BOONE COUNTY BOARD OF ADJUSTMENT
BOONE COUNTY GOVERNMENT CENTER
801 E. WALNUT ST., COLUMBIA, MO.
Thursday, September 26, 1996
Chairperson Kirkpatrick, called the meeting to order at 7:00 p.m. in the Chambers of the Boone County Government Center having a quorum present.
Roll call as follows:
Present: Keith Kirkpatrick, Chairperson
Tom Trabue, Vice Chairperson
Also Present: Stan Shawver, Director
Thad Yonke, Staff
Noel Boyt, Secretary
Member Trabue made and Member Keil seconded a motion to approve minutes of August 22, 1996. Motion was approved by acclamation.
Chairperson Kirkpatrick 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 a part of the record of the proceedings.
Request by Bryan and Melissa Pemberton for a permit to allow a mobile home as a
second dwelling on 9.48 acres located at 14871 N Oak Grove School Rd., Harrisburg.
Director Shawver stated the property is located approximately 3 miles east of Harrisburg, on Oak Grove School Rd., just north of Hwy. 124. The property is zoned A-2 (Agriculture) and all the surrounding property is zoned A-2. There is an existing house on the property. The applicants are requesting a permit to allow their grandparents to place a 1996 mobile home on their property. There have been no previous requests submitted on behalf of the property either before the Planning and Zoning Commission or the Zoning Board of Adjustment. They are requesting a variance under Section 15C. (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." They stated hardship is for health reasons. We notified 22 property owners.
Bryan and Melissa Pemberton, 14871 N Oak Grove School Rd., Harrisburg addressed the Board. Mrs. Pemberton wanted to make a correction of the year of the mobile home, it would be a 1997 model.
Mrs. Pemberton continued that her husband’s grandparents were ill. The grandfather was terminally ill and needs much assistance. His grandmother also has health problems. Where they are at now, it takes time to be able to reach them during the day or night.
Chairperson Kirkpatrick said their were some statements submitted for the record that were marked confidential. He asked if they were aware of the reports. Mrs. Pemberton acknowledged.
Open to the public.
Bob Pemberton, Bryan’s father stated he lived about 1/4 of a mile from the site. He said having the grandparents on Bryan & Melissa’s property would allow all four of them to assist in their care.
Suzanne Snell, 17000 N Willet Rd, Centralia spoke up from the audience. She said she was not related to the applicant but it sounded like a good request.
Charles Wilson, 6205 N Wagon Trail Rd., Columbia, was in favor of the request.
No one spoke in opposition to the request.
Member Keil asked Director Shawver if there was any problem with the placement of the mobile home. He advised no. It looked like it would fit on the property and meet the setbacks and have adequate room for the wastewater facility.
Chairperson Kirkpatrick asked if there was adequate room for the lagoon, the drawing looked too close to the property line. Director Shawver stated yes, there was room.
Chairperson Kirkpatrick told the applicants he appreciated the medical statements and documentation submitted for the request.
Member Trabue made and Member Keil seconded a motion to approve request by Bryan and Melissa Pemberton for a permit to allow a mobile home as a second dwelling on 9.48 acres located at 14871 N Oak Grove School Rd., Harrisburg, to be granted for a period of two (2) years, for health reasons.
Member Trabue noted there was not much discussion on the request due to the substantial medical documentation submitted with the request.
Voting as follows:
Tom Trabue yes Norma Keil yes
Keith Kirkpatrick yes Jerry Kaufman yes
Linda Rootes yes
Motion for approval was unanimous. 5 yes
Request by Larry E. Brown for a permit for a mobile home as a second dwelling on
10 acres located at 8650 N Rte Z, Centralia.
Director Shawver stated the property was located on State Rte Z, approximately 5 miles northeast of Columbia and 11 miles south of Centralia. There is an existing house on the property. The property is zoned A-1 (Agriculture) as is all the surrounding property. This request is to allow a family member to place a 1996 mobile home on the property. There have been no previous requests on behalf of this property before the Planning and Zoning Commission or the Zoning Board of Adjustment. This request is similar to the preceding one, as it is Section 15C. (4)(d) of the regulations: "To permit, in case of practical difficulty or unnecessary hardship, for a period of two (2) years, the location of a mobile home on a lot." Application indicated that there are health reasons involved with the request. Staff notified 13 property owners.
Larry Brown and Rebecca McNealy of 8650 N Rte Z, Centralia, addressed the Board. Mr. Brown read a statement for the record. He requests that the variance be granted in this situation for the following reasons. "A disabled relative is on a limited budget with three children ages 4, 3 and 14 months. This individual is in need of constant assistance due to her physical disability. She is not able to stand more than one hour and can not walk more than two aisles in a grocery store, nor sit more than one and half hours without elevating her foot or leg due to her disability. She does not have transportation or a driver’s license. She is unable to care for or supervise her three children due to her disability. One child is hyper active, and one other has been diagnosed as such, thus requiring constant supervision. Due to her disability she is unable to properly care for them."
Mr. Brown continued that "Individual is on limited income therefore unable to provide usual resources such as daycare without relying on family for support. Individual is unable to shop or do various other duties associated with normal upbringing of the children. Unless variance is granted it creates a hardship for Mr. Brown and his girlfriend. He works two (2) job and girlfriend cares for three (3) teenage children but does not work, thus being able to assist in care of said individual with the teenager’s help. Trips back and forth to town due to location of where he lived would be cost prohibited. One child has to be driven back and forth to Columbia to his job, because he does not have a license. All other responsibilities involved with the teenagers in school and activities would be a great advantage if individual’s siblings would be at same location.
Mr. Brown said they received documentation concerning the medical history just that day. Copies were passed out to the Board and for the file. Mr. Brown showed photographs of the acreage, trailer and surrounding properties. Mr. Brown said his request for the variance was not for her but for the kids. They are hyperactive and they need the supervision.
Chairperson Kirkpatrick asked if the medical documentation was for Ms. McNeally? Mr. Brown agreed. He asked if she currently lived on the property? Mr. Brown said Ms. McNealy is staying with them, she moved down from New York with the kids, so there is a total of 10 people living in his house. Mr. Brown said he built a house on the property, and the mobile home would be for Ms. McNealy and her three children.
Open to the public. No one spoke in favor or opposition to the request.
Member Trabue asked about the family relationship. Were they related? Mr. Brown said yes, Ms. McNealy is his half sister. Mr. Brown said he was adopted at two years of age and did not know his real family until he was 23 years old.
Chairperson Kirkpatrick stated the Board was allowed to grant variances in cases of practical difficulty or unnecessary hardship. And the hardship is that Ms. McNealy and children need a place to live? Ms. McNealy said yes.
Member Keil asked who was living in the house, a total of 10? Mr. Brown said he and his girlfriend with three children, and then Rebecca and her three children totaling nine (9). He apologized for the count being wrong.
Member Trabue asked about the site map. He asked about the proposed wastewater system, would it be a lagoon? Mr. Brown said they were considering a lagoon or a septic tank.
Member Rootes said she had driven by the site and thought the property was very attractive for the neighborhood and noticed the other mobile homes in the area. From the street the back acreage where the mobile home will be placed could not be seen.
Chairperson Kirkpatrick asked if the current house faced the road? Mr. Brown stated the front is actually the back side of the house since it is an earth contact home.
Chairperson Kirkpatrick stated that if the variance was approved it would be for a "maximum" of two years.
Ms. McNealy stated that the doctors have tried to operate on her leg twice, and the valves, what it is that the blood circulation goes down in her leg, but the valves in the bottom of her leg is totally messed up. It does not push the blood back up and it stays completely swollen. The more she is on her feet the more it swells and eventually will be in a wheelchair because her skin will only stretch so much and take so much before skin becomes numb.
Director Shawver handed Chairperson Kirkpatrick a print out from Social Security Administration that recognizes Ms. McNealy’s disability. He stated that he had held it back because there had been no medical evidence to support it until this hearing.
Mr. Brown stated the whole gist of the medical records was in the bottom paragraph of the first page.
Member Rootes made and Member Trabue seconded a motion to approve the request by Larry E. Brown for a permit for a mobile home as a second dwelling on 10 acres located at 8650 N Rte Z, Centralia for a period of two (2) years for health reasons.
Voting as follows:
Linda Rootes yes Tom Trabue yes
Norma Keil no Jerry Kaufman yes
Keith Kirkpatrick no
Motion for approval was granted. 3 yes 2 no
Chairperson Kirkpatrick stated the variance was granted for two (2) years. A review would be done at the end of two years.
Review permit issued to Charles Wilson for a mobile home as a second dwelling
located at 6205 N Wagon Trail Rd. (first granted April 1986).
Director Shawver gave staff report stating the property was located on Wagon Trail Road. Approximately one (1) mile north of Columbia. The property is zoned R-M (Moderate Density Residential) which is the same zoning for the surrounding area. There is an existing house on the property. The permit was issued in April 1986, to allow Mr. Wilson’s mother a place to live. Mobile home was placed on the property at that time, 1.22 acres are involved. The permit has been renewed every two years. This is the standard renewal.
Charles Wilson, 6220 N Wagon Trail Road addressed the Board. He stated everything was pretty much the same. His mother’s health is declining as she grows older. She has some heart problems. It is nice to have her close where he can help her as needed. Like everyone else he hopes she does not get any worse and lives forever.
Chairperson Kirkpatrick asked Director Shawver if any statements had been made by the neighbors?
Director Shawver stated none.
Mr. Wilson stated he was fortunate to have such good neighbors.
Member made Keil and Member Trabue seconded a motion to renew permit issued to Charles Wilson for a mobile home as a second dwelling located at 6205 N Wagon Trail Rd. (first granted April 1986) for a period of two years.
Voting as follows:
Norma Keil yes Tom Trabue yes
Linda Rootes yes Jerry Kaufman yes
Keith Kirkpatrick yes
Motion to approve was unanimous. 5 yes
Review permit issued to Gary Boyce for a mobile home as a third dwelling located
at 17000 N Willet Rd., Centralia (first granted August 1994).
Director Shawver gave staff report stating that Mr. Boyce’s property was located on Willet Road, approximately one and one half (1 1/2) miles north of Hallsville. The property is zoned A-2 (Agriculture) as is all the surrounding property. This request was to add a third dwelling for a family member on 80 acres. There were two mobile homes on the property at that time. There is an old house but it is not habitable. The Board approved the request for the third dwelling. Staff notified 13 property owners. Only one call was received stating that she thought any one on 80 acres should be able to do what they want.
Gary Boyce, Jr., 17000 N Willet Rd., approached the Board. He stated taxes were paid on a total of 92 acres. He said he was not aware that when the trailer was placed, the permit needed to be renewed every two years. Unless he had a junk yard or an eyesore why did it have to come before the Board again? Chairperson Kirkpatrick said they would address the question.
Director Shawver said it was part of the original motion. The Board has the opportunity to grant permits for mobile homes on a hardship basis. Specifically, the two that were granted tonight, and the previous renewal were granted on the basis of a hardship. However, the zoning regulations specifically say that a "farm" may have two dwellings, by right. Additional dwellings can be added for family members or people employed on the farm provided a variance is granted. It is the Board’s prerogative whether such a permit is issued for one year, two years or granted permanently. A property owner with enough land to be considered as a farm always has the option to split the property either by "Family Transfer" or Administrative Survey or any other mechanism to eliminate the need to come before the Board.
Chairperson Kirkpatrick asked if this was being viewed as a third (3rd) dwelling. Director Shawver stated that correct. He asked how many dwellings were being occupied by family? Mr. Boyce advised that all three are family members. Grandparents in one, his mom next door and he lives in one. Additionally, two of the three are land owners. His grandparents own half, and his mom owns the other half of the land.
Member Keil asked what would be necessary for the variance not to be reviewed? Director Shawver explained that the Board can grant a new permit on a permanent basis, eliminating the need for any future reviews. Director Shawver advised if they wanted to replace any of the mobile homes, they could remove the older one and replace it with a newer model, still having a total of three dwellings. A fourth or fifth dwelling could not be added without splitting the property or coming back before the Board. Member Keil asked if later, they chose to rent out a trailer, could it be done? Director Shawver said technically the regulations would say it has to be for a family member or an employee on the premises. But, unless someone complained and provided evidence, we do not go out and look for violations such as this.
Member Rootes asked if the old mobile home had to be removed or could it be converted to storage? Director Shawver said it could be converted to storage. It could not be used for residential purposes.
Chairperson Kirkpatrick said that rereading the minutes it was that the mobile home was to be occupied by the applicant and his family. That was the purpose for the two year review. The point of concern was that a family member reside in the trailer and be reviewed.
Director Shawver wanted to expand on the minutes. He said he should have provided the full set of minutes. There were a number of requests that month that were all very similar. There was a member of the audience that questioned every single issue. He kept reiterating that mobile home should be allowed only in mobile home parks. By the time this request was heard, he thought the Board was concentrating on family members only and that each permit would be reviewed. Director Shawver thought had that member of the audience not been there harping on those issues, he did not think the Board would have placed a two year review on the request.
Chairperson Kirkpatrick stated he did remember the hearing and remembered the individual who was objecting to mobile homes in general. He did take part in more than one of the public hearings that evening. Chairperson Kirkpatrick said he had made the motion and had to be honest, he could not recall any prejudice one way or the other on why it should be the applicant and family members only.
Open to the public.
Susan Snell 17000 N Willet Road, addressed the Board. She said she owned half of the property the trailer was on. She was in favor of it staying the same as it is without any more reviews. She stated it was an inconvenience for Gary to attend the meeting tonight. He drives a truck and had 30 stops taking him to Camdenton and barely make it back to Columbia for the meeting. She said nothing had changed and did not plan on anything changing unless maybe updating the mobile home. She did not see the point in reviewing it every two years.
Dan Snell, Susan Snell’s husband addressed the Board. Mr. Snell stated that Gary would not be renting out the trailer because they personally did not want renters on the property.
No one spoke in opposition.
Gary Boyce stated that when he moved from the trailer park to the farm it was with the understanding that he would assist with the maintenance. With his mom and step-dad both working, he tries to keep the 92 acres cleaned up.
Chairperson Kirkpatrick asked Ms. Snell if she would be in favor of doing away with the review period. Ms. Snell said she was not aware of the review since the papers were sent to Gary. She thought we would check on things in a year and when she did not hear anything she thought it was then permanent.
Member Keil stated her personal feeling was that with 80 acres she had no problem with it being there permanently.
Member Trabue thought it would be very fair in this circumstance to grant a permit for a third dwelling with no review. Member Trabue apologized for wrong terminology.
Member Rootes asked if the property was sub-divided in the future, would that have any implication on the number of dwellings on the property. Director Shawver if they separated all the property but left the three dwellings on a smaller piece of ground (maybe 5 acres), he would view those as "Grandfathered" on site. If one would be removed for 12 months they would not be able to replace it, but it is difficult to predict what the future may hold. The regulations could change in this regard.
Member Rootes asked if on the 80 acres as it stands now if Gary moves his trailer and is gone would he loose his right to move back. Director Shawver said if a variance was granted for the third dwelling, they have a variance for a third dwelling as long it is used in accordance by the regulations; family member or employee on the premises, it is for the 80 acres. Member Rootes asked if it was removed for five (5) years and brought it would be all right. Director Shawver said that was correct.
Member Trabue stated the last question was very appropriate. That could have a tremendous bearing and they did not know what the future holds. Once they are there --they are there.
Gary Boyce asked what if the permit was denied, and he did not have the money to move it, nor the means or time off from work. What would happen.?
Director Shawver stated he did not think the Board was looking at the question to deny the permit, he thought they were debating on whether to grant it permanently or for another two years. If it was not renewed and remained on the property the trailer would be in violation and turned over to the Prosecuting Attorney. It would be up to their office on how to proceed.
Member Keil stated she had no problem with three dwellings on 80 acres since this is all family.
Member Keil made and Member Kaufman seconded a motion to renew a permit issued to Gary Boyce for a mobile home as a third dwelling located at 17000 N Willet Rd., Centralia permanently for a family member only.
Member Trabue stated by the regulations the 3rd dwelling would have to be by family member but the other two dwellings could be occupied by employees of the farm. Director Shawver stated yes.
Member Rootes asked if there was any reason to restrict the 3rd welling to family members only when the other two are not. Member Keil said tonight they could only deal with dwelling No. 3 and not either of the other two. Member Rootes asked if there was a reason to restrict dwelling three to a family members when the other two are not. Member Keil stated here reasoning was that mother and son had an agreement, it was a family thing. She stated that was her reasoning and her motion.
Voting as follows:
Norma Keil yes Jerry Kaufman yes
Keith Kirkpatrick yes Tom Trabue yes
Linda Rootes yes
Motion carried unanimously. 5 yes
Being no further business the meeting was adjourned at 8:03 p.m.
Noel Boyt, Secretary
Approved October 24 , 1996.