BOONE COUNTY BOARD OF ADJUSTMENT MINUTES

County/City Building - 701 E. Broadway

March 23, 1995 - 7:00 p.m.

 

PRESENT: Tom Schneider, Chairman

Keith Kirkpatrick

Larry Benton

Norma Keil

Jerry Kaufman

ALSO PRESENT: Stan Shawver, Director

Noel Boyt, Secretary

Chairperson Schneider called the meeting to order at 7:00 p.m. in the Third Floor Conference Room. Roll call was answered as above.

The minutes of February 23, 1995 were reviewed. Board member Keil 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.

 

BRUNSTROM / KELLER

Request by Carl Brustrom for Ken and Daniel Keller for a variance from the front setback of 25’ and the rear setback of 25’ for property located at 2541 S. Scott’s Blvd. (41 property owners were contacted)

Stan Shawver, Director of Planning and Building Inspection gave a report that Bellview Acres Subdivision was platted in September 19971 (prior to the adoption of County Zoning Regulations). Bellview Acres Subdivision (including Lot 49) is zoned R-M (Moderate Density Residential).

The original plat for Bellview Acres shows no dedication of right-of-way, however there is a notation on the plat for Block 1 indicating 50’ county road (no indication of entire width or from center line). Lot 49 is part of Plat 2.

The front and rear setback in the R-M district is 25’. However, section 10 of the Boone County Zoning Regulations states:

" on roads not having a dedicated road right-of-way, yard requirements shall be measured from a point at least 15’ from the closest center of the road. Right-of-way for roads designated on the thoroughfare plan as having a higher classification shall have a right-of-way as set forth in the most current Boone County Subdivision Regulations."

The current thoroughfare plan designates Scott’s Blvd. as an arterial road, requiring a right-of-way of 100’.

The applicant’s are requesting a variance that will allow them to build a structure on the property that will be 52’ from the center of Scott’s Blvd.

According to Section 10, the building should be at least 75’ from the center of the road. The building will line up with the existing structure located due south of the site (southwest corner intersection of Scott’s Blvd. and Bethany Rd.).

They will also need a variance from the rear setback to 15’.

Mr. Shawver advised he had spoken to Director Stan Elmore of Public Works Dept. Mr. Elmore advised him that the Zoning Regulations are not intended to deny use of property to a property owner but without a variance on this property, that is what would happened. It is not buildable without a variance. He indicated that future road plans would not be hurt if the owner built no closer than the building on the southwest corner. Mr. Elmore asked that if the Board did approve the variance that 25’ from the center of the road to be dedicated right-of-way.

Chairman Schneider asked what was the existing structure to the south. Mr. Shawver answered the structure was a duplex.

Chairman Schneider asked if Mr. Keller or Mr. Brunstrom were present. Both were present and Mr. Keller stated that the lot was unuseable.

Member Benton stated the original plat is 1972 and the one indicated was 19971. Member Benton asked if the site was unbuildable as a 4-plex. Mr. Shawver advised even a duplex would need a variance. The building is only 30 feet wide. At the north end the lot is 86’ ft wide, if 75’ back and 25 required for the rear setback, the set backs along would require 100’ and the south end of the lot is 97.3’ wide. Between the front setback required for Scott’s Blvd. and the rear setback it is unbuildable.

Member Benton asked if the driveway would come off of Scott’s Blvd. or off Bethany. Mr. Keller advised the drive would come off Scott’s Blvd.

 

Member Kirkpatrick asked if this structure would line up with the adjacent duplex to the south. Mr. Shawver advised it would line up with the adjacent property.

Member Kirkpatrick advised he did not see problems with the variance provided the developers grant a 25’ of right-of-way along Scott’s Blvd.

Member Kirkpatrick made and Member Kaufman second the motion to approve the request by Carl Brustrom for Ken and Daniel Keller for a variance from the front setback of 25’ and the rear setback of 25’ for property located at 2541 S. Scott’s Blvd. with provision of a dedicated 25’ right-of-way along Scott’s Blvd.

Voting was:

Keith Kirkpatrick yes Jerry Kaufman yes

Larry Benton no Tom Schneider yes

Norma Keil yes

Motion passed 4 yes to 1 no

Motion made by Member Kirkpatrick and seconded by Member Keil to move the next (second) item on the agenda until after the request by Elizabeth J. Kennedy. This would allow attorney David Rogers to be present for the request of Nancy Anne Castle.

Motion passed by acclimation.

Chairman Schneider reviewed point of order for the review of the request by Elizabeth J. Kennedy. He advised when the new request was refilled, Mr. Shawver contacted him. Chairman Schneider stated it would be appropriate for the entire board to make the determination whether the case should be reheard. Chairman Schneider stated he did not have a problem rehearing the case if there was new evidence. He stated the thought the board should make the determination to rehear the case.

Member Kirkpatrick agreed he did not have a problem rehearing the case provided there was additional new information. Member Kirkpatrick did not have the desire to rehash what was heard last month. Member Keil agreed with Member Kirkpatrick. Chairman Schneider stated it did not require a motion.

KENNEDY

Request by Elizabeth J. Kennedy to place a mobile home as a second dwelling on 10 acres located at 9300 Davis Rd.

(16 property owners were contacted)

A previous written report by Mr. Shawver stated property was located at 9300 E Davis Rd., approximately 1 1/2 miles north of Hallsville. The property is zoned A-1 (Agriculture) as is all of the property to the west, south and east. Land to the north across Davis Rd. is zoned A-2 (Agriculture).

Mrs. Kennedy lives in a modular home on the 10 acres of property that she owns. She is requesting a permit to allow her daughter to move a trailer on to the property.

The application indicated the reason was to help with the care of Mrs. Kennedy and of the land.

The Board considered this request at the February hearing, denying the request by a 4 - 0 vote.

Mrs. Kennedy addressed the board and stated she had papers from her doctor stating her poor health, and papers from neighbors not opposed to the second trailer. She showed pictures of the site where the trailer would be placed. Mrs. Kennedy stated she had spoken to "someone" who had been on the Fire Department in Hallsville (no name given) and the closest fire hydrant was on Davenport. She was told that the Fire Department would respond with two tanker trucks from Hallsville and Centralia. Sturgeon would also respond if necessary. Mrs. Kennedy advised of the ponds around the area. Mrs. Kennedy stated she was only asking for a variance and not a rezoning.

Chairman Schneider asked where the people lived who signed the paper regarding no objection to the second dwelling. Mrs. Kennedy approached the members.

Member Benton asked Mrs. Kennedy’s if her stepson still lived down the road. Mrs. Kennedy said he was still down the road but did not know when and if he would be moving away. Member Keil asked if her daughter was also in the area. Mrs. Kennedy stated yes, she and her daughter had full time jobs.

Chairman Schneider stated he wished Dr. Irwin had indicated how "periodic" was. Chairman Schneider asked Mrs. Kennedy that in the letter from the doctor he indicated "flares". Chairman Schneider asked Mrs. Kennedy how often "flares" were. Mrs. Kennedy advised it was usually once a week. She advised every 2-3 months she needed to go to the doctor.

Chairman Schneider asked if anyone was present in support of request. Mrs. Joanne Check spoke up. Mrs. Check said she lived next door to Mrs. Kennedy. Mrs. Check said she knew Lisa, the daughter who would be moving there. She said "Lisa never gave her any problems". Mrs. Check stated everyone along the road lived in a trailer except two people. Those property owners moved into the area knowing the situation.

Chairman Schneider asked if anyone present was in opposition of the request. Mr. Shawver stated that Mr. O’Conner at 9335 Davis Road had called and wanted her letter that she had previously sent be presented again.

Mr. McNabb property owner spoke out. He stated his position was as before. He said Mrs. Kennedy had one daughter down the road that would be able to help her.

Mr. Russell Check spoke out. He stated that the neighbors may have added to their homes but they knew the area and with trailers already all around, he did not feel sorry for them. Mr. Check stated if another trailer moves in, it was fine with him.

Lisa Aust, daughter of Mrs. Kennedy spoke out. She stated her sister did live down the road on 10 acres and her property was zoned where the land could be divided into smaller tracts. Lisa stated she could move in on her sister’s property and be even closer to Mr. McNabb. Ms. Aust stated she wanted to live on her mother’s property and not her sister’s.

Member Kirkpatrick ask who was her sister. Ms. Aust advised her sister was Rita Estes who was present for the hearing.

Member Kirkpatrick asked the model of the trailer. Ms. Aust advised it was a 1987 Clayton.

Chairman Schneider asked for the zoning across the road and if the density was different. Mr. Shawver said it was different. Davis Road is the dividing line between A-2 (the north side) and A-1 (the south side). Theoretically a family transfer could be done, splitting her sister’s lot into two tracts.

Member Keil wanted it noted that this Board did not make the zoning rules and regulations.

Don Harris stated his comments were the same as last time. He stated he took care of his property and other property owners out there do not.

Member Kirkpatrick stated the position he took the previous month did not question Mrs. Kennedy’s physical impairments. He based his position on the fact it was to be viewed as a hardship condition. Member Kirkpatrick stated that with relatives close by it was not a hardship. Member Kaufman agreed with Member Kirkpatrick.

Member Benton stated the hardship for Mrs. Kennedy was as great as others that had been approved. His concern last month was the number of residents who were against the request. Member Benton stated there were very few property owners expressing support.

Member Kirkpatrick stated the hardships that are approved are the ones that need full time attention vs. every few weeks.

Member Keil made motion to deny request and Member Kirkpatrick seconded motion to deny request by Elizabeth J. Kennedy to place a mobile home as a second dwelling on 10 acres located at 9300 Davis Rd.

Voting was as followed:

Norma Keil yes Keith Kirkpatrick yes

Jerry Kaufman yes Larry Benton no

Tom Schneider yes

Motion to deny request passed 4 yes - 1 no

CASTLE

Request by Nancy Anne Castle for a variance from the front setback

of 25’ for property located at 1322/1324 S. Mesa Drive

(16 property owners were contacted)

Director Shawver gave a report of 1322/1324 S Mesa Drive; Lot 139 EL Chaparral Plat 4.

EL Chaparral Plat 4 was platted in September 1973. William D. Castle applied for a building permit for a duplex in December 1974. The duplex was completed in 1975.

A boundary survey and improvement location was completed March 7, 1995 in conjunction with the sale of the property. The survey revealed that the structure encroached into the front setback. One corner of the building is 23’ 6" from the front property line.

This property is zoned R-M (Moderate density residential). The structure has been completed for almost 20 years, with no apparent impact on the neighborhood. The county was not aware of the situation until this application was filed.

Mr. David Rogers, attorney steeped forward for Nancy Anne Castle. He stated he had a signed affidavit by Mrs. Castle for his representation.

Mr. Rogers stated the applicant was requesting that the eastern 3/4 of the house encroaching from 0 to 2’ onto the required 25’ setback line. This problem came to light when a survey was obtained for loan purposes. The lending institution requires that the location of the premise be regularized. To be used it would have to be approved by this board. The duplex in question shares a driveway with the property to the east. Mr. Rogers advised owner of the adjacent property was present and was the contract purchaser of this property. Eventually the neighbor would own both of the duplexes and would have the drive way serve both properties.

Mr. Rogers advised the house seemed to be in line with the existing houses on Mesa Drive. He stated it was not visibly noticeable of the encroachment.

Member Kirkpatrick stated it was one of those things that needed to be fixed.

Member Kirkpatrick made and Member Benton seconded motion to approve request by Nancy Anne Castle for a variance from the front setback of 25’ for property located at 1322/1324 S. Mesa Drive.

Voting was as follows:

Keith Kirkpatrick yes Larry Benton yes

Jerry Kaufman yes Tom Schneider yes

Norma Keil yes

Voting was unanimous for the request.

ADJOURNMENT

Meeting was adjourned at 7:46 p.m.

Respectfully submitted,

Noel Boyt

On this _______ nd day of April 1995