7:00 P.M. Thursday, April 24, 1997


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

Present: Keith Kirkpatrick, Chairperson

Tom Trabue, Vice Chairperson

Jerry Kaufman

Linda Rootes

Absent: Norma Keil

Also present: Stan Shawver, Director

Thad Yonke, Staff

Noel Boyt, Secretary


Chairperson Kirkpatrick explained the function of the Board of Adjustment. He said that all decisions are based upon the Boone County Zoning and Subdivision Regulations which are to be part of the record of the proceedings. The board is comprised of five (5) members. Any applicant appearing before this board has the right to be heard by all five (5) members. If all five members are not present, (such as tonight) the applicant, and only the applicant may choose to wait until such time as all five (5) members are present to hear the request.

Member Trabue made and Member Rootes seconded motion to approve minutes of previous meeting on, March 27, 1997. Motion was approved by acclamation.



Request by Robert Kennish, Jr. to build an agricultural structure in the floodplain

located at 15251 S River Road Ashland.

Chairperson Kirkpatrick asked Mr. Kennish, Jr. if he wanted to proceed with only 4 of the 5 members present. Mr. Kennish wanted to proceed.

Director Shawver and Robert Kennish, Jr., addressed the board from the applicants table. Director Shawver

explained that they should proceed in a different fashion than usual. He stated that last fall the county revised the Floodplain Regulations as a result of a community action visit from the Federal Emergency Management Agency (FEMA). FEMA wanted specific criteria added to Boone County regulations for granting variances for floodplain development, granting variances for agricultural structures and procedures to be followed. Director Shawver said the Board very rarely receives variances in the flood plain. With the unusual circumstances of this request, he wanted to make sure the record is complete. For this reason, Director Shawver explained that he would question the applicant in order to ascertain the information necessary for the Board to make a decision.

Director Shawver gave staff report stating that Mr. Kennish farms about 600 acres at this particular site west of Ashland. The property is zoned A-1 (Agriculture) and the surrounding area is also zoned A-1. It is in the floodplain and good bottom land. There had been a travel trailer and barn on this site previously that burned down last fall. Mr. Kennish added the travel trailer had only been there three (3) weeks. Director Shawver continued that the land had been in row crop, not used for pasture or livestock. Mr. Kennish would like to rebuild the structure.

Director Shawver said the property is in the floodplain, Map Panel 175 shows that it has a base flood elevation of 575 ft. Looking at Mr. Kennish’s property, just about all of it is in the flood plain. This site already had utility service to it and that is why he wanted to locate the structure at the same site. The property is NOT in the Floodway. The floodway is where flood is actually expected to occur. Variance criteria was set out for the Board of Adjustment to consider before granting a variance.

Director Shawver asked how deep was it in the 1993 flood? Mr. Kennish said it was four to five feet

(4’ - 5’) deep inside the structure. Director Shawver said that along that stretch of the river it was actually

the 500 year flood. Director Shawver said having the three foot (3’) base around it and then sandbagging above that level would answer the next question.

Director Shawver continued that the proposed use is consistent with the Comprehensive Plan and Floodplain Management Regulations has designated this area as agriculture activities. He asked Mr. Kennish if the flood waters were up, would there be a need to get emergency service there? Mr. Kennish said no, the electricity would have already been turned off. Director Shawver said if the road is damaged because of the flood, the county is obligated to repair the road regardless if the barn is there or not. Mr. Kennish said that they usually have enough warning in a flood to remove any tractors.

Director Shawver asked Mr. Kennish if he was going to add any fill or build the site up any more? Mr. Kennish said they had already pushed it up two and half to three feet (2.5’ to 3’). Director Shawver said that if the 1993 flood happened now, the structure would only be a foot (1’) of water in the building. Mr. Kennish agreed.

Director Shawver asked if Mr. Kennish knew how fast the river flowed through that area. With the structure on that side of the levy and not in the channel, it was a lower rate of speed. Mr. Kennish agreed and said it was not a fast rate through there.

Director Shawver pointed out that the structure would not be in the floodway. He suggested that this variance was the minimum necessary to meet Mr. Kennish’s needs. He suggested this was a good sufficient cause being an agriculture structure and failing to grant the variance would result in an exceptional hardship to the applicant.

Director Shawver asked Mr. Kennish if the Board were to deny his variance request, what would he have to do. Mr. Kennish said they would have to work out in the rain, sand blowing, and the wind. It would be 10 miles back to Ashland taking at least an hour to get the equipment to the site one way. Director Shawver asked if he was aware that if the variance was granted and he applied for flood insurance it would be more expensive. Mr. Kennish said he did not plan on asking for flood insurance.

Director Shawver stated that the property was in the Missouri River bottom, the bluff is approximately 3/4 mile to the east and in Moniteau County it was 1.5 miles to the bluff and the river runs right against the bluff. Roughly there was an area that was 2.5 miles wide bluff to bluff. This would be a wide expansive flood area. That is one of the things the regulations look for and there is no alternative location to build the structure.

Director Shawver asked if this would be used only for agriculture purposes. Mr. Kennish advised correct, as a farm shop. Director Shawver asked what the materials would be made of. Mr. Kennish said three feet (3’) of concrete, approximately 12’ of steel, and " I" beam posts. The reason why he went to steel was that it was an arson case and feared they would come back and set a fire again. He was trying to make it as fire proof and as strong as possible. The I beams will be bolted and sunk into the ground. Siding and roof would be sheet metal. Director Shawver asked if there would be any plumbing in the building like a toilet. No, Mr. Kennish answered. Any heating or air-conditioning in the building? Nothing at present time, they might install a wood stove to knock off the chill.

Director Shawver said the National Flood Insurance Program requires the three ft. (3’) retaining wall will need to have opening to allow water to get in and out. Mr. Kennish said yes and asked what kind of doors did he have to have. Director Shawver said he understood the doors needed to have floats on them which would automatically lift. FEMA would be looking for openings between the concrete and the metal. One square inch for every square foot of floor space to allow the water to get in and get out. In talking about base flood information, (theoretically the height of the flood) if the height of the mound is higher than 575’, then Mr. Kennish would not have to worry about it. If it is less than 575’, then he would have to do some wet flood proofing which is the opening for the water to get in. Mr. Kennish was questioning the 575’, where did that number come from? Mr. Yonke said it was elevation above main sea level.

Director Shawver asked if Mr. Kennish ever had an elevation shot on the site? He said yes, but he could not find it right now.

Director Shawver said the staff fully supports the issuance of this variance. Mr. Kennish showed pictures of the barn that had been on the property. The barn would be smaller but similar to the one in the picture.

Chairperson Kirkpatrick asked Mr. Kennish for his name and address for the record. Mr. Robert Kennish, Jr. 705 Redwood Drive, Ashland. Stan Shawver, Director advised his offices were at 801 E. Walnut, Rm. 210, Columbia.

Open to public hearing.

Joel Bullard, 13595 Hwy. 63 South, Ashland addressed the board. He stated his property was adjacent to Mr. Kennish only separated by a county road. He did not know anything of the FEMA regulations but what he did know was that Mr. Kennish did need his barn. It serves the purpose of getting in and out of the rain. Someplace for the neighbors to get in and out of the rain, to visit, and sometimes make a telephone call. Mr. Bullard said he came to testify on his own, Mr. Kennish had not asked him to step forward.

He has a large farm in the river bottom. He has equipment, tractor, tools and down there working with no place to put it. He added Mr. Kennish would not even have been in this position if it had not been for vandals that torched his building and burnt it down.

Closed to public hearing.

Member Trabue stated that Director Shawver had address all his questions regarding the regulations. Mr. Kennish wanted to speak a little about the vandals. He said he had allowed a couple of RV campers to hook up to the electricity at no cost. One night they went to town and stopped up on the road. There maybe as many as 40 to 50 people and sometimes as many as 100 are there. This particular night there was an incident and one of the workers was hit with a flashlight which took 37 stitches to sew him up. Charges were filed but not in time before the fire. Items like welders, air compressors and things had been missing but then the vandals finally stole some siding from a contractor in Ashland which had serial numbers and they caught him. Since then they have not had any thefts or vandalism.

The one involved with the flashlight incident moved his camper out before the vandal came down and set the wrong camper on fire. The fire jumped three feet (3’) and the barn caught on fire with the tractors, combines, trucks and supplies .

Member Trabue asked staff that if the variance was granted, were all of the requirements built in to the ordinance and the Board would not have to be specific on the motion. Director Shawver said a Flood Elevation Certificate needed to be completed showing the lowest elevation of that structure. It may be a design factor because if elevation is reached before construction, Mr. Kennish may not have to do the wet flood proofing. The last community action visit FEMA found four (4) structures that were permitted permits in the floodplain and did not have Flood Elevation Certificate. The county was then required to have the Flood Elevation Certificates done and pay the cost.

Chairperson Kirkpatrick said his only concern was that he questioned if this site was the best and essentially the only location to place the structure servicing the need. He said his concern had been answered very clearly in the description of the trip back and forth to Ashland. Chairperson Kirkpatrick wanted Mr. Kennish to understand that it was not just the requirement of the County for the variance and Flood Elevation Certificate but the federal regulations also.

Member Trabue made and Member Kaufman seconded motion to approve the request of Robert Kennish, Jr. to build an agricultural structure in the floodplain with the stipulation that the Flood Elevation Certificate be properly prepared.

Tom Trabue yes Jerry Kaufman yes

Linda Rootes yes Keith Kirkpatrick yes

Motion to approve was unanimous. 4 yes


Being no further business, meeting was adjourned at 7:30 p.m.

Respectfully submitted,



M. Noel Boyt



Minutes approved the 26th of June, 1997.