BOONE COUNTY BOARD OF ADJUSTMENT

BOONE COUNTY GOVERNMENT CENTER

801 E. WALNUT ST., COLUMBIA, MO.

7:00 P.M. Thursday, August 26, 1999

 

Chairman Trabue called the meeting to order at 7:00 p.m. in Commission Chambers of the Boone County Government Center having a quorum present.

Present: Tom Trabue, Chairperson

Linda Rootes, Vice Chairperson

Norma Keil

Larry Bossaller

Absent: Jerry Kaufman

Also present: Stan Shawver, Director

Thad Yonke, Staff

Noel Boyt, Secretary

Member Keil made and Member Bossaller seconded motion to approve June 24th, 1999 minutes with addition of Mr. Nicholas Pekham’s guest. Minutes were approved by acclimation.

Chairman 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 Edwin and Victoria Honse for a variance from the front

setback of 50 feet as required in the A-2 zoning district by Section 10. A.

of the Boone County Zoning Regulations on property located at 22790

Westbrook Dr., Hartsburg.

Thad Yonke gave staff report stating that the property was located at 22790 Westbrook Dr., Hartsburg. This site is located seven (7) miles south of Ashland. There is a single family dwelling on this property. The requested variance is to build an accessory building, but topography the lot makes it difficult to comply with the front setback requirement. The original zoning for this tract is A-2. The .83 acre lot is part of a survey filed in 1965 and so is a nonconforming lot. The requested variance is from Section 10. A yard requirements sets minimum of 50 feet for the front setback. Section 10 B (7) requires that the area in front of the main structure be landscaped area. Staff notified 23 property owners.

Edwin Honse, 22790 Westbrook Dr. Hartsburg addressed the Board. He stated he was going to put in a two- (2) car garage with storage. He has a dramatic drop where he would like to place the garage. Mr. Honse showed photographs of the area. He would like to build closer to the road in order not to have so much back fill.

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

Member Keil questioned the location of the garage. Mr. Honse said there was an island that went out and there was a road that went between the island and the house. He wanted to put the garage on the island itself in front of the house.

Chairman Trabue asked if the location would be where the trees were cut down? Mr. Honse said where the trees were cut down was actually the property line. The neighbor hated the trees any way and they came out. In order to fit the building in, he was restricted on the width of the island.

Chairman Trabue asked how far the structure would be in front of the house? Mr. Honse said it would be 18’ in front of the house. He was not set on the building size since he was waiting to see the outcome of the meeting. Chairman Trabue asked what type of a set back that would leave? Mr. Yonke said he visited the site and would probably leave approximately 20’ setback. The house was at the 50’ setback line.

Member Rootes asked if Mr. Honse could show his lot on the site map. Mr. Honse came forward. Member Bossaller said he was comfortable with it as long as it did not go in front of the other house.

Chairman Trabue agreed, it fits well and the topography of the lot is difficult to build on falls within their purview in the regulations.

Member Keil made and Member Rootes seconded motion to approve request by Edwin and Victoria Honse for a variance if the setback from the front is the same as the house to the south and that it meets the side setback regulations as required in the A-2 zoning district by Section 10. A. of the Boone County Zoning Regulations on property located at 22790 Westbrook Dr., Hartsburg.

Norma Keil yes Linda Rootes yes

Tom Trabue yes Larry Bossaller yes

Motion to approve was unanimous. 4 yes

 

OLD BUSINESS

Director Shawver gave staff report stating that the Board heard the request May 1999.

Director Shawver gave staff report stating New Providence Baptist Church is located on Rte E, two- (2) miles northwest of Columbia. The zoning is A-2 (Agriculture) as is all the surrounding property. The church located on the property is interested in building an addition. The applicants desire to build closer to the property line than regulations will allow. They are seeking to put another structure on the church property but were unable to meet the side setback requirement of 15’ ft. At the public hearing, questions arose that the property line was in question. The church has since obtained a survey and is still seeking a variance. The surrounding property owners were re-notified. Mr. Bill Asbury is still opposed to the church doing the addition. He is concerned that placing the stricture towards the north property line it would block access to the church’s rear property.

Pastor Jesse Barnhart, 605 Dogwood Court, Ashland and Jim Doyle, Trustee, 5141 N Yeager Rd. Columbia, addressed the Board.

Pastor Barnhart said in the last three- (3) years their church attendance has increased about 35%. It is not a large increase but that is a large increase to them. Sunday school is also increasing. They have monthly business meeting and dinners. When they have dinners they are required to pick up the pews and move them to set tables out. They are crowded to the extent that people are sitting on the pews to eat. They are unable to host weddings since they do not have a room to be set up for the reception. They have three Sunday school rooms, two of which are upstairs and climbing the stairs it is a difficult task. Pastor Barnhart said the building would not be used as living quarters. They have looked at different options to expand. They thought about adding on to the existing church but with the building over 100 yrs. old. The have to expand to the south side because Rte E is on the front graves on the south and west side. As far as blocking access to the back property, it is already blocked by a septic system and no one is allowed to drive over the area anyway.

Mr. Doyle said there was an easement to get to the house behind them but there should not be a reason to drive back there.

Pastor Barnhart said they had looked at different structures to either bring in or to build. Neighbors were concerned that if a module were brought in their property values would go down, so the church was looking into building a stick built addition.

As far as the survey, their surveyor was unaware of the survey that was done by Mr. Brush. The first survey, the surveyor used three existing irons on the east side of the building going north. Mr. Brush used four additional existing irons, 3 on the south property and one at the NW corner. He reestablished the north property line shooting west this time.

Open to the public. Members of the audience who in favor of the request stood (there being approximately 15).

Rosalind Moulton, 4600 Rte E, Columbia came forward. She said she lived on the city side of the graveyard. She said if the church was to add on, that would be the side to do it. She would like to see the addition match the construction of the church as much as possible.

Member Keil asked the Chairman for a clarification. She asked that the variance was for the setback and not for the type or style of the church addition. Chairman Trabue acknowledged, it was for the setback only.

Greg Asbury, 4565 N Rte E., came forward. Mr. Asbury said he did not have a problem with their structure, however there are rules. The regulations do say 15’ and it is a congestive area. He thought the rule should be upheld. He is 900’ away from the church, so it would not affect him but his dad is next to the church.

Harry Kirby, he owned the property next door to the church but did not live there. He opposed the addition that close to the line. He thought the addition would devalue his property. If he went to sell the property, he felt it would be a hindrance to him

Peggy Northup, 4661 N Rte E, came forward. She said she used the easement to get in and out from her house. The width was only 28 ft. She said it would be a problem for her, it would seem like going in and out of a tunnel. She would like for the church to build but it would not work out for her.

John Strawn, 4741 N Rte E, came forward. He said he brought up the question in May about the surveys not agreeing. He had not received anything that things had been corrected or what had been redone. Mr. Strawn thought he and the pastor had a verbal agreement to get together and discuss things before the meeting. Mr. Strawn was completely against the approval of the variance until something is clarified on the survey and filed.

REBUTTAL

Pastor Barnhart said it was their intent to match the construction of the church. As far as the residents in opposition, yes there are rules in place for a reason. There are also reasons for the rules to be bent. As far as the setbacks, the church has graves right up to the fence on one side. The church feels they need a building and do not have any other plans for expansion. He had never heard of a church that tries to maintain the property ever de-valuing neighboring properties. As far as Mr. Kirby’s property, even if this structure was four (4’) foot away from the property line that is still 32’ feet from his property because of the easement. As far as the tunnel effect, it is like a tunnel now because of the brush and the vines growing up. Pastor Barnhart apologized for not contacting Mr. Strawn, but he was instructed not to contact him by his church.

Mr. Doyle spoke up and said both surveyors told Brother Jessy that if this did go to court, that any judge would say that the fence had been there long enough that it would be considered the property line. Pastor Barnhart said the survey he brought in did show the property line veering off of the fence. Pastor Barnhart said the church had spent over $3,000 in repairing the headstones and graves in the cemetery. They are putting in new sidewalks and new parking in front. He did not feel the church would do anything to de-value the property.

Closed to public hearing.

Member Keil asked how far away was the yellow house from the easement? Mr. Kirby spoke up from the audience and said it was three (3’) feet from the corner of the bedroom to the easement.

Pastor Barnhart showed where the house was on the front portion of their yard and the church addition would be to the back of the property.

Member Bossaller said he felt he understood the situation but he was not clear how the Board is charged to this situation. He felt that if Mr. Kirby was allowed to build three (3’) to the easement, wouldn’t it be fair to allow the church to be four (4’) to the easement. He did not see it as a big problem, however, what is fair to all?

Chairman Trabue asked staff if the setback requirement was 15’ or a total of 40’ for both sides on any given property. Director Shawver agreed. Chairman Trabue said the intent of the setbacks is the fire safety issues, access issues and some reasonable separation for different zoning districts. Staff agreed.

Chairman Trabue said that in general his thought on side setbacks he would be very uncomfortable recommending the side setback of only four (4’) foot in an A-2 zoning district. But his comfort level has increased because of the 28’ foot easement that in essence provides an additional 28’ foot of setback or separation from another home that is pretty substantial. The issues that have been brought forward were the differences in the surveys. The comment made before was finding two surveyors that agree completely might be difficult. The Board has to rely on them to practice their learned profession the best they can. The effort has been made on behalf of the church to get the survey straightened out. Whether everyone is in agreement with that or not, even if the two surveyors were present, they may not agree.

Director Shawver said neither of the surveys had been filed for record.

Member Keil asked how many residents use the easement? Chairman Trabue stated that Mr. Strawn and Mrs. Northup use the easement.

Member Bossaller said he felt he would be in favor of the request. He had been back and forth on the fence but then the more he thought about the other property being only four (4’) feet from the easement with their bedroom. What is fair for one is fair for all as long as it is not a big problem.

Member Keil said the buildings are off set from one another and did not see a problem with it.

Member Rootes said she agreed. She added up the 28-foot easement, three on one side and the four on the other and it totaled 35 feet.

Member Rootes concerning a modular unit or a stick built structure. The stick built might appear to be more attractive at this time. The modular unit would be easier to remove if in the future the property changed hands. There are pros and cons whichever way the church goes.

Member Bossaller made and Member Keil seconded motion to approve request by New Providence Baptist Church for a variance from the required side property setback of 15 feet. Property located at 4641 N Rte E, Columbia. Said motion not to be any closer than four (4’) feet to the side property line.

Larry Bossaller yes Norma Keil yes

Linda Rootes yes Tom Trabue yes

Motion to approve variance was unanimous. 4 yes

 

* * * *

Thad Yonke gave staff report stating that the property was located at 920 E High Point Lane, Columbia. The current zoning is A-2 Agriculture as is the adjacent zonings. The site is located approximately two (2) miles south of Columbia City limits near the intersection of High Point Lane and Rock Bridge Lane. There is a single-family dwelling and a mobile home currently on the property. The requested variance is a renewal of a permit for a second dwelling. The zoning history is that the applicant requested a permit for the mobile home in July 1978. Ms. Lindsey’s mother occupies the mobile home. Last review was July 1997. Staff notified 14 property owners.

Mr. Billy Lindsey, 950 E High Point Lane came forward. Said he was present to answer any questions. He did not have anything to add to the staff report.

Open to the public. In favor of the request.

Director Shawver stated he had received a call from Jeff Smith (received a renewal letter) who said he had no concerns or problems with the trailer remaining on the property.

David Allen, 5170 Scott Boulevard S., Columbia spoke from the audience. He stated when his mom was alive it was helpful to have her closer to them and was in favor of the permit renewal.

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

Member Keil asked if his mother was still occupying the trailer. Mr. Lindsey said she was meaner than a junkyard dog and still living. She is now 82 years old.

Member Keil made and Member Rootes second motion to renew permit for two years 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.

Norma Keil yes Linda Rootes yes

Tom Trabue yes Larry Bossaller yes

Motion to renew for 2 yrs. was unanimous. 4 yes

 

* * * *

Director Shawver gave staff report stating that the property was located at 5150 S Scott’s Blvd. Columbia. The property is zoned A-2 (Agriculture) and the adjacent zoning is the same. The property is approximately ¾ mile from the Columbia City limits on Scott’s Blvd. There are two (2) mobile homes on the property. The permit was originally requested in August 1980. Mrs. Allen lived in the mobile home with her son at that time. A second mobile home was added to allow an elderly aunt to live in and Mr. Allen’s mother then occupied the trailer with the aunt. The last review was July 1997 and his mother was alive. Since that time, Mrs. Allen has passed away. The Board of Adjustment variance for trailers is granted on hardship basis until the situation no longer occurs. There have been situations where in the meantime a hardship develops and it warrants for the mobile home to remain.

David Allen, 5170 Scott’s Blvd. S, Columbia came forward. He said he had been moving stuff out of the trailer and would be removing the trailer from the property.

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

Closed to public hearing.

Member Rootes asked how Mr. Allen’s aunt was doing. He stated she was also deceased.

Member Rootes asked how long Mr. Allen thought it would take him to have trailer removed? He stated there was a lot of items to be removed. Member Rootes asked if six (6) months would be enough? Mr. Allen stated he wanted to get it out by winter but not knowing the weather he was not sure.

Chairman Trabue said eight (8) months would allow until April 1st. He also felt there should be a condition that it not be occupied by anyone during the eight- (8) months. Mr. Allen agreed.

Member Rootes made and Member Bossaller second motion to allow the trailer to remain for eight (8) months while it is being preparing to be removed provided no one resides in the trailer located at 5150 S Scott’s Blvd., Columbia.

Linda Rootes yes Larry Bossaller yes

Norma Keil yes Tom Trabue yes

Motion was approved unanimously. 4 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).

Thad Yonke gave staff report stating that the property was located at 15505 Wren School Rd., Hartsburg. Current zoning is A-2 (Agriculture) and the adjacent zoning is A-2 (Agriculture). This is a two-(2) acre site located approximately 4.5 miles west of Ashland. There is a dwelling on the site and a mobile home. The history is that it was first requested in June 1985, and the last review was July 1997. Staff notified six (6) property owners.

Betty Rippeto, Jim’s Rippeto’s mother, came forward she lives at Hartsburg. Mrs. Rippeto stated there were no changes to the request.

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

Chairman Trabue stated it sounded like the situation was the same. The neighbors were ok with the second dwelling. He thought he had been involved in the review a couple of times so he was familiar with the request. He was glad things were going ok.

Member Keil made and Member Bossaller second motion to renew 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) for a period of two (2) years.

Norma Keil yes Larry Bossaller yes

Tom Trabue yes Linda Rootes yes

Motion to review permit was unanimous. 4 yes

 

NEW BUSINESS

ANNUAL ELECTION OF OFFICERS

Nomination for Chairperson

Member Rootes nominated and Member Keil seconded nomination of Tom Trabue for Chairperson. Motion was approved by acclimation.

Director Shawver returned the floor to Chairperson Trabue to continue the election.

Nomination for Vice-Chairperson

Member Bossaller nominated and Member Keil seconded nomination of Linda Rootes for Vice-Chairperson. Motion was approved by acclimation.

 

 

ADJOURN

Being no further business, meeting was adjourned at 8:16 p.m.

Respectfully submitted,

 

 

 

M. Noel Boyt

Secretary

Minutes approved 28th of October 1999.