BOONE COUNTY BOARD OF ADJUSTMENT

BOONE COUNTY GOVERNMENT CENTER

801 E. WALNUT ST., COLUMBIA, MO.

Thursday, July 24, 1997

 

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

Present: Keith Kirkpatrick, Chairperson

Linda Rootes

Norma Keil

Absent: Tom Trabue, Vice Chairperson

Jerry Kaufman

Also present: Stan Shawver, Director Thad Yonke, Staff

Bill Florea, Staff Noel Boyt, Secretary

Member Keil made and Member Rootes seconded a motion to approve the minutes of April 24, 1997,

meeting with no corrections.

Motion passed by acclimation.

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 part of the record of the proceedings.

REQUEST

Request by Benton Homes, Inc. for a variance from the front setback requirement

of 25 feet as required in Section 10. A. of the Zoning Regulations for a structure

located at 5200 N Burning Bush Rd., Columbia.

Director Shawver gave staff report that lot 81 was located in Shalimar Gardens Block III, 5200 N. Burning Bush Road, Columbia. The property is zoned R-S (Single Family Residential) as is all the adjacent property. The site is located approximately 1 mile north of the Columbia city limits, just west of Highway 763. There is a modular home on the lot. It is a corner lot of Burning Bush and Lotus Loop. At this point we would call Lotus Loop as a stub out street. It is designed in the subdivision plat to provide access to the property to the north for continuity of development, however, the street has not been built at this time. When the building permit was taken out the application showed there would be a 25’ set back on both corners which is what is required for a corner lot. However, the contractor while pouring the foundation for the site did not realize there was a street there and went into the setback. With the orientation of the structure towards Burning Bush it could be considered a side set back which would have a setback of six (6) feet. It would have well exceeded that but for the problem that there is a street platted there that has not been built, and may not be built any time in the near future. Mr. Benton is requesting a variance of Section 10. A. of the Zoning Regulations which require a setback of 25’. We notified 71 property owners of this request.

Larry Benton, 2900 Chinaberry Dr., Columbia addressed the board. He gave the board a plot plan and a photograph of the road. He said the first arrow on the picture was the property line and the second arrow showed where the edge of the curb would be if a street is ever built. The lot was staked off like they wanted it, contractor came and noticed that there was a real short setback on the side away from the Lotus Loop (which was on purpose). He did not realize that the street was there and said "why crowd this?" and moved the house over. Mr. Benton did not know anything about it until the lender sent them a copy of the survey showing it did not meet the setback. Now they will not close until they get a variance.

Chairperson Kirkpatrick asked if the house was already built. Mr. Benton stated the house was already built and the prospective owners wanted to move in Monday.

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

Chairperson Kirkpatrick asked Mr. Benton if he thought the road would ever be built? He said he would never build the street. He would not want to have people from another subdivision going through their streets and subdivision, so it would not be to their advantage to build the street.

Member Rootes asked who owned the land on the other side of the stub? He said it was another house in the subdivision, a Mrs. Richardson .

Chairperson Kirkpatrick asked Director Shawver what was the total encroachment? Director Shawver said 3.3 feet. Chairperson Kirkpatrick verified that the encroachment was into the setback and not onto the right-of-way? Director Shawver agreed and wanted it noted that it was outside of the utility easement.

Member Rootes made and Member Keil second motion to approve the request by Benton Homes, Inc. for a variance from the front setback requirement of 25 feet as required in Section 10. A. of the Zoning Regulations for a structure located at 5200 N Burning Bush Rd., Columbia.

Linda Rootes yes Norma Keil yes Keith Kirkpatrick yes

Motion to approve was unanimous. 3 yes

 

Request by William H. Pohlman Trust for a variance from the subdivision regulations

requirement to provide sidewalks (Appendix B, Section 1.11) on lot 88 of

Valley Creek Subdivision, Plat 8.

Director Shawver gave staff report stating that the property was located in Valley Creek Subdivision Plat 8, property is zoned R-M (moderate density Residential) it is just east of the Columbia city limits in the Lake of the Woods area. The lot is presently vacant. They are proposing to build a duplex on the lot. All the surrounding area is R-M which is the original zoning since 1973. The adjoining lots were developed as Lakewood Estates Planned Development in the early 1970’s. There are no sidewalks in Lakewood Estates. This request is for a variance from the requirement to install sidewalks on lot 88 of Valley Creek , Plat 8. This is on the corner of Trikalla Drive and Lakewood Drive.

Director Shawver reminded the Board that at last month’s BOA meeting (June 1997) there had been a sidewalk variance granted for Lot 91, 90, and 89 on Trikalla Drive. There was one lot between lot 89 and the subject lot 88. Staff notified 235 property owners. Staff recommendation is that the variance be granted.

William H. Pohlman, 1513 Killian Court, owner stepped forward. He gave a colored copy of the portion of Plat 8 where the sidewalk were and were not, and photos of the area. He said there would be sidewalks on the opposite side of the lot across the street.

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

Member Rootes said this whole area was discussed thoroughly last month and she did not see any reason not to grant the request. Chairperson Kirkpatrick asked if the regulations could ever require Lakewood Estates to have sidewalks. Director Shawver said no. Chairperson Kirkpatrick agreed with Member Rootes. The board had discussed the situation in depth last month and in light of the fact there would be sidewalks across the street he was in favor of the request.

Member Keil made and Member Rootes seconded a motion to approve the request by William H. Pohlman Trust for a variance from the subdivision regulations requirement to provide sidewalks (Appendix B, Section 1.11) on lot 88 of Valley Creek Subdivision, Plat 8

Norma Keil yes Linda Rootes yes Keith Kirkpatrick yes

Motion to approve request was unanimous. 3 yes

 

OLD BUSINESS

Review permit issued to Billy Lindsey to place a mobile home as a second dwelling

on 6.10 acres located at 920 E High Point Ln., Columbia (7/78).

Director Shawver gave staff report stating that Mr. Lindsey’s property was located on High Point Lane, approximately 2 miles south of Columbia city limits near the intersection of High Point Lane and Rock Bridge Lane. The property is zoned A-2 (Agriculture) and all the sounding property is A-2. Mr. Lindsey has six (6) acres of land. The permit was originally granted in 1978; the mobile home was to be occupied by Mr. Lindsey’s mother. The permit has been reviewed every year until 1985 and then reviewed every two (2) years. The last review was in 1995. Staff notified 14 property owners.

Billy Lindsey, 950 E. High Point Lane, Columbia addressed the board. Chairperson Kirkpatrick asked if his mother was still living in the mobile home. Mr. Lindsey said, "still kicking and would be 80 yrs. old in November". He continued that the situation had not changed.

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

Member Keil made and Member Rootes seconded motion to approve the variance for two (2) years unless the situation High Point Ln., Columbia (7/78).changes to allow Billy Lindsey to place a mobile home as a second dwelling on 6.10 acres located at 920 E

Norma Keil yes Linda Rootes yes Keith Kirkpatrick yes

Motion was unanimous. 3 yes

Review permit issued to Charlotte Allen to place a mobile home as a second dwelling

on 2.33 acres, located at 5150 S Scott’s Blvd., Columbia (8/80).

Director Shawver gave staff report that the property was located on Scotts Blvd., approximately 3/4 mile south of Columbia city limits. The property is zoned A-2 (Agriculture) as is all of the sounding property. The permit was first issued in August, 1980. Ms. Allen lived in a mobile home with her son at that time. They wanted to move a second unit onto the property for her aunt to live in. Since that time, Ms. Allen has moved the aunt in with her and the son occupies the second trailer. The permit has been reviewed every two years since 1985 and the last review was in July 1995. Staff notified 19 property owners.

David Allen, 5170 Scott Blvd. addressed the board. Commissioner Kirkpatrick asked if the situation still existed? Mr. Allen replied yes.

Member Keil asked if his great aunt’s health was bad? Mr. Allen said she was about 89 years old and his mother had respiratory problems and both are living together and he in the second trailer.

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

 

Member Rootes made and Member Keil seconded motion to approve the variance for two (2) years unless the situation changes, to allow Charlotte Allen to place a mobile home as a second dwelling on 2.33 acres, located at 5150 S Scott’s Blvd., Columbia (8/80).

Linda Rootes yes Norma Keil yes Keith Kirkpatrick yes

Motion was unanimous. 3 yes.

 

Review permit issued to Jimmy Ray Rippeto for a mobile home as a second dwelling

on 2.0, located at 1505 Wren School Rd., Hartsburg (6/85).

Director Shawver gave staff report that the property was located on Wren School Road, Hartsburg mailing address, four and half (4.5) miles west of Ashland. Dwelling on the property along with a mobile home on two (2) acres. The property is zoned A-2 (Agriculture) and the sounding area is zoned A-2. The permit was first issued in June, 1985. Mr. Rippeto lived in the house at the time and wanted to move his mother onto the property in a mobile home, to provide assistance with the care of his children. The permit has been reviewed every two years. Last review was in 1995, staff notified 7 property owners.

Betty Rippeto, Hartsburg addressed the board. Commissioner Kirkpatrick asked if the situation was the same? Ms. Rippeto said it was pretty much like it was.

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

 

Member Keil made and Member Rootes seconded motion to approve the variance for two (2) years unless the situation changes to allow Jimmy Ray Rippeto to place a mobile home as a second dwelling on 2.0, located at 1505 Wren School Rd., Hartsburg (6/85).

Norma Keil yes Linda Rootes yes Keith Kirkpatrick yes

Motion was unanimous. 3 yes

 

ELECTION OF OFFICERS

Chairperson Kirkpatrick advised the board members he had been made Chairperson of the Boone County Planning and Zoning Commission and wanted to step down as Chairperson for this board. Saying that Chairperson Kirkpatrick turned the meeting over to Director Shawver.

Chairperson and Vice-Chairperson election.

Member Kirkpatrick nominated and Member Keil seconded nomination of Tom Trabue as Chairperson for the Board of Adjustment. Member Rootes made Member Kirkpatrick seconded motion of selection by acclimation. Motion approved.

Member Keil nominated and Member Kirkpatrick seconded nomination of Linda Rootes as Vice-Chairperson for the Board of Adjustment. Member Kirkpatrick made and Member Keil seconded motion of selection by acclimation. Motion approved.

ADJOURN

Due to no further business the meeting was adjourned at 7:48 p.m.

Respectfully Submitted,

 

 

 

M. Noel Boyt

Secretary

Minutes approved the 28th of August, 1997.