick advised the matter of the "other" neighbor was not part of this meeting. He stated there was not much they could do regarding the hogs and dogs. If this "other" neighbor did request a hearing, it would be addressed at that meeting.
Member Kirkpatrick said this request was being addressed as a hardship. Mrs. Kennedy had relatives up the road and down the road at this time he did not feel in favor of the request.
Chairman Schneider stated that the request was more akin to a variance than a hardship as requested.
Mrs. Kennedy stated if approved she would reapply in two years. She wanted at least two years for her daughter to be there.
Member Kirkpatrick asked the board if the request was a hardship?
Member Keil stated she did not feel it was a hardship. She continued that Mrs. Kennedy had family in the area and the daughter did not have to live on the property.
Member Benton agreed that the property would be kept up better but there is a concern of the neighbors. Member Benton said he did not feel strong either way at this time.
Member Kirkpatrick sympathized with the situation.
Board Member Kirkpatrick made and Member Keil seconded motion for denial of Elizabeth J. Kennedy to place a mobile home as a second dwelling on 10 acres located at 9300 Davis Road.
Voting was a follows:
Keith Kirkpatrick yes Norma Keil yes
Larry Benson yes Tom Schneider yes
Motion to deny passed.
Meeting for March 23rd - no applications at this time.
Meeting adjourned at 7:45 p.m.
Noel Boyt, Secretary
On this ____ rd day of March, 1995.