BOONE COUNTY BOARD OF ADJUSTMENT MINUTES
Boone County Government Center
801 E. Walnut St., Columbia, MO
March 28, 1996
Chairman Tom Schneider 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: Tom Schneider, Chairman
Absent: Norma Keil
Also Present: Stan Shawver, Director Noel Boyt, Staff
Thad Yonke, Staff Don Abell, Staff
Minutes of the November 30, 1995, were reviewed. Board Member Kirkpatrick made and Board Member Trabue seconded a motion to approve the minutes. Motion was approved by acclamation.
Member Kirkpatrick make a procedural statement explaining Board procedures and the right of the applicant to be heard by the full board of five (5) members.
Blue Acres, Inc. requests a variance from the front setback
in the R-S (Single family residential) zoning district for property
located at 8650N Hwy. VV, Columbia.
Ed Sachs, President of Blue Acres, Inc., addressed the Board. Mr. Sachs, explained that the Hinton store location had been in business for over 30 years. During that time the gas islands had never been covered.
The gas island themselves were grandfathered in for distance from property line since they did sit right on the front property line. What they wanted to do was to upgrade the islands with modern dispensers and cover the islands towards the store area. It would not protrude into any state property but it would provide part of the island with coverage for bad weather.
Chairman Schneider, asked if the plans were to remove existing fuel islands replacing them with more modern ones slightly farther back from the property line?
Mr. Sachs stated just the new islands will be slightly farther back (closer to the store) and a little off the right-of-way.
Chairman Schneider, asked how close are the existing islands to the pavement. Mr. Sachs stated to the highway itself it was 15’ ft. to 20’ ft. over what they called open drive.
Member Kirkpatrick asked Director Shawver if there are any restrictions on improving a non-conforming use? Director Shawver stated no. The regulations allow non- conforming uses to be improved, the stipulation is that if non-conforming use is destroyed by more than 75% of the construction value, then they loose their grandfather rights. There is no restriction regarding remodeling or upgrading.
Adrian Perry, co-owner of Blue Acres, Inc., arrived at the meeting and addressed the board.
Chairman Schneider, asked if the structure was a relatively new structure? Mr. Sachs advised the building was a steel Butler building and should last another 50 to 100 years.
Member Trabue, noted that the over head electric lines were close to the frontage and asked if they were Boone Electric lines and asked if someone had spoken to them. It looked like the canopy would be close to the overhead lines? Mr. Sachs stated they were Boone Electric lines. In setting up the islands, they would just miss the lines.
Mr. Sachs showed some pictures to the board. He advised the lower line was the telephone wire.
Member Kirkpatrick, asked Director Shawver if any other comments had been received by his office. Director Shawver advised initially several phone calls had been received. The first question was what was Blue Acres doing and why did they receive a notice. Once they were explained who Blue Acres Inc. owned the Hinton store and they wanted to upgrade the fuel islands and putt a canopy over them, the five individuals had commented that the store was a good neighbor, and it would help modernize the facility.
Member Trabue, asked what was the existing lighting for the facility? He assumed the canopy would have some under canopy lighting which may be brighter.
Mr. Sachs stated that right now they had a couple of poles with lighting. He stated that was the down side of the canopy creating more lighting. It would make the area much brighter.
Member Kirkpatrick, commented that all in all it would be an improvement.
Member Kirkpatrick made an Member Trabue seconded motion to approve Blue Acres, Inc. request for a variance from the front setback to 3’ ft. in the R-S zoning district for property located at 8650 N. Hwy. VV, Columbia
Voting was as follows:
Keith Kirkpatrick yes Tom Trabue yes
Tom Schneider yes
Motion was approved unanimously 3 yes
Review permit issued toCarl E. Turner, Jr. for a permit for a
pre-1976 mobile home located at 2000 S. Rte O, Rocheport.
(permit no longer needed)
Director Shawver, advised permit was issued in 1994. Mobile home was there for a period of time and then replaced with a newer mobile home. Since that time the second mobile home has been replaced by a double wide on the property, so the permit is no longer needed.
Review permit issued toCarter E. Reno for a permit for a
pre-1976 mobile home located at 8505 N. Wade School Rd.,
Columbia. (permit no longer needed)
Director Shawver, advised that the single wide mobile home has been removed and so the permit is no longer necessary.
Director Shawver wanted to thank and have the record show how much he enjoyed working with Chairman Tom Schneider. Mr. Schneider had been a very knowledgeable and diligent member of the Board of Adjustment since 1984.
Chairman Schneider stated he had enjoyed being on the board but it was time for someone else to do it.
Having no further business the meeting adjourned at 7:18 p.m.
Approved on 16th, day of May, 1996