BOONE COUNTY BOARD OF ADJUSTMENT
BOONE COUNTY GOVERNMENT CENTER
801 E. Walnut, Columbia MO
September 28, 1995
Chairman Schneider, called the meeting to order at 7:00 p.m. with a quorum present. Roll call was taken by Noel Boyt, Secretary.
Present: Tom Schneider, Chairman Keith Kirkpatrick
Norma Keil Tom Trabue
Absent: Jerry Kaufman
Also Present: Stan Shawver, Director Don Abell, Staff
Noel Boyt, Staff
Minutes of August 24, 1995 were reviewed. Board Member Kirkpatrick made and Chairman Schneider seconded motion to approve minutes. Motion was approved by acclimation.
Chairman Schneider made procedural statement explaining Board procedures.
Request by Mark Brinkerhoff for a variance from the rear yard building setback for property located at 7463 W. Henderson Road., Columbia.
Mr. Mark Brinkerhoff approached the Board. He requested this item to be tabled. He stated that he had spoken to the other people involved and there was a possibility of a land swap. This swap would move the rear property line back. He stated he was still interested in a variance if necessary but the request may change somewhat.
Chairman Schneider confirmed that Mr. Brinkerhoff wanted to table item until notice. Mr. Brinkerhoff agreed.
Chairman Schneider asked if anyone else was present that desired to speak to the issue.
Mr. Don Sanders approached the Board on behalf of the Midway Locust Grove Church. Chairman Schneider asked if the church would mind if this item was tabled. Mr. Sanders stated that in fact they were the party involved in the possible land swap and to table the request would be in their best interest also.
Chairman Schneider made and Member Trabue seconded motion to table request by Mark Brinkerhoff for a variance from the rear yard building setback located at 7463 W. Henderson Rd., Columbia until such time as the applicant requests that the Board consider his application.
Motion was approved by acclimation.
Request by Bruce and Judy Martin to place a second home for their daughter on 10 acres
located at 2121 E. Route M, Hartsburg.
Bruce Martin at 2121 E. Rte. M, Hartsburg approached the Board. He stated he wanted to moved a mobile home onto the 10 acres for his daughter to assist with the property.
Chairman Schneider asked Mr. Martin to describe to the Board what hardship exists such that the Board should grant this request? Mr. Martin stated he worked 70 to 80 hours. per week. He has a business at the home and his daughter has offered to help with mowing and with the home business. Mr. Martin stated he worked in Columbia , his daughter would help take care of the property, horses and the business during the day while he was gone.
Chairman Schneider asked Mr. Martin if he and his wife were in good health? Mr. Martin stated as well as can be expected. Chairman Schneider asked where did his daughter currently live? Mr. Martin stated she lived in Ashland, about 5 miles away. Chairman Schneider asked what was the difficulty for her to be assisting and maintaining the property from her current location? Mr. Martin stated she would be there during the daytime while he was gone. He continued that she and her husband work an evening shift and so are home during the day to watch the property. Before they would go to work, Mr. Martin or his wife would return.
Chairman Schneider asked if there was anything further he wished to add in support of this request? Mr. Martin stated he was not familiar with the Board procedures. He had with him an aerial view and would answer any questions.
Member Kirkpatrick asked how large was his lot? Mr. Martin advised he had 10 acres.
Member Kirkpatrick asked Director Shawver if this 10 acre tract was zoned A-2, if it were surveyed could it be split into two tracts? Then there would not be a necessity for a variance? Director Shawver agreed it was A-2. He continued that through Subdivision Regulations it could even be split into three (3) tracts or a Family Transfer could be done for one tract. Director Shawver stated he had discussed with Mr. Martin the Family Transfer but he did not want to put the land in the daughter’s name at this time.
Member Kirkpatrick asked if it would be necessary to put the land into the daughter’s name, could he not retain title to the property? Director Shawver advised to do a Family Transfer it would have to be placed in daughter’s name, otherwise it would need to be platted as a subdivision.
Open to public hearing. No one spoke in favor or opposition to the request.
Member Kirkpatrick asked if any response had been received from any of the 13 property owners. Director Shawver stated no response had been received.
Member Keil asked if the only way to do this was by hardship? Chairman Schneider answered yes. Member Keil continued that she did not consider this request a hardship. Chairman Schneider stated that a request similar to this was denied approximately 3 months ago. Indirectly, it could be accomplished a different way. He continued that it would be difficult to justify the previous treatment (3 months prior) and not be consistent.
Member Kirkpatrick stated it would be difficult to take the opposite position on such a similar request. Particularly when this could be accomplished in a different way. He continued that maybe Mr. Martin could split the tract and accomplish what he is after without a variance.
Member Keil made and Member Trabue seconded motion to deny the request by Bruce and Judy Martin to place a second home on 10 acres located at 2121 E. Rte M, Hartsburg.
Voting was as follows:
Norma Keil yes Tom Trabue yes
Tom Schneider yes Keith Kirkpatrick yes
Motion to deny passed unanimously 4 yes
Request by Ron and Vicky Shy for a variance from the minimum lot size requirement
for 8.10 acres located at 5700 S. Route K, Columbia.
Ron Shy, 5600 S. Rte K, Columbia, approached the Board. He stated the reason for the request was that when Lake Sun Dance Subdivision was developed, a private road went through a tract of land they owned. Since that time the subdivision is trying to bring the road up to county standards. In granting easement for this road, it will create an island on one side with only 8.10 acres and approximately 100 acres plus on the other side. This 8.10 would be useless for future use because it is not of legal lot size in A-1 and he did not wish to have it rezoned.
Chairman Schneider asked what would have been the lot size if the right-of-way was included before the dedication? Director Shawver advised 10 acres. Chairman Schneider confirmed that the dedication right-of-way literally makes it non-conform? Director Shawver agreed.
Open to the public. No one spoke in favor or opposition.
Mr. Shy stated he had spoken with people in the Lake Sun Dance Subdivision and they were in favor of this and the Evergreen Development which was about 3/4 of the surrounding property is in favor.
Member Kirkpatrick asked if it had been dedicated? Mr. Shy said no it had not. He stated it was all signed but had not turned it in, he wanted to get the variance approved before doing so. Member Kirkpatrick had two comments. One that the applicant wanted to donate the right-of-way to create a county road and second that he was not asking for a rezoning since a variance would allow the development of that lot would be a benefit also.
Member Keil asked if the property was level where anyone would have trouble placing a house there? Mr. Shy stated there was one side he would specify a house to built. He stated the acreage started out at a low area at Rte KK, rises to a ridge and across the ridge. At the top of the ridge would be the building site.
Member Keil was concerned that if this variance was granted and then while placing house it may not meet set back requirements and then another variance would have to be done because of the setbacks. Mr. Shy stated there were areas if a house was sited, it would not work, but there was a location for the house to be built.
Member Trabue stated he felt more of this would be seen when people would get on the band wagon and have more private roads accepted by the county. He thought it should be encouraged. Member Kirkpatrick agreed, it could only benefit the county. Member Trabue continued that the real key was the earlier question if the lot was large enough before the road dedication. The intent was proper and the dedication has changed the size of the property.
Member Trabue made and Member Kirkpatrick seconded a motion to approve request by Ron and Vicky Shy for a variance from the minimum lot size requirement for 8.10 acres located at 5700 S. Route K, Columbia.
Voting was as follows:
Tom Trabue yes Keith Kirkpatrick yes
Tom Schneider yes Norma Keil yes
Motion was approved unanimously. 4 yes
Review permit issued to Lloyd and Patricia Rowland for a second dwelling on 3.0 acres
located at 7702 W. Highway 124 (First granted August 1984)
Patricia Rowland approached the board to review the request to continue. She stated her mother still was living in the mobile home. Chairman Schneider confirmed that the situation was the same as in 1984. Mrs. Rowland agreed.
Chairman Schneider asked if the neighbors were being notified. Director Shawver stated 14 property owners had been notified.
Member Kirkpatrick asked if the previous renewal had been for a period of two years. Director Shawver advised yes.
Member Kirkpatrick made and Member Keil second motion to continue permit for another two (2) years to Lloyd and Patricia Rowland for a second dwelling at 7702 W. Highway 124.
Voting was as follows:
Keith Kirkpatrick yes Norma Keil yes
Tom Trabue yes Tom Schneider yes
Motion to approve was passed unanimously. 4 yes
Being no further business the meeting was adjourned at 7:18 p.m.
M. Noel Boyt, Secretary
Approved October 26, 1995