Boone County Government Center
801 E. Walnut, Columbia MO
Mr. Schneider, Chairman, called the meeting to order at 7:40 p.m., with a quorum present.
Roll call was taken by Noel Boyt, Secretary.
Present : Tom Schneider, Chairman
Absent: Tom Trabue
Also Present: Stan Shawver, Director
Noel Boyt, Staff
Minutes of May 25, 1995 were reviewed. Board Member Kirkpatrick moved and Chairman Schneider seconded a motion to approve the minutes. Motion was approved by acclimation.
Chairman Schneider made procedural statement explaining Board procedures.
Michael and Patricia Sweeney request a variance from the minimum lot size
of 2.5 acres in the A-2 zoning district for land located at 4900 S. Scott’s Blvd.
Chairman Schneider mentioned that he had done legal work for the Sweeney’s in the past and wanted the board to be aware. He stated he was not doing legal work currently for the Sweeney’s. Chairman Schneider did not believe it would impede his judgment. He asked if the board thought it would create a conflict for him to address the issue presented. Members Kirkpatrick and Kaufman said they had no problem with his participation.
Director Shawver gave staff report stated the property was located approximately three fourths (3/4) mile west of Columbia City limits on Scott’s Blvd. There is a single family dwelling on the site that consists of 5.15 acres of ground. The site is zoned A-2. Mr. Shawver stated the applicant were interested in splitting the property into two (2) parcels which would require a subdivision plat, however the County Subdivision Regulations require dedication of right-of-way. Scott’s Blvd. is designated as an arterial road which requires a 100 ft. wide right of way. Of that we require that one half of the right-of-way be dedicated.
Once the right-of-way is dedicated their tract drops down to less than five (5) acres. It will be physically impossible to split the tract into two, two and half (2 1/2) acre tracts. They are requesting a variance of the minimum lot size. To create one lot size of 2.5 acres and the second lot to be less than that.
Chairman Schneider asked if that was because under the County Ordinance you subtract dedicated right-of-way from the tract size? Unlike the city where they do not do that. Director Shawver answered yes to the question. Chairman stated that in a physical sense the land is not lost to the tract.
Mr. Sweeney addressed the Board. He stated that they probably won’t split the tract right away, but they want to be able to do so in the future.
Member Kirkpatrick asked if it was his intent to maintain at least one of the lots as 2.5 acres and variance granted to the second tract. Mr. Sweeney stated yes, to keep one tract of 2.5 acres and a variance on the second tract. Member Kirkpatrick stated he would feel better if one of the tracts was smaller and not both being less than 2.5 acres.
Chairman Schneider asked if anyone was present to speak in favor or opposition to the request. No one steeped forward.
Chair Schneider stated that a good deal of dedicated right-of-way really amounts to setback and is not used publicly. That being the case, visually the ground will still be there and not used publicly and so should not make much difference if we grant the variance.
Member Kirkpatrick stated he understood the reason for the application. He stated he would feel much better if it could be stipulated that at least one of the two tracts remain the legal size.
Member Kirkpatrick made and Member Kaufman seconded motion for approval of variance from the minimum lot size of 2.5 acres in the A-2 zoning district for land located at 400 S. Scott’s Blvd. provided that after the tract is divided into two tracts, one of the tracts be a minimum of 2.5 acres.
Voting as follows:
Keith Kirkpatrick yes Jerry Kaufman yes
Tom Schneider yes
Motion was approved unanimously 3 yes
1. Review permit issued to Carol Keil for a mobile home as a second dwelling on 2.5 acres located at 2321 E. Hwy. 163 (Granted 9/77)
Ms. Carol Keil addressed the Board. Chairman Schneider asked if the hardship still existed. Director Shawver advised that the variance was first issued to Lewis Morris. There had been a trailer on the [property before zoning was adopted. It was removed and lost grandfather rights. Mr. Morris moved a trailer onto the property, and the county required him to apply for a variance. At the time it was granted, it was for additional income, which is no longer reason for a variance or hardship. Mr. Morris died, estate sold the property not realizing it had a variance from the Board of Adjustment. That buyer sold it to Ms. Kiel, who subsequently received permission for her mother to occupy the unit with an annual review. Ms. Keil allowed her daughter to occupy the trailer and then her mother. The unit is now being used for storage.
Chairman Schneider asked if it was the current practice on renewals to notify all parties within range of the surrounding property in question. Director Shawver advised 33 property owners had been notified.
Mr. Chairman asked if any responses had been received. Director Shawver stated no responses were received.
Member Kirkpatrick asked Ms. Keil if her mother was still living with her and she said yes.
Chairman Schneider asked if any one was in favor or opposed to the request. No one spoke out.
Member Kirkpatrick stated he was in favor of continuing the variance as long and Ms. Keil’s mother was still living with her, he had no problem with the use of the trailer as a storage shed, motion made.
Member Kirkpatrick made and Chairman Schneider seconded motion to continue permit (variance) issued to carol Keil for a mobile home as a second dwelling on 2.5 acres located at 2321 E. Hwy. 163
Voting as follows:
Keith Kirkpatrick yes Tom Schneider yes
Jerry Kaufman yes
Motion approved unanimously 3 yes
2. Review permit issued to Richard and Alma Clarkson for a mobile home as a
second dwelling on 15.12 acres located at 1560 S. Rustic Rd.
Director Shawver gave staff report stating the property is located on Rustic Road, immediately east of the city limits of Columbia, consisting of 15.12 acres. Zoned R-S. Mr. Clarkson’s house is on the property. Last year a variance was requested to allow a mobile home for second dwelling for Mr. Clarkson’s son who will reside in it.
Director Shawver advised the son still resides in the mobile home.
Chairman Schneider asked Mr. Clarkson if his son still resided in the mobile home. Mr. Clarkson advised yes, he did still live in the mobile home.
Chairman Schneider moved and Member Kirkpatrick seconded the motion to renew permit (variance) issued to Richard and Alma Clark for a mobile home as a second dwelling on 15.12 acres located at 1560 S. Rustic Road be renewed for one year.
Voting was follows:
Tom Schneider yes Keith Kirkpatrick yes
Jerry Kaufman yes
Motion approved unanimously 3 yes
3. Review permit issued to Jimmy Ray Rippeto for a mobile home as a second dwelling
on 2.0 acres located at 15505 Wren School rd. (granted June 1985)
Due to the meeting starting late, the review of Jimmy Ray Rippeto for a mobile home was postponed to the next Board of Adjustment meeting.
Meeting was adjourned at 8:00 p.m.
M. Noel Boyt, Secretary
Approved July 27, 1995