BOONE COUNTY BOARD OF ADJUSTMENT

BOONE COUNTY GOVERNMENT CENTER

801 E. WALNUT ST., COLUMBIA, MO.

Thursday, January 22, 1998

 

Chairperson Trabue, called the meeting to order at 7:14 p.m. in the Boone County Chambers having a quorum present.

Present: Tom Trabue, Chairperson

Linda Rootes, Vice Chairperson

Keith Kirkpatrick

Absent: Jerry Kaufman

Norma Keil

Also present: Stan Shawver, Director Bill Florea, Staff

Noel Boyt, Secretary

Member Kirkpatrick made and Member Rootes seconded a motion to approve the minutes of January 8, 1998, meeting with no corrections.

Motion passed by acclimation.

Chairperson Trabue 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 Robert L. Perkins for a mobile home as a second dwelling for a

family member on 4.0 acres located at 3900 W Dothage Rd., Columbia.

Director Shawver gave staff report stating that this property is located on West Dothage Road approximately four (4) miles southwest of Columbia. The property is zoned A-1 ( Agriculture) as well as all the surrounding property is zoned A-1. There is a residence on the property. The applicants are asking for a permit to place a new mobile home on property to assist their mother. The original zoning on the property is A-1 and no request has ever been received to rezone. Staff notified five (5) property owners of the request. Three letters of support had been received from Robert L. Sapp, W.B. Smith, Jr, and one from Jimmy Perkins.

Robert Lee Perkins, 8700 South Warren School Rd, Columbia addressed the Board. He wanted to place a new mobile home on the property to take care of his mother. She is 70 and it may get to the point where she can not take care of herself. She is very forgetful and he wanted to be close to help.

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

Member Kirkpatrick asked the following questions of Mr. Perkins. If there was only one dwelling on the property? Mr. Perkins said yes his mother lived in an older house. The mobile home was for him and his wife. Member Kirkpatrick asked if the wastewater would be able to be taken care of? Mr. Perkins said he thought a lagoon could be placed but had not gone to Environmental Services yet. Member Kirkpatrick asked if he was aware that if the approval was granted, it would be on a review bases and/or if the situations changes he may return . Mr. Perkins said he understood.

Member Kirkpatrick said it sounded like a typical hardship request.

Member Rootes said in light of the support of the neighbors, and Mr. Perkins will be looking into the wastewater she moved to grant variance for two years.

Member Rootes made and Member Kirkpatrick second motion to approve request by Robert L. Perkins for a mobile home as a second dwelling for a family member on 4.0 acres located at 3900 W Dothage Rd., Columbia, for a two year review.

Linda Rootes yes Keith Kirkpatrick yes Tom Trabue yes

Motion was approved unanimously. 3 yes

 

Request by Boone County Public Works Dept. on behalf of Donald G. Sanders

to allow creation of 9.5 acre tract in an A-1 (Agriculture) district, located at the

northwest corner of Walnut Grove Ln. and State Highway J.

Director Shawver gave staff report stating that this site is approximately three and a half (3 1/2) miles northeast of Rocheport. The property is zoned A-1 (Agriculture) as is all the surrounding property.

This is at the northwest corner of State Highway J and Walnut Grove Lane. Variance from Section

11. A., Zoning ordinance of Boone County. The property is currently vacant. This part of a twenty (20) acre survey, consisting of two 10 acre tracts. The Boone County proposed a road improvement that would relocate Walnut Grove Lane to the top of a rise to improve visibility. Consequence of relocating the road the lot will be pealing off one of the lots to a little less than 10 acres as required by the A-1 zoning district. This is the original zoning for the area and no previous requests. Staff notified 16 property owners.

Frank Abart, Director of Boone County Public Works, 5551 Hwy. 63 South, Columbia and David Piest also of Boone County Public Works approached the Board. Mr. Abart stated there was a severe safety problem at the intersection of State Highway J and Walnut Grove Lane for several years. With the increase of traffic in the area it has compounded the problem. The property owners who are present approached Public Works to move the intersection to the north. An agreement was reached with the owner that if they donated the property and do the earthwork then Public Works would pay for the rock and establish the roadway. He said the owners were concerned about loosing the benefits related to a ten (10) acre tract. Mr. Abart felt it was in the public interest to pursue the safety improvement and agreed to carry it to the Board of Adjustment.

Open to the public.

Don Sanders and Sanders , 10550 Walnut Grove, Rocheport approached the Board. He stated he and his wife lived there on Walnut Grove along with five (5) other single family homes. He stated there was also a lot of farm machinery in and out. The exit of Walnut Grove on Hwy. J is approximately 100’ south of a hill top that has caused accidents and potential to cause more. When they pull out they can not see vehicles coming. They open their window to possibly hear vehicles coming while at night they look for headlights. His father was hit a few years ago, his brother-in-law had a vary narrow escape a month ago. They offered to donate the land to move the road and offered to do the dirt work if Public Works would supply the rock.

No one spoke in opposition.

Closed to public hearing.

Chairman Trabue said that in his past experience that anytime a road change or a government supported change that effected the size of property, generally we have supported that either through the Board of Adjustment or the Planning and Zoning Commission. He stated he was in favor of the request. It was a road issue to be corrected.

Member Kirkpatrick said it certainly was a public safety issue. It was a type of request where it was a win win situation for everybody. Anytime to take advantage of cooperation of property owner and the county together and agreements have been worked out ahead of time he could not imagine not supporting it, having said that he made motion.

Member Kirkpatrick made and Member Rootes second motion to approve request by Boone County Public Works Dept. on behalf of Donald G. Sanders to allow creation of 9.5 acre tract in an A-1 (Agriculture) district, located at the northwest corner of Walnut Grove Ln. and State Highway J.

Keith Kirkpatrick yes Linda Rootes yes Tom Trabue yes

Motion to approve was unanimous. 3 yes

 

 

OLD BUSINESS

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).

Director Shawver gave staff report stating that the property is approximately one and a half (1 1/2) miles north of the Hallsville city limits. It is on the north side of Davis Road and approximately half of mile east of intersection of Highway 124 and Davis Road. The property is zoned A-2 (Agriculture). The property to the northeast and west is zoned A-2, and the property south is zoned A-1.

This property contains a pre-1976 mobile home. There had been a 1991 mobile home on the property and was removed. The Lebsock’s placed a 1973 mobile home after receiving a variance from the Board of Adjustment 1995. The Lebsock’s are requesting a renewal of the permit for a pre-1976 mobile home.

Chad and Kimberly Lebsock, 9401 E Davis Road., Hallsville came forward. He requested a renewal of the variance for a pre-1976 mobile home.

No one spoke in favor or opposition to the request.

Closed to public hearing.

Member Kirkpatrick asked staff when approved in 1995 was it on a renewal? Director Shawver stated that the Board may place it on a review for the first time. If there are no complaints then the Board may or may not extend the permit.

Member Kirkpatrick asked how recent were the pictures in the file. Director Shawver stated they were from the application before it was on the site. Director Shawver stated he had driven by the site last week and the property was very well maintained. Director Shawver wanted to note that when notices were sent out to the neighbors, we did not receive any complaints.

Member Kirkpatrick made and Member Rootes second motion to approve renewal of 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) with no further review.

Keith Kirkpatrick yes Linda Rootes yes Tom Trabue yes

Motion to approve was unanimous. 3 yes

 

OLD BUSINESS

Being no further business, meeting was adjourned at 7:35 p.m.

Respectfully Submitted,

 

 

 

 

M. Noel Boyt

Secretary

 

Minutes approved of 1998.