BOONE COUNTY BOARD OF ADJUSTMENT

BOONE COUNTY GOVERNMENT CENTER

801 E. WALNUT ST., COLUMBIA, MO.

Thursday, September 27, 2001

 

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

Chairperson Rootes explained the function of the Board of Adjustment. She 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: Linda Rootes, Chairperson

Larry Bossaller, Vice-Chairperson

Cindy Bowne

Absent: Tom Trabue

Kay Clementz

 

 

Also present: Thad Yonke, Staff Bill Florea, Staff

Paula Evans, Secretary

Minutes of August 23, 2001 meeting were approved with no corrections.

REQUEST

 

  1. Request by Timothy and Angela Waller for a permit for a mobile home as a second dwelling on 5 acres,

more or less, located at 11150 N Rte B, Hallsville.

 

Planner, Thad Yonke gave staff report stating that the current zoning of the property is A-2, the adjacent zoning is also A-2. This site is located on State Highway B, approximately two miles south of Hallsville. There is a single family dwelling on this site. The applicants would like to place a mobile home on their property for their parents due to age and health reasons. The original zoning of this tract is A-2. It was platted as part of M & M subdivision in 1987. The requested variance is from Section 15, C, 4d "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 12 property owners of this request.

Present: Timothy & Angela Waller, 11150 N. Route B, Hallsville.

Mr. Waller stated they were asking for permission to put a trailer on their property for his in-laws. Applicants would be able to keep an eye on them and help them with whatever they need.

Mrs. Waller stated that her mother currently has medical problems, Mrs. Waller is a registered nurse, which would allow her to be able to be there more for her parents as well as deal with any situations that may arise.

Chairperson Rootes entered a letter from a physician in to the record.

Chairperson Rootes asked applicants for information regarding where Mrs. Waller’s parents currently reside and their situation.

Mrs. Waller stated that her parents currently lived inside the City of Hallsville. They are getting older and looking more toward the future and their future physical needs. Mrs. Waller stated this would be a better situation for everyone. Mrs. Waller stated she and Mr. Waller are the primary caregivers for both of her parents and would remain so throughout the rest of their lives. This would be a better situation for everyone.

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 Bowne asked applicant what size the lot was.

Mr. Waller stated the lot was five acres.

Member Bowne asked what type of wastewater would be used for the additional home.

Mr. Waller stated they would build a second lagoon.

Member Bowne asked the age of Mrs. Waller’s parents.

Mrs. Waller stated her father is 72 years old and her mother is 67 years old.

Member Bossaller asked applicants what type of mobile home applicants planned on placing on the property.

Mrs. Waller stated her parents currently own a 1992 mobile home and will relocate that.

Member Bowne asked where applicants planned on placing the home.

Mrs. Waller stated it would be placed on the north side of the property behind a large existing out building. There is currently a cornfield there now. Mrs. Waller stated they would use the current driveway and just extend it so there wouldn’t be another driveway coming off the highway.

Mr. Waller stated it was the best location to hook in to the existing utilities.

Member Bowne stated it wouldn’t extend any closer to the road than the current home or outbuilding.

Mrs. Waller stated no.

Member Bowne asked applicants if their home is right across from Kaskeys.

Mrs. Waller stated yes.

Member Bowne asked if applicants had the north one of those two in there.

Mr. Waller stated that if they put the mobile home in that proposed spot, they could then put the two lagoons close together.

Mrs. Waller stated there is plenty of room to have a second lagoon next to the one that is already there.

Chairperson Rootes stated she noticed that applicants property backs up to the Colt Railroad.

Mr. Waller stated that was correct.

Member Bowne asked if the current lagoon was fenced.

Mrs. Waller stated yes, it had to be enlarged and fenced when they bought the property.

Member Bowne asked staff if there was any response from the neighboring property owners.

Mr. Yonke stated staff received no responses.

Chairperson Rootes stated that applicants would want to continue coming back before the Board for renewals every two years for as long as applicant’s parents were there.

Mrs. Waller stated yes.

 

Member Bowne made and Member Bossaller seconded a motion to approve a request with a review in two years, by Timothy and Angela Waller for a permit for a mobile home as a second dwelling on 5 acres, more or less, located at 11150 N Rte B, Hallsville.

Chairman Rootes Y Member Bossaller Y Member Bowne Y

Motion to approve request carries 3 Yes 0 No

 

 

 

* * * * * * * * * * * * * * * * * * * *

 

 

 

OLD BUSINESS

 

 

Planner, Thad Yonke gave staff report stating that this property is zoned A-2, the adjacent zoning is also A-2. This site is located approximately 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 on the property. The mobile home being the second dwelling. The requested variance is to renew the permit for a second dwelling. The applicant requested a permit for a mobile home as a second dwelling in July 1978. The mobile home is occupied by Mr. Lindsey’s mother. The last review was in August 1999. The requested variance is the second dwelling, mobile home on a tract of land as a hardship. Staff notified 14 property owners.

Mr. Yonke stated that staff received one call which had no objection, only inquiring if the renewal would be a permanent thing, but keeping the renewal. When staff emphasized that the renewal could only be granted for two years, the caller stated they would not have a problem.

Present: Billy Lindsey, 950 E. High Point Lane, Columbia.

Mr. Lindsey stated the reason he is here was to request another two-year renewal for his mother to live in the mobile home for the reason of hardship.

Chairperson Rootes asked Mr. Lindsey how his mother’s health was.

Mr. Lindsey stated she is 84 years old. Mr. Lindsey gets her groceries and medicine. The last time his mother went to the doctor, the doctor told her someone needs to live close by in case she needed help. Mr. Lindsey stated he live twenty to thirty yards away.

Chairperson Rootes asked Mr. Lindsey if he knew if anything has changed in the situation.

Mr. Lindsey stated a lot of things changed about her. Mr. Lindsey stated he thought she may be getting Alzheimer’s. Mr. Lindsey stated he doesn’t know that, but he can see little things that she does that she normally doesn’t.

Member Bossaller asked applicant how long the mobile home has been there.

Chairperson Rootes stated 1978.

Mr. Lindsey stated he thought that was correct.

Member Bossaller asked if that was when the first variance was granted.

Mr. Lindsey stated yes.

Member Bossaller asked if anything has changed in terms of the position of the mobile home, it is all the same.

Mr. Lindsey stated yes.

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 Bowne asked Mr. Lindsey if the mobile home was new when it was put in 23 years ago.

Mr. Lindsey stated yes.


Member Bowne asked if any inspections had been conducted. A 23-year-old trailer is pretty old. Member Bowne stated she is concerned about a home that age.

Mr. Lindsey stated it was livable but he needs to do a little work on it.

Member Bowne asked if it had air conditioning.

Mr. Lindsey stated yes.

Member Bowne asked if it was central air or a window air conditioner.

Mr. Lindsey stated it was central air.

Member Bowne asked if that came built in to the trailer.

Mr. Lindsey stated yes.

Member Bowne asked Mr. Yonke if there were any inspection procedures on trailers of this age.

Mr. Yonke stated if the trailer had been a model older than 1976, that was before the HUD manufacturing requirement, there would have been no certainty of the quality of the manufacturer, prior to 1976 there was no quality assurance. Since it is 1978 model, it was manufactured under the HUD seal program, which means it did at least meet the minimum standards at that time. As far as continuing inspections go, the County does not have the authority for protective inspections under State Law. All the County can inspect is new construction. Once a building is constructed and occupied, the County has no authority under State Law to see that building stays in that shape. The County can’t even condemn structures.

Member Bowne asked Mr. Lindsey if there has ever been a fire or any type of damage to the trailer.

Mr. Lindsey stated no.

Member Bowne asked Mr. Lindsey if the home was tied down.

Mr. Lindsey stated yes.

Member Bowne asked what type of foundation the trailer was on.

Mr. Lindsey stated he didn’t know if it was sitting on anything, only dirt.

Member Bowne asked if it was still on the wheelbase.

Mr. Lindsey stated no, the wheels have been removed, it is sitting on concrete blocks.

Member Bossaller made a motion to approve the request.

Member Bowne seconded the motion to approve.

Discussion on the motion.

Member Bowne stated that if she were on the Board in two years, when this came up for renewal, Member Bowne would expect applicant to have had an outside company conduct and inspection to ascertain the safety of the trailer. Member Bowne stated that she wished it had been done for this renewal. Member Bowne stated she found no reference as to whether the trailer was new in 1978 or not.

Member Bowne stated that was her only concern, if she were on the Board in two years, she would want a safety inspection before she would ever grant another renewal. Member Bowne stated that she was not saying the applicant had to get the inspection, but that would be her preference.

Mr. Lindsey stated he understood.

Chairperson Rootes stated especially if Mr. Lindsey’s mother is becoming less competent to watch out for things, it would be more important to be sure everything was safe.

 

Member Bossaller made and Member Bowne seconded a motion to approve a renewal for two years for a permit 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.

Chairman Rootes Y Member Bossaller Y Member Bowne Y

Motion to approve request carries 3 Yes 0 No

 

 

 

* * * * * * * * * * * * * * * * * * * *

 

 

 

Planner, Thad Yonke gave staff report stating that this property is zoned A-2, the adjacent zoning is also A-2. This two-acre site is located approximately 4 1/2 miles west of Ashland. There is a dwelling on the site and a mobile home. The requested variance is to renew a permit for a second dwelling. This permit was first requested in June 1985. The permit has been renewed every two years since the original approval was granted; the last review was conducted in August 1999. The requested variance is to renew the permit. Staff notified 6 property owners.

Present: Betty Rippeto, 1505 Wren School Road, Hartsburg.

Chairperson Rootes asked Ms. Rippeto to explain her situation.

Ms. Rippeto stated she needed to live there so her son, Jimmy Ray Rippeto, could help her out. She stated she lived in the trailer and her son takes care of her.

Chairperson Rootes asked if anyone else lived there.

Ms. Rippeto stated her granddaughter lived with her.

Chairperson Rootes asked if there was anything Ms. Rippeto would like to add.

Ms. Rippeto stated that nothing has changed.

Present: Wanda (will insert name upon October meeting), daughter to Ms. Rippeto, Pierpont

Ms. ( ) stated she lived in Pierpont, which is approximately 8 miles away from her mother. If something were to happen, she could get there quickly.

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 Bowne asked applicant if her granddaughter lived in the trailer with her.

Ms. Rippeto stated yes.

Member Bowne asked if it was the same 1969 trailer as in the original request.

Ms. Rippeto stated no; she lived in a 1980 trailer.

Chairperson Rootes asked applicant if she lived in the same trailer that was moved there in 1985.

Ms. Rippeto stated yes, it is the same one.

Chairperson Rootes stated the original application stated the applicant moved there with two grandchildren.

Ms. Rippeto stated one of the children got married. The other child still lives with her.

Member Bowne asked if these were her son’s children.

Ms. Rippeto stated no.

Member Bowne stated she would like to table this request until applicants can produce an inspection on the 1969 trailer has been done. Member Bowne stated it wouldn’t have to be a County inspection. An inspection would have to be done on their own.

Mr. Yonke stated it would have to be done by a private building inspector, the County is not empowered to do a building inspection like that.

Member Bowne stated she didn’t know if there were any precedent for that.

Mr. Yonke stated that anything the Board felt was reasonable to request, the Members could certainly request. It would then be up to the applicant to decide whether they were going to do that before they came back. Or they could come back without it. That is a decision the applicant could make.

Member Bossaller stated he has always been concerned that the Board did not have a procedure that could be implemented. Member Bossaller stated he was concerned about the age of these mobile homes before and asked if the Board could require an inspection. Member Bossaller stated if he recalled correctly, he was told no. There is no ordinance or law that states the Board could require that.

Member Bossaller stated he had the same concern as Member Bowne, Member Bossaller stated he thought there should be inspections. In real estate, inspections are done all the time on property.

Member Bowne stated she was concerned about a trailer that was this old. Member Bowne stated she is not saying it is not in good shape, but can only go by what she has seen from the outside. While the trailer is kept, she doesn’t know about the substructure, the flooring, and wiring, and it is before the time that was set with an inspection on the building of it. Rather than vote against the request and have it end right now without giving the applicant that opportunity to provide that to the Board that says the trailer is still livable and safe, rather than vote against the request and have to force the applicant in to doing something else. Member Bowne would rather table the request and give the applicant the opportunity to provide that information and get an inspection both for Member Bowne’s satisfaction and hopefully for the applicant’s own satisfaction that everything is still safe. If it is a 1969 trailer, that is a very old trailer. Applicant’s may have done work and done things to it that has reinforced it.

Member Bowne stated she didn’t want to deny request, but would like to table the request and give the applicant the opportunity. If the applicant doesn’t want to do the inspection, when it comes back the next time and applicant states whether or not the inspection has been done, then the Board will address that issue at that time.

Mr. Yonke stated that it is correct that under County ordinance, the County doesn’t have the ability to do those types of inspections or to require them. That is really a separate question as can the Board ask for documentation and information to give the Members the information they feel they need to make an accurate decision. That is really a different issue. In this particular instance, where if you are tabling the request with the request they provide that information to the Board, that certainly, in Mr. Yonke’s opinion, would be something that you could justify within the grounds of the tabling motion. The Board is not requiring that be a condition of approval. The Board is merely asking that the applicant’s give you that information so you can make a decision. It doesn’t necessarily predicate that if next meeting there is a panel of five that it would automatically, by not providing the inspection be turned down. That is not what it is saying, it is saying that without that information Member Bowne probably couldn’t support the request. Member Bowne would feel inclined, without that information, to vote no. It wouldn’t necessarily get disapproved. In that type of instance, it might be a little different situation that the specific question that was answered last time.

Member Bossaller asked if the Board could refuse to grant the hardship because it has to meet certain requirements, that it has to be inspected before granting a renewal.

Chairperson Rootes asked that on the renewals are they really the same as a brand new request for a variance.

Mr. Yonke stated that in truth they really are a new request. Traditionally, they’ve been treated as if everything is the same; it was left the same. But that is purely within the purview of the Board to see it that way. In truth they are, they were advertised as new requests and they can be approved or denied as if they were new requests.

Chairperson Rootes asked if this were a brand new request, then they would also need a variance to place the pre 1976 mobile home.

Mr. Yonke stated that was correct.

Chairperson Rootes stated that since it was already placed, they don’t need anything.

Mr. Yonke stated that effectively, the original request would have granted the pre 1976 condition by default, that wouldn’t necessarily have a renewal clause on it, where as the fact of a second dwelling can only be granted for two years so each two years, it is effectively up and must be regranted or else by default it would not be allowed.

Chairperson Rootes asked if the applicant replaced a trailer mid 2-year period, would they have to get a new permit.

Mr. Yonke stated that anytime a mobile home is swapped out by another mobile home on an existing site, where it was legally placed, there is a requirement that there be a building permit and the minimum amount of inspections. Typically the way staff has treated this is for example, if they choose to replace a 1969 mobile home with a newer model mobile home, Staff doesn’t make that come back before the Board. Because if they are improving the year model on it, staff allows that to be done under a regular permit. Just like any other place for a placement of a mobile home. Staff doesn’t make it come back before the Board because it is a different mobile home than was originally requested.

Member Bowne stated that all the documentation she had showed the mobile home as a 1969. Member Bowne stated she had no documentation to show that it was updated anytime. If applicants asked for a renewal and had to replace the trailer, would a new fee be required. Because each time someone comes in with a new request they have to pay a fee.

Mr. Yonke stated that is treated somewhat differently. Effectively these renewals are new requests, but staff does not charge a new permit fee and no new mailing fees. The County does not charge fees for renewals, it is a new request, but the County waives the fees.

Member Bowne asked who would inspect the sewage treatment facilities. Does that go on a complaint basis.

Mr. Yonke stated once there is an existing system that has been approved at some point in time. The Health Department will not go back out and look at it unless there is a complaint. At that point they will go out and investigate the complaint. If the Health Department finds there are grounds, they can require upgrades. Otherwise, they will pretty well treat it as an existing system and leave it alone.

Chairperson Rootes stated that the system that was put in back in 1985?

Mr. Yonke stated it was inspected at the time the trailer was placed at that time. As far as Mr. Yonke knows, there has been no complaint. The Health Department has no record of any kind of information on this one currently.

Member Bowne made a motion to table the request until an inspection on the trailer has been done.

Member Bossaller stated he would second the motion, however Member Bossaller stated he wanted this issue resolved from a legal position, whatever requirements, or criteria that the Board can request and what they cant in the future. Member Bossaller stated he wanted to do it, but is not sure the Board can.

Discussion on the motion.

Member Bowne asked Mr. Yonke by tabling the request Director Stan Shawver and Mr. Yonke could get back to the Member’s.

Mr. Yonke stated by tabling the request, whether applicants can provide more information, or whether the Board wants more information from Staff, by tabling the request, it gives the Board the ability to get more information before having to make a decision.

 

Member Bowne made and Member Bossaller seconded a motion to table request for renewal of permit issued to Jimmy Ray Rippeto for a mobile home as a second dwelling pending an inspection of the trailer, on 2.0 acres, located at 1505 Wren School Rd., Hartsburg.

Chairman Rootes Y Member Bossaller Y Member Bowne Y

Motion to table request carries 3 Yes 0 No

 

 

NEW BUSINESS

None.

ADJOURN

Meeting adjourned at 7:50 p.m.

Respectfully Submitted,

 

 

Paula L Evans

Secretary

Minutes approved ______ of __________, 2001.