BOONE COUNTY BOARD OF ADJUSTMENT

BOONE COUNTY GOVERNMENT CENTER

801 E. WALNUT ST., COLUMBIA, MO.

Thursday, December 4, 1997

Chairman Tom Trabue, called the meeting to order at 7:03 p.m. in the Boone County Chambers having a quorum present.

Present: Tom Trabue, Chairperson

Linda Rootes, Vice Chairperson

Keith Kirkpatrick

Absent: Norma Keil

Jerry Kaufman

Also Present: Stan Shawver Thad Yonke

Bill Florea Noel Boyt, Secretary

Chairperson Trabue explained the function of the Board of Adjustment and procedures. 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.

Member Kirkpatrick made and Member Rootes seconded motion to approve minutes of August 28, 1997 meeting.

Motion passed by acclimation.

 

REQUEST

Request by Pauline Semon for a variance from the 10 acre minimum lot

size in the A-1 (Agriculture) zoning district for property located at

8660 N Rte J, Rocheport.

Director Shawver gave staff report stating that this property was located on State Highway J, 5.5 miles south of Harrisburg at the locality of Woodlandville. The property is zoned A-1 as is all of the surrounding property. This site is part of a farm. There is a house and barn on the property. The request is to create a lot smaller than 10 acres which is a requirement of Section 11. A of the A-1 Zoning District in the County Zoning Regulations. This property has been zoned A-1 since the inception of County Zoning in 1973. Staff notified 15 property owners of this request.

Sue McConnell, 1601 N Earthland Rd, Columbia was representing Pauline Semon (her mother). Her mother had written a letter to the Board and she wanted to read aloud. Chairman Trabue asked Ms. McConnell if she wanted to proceed since there was not a full board present. Ms. McConnell said she knew the odds were not good, but... Chairman Trabue said he wanted her to understand the rules.

Ms. McConnell read her mother’s written letter into the record.

Board of Adjustment

Sirs: I would like to request, to be able to give my daughter-in-law a parcel of land on

which she and my son built a home. Transfer of title was not done when the house was built

as my son was planning to continue farming and would inherit the land.

My Son died four (4) years ago and would like for my daughter-in-law, Mary Ann Semon

to have clear title to the home they built.

MaryAnn’s and my house are located close and I am able to live more independently and

because of her being close and helping with tasks I can not do for myself.

Respectfully

Pauline B. Semon

Ms. McConnell gave the rest of the presentation to her husband (Bob McConnell) and MaryAnn Sermon

Bob McConnell, son-in-law to the applicant addressed the board. He advised that within 400’ (ft.) of the property and touching it on 3 points is R-S zoning as well as Neighborhood Commercial in the community of Woodlandville, so it is not all A-1 zoning. He said that was a point to be taken into consideration.

He said it was not to change a neighborhood or a community. It would be to correct a problem that should have been done when the house was built. There are two residences on the property. Mrs. Semon has farmed the property for 60 years. It is difficult for her when she has out lived an heir. She is a pillar of her community and has the support of all of the families which touch the property. He had written copies of their support.

Mr. McConnell stated this was the same process that the property directly to the south. The Watts house was deeded off one (1) acre off the 155 acre farm. Across the road there had been a piece of property with less than 10 acres the owners are in the process of trying to place a house on it. Of the 15 parcels that were notified, seven (7) parcels are smaller than the lot size being asked for. He said all of this was within 1000’ of this property. He is not asking to change the community, there are small parcels there and not an unreasonable request. This has the full support of the neighbors.

Mary Ann Semon spoke up and said she and Harold had built the home and lived there about 20 years. Four years ago he died having paid for the house, but it was not on their own land. She said her salary is modest and to buy 10 acres is too costly.

Bob McConnell spoke up and wanted it noted that Ms. Semon is giving the land to Mary Ann, the request is for a family division and not the sell of. They could have done a family division and recorded it but then Mary Ann would not have had clear title to it.

Open to the public.

John Semon, grandson son of Pauline Semon said he was in support of the request.

No one spoke in opposition to the request

Closed to public hearing.

Chairman Trabue understood what the applicant was trying to accomplish. Prior to the changes in the Subdivision Regulations in 1990, it would have been okay. That is not possible now without out going through a proper process. He said he personally concerned about this because of the precedences it might set for other situations throughout the county. We need to look at if there are other ways to accomplish this. Staff identified two other opportunities the accomplish this same thing and stay within the regulations.

1. To rezone the property to A-2 and then complete a family transfer.

2. To create a planned residential development so we could break off a

10 acre or more to satisfy the A-1 requirements and split it off into a planned unit.

There are other alternatives to coming to the Board of Adjustment for a variance.

Member Rootes said she was struck by the support of the surrounding property owners who were in support.

Member Kirkpatrick agreed with Chairman Trabue and had previously discussed the situation with Director Shawver. He thought the biggest problem would be in setting a precedence.

Chairman Trabue agreed. If there were no other opportunities available but if it could be accomplished by other means within the current zoning regulation that would be the best and most appropriate way to do it. The precedence setting is very much a concern.

Chairman Trabue asked about the Watts house that was south of the property (1 acre) tract, how long ago was it done? Mr. McConnell said it was done in the late 80’s. Chairman Trabue asked if it could have been accomplished as a family transfer? Mr. McConnell agreed.

Chairman Trabue asked staff if in A-1 you can transfer a parcel of ground to someone else that is less than 10 acres, it just can not be built on. Director Shawver agreed, it is not a buildable lot.

Member Kirkpatrick stated that planned residential could be done on 10 acres or more if you prefer with no exchange of money. Whatever portion of the 10 acres the application needs or wants then can be transferred back to anyone up to and including the current owner. Director Shawver showed three (3) A-1 planned residential developments. Each of which was a 10 acre tract originally. In a similar situation were split into two parcels, one a building site and the other retained for agriculture use.

Member Kirkpatrick had been a member of the Board having a couple of these types of request submitted and they have yet to approve one. Those were turned down because of the precedence.

Mr. McConnell stated this was not a request to build something, it was already in existence. Chairman Trabue understood what he was trying to accomplish. If there was no other way to accomplish this within the current zoning regulations to accomplish this, then it would be very appropriate to take a hard look at the request. But there were at least two other alternatives they have identified that at can accomplish what Ms. Semon wants with in the zoning regulations, his personal felling was to do that.

Member Rootes made and Member Kirkpatrick second motion to deny request by Pauline Semon for a variance from the 10 acre minimum lot size in the A-1 (Agriculture) zoning district for property located at 8660 N Rte J, Rocheport.

Linda Rootes yes Keith Kirkpatrick yes Tom Trabue yes

Motion was unanimous to deny. 3 yes

OLD BUSINESS

Review permit issued to Lloyd and Patricia Rowland for a second dwelling on

3 .0 acres located at 7702 W Hwy. 124, Harrisburg (issued August 1984).

Director Shawver gave staff report stating that the property is located approximately one (1) mile southeast of Harrisburg. There is a house and mobile home on this three (3) acre tract. Zoning on this property is A-2 as is all the surrounding property. In 1984, the applicants requested a variance for a second dwelling for their mother to place a mobile home on the property. The variance has been renewed every year until 1986 when it went on a two (2) year review. Their last review was in 1995. Staff notified 14 property owners.

Lloyd and Patricia Rowland, 7702 W Highway 124 Harrisburg, addressed the Board. They wanted to renew their permit.

Chairman Trabue asked if their mother was still living in the mobile home? Mr. Rowland said yes, she was.

Member Kirkpatrick asked if the situation had changed? Mr. Rowland said no.

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

Member Kirkpatrick made and Member Rootes second motion to approve a two (2) year continuance of the permit issued to Lloyd and Patricia Rowland for a second dwelling on 3 .0 acres located at 7702 W Hwy. 124, Harrisburg (issued August 1984).

Keith Kirkpatrick yes Linda Rootes yes Tom Trabue yes

Motion to approve was unanimous. 3 yes

 

 

Review permit issued to Chad and Kimberly Lebsock for a pre-1976 mobile

home on 6.0 acres located at 9401 E Davis Rd., Hallsville (issued October 1995).

Libsocks’ were not present. Moved to later in the agenda.

 

Review permit issued to Carl Todd for a pre-1976 mobile home on 3.34 acres, located at 3650 E Todd Rd., Columbia (issued October 1993).

Director Shawver gave staff report stating that this site is located approximately two (2) miles north of Columbia on Todd Road. The property is zoned A-2 as is all the surrounding property is zoned A-2. There is an old house and a pre 1976 mobile home on the property. The applicants appeared before the Board in October 1993 to request a permit for a pre-1976 mobile home. The existing house on the property is very small. Applicant wanted to use the house for storage and as a workshop and live in the mobile home. There was no opposition to the request when the permit was granted. The permit was reviewed in 1995 and extended for two (2) years. Staff notified 11 property owners.

Carol and Carolyn Todd, 3650 E Todd Road, Columbia came forward.

Chairman Trabue asked if the situation was the same. Mr. Todd said they bought a 1996 trailer. It was placed on the same spot as the older trailer. The older trailer was removed.

Chairman Trabue stated then there is no need to renew the variance.

 

Review Permit issued to B.F. Vanderpool for a pre-1976 mobile home on 5.86

acres, located at 9051 N Reams Rd., Centralia (issued October 1993).

Director Shawver gave staff report stating that the property was approximately seven (7) miles east of Hallsville. The property is zoned A-1 as is all the surrounding property. This is a 5.86 acre tract that was created prior to the adoption of County zoning regulations in 1973. In 1993, the applicant requested a conditional use permit to place a pre-1976 mobile home on the site. The County Commission forwarded the request to the Board of Adjustment for consideration. The Board granted a permit for a period of two years. The permit was renewed in 1995. This request is to renew permit for a pre-1976 mobile home on 5.86 acres. Staff notified 14 property owners.

Dell Vanderpool, 9051 N Reams Road, Centralia came forward. Chairman Trabue asked if the situation was the same? Mr. Vanderpool said yes. Chairman Trabue asked how was the property, was it in good shape? Mr. Vanderpool said yes. Chairman Trabue asked staff if there had been any complaints? Director Shawver said he did receive a complaint today. The caller advised there were some cars on the property. That complaint was forwarded on to the zoning enforcement staff. But we have not had a chance to go by the property. Director Shawver said that he had been by the property approximately a year ago and found the site fairly maintained.

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

Sharon Wiser, 9371 N Reams Road, Centralia addressed the Board. She said she lived right up the road from the site. She has 15 acres with a house on it. She did not object to the renewal but having her property for sale she had negative comments because of the cars and the "riffraff" around the trailer. Member Kirkpatrick asked how many vehicles? Ms. Wiser said 4 to 5 vehicles. She did not know if they disabled, "they never move".

Morton Mills, 8975 N Reams Road, Centralia, came forward. He said he had lived there since 1965. He took a lot of pride in his property. Mr. Burnett came down to talked and assured him the property would be kept clean. Since then trash gets cleaned up and then it goes back, he cleans up and it goes back.

Christi Chick, fiancée spoke up and it with the two small children it was hard to keep it clean but it was a lot worse before they moved in.

Mr. Vanderpool said that one of the vehicles is about to leave.

Closed to public hearing.

Member Kirkpatrick said what the neighbors have eluted to sounds like zoning violations. If their statements are accurate and your remarks, do not let things get that way. He was not adverse in renewing the variance but he thought for a shorter period of time. Member Kirkpatrick thought staff may need to determine if there are zoning violations. Chairman Trabue agreed.

As Member Kirkpatrick stated it is a zoning violation. Director Shawver continued that the permit granted was for a pre-1976 to be on the property. While the two (2) are related he was uncomfortable in tying the zoning violation with the variance. It is a privilege to have a pre-1976 but the vehicles is a separate issue.

Member Kirkpatrick made and Member Rootes seconded a motion to approve a two (2) year continuance of the permit issued to B.F. Vanderpool for a pre-1976 mobile home on 5.86 acres, located at 9051 N Reams Rd., Centralia (issued October 1993).

Keith Kirkpatrick yes Linda Rootes yes Tom Trabue yes

Motion was unanimous for approval. 3 yes

 

Review permit issued to C. Russell Martin for a pre-1976 mobile home on

15.22 acres located at 10751 N Flynt Ln., Hallsville (issued October 1995).

Director Shawver advised that the Martins never placed their pre-1976, in fact they place a 1978 trailer. This was the first review since the variance was granted in 1995.

 

Review permit issued to Chad and Kimberly Lebsock for a pre-1976 mobile

home on 6.0 acres located at 9401 E Davis Rd., Hallsville (issued October 1995).

Applicant was not present for this review.

Member Kirkpatrick made and Member Trabue seconded motion to table renewal of Chad and Kimberly Lebsock until the next Board of Adjustment meeting.

Motion passed by acclimation.


It was noted that today was proclaimed as "Keith Kirkpatrick Day" by the County Commission.

 

ADJOURN

Being no further business, the meeting was adjourned at 7:55 p.m.

Respectfully Submitted

 

 

 

M. Noel Boyt

Secretary

 

Minutes approved the 8th of January, 1998.