Thursday, January 8, 1998

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

Present: Tom Trabue, Chairperson

Linda Rootes, Vice Chairperson

Keith Kirkpatrick

Jerry Kaufman

Absent: Norma Keil

Also present: Stan Shawver, Director Thad Yonke, Staff

Noel Boyt, Secretary

Member Kirkpatrick made and Member Rootes seconded a motion to approve the minutes of December 4, 1997, meeting with no corrections.

Motion passed by acclimation.

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.


Richard and Patricia McFarland Sr. request a permit for mobile home as a second

dwelling for a family member on 2.5 acres located at 7304 N Wagon Trail Rd., Columbia.

Director Shawver gave staff report stating that this property is located 2.5 miles north of the Columbia city limits. The property is zoned A-R and all of the surrounding property is zoned A-R. This tract consists of two and a half acres with a mobile home on the property that the McFarland’s reside in. The original zoning on this tract is A-R. There have been no previous requests submitted on behalf of this property in the past. The variance request is a mobile home as a second dwelling on a hardship basis. Staff notified 14 property owners.

A letter of support was received from Mark Stevenson, property at 7530 Wagon Trail Rd. Director Shawver presented it to the Board for their review.

Richard L. and Patricia McFarland, 7304 Wagon Trail Rd., approached the Board. Mr. McFarland said they were requesting permission for another mobile home to be placed for their grand-daughter. She and her husband could assist in any treatment. Mr. McFarland said he had had a heart transplant. Prior to that he had a stroke that left his left hand and side useless. He has glaucoma and having the strokes impaired his vision even more. Then after his second stroke he lost eye site in half of his left eye.

He has a narrowing in his spinal column that is causing more problems in his legs which he could handle until the stroke effecting his left side. He needs assistance putting on a girdle. The doctors can not operate because of the medicine he is taking.

Patricia McFarland said their grand-daughter had medical training and could help in ways she can not.

Open to the public. No one spoke in favor of the request.

Scott Campbell, 7310 N Wagon Trail Rd., immediately to the north of this site spoke up. He opposes the request. Mr. Campbell said Mr. McFarland did have medical problems but he thought the better choice was to have the grand-daughter move in with them into their two bedroom mobile home. Mr. Campbell was concerned about the property size where limitations would be placed regarding their wastewater system, being a lagoon or septic.

Chairman Trabue asked Mr. Campbell to show the Board his property on the map. Mr. Campbell asked that if a variance was granted would Mr. McFarland build his own bridge. He said that if Mr. McFarland puts in their own utilities for the second dwelling that they build their own bridge so he could fence his own property.

Member Kirkpatrick asked what was the purpose of the bridge? Mr. Campbell said it was the McFarland’s access. He said they had shared a common drive. Mr. Campbell sold his easement and put in his own road. He wanted to put in a fence and enclose his property.

Mr. McFarland said he had no objection if Mr. Campbell went home tonight and builds his fence. Mr. Campbell said it would be extremely tight.

Mrs. McFarland asked what was in need of repair she heard earlier? Director Shawver said it was information received from Mr. McFarland that he needed to remodel the trailer. Mrs. McFarland said it was a beautiful trailer, it just needed the underskirting repaired.

Mrs. McFarland said the second dwelling would be a temporary thing and should not effect Mr.

Campbell’s property value.

Mr. McFarland said he was particular about his property and it all would be kept in good repair. The grand-daughter is not excited about moving in but they know they are needed.

Closed to public hearing.

Member Kirkpatrick asked what year the mobile home would be? Mr. McFarland stated 1980.

Question for the staff, if there had been any investigation to placement of the wastewater on the property or not. Director Shawver said the Health Department had not done a pre-site investigation. They will still have to meet the Health Department regulations regarding lagoon or septic system.

Mr. McFarland said there was no spot for a lagoon. Mr. Crooks from the Health Department had suggested a septic tank system. The septic would be more expensive but the septic tank could be switched and used by the first dwelling later in stead of the existing lagoon.

Member Kirkpatrick asked if any other relatives live in the vicinity. Mr. McFarland said he had a son that lived at the end of the road, within 200 yards.

Member Rootes asked if his son lived by himself? Mr. McFarland said he was married and both of them work.

Member Kirkpatrick asked if the grand-daughter would be living there by herself? Mr. McFarland said no, she had a husband that worked and she stayed home. No children at present but she is pregnant.

Member Kirkpatrick asked if Mr. McFarland felt his son and wife could not provide the assistance needed? Mrs. McFarland said no, he is pretty independent.

Member Rootes asked if they lived in a house or a mobile home. Mr. McFarland stated mobile home.

Member Rootes asked if the new mobile home would go over the bridge? Mrs. McFarland said if they put the bridge in, it would hold it.

Member Kirkpatrick said that the bridge access was not a concern of the Board.

Director Shawver asked the McFarland’s if they understood that if the variance was granted, that it would be temporary, for two years. It could have to be renewed, but they would have to come back in front of the board and it could be revoked. Mrs. McFarland said they understood.

Mrs. McFarland said they (the grand-daughter) would not want to live by them for ever. Mr. McFarland put one post in for the chain link fence he was putting up. That was when he found out about his back problem. There is only a corner part of the bridge involved, about 1/3 of the bridge. Mr. McFarland stated that if Mr. Campbell wanted to put the fence up they would still be able to drive back and forth with no problem.

Member Kirkpatrick said he did not question the medical problems Mr. McFarland described, or that the applicant needs assistance from someone. He was troubled that the son lived practically next door . . . . .

"You wouldn’t if you knew him," Mrs. McFarland said. She asked Mr. Campbell if that was not right and he answered that was totally right.

Member Kirkpatrick said that is apparently not the case. Chairman Trabue said his concern was if the sewage could be treated right but the Health Department would deal with that.

Mr. McFarland said the Health Department was scheduled to come out but then he "got thinking" he did not want to spend a lot of money if the variance was not approved. Mr. Crooks suggested to do a perk test and gave him some names to call.

Mr. Campbell spoke up and said the property was in a flood plain area. The McFarlands’ were surprised. Chairman Trabue said if that would be an issue, the Planning and Zoning Department would be able to help.

Member Kirkpatrick made and Member Rootes seconded the motion to approve the variance request for a permit by Richard L. and Patricia McFarland Sr. for a mobile home as a second dwelling for a family member on 2.5 acres, located at 7304 N Wagon Trail Rd., Columbia, for a period of two years.

Keith Kirkpatrick yes Linda Rootes yes

Tom Trabue yes Jerry Kaufman yes

Motion to approve was unanimous. 4 yes



Member Rootes made and Member Kirkpatrick second motion to table the renewal of Chad and Kimberly Lebsock until further notice.

Motion passed by acclimation.

Being no further business, meeting was adjourned at 7:29 p.m.

Respectfully Submitted,


M. Noel Boyt



Minutes approved 22nd, day of January, 1998.