BOONE COUNTY BOARD OF ADJUSTMENT

BOONE COUNTY GOVERNMENT CENTER

801 E. WALNUT ST., COLUMBIA, MO.

Thursday, August 24, 2000

 

Chairperson Tom Trabue called the meeting to order at 7:10 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, which are considered to be part of the record of the proceedings.

Roll call was taken:

Present: Tom Trabue, Chairperson

Linda Rootes, Vice Chairperson

Larry Bossaller

Cindy Bowne

Kay Clementz

Absent: None

Also present: Thad Yonke, Staff

Ora Ramsey, Secretary

Minutes of July 27, 2000 meeting were approved by acclimation.

 

REQUEST

    1. Request by Allen Ray Cochran to construct a building closer than the 50 setback as required in an A-2 district as required by Section 10. A. of the Zoning Regulations on 7.5 acres located at 19211 N Rte F, Harrisburg.
    2. Thad Yonke gave the staff report. This property is located at 19211 N Rte F, Harrisburg. The size of the property is 7.5 acres. The current zoning is A-2 (Agriculture) and the adjacent zoning is A-2 (Agriculture). This tract is located 3.5 miles north of Harrisburg at the intersection of State Route F and Carr Road. This is a house on the property.

      The applicant would like to build a 36x45 pole barn, within the setback area for Carr Road. The original zoning of this tract is A-2. The applicant acquired approximately 12.1 acres in 1995. In 1997 the applicant deeded 4.5 acres to his son through a family transfer, thus creating the current 7.5-acre tract.

      The requested variance is from Section 10.A, which sets the minimum setback in the A-2 district at 50 feet.

      Staff notified 8 property owners of the request.

      Ray Cochran, the applicant, was present and resides at 19211 N Rte F, Harrisburg. Mr Cochran presented his case before the Board members.

      There seem to be no problem with visibility to the road from Carr Lane. The topography of 7.5 acres would not allow the structure to be placed anywhere else. The closes 3 neighbors did not oppose the construction of the structure.

      Open to public hearing.

      Those in favor of the request.

      Those in opposition of the request.

      Closed to public hearing.

      Member Rootes had visited the site. She commented that it was very attractive and was sure the new structure would be attractive also. The topography did appear to be a real challenge. The building will be 43 feet from the center of the road, which means about a 20-foot variance.

      Staff stated that Carr is an old road and is probably a statutory road, which means you, would take the centerline and measure 15 feet on each side and that would be the right-of-way. Then the 50 feet would be back from that. So in general you would be looking at a 65 on a statutory type of road from the center of the road out. So if it is 45 feet or so it is about a 20-foot variance. If there are existing trees between that it may make a difference.

      Member Bowne also had visited the site. She did step it off. There was 25 feet of visibility. Any run-off would be sent to the lagoon and would not send additional floodwaters to the roadway.

      Chairman Trabue stated he had a problem with the setback because of any possible future improvements to Carr Lane. He stated that Mr Cochran has a nice home there and it and that he has done a nice job at developing his property. He had no doubts that the future development would look just as nice. However, he believes that the issues that are being brought out are reasons for a variance, but at the same time they are all self-created issues. Chairman Trabue said that sometimes we all are guilty of creating problems for ourselves, by not planning far enough ahead. He commented on the waterline from the house and asked when and how it was extended to the new building site. Chairman Trabue asked if the waterline was put in at the time the house was built.

      Discussion was held on any possible improvements to Carr Lane and expansions.

      Member Bowne said the location of the lagoon was built by the present landowner. It is actually in one of the few locations that the lagoon could be built. There were not a lot of choices for the placement of the lagoon. She stated that Carr Lane has already seen its improvement.

      Staff had contacted Public Works Department and they did state that the setback would not interfere with any of their future plans.

      Member Bowne made and Member Rootes seconded motion to grant the request by Allen Ray Cochran to construct a building closer than the 50 setback as required in an A-2 district as required by Section 10. A. of the Zoning Regulations on 7.5 acres located at 19211 N Rte F, Harrisburg.

      Cindy Bowne Yes Kay Clementz Yes

      Linda Rootes Yes Tom Trabue No

      Larry Bossaller Yes

      Motion to approve the request carried. 4 Yes 1 No

      * * * * *

    3. Request by Maybelle T Parton to allow a mobile home as a second dwelling for a family member on 13.57 acres, located at 2570 Oakland Church Rd, Columbia.

Thad Yonke gave the staff report that this property is currently zoned A-2 (Agriculture). Adjacent zoning to the north is A-2, to the east is A-2, to the South is A-R, and to the west is A-2. The site is located approximately 1 mile north of Columbia. There is a single family dwelling on this property.

The requested variance is for a mobile home to be allowed as a second dwelling according to Section 15.C.4.d of the regulations "to permit in case of practical difficulty or unnecessary hardship, for a period of two years, the location of a mobile home on a lot."

The original zoning for this tract is A-2. There have been no previous requests submitted on behalf of this property.

Mrs Parton would like a permit for her daughter to place a mobile home on her property. She would like a family member to be close in order to provide assistance if it is needed.

Staff notified 53 property owners.

Mrs Parton was present to represent her request. She stated that she needed living quarters for her daughter and her children to live close by encase she needed their help. Mrs Parton presented a letter from her doctor.

Open to public hearing.

Those in favor of the request.

Those in opposition of the request.

Closed to public hearing.

Member Bowne asked Mrs Parton if her daughter planned to do daycare or a home business. Member Bowne wanted it understood that just because the property is zoned A-R that if the variance was granted it was not granting daycare or home business operations as well.

Mrs Parton stated that her husband may come home from the nursing home and she would need help with him too.

Member Rootes said she had visited the Parton property. She commented that it was rather undeveloped, well-screened by vegetation without a problem for the neighbors.

Member Bowne asked if Staff had received any response from the neighbors. Staff responded that they had not.

Chairman Trabue said he was in favor of the request.

Member Bowne asked if the variance would be reviewed after 2 years. Chairman Trabue said yes.

Member Rootes commented that she appreciates family members being able to help take care of one another.

Member Bossaller made and Member Clementz seconded motion to grant request, with a 2-year review, for Maybelle T. Parton to allow a mobile home as a second dwelling for a family member on 13.57 acres, located at 2570 Oakland Church Rd, Columbia.

Larry Bossaller Yes Linda Rootes Yes

Kay Clementz Yes Tom Trabue Yes

Cindy Bowne Yes

Motion to approve the request with a 2-year review carried. 5 Yes 0 No

 

 

OLD BUSINESS

None.

NEW BUSINESS

None.

ADJOURN

Meeting adjourned at 7:36 p.m.

Respectfully Submitted,

 

 

Ora L Ramsey

Secretary

Minutes approved 26th of October, 2000.