BOONE COUNTY BOARD OF ADJUSTMENT
BOONE COUNTY GOVERNMENT CENTER
801 E. WALNUT ST., COLUMBIA, MO.
Thursday, July 26, 2001
Chairperson Trabue called the meeting to order at 7:00 p.m. in the Boone County Commission 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, Chairman
Linda Rootes, Vice-Chairperson
Absent: Cindy Bowne
Also present: Thad Yonke, Staff Bill Florea, Staff
Paula Evans, Secretary
Minutes of June 28, 2001 meeting were approved with no corrections.
second dwelling located at 11451 Old #7, Columbia.
Planner, Bill Florea gave staff report stating that the property is zoned A-2 as is the adjacent property. The site is located seven miles north of Columbia on County Road Old Number 7, just north of State Highway VV.
There is a modular home on the property occupied by the applicants. The request is to place a 1992 single wide manufactured home to be used as a second dwelling, to provide assistance to family members residing on an adjoining tract of land. This 3.7-acre tract was created as a lot through the family transfer provisions of the subdivision regulations in 1987. At that time, the original 13.8-acre tract was split in to three tracts, with two tracts transferred to family members.
The requested variance is under section 15.C.(4)(d), "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.
Staff notified 19 property owners.
Present: Richard Morris, 11451 Old Number 7, Columbia.
Mr. Morris stated he was asking permission from the board to allow his son to place a mobile home on his property due to applicantís mother and fatherís health. Applicantís mother suffers from lupus and is not supposed to be in sunlight. She is broken out badly on her arms.
Mr. Morris asked the Board if they had received copies of the doctorís report.
Chairman Trabue stated they were received.
Mr. Morris stated it would help his parents if his son could place a mobile home on his property to help his parents around the house and help to keep his mother out of the sunlight. Applicants father works from 10:00 a.m. to 6:00 p.m., by the time his father gets off work, he doesnít have time to keep up.
Open to public hearing.
No one spoke in favor of the request.
No one spoke in opposition of the request.
Closed to public hearing.
Member Rootes asked why the singlewide is being placed on the adjoining property rather than be requested to be placed on the property of the person who needs the help.
Mr. Morris stated that the way his fatherís property is laid out, he doesnít have the room to put the mobile home on. With the existing lagoon and a new lagoon for the new mobile home, his father doesnít have enough land. The existing home is set in the middle of the property, so there is really no way to put the mobile home on either side of the existing home. By law, the EPA or DNR says you canít run two mobile homes in to one lagoon so they would need a new lagoon.
Chairman Trabue stated that it was noted in the staff report that there were some family transfers on this property earlier and asked applicant if there were other family members residing in the area.
Mr. Morris stated that he lived next door to his father and his sister lives on the other side of his father.
Chairman Trabue asked if that was Carl and Patricia House.
Mr. Morris stated yes.
Chairman Trabue asked if there were other family members in the area.
Mr. Morris stated just his sister and himself.
Chairman Trabue asked how long applicants have resided there.
Mr. Morris stated since April of 1987: thirteen to fourteen years.
Chairman Trabue asked if the property has been in the family for a number of years.
Mr. Morris stated theyíve had it for fourteen years.
Member Rootes asked where the mobile home would be located.
Mr. Morris stated it would be south of his existing home.
Chairman Trabue asked applicant to come forward and point out on the tax map exactly where the home would be placed.
Mr. Morris showed Members where the new home would be placed.
Chairman Trabue stated that the hardship that was being requested is due to the health of applicantís mother.
Mr. Morris stated that was correct, and added that his father had congestive heart failure, problems with his shoulders, as well as a bad knee. Applicants try to help him, but they have their own lives and have a hard time trying to keep up with everything.
Mr. Morris stated that his son helps his parents now and is over there a lot, but has to go back to his home.
Chairman Trabue stated that Mr. Morrisí father works.
Mr. Morris stated yes, he does work from 9:00 a.m. to 6:00 p.m.
Chairman Trabue stated that his father has some health-related problems and asked more of his motherís health.
Mr. Morris stated his mother was disabled. With the lupus, the doctorís say she is not supposed to be out in the sun because she has big sores on her arms.
Chairman Trabue asked applicant what his son would do there and what his plans were. Chairman Trabue asked Mr. Morrisí son to come up and speak.
Present: Justin Morris, 2550 W. Oak Ridge Drive, Columbia.
Chairman Trabue asked Mr. Justin Morris what his situation was and what his plans were.
Mr. Justin Morris stated he was trying to get a place of his own. He is always at his grandparentís house helping out. It would be more convenient if he lived near them.
Chairman Trabue asked if Justin was going to school.
Justin Morris stated he had a full-time job.
Member Bossaller stated he always tried to accommodate the citizens of Boone County. Applicants are on the line of how a hardship would apply to this request.
Chairman Trabue stated he has the same concerns. Typically, when the Board sees this type of dwelling, it is going on the same piece of property as the person with the hardship. This is a little unique with all the properties joining. Chairman Trabue stated he is sensitive to the health situation, but is getting a sense that what applicants are trying to do is just provide another dwelling out there.
Mr. Morris stated that is not correct. His son is getting a place of his own, but he is also going to be helping his grandparents. It is hard for applicants to keep up with their own place as well as their parentís place. Applicants help out as much as they can, but his mother is still out in the sun.
Chairman Trabue asked applicant if they have considered another family transfer to create an additional parcel.
Mr. Morris stated there is not enough land to transfer.
Chairman Trabue asked staff what the requirements were to transfer.
Planner, Bill Florea stated this is an A-2 district, the minimum transfer would be 2.5 acres.
Mr. Morris stated he already tried to do a family transfer and was told the minimum was 2.5 acres.
Chairman Trabue stated he is sensitive to the health issues and believes that the Board has a very strong track record with that. Chairman Trabue stated he does have some concerns with this request, as there is already two sets of children living next door that are there to help. This request may be taking it a step too far for his comfort.
Chairman Trabue stated he did not want to seem insensitive, but this is where he stands now.
Member Rootes asked Staff if there were any other way to go, is there a different zoning that would allow a smaller area, or is there still a problem with the size for the lagoon.
Planner, Bill Florea, stated that would be a problem. Any development smaller that 2.5 acres would require a central sewer system.
Mr. Morris asked what is considered as a central sewer system.
Mr. Florea stated the system would have to be designed by an engineer and approved to operate by the Department of Natural Resources.
Mr. Morris asked if this is a sewer system from the County.
Mr. Florea stated it could be a shared lagoon or a number of different types of systems that would qualify. It would be up to the applicant to go to an engineer to design the system that would best fit the needs of the property and the applicants. It could be a lagoon, a shared septic system, or various forms. It would be a regulated sewage system through the Missouri Department of Natural Resources. In that case, it would be possible to apply for rezoning. But a rezoning in this area would not be appropriate.
Member Rootes asked applicants if they realized that this would only be on a temporary basis.
Mr. Morris stated yes, he was aware of that and there would be a two-year review.
Member Rootes stated that it would be quite a lot of expense to put in a new lagoon and siting a mobile home there with the possibility that any time the variance could be ended.
Mr. Morris stated he was aware of that going in to this. But you have to do what you have to in order to take care of his parents. Mr. Morris continued that he understood the Boardís position, he lives next door to his parents and his sister lives next door to them. Mr. Morris works full-time, his brother-in-law is usually out of town 2 to 3 times per week, and applicantís sister has been sick and not been able to help out as much. It is hard for applicants to keep up with their own place and their own life, and help his parents.
Member Rootes stated that the area is very attractive, there is no practical way to subdivide the property. To rezone would create the possibility of more subdividing in the future. Member Rootes stated she always supports families who try to take care of each other.
Member Rootes made and Member Trabue seconded a motion to allow a mobile home to be placed on their property as a second dwelling located at 11451 Old #7, Columbia. Richard and Tammy Morris, owners.
Discussion on the motion.
Member Rootes stated the fact that this would be a temporary residence and it would go away at some point in the future; the property is very well maintained. The new waste water system would have to meet standards and be controlled. Member Rootes stated that this is the reason she is comfortable with the request.
Mr. Morris asked if the standards Member Rootes was referring to is the laws regarding the property setbacks.
Member Rootes stated yes.
Member Bossaller stated his concern was setting precedent. The Board tries to maintain the County and should not start bending the rules. But does like the idea of families sticking together.
Mr. Morris stated that Member Rootes saw the property and the existing homes, and saw that everything is being kept up. It does take a lot of time with the upkeep and no time for their own lives, but realize they have to help their parents. It will make it a lot easier on everyone if applicant's son could move out there and help out.
Being a motion on the table, Chairman Trabue asked for the vote.
Motion to allow a single wide to be located as a second dwelling at 11451 Old Number 7.
Chairman Trabue N Member Bossaller Y Member Rootes Y Member Clementz N
Motion to approve request is denied 2 Yes 2 No
Annual election of officers.
Chairman Trabue turned the election process over to Planner, Thad Yonke.
Mr. Yonke stated it is time for the annual election of officers. Mr. Yonke opened the floor for nominations for the office of Chairperson.
Member Clementz nominated Member Trabue.
Member Bossaller nominated Member Rootes.
Member Trabue made a motion to cease nominations.
Member Trabue received 1 vote; Member Rootes received 3 votes.
The new Chairperson for the Boone County Board of Adjustment is Linda Rootes.
Mr. Yonke turned the election process over to Chairperson Rootes for the office of Vice-Chairperson.
Chairperson Rootes opened the floor for nominations for the office of Vice-Chairperson.
Member Trabue nominated and Member Clementz seconded a motion for Member Bossaller as Vice-Chairperson.
Member Trabue made a motion to cease nominations.
Being no other nominations a motion was made by acclimation for Member Bossaller as the new Vice-Chairperson for the Boone County Board of Adjustment.
Meeting adjourned at 7:40 p.m.
Paula L Evans
Minutes approved ______ of __________, 2001.