BOONE COUNTY BOARD OF ADJUSTMENT MINUTES

Boone County Government Center

801 E. Walnut St., Columbia, MO

November 30, 1995

 

Co-Chairman Keith Kirkpatrick called the meeting to order at 7:03 p.m. in the Chambers of the Boone County Government Center having a quorum present. Roll call was taken as follows:

Present: Keith Kirkpatrick

Tom Trabue

Norma Keil

Absent: Tom Schneider

Jerry Kaufman

Also Present: Stan Shawver, Director

Thad Yonke, Staff

Noel Boyt, Staff

Member Kirkpatrick make a procedural statement explaining Board procedures and the right of the applicant to be heard by the full board.

Minutes of the October 26, 1995, were reviewed. Board Member Keil made and Board Member Trabue seconded a motion to approve the minutes. Motion was approved by acclamation.

 

Request by Mark Brinkerhoff for a variance from the rear yard

building setback for property located at 7463 W. Henderson Rd.

Director Shawver gave staff report. He stated that the Brinkerhoff’s property was in the Midway area approximately 2.5 miles west of Columbia near the intersection of Henderson Road and Locust Grove Church Road in the community of Midway. The property is zoned neighborhood commercial and surrounding property is R-S (Single family residential). There is an existing building on the property that is being used as a piano repair shop. Mr. Brinkerhoff requested a variance in September 1995, from the rear property setbacks. He wanted to build an accessory structure behind his business. It was to be 1’ (one foot) from the property line. At the hearing in September, representatives of Locust Grove Church appeared and expressed interest and a possibility of reducing the need for a variance by doing a land swap. There was a very irregular property line separating them. The Church has come to an agreement to square up Mr. Brinkerhoff’s property line. Instead of a variance of 19’ ft. (one foot from property line) needed in September, he now wishes for a variance of 5’ ft. (fifteen feet from the property line). In the neighborhood commercial zoning district, the rear setback is 20’ ft.

Director Shawver stated property owners were re-notified and notice was in the newspaper.

Mr. Brinkerhoff, owner and Mr. Don Sanders representing the Locust Grove United Methodist Church addressed the members.

Mr. Sanders stated that Dan Coleman, Chairman of the Trustees had been working with Mr. Brinkerhoff on redesigning the property lines. Mr. Brinkerhoff had hired a surveyor who changed the irregular lines. In trading the little bits of property, it would give Mr. Brinkerhoff more rear property line. Mr. Sanders continued that there was still a creek in back of the property. The land trade has been recorded and yesterday (November 29th) the deeds were updated. Mr. Sanders understood that Mr. Brinkerhoff would still need a 5’ (five feet) variance and on behalf of the church he was authorized to advise they had no objection to the variance.

Member Kirkpatrick asked Mr. Sanders that everything had been recorded, deeds exchanged and everything else done? Mr. Sanders and Mr. Brinkerhoff both agreed.

Member Kirkpatrick asked Director Shawver if he had received any other response to the notices sent out. Director Shawver stated he had not been contacted by anyone.

Member Trabue asked how far was the property line from the creek now? Mr. Sanders stated it was irregular but probably 20’ ft. to 30’ ft. Member Trabue stated his primary concern was how close the storage building would be to the creek. Mr. Sanders stated Mr. Brinkerhoff would still be 20’ ft. - 30’ ft. He continued that the surveyor did not measure to the center of the stream but the stream was shown on the drawing Mr. Brinkerhoff was passing out.

Member Trabue asked how large was the structure that is to be built? Mr. Brinkerhoff stated he was asking for permission to build a 25’ ft. by 32’ ft. accessory building.

Open to the public. No one spoke in favor or opposition of the request.

Member Kirkpatrick asked if the creek was pretty stable. Mr. Brinkerhoff stated there was a flood area to the east but he felt it was stable behind him.

Member Keil asked if anyone was living in the house? Mr. Brinkerhoff stated the house was vacant, no one was living inside. Member Kirkpatrick stated the property was zoned commercial.

Member Trabue made and Member Keil seconded motion for approval of the variance request from the rear yard building setback of 5’ ft.

Voting was as follows:

Tom Trabue yes Norma Keil yes

Keith Kirkpatrick yes

Motion passed unanimously. 3 yes

 

 

 

OLD BUSINESS

Review permit issued to Carl Todd for a pre-1976 mobile home

on 3.34 acres located at 3650 E. Todd Road. (First granted 10-93)

Director Shawver stated that the property was approximately two miles north of Columbia, zoned A-2 and all the surrounding property was A-2 (agriculture). There is an old house and the pre-1976 mobile home on the property. The applicant appeared before the Board in October 1993 requesting the pre-1976 , reason for the request was that the existing house was very small and he wanted to use the house for a workshop and reside in the mobile home. There was no opposition to the 1993 request. Eleven (11) property owners were notified on the renewal. No comments have been received.

Mr. Carl and Mrs. Caroline Todd addressed the Board. Member Kirkpatrick stated this was not issued as a hardship but as a pre-1976. He asked if the house was still not being used. Mr. Todd agreed and said that was still the case. He explained that they have used it for storage and for as a workshop.

Member Trabue asked if staff had received any complaints in the last two years. Director Shawver stated none.

Member Keil made and Member Trabue second motion to renew request for the pre-1976 mobile home to remain on property for two years with conditions that the house not be used as a dwelling.

Voting was as follows:

Norma Keil yes Tom Trabue

Keith Kirkpatrick yes

Motion passed unanimously. 3 yes

Mrs. Todd asked why the request was for two (2) years. Member Kirkpatrick advised him that the regulations did not allow for a permanent variance. If the year of the mobile home was newer than a 1976, the variance would not be required.

 

Review permit issued to B. F. Vanderpool for a pre-1976 mobile

home on 5.86 acres located at 9051 N. Reams Road.

Director Shawver passed around the picture that was in the file from the 1993 request and stated the site was located approximately 7 miles east of Hallsville. The tract was created prior to the adoption of County Zoning Regulations. In 1993, the applicant requested a conditional use permit to place a pre-1976 mobile home on the site. There had been a mobile home on the site several years prior and this was to be occupied by his son Dell Vanderpool and his family. Fourteen (14) property owners were notified. No comments have been received

Ms. Christi Chick approached the Board on behalf of the applicant. She stated they were trying to keep it updated, remodeling and the area landscaped in order to keep it as nice as they could.

Ms. Chick said B. F. Vanderpool could not attend the meeting, he had written a letter but in switching back and forth in different vehicles the letter was left behind. Ms. Chick stated the letter from Dell Vanderpool stated he had no plans to move the trailer if that was OK with Board of Adjustment.

Member Keil asked Director Shawver if any complaints had been received. Director Shawver stated there had not been any.

Member Trabue made and Member Keil seconded a motion to renew a variance for B. F. Vanderpool for another two years located at 9051 N. Reams Road.

Voting was as follows:

Tom Trabue yes Norma Keil yes

Keith Kirkpatrick yes

Motion was approved. 3 yes

NEW BUSINESS

 

New Board of Adjustment Application Forms - Variance and Pre-1976 Mobile Home

Director Shawver stated that at October’s meeting the Board expressed concern regarding the safety of Pre-1976 Mobile Homes. It was suggested to revamp the applications to reflect that liability is on the owner. He referenced the drafted forms to be reviewed. The application asks for pictures of the mobile home and a statement is in bold letters that "I/We understand that by granting this application the Board of Adjustment in no way guarantees the safety of the mobile home its occupants." He asked the Board if these items did address their concerns. Member Kirkpatrick stated yes and that he did like the request for pictures.

 

ADJOURN

Being no further business the meeting was adjourned 7:26 p.m.

 

Respectfully submitted

 

 

 

Noel Boyt, Secretary

Minutes approved this22nd, day of February, 1996.