BOONE COUNTY BOARD OF ADJUSTMENT

BOONE COUNTY GOVERNMENT CENTER

801 E. WALNUT ST., COLUMBIA, MO.

Thursday, June 27, 1996

 

 

Chairperson Kirkpatrick, called the meeting to order at 7:00 p.m. in the Chambers of the Boone County Government Center having a quorum present.

Roll call as follows:

Present: Keith Kirkpatrick, Chairperson

Jerry Kaufman, Vice Chairperson

Norma Keil

Tom Trabue

Linda Rootes

Also Present: Stan Shawver, Director

Thad Yonke, Staff

Noel Boyt, Secretary

Minutes of the May 23, 1996, with correction made. Member Keil made and Member Rootes seconded motion to approve minutes. Motion was approved by acclamation.

REQUESTS

Request by David L. Sallee to place a pre-1976 mobile home

on 8.84 acres located at 3350 E. Mt. Zion Church Rd., Hallsville.

Director Shawver gave staff report stating that the property was located at the very western most end of Mt. Zion Church Road, 8.84 acres of a 40 acre tract of land. This tract and the surrounding area is zoned A-2. The property is currently vacant. The property is approximately 3.5 miles southwest of Hallsville. The applicants are requesting to place a 1971 mobile home on the property to be used as a dwelling pending completion of a house. Notification sent to three (3) property owners. One owner was the Missouri Department of Conservation. Mr. Jim Loveless, District Coordinator called on their behalf. He stated that the department did not have any problems with the mobile home being placed on the property.

Mr. David Sallee, 3900 Clark Lane, Pine Grove Mobile Home Park, lot 38 addressed the Board. Mr. Sallee stated that obtaining property there, he and Wendy wanted to have a home built there by the fall of next year. He stated they had two children under the age of 5 years and wanted out of the mobile home park. Wendy Johnson spoke up and stated they wanted out of the mobile home park because of theft and drug abuse. Mr. Sallee stated that the mobile home was safe. He had installed new windows, new floors, water heater. Checked the wiring and breakers because it did have aluminum wiring.

Chairperson Kirkpatrick asked about the wiring. Mr. Sallee stated it was copper wrapped with aluminum. He stated the toaster oven was pulling the most amps.

Open to public hearing.

No one spoke in favor or opposition to the request.

Member Rootes asked if he intended to do a lot of the construction on the new home? He advised he did. Member Rootes stated she had worked on projects and understood it would be much easier for him to do that if he lived on the site. Since she was a proponent of affordable housing and making opportunities available to build and own homes, she was inclined to allow him to do this.

Chairperson Kirkpatrick asked Mr. Sallee if he had begun construction of the house? Mr. Sallee stated he had been clearing the lot to place the trailer.

Chairperson Kirkpatrick asked Director Shawver if the only reason for the request was for the pre - 1976 mobile home? Director Shawver said this was correct.

Mr. Sallee stated they had been living in the trailer for two (2) years. He knew the structure was sound other than a leak or two in the roof.

Chairperson Kirkpatrick stated there were a couple of reasons why a pre-1976 mobile home is sent to the Board of Adjustment. 1. Is the safety concerns, having to do with aluminum wiring, size of windows which may or may not be used as an escape hatch in the case of a fire. Chairperson Kirkpatrick said that in the photos the windows appear to be an adequate size. Chairperson Kirkpatrick asked if applicants understood the potential problem of the wiring and still willing to take that risk. Mr. Sallee stated he had minimized the risk. Chairperson Kirkpatrick stated the mobile home appeared by the photo to be in reasonably good shape and well maintained.

Member Trabue stated that normally if a variance like this one was approved it would have a time frame on it; would a two year review period be a reasonable time frame? Mr. Sallee answered yes. He continued that he intended to build a house piece meal as he could afford it.

Member Keil made and Member Trabue seconded motion to approve request by David Sallee and Wendy J. Johnson for a permit for a pre-1976 mobile home considered as a hardship under Section 15.C (4) (d) of the Boone County Zoning Regulations, be granted for a period of two years.

Voting was as follows:

Norma Keil yes Tom Trabue yes

Keith Kirkpatrick yes Jerry Kaufman yes

Linda Rootes yes

Motion was approved unanimously. 5 yes

 

 

Request by Barrett Spangler for Robert and Janet Hendren to

place a modular home adjacent to an existing house on

1.74 acres located at 10119 E Hwy. HH, Hallsville

(if approved, the existing house will be used for storage).

Director Shawver gave staff report stating that the Hendren’s have contract to purchase the property and currently reside on it. The property is located out on Hwy. HH, what is know as Murray approximately three and a half (3 1/2) miles northeast of Columbia.

The property is zoned A-2 (Agriculture), the property to the northeast and west is zoned A-2. Property on the other side of State Rte. HH is zoned R-M ( Moderate density residential). There is an existing older house on the property. The Hendrens’ would like to place a modular type home on property for their residence and utilize the existing house for storage purposes. No previous request submitted on behalf of the property. Notification sent to 12 property owners. No response has been received.

Robert and Janet Hendren , 10119 E. Hwy. HH, Hallsville approached the Board. She stated that their residence was an older structure and had planned to do all the work and make it a "neat old farm house". The old farm house is an OLD farm house and they are tired of sinking money in the old building that would still be an old house. They had decided to place a 1996 modular home on the property. Mrs. Hendren said that they wanted to tare the house down but they still have approximately a year and half to pay-off, and that is why they needed to leave it standing. Once it was paid off they would tear it down. Until then it would just be used for storage.

Open to the public.

No one spoke in favor or opposition to the request.

Chairperson Kirkpatrick asked if the old house set close to Hwy. HH and where would they place the new home. Mrs. Hendren stated it was real close to Hwy. HH and the new home would be behind the house, approximately 50 ft. They would use the existing lagoon for waste water. Dave Crooks from County/City Health Department had been out already and looked at the system.

Member Trabue stated he would feel more comfortable if there was a way to restructure the financing and tear down the old building. Chairperson Kirkpatrick stated that any approval of the variance should be restricted to a time table and not allow human occupancy in the old house. Mrs. Hendren stated that was why they were moving out. The old structure was too cold in the winter and needed several things like a new roof.

Chairperson Kirkpatrick asked how long did the old house need to remain? Mrs. Hendren said two (2) years.

Member Trabue asked if services should be cut off to the old house? Director Shawver said the Board did not have the authority to direct that services be turned off. But as the Chairman suggested, to restrict it from human occupancy is something that can be monitored.

Member Trabue made and Member Keil seconded motion to approve the request by Barrett Spangler for Robert and Janet Hendren to permit a modular home to be placed on the tract with an existing home for a period of two years with the provision that the existing home may be used for storage, but not to be used as a dwelling; further that the existing house may be demolished at an earlier date and that the Hendrens will notify the Planning and Building in Inspection Department following the removal of the old house.

Voting was as follows:

Tom Trabue yes Norma Keil yes

Linda Rootes yes Jerry Kaufman yes

Keith Kirkpatrick yes

Motion was approved unanimously. 5 yes

 

 

 

Request by Junior Ray Crowley for a variance from the subdivision

regulations requirement restricting tier lot stems to 250’ in length

for property located at 4835 N Roemer Rd., Columbia.

Director Shawver gave staff report stating that the tract was located on Roemer Road, approximately 1 Mile north of Columbia (part of the tract has access to Creasy Springs Road). Zoned R-S (Single Family Residential) and all of the surrounding property is also zoned R-S. There are a couple of multifamily dwellings on the property. Mr. Crowley wants to sell his son Randy and his wife Tammy two (2) acres of land in the northwest corner of the property. Under the Subdivision Regulations there is a restriction that a tier or flag lot can have a steam no more than 250’ ft. in length. The side of the property is approximately 500’ ft. back from the road. They are asking for a variance of Appendix B. Section 1.8.1 Tier lots with the 250’ ft. restriction. Staff notified 26 property owners.

Randy and Tammy Crowley, 9375 N. Rte. E, approached the Board. Mr. Crowley stated they were in the process of purchasing land from his dad to build house. Then in filling out the building permit, they needed a way to get to the house.

Chairperson Kirkpatrick asked if the stem was included in the purchase. Mr. Crowley stated yes. Mr. Crowley added that the land had been in the family over 30 years and he wanted to be able to build a house on it.

Open to public hearing.

Ms. Joy Baer, 4802 Roemer Road spoke up and asked where the driveway would be? Mr. Yonke, staff member showed Ms. Baer an aerial map. Her concern was that her property was directly across the road and it is a vary dangerous entrance.

No one spoke in favor or opposition to the request.

Member Trabue asked Director Shawver that since there was some intent to develop this property into a subdivision in a future date, rather than developing a long tier lot (at this time) might it be more appropriate to have a road easement or access back to the two (2) acre parcel and then that lot could be built in to a future plat? Director Shawver said the subdivision regulations do not allow road easements on lots smaller than five (5) acres.

Chairperson Kirkpatrick suggested that if the variance was approved it be with the condition of no further development on this particular tract. Member Trabue stated he was concerned more about the long stem being part of the development within what is left there and leaving this long stem where they could actually be served by a road going into the property.

Chairperson Kirkpatrick asked Member Trabue why he was concerned about the stem? Member Trabue said it would become part of the lot forever. He continued that since there was some intent to develop the remaining land into a subdivision, then all the lots could have access to a public roadway without long stems.

Member Rootes stated she had driven over to Creasy Spring Road to look at the property. She asked how far from the apartments driveway would their house be located. Mr. Crowley answered more than 500’ (ft.).

Chairperson Kirkpatrick stated if the variance was approved, he would like to have a condition that there could be no further development on this particular tract. This could be replatted, provided that the subdivision requirements are met. Theoretically there could be 12 units on this tract of land and he would not like to see that. Mrs. Crowley stated that they will position the home in the middle of the property and it would be very hard to have other structures added.

Member Trabue agreed with Chairperson Kirkpatrick on the restriction. Member Keil asked Mr. and Mrs. Crowley if they would mind having the restriction? Tami Crowley said no, they were planning on staying there for a long time.

Member Trabue made and Member Keil second motion to approve request by Junior Ray Crowley to allow a tier lot with a stem exceeding 250’ ft. in length will provide adequate public road access to a single platted lot, provided that the two acre parcel the tier serves may not be further subdivided.

Member Trabue wanted to note his concern on long stems.

Voting was as follows:

Tom Trabue yes Norma Keil yes

Linda Rootes yes Keith Kirkpatrick yes

Jerry Kaufman yes

Motion to approve passed unanimously 5 yes

 

OLD BUSINESS

Review permit issued to Richard Clarkson for a mobile home as a

second dwelling located at 1560 S Rustic Rd.(granted 1/94).

Director Shawver gave staff report stating that Mr. Clarkson’s permit was originally issued to Richard and Alma Clarkson. Mr. Richard Clarkson passed away this last year (since the last review), but Alma Clarkson is still living. Mr. Robert Clarkson is their son. They own 15.12 acres of ground on Rustic Road which is immediately east of Columbia. Zoning is R-S (Single Family Residential) and all the surrounding zoning is R-S. There is an existing house on the property as well as several out buildings. The mobile home was added in January, 1994 after approval of the Board for second dwelling on a tract of ground. Mr. and Mrs. Clarkson were elderly and the mobile home was granted for Robert Clarkson and his family to live there and take care of the Clarkson’s. It was granted with a one year review. Staff failed to pull it until June, 1995, and you have a copy of those minutes when it was renewed for one year. Staff notified 11 property owners of this request.

Mr. Robert Clarkson, son, approached the Board. Chairperson Kirkpatrick asked if he was still living in the mobile home and the house is occupied by his mother. Mr. Clarkson said yes.

Mr. Clarkson stated he had tried to get a permit to add on to his mobile home because his son and two grand kids are now living with him.

Chairperson Kirkpatrick asked if he had already built onto the mobile home. Mr. Clarkson stated he had a sketch of 3 bedrooms and a bath to add but was having trouble getting a permit to add on.

Director Shawver stated that when a permit is granted for a mobile home on a hardship basis for one or two years, he did not feel it would be appropriate to issue a building permit for a permanent improvement without authorization by the Board to issue the permit. Chairperson Kirkpatrick asked what would be required for the addition. Director Shawver stated a building permit, having inspections during construction. Chairperson Kirkpatrick asked the size of the addition. Mr. Clarkson stated 3 bedrooms and a bath. Mr. Clarkson said he only had a two bedrooms, his granddaughter has been sleeping on the couch, his son and a grandson have been sleeping in the bedroom.

Mr. Clarkson stated he had hired someone to add on to the trailer (thinking he had permits) for $10,000, that person had done some of the work, but then he left. The structure has been leaking every since.

Chairperson Kirkpatrick asked Mr. Clarkson if he understood he may have to move the mobile home if his mother should pass on or move elsewhere? He said no, the mobile home, house, and property comes to him. Chairperson Kirkpatrick explained that the variance was granted to place the mobile home on the property on a temporary basis. He asked why he would have to move the mobile home? Member Keil stated the variance was approved for the trailer and not the rooms to be added. Mr. Clarkson said when he moved here, he had brought all of his family here. Member Keil stated it was temporary and if the circumstances change, only the original house may remain.

Chairperson Kirkpatrick stated the original request was to allow the mobile home to be moved onto the property under a hardship and to give assistance to his parents. Mr. Clarkson agreed. Mr. Kirkpatrick continued that the only reason he was allowed to move the mobile home there to begin with was on a temporary basis and with an annual review. If and when the situation changes, the review would probably require the mobile home to be removed. The hardship for the request would no longer exist and the property rights go back to one dwelling on a tract of land.

Chairperson Kirkpatrick stated he was concerned Mr. Clarkson would spend money fixing up the mobile home only for it to be removed later.

Director Shawver said there was another alternative which was explained to Mr. Clarkson father. He said when Mr. Clarkson’s father (Richard) first came in it was explained only one dwelling per tract of land. It was presented to split his land into two or three parcels and under the old regulations he could have split his land into three, five acre parcels and not go through the subdivision process or go to the Board of Adjustment. Mr. Clarkson chose to the Board of Adjustment understanding that it could be granted for a limited period of time. Once the hardship no longer existed, it would have to be removed. That is how he understood it and that is how the application was made.

It may be a little more difficult now than it was two and a half years ago. He will have to take action to either remove the mobile home or split the property through the subdivision process when the hardship no longer exists.

Chairperson Kirkpatrick stated that the hearing tonight was not for adding to the mobile home, it was for renewing the variance for one year.

Director Shawver stated he did not have a problem with issuing a building permit after covering that issue tonight; provided the Board authorized the permit to be issued.

Member Trabue said that before he would be willing to make a decision on the addition, he would like more information where everything fits on the property. Potentially if a variance was granted for the building permit they would be allowing two permanent dwellings on the property. He would like to table the addition to the building until that information is received.

Member Keil asked Director Shawver that if variance for an addition is approved would he then grant a building permit. Director Shawver answered yes. The request tonight was to extend the variance of the mobile home as a second dwelling. If it is granted, Director Shawver would then request the Board to authorize issuance of a building permit for an addition to that mobile home.

Member Keil said Mr. Clarkson needs to have the land platted before the Board gets into something that permanent. The variance was definitely a hardship and she has no problem with that, but when an addition to a mobile home is done it is not mobile any more.

Member Keil asked Mr. Clarkson if his mother would consider replatting the land so it could stay permanent? Director Shawver said she could keep it all in her name but divided into smaller parcels having one dwelling on separate parcels. Member Kaufman added then he would not have to come back to the Board for renewal or approval if the land is platted. Mr. Clarkson said he would like to get out from under the annual review.

Chairperson Kirkpatrick stated he had no problem with extending the variance for a period of a year, but he shared concerns of the other Board members in authorizing more construction of the mobile home which would make it a more permanent structure.

Member Keil asked if it would be better to table the construction issue? Director Shawver stated another possibility would be to grant the renewal of the mobile home for a year and table consideration of the addition until Mr. Clarkson looks into dividing the land.

Member Rootes asked Mr. Clarkson if he spent any money getting ready to do the addition? He said yes, he gave a man $10,000 and framed it up and walked off the job. It has been leaking for the last two years.

Member Keil made and Member Rootes second motion to grant the continued variance for the mobile home for a period of one year .

Voting was as follows:

Norma Keil yes Linda Rootes yes

Tom Trabue yes Jerry Kaufman yes

Keith Kirkpatrick yes

Motion to continue variance was approved unanimously. 5 yes

 

Member Trabue made and Member Kaufman seconded motion to table a consideration of granting a building permit for an addition to a mobile home until further information is given back to the Board.

Member Rootes stated that since the variance for the mobile home is based on a hardship condition, she would like the Board to consider the Clarkson’ family in their hardship situation. Since a lot of money has been expended with a structure partially completed and may not be meeting code, she thought it would be to the community’s benefit to help Mr. Clarkson to get it turned into a legal situation and get a building permit so that proper inspections could be made and any deficiencies can be corrected helping the family into a proper housing situation as soon as possible. She did support the tabling so the Board could look into it.

 

Voting was as follows:

Tom Trabue yes Jerry Kaufman yes

Keith Kirkpatrick yes Norma Keil yes

Linda Rootes yes

Motion to table consideration of building permit passed unanimously. 5 yes

 

 

Review permit issued to Carol Kiel for a mobile home as a second

dwelling located at 2321 E Hwy. 163 (granted 9/77).

Director Shawver gave staff report stating the property is located approximately 2.5 miles south of Columbia off Hwy. 163 (Pierpont area). The zoning is A-2 (Agriculture) and the surrounding zoning is A-2. The permit was originally granted in 1977 to Mr. Lewis (2 property owners ago). Mr. Lewis applied to the Board for a variance on the basis that he requested a permit for a second dwelling be a mobile home. The mobile home was to be used as a rental unit because he was on a fixed income. The Board at the time granted the permit and it was reviewed annually for many years. Mr. Lewis died just after a review and the purchaser was advised that the mobile home was grandfathered on the property. When the next review came the Lewis heirs and said they did not own it any more. The new owner said it had been represented to him as grandfathered rental property. He came in and was granted a permit to continue and subsequently sold it to Mrs. Kiel. Mrs. Keil had her daughter living in it, she moved out and then her mother moved in it. The last two years it has been used for storage purposes. It has been on a one year review. Staff notified 37 property owners.

Mrs. Kiel approached the Board. Chairperson Kirkpatrick asked Mrs. Kiel if her mother was still living with her and was the mobile home still being used for storage. Mrs. Keil said yes and there was even more to store.

Chairperson Kirkpatrick stated the situation had not changed.

Member Trabue questioned the definition of "hardship" on this variance just to use the trailer for storage. Mrs. Kiel stated she was diagnosed with multiple sclerosis and is going to school at present. She can not afford to even fix the water pipes. Mrs. Keil said she and her mother moved from one five room house and a five bedroom house into a two bedroom house. Chairperson Kirkpatrick stated that originally Mrs. Kiel’s mother had a heart attack, open surgery heart and had moved in with her. While he agreed initially, the basis for continuing the variance has changed. Member Trabue said the history did have a bearing. If it were a new request for a second dwelling to be used for storage, his opinion would be to deny the request.

Member Trabue made and Member Rootes seconded a motion to approve the renewal of Carol Kiel for a mobile home to be used as a second dwelling for one year noting that the approval is based on the previous history.

 

 

 

 

 

 

Voting was as follows:

Tom Trabue yes Linda Rootes yes

Norma Keil yes Jerry Kaufman yes

Keith Kirkpatrick yes

Motion to renew variance was approved unanimously. 5 yes

Review permit issued to Ronald Vaughan for a mobile home as a

second dwelling located at 5931 N Hwy. VV (granted 4/86).

Director Shawver gave staff report stating that Mr. Vaughan has almost 1/2 acre of ground in the Prathersville area on Rte. VV, approximately 1.5 miles north of Columbia that is Zoned R-S (Single Family Residential) and all surrounding land is zoned R-S. There is a house on the property as well as this mobile home. Prior to April 1986, there were two houses on this property. He and his family occupied one and his daughter occupied the other. The house his daughter occupied was destroyed by fire. April 1986, Mr. Vaughan was granted a permit for a second dwelling in the form of a mobile home. The permit has been reviewed as required; the last review was conducted in June 1994. Staff notified 13 property owners.

Chairperson Kirkpatrick asked if the situation had changed. Mr. Vaughan stated he still needed help keeping the land mowed and his daughter still needs a place to live.

Member Keil asked if this was another option where the land could be split and not come before the board anymore? Director Shawver stated yes, it could be split and platted as a subdivision. He was not sure (with half an acre total) of the configuration, whether both lots could have road access. However, when a lot is split with less than 5 acres you can not have a mobile home on it.

Member Trabue made and Member Keil seconded motion to approve the renewal of Ronald Vaughan for a mobile home to be used as a second dwelling with a two year review.

Voting was as follows:

Tom Trabue yes Norma Keil yes

Linda Rootes yes Kirk Kirkpatrick yes

Jerry Kaufman yes

Motion to renew variance for two years was approved unanimously. 5 yes

 

ADJOURN

Being no further business the meeting was adjourned at 8:15 p.m.

Respectfully submitted,

 

 

M. Noel Boyt, Secretary

Approved August 22, 1996