BOONE COUNTY BOARD OF ADJUSTMENT

BOONE COUNTY GOVERNMENT CENTER

801 E. WALNUT ST., COLUMBIA, MO.

7:00 P.M. Thursday, January 7, 1999

 

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

Present: Tom Trabue, Chairperson

Linda Rootes, Vice Chairperson

Larry Bossaller

Absent: Norma Keil

Jerry Kaufman

Also present: Stan Shawver, Director

Thad Yonke, Staff

Noel Boyt, Secretary

 

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 Marilyn J. Hudnell to allow a pre-1976 mobile home as a third

dwelling for a family member on 20 acres located at 1350 W. Simms Road, Sturgeon.

Director Shawver gave staff report stating that the property was located approximately 10 miles north of Columbia and 8 miles southwest of Sturgeon. It is at the dead end of Simms Road. There are two dwelling on the tract of land. The zoning on the property is A-2 and all the surrounding property is zoned A-2. This request is to allow a pre-1976 mobile home on the property and a third dwelling on a tract of land. Staff had discussed with Ms. Hudnell about doing a family transfer to her son. However it does not change the fact that the home would be a pre-1976 mobile home. Even if this were a separate tract of ground, the pre-1976 mobile home request would be before the board. Pictures of the mobile home were submitted and before the Board members for review. Staff notified 16 property owners of this request. A couple of calls have been received in support of the request.

Marilyn J. Hudnell, owner resident at 1350 W. Simms Road, Sturgeon addressed the Board. She said she had a great deal of respect for Planning and Zoning. She stated her tract of land was at a dead end road. The road frontage is such she could use her son to help with the upkeep. He has a young family and would be an opportunity to them to have a home – at home. I would not be a detriment to anyone. She has respect for all the requirements Planning and Zoning has. She was requesting to be allowed the option of enjoying a family homestead type of setting.

Open to the public.

Brian Pemberton, 148871 N Oak Grove School Road, Harrisburg spoke from the audience. He said he did not live very far away and was in favor of the request.

No one spoke in opposition to the request.

Ms. Hudnell re-addressed the Board. She said she wished she knew what the Board Members would like to hear. It was a new experience to make a request. She had owned the property for 35 years. There were a lot of times when it was not easy to live there but it was home. She had worked real hard to have some thing for her children to inherit.

Closed to public hearing.

Chairman Trabue said there were two issues before the Board. One being the pre-1976 mobile home (1971) and the second issue being the third dwelling on the tract of land.

Chairman Trabue asked about the reference to the family transfer. Ms. Hudnell said it is not out of the question. The question was why give him the 2.5 acre tract if he can not place the 1971 mobile home on the property? She stated that unless her son could place the older mobile home why go through the trouble and give him the land. It would not be of any use to him. As far as the 1971 mobile home, it is very nice and well maintained and it even has sheetrocked inside.

Member Rootes asked where the mobile home located currently. Ms. Hudnell said it is parked on her tract of land with the wheels and tongue still attached. Member Rootes asked if the pictures were taken on her property? Ms. Hudnell said yes.

Member Rootes asked for information regarding the other two dwellings? Ms. Hudnell said she lived there in a double wide located on the property and her daughter lived in a single wide also located on the property. She said she had a great deal of frontage so consequently the dwellings are not close together. Each dwelling would look like they each had their own little piece of the world. Ms. Hudnell added that the road is on the north side of the property.

Chairman Trabue said some of the concerns regarding the pre-1976 mobile homes and why before the Board for variances are the concerns regarding the wiring. Ms. Hudnell said it was copper, they had checked for the hearing.

Member Rootes asked who many exits were out of the trailer. Ms. Hudnell advised two (2) a door on each side.

Member Bossaller asked if there had been any modifications to the trailer at all? Ms. Hudnell advised that it is comprised of sheet rock not with the normal wood paneling. The exterior she would like to see painted of course but is very sturdy and very sound. This trailer is in much better shape than the one refurbished for her daughter when it was purchased prior to her daughter living in it.

Member Rootes made and Member Bossaller seconded a motion to approve request by Marilyn J Hudnell to allow a pre-1976 mobile home located at 1350 W Simms Rd., Sturgeon.

Linda Rootes yes Larry Bossaller yes Tom Trabue yes

Member Bossaller and Member Rootes seconded a motion to approve request by Marilyn J Hudnell for a third dwelling for a family member on 20 acres located at 1350 W Simms Rd., Sturgeon

Member Rootes asked if there was any hardship to this request? Were there grounds to grant this variance? Chairman Trabue said that was where his concerns were. He did not feel there were ground for this variance. He believed that if a family transfer or subdivision could divide the property, then that would be the appropriate method. It would not fall in their hardship category.

Member Rootes agreed with Chairman Trabue and asked if her motion should be with drawn. Chairman Trabue said he liked to have to motion on the table.

Larry Bossaller yes Linda Rootes no Tom Trabue no

Motion to approve 3rd dwelling did not pass. 1 yes 2 no

 

Member Rootes and Member Bossaller seconded a motion to deny request by Marilyn J Hudnell for a third dwelling for a family member on 20 acres located at 1350 W Simms Rd., Sturgeon.

Director Shawver advised 3 votes were necessary to carry. Record was to show that since the pre-1976 was approved and can be on the property. Then Ms. Hudnell can follow through with the family transfer and deed over to son at least 2.5 acres. They will have a permanent variance for the pre-1976.

Linda Rootes yes Larry Bossaller yes Tom Trabue yes

Motion to deny 3rd dwelling. 3 yes

 

* * *

Request by William and Stacy Lewis for a variance from the front setback of 50 ft

as required in the A-2 zoning district by Section 10 A. of the Boone County Zoning

Regulations. Site is located at 6001 N. Liddell Lane, Columbia

Director Shawver gave staff report stating that the property is located 2 ¼ miles east of Columbia. The property is zoned A-2 (Agriculture). Property to the east on the other side of Laddell Lane is zoned A-1 (Agriculture), property to the south is zoned A-2, to the west is zoned A-2, and to the north is zoned A-2. The property had been vacant. A modular home has been placed on the property. In 1991, the property the zoning was changed to A-2. The property was platted as TMP Subdivision in August 1998. Survey markers were set at that time. Building permits for a garage and a modular home were issued in October 1998. Both applications indicated that the structures would comply with the required setback of 50’ feet. Additionally, the recorded plat indicates a 50’ building line. The requested variance is to build within the setback specified in Section 10 A. of the Zoning Regulations which requires a 50’ front setback in the A-2 zoning district. Staff notified 10 property owners concerning this request.

William Lewis and Stacy Lewis, owners at 6001 N Liddell Lane, Columbia came forward. He said they started the project in August, 1998 hoping to buying a manufactured home they would be moving in approximately 3 months from its arrival. They moved in the home Thanksgiving Day. He said they had several stresses to get it accomplished. Mr. Lewis spoke to his neighbor to the south about an easement in the rear to have more room for the lagoon but the neighbor wanted to place a garage and refused the request. In working with the original plat he could not work out the lagoon and the 3 ft. on the outside and have the water capacity for the lagoon. That needed to be redone. The neighbor to the north granted an easement. The built a square lagoon closer to their property by five (5) ft. Problems with the telephone company, problems with the power needing new lines and taking again more time. Water District No. 1 went through the back of the lot but they were on Water District No. 9. Water District No. 1 said they could be hooked up in one day but Water District No 9 refused to allow that district to service them. Then Water District No 9 took a month to hook them up.

Human error he said was his last problem. He did not realize the easement for the power lines would do to the lot. With the 150’ easement made problems for the lagoon and setbacks for the structure. He measured off the center of the road and Health Department approved the their setbacks. When the Building Inspectors came out for the piers it was approved and Mr. Lewis thought everything was correct. Mr. Lewis stated that if he had to move the garage back the necessary couple of feet as needed, he would ruin the value of his property because there are windows where the front of the garage meet. The home is with a concrete perimeter all the way around it and at this point in time, did not want/could not move it back to fulfill the setbacks. They were trying to turn the manufacture home and apply for a real-estate loan.

He asked for forgiveness for his ignorance. He had it inspected by everybody and thought it was all correct.

Open to the public.

Marilyn J. Hudnell, 1350 W Simms Rd., Sturgeon stated she was in favor of the request.

Larry Brown, N. Rte Z, Centralia spoke from the audience. He said he knew Steve Miller and if it was ok with him, it was ok with Mr. Brown.

Chairman Trabue asked Mr. Lewis if the Miller’s were the property owners to the north. Mr. Lewis agreed and said yes.

No one spoke to opposition to the request.

Mr. Lewis said from what was read in the staff report it did not sound like he fell into an unbuildable lot. Other than the 150’ easement of the power lines right through the middle of the property and the restrictions on that. He felt they fell in to the financial strain to have the variance approved.

Closed to public hearing.

Chairman Trabue asked how many feet off the property is the house and garage? Mr. Lewis said the survey for the bank says the mobile home will be 26.7 feet from the road easement.

Member Rootes said then the house would have to be moved back over 24 feet back to meet the 50’ set.

Chairman Trabue asked Director Shawver what would be the requirement be to meet the lagoon requirements. Director Shawver said the Health Department requirement states that the lagoon has to be at least 100’ from the dwelling it serves.

Chairman Trabue said when he went out to look at site, he was very concerned. He was aware of the easement requirements but seeing drawing and the utility easement it shows the difficulty with the site.

Member Rootes asked how many lots were in the subdivision? Director Shawver stated two (2). The Miller property is off the original property even though it was platted as a separate subdivision. Essentially there are three lots side by side.

Chairman Trabue said he was a little torn. All of the surveys are very recent in the last 5-6 months. The markers are very clear out there. The home is pretty close to the road. He believed the setbacks for the lagoon to be equally important. It is a difficult site in that regard.

Member Rootes asked about the land across the road. Director Shawver said it had been divided up into 10 acre tracts.

Member Rootes asked Director Shawver asked his remarks if the property could be rezoned that would allow the smaller setbacks? Director Shawver said any rezoning would constitute a spot zoning and the staff could not support any such zoning. When this was rezoned from A-1 to A-2 the land to the west is zoned A-2 with a range line that divided the A-1 from the A-2. Liddell Lane takes a jog there and there are two pieces of property that were zoned A-1. Both requested to rezone to A-2. He did not feel it would be reasonable to make it R-S zoning. Rezoning would not be an option at all.

Member Rootes stated she had no interest in causing a financial hardship for a young family. It is an isolated area at this time with diversity of properties around it that may develop in different ways. Unless there is a health or safety issue with having the house that close to the road, which has not been raised, she would be ok with the variance.

Chairman Trabue said one suggestion as a possibility if the variance were approved would be that it only applies to this structure being modular home and garage. And any future structure would be subject to the setback regulations.

Member Rootes made and Member Bossaller seconded a motion to approve request by William and Stacy Lewis for a variance form the front setback of 50 feet as required in the A-2 zoning district by Section 10. A. of the Boone County Zoning Regulations. Site is located at 6001 N Liddell Lane, Columbia for present modular home and the present garage only.

Linda Rootes yes Larry Bossaller yes Tom Trabue yes

Motion to approve variance was unanimous. 3 yes

 

 

OLD BUSINESS

 

Review permit issued to Bryan and Melissa Pemberton for a mobile home as a second

dwelling on 9.48 acres located at 14871 N. Oak Grove School Road, Harrisburg

(first granted 9/96).

Director Shawver stated that this property is located approximately three (3) miles east of Harrisburg, just north of Highway 124 on Oak Grove School Road. There was an existing house on this property. The request was made in September, 1996 to add a mobile home as a second dwelling for the applicant’s grandparents to live on. The mobile home was a 1997 mobile home. The variance was approved with the stipulation of a two (2) year review. This is a request to review the request as needed. Staff notified 22 property owners.

Brian Pemberton and Melissa Pemberton, 14871 N Oak Grove School Road, Harrisburg came forward. He stated his grandfather had passed a way but they still needed the variance for the grandmother who still resides in the mobile home. The grandmother has had knee replacement surgery this last year and needs assistance.

Chairman Trabue asked if staff had received any comments. Director Shawver said no phone calls or letters had been received concerning this request.

Chairman Trabue said he remembered the request and thought it was extremely valid. He would entertain a motion to renew the variance for an additional two years.

Member Rootes made and Member Bossaller seconded a motion to renew permit issued to Bryan and Melissa Pemberton for a mobile home as a second dwelling on 9.48 acres located at 14871 N Oak Grove School Rd., Harrisburg (first granted 9/96) with a two (2) rear renewal.

Linda Rootes yes Larry Bossaller yes Tom Trabue yes

 

* * *

Review permit issued to Larry E. Brown for a mobile home as a second dwelling on

10 acres located at 8650 N Rte Z, Centralia (first granted 9/96).

Director Shawver gave staff report stating that the property was located at approximately five (5) miles northeast of Columbia and 11 miles south of Centralia. Zoning is A-1 (Agriculture) as is all the adjacent property is A-1 as well. It is a ten (10) acre tract with an existing house on the property. The request was to add mobile home as a second dwelling for the applicant’s half-sister. The applicants are asking for a renewal of the variance first granted September, 1996. Staff notified 13 property owners.

Larry Brown, owner located at 8650 N Rte Z came forward along with his half-sister Rebecca McNeally 8660 N Rte Z., Centralia who lives in the mobile home.

Chairman Trabue asked if there were any changes. Mr. Brown said yes, his sister had another baby.

Chairman Trabue said in reviewing the minutes, the variance was granted because of a medical hardship. Ms. McNeally said yes, she had dislocated he knee several years ago. Mr. Brown said she is 100% disabled. Ms. McNeally said her brother and sister-in-law help take care of the kids, and help her through out the day. She is not able to work and on a fixed income. She could not afford to move anywhere else or afford to pay anyone to help her. Her children are 7, 5, 3 and 1 ½ year old. Her son has a learning problem and gets disability.

Mr. Brown said they went to great expense to go by regulations on the lagoon and setting up the trailer. He said her sister is on a fixed income and would not be able to move anywhere or go anywhere else.

Chairman Trabue asked Director Shawver if there had been any complaints. Director Shawver advised no.

Member Rootes said that the hardship existed two years ago and it still exists, she moved that the variance be renewed.

Member Rootes made and Member Bossaller seconded a motion to renew permit issued to Larry E. Brown for a mobile home as a second dwelling on 10 acres located at 8650 N Rte Z, Centralia (first granted 9/96) with a two (2) year renewal.

Linda Rootes yes Larry Bossaller yes Tom Trabue yes

 

* * *

Review permit issued to Charles Wilson for a mobile home as a second dwelling

located at 6205 N. Wagon Trail Rd (first granted 4/86).

Director Shawver gave staff report stating that the property was located just north of Columbia on Wagon Trail Road. Property is zoned R-M (Moderate Density Residential) as is all the surrounding property. There is an existing house on the property. In 1986 a request was made to allow a mobile home to be placed for Mr. Wilson’s mother to live in. The request has been renewed every two (2) years. There is a total of 1.22 acres on this tract. Request has been made to renew the variance. Staff notified 18 property owners with no comments were received

Charles Wilson, 6220 N. Wagon Trail Road addressed the Board. He stated the mobile home was for his mother to live in. He stated he probably saved her live a couple of time this last couple of years. They were handy to be able to take her to the hospital.

Open to the public.

Mrs. Charles Wilson, wife spoke up for the audience and said she was in favor of the request.

Closed to public hearing.

Member Rootes asked Mr. Wilson how old was his mother? Mr. Wilson advised she was 79.

Member Bossaller made and Member Rootes seconded a motion to renew permit issued to Charles Wilson for a mobile home as a second dwelling located at 6205 N Wagon Trail Rd. (first granted April 1986) with a two year renewal.

Larry Bossaller yes Linda Rootes yes Tom Trabue yes

Motion to approve renewal was unanimous. 3 yes

ADJOURN

Having no further business, the meeting was adjourned at 8:07p.m.

Respectfully Submitted,

 

Noel Boyt, Secretary

Minutes approved 27th of May 1999.