7:00 P.M. Thursday, June 24, 1999


Vice Chairperson Rootes, called the meeting to order at 7:00 p.m. in room 220 of the Boone County Government Center having a quorum present.

Present: Tom Trabue, Chairperson

Linda Rootes, Vice Chairperson

Norma Keil

Larry Bossaller

Absent: Jerry Kaufman

Also present: Stan Shawver, Director

Thad Yonke, Staff

Noel Boyt, Secretary


Vice Chairperson Rootes explained the function of the Board of Adjustment. She 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 Keil made and Member Bossaller seconded motion to approve May 27th, 1999 minutes. Minutes were approved by acclimation.


Chairperson Trabue stated he had a conflict of interest regarding the item on the agenda. He asked to be excused from the meeting.

Request by Nicholas Peckham for a variance from the maximum lot depth

requirement of the subdivision regulations. (Appendix B, Section 1.8.2) for

31 lots designated as being part of the Newtown Planned Development,

1900 W Rte K, Columbia.

Thad Yonke gave staff report stating that the applicant, Nicholas Peckham is developing NewTown Planned Development located on State Highway K south of Columbia. The property is zoned R-S / PRD (Single Family Residential / Planned Residential Development).

Appendix B, Section 1.8.2 Lot Specifications states that "lot depths shall comply with Table A." Table A of the Subdivision Regulations restricts the maximum lot depth to three times the width of the lot.

  1. The applicant will not incur unreasonable or unnecessary hardship if this variance is not granted. The development can be designed so that the lots comply with the 3:1 ratio.
  2. Granting this variance will not endanger the health, safety or welfare of the public. This planned development is designed to allow ready access to all parcels by providing a road in front of the lot, and an alley immediately behind the lot. Emergency personnel will not be hindered by this design.
  3. Granting this variance will not thwart the general intent of the regulations. The intent of the regulations is to limit lots that are excessively long in relation to their width. In the past, lots were created that were 250 wide, and over 1,000 long. All of the lots in the NewTown development are less than 130 deep.

This request fails to satisfy part a of the regulatory criteria cited in Section 1.9.2 of the Subdivision Regulations, but does satisfy part b and c. Staff recommends that this variance be approved.

Nicholas Peckham, 15 S. 10th Street, Columbia addressed the Board. He stated the project was to have townhouses in a walkable community. This is why the lots were more narrow that they should be. The townhouses could actually have 0 lot lines. On the alleys there would be some with garages and some with a second floor.

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

Member Bossaller asked if the townhouses would be rented or for sale. Mr. Peckham said ideally the 31 townhouse lots and the 31 single family lots would be owner occupied. He did not intend to develop a rental community. Turner Jones was working on a covenant for the complex.

Member Bossaller asked what was the purpose of the 3 to 1 ratio? Director Shawver stated this was to prevent really long and vary narrow lots.

Member Rootes asked which lots were involved in the request? Director Shawver stated lots 1 through 31.

Member Keil asked why this ratio was drawn if they knew the regulations stated something else? Mr. Peckham said in developing NewTown they were trying to create it similar to what our grandparents grew up in. Prior to WWII there were smaller size homes. It was to create; a mixed use with residential and maybe commercial/governmental/church/school; 2. a mixture of prices for the housing and ; 3. it would be a walkable community.

Member Rootes stated she had watched the development from the early stages and looking forward to see it built out.

Member Bossaller made and Member Keil second motion to approve request by Nicholas Peckham for a variance from the maximum lot depth requirement of the subdivision regulations. (Appendix B, Section 1.8.2) for 31 lots designated as being part of the Newtown Planned Development, 1900 W Rte K, Columbia.

Larry Bossaller yes Norma Keil yes Linda Rootes yes

Motion to approve variance was unanimous. 3 yes










New Providence Baptist Church had been tabled at the May 27th meeting. Director Shawver advised the church was obtaining a survey of their property and were working with the neighbor in objection to the request.



Being no further business, meeting was adjourned at 7:26 p.m.

Respectfully submitted,




M. Noel Boyt


Minutes approved 26th of August 1999.