BOONE COUNTY BOARD OF ADJUSTMENT
BOONE COUNTY GOVERNMENT CENTER
801 E. WALNUT ST., COLUMBIA, MO.
Thursday, October 24, 1996
Chairperson Kirkpatrick, called the meeting to order at 7:00 p.m. in the atrium of the Boone County Government Center having a quorum present.
Present: Keith Kirkpatrick, Chairperson
Tom Trabue, Vice Chairperson
Also Present: Stan Shawver, Director
Don Abell, Staff
Noel Boyt, Secretary
Member Trabue made and Member Keil seconded a motion to approve minutes of September 26, 1996. Motion was approved by acclamation.
Chairperson Kirkpatrick explained the function of the Board of Adjustment. He stated that all decisions are based upon the Boone County Zoning and Subdivision Regulations, which are considered to be a part of the record of the proceedings.
Request by Phyllis Dake Smith to place a mobile home in a subdivision
as a temporary dwelling during repair of a fire damaged house, on property
located at 4801 W Chapel Dr., Columbia.
Director Shawver gave staff report stating that the property is located in Chapel View Acres subdivision which is approximately two (2) miles northwest of Columbia off of State Highway E. There is an existing house on the property that was damaged by fire. Chapel View Acres subdivision was platted in 1981 and is zoned A-2 and all the surrounding property is zoned A-2. There have been no previous requests submitted on behalf of this property to the Board of Adjustment or the Planning and Zoning Commission. The applicants are requesting a variance to allow them to place a mobile home on the lot pending completion of repairs to the house. Specifically SECTION 4. A. (9) restricts a manufactured home or mobile home from being placed in a recorded subdivision without a permit issued by the County Commission or Board of Adjustment. The application states that they hope to have their repairs completed by January 1, 1997. Staff notified 18 property owners concerning the request.
Larry Smith and Phyllis Dake Smith, addressed the Board. Mr. Smith stated that approximately 1/3 of the repairs had been completed so far. They were ready to put the plumbing in. He stated he needed to be there on the property it saves time and he would able to protect the property since the fire. He continued that inspectors from Planning and Building Inspections had been to the site to inspect. He thought the remodel would be completed by January 1, 1997. He wanted to eat Christmas dinner in the house and be out of the trailer.
Chairperson Kirkpatrick stated his only concern was if it was enough time to be finished by January 1. Mr. Smith said he was only asking until January 1, but if the Board wanted to extend it, he would appreciate it.
Chairperson Kirkpatrick asked when did the fire occur. Mr. Smith said on October 1st, 3:30 a.m., they were lucky they even woke up.
Chairperson Kirkpatrick said the pictures showed the trailer was sitting in the driveway. Mr. Smith said yes, in the driveway and could not be seen by the neighbors since it sat so far back in the trees.
Chairperson Kirkpatrick asked staff if there was any response from the neighbors? Director Shawver stated he had received one call. It was for support of the trailer being there during the construction, but to be sure it was removed upon completion.
Member Rootes stated she had driven by the site. The site was shielded from the adjacent properties by a lot of cedar trees. She could not see how any of the neighbors could be visually impacted by the trailer being there. In fact, the trailer looked much better than the house at this point. She is very supportive of the fact that Mr. Smith needed to be there to work on the property and hope that they now have insurance.
Member Rootes said she had been involved in rehabilitating several houses and it looked like a huge amount of work to get done by the first of January. She would be in favor of extending the time with the understanding that when ever the house was occupied the trailer would be removed.
Member Rootes made and Member Keil seconded a motion to approve the request by Phyllis Dake Smith to place a mobile home in a subdivision as a temporary dwelling during repair of a fire damaged house, on property located at 4801 W Chapel Dr., for a period of six (6) months with the condition that the trailer be removed within 30 days of occupancy of the home.
Member Trabue was concerned about the sewage disposal. Mr. Smith said it had been taken care of and inspected. Director Shawver stated the trailer had approval from the City/County Health Department to hook up to the existing system.
Voting as following:
Linda Rootes yes Norma Keil yes
Tom Trabue yes Jerry Kaufman yes
Keith Kirkpatrick yes
Motion for approval of variance was unanimous. 5 yes
Request by Harold and Patsy Crawford for a permit to allow
a mobile home as a second dwelling on 10.16 acres located at
6540 W Rte K, Columbia.
Director Shawver gave staff report stating that the property was located on State Highway K, approximately 4 miles southwest of Columbia and 1/2 mile east of McBaine. He stated that Mr. Crawford has a mobile home on the property. The proposed site is located in the flood fringe area as designated on the Boone County Flood Insurance Rate Map. Mr. Crawford actually had started elevating the site for the mobile home, but he learned that in order to elevate the lagoon it would involve a lot more dirt than was realistically practical. Mr. Crawford notified us yesterday that he wanted to withdraw the request.
At the current time, his son is living in McBaine. As far as a hardship, the son is fairly accessible. The convenience of having the son right next door was out-weighed by the cost to elevate the trailer and lagoon.
Director Shawver expected Mr. Crawford to come back to BOA since he has built structures within the floodplain and so he will need a variance from the regulations to allow accessory structure to be built at grade. This can be done by "wet floodproofing" the structure rather than elevating it. The regulations will permit accessory structures if he gets a variance approved from the Board Of Adjustment.
Dismiss request submitted by Erich D. Albert and Randall Smith for
relief from the requirements of the Boone County Subdivision Regulations
requiring lots smaller than 2.5 acres to be connected to a centralized
wastewater system on property located at 6050 S Gans Creek Rd.
(tabled for 60 days 8/22/96).
Director Shawver gave staff report stating that Mr. Smith purchased another piece of property from Mr. Albert on Nashville Church Road and transferred his building permit for the modular home to that site. Based on this, it would appear that Mr. Smith no longer needs a variance from the subdivision regulations. Additionally, staff has not received any information from an engineer regarding a wastewater system as requested by the Board.
Member Trabue made and Member Rootes seconded motion to remove from the table and dismiss the request by Mr. Albert and Mr. Smith for relief from the requirements of the Boone County Subdivision Regulations requiring lots smaller than 2.5 acres to be connected to a centralized wastewater system on property located at 6050 S Gans Creek Rd.
Motion was approved by acclamation.
Being no further business the meeting was adjourned at 7:17 p.m.
Noel Boyt, Secretary
Minutes approved 27th of March, 1997.