Boone County Board of Adjustment

Boone County Government Center

801 E. Walnut, Columbia MO

August 24, 1995

Chairman Schneider, called the meeting to order at 7:00 p.m., with a quorum present. Roll call was taken by Stan Shawver, Acting Secretary.

Present: Tom Schneider, Chairman

Keith Kirkpatrick

Tom Trabue

Norma Keil

Jerry Kaufman

Also Present: Stan Shawver, Director

Don Abell, Staff

Minutes of July 27, 1995 were reviewed. Board Member Keil made a motion to approve the minutes with the correction of that Chairperson Schneiderís name be corrected on page 4. Keith Kirkpatrick seconded the motion. Motion was approved by acclimation.

Chairman Schneider made procedural statement explaining Board procedures.

NEW BUSINESS

REQUEST BY STEPHEN REICHLIN AND WAYNE MCCOY FOR A VARIANCE FROM THE SIDE YARD SETBACKS FOR LOT 105, COUNTRY HILLS SUBDIVISION, LOCATED AT 4620 W SOUTHVIEW DR.

Chairman Schneider pointed out that this is the same lot that was before the Board in May. At that time a minimum lot size variance was granted by the Board allowing a duplex to be built on less than 10,000 sq. ft. Chairman Schneider reminded the Board that it was determined at the May hearing that the city of Columbia owned the property immediately to the west, and would not be developed. Additionally, the land to the west is in a floodplain, which also indicates the limited development potential of the land to the west.

Chairman Schneider explained to the Board that the County Zoning regulations provide for a minimum side setback of 6 feet, but that there is an accumulative side setback of 20 feet. The lot in question can meet the 6 feet requirement, but cannot provide the 20 feet total.

Owner Stephen Reichlin approached the Board. He presented the Board with photos of the lot in question and of the adjoining structures. He explained that he owns the adjoining structures and wants to build a duplex just like the ones in the pictures. He also showed a picture of the city owned land to the west, which cannot be developed because it is in the floodplain.

Mr. Reischlin pointed out that the spring flood had not reached his property. He stated that he felt they could build on the lot without infringing on the flood plain. He requested that the Board grant a variance of 4 feet for the accumulative total of the side setbacks.

Chairman Schneider opened the public hearing.

No one approached the Board, either in support of, or in opposition to the request.

Board member Keith Kirkpatrick stated that he had not previously realized that the zoning regulations required a total of 20 feet, accumulative for side setbacks. He requested that Mr. Shawver provide an explanation of this requirement.

Director Shawver explained that by insuring that there is at least 14 feet on one side of a house, emergency vehicles are always guaranteed access behind buildings, without having to travel all the way to the end of the street to gain access.

Keith Kirkpatrick stated that he did not see any problem with granting the variance.

Board Member Kirkpatrick moved that the request for a variance of 4 feet from the accumulative side setback of 20 feet be granted for lot 105 of Country Hills Subdivision be granted.

Board member Trabue Seconded the motion. He commented that he has a problem with the request, in that the Board granted a variance for the minimum lot size just several months ago. Now the owner is requesting another variance. While it is a different owner, they knew what they were buying when they bought it. He stated that he was reluctant to vote for the motion.,

Board member Keil asked if the site is in the floodplain. Director Shawver responded that the lot is in the flood fringe area, subject to a flood plain development permit. The site is buildable.

Keith Kirkpatrick - Yes Tom Trabue - No

Jerry Kaufman - Yes Tom Schneider - Yes

Norma Keil - No

The motion to approve the variance was approved by a vote of 3 - 2.

 

The meeting adjourned at 7:20 P.M.

Respectively submitted,

 

Stan Shawver

Acting Secretary