BOONE COUNTY BOARD OF ADJUSTMENT
BOONE COUNTY GOVERNMENT CENTER
801 E. WALNUT ST., COLUMBIA, MO.
Thursday, June 25, 1998
Chairperson Trabue, called the meeting to order at 7:00 p.m. in the Boone County Chambers having a quorum present.
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 that are considered to be part of the record of the proceedings.
Roll call was taken:
Present: Tom Trabue, Chairperson
Linda Rootes, Vice Chairperson
Absent: One vacancy not appointed
Also present: Stan Shawver, Director
Noel Boyt, Secretary
Thad Yonke, Staff
Bill Florea, Staff
Member Keil made and Member Rootes seconded a motion to approve the minutes of May 28, 1998,
meeting with no corrections.
Motion passed by acclimation.
Request by Ronald F. and Christine Powell to allow a pre-1976
mobile home to be placed for a period of two years on 10.0 acres
located at 10801 Flynt Ln., Hallsville.
Director Shawver gave staff report stating that the property was located approximately 2.5 miles southeast of Hallsville. The property is zoned A-2 (Agriculture) as is all the surrounding property. The ten (10) acres currently has a single family dwelling, the applicants are making a request to place a mobile home on the property that would constitute a second dwelling. The mobile home they proposed is a pre-1976 mobile home as well. Pictures of the mobile home were submitted and given to the members to review. There have been no previous requests submitted on behalf of the property.
There are two (2) variances involved in the request. 1) The mobile home proposed to be placed on this property is a pre-1976 unit. 2) Section 4.A.5. of the zoning regulations restricts a lot to one dwelling. Staff notified 17 property owners.
As Chairman stated, all decisions are to be based on the Zoning Regulations, Subdivision Regulations and the by-laws and are hereby entered into the record for this meeting.
Mr. Ronald Powell, 10801 Flynt Lane, Hallsville addressed the Board. Kenny Powell, son also came forward to address the Board. Mr. Powell said his son wanted to attend Moberly College. He had been out of school for about a year trying to save money. Mr. Powell said their dwelling is too small for him to stay with them. They thought they could place a mobile home on the property for a two- (2) year period for Kenny to go to school. This would help defer their expenses and his considerably.
Open to the public. No one spoke in favor or opposition to the request.
Member Keil asked Kenny Powell where he was living presently. He said he had moved back in with his parents in the living room. Member Keil advised that if request was approved, the variance was only for two (2) years and the mobile home would have to be removed. Mr. Powell agreed and said that was their intention.
Chairman Trabue wanted the Powells’ to be aware of the concerns of a pre-1976 being aluminum wiring, electrical wiring, and in a number of the older mobile homes the windows are too small to be an adequate egress for emergency. Mr. Powell said he was a mechanic at 3M and he went through the mobile home before they purchased it. He was aware of the safety issues and would make modifications to be able to get out in case of fire.
Member Rootes asked staff if the mobile home had been moved to the location yet. Mr. Powell said it had not been moved to the property. Member Rootes asked if the wastewater would be addressed at the time of the building permit? Director Shawver stated that if the Board grants the variance then the Powell’s would be able to submit an application for a mobile home permit and we would process an on site wastewater permit through Environmental Health and they in turn would go out and determine if a wastewater system could be placed on the property.
Member Rootes said this was an unusual request for a hardship for a second residence but she understood and the fact that the family was trying to help someone go to school, she felt it would be a supportive environment and she would like to facilitate that activity.
Member Keil asked if Mr. Powell was just out of High School? He stated he had graduated in 1996 and had moved back with his parents because his lease was up.
Member Kaufman was concerned that the safety issue for a pre-1976 was not being dealt with. Director Shawver stated the Board of Adjustment had amended the application to acknowledge that applicants are asking for a pre-1976 and they understand the safety concerns. We have tried to remove the liability from the board. The Board wants the applicant aware of the potential safety problem; it is the applicants’ responsibility to make the pre-76 trailers safe.
Member Rootes made and Member Keil seconded motion to APPROVE request by Ronald F. and Christine Powell to:
1) Allow a pre-1976 mobile home
2) Allow a second dwelling for a period of two years on 10.0 acres
located at 10801 Flynt Ln., Hallsville.
Member Keil asked Director Shawver if he and received any phone or mail comments from the neighbors? Director Shawver stated none had been received.
Linda Rootes yes Norma Keil yes
Jerry Kaufman yes Tom Trabue yes
Motion to approve request was unanimous. 4 yes
Request by Thornbrook Development, Inc. for a variance from the
centerline curve radius for a collector street and to allow a tangent
of less than 200 feet between curves on property located at
5800 S Scott’s Blvd., Columbia.
Director Shawver gave staff report stating that this was a request for a variance from the Subdivision Regulations. Thornbrook Development, Inc. owned property on Scott's Blvd. near the intersection of Scott’s Blvd. and Rte KK. Approximately one and a half-mile southwest of the Columbia City limits. The property is zone A-R and PRD. The property to the east, west and south is A-1 and the property to the north is zoned A-2. The is property has been rezoned recently in February 1998 when the County Commission heard a request for Planned Residential Development and rezoning that was approved. As part of the subdivision development the applicants are requesting that a collector street be allowed to have a minimum centerline curve radius of less than the required 575’ ft. and have less than 200’ ft of tangent between curves. Those are requirements of the Subdivision Requirements, Appendix B, Section 2.3 specifies that a collector have a minimum centerline curve radius of 575’ ft and a tangent of 200’ between curves.
Staff provided the members with a department recommendation. Staff did not see where there was any unreasonable or unnecessary hardship if this variance is not granted, but granting the variance would not endanger health, safety or welfare of the public and would not thwart the general intent of the regulations. This request fails to satisfy part a) of the regulatory criteria cited in Section 1.9.2 of the Subdivision Regulations, but does satisfy part b) and c). Staff did consult with Public Works Department, and a memo was received from Mr. Abart, Director. His staff review recommended the curve centerline radius be granted allowing a curve radius of 307 feet and that the tangent length be reduced. Based on their support of it, staff recommends approval. Staff notified 46 property owners
Bill Crockett, Crockett Engineering, 2608 N Stadium Blvd., Columbia addressed the Commission on behalf of Thornbrook Development. He stated that the staff report and Public Works response was as he understood. A few weeks ago the Preliminary Plat was approved with a condition that Thornbrook Terrace would be designed as a collector street. Thornbrook Development consists of 274 lots. The developer is to have a traffic engineer determine what the traffic impact will be on the adjoining county roads and within the subdivision. The traffic engineer out of St. Louis said that the geometric design would be adequate for this street. County Public Works retained the services of a traffic engineer out of Kansas City. In his report their engineer concurred with our engineer except for this one item of Thornbrook Terrace.
The recommendation by the Kansas City engineering firm was that Thornbrook Terrace is constructed to a collector’s standard, but it would be constructed to a collector’s width.
Geometric of a collectors’ standard:
As soon as this was noticed, Mr. Crockett spoke with the County Public Works staff and they concurred that they were concerned with the width of the street and not so much with the radius or the tangents.
Mr. Crockett handed out a plan view map of the streets for the members to follow.
Curve No. 1 has a radius of 573 ft. that is in compliance with collector’s standards. Since it starts at an intersection the 200’ tangent does not apply. Curve No. 2 has a radius of 738 feet. That curve has a minimum width of 22 ft. which is for one lane traffic which is more than half of the 38 ft. Curve No. 3 (requested variance) has a radius of 307 ft. this is less than the 573 ft. And requesting variances for the tangent lengths of all three (3) locations having less than 200 ft. recommended length.
Normally a collector’s streets have a greater speed limit and want to have better control entering and leaving. This is the initial and primary entrance to the subdivision, and they do not desire increase in traffic. The incoming traffic both lanes have a minimum of 22 ft. as approaching the intersection of Scotts Blvd. it would be widen to 24 ft. To create a left hand turn or right hand turns lane.
Open to public hearing. No one spoke in favor or opposition to the request. Closed to public hearing.
Chairman Tom Trabue said the request met the intent of the regulations, it is supported by the Public Works Department and if Public Works was willing to accept it for maintenance in the future, then he supported the request.
Member Rootes said she would like to have seen 4 ft sidewalks or even wider sidewalks. Mr. Crockett said there would be sidewalks through out the entire subdivision. Member Rootes said she would lean more towards a connect down where it forces people into one lane going to really slow them down. Mr. Crockett stated that when the subdivision is fully developed there could be as many as 1300 vehicles in and out of that intersection per day.
Motion made by Member Keil and seconded by Member Kaufman to APPROVE request by Thornbrook Development, Inc. for a variance from the centerline curve radius for a collector street and to allow a tangent of less than 200 feet between curves on property located at 5800 S Scott’s Blvd., Columbia.
Norma Keil yes Jerry Kaufman yes
Tom Trabue yes Linda Rootes yes
Motion to approve variance was unanimous. 4 yes
Review permit issued to David L. Sallee to place a pre-1976 mobile
home on .84 acres located at 3350 E Mt. Zion Church Rd., Hallsville (granted 6/96).
Director Shawver gave staff report stating that the property was located 3-˝ miles southwest of Hallsville on Mt. Zion Church Road, west of State Highway B. The 8.84 acres is zoned A-2 (Agriculture) as is all the surrounding property. Their mobile home is on the property and in June 1996 the applicant received a variance to allow a pre-1976 mobile home to be placed on the property. The two years has expired and the variance is ready to be renewed. Staff notified 3 property owners.
Director Shawver pointed out that in the last year or two, if the pre-1976 mobile home had not received any complaints the Board had often removed the requirement for additional reviews.
David Sallee, 3300 E Mt. Zion Church Road came forward. Other than a leaky roof and the handle broken the toilet things would go pretty good. Mr. Sallee asked if he could receive a permanent variance. He had planned two years ago to build out there. Up to today he did not have the money to, for a number of reasons. He has been collecting red oak lumber by demolishing other houses. He does not want the pressure and stress to have the variance with another timetable.
Open to the public. No one spoke in favor or opposition to the request. Closed to public hearing.
Chairman Trabue asked staff if any complaints had come in? Director Shawver said no complaints had been received.
Member Keil said she understood that the variance was permission to place the trailer on the land because it is a pre-1976.
Member Rootes asked where his in-laws were moving to, was it on his property? Mr. Sallee stated they had their own property just down from him. All of them had approximately 8 acres each.
Member Rootes made and Member Trabue seconded the motion to approve the permit issued to David L. Sallee to place a pre-1976 mobile home on 8.84 acres located at 3350 E Mt. Zion Church Rd., Hallsville on a permanent basis (granted 6/96).
Linda Rootes yes Tom Trabue yes
Norma Keil no Jerry Kaufman yes
Motion to approve variance was approved. 3 yes 1 no
Review permit issued to Ronald Vaughan for a mobile home as a
second dwelling located at 5931 N Hwy VV, Columbia (granted 4/86).
Director Shawver gave staff report stating that the property consists of .45 acres is zoned R-S (Single Family Residential) as is all the surrounding property is R-S. It is located 1.5 miles north of Columbia on Rte. VV. There is a house on the property and the mobile home was added under this request. Prior to 1986 there were two house on Mr. Vaughan’s property. A fire destroyed one. Mr. Vaughan applied for a variance to replaced the home with a mobile home. It has been reviewed every two (2) years with the last review was conducted June of 1996. Mr. Vaughan would like to have this variance renewed. Staff notified 13 property owners of this request. Director Shawver advised no complaints have been received regarding this variance.
Ronald Vaughan, 5931 N Hwy. VV, addressed the Board. Mr. Vaughan said everything was the same.
Open to the public. No one spoke in favor or opposition to the variance.
Chairman Tom Trabue was inclined that if everything were going ok, he would be in favor of renewing the request.
Member Keil stated it was not a reason for denial but she had a problem with a variance going on and on.
Member Rootes asked if the second dwelling was there because Mr. Vaughan needed help mowing. Mr. Vaughan said he had been knocked 70 feet by a car and could not take care of the property. Member Rootes said people are lucky when they have family members who are willing to live next door to them.
Member Rootes said that because the situation had not changed, no complaints, it may be dragging out for a long time but situations are not for ever and this variance will come to an end, she saw no reason to change it at this point. She wanted to renew the permit.
Member Rootes made and Member Keil seconded motion to approve the renewal of a permit issued to Ronald Vaughan for a mobile home as a second dwelling located at 5931 N Hwy VV, Columbia (granted 4/86) for an additional two (2) years.
Linda Rootes yes Norma Keil yes
Jerry Kaufman yes Tom Trabue yes
Motion to renew permit for 2 yr. was unanimous. 4 yes
Review permit issued to 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 (granted 6/96).
Director Shawver gave staff report stating that this property is zoned A-2 (Agriculture). Adjacent zoning is A-2 (Agriculture) to the north, east and west, to the south the zoning is R-M (Moderate Density Residential). This 1.74 acres is located 3 ˝ miles northeast of Columbia. It is near the intersection of Murry on State Highway HH. There is an old house on the property. In June, 1996 the Hendren’s came before the board to allow them to put a modular on the property behind the house. Use the house for storage only and eventually to tare down. The board granted the variance with the stipulation that if the house were torn down before the two years, they would notify staff. The house has not been torn down. Staff notified 12 property owners.
Janet Hendren, 10119 E Hwy HH, Hallsville approached the Board. She said the house is still vacant. She said she would love to have the house gone but when the land was purchased the house was part of it so the land has to be paid off before the house is gone. She anticipated the land being paid off in 17 months.
Chairman Tom Trabue noted that no one else was in the audience to be either in favor or opposition to the renewal.
Ms. Hendren stated that because of legal expenses in getting custody of her granddaughter the double house payments could not be made. Just with single payments continuing, the payoff would be in approximately 17 months and the house would be removed.
Member Keil made and Member Kaufman seconded a motion to approve the renewal of a permit issued to 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 (granted 6/96) for an additional two (2) years.
Norma Keil yes Jerry Kaufman yes
Tom Trabue yes Linda Rootes yes
Motion was approved for a 2 yr. renewal was unanimous. 4 yes
Being no further business the meeting was adjourned at 7:53 p.m.
Minutes approved 22nd of October 1998.