P&Z Public Meeting Packet
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T a n e y C o u n t y P l a n n in g C o m m is s io n
P. O. Box 383 • Forsyth, Missouri 65653
Phone: 417 546-7225 / 7226 • Fax: 417 546-6861
website: www.taneycounty.or_0
AGENDA
TANEY COUNTY PLANNING CO M M ISSIO N
MONDAY, APRIL 8, 2 0 1 3 , 6:00 P.M.
COUNTY CO M M ISSIO N HEARING ROOM
TANEY COUNTY COURTHOUSE
Call to Order:
Establishment o f Quorum
Explanation o f Meeting Procedures
Presentation o f Exhibits
Public Hearings:
State/ine Gun Range
His House Bed and Breakfast
Old and New Business:
Hollister Recycling Center
Food Stand
Adjournment.
TANEY COUNTY
PLANNING COMMISSION
COUNTY DIVISION III SPECIAL-USE PERMIT
________________ STAFF REPORT________
HEARING DATE: April 8, 2013
CASE NUMBER: 2013-0002
PROJECT: State Line Gun Range
APPLICANT: Terry Filczer
LOCATION: The subject property is located at 1505 Stateline
Road, Kirbyville, MO, Scott Township; Section 2
Township 21, Range 20.
REQUEST: The applicant, Terry Filczer is requesting approval of
a Division III Special-Use Permit authorizing the
development of an outdoor gun range.
BACKGROUND and SITE HISTORY:
On July 19, 2006 the Taney County Planning Commission approved Division III Permit
# 2006-0033 authorizing the development of an automatic transmission business and
Class 2 NFA weapons manufacturing at the property located at 1505 Stateline Road,
Kirbyville, MO.
In the following paragraphs the staff has enumerated Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF) descriptions and requirements for NFA weapons. NFA
weapons refer to the Federal National Firearms Act which was first adopted by
Congress in 1934 and changed the way automatic weapons were to be dealt with in the
United States. Overtime, additional firearms legislation was passed, affecting both
automatic weapons and general sporting use firearms, each succeeding set of laws
being more restrictive.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) describes (National
Firearms Act) NFA weapons (known as Title II weapons or firearms) are such items as
follows:
1. Automatic Weapons - Fires more than one round with a single pull of the trigger.
2. Short Barreled Rifle - Any rifle with barrel length under 16 inches.
3. Short Barreled Shotgun - Any shotgun with barrel length under 18 inches.
4. Silencer - Also referred to as a sound suppressor.
5. Destructive Device (DD) - Grenades, bombs, gases, etc., and any firearm over
.50 caliber with no legitimate sporting purpose.
6. A n y O ther W eapo n (AO W ) - Is the catch-all fo r sm ooth bore pistols, cane-guns,
short barrele d-sh ort stock rifles and shotguns, etc.
Division III Staff R eport - State Line Gun Range - 2013-0002 Page 1
The Gun Control Act of 1968 was the beginning of virtually all the firearm rules and
regulations that are in place today. The Gun Control Act created the NFA Special
Occupational Taxpayer (SOT) FFL designations. SOT holders are listed in three
categories based on which involvement on NFA weapons they are engaged in, as
follows:
Class 01 - Importer of NFA weapons, requires a Type 8 or 11 FFL
Class 02 - Manufacturer of NFA weapons, requires a Type 7 or 10 FFL
Class 03 - Dealer in NFA weapons.
The Firearms Owners Protection Act of 1986 made it illegal for an individual to take a
semi-automatic rifle and convert it to a automatic gun, or buy a newly manufactured
automatic weapon, even by complying with all (up to that point) NFA requirements. On
and after that date, all newly manufactured automatic weapons could only be sold:
1. Between SOT holders,
2. To the Government (US Military, Federal agencies such as FBI, DEA, etc.)
3. To Police and Sheriff Departments.
Mr. Filczer currently holds a Type 7 - Federal Firearms License (FFL) which isissued
for the manufacturing of both Title 1 and Title 2 firearms and ammunition, so long as he
obtains a Class 3 Tax Stamp. This license also allows for the applicant to act as a
dealer of firearms and ammunition. However, a Type 7 - FFL does not allow for the
manufacturing or dealing in destructive devices, ammunition for destructive devices or
armor piercing ammunition. The ATF licensing procedure requires an authorizing
signature by a Chief Law Enforcement Officer (CLEO), which in this instance would by
the Sheriff. The applicant has provided the Planning Department Office with a copy of
both his ATF Federal Firearms License (FFL) and his ATF receipt of payment of the
Special Occupational Tax (SOT).
GENERAL DESCRIPTION:
The approximately five (5) acre subject property, located at 1505 State Line Road,
Kirbyville, MO, contains an existing, approximately 7,812 square foot building (per the
Assessor’s information) currently utilized for both Affordable Transmissions Specialists
and Class 2 NFA weapons manufacturing.
The applicant is requesting the approval of a Division III Special-Use Permit authorizing
the development of an outdoor gun range. The applicant has indicated that the gun
range will be operated primarily based upon membership in a gun club but will also
allow patrons to pay an individual fee for a given time frame of use. The gun range will
allow for patrons to either provide their own firearms or guns will also be available for
rent. The range will allow for the firing of pistols and rifles, both automatic and semi
automatic. The applicant has stated that fully automatic weapons will not be rented.
Only those patrons providing the applicant with a copy of the appropriate Federal
Firearms License will be allowed to fire their own personal automatic weapons on site.
The applicant has constructed permanent gun stands, anchored in concrete which will
provide a perm anent base fo r fixture s designed specifically to hold autom atic w eapons.
The applicant has indicated that patrons will only be allowed to fire automatic weapons
Division III Staff R eport - State Line Gun Range - 2013-0002 Page 2
if said firearms are affixed to these bases via the fixtures provided by the applicant. The
proposed gun range hours of operation will be 10:00 AM to 7:00 PM Tuesday through
Saturday.
The applicant has indicated that he will establish a gun range backstop behind the
targets through the establishment of both an earthen berm and a ballistics barrier
provided via a company called Defencell. The ballistics barriers provided by Defencell
have been utilized primarily for military ranges. The Defencell website states that,
“Force Protection Systems are low maintenance, non-richocheting tactical training
ballistics barriers designed for use on military, law enforcement, and civilian outdoor
firing ranges.”
REVIEW:
The proposed gun range will be located immediately north of the existing automatic
transmission business and Class 2 NFA weapons manufacturing building. The
proposed gun stalls will face to the north. The nearest existing structure located north
of the proposed gun range is a cabin utilized by Prayer Mountain ministries which is
located approximately 1,100 feet from the location of the proposed gun stalls.
The applicant has indicated that both a protective ballistics barrier and an earthern berm
will be established as a backstop between the targets and the Prayer Mountain Cabins
to the north. The applicant has further indicated that the ballistics barrier will ensure
that projectiles do not leave the property and will also allow for the management of lead.
The Defencell website claims that, “Defencell systems allow rapid construction and
significantly higher level of defense structure protection than Earth Berms.” According
to the publication “Baffles, Berms and Backstops” By David Luke, Range Technical
Team Advisor National Rifle Association “A minimum height of 15 feet is acceptable but
20 to 25 feet is recommended.” However, the publication goes on to say that,
“Backstops and side berms do not remove the requirement to include a safety fan.” A
safety fan is a term used to describe a controlled area utilized to prevent injury in the
event of accidental discharge. Therefore, due to the lengthy distance that a projectile
could potentially travel and uncertainty regarding the proposed height of the backstop
(earthen berm and baffle system), the staff is recommending that the applicant provide
detailed engineering plans (via an engineering professional licensed in the State of
Missouri) for the entire gun range area indicating the specific Best Management
Practices (BMPs) and safety considerations being incorporated into the design,
ensuring compliance with all applicable minimum safety recommendations found within
the 2012 National Rifle Association (NRA) Range Source Book. The staff has found
that a number of State and local laws and regulations encourage ranges to comply with
the NRA’s range safety standards by protecting those that do from civil liability, criminal
prosecution, and injunctions related to a range of actions including violating safety
standards, operating an illegal nonconforming use, and exceeding acceptable noise
standards.
Noise from the site would be minimized with the installation of large earthen berms
along both the east and w e st sides of the range. The staff is recom m ending that
earthern berms of at least fifteen (15) feet in height be installed along both the eastern
Division III Staff R eport - State Line Gun Range - 2013-0002 Page 3
and western boundary of the gun range area in order to muffle a portion of the sound
leaving the site. However, more complete sound mitigation measures may be dictated
by the engineer within the submitted engineering plans.
The applicant has indicated that the activity within the fenced gun stall area will be
closely monitored by an on-site range master. Each of the guns stalls will be roofed in
order to provide some shelter for customers.
The applicant is proposing to utilize the existing parking area to serve both the existing
automatic transmission business and the proposed gun range. The parking provisions
of the Development Guidance Code do not address a gun range use. Future expansion
of the parking area may be necessary as the gun range business expands.
The adjoining property immediately to the north, south, east and west is agricultural.
The Prayer Mountain ministry is located further north. Light residential is located further
to the south and east.
The project received a score of -27 on the Policy Checklist, out of a maximum possible
score of 65. The relative policies receiving a negative score consist of road right-of-way
width, emergency water supply, solid waste disposal service, off-site nuisances, use
compatibility, utilities and mixed-use developments.
Division III Staff R eport - State Line Gun Range - 2013-0002 Page 4
STAFF RECOMMENDATIONS:
If the Taney County Planning Commission approves this request, the following
requirements shall apply, unless revised by the Planning Commission:
1. Compliance with the provisions of the Taney County Development Guidance
Code that include plans for the following:
a. Detailed engineering plans (via an engineering professional licensed in the
State of Missouri) of the entire gun range area indicating the specific Best
Management Practices (BMPs) and safety considerations being incorporated
into the design, ensuring compliance with all applicable minimum safety
recommendations found within the 2012 National Rifle Association Range
Source Book.
b. Sediment and erosion control
c. Land Grading Permit (if Land grading activities exceed one (1) acre in area)
2. Compliance letters from the Fire District, Sherriff’s Department, the On-site
Wastewater Permitting Division of the Planning Department and the Missouri
Department of Natural Resources (MoDNR), including all other entities which
have requirements governing a development of this nature.(Chapter VI-VII)
3. The State Line Gun Range shall be viewed as a Special-Use Permit. Therefore
the permit is specific to the applicant to whom the permit is issued and cannot be
transferred without Planning Commission approval. The Special-Use Permit shall
not be used to establish commercial compatibility for or with any future land-use
change applications.
4. The applicant shall establish a protective barrier behind the targets through the
establishment of both an earthen berm and a ballistics barrier, meeting or
exceeding the recommendations for ballistics barrier design as found within the
2012 National Rifle Association Range Source Book and as indicated on the
submitted engineering plans.
5. Earthern berms of at least fifteen (15) feet in height shall be installed along both
the eastern and western boundary of the gun range area in order to muffle a
portion of the sound leaving the site or other sound mitigation measures shall be
implemented as dictated within the submitted engineering plans.
6. Patrons of the State Line Gun Range shall only be allowed to fire fully automatic
weapons if said firearms are affixed to permanent bases via fixtures provided by
the applicant.
7. Only those patrons providing a copy of the appropriate Federal Firearms License
(FFL) shall be allowed to fire their own personal automatic weapons on site.
8. The shooting range hours of operation shall be 10:00 AM to 7:00 PM Tuesday
through Saturday.
9. The applicant shall provide proof of liability insurance to the T an ey C ounty
Planning Department prior to opening day of the operation.
Division III Staff R eport - State Line Gun Range - 2013-0002 Page 5
10. No outside storage of equipment or solid waste materials.
11 .This decision is subject to all existing easements.
12. Division II Permits will be required for all applicable structures in the development
(Chapter 3 Sec. I Item B).
13. The applicant shall indemnify and defend the County of Taney, its officers,
employees and designated agents against the payment of any and all costs and
expenses (including attorney’s fees and court costs), resulting from any third party
claims, causes of action, lawsuits and liability, arising out of any approval or
decision on the proposed project.
14. This Decision of Record shall be filed with the Taney County Recorder’s Office
within 120 days or the approval shall expire (Chapter II Item 6).
Division III Staff R eport - State Line Gun Range - 2013-0002 Page 6
HIS House Bed & Breakfast Permit#: 13-3
Section Score
Performance
Importance
Division ill Relative Policy Scoring Sheet:
Factor
Eastern Taney County
Score
Value
W ater Quality
SEWAGE DISPOSAL n/a=
centralized system 2
on-site treatm ent system(s) with adequate safeguards to mitigate pollution 1
septic system of adequate design and capacity 0 5 0 0
proposed system may not provide adequate capacity -1
proposed solution may cause surface and/or ground water pollution -2
Environm ental Policies
STORM DRAINAGE n/a= X
on-site stormwater retention and absorption with engineered plans 2
on-site stormwater retention and absorption without engineered plans 1
stormwater retention with managed and acceptable run-off 0 4
no stormwater retention, but adverse impacts from run-off have been mitigated -1
no acceptable management and control of stormwater run-off -2
AIR QUALITY n/a= X
cannot cause impact 0
could impact but appropriate abatement installed -1 4
could impact, no abatem ent or unknown impact -2
Critical Areas
PRESERVATION OF CRITICAL AREAS n/a=
no adverse impact to any designated critical area 2
one of the designated critical areas impacted but can be fully mitigated 1
more than one of the designated critical areas impacted but can be fully mitigated 0 3 0 0
one or more o f the designated critical areas impacted and mitigation not fully effective -1
one or more o f the designated critical areas impacted with no ability to mitigate problem -2
Land Use C om patibility
OFF-SITE NUISANCES n/a=
no issues 2
minimal issues, but can be fully mitigated 1
issues that can be buffered and mitigated to a reasonable level 0 4 -1 -4
buffered and minimally mitigated -1
cannot be mitigated -2
USE COMPATIBILITY n/a=
no conflicts / isolated property 0
transparent change / change not readily noticeable -1 4 -1 -4
impact readily apparent / out of place -2
Page 1 of 5
HIS House Bed & Breakfast Permit#: 13-3
Section Score
Performance
Importance
Division Hi Relative Policy Scoring Sheet:
Factor
Eastern Taney County
Score
Value
STRUCTURAL SCREENING OF ROOFTOP EQUIPMENT & VENTS n/a= x
no rooftop equipm ent / vents or blocked from view by structure design or screening 0
partially blocked from view -1 3
exposed / not blocked from view -2
STRUCTURAL SCREENING OF SOLID W ASTE CONTAINERS n/a= x
no on-site waste containers or blocked from view by structure design or screening 0
partially blocked from view -1 3
exposed / not blocked from view • -2
STRUCTURAL SCREENING OF OUTDOOR EQUIP, STORAGE, ETC. n/a= x
no outdoor storage of equipment, materials, etc., or outdoor work areas 2
blocked from view by structure design 1
blocked from view using screening 0 3
partially blocked from view -1
exposed / not blocked from view -2
LANDSCAPED BUFFERS - RESIDENTIAL n/a= x
approved landscaped buffer between homes and all streets / roads / highways 2
approved landscaped buffer from m ajor roads / highways only 1
minimal landscaped buffer, but compensates with expanse o f land 0 2
no landscaped buffer between residences and local streets -1
no landscaped buffer from any road -2
LANDSCAPED BUFFERS - INDUSTRIAL n/a= X
approved landscaped buffer from public roads 0
minimal landscaped buffer, but compensates with expanse of land -1 3
no landscaped buffer from public roads -2
Local Econom ic Developm ent
AGRICULTURAL LANDS n/a= X
no conversion of Class l-IV agricultural land to other use(s) 0
1
developm ent requires reclassification of Class l-IV agricultural land to other use(s) -2
RIGHT TO FARM n/a=
does not limit existing agricultural uses / does not cause nuisance, predation 0
does not limit existing agricultural uses, but may result in m inor nuisance -1 3 0 0
potential impact(s) on existing agricultural land -2
RIGHT TO OPERATE n/a=
no viable impact on existing industrial uses by residential developm ent 0
potential impact but can be mitigated -1 2 0 0
potential impact on existing industrial uses with no mitigation -2
Page 2 o f 5
HIS House Bed & Breakfast Permit#: 13-3
Section Score
Performance
Importance
Division ill Relative Policy Scoring Sheet:
Factor
Eastern Taney County
Score
Value
DIVERSIFICATION n/a=
creates >=5 full-time, year-round jobs outside of recreation / resort sector 2
creates full-time, year-round and seasonal jobs 1 4 1 4
creates seasonal jobs only 0
Site Planning, Design, O ccupancy
RESIDENTIAL PRIVACY n/a= X
privacy provided by structural design, or not applicable 2
privacy provided by structural screening 1
privacy provided by landscaped buffers 0 2
privacy provided by open space -1
no acceptable or effective privacy buffering -2
MIXED-USE DEVELOPMENTS n/a=
/
uses functions are compatible or not applicable 2
uses / functions are integrated and separated based on compatibility 1
uses / functions differ minimally and are not readily apparent 0 3 -1 -3
uses / functions poorly integrated or separated -1
uses / functions mixed without regard to compatiblity factors -2
Com m ercial Developm ent
DEVELOPMENT PATTERN / BUFFERING n/a=
approved and effectively designed landscaped buffers between structures and all roads 2
minimal landscaped buffering, but compensates with expanse of land 1
minimal landscaped buffering 0 4 1 4
no landscaped buffering, but utilizes expanse of land -1
no or inadequate buffering or separation by land -2
Services - Capacity and Access
UTILITIES n/a=
adequate utilities capacity as evidenced by letter from each utility 0
adequate utilities capacity without formal letter from each utility or not from all utilities -1 4 -1 -4
inadequate information to determine adequacy of utilities -2
TRAFFIC n/a=
no impact or insignificant impact on current traffic flows 0
traffic flow increases expected but manageable using existing roads and road accesses -1 2 0 0
traffic flow increases exceed current road capacities -2
EMERGENCY SERVICES n/a= X
structure size and/or access can be serviced by emergency equipment 0
structure size and/or access may impede but not hinder serviceability -1 3
structure size and/or access could be problematic or non-serviceable -2
Page 3 o f 5
HIS House Bed & Breakfast Permit#: 13-3
Section Score
Performance
Importance
Division III Relative Policy Scoring Sheet:
Factor
Eastern Taney County
Score
Value
RIGHT-OF-W AY OF EXISTING ROADS n/a=
greater than 50 ft. right-of-way 1
50 ft. right-of-way 0
R -1
40 ft. right-of-way -1
less than 40 ft. right-of-way -2
Internal Im provem ents
W ATER SYSTEMS n/a=
central water system meeting DNR requirements for capacity, storage, design, etc. 2
community well / water system meeting DNR requirements 1
private wells meeting DNR requirements 0 3 0 0
private wells not meeting any established standards -1
individual / private wells -2
EMERGENCY W ATER SUPPLY n/a=
fire hydrant system throughout developm ent with adequate pressure and flow 0
fire hydrant system with limited coverage -1 5 -2 -1 0
no fire hydrant system -2
PEDESTRIAN CIRCULATION n/a= X
paved and dedicated walkways (no bicycles) provided throughout development 2
paved walkways provided throughout developm ent / maybe shared with bicycles 1
designated walkways provided but unpaved 0 4
no pedestrian walkways, but green space provided for pedestrian use -1
no designated pedestrian walkway areas -2
PEDESTRIAN SAFETY n/a= X
separation of pedestrian walkways from roadways by landscape or structural buffer 2
separation of pedestrian walkways from roadways by open land buffer 1 2
pedestrian walkways abut roadways with no buffering / protection 0
BICYCLE CIRCULATION n/a= X
dedicated / separate bike-ways with signage, bike racks, trails 2
bicycle lanes shared with pedestrian walkways but separated by markings / signs 1 1
no designated bike-ways 0
UNDERGROUND UTILITIES n/a=
all utilities are provided underground up to each building / structure 2
all utilities traverse developm ent underground but may be above ground from easement 1
utilities above ground but / over designated easements 0 4 0 0
utilities above ground and not within specific easements -1
no specific management of utilities -2
Page 4 of 5
HIS House Bed & Breakfast Permit#: 13-3
Section Score
Performance
Importance
Division 111 Relative Policy Scoring Sheet:
Factor
Eastern Taney County
Score
Value
O pen-Space Density
USABLE OPEN SPACE n/a= X
residential developm ents (>25 units) include more than 25% open recreational space 2
residential developm ents (>25 units) offer >10% but <25% open recreational space 1
recreational area provided, but highly limited and not provided as open space 0 2
no designated recreational space provided, but open space available -1
no open recreational space provided -2
Solid W aste Disposal
SOLID W ASTE DISPOSAL SERVICE AVAILABILITY n/a=
weekly service is available and documentation of availability provided 0
weekly service reportedly available but not documented -1 5 -1 -5
centralized, on-site trash collection receptacles available -2
SOLID W ASTE DISPOSAL SERVICE COMMITMENT n/a= X
restrictive covenants provide for weekly disposal for each occupied structure 0
services available but not a requirement documented in covenants -1 5
not applicable / no pick-up service provided -2
Total Weighted Score= -27
Maximum Possible Score= 65
Actual Score as Percent of Maximum= -41.5%
Number of Negative Scores= 7
Negative Scores as % of Total Score= 20.0%
Scoring Performed by: Date:
Bob Atchley / Bonita Kissee March 27, 2013
Page 5 of 5
Project: HIS House Bed & Breakfast
Permit#: 13-3
Policies Receiving a Negative Score
Importance right-of-way / roads emergency water supply waste disposal service
Factor 5:
Importance off-site nuisances use compatibility utilities
Factor 4:
Importance mixed-use developments
Factor 3:
Importance none
Factor 2:
Importance none
Factor 1:
Scoring by: Bob A tchley / Bonita Kissee
Date: March 27, 2013
Eastern District Relative Policies: Division III Permit
Project: HIS House Bed & Breakfast Permit: 13-3
Max. As
% Total Negative Scores
Possible Scored
|Scoring 65 -27 -41.5% 7 46.7%
Max. As Negative Scores
Possible Scored Number of Percent
Importance Factor 5 5 -20 3 100.0%
sewage disposal
right-of-way / roads 5 -5
em ergency w ater supply 0 -10
waste disposal service 0 -5
waste disposal com m itm ent
Importance Factor 4 32 -4 3 50.0%
storm water drainage
air quality
off-site nuisances 8 -4
use com patibility 0 -4
diversification 8 4
developm ent buffering 8 4
utilities 0 -4
pedestrian circulation
underground utilities 8 0
Importance Factor 3 18 -3 1 25.0%
preservation o f critical areas 6 0
screening o f rooftop equip
screening / waste containers
screening of outdoor equip
industrial landscape buffers
right to farm 0 0
mixed-use developm ents 6 -3
em ergency services
w ater systems 6 0
Importance Factor 2
residential landscape buffers
right to operate 0 0
residential privacy
traffic 0 0
pedestrian safety
usable open space
Importance Factor 1
agricultural lands
bicycle circulation
S c o rin g by: Bob Atchley / Bonita Kissee
Date: March 27, 2013
(Annual 1 ax Rate) 900.00
TAX
AFFO RD ABLE GUN W ORKS CORP
Initial Tax..........S 500.00
2013
1 5 0 5 S T A T E L IN E R D Additions. . . . S QO
K IR B Y V IL L E , M O 65679 YEAR
Total Tax PAID.S 5 0 0 .0 0
AFFORDABLE OUN WORKS CORF 20-8632740
THIS IS NOT A BILL.
DO NOT PAY THE AM O UNT NOT ED.
Actual Physical Business Address (See Number 2 k e k w , Type o f Operation Conducted
AFFORDABLE GUN WORKS CORP (72) NFA FIREARMS MFGR (REDUCED)
AFFORDABLE GUN WORKS CORP
1505 STATE LINE RD ,
KIRBYVILLE, -MO 65679 0001
Num ber o f Locations
This is a receipt o f payment of Special (Occupational) Tax (SOT) under the
National Firearms Act. (27 CFR 479.36) 1 OF 1
If You H ave A ny Questions, Refer To The Information Below
Date o f This Receipt Dates o f Special Tax Period
JULY 3, 2012 07/01/2012 T O 06/30/2013
Employer Identification Number Control Number
20-8632740 201 2171-N50-01 3
I f you have any questions, you may contact the Bureau o f Alcohol, Tobacco. Firearms and Explosives as follows:
CALL: (304) 616-4500 OR ' WRITE: National Firearms Act Branch, Bureau of ATF
FAX: (304) 616-4501 244 Needy Road
Suite 1250
Martinsburg, W V 25405
1. I f you write. Include in the letter your employer identification number, control number from above, your telephone number, and the best tim e tor us
io call if \\ e need more information
2. I f you filed ATF Form 5630.7. Speciai Tax Registration and Return (NFA Firearms), for the first time, or have renewed your special tax stamp on
ATF Form 5630.5R. Special Tax "Renewal" Registration and R eturn, and ATF Form 5630.5RC, Spccial Tax Location Registration Listing(s).
showing multiple locations, von should have received a stamp for each location. Each stamp is printed with your principal business address and the
actual physical address o f the business location for which the stamp was issued. Forward the stamp to that location. B e sure that each location
keeps the stamp on its business premises so that it is available for inspection. Photocopies are not acceptable evidence o f tax payment.
3. I f anv o f the preprinted information is incorrect, please write to the above address listing the correct information and return this Special T ax Stamp
with your letter.
4. I f there is a change in ownership o f your business or business structure, such as a sole owner incorporating, the new owner is required to rile A IF
Form 5630.7. Special Tax Registration and Return (NFA Firearms), and obtain a new Special Tax Stamp (except as provided in 27 CFR 194.166 -
194.169 or 27 CFR 179.42 -179.45) before engaging in the business.
5. I f you have a change in control, contact ATF. You must notify the Bureau o f Alcohol, I obacco, Firearms and Explosives of any change o f address,
location, or trade name and receive approval before the change is made, by filing ATF Form 5630.7. If a Federal firearms licensee discontinues
business and retains NFA firearms, the retention may be in violation o f law. The licensee should check with State and local authorities.
6. This is a Special Tax Stamp and Receipt for Payment o f Federal Tax. This does not authorize anyone to begin or continue a business contrary to
Federal. State or local laws, nor does it exempt anyone from penalties or punishment tor violating such laws.
7. THIS RECEIPT IS NOT TRANSFERABLE.
,VJ £• Form 5630.6A
Revised March 201C
Federal Firearms License
U.S. D epartm ent of Justice
Bureau o f Alcohol, Tobacco. Firearms and Explosives (18
' U.S.C. Chapter
r
44)' iiiimii iiissishuik)) twain mm
In accordance with the provisions o f Title I, Gun Control Act o[ 1968, and the regulations issued thereunder (27 O R Part 478). you are licensed to engage in the
business specified in this license, within the limitations o f Chapter 44, Title 18. United States Code, and the regulations issued thereunder, until the expiration date
shown. ■, ,*• •..I-!; .. ■■
i i- F i1: • . J ;
See "WARNINGS" and "NOTICES" on reverse.
Direct ATF ATF - Chief, FFLC
Correspondence 'Jo 244 Needy Road S ^ ^ B 5 - 4 3 - 2 1 3-07-5J-03836 ^ B
Martinsburg, WV 25405-9431
Chief, Federal F i ^ ^ ^ L i r a i s i n ^ a i l e r (FFLC)
Septem ber 1, 2015
Name
AFFO RD ABLE GUN W ORKS CORP
Premises A ddress (Changes? Notify (lie FF1..C at least 30 days before the move.)
1505 STATE LINE RD
KIRBYVILLE, MO 65679-
fype o f License
0 7 -M A N U F A C T U R E R O F F IR E A R M S O T H E R T H A N D E S T R U C T IV E D E V IC E S
Purchasing Certification Statement' Mailing Address (Changes? Notify the FFLC of any changes.)
Tlie licensee named above shall use a copy of this license to assist a transferor of
firearms to verify the identity and the licensed status of the licensee as provided by
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Division III Permit 2013-0002
Pictometry - North View
State Line Gun Range
Division III Permit 2013-0002
Pictometry - South View
State Line Gun Range
Division III Permit 2013-0002
Pictometry - East View
State Line Gun Range
Division III Permit 2013-0002
Pictometry - West View
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State Line Gun Range
TANEY COUNTY
TANEY PLANNING COMMISSION
COUNTY DIVISION III PERMIT STAFF REPORT
HEARING DATE: April 8, 2013
CASE NUMBER: 2013-0003
PROJECT: HIS House Bed and Breakfast
APPLICANT: Gary & Norma Smalley
REPRESENTATIVES: Charles & Brenda LeMoine
LOCATION: The subject property is located at 1482 Lakeshore
Drive, Branson, MO; Scott Township; Section 28,
Township 23, Range 21.
REQUEST: The representatives, Charles & Brenda LeMoine are
requesting approval of a Division III Permit in order to
convert an existing Victorian style home structure
(utilized as an office with warehouse space) to a bed
and breakfast.
BACKGROUND and SITE HISTORY.
On June 19, 1995 the Planning Commission approved Division III Perm it# 1995-0026
authorizing the construction of structure with the appearance of a Victorian style home,
which was to act as the office with warehouse space for Today’s Family, a family
counseling agency. This approval allowed for the expansion and relocation of Today’s
Family (i.e. Gary and Norma Smalley) from 1483 Lakeshore Drive (across the street) to
1482 Lakeshore Drive. Since that time the property has continued to act as the office
for the Smalley Relationship Center.
The current application was approved for Concept on March 18, 2013.
GENERAL DESCRIPTION:
The subject property (approximately .80 acres total) contains an approximately 5,075
square foot structure (per the Assessor’s information) located at 1482 Lakeshore Drive,
Branson, MO formerly utilized as the Smalley Relationship Center office, with
warehouse space.
The representatives are requesting to utilize the existing Victorian style home structure,
formerly utilized as an office, with warehouse space for the Smalley Relationship
Center, as a seven (7) bedroom, five (5) bathroom bed and breakfast facility.
Division III Staff R eport - HIS House Bed and B reakfast - 2013-0003 Page 1
The facility is listed on the Multiple Listing Service (MLS) as currently having seventeen
(17) office rooms, five (5) bathrooms, full eat-in kitchen, two (2) fireplaces, three (3)
conference rooms and over 1,000 square feet of warehouse space.
The adjoining property immediately to the north is Doulos Ministries. The adjoining
property to the south and east is the Kids Across America office. The adjoining property
immediately to the west is Lakeshore Drive, two residences and Kanakuk.
REVIEW:
Per the Bed and Breakfast provisions of the Taney County Development Guidance
(Appendix E, Section 4.3.), “No more than four guest rooms can be provided under the
special use permit procedure.” The representatives have indicated that they are
wishing to convert the existing structure into a seven (7) bedroom bed and breakfast
facility. Therefore per these provisions, this application would be viewed as a Division
III Commercial request. Since the application is to be viewed as a Division III
Commercial request the permit will be transferable upon a change of ownership and
can actually be used to establish commercial compatibility for or with any future Division
III (land-use change) applications.
The exterior appearance of the Victorian style home structure will remain the same.
The staff is recommending that the newly adopted occupancy standards for nightly
rental be applied to this proposed bed and breakfast facility. The nightly rental
regulations state that, “The maximum occupancy for a Nightly Rental shall be two (2)
persons per dwelling unit, plus two (2) persons per bedroom.” Therefore per these
provisions the property in question would accommodate up to 14 guests (two people per
bedroom) plus the two representatives, whom would own and operate the bed and
breakfast.
The property is currently served by a private well and public sewer service via the
Taney County Regional Sewer District.
The residence is in compliance with the setback requirements. Per the provisions of the
Development Guidance Code, “Parking shall be provided (for a Bed and Breakfast
facility) at the following rate: Two off-street spaces plus one additional off-street parking
space per lodging room provided.” Therefore, the parking area would be required to
accommodate a total of nine (9) parking spaces. The existing parking area includes a
very large garage, circle drive and an additional shared parking area immediately to the
south which is shared with the Kids Across America Office property. There would likely
be at least nine (9) total available, on-site parking spaces, not including the shared
parking lot.
Per the buffering provisions of the Development Guidance Code, buffering would not be
required because there are no existing residences immediately adjoining the property in
question.
The project received a total score of -6 on the Policy Checklist, out of a maximum
possible score of 53. The relative policies receiving a negative score consist of right-of-
way on existing roads, em ergency w a te r supply, solid w aste disposal service, use
compatibility and utilities.
Division III Staff R eport - HIS House Bed and B reakfast - 2013-0003 Page 2
SUMMARY:
If the Taney County Planning Commission approves this request, the following
requirements shall apply, unless revised by the Planning Commission:
1. Compliance with the provisions of the Taney County Development Guidance
Code.
2. Compliance letters from the Western Taney County Fire Protection District, the
Taney County Assessor’s Office, the Missouri Department of Revenue, the
Taney County Regional Sewer District and the Taney County Health Department;
including all other entities which have requirements governing a development of
this nature shall be provided to the Planning Department office.(Chapter VI-VII)
3. A copy of a valid Merchant’s License via the Taney County Collector’s Office
shall be provided to the Planning Department.
4. A valid Missouri Department of Revenue Sales Tax License shall be provided to
the Planning Department prior to the issuance of a Certificate of Compliance. A
No Tax Due Letter from the Missouri Department of Revenue shall be submitted
to the Planning Department office annually, indicating that the sales taxes have
been paid.
5. No outside storage of equipment or solid waste materials.
6. This decision is subject to all existing easements.
7. The Bed and Breakfast shall accommodate (sleep) no more than sixteen (16)
persons per night (fourteen residents of the Bed & Breakfast and the two owners
/ operators). The total occupancy may be further limited based upon the
provisions of the Western Taney County Fire Protection District requirements and
regulations.
8. This Decision of Record shall be filed with the Taney County Recorder’s Office
within 120 days or the approval shall expire (Chapter II Item 6).
Division III Staff R eport - HIS House Bed and B reakfast - 2013-0003 Page 3
HIS House Bed & Breakfast Permit#: 13-3
Section Score
Performance
Importance
D ivision III R elative P olicy S c o rin g S heet:
Factor
E astern T an e y C o un ty
Score
Value
W ater Quality
SEWAGE DISPOSAL n/a=
centralized system 2
on-site treatm ent system(s) with adequate safeguards to mitigate pollution 1
septic system of adequate design and capacity 0 5 2 10
proposed system may not provide adequate capacity -1
proposed solution may cause surface and/or ground water pollution -2
Environm ental Policies
STORM DRAINAGE n/a= X
on-site stormwater retention and absorption with engineered plans 2
on-site stormwater retention and absorption without engineered plans 1
stormwater retention with managed and acceptable run-off 0 4
no stormwater retention, but adverse impacts from run-off have been mitigated -1
no acceptable management and control of stormwater run-off -2
AIR QUALITY n/a=
cannot cause impact 0
could impact but appropriate abatement installed -1 4 0 0
could impact, no abatem ent or unknown impact -2
Critical Areas
PRESERVATION OF CRITICAL AREAS n/a= X
no adverse impact to any designated critical area 2
one o f the designated critical areas impacted but can be fully mitigated 1
more than one of the designated critical areas impacted but can be fully mitigated 0 3
one or more o f the designated critical areas impacted and mitigation not fully effective -1
one or more of the designated critical areas impacted with no ability to mitigate problem -2
Land Use C om patibility
OFF-SITE NUISANCES n/a=
no issues 2
minimal issues, but can be fully mitigated 1
issues that can be buffered and mitigated to a reasonable level 0 4 1 4
buffered and minimally mitigated -1
cannot be mitigated -2
USE COMPATIBILITY n/a=
no conflicts / isolated property 0
transparent change / change not readily noticeable -1 4 -1 -4
impact readily apparent / out of place -2
Page 1 o f 5
HIS House Bed & Breakfast Perm it#: 13-3
Section Score
Performance
Importance
Division III Relative Policy Scoring Sheet:
Factor
Score
Eastern Taney County
Value
STRUCTURAL SCREENING OF ROOFTOP EQUIPMENT & VENTS n/a= x
no rooftop equipm ent / vents or blocked from view by structure design or screening 0
partially blocked from view -1 3
exposed / not blocked from view -2
STRUCTURAL SCREENING OF SOLID W ASTE CONTAINERS n/a=
no on-site waste containers or blocked from view by structure design or screening 0
partially blocked from view -1 3 0 0
exposed / not blocked from view -2
STRUCTURAL SCREENING OF OUTDOOR EQUIP, STORAGE, ETC. n/a= X
no outdoor storage of equipment, materials, etc., or outdoor work areas 2
blocked from view by structure design 1
blocked from view using screening 0 3
partially blocked from view -1
exposed / not blocked from view -2
LANDSCAPED BUFFERS - RESIDENTIAL n/a= X
approved landscaped buffer between homes and all streets / roads / highways 2
approved landscaped buffer from major roads / highways only 1
minimal landscaped buffer, but compensates with expanse o f land 0 2
no landscaped buffer between residences and local streets -1
no landscaped buffer from any road -2
LANDSCAPED BUFFERS - INDUSTRIAL n/a= X
approved landscaped buffer from public roads 0
minimal landscaped buffer, but compensates with expanse o f land -1 3
no landscaped buffer from public roads -2
Local Econom ic Developm ent
AGRICULTURAL LANDS n/a= X
no conversion of Class l-IV agricultural land to other use(s) 0
1
development requires reclassification of Class l-IV agricultural land to other use(s) -2
RIGHT TO FARM n/a= X
does not limit existing agricultural uses / does not cause nuisance, predation 0
does not limit existing agricultural uses, but may result in minor nuisance -1 3
potential impact(s) on existing agricultural land -2
RIGHT TO OPERATE n/a= X
no viable impact on existing industrial uses by residential development 0
potential impact but can be mitigated -1 2
potential impact on existing industrial uses with no mitigation -2
Page 2 o f 5
HIS House Bed & Breakfast Permit#: 13-3
Section Score
V
o
Importance
c
Division ill Relative Policy Scoring Sheet: ro
E
Factor
Score
Eastern Taney County t
o ®
=
0) (0
DIVERSIFICATION n/a=
creates >=5 full-time, year-round jobs outside of recreation / resort sector 2
creates full-time, year-round and seasonal jobs 1 4 0 0
creates seasonal jobs only 0
Site Planninq, Desiqn, O ccupancy
RESIDENTIAL PRIVACY n/a= X
privacy provided by structural design, or not applicable 2
privacy provided by structural screening 1
privacy provided by landscaped buffers 0 2
privacy provided by open space -1
no acceptable or effective privacy buffering -2
MIXED-USE DEVELOPMENTS n/a= X
uses / functions are compatible or not applicable 2
uses / functions are integrated and separated based on compatibility 1
uses / functions differ minimally and are not readily apparent 0 3
uses / functions poorly integrated or separated -1
uses / functions mixed without regard to compatiblity factors -2
Com m ercial Developm ent
DEVELOPMENT PATTERN / BUFFERING n/a=
approved and effectively designed landscaped buffers between structures and all roads 2
minimal landscaped buffering, but compensates with expanse of land 1
minimal landscaped buffering 0 4 0 0
no landscaped buffering, but utilizes expanse of land -1
no or inadequate buffering or separation by land -2
Services - Capacity and Access
UTILITIES n/a=
adequate utilities capacity as evidenced by letter from each utility 0
adequate utilities capacity without formal letter from each utility or not from all utilities -1 4 -1 -4
inadequate information to determine adequacy of utilities -2
TRAFFIC n/a=
no impact or insignificant impact on current traffic flows 0
traffic flow increases expected but manageable using existing roads and road accesses -1 2 0 0
traffic flow increases exceed current road capacities -2
EMERGENCY SERVICES n/a=
structure size and/or access can be serviced by emergency equipment 0
structure size and/or access may impede but not hinder serviceability -1 3 0 0
structure size and/or access could be problematic or non-serviceable -2
Page 3 o f 5
HIS House Bed & Breakfast Permit#: 13-3
Section Score
Performance
Importance
Division ill Relative Policy Scoring Sheet-
Factor
Score
Eastern Taney County
Value
RIGHT-OF-W AY OF EXISTING ROADS n/a=
greater than 50 ft. right-of-way 1
50 ft. right-of-way 0
5 -1 -5
40 ft. right-of-way -1
less than 40 ft. right-of-way -2
Internal Im provem ents
WATER SYSTEMS n/a=
central water system meeting DNR requirements for capacity, storage, design, etc. 2
community well / water system meeting DNR requirements 1
private wells meeting DNR requirements 0 3 0 0
private wells not meeting any established standards -1
individual / private wells -2
EMERGENCY W ATER SUPPLY n/a=
fire hydrant system throughout developm ent with adequate pressure and flow 0
fire hydrant system with limited coverage -1 5 -2 -10
no fire hydrant system -2
PEDESTRIAN CIRCULATION n/a= X
paved and dedicated walkways (no bicycles) provided throughout development 2
paved walkways provided throughout development / maybe shared with bicycles 1
designated walkways provided but unpaved 0 4
no pedestrian walkways, but green space provided for pedestrian use -1
no designated pedestrian walkway areas -2
PEDESTRIAN SAFETY n/a= X
separation of pedestrian walkways from roadways by landscape or structural buffer 2
separation o f pedestrian walkways from roadways by open land buffer 1 2
pedestrian walkways abut roadways with no buffering / protection 0
BICYCLE CIRCULATION n/a= X
dedicated / separate bike-ways with signage, bike racks, trails 2
bicycle lanes shared with pedestrian walkways but separated by markings / signs 1 1
no designated bike-ways 0
UNDERGROUND UTILITIES n/a=
all utilities are provided underground up to each building / structure 2
all utilities traverse developm ent underground but may be above ground from easement 1
utilities above ground but / over designated easements 0 4 2 8
utilities above ground and not within specific easements -1
no specific management of utilities -2
Page 4 of 5
HIS House Bed & Breakfast Permit#: 13-3
Section Score
Performance
Importance
Division III Relative Policy Scoring Sheet:
Factor
Eastern Taney County
Score
Value
O pen-Space Density
USABLE OPEN SPACE n/a= X
residential developm ents (>25 units) include more than 25% open recreational space 2
residential developm ents (>25 units) offer >10% but <25% open recreational space 1
recreational area provided, but highly limited and not provided as open space 0 2
no designated recreational space provided, but open space available -1
no open recreational space provided -2
Solid W aste Disposal
SOLID W ASTE DISPOSAL SERVICE AVAILABILITY n/a=
weekly service is available and documentation o f availability provided 0
weekly service reportedly available but not documented -1 5 -1 -5
centralized, on-site trash collection receptacles available -2
SOLID W ASTE DISPOSAL SERVICE COMMITMENT n/a= X
restrictive covenants provide for weekly disposal for each occupied structure 0
services available but not a requirement documented in covenants -1 5
not applicable / no pick-up service provided -2
Total W eighted Score= -6
Maximum Possible Score= 53
Actual Score as Percent of Maximum= -11.3%
Number of Negative Scores= 5
Negative Scores as % of Total Score= 14.3%
Scoring Performed by: Date:
Bob Atchley / Bonita Kissee March 27, 2013
Page 5 o f 5
Project: HIS House Bed & Breakfast
Permit#: 13-3
Policies Receiving a Negative Score
Importance right-of-way / roads emergency water supply waste disposal service
Factor 5:
Importance use compatibility utilities
Factor 4:
Importance non e
Factor 3:
Importance non e
Factor 2:
Importance none
Factor 1:
Scoring by: Bob A tchley / Bonita Kissee
Date: March 2 7 ,2 0 1 3
Eastern District Relative Policies: Division III Permit
Project: HIS House Bed & Breakfast Permit: 13-3
Max. As
% Total Negative Scores
Possible Scored
jScoring 53 -6 -11.3% 5 33.3%
Max. As Negative Scores
Possible Scored Number of Percent
Importance Factor 5 15 -10 3 75.0%
sewage disposal 10 10
right-of-way / roads 5 -5
em ergency water supply 0 -10
waste disposal service 0 -5
waste disposal com m itm ent
Importance Factor 4 32 4 2 28.6%
storm water drainage
air quality 0 0
off-site nuisances 8 4
use compatibility 0 -4
diversification 8 0
developm ent buffering 8 0
utilities 0 -4
pedestrian circulation
underground utilities 8 8
Importance Factor 3
preservation o f critical areas
screening of rooftop equip
screening / waste containers 0 0
screening of outdoor equip
industrial landscape buffers
right to farm
m ixed-use developm ents
emergency services 0 0
water systems 6 0
Importance Factor 2
residential landscape buffers
right to operate
residential privacy
traffic 0 0
pedestrian safety
usable open space
Importance Factor 1
agricultural lands
bicycle circulation
Scoring by: Bob A tchley / Bonita Kissee
Date: March 27, 2013
4/1/13 1482 Lakeshore Dr Branson MO Real Estate | | Branson MO Homes for Sale
Office: 4 1 7 .3 3 4 .1 8 9 2 Fax: 4 1 7 .3 3 4 .1 8 9 8 Em ail Us
Property Type H
City H
Min Price M Beds a
Max Price: [ » j Baths a
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1482 Lakeshore Dr Branson, MO 65616 <Bgck tp Property Seerqh
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Remarks
Branson Area W aterfront Reduced $ 100,000. This property has all kinds of
Homes possibilities, currently used as an office with w arehouse
space, could be a home with business attached, weekend
Branson Area W aterview Homes
retreat, ministry office, bed & breakfast, m edical office or
Branson Area Foreclosures & your great idea. 17 office room s, 5 bathroom s, full eat-in
Short Sales kitchen, 2 fireplaces, 3 conference room s, one wired as a
studio, over 1000 sq ft o f w arehouse space with 16 x 10
Blue Eye Subdivisions
overhead door, designed for a second level, parking
HollEterSubdN/Ebns spaces, park like lot within 5 minutes to the Branson
Landing. Shown by appointm ent only!
Kimberling City Subdivisions
Sale Info
Kirbyville Subdivisions
Financing: C ash, C onventional
Reeds Spring Subdivisions F o re clo su re S h ortsa le: No
T e n a n t Pays: None
Ridgedale Subdivisions
Possession: Negotiable
W alnut Shade Subdivisions Has R estrictions: Yes
Avm : No
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Featu res: 220 Power, Basem ent, C able Tv, Delivery
Contact Us Doors, Drapes, Fireplace, Garage Bays, Inside Storage,
Private Restroom s, Reception Area, Sm oke Detectors,
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4/1/13 1482 Lakeshore Dr Branson MO Real Estate | | Branson MO Homes for Sale
Price: MLS#:
$375,000 346314
Status: Class:
pending C om m ercial Industrial
Square Feet: Y e a r Built:
6,067 1995
A rea : County:
Ct Taney
Property Info
Class Sub T y p e : C om m ercial
Construction: Frame, Vinyl, Wood
Cooling: C en tral Electric
C urren t Use: G eneral Office, W arehouse
Electric: Em pire Elec
Parking: 6-10 Spaces
Roof: Com position Shingle
Stories: 4
W ater And Sew er: Sew er-Public, W ater-Private Well
W ater View: None
Livable Sqft: 5,067
Has Living Qtrs: Yes
Num Units: 0
Property Form at: 3
Zoning: C om m ercial
F ire p la ce : Brick, Other
F ire p la ces: 2
Heating: C entral Electric, Heat Pump
Inside City: No
Direction R em arks: Business 65 & East 76 across Lake
Taneycom o to left on East Hwy 76 to left on Lakeshore
D rive past Kanukak cam ps to sign on right.
Lot Info
Lot D escription: W ooded, Level
Lot Size: 151 X 199
Parcel Num ber: 08-8.0-28-000-000-086.002
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HIS House Bed & Breakfast
Division 119 Permit 2013-0003
Pictometry - Ortho View
HIS House Bed & Breakfast
Division III Permit 2013-0003
Pictometry - North View
HiS House Bed & Breakfast
Division 111 Permit 2013=0003
PIctometry - South View
HIS House Bed & Breakfast
Division III Permit 2013-0003
Pietometry - East View
HIS House Bed & Breakfast
Division III Permit 2013-0003
Pictometry - West View
His House B&B
P&Z Public Meeting Packet
The original county PDF remains the downloadable record artifact and the printable source document.