BOONE COUNTY BOARD OF ADJUSTMENT MINUTES
Boone County Government Center
April 27, 1995 - 7:00 p.m.
PRESENT: Tom Schneider, Chairman
ABSENT: Larry Benton
ALSO PRESENT: Stan Shawver, Director
Noel Boyt, Secretary
Chairman Schneider called the meeting to order at 7:00 p.m. in the Boone County Government Center. Roll call was answered as above.
Minutes of March 23, 1995 were reviewed. Board member Kirkpatrick made and Board Kaufman member seconded the motion to approve the minutes. Motion was approved by acclimation.
Chairperson Schneider made a procedural statement explaining Board procedures.
Request by Mary Nirmaier for a mobile home to be used as a second dwelling on 10 acres located at 17330 N. McLane Rd.
Director Shawver stated this property is located on McLane Road approximately 5 miles southwest of Centralia and 5 miles southeast of Sturgeon. The property is zoned A-2 (Agriculture) as is all of the surrounding property. The tract consists of 9.5 acres of ground. There is a 1992 mobile home on the property now. This request is to place another mobile home on the property as a second dwelling. The unit is a 1966 model.
Chairman Schneider stated that in order to approve this request, it would have to be considered as a hardship. Chairman Schneider asked Mary Nirmaier since the full board was not present, would she want to delay the request until all members are present, or to continue tonight.
Mary Nirmaier stated she wanted to go ahead with the hearing.
Mary Nirmaier advised her son was getting out of the service and returning to the area. The first dwelling has Ed and Linda Furlong living on the property. They have cleaned up the area. Ms. Nirmaier stated the utility serviceman was on their property earlier in the day and had stated he had never seen it so clean.
Chairman Schnarre asked Director Shawver what was the zoning of the property. Director Shawver advised the zoning was A-2.
Ms. Nirmaier stated she would buy more property if necessary. Member Kirkpatrick advised that before she did that to see what would happen.
Director Shawver stated even if the property was to be split into two tracts, the issue of a 1966 mobile home needed to be addressed by the Board.
Linda Furlong showed the Board pictures of the trailers, the area around the mobile home and the road to the 1966 trailer.
Chairman Schnarre asked if there was anyone else in favor of the request.
No one else came forward.
Chairman Schnarre asked if there was anyone present in opposition to the request. No one else came forward.
Member Kirkpatrick read from the Zoning Ordinance (page 59 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 demonstrable undue 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 substantial impairing the intent, purpose, and integrity of the Zone Plan as embodied in these regulations."
Board member Kirkpatrick stated that he did not see the hardship in the request. Chairperson Schneider agreed that he did not see any hardship either.
Chairman Schneider made and Member Keil second motion to deny the request of Mary Nirmaier for a mobile home to be used as a second dwelling on 10 acres located at 17330 N McLane Rd.
Voting was as follows:
Tom Schneider yes Norma Kiel yes
Jerry Kaufman yes Keith Kirkpatrick yes
Motion passed unanimously 4 yes
Ms. Nirmaier asked how the board would define a hardship. Chairman Schneider stated the applicant has the burden to show hardship.
Ms. Nirmaier stated that after 20 years of services in the military, coming home to relocate should be a hardship.
Member Kirkpatrick said when her son comes home he could occupy the land, provided the other mobile home is removed.
"We have to look at the hardship of what is told to us", Member Kirkpatrick advised.
Chairman Schneider stated the applicant had a burden to show proof of hardship. The regulations allow one dwelling per tract of ground. There is already a mobile home on the property that is occupied by the Furlongs. With no hardship present, it is up to Ms. Nirmaier to determine who lives on her property; her son, or the current residents.
Director Shawver stated this property is located on New Haven Road approximately 2 miles east of the Columbia City limits. The tract was created prior to the adoption of County Zoning Regulations. In September 1993 Mr. and Mrs. Baker requested a permit for a mobile home as a second dwelling so that their grandson could live on the property to help, due to their health problems. One year review was placed on the permit.
In October 1994, the Board received additional negative comments about the condition of the property. The review at that time was upgraded to a six month time period.
Mrs. Baker passed away recently, their son Kenneth Baker has moved into the house to help Elzie Baker with his health problems. The grandson (Kenneth Jr. or "K.J.") has moved into the sonís home. The mobile home is currently vacant.
Mr. Kenneth Baker, son to Elzie and Marie spoke to the Board. Mr. Baker stated that the trailer is vacant. With work and those long hours, Mr. Baker did not have the time to remove the trailer. He stated he was problems trying to dispose of the old trailer on the property. He could not locate a title to the trailer. Without the title no one would even move it much less dispose of it.
Chairman Schneider asked if Mr. Baker was requesting the mobile home to stay on the property?
Mr. Baker stated his dad was still alive and needed attention. Mr. Baker continued that he had cleaned up the property. He stated his son had torn it up while living on the property. Mr. Baker stated the only way to move the trailer was to dispose of it piece by piece. He stated that no junk dealer would accept it without the title. Again Mr. Baker stated with his long hours on the job he could not find time to tear it apart piece by piece.
Chairman Schneider advised Mr. Baker the reason for the second dwelling was no longer present. The Board of Adjustment had the right to rescind the variance. Chairman Schneider stated that who ever enforces the change would work with him on the time table.
Mr. Baker asked if the trailer could be used as a building or for storage?
Director Shawver stated if it were used for storage it would be permissible as a residential use.
Chairman Schneider stated that if it were used for storage the usage is not up to the board. It might be a nuisance and/or health hazard.
Mr. Baker stated since the property was cleaned it had been maintained, lagoon is fenced, he removed 2 vehicles, and gas tanks were removed.
Chairman Schneider advised the matter before the board was to allow the trailer to remain or to be removed.
Member Kirkpatrick stated that the board should vacate the variance. It would be in the boardís power to allow a specific period of time to have the trailer removed.
Chairman Schneider stated for the variance be terminated and to have the trailer removed within 6 months.
Member Kirkpatrick discussed the time table to have the trailer removed. Member Kirkpatrick stated he would like to have the trailer removed within 90 days.
Mr. Baker was advised that the Director of Revenue would be able to assist in relocating a title to the mobile home. Once title is issued, he would be able to have the trailer removed.
Chairman Schneider made and Member Keil seconded motion to remove the mobile home as a second dwelling for 7002 New Haven Rd. within 90 days.
Voting was as follows:
Tom Schneider yes Norma Keil yes
Jerry Kaufman yes Keith Kirkpatrick yes
Motion passed 4 yes
STEVE AND SANDRA NICHOLS
Review permit for Steve and Sandra Nichols for a second dwelling on 13.42 acres located at 8799 S Rte N.
Director Shawver wanted to advise of the status of the property for Steve and Sandra Nichols. He stated the property has been subdivided and a variance was no longer needed.
The meeting was adjourned at 7:38 p.m.
M. Noel Boyt
Approved May 25, 1995