7:00 P.M. Thursday, March 27, 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

Linda Rootes

Absent: Norma Keil

Jerry Kaufman

Also present: Stan Shawver, Director

Thad Yonke, Staff

Noel Boyt, Secretary


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 part of the record of the proceedings.


Request by Betty Gallup to place a manufactured home as a second dwelling on

4.57 acres located at 2308 E Calvert Hill Rd., Columbia.

Director Shawver gave staff report stating that the site was approximately 3 miles north of the Columbia city limits and is 1.5 miles east of Hwy. 63. There is a mobile home on the site that is occupied by the applicant and a dilapidated mobile home on the property at this time. The applicants are requesting a variance from

Section 4 A (5) "Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one main building on a lot except as otherwise provided in this ordinance."

Property is zoned A-2, original zoning and there have been no request for change of zoning. July 1986, the applicants submitted a request for Conditional Use Permit (CUP) for a mobile home as second dwelling on 9.2 acres to be occupied by her daughter and son-in law (Dennis and Cindy Hunt -- The 9.2 acres included in that request were tracts marked 16 and 17 on the attached map. Tract 17 was subsequently deeded back to Elmer Gallup (applicants father) who then transferred the property to Kay Burks). The Conditional Use Permit was granted by the County Commission and is still on the adjoining property. Staff notified 23 property owners.

Chairperson Kirkpatrick asked Ms. Gallup if she understood the announcement he had made earlier. The Board consists of 5 members and only 3 were present. If she wanted to proceed tonight, she needed to get all three of their votes to approve her request. Ms. Gallup asked family members in the audience to continue or not. She advised the board she wanted to be heard and not to wait.

Ms. Betty Gallup, 2308 E Calvert Hill Road, owner stated the storage trailer on the property would be disposed of completely. She wanted family member closer and under some supervision. She had submitted two physician scripts explaining about her health. During the summer months she has numerous insulin reactions because of her sugar levels fluctuating due to the heat. There are periods of time where she is lost and does not know where she is, it is like she is lost. With the kids there to check on her, they could take care of her. The neighbor lady was not across the road anymore to rely on her.

Open to public hearing.

David Gallup, 314 Brown Avenue, Hallsville, son to applicant came forward. He said that during the summer she does have insulin reaction. There had been times when he had to rush her to the emergency room. His employer now is a developer where he is now constantly out of town.. His brother who works at Stephens College could check on her more often.

Stacey Davis, 2155 Calvert Hill Road, a close friend to the family approached the board. She said she had been a friend for 13-14 years. She had witnessed Ms. Gallup go into insulation reactions where she did not know where she was nor who anyone was around her. Ms. Davis said someone needed to be close to Ms. Gallup incase she did need immediate attention.

Earnest Black, Jr., 2102 E Calvert Hill Road, nephew of Ms. Gallup. He stated that if the request was granted, the new home would clean up the property. They would get rid of the old trailer.

Darren Gallup, 22 Anita Court, Columbia, son who would be on the property with his mother addressed the board. He is aware of his motherís condition and what to do. He wanted to be there in case of any emergency.

Fonda Gallup, 314 Brown Avenue, daughter-in-law stepped forward. She had been present on different insulation reactions, some resulting going to the hospital. She thought Ms. Gallup should have someone close to be able to be there for her.

Cindy Hunt, 2310 E. Calvert Hill Road, daughter to Ms. Gallup. She said her husband worked all different hours as did she. Their teenage daughter is in track and works so they are on the road and not able to watch over Ms. Gallup.

Opposed to the request.

J. D. Montaque, 1936 Miller Hill Road, said he was concerned about the area. He wanted the property cleaned up and vehicles removed first before any trailer moved in.. He added it would be great to have her kids move in.

Ada Gallup, 22 Anita Court, Columbia, Darrenís wife, stepped forward. She said they had every intention of cleaning up the property. Their main goal was to be there for her.

Chairperson Kirkpatrick said he had gone by the property and noticed the storage trailer (white burned out), a couple of disabled vehicles and other trash in the area. He was glad to hear the family would be willing to clean up the area or he would not be willing to even consider the request. Mrs. Gallup said they were going to demolish the old trailer and haul it off along with the "other stuff with it".

Chairperson Kirkpatrick asked staff if the size of the lot was adequate to handle the wastewater? Director Shawver stated that 4.5 acres should be big enough to handle the wastewater. It may be necessary to obtain easements for the proper disposal.

Member Trabue asked that in the description given to the board indicated it was tract 16 and 17, highlighted areas were 15 and 16, he asked for clarification. Director Shawver advised that when Mrs. Gallup originally owned lots 16, and 17, when she obtained her property from her father in 1983 (9.2 acres). In 1988, tract 17 was deeded back to Mr. Gallup and then he deeded it to another family member. Mrs. Gallup has lot 16 directly in her name, and lot 15 is in her fatherís name in care of her. She actually has more land now than in 1983. When the Conditional Use Permit was heard in 1986, she owned the 9.2 acres which was lots 16 and 17.

Member Trabue asked where was the Huntís trailer? Director Shawver said the Huntít trailer was on lot 16.

Member Trabue asked about the trailer that is to move in, was it a 1997? Mrs. Gallup said yes, it was a doublewide.

Member Rootes asked if there were any concerns other than the wastewater? Director Shawver stated there were concerns by Mr. Montaque, the Chairman and the neighborhood concerns of the wastewater and of the cleanup.

Chairperson Kirkpatrick said if they were to approve the request would be if the storage trailer ( junk trailer) and any disabled vehicles were removed, area cleaned up to the satisfaction of Planning and Building Inspection staff, easements be obtained to meet regulations of the wastewater (Health Department). All that would have to take place prior to issuing a building permit. Member Trabue agreed with that and would change it from disabled vehicles to unlicensed vehicles.

Member Rootes said the comments already had been made that covered her concerns.

Member Trabue made and Member Rootes seconded motion to approve request by Betty Gallup to place a manufactured home as a second dwelling on 4.57 acres located at 2308 E Calvert Hill Rd., Columbia on the following conditions.

Building Inspection prior to a second dwelling being placed on the above listed

4.57 acres of land.

Mrs. Gallup advised that the green Oldsmobile was not herís, it belongs to IT. They never sent the title for the car to be junked (It was someone elseís defaulted loan). Chairperson Kirkpatrick said there should be a way to obtain the title. Director Shawver stated they need to contact the Department of Revenue and explain the situation to them and they will tell you what to do.

Member Trabue said he would welcome some lenience if owners can show staff that they are working towards that means.




Voting as follows:

Tom Trabue yes Linda Rootes yes

Keith Kirkpatrick yes

Motion was approved. 3 yes


Member Trabue made and Member Rootes seconded motion to approve minutes of October 24, 1996. Motion was approved by acclamation.



Review permit issued to Steve Walker allowing operation of an auto body shop at

8740 N Browns Station Rd., Columbia (approved 1983).

Steve Walker stepped forward to address the Board. He said he and his brother-in-law would like to keep on operating. Mr. Walker stated they had lived by the rules set up by BOA. He did not know any problems.

Director Shawver gave staff report stating that the property is located on Brown Station Road, approximately 1.5 miles north of Columbia. It has a mobile home and a garage on this property. Garage has been used as a auto body shop since 1983. The property is zoned R-S (Single family residential). In February 1983, the applicant requested that the parcel be rezoned to C-G (General Commercial). That request was denied. The applicant appealed to the Board of Adjustment for a use variance in April 1983. With the support of the neighbors, the Board granted the variance for one. Subsequently, the permit has been renewed on an annual basis. Comments submitted by neighborhood residents have indicated that the auto body shop has operated within the original restrictions. The board has made it a policy to approve the continued use of the property or the building has an auto body shop contingent on not receiving complaints. There have been a couple of 6 months review when there have been some problems. The property has been brought back into the compliance.

Through oversight of staff, the last review of this item was 1994. The Board had spoken of renewing this every two years instead of yearly. Staff notified 22 property owners of this request.

Roger Conklin, 8758 N. Brown Station Rd. He said he had a picture from one of the other neighbors. The picture showed a trailer with a "Junky Mess" that was still on the same lot as that of the garage. He said the body shop was doing good and following guide lines.

Randy Griffith, 9000 N. Brown Station Rd. spoke from the audience. He also said the body shop was within the guidelines. But the trailer was his concern.

Mr. Walker said he would clean up the area and if the weather was good, he might be able to take care of it this weekend.

Member Trabue concurred that the property needed to be cleaned up.

Chairperson Kirkpatrick asked staff about the review time table. Did he see a way to review the clean up?

Director Shawver said if it was not followed through, he would bring it back to Board of Adjustment. One month time table was agreed by Mr. Walker to clean it up.

Member Rootes made and Member Trabue seconded motion to approve a review permit to be granted for two years issued to Steve Walker allowing operation of an auto body shop at 8740 N Browns Station Rd., Columbia (approved 1983) with the condition that the property be cleaned up within 30 days.

Voting as follows:

Linda Rootes yes Tom Trabue yes

Keith Kirkpatrick yes

Motion was approved unanimously. 3 yes


Being no further business, meeting was adjourned at 7:40 p.m.

Respectfully submitted,




M. Noel Boyt


Minutes approved 24th of April, 1997.