Thursday, April 23, 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

Keith Kirkpatrick

Norma Keil

Absent: Linda Rootes, Vice Chairperson

Jerry Kaufman

Noel Boyt, Secretary

Also present: Stan Shawver, Director and acting secretary

Thad Yonke, Staff Bill Florea, Staff

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.

Member Kirkpatrick made and Member Keil seconded a motion to approve the minutes of January 22, 1998,

meeting with no corrections.

Motion passed by acclimation.



Request by DDM Investments, Inc. and Daniel M. Burks for a variance

from the right of way requirements specified in Appendix B, Section 2.2

of the Boone County Subdivision Regulations, for property located at

900 W Obermiller Rd., Columbia, being proposed Oberlin Valley Plat 4.

Director Shawver gave staff report stating that the property was located approximately 1/2 mile north of Columbia on Obermiller Road. The property is zoned R-S (single family residential) as is all of the surrounding property. The original zoning for this tract is R-S. Plat 1 of Oberlin Valley encompassed 2.83 acres of land that was approved in April, 1990. The preliminary plat of the remaining land (approximately) 75 acres was submitted in September 1990. In March, 1991 Oberlin Valley Plat 2 was approved which included lot 30 as shown on the proposed Plat 4. Plat 3, including the lot shown as 8A of Plat 4, was approved by the Planning and Zoning Commission in March, 1996 but has not been recorded pending completion of infrastructure. In September 1998, the County Commission approved the vacation of lot 30 and permitted the preparation of plat 4, being the replat of lot 30 from plat 2 and lot 8 A which was plat 3, lot 9.

Planning and Zoning Commission approved plat 4, which was the replat, in November, 1997 contingent on providing all required right-of-way.

Mr. Shaqwver asked the board to take notice of Boone County Missouri Land Use Regulations, Chapter 1, Subdivision Regulations, which are a part of this record. Accordingly, Appendix B, Section 2.2 of the Subdivision Regulations requires a 100’ right-of-way for arterial streets located in an urban service area. Developers that only own land on one side of the arterial are required to give 1/2 of the required right-of-way. The developer has given 50’ along the majority of the plat, however, they want to limit their dedication to 33’ at the east end of the plat.

A copy of the major thoroughfare plan was presented to the board, showing that Obermiller Road is indicated as an arterial road.

Staff is required to make a recommendation on all variances before the Board of Adjustment. The staff recommends that this variance be denied.

Gene Basinger, land surveyor, 300 St. James, and Dan Burks 9900 Obermiller Road came forward. Chairman Trabue asked if the applicants wished to continue or wait until all 5 members were present at a future meeting? The applicants indicated that they wanted to make their presentation at this time.

Mr. Basinger showed the 1991 subdivision plat that was approved including lots 2a, 3, and 4 along the old Obermiller Road. They actually gave right-of-way 50’ from the section line instead of 50’ from the center of the road which would be approximately 60’ of right-of-way. In 1997, they proposed to replat lot 30 and the small narrow lot to the east. In the meantime, the county came along and rebuilt Old Obermiller Road and acquired more right-of-way having 30’ from the center line. To replat they had to have 50’ back from the new existing center line. The problem is not in giving the right-of-way, but it moves the building line. The one lot makes it critical to have enough room for a building site. That is why they were asking for a variance.

Open to the public. No one spoke in favor or opposition to the request.

Director Shawver submitted a letter from Frank Abart, Director of Boone County Public Works for the record.

Chairman Trabue said a Ms. Putnam had called him. She owns property immediately south of the proposed property and was against the request. Mr. Bassinger asked if she gave any reasons? Chairman Trabue stated she thought the applicant should follow the subdivision regulations.

Mr. Bassinger said they were not arguing about the subdivision regulations because they are clear.

Closed to the public.

Member Keil said unfortunately she had not driven by the site. She asked if they did not have enough room to place a building on the property? Mr. Bassinger said is was not the room, it was the drive. Member Keil asked if he had any photographs? He said no.

Chairman Trabue said he hated to see the precedent of asking for right-of-way variance. He thought it sets a bad precedent. Chairman Trabue said he was very supportive of the Subdivision Regulations and providing the right-of-ways for roads. He visited the site today to see if there was a hardship unique to the property. he observed that if the house was to be as close to the front property line as platted, then it would be 17’ closer to the roadway than any of the other houses along that strech of road.

Member Kirkpatrick agreed with a lot of what Chairman Trabue said. He said the only grounds to grant the variance was that the applicant would incur unreasonable and unnecessary hardship if not granted. He said he could see the applicant’s point, but could not see it as a hardship. His suggestion was to provide a right-of-way as requested and then at such time as the lot is built on, ask at that time for a variance from the setback requirements.

Member Kiel said she felt it should be settled now and not have a variance later. Member Kirkpatrick said the issue could be settled now but thought there could be another approach.

Gene Basinger spoke up and said they had another platted lot and could drop back and just replat lot 30. As far as a hardship they were trying to make them pretty nice sized lots. Other wise they could still do it and not give up the right-of-way.

Chairman Trabue said he concurred that it would be nice to have three nice lots than to leave the less desirable lot. He liked Kirkpatrick’s idea. Administratively he felt real uncomfortable sacrificing the right-of-way requirements for plats. He felt the line of vision of the other homes along there was 85’ from road and this would be 50’ which would make a tremendous difference if Obermiller Road turned in to a Nifong Blvd.

Member Keil asked why the county decided to curve the road there? Chairman Trabue said some of the curves were topographic and some for right-of-way concerns. He was not sure of this particular part of the road but further to the west they did have to move the road and it added some curves.

Chairman Trabue asked what size were the lots with the current acreage? Mr. Basinger said they were about half acre lots.

Chairman Trabue said he did not know if he could support a setback variance. But that was not the request before them.

Member Keil said it was unfortunate that Boone County would change the road like that unless there was some specific reason they did not know.

Member Keil made and Member Kirkpatrick seconded motion to DENY the request by DDM Investments, Inc. and Daniel M. Burks for a variance from the right of way requirements specified in Appendix B, Section 2.2 of the Boone County Subdivision Regulations, for property located at 900 W Obermiller Rd., Columbia, being proposed Oberlin Valley Plat 4.

Norma Keil yes Keith Kirkpatrick yes Tom Trabue yes

Motion to deny was unanimous. 3 yes



Director Shawver said there were no scheduled reviews until June, 1998.





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

Respectfully Submitted,



Stan Shawver

Acting Secretary

Minutes approved 28th of May 1998.