P&Z Public Meeting Packet
Search this PDF in the browser, review county metadata, and fall back to the original file at any time.
P&Z Public Meeting Packet
?
This HTML record preserves the readable text of the county PDF for browser-first access. The original county PDF remains available as the downloadable file of record.
Use this text-first HTML view to read and search the document in the browser. Use the original PDF when you need the official page layout, bid tab formatting, or the county file itself.
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 0 Forsyth, M issouri 65653
Phone: 417 546-7225 / 7226 • Fax:417546-6861
website: www. tcmeycounty. orjy
AGENDA
TANEY COUNTY PLANNING COMMISSION
PUBLIC HEARING
MONDAY, JUNE 12, 2017 6:00 P.M.
COUNTY COMMISSION HEARING ROOM
TANEY COUNTY COURTHOUSE
Call to Order:
Establishment of Quorum
Explanation of Meeting Procedures
Presentation of Exhibits
Public Hearing:
#17-19 Hinkle Workshop
U17-21 Beths Breakaway Vacation Rental
#17-22 141 Monte Cristo Drive Nightly Rental
Old and New Business:
Tentative
Adjournment
Copies of this notice may be obtained by contacting the Planning Office at the above address and phone number.
Posted: 06/05/2017 By: MP Time: 10:00 am
Posted At: David St. entrance to the Taney County Courthouse bulletin board, outside the County Commission meeting room
At the Taney County Courthouse and the office of Planning and Zoning.
Taney County Planning Commission
Division III Permit Staff Repo rt
HEARING DATE: June 12, 2017
CASE N U M BER : 2017-019
PROJECT: H inkle W orkshop
APPLICAN TS: C am ille Hinkle
REPR ESEN TA TIVE: A n d rew Hinkle and Cam ille Hinkle
LOCATION : T he subject p rop erty is located at 226 Barbs Lane, Forsyth, M isso u ri,
Sw an Tow nship , Section 34, To w n sh ip 24, Range 20.
R EQ U EST:
The applicant, Camille Hinkle is seeking Planning Commission approval of a Division III Perm it
for a pole barn to be built and used for building fishing lures, located at 226 Barbs Lane,
Forsyth, Missouri. The barn will also be used to store a personal boat along with other storage.
BACKGRO UN D and SITE HISTORY:
The property at 226 Barbs Lane is approximately 1.6 acres in size as per the Taney County
Assessor's information. There is a single fam ily home located on the parcel. The applicant has
indicated no w ater will be connected to the pole barn thus no requirements for a waste w ater
system. The lures will be sold via the Internet. The pole barn will not be used as a store front.
There will be no signage on the pole barn.
The current application was approved for Concept May 15, 2017.
The Property is currently served by an existing driveway off Barbs Lane.
The project received a total score of 3 on the Policy Checklist.
1
STAFF RECOMMENDATIONS:
If the Taney County Planning Commission approves Division III Permit #2017-019, the follo-wing
requirements shall apply, unless revised by the Planning Commission:
1. Compliance with the provisions of the Taney County Development Guidance Code.
2. Compliance letter from the Central Taney County Fire Protection District.
3. No outside storage of equipment or solid waste materials.
4. This decision is subject to all existing easements.
5. A Division II Permit will be required for all applicable structures in the development.
6. A Decision of Record shall be filed with the Taney County Recorder of Deeds Office
within 120 days or the approval shall expire (Appendix D, Step 6).
2
IN
W ^ E
Hinkle Workshop
2.1 3 Ac(c)
S kF*-
^B e a co n Taney County, MO
Overview
Legend
] Parcels
O Addresses
Parcel Lines
FORSYTH EAST
— STATE LINE
— C O U N T Y LINE
— TWP/RNG LINE
— SECTIO N LINE
— CORP7DISTRICT
LINE
PROPERTY LINE
RAILROAD
LOT TIC'S
W ATER/D RAINAG
TRANSMISSION
LINES
□ Subdivisions
Roads
Lakes
FORSYTH EAST □ Corporate Limits
101ft
Date created: 2/8/2017
Last Data Uploaded: 5/20/2013 10:17:09 PM
iW k Developed by
Schneider ^be Schneider Corporation
SITE PLAN
Name of Applicant:: ( f Ayy\ ill6 j|
Please diagram your property lot lines with dimensions, showing location of
streets/roads and access to property, structures (proposed & existing), easements, and
distances front the proposed structure (s) to all o f your property lot lines.
-----------— ----- /<?<? 4
i
i/
/
/
/
/
/
i
>>
/ \ s 1 n* [ '
/ y
{ >( r
r-
1
I
!
*i
/
f
/
/ s'
/
/ h w if-
// \ J
/ M/
Details: All measurements are from the requested structure to your property lines.
My structure will face l~ ) [1Private [] County [] State
(Name & indication o f street/road)
______^ ^ ^ Feet Front Setback L Feet Side Setback
\7> o Feet Rear Setback i (A) ft. Feet Side Setback
TANEY Taney County Planning Commission
COUNTY Division III Special Use Perm it
Staff Report
HEARING DATE: June 12, 2017
CASE N UM BER: 2017-021
PROJECT: B eth's B reakaw ay's Vacation Rental
APPLICANTS: Beth Ham m ond
R EPRESEN TA TIVE: T race y Lightfoot and Beth H am m ond
LOCATION: T he subject property is located a t 186 Fairlane Drive, Ridgedale,
M issouri, O liver Tow nship , Sectio n 07, Tow nship 21, Range 21.
R EQ U EST:
The applicant, Beth Hammond is seeking Planning Commission approval of a Division III Special
Use Permit allowing for the nightly rental use of the existing single family residence, located at
186 Fairlane Drive, Ridgedale, Missouri. The request includes lots 3, 4, 5, 6, 34 and 36, Block 54
of Ozark Paradise Village. The six (6) lots total area is approximately 1.65 acres.
BACKGRO UN D and SITE HISTORY:
Per the Assessor's information the single family residence was constructed in 2009. A Division I
permit number 09-048, was issued April 10, 2009 for a thirteen hundred and sixty (1360) square
foot single family home.
Taney County Regional Sewer District permit number 09-036 was issued April 30, 2009 for the
onsite system located at 186 Fairlane. The onsite system consists of a 1000 gallon septic tank
and 250 lineal feet o ften (10) inch SB2 pipe eighteen (18) inches deep.
The adjacent lots are currently vacant in Ozark Paradise Village.
1
The application indicates the water is supplied by a community well.
The current application was approved for Concept May 15, 2017.
The Taney County Development Guidance Code defines nightly rental as "A residential building,
structure, or part thereof that may be rented for any period of time less than thirty (30)
calendar days, counting portions of days as full days."
The exterior appearance of the single family residence will remain the same. Per the nightly
rental provisions of the Development Guidance Code, "The maximum occupancy for a nightly
rental shall be two (2) persons per dwelling unit, plus two (2) persons per bedroom and o n e (1)
off-street parking space shall be provided for each two (2) person of occupancy in a Nightly
Rental".
The Property is currently served by an existing driveway off Fairlane Drive.
The project received a total score o f -1 on the Policy Checklist.
STAFF RECO M M EN DATIO N S:
If the Taney County Planning Commission approves Division III Special Use Permit #2017-021,
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 letter from the Western Taney County Fire Protection District.
3. A valid Missouri Department of Revenue Sales Tax License number shall be provided to
the Planning Department prior to the issuance of a Certificate of Compliance.
4. This decision is subject to all existing easements.
5. The residence located at 186 Fairlane Drive shall accommodate (sleep) no more than the
Maximum Occupancy "The maximum occupancy for a nightly rental shall be two (2)
persons per dwelling unit, plus two (2) persons per bedroom". The total occupancy may
2
be further limited based upon the provisions of the Western Taney County Fire
Protection District requirements and regulations.
6. The Beth's Breakaway's Vacation Rental Special-Use permit is specific to the
representative 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.
7. The current contact information for the property shall be posted on the property and on
file in the Taney County Planning office.
8. A Decision of Record shall be filed with the Taney County Recorder of Deeds Office
within 120 days or the approval shall expire (Appendix D, Step 6).
3
Taney County Regional Sewer District
SEWER PERMIT APPLICATION
417-546-7220
(PE R M IT M U ST BE VISIBLY POSTED ON C O N S T R U C T IO N SITE)
( t ^ f J e w INSTALLATION/SOIL EVALUATION REQUIRED ( ) HOOK TO EX ISTIN G
( ) H O O K TO CENTRAL ** (See disclaim er below) ( ) Open & Repair ** (N ote work to be done)
( ) Holding Tank
P ro p erty Owner’s Name
A ddress 5 /V , C S C 71
Street o r P.O. Box City Stale Zip
Phone (_ ________ ). (Please include area code)
AppIicant’sName y _______________________________________________________________
M ailing Address ^ ^ (*______Telephone Number I f I
L O C A T IO N
Physical Location o f Property (911 Address)
Subdivision Lot Block
C ounty Road Name State Hwy. Access It
LEGAL DESCRIPTION
Section___________ Township ___ Range______
T ract Size (Sq. Ft. or acres) 1^ S \f J %D Type o f Structure (Fram e, M obile, Etc) _F c_ ^ ) H g
S ize o f Structure # o f Bedrooms 3 . Parcel No.
UTILITIES
Water Supply: District # _____________________ Private Well ( Private Subdivision ( )
I f P rivate, please specify with sketch)
Electric Company: ( l^fw h ite River ( ) Empire Other
Sew er S y stem ( ) Septic ( ) Central O th er__________
Installers Name: ^Qi\ S f r u a l ov\5
P L E A S E R E A D B E F O R E S IG N IN G
In sig n in g th is application, I understand that if the inform ation provided herein is nol true, my perm it will b e revoked. I understand and agree to abide by the
req u irem en ts o f the T aney County Regional S ew er D istrict. The Taney C ounty Regional Sew er D istrict assu m es no lia b ility for the installation o r performance
o f an y sew er system. I agree to all inspections on m y property deem ed necessary to secure com pliance w ilh all C ounty C o d e s relevant to this application.
** D IS C L A IM E R F O R H O O K IN G TO E X IS T IN G S Y S T E M : I understand that when hooking (o an e x istin g sy stem , 1. the ow ner o f the property, am
so le ly responsible for Installing a New System to Code should the existing system fail at anytim e before C e n tral Sew er becom es available (o hook onto.
SIGNATURE OF PROPERTY OWNER Date
' N ot Valid without Property O w ner’s S ig n atu re
F O R O F F IC E U SE ON LY
/a o O C o /ic, - f - q s i t
Q 5 0 ' J O * U l . p i P *
... o T ir e A ^ r G
SKETCH SITE PLAN
DRAWN BY: ip6»\ m r^ o n S FOR: Co.r<\ I U
(TN'Sl'ALLER) (H O M E OWNER)
N
WE
S
D E S I G N DETAILS (fill in the blanks)
/£)__ Diameter or type o f lateral pipe
Ft. o f 4 ” SCH 40 between house and tank
Ft. o f 4 ” SCH 40 past excavation hole
/ P f O Gallon concrete septic tank
C 6 n ‘Type o f manufacturer o f tank
____ % of slope in lateral field
t
Ft. Setback to property line y
y Y.t
j 0 ® Ft. Setback to well {jje' /
____ Service connections to well (including this one)
/COO 6*1 k * C'c/K-. Sw'"'" ‘ "\
e. • i / I 11 ■r >£,V
Zee
/
! n ^ c /ir f /[fe .-fh e r. J ja r -te n
•** 7 v *
ON-SITE SEWAGE DISPOSAL SYSTEM
PERMIT NUMBER
CONSTRUCTION PERMIT
AG -
OWNER NAME
\ 1
f * r tf y / ;■
SITE ADDRESS
i <f/' rv /
>
' v if i" r-i Ir I<1/) f
CITY
: rf_ i f i i 0
DATE PERMIT-ISSUED FINAL INSPECTION DATE
' // /
7 7 /^ 7 LH : r j i t Y i
SIGNATURE OF INSPECTOR
# i / /v/,,
./ * APPROVED Yes No
—//•..
ily\ / /V’
N O T IC E
1. The design, construction, operation and maintenance of sewage treatment and
disposal systems, whether septic tank systems, privies or alternative systems,
shall be the responsibility of the designer, owner, developer, installer or user of
the system.
2. Actions of representatives of the administrative authority engaged in the
evaluation and determination of measures required to effect compliance with the
provisions of this rule shall in no way be taken as a guarantee or warranty that
the sewage treatment and disposal systems approved and permitted will
function in a satisfactory manner for any given period of time. Due to the
development of clogging mats, which adversely impact the life expectancy of
normally functioning ground absorption sewage treatment and disposal systems
and variables influencing system function which are beyond the scope of this
rule, no guarantee or warranty is implied or given that a sewage treatment and
disposal system will function in a satisfactory manner for any specific period of
time
May I t , 2017
Taney County Planning Commission
RE: Hearing/Beth Hammond
To Whom This May Concern:
We are homeowners, permanent residents of 140 Fairlane Drive, Ridgedale, Missouri.
We were recently advised of a request from Beth Hammond to allow operation of a
nightly rental BUSINESS for a residential home at l?6 Fairlane Drive, Ridgedale, MO.
I would 1st like to say that having a "nightly rental" business in the home directly on the
side of us would cause us much distress due to the fact that we were the victims of a
home invasion on Dec. 2?, 2012. We still suffer from that event, and the idea of
complete strangers coming in and out of the house next door is terrifying to us.
Our street is a quiet, residential area. It is very nice and all the homeowners take pride
in their properties.
We retired in 2007 and purchased our home on Fairlane Drive as our permanent
residence. As a result, we have invested a big amount of our retirement in our home.
It would be wrong to allow a "nightly rental" for profit, at the expense of the permanent
homeowners in the area and especially those on Fairlane Drive.
Most persons using a "nightly rental" are on vacation with their friends and families.
Vacations are a time for fun, get togethers & parties. I believe that a "nightly rental*
would also produce increased noise and traffic on the street.
I also believe that purchasing a residential home in Oakmont Association, for the intent
of a "nightly rental" for profit is not allowed in their bylaws.
1
We wanted to send you our thoughts and feelings on this endeavor to allow a "nightly
rental" business in our residential neighborhood.
We respectfully request that whomever decides this please consider our concerns and
put themselves in our shoes. Would you want a "nightly rental" business next door to
your family residential horn?
Thank you for your time.
Sincerely.
Danny and Sheryl Spiker
■
m m w W S .
*is>
;•**.•.-£C«^V•>-.s:> <X
S *1®?
*>» v : .
Taney County Planning Commission
Division III Special Use Perm it
Staff Report
H EARING DATE: June 12, 2017
CASE N U M BER: 2017-022
PRO JECT: 141 M onte Cristo Drive Nightly Rental
A PPLICAN TS: Thom as & Julie Strickler R evocable Trust
R EPR ESEN TA TIVE: Tom Strickler
LO CATIO N : The subject p rop erty is located at 141 M onte Cristo Drive, Villa # 2 8 ,
U nit B, H ollister M is s o u ri,, Scott T o w nship , Section 28, Tow nship 2 2 ,
Range 21.
R EQ U EST:
The applicants, Tom and Julie Strickler are requesting the approval of a Division III Special Use
Permit allowing for the nightly rental use of the existing single family residence, located at 141
Monte Cristo Drive, Hollister, Missouri.
BACKG RO UN D and SITE HISTORY:
Per the Assessor's information the single family residence was constructed in 2007. The single
family residence is held in condo style ownership at the Villas of Fieldstone at Branson Creek
Development.
Western Taney County Fire Department has inspected and approved the single family home as
"okay to occupy" and the inspection report is on file in the Taney County Planning Office.
The current application was approved for Concept May 15, 2017.
1
The Taney County Development Guidance Code defines nightly rental as "A residential bui I ding,
structure, or part thereof that may be rented for any period of time less than thirty (30)
calendar days, counting portions of days as full days."
i
The exterior appearance of the single family residence will remain the same. Per the n ig h tly
rental provisions of the Development Guidance Code, "The maximum occupancy for a n ightly
rental shall be two (2) persons per dwelling unit, plus two (2) persons per bedroom and on e (1)
off-street parking space shall be provided for each two (2) person of occupancy in a Nightly
Rental".
The Property is currently served by an existing drive off Tuscany Drive.
The project received a total score o f -1 on the Policy Checklist.
R EV IEW :
Tom has owned the single family home since April 2011 and has used it for nightly rental fro m
April 2011 to present. Tom markets the single family home on his own and not through an y
onsite venders such as VRBO, Local Real Estate Agents, etc. The single family home has been
rented to friends and acquaintances exclusively except on two (2) occasions. Tom wants to limit
the rentals due to the wear and tear of the home as he also uses the villa as a second hom e.
Tom has donated the home for fundraisers such as: lola Reading Festival, Kansas Crime
Stoppers Association, Bowlus Fine Arts Center, Rotary District 6110 Youth Exchange, Allen
Community College Endowment Association, etc. Jerry and Julie Jones owners and residents of
the other half of the duplex addressed as 116 N Tuscany Drive, have submitted an email to the
Planning office stating they have not had any problems and have not been inconvenienced in
any way and have no objections to the Strickler's home being used as a nightly rental.
STAFF RECO M M EN D A TIO N S:
If the Taney County Planning Commission approves Division III Special Use Permit #2017-022,
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 letter from the W estern Taney County Fire Protection District.
2
3. A valid Missouri Department of Revenue Sales Tax License number shall be provide d to
the Planning Department prior to the issuance of a Certificate of Compliance.
4. This decision is subject to all existing easements.
5. The residence located at 141 Monte Cristo Drive shall accommodate (sleep) no m o re
than the Maximum Occupancy "The maximum occupancy for a nightly rental shall b e
two (2) persons per dwelling unit, plus two (2) persons per bedroom". The total
occupancy may be further limited based upon the provisions of the Western Taney
County Fire Protection District requirements and regulations.
6. The 141 Monte Cristo Drive Vacation Rental Special-Use permit is specific to the
representative 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.
7. The current contact information for the property shall be posted on the property and on
file in the Taney County Planning office.
8. A Decision of Record shall be filed with the Taney County Recorder of Deeds Office
within 120 days or the approval shall expire (Appendix D, Step 6).
3
N
141 Monte Cristo Drive Nightly Rental
W E S T E R N T A N E Y CO UN TY F IR E PRO TECTIO N D ISTRIC T
221 JEFFERSON RD. BRANSON, MO. 6 5 6 1 6
Job Name:. — TJJ [A
Job Address: f A r j £T Z / l t S / O —--- —— —-— /--------------- ■'
------------------ ------------------------------ ------------------ Dare Wanted: _<r .
Type o f inspection:___ f — ( / c . fc._______________________________ □ AM" T -O p
FNDyiJNDR FL ROUGH IN INT WALL FINAL INSP
□ I . FIR E P L . □ 5 . G AS LN S . □ 5 . H VA C □ J . iN SU LA T. □ 1. HVAC
□ 2 . K IS E R □ 2 . S P K R /S T O PIPE □ G. F IR E S T O P □ Z. =tC CHANL □ 2 . ADORES
□ 3. ELEC □ 3 . FIR E ALM. □ 7 . A B V CLG □ 3 . DRWL FA S JS(_3. FIRE
□ 4 . HOODS □ 8. OTHEP. □ A. PEN ETRAT
□ 4 . HOODS
□ 5 . OTHER □ 5 . OTHER
OTHER:______________ i------ -
-H ^ -C T
6 f c / U \~o ( M .o P - V
I I
(IF R E JE C T E O , M A K E C O RREC TIO N S - C A L L F D R REIN SFEC TIO N ]
(~ 7 f 2 - g -
■ - -
.'s A l d lQ ; / I s -
_ - =y-
A
■
r\
K) W r
... _ ■ /'
INSPECTO R S IG N : \ \
TfJ- °m S/<S/t7
'J
PHONE: ^3^3440 FAX: 334-344S
ORIGINAL- FILE COPT - CUSTOMER
FORM OZB-GD030D
Scott Starrett
From: Tom Strickler [Tom.Strickler@ communitynational.net]
Sent: Wednesday, May 24, 2017 2:44 PM
To: Scott Starrett
Subject: FW: 141 Monte Cristo
Good afternoon Scott.
I have attached the email that we received from Derry and Dulie Dones who own and reside in
the other half of our duplex. I assume that you will want this for your records, and I will
also bring a copy with us for the public hearing. Thanks, Tom.
Tom Strickler
Senior Executive Vice President
Community National Bank & Trust
120 E. Madison, P. 0. Box 447
Iola, KS 66749
tom.stricklerOcommunitvnational.net
620-365-6000, Extension 11311
620-365-6995 (fax)
620-365-9330 (cell)
NLMS# 420009
---- Original Message-----
From: Tom Strickler [mailto:tjstrickler@cox.net]
Sent: Wednesday, May 24, 2017 7:32 AM
To: Tom Strickler
Subject: FW: 141 Monte Cristo
---- Original Message-----
From: Dulie Dones [mailto:juliejones.inc@gmail.com]
Sent: Tuesday, May 23, 2017 8:09 PM
To: tjstrickler@cox.net
Subject: 141 Monte Cristo
Dear Taney County Planning Commission,
Our home at 116 N Tuscany is attached to the Tom and Dulie Strickler's home at 141 Monte
Cristo in Hollister. We have not had any problems or been inconvenienced in any way by the
Strickler's use of their home as a vacation home which they occasionally rent to friends and
family. We have no objections to their continued use of their home in this manner.
Sincerely,
Derry and Dulie Dones
116 N Tuscany Dr
Hollister, MO 65672
Sent from my iPad=
l
At Community National Bank & Trust, we're committed to protecting your privacy and security.
We will never initiate a request for sensitive information from you via email (ie. , Social
Security Number, Personal ID, Password, PIN or account number). We strongly sugges -t that you
do not share your Personal ID, Password, PIN or account number with anyone, ever. IMPORTANT:
If you're a Community National Bank & Trust customer and have replied to such an email,
please immediately call Community National Bank & Trust at 620-431-2265. CONFIDENTIALITY
NOTICE: This message contains information from Community National Bank & Trust which may be
confidential and privileged. If you are not an intended recipient, please refrain -from any
disclosure, copying, distribution or use of this information and note that such ac-tions are
prohibited. If you have received this transmission in error, please notify by e-mail
techsupportiScommunitynational.net and destroy all copies of the original message. Thank you.
2
■^1
■==3
P^S)
(S )
Scott Starrett
From: Susan [trsmith@centurytel.net]
Sent: Friday, May 19, 2017 1:49 PM
To: Scott Starrett; P&Z
Subject: Branson creek violation
Attachments: image1.JPG; ATT00001.txt; image2.JPG; ATT00002.txt
This is how the nightly renters park at 110 N Tuscany in Branson Creek. Can't get up
driveway, to steep. The owner Mr Watson has not appeared before PZ to acquire permit. He is
being defiant and renting anyway.
l
Scott Starrett
From: Sheila Wyatt
Sent: Monday, May 22, 2017 5:01 PM
To: Lisa Aguirre; mscofield@ co.taney.mo.us; P&Z; Scott Starrett
Subject: RE: Branson Creek - Nightly Rentals
Lisa,
If I did not explain well I w ill try to give you a be tter explanation as w hy I am advised to not reply to these em a ils and not
give my opinion. Due to statem ents made by you in regard to a possible law suit the commission's a tto rn e y requests I
not have fu rth e r com m unication in regard to both parties o f the nightly rental issue. This includes people o n both sides
o f the nightly rental issue in this area th a t have contacted me. It is not just you.
Respectfully,
Sheila W yatt
From : Lisa Aguirre [ mailto:hollisterladyquilts@ gmail.com]
S en t: Monday, May 22, 2017 10:43 AM
To: Sheila W yatt; mscofield@co.taney.mo.us; P&Z; Scott Starrett
S u b je ct: Branson Creek - Nightly Rentals
Mr. Scofield and Ms. Wyatt:
I have previously addressed correspondence to Ms. Wyatt in w hich she said she could not answer m y questions
due to statements I made at a m eeting in the Court House. I am guessing my b elief that the county is "corrupt"
is the core o f your concern. M y com ments are m y opinion and as a free A m erican, I am entitled to that opinion
whether you like it or not. You are elected officials and while you may not think you can respond t o me, I do
believe it is your duty to hear my concerns.
I would specifically like to address the approval for a Special Use Perm it for the property located a t 112 N.
Tuscany Dr. This particular property was approved by the Planning & Zonning Comm ission together with a
group o f approxim ately 20 other applications. This unit was presented as a three bedroom unit. It is not. The
unit is a two bedroom and a loft/m edia room. It does not meet the requirem ents o f a bedroom hav ing a closing
door, closet and operational window. The com m ission did not bother to address this issue nor did th e y address
the difficult parking for this particular unit. A lthough it does have a tw o-car garage, the driveway is at a very
steep incline and "guests" have chosen to park in the street or at our pool rather than deal with the drivew ay.
The Certificate o f Conformance was inspected and approved by Bonita K issee-Soutee on April 13, 2017. I
have attached a copy o f the docum ent as w ell as a document posted on this unit that states that the m axim um
occupancy o f this residence is 10. This unit should have been approved for a m axim um o f 6 occupants.
Because the P & Z Com m ission did not properly determine the num ber o f bedroom s in this unit, it appears it
was approved for 8 w hich is still 2 occupants under what is currently posted.
I would like to know if an em ployee o f the County actually inspected this property to see that it is only a tw o-
bedroom unit. Further, if there were any changes m ade to this property, the owner should have gone back to the
county with another Special Use Perm it requesting a new approval for any changes made and the public should
have had an opportunity to voice concerns as is protocol.
The residents o f Branson Creek are filing the necessary paperwork today for a hearing with the B oard o f
Adjustm ents to appeal this decision o f record due to the fact that the Planning & Zoning Comm ission approved
the initial request w ithout proper due diligence.
l
Is this w hat we can expect going forward? The residents o f this community have expressed ju st t h i s scenario in
our opposition to nightly rentals. The owners/managers will sim ply do exactly w hat they w ant w itlio u t regard
to the regulations and requirem ents the perm it was issued under. In direct contrast to M issouri l a w (as pointed
out on numerous occasions), the county has left the policing o f this issue to the perm anent re sid e n ts o f Branson
Creek. We, the perm anent residents, have no choice but to point out the defects and ask that this p ro p erty 's
Special Use Perm it be revoked.
The favor o f a reply is requested as I am a voting constituent in your district and I plan on using t h i s particular
scenario as follow-up w ith the local newspapers and K SPR 33 in Springfield.
Sincerely,
Lisa Aguirre
210.412.2468
hollisterlQdyquilts@qmQil.com
2
Valley View
Villa
112 N orth T uscany D rive. H ollister. M O 65672
M anaged By: Sunset Nightly Rentals-417-334-37X0
Owner: Valley View Villa, LLC -398 N Powderhorn Drive, Fayetteville,
AR 72704
Rules and Regulations:
1. Valley View Villa is permitted to sleep up to 10 people
2. O ff street parking is strictly prohibited. Up to 5 vehicles can be
parked at the property in the garage and driveway only
3. Trash p ic k u p is on Tuesday
Emergency Contact Numbers:
For emergencies please call 911
Taney County Sheriff- 417-546-7250
Taney County Planning-417-546-7225
Western Taney County Fire District 417-334-3440
TANEY COUNTY PLANNING COMMISSION
P.O. Bo x 383, Fo rsyth, MO 65653
Telephone: (417) 546-7225
F a x: (417) 546-6861
CERTIFICATE OF CONFORMANCE
Project:
Representative:_______________ _______
This certifies that Division III Permit # has met
All required absolute policies of the Taney County Development
Guidance Code and all requirements imposed by the Taney County
Planning Commission.
Inspected by:. .Division III Inspector
Date: _
ALL OF UNIT B OF VILLA 27 THE VILLAS OF FIELDSTONE AT BRANSON
CREEK, VILLA 27 AS PER THE RECORDED PLAT RECORDED IN SLIDE
CABINET "J" AT SLID E 250 & 251 OFFICIAL RECORDS OF TANEY COUNTY
M ISSO URI AND PLAT RATIFICATION FILED ON OCTOBER 27, 2008 AS
Scott Starrett
From: Karen Murphy [klmnjm40@ gmail.com]
Sent: Sunday, May 28, 2017 10:52 PM
To: P&Z
Subject: Branson Creek
Against the covenants. This is what we have to contend with having transient people who don't c a r e about
rules.
Please do not approve any more rentals.
From: Karen M urphy
Sent from my iPhone
Begin forwarded message:
From: Susan < trsmith@ centurytel.net>
Date: M ay 28, 2017 at 4:52:52 PM PDT
To: M urphy K aren <khiinim40@ gmail.com>
Subject: Pool
Beautiful!
W alked by the pool this was my view from the gate.
l
Sent from my iPhone
2
Scott Starrett
From: Susan Smith [trsmith@ centurytel.net]
Sent: Monday, May 29, 2017 6:35 AM
To: P&Z
Subject: Complaint 209 Stoney Pt Branson Creek
Com plaint 209 Stoney Pt
Sunday the 28th at approxim ately 9:30 PM, I was trying to enjoy some quiet tim e on my deck. U n fortunately
the loud m usic and partying coming from 209 Stoney Pt prevented that from happening. Since th at hom e is
m anaged by SUN SET nightly rentals, I called the num ber that is posted on several o f their rentals.
Got a voice m essage w ith several different options, not one is specific for official complaints. F in a lly after
several attem pts selected the option for nightly renters that have "maintenance issues".
Finally Spoke to a real person and told her m y complaint.
U nfortunately this is w hat she said. We don't have a specific option on our voicem ail for co m p lain ts but I can
put your info in the the com puter and someone will call you back the next business day. I said h o w does that
help me now? She said that is all she could do!
Seriously, is this w hat the PZ approved ? I thought they inform ed u s .....local representative a v ailab le 24/7 for
complaints.
She apologized and said she was sorry, but again said that's all she could do.
This is totally a violation o f w hat the PZ com m issioners told us.
Scott, to m y know ledge, this hom e is owned by Contem porary Housing LLC and has not received th e ir C o f C
to be in com pliance or to even being renting.
I didn't called the County Sheriff, but if this is the best m anagerial assistance w e get from Sunset N ightly
Rentals, then I w ill put Jim m y Russel, county S heriff on my speed dial.
Sent from m y iPad
l
Scott Starrett
From: Susan Smith [trsmith@centurytel.net]
Sent: Sunday, May 28, 2017 6:27 PM
To: P&Z
Subject: 112 N Tuscany Branson Creek
Com plaint 112 N Tuscany
These nightly renters occupying 112 N Tuscany are not respectful and have no regards to how o ffen siv e they
are to our residents. These people m ost definitely were not vetted properly and not informed o f th e regulations
within our neighborhood. The m anagem ent company is lacking in their responsibility.
This is not party central nor is it a Resort!
I have never been so em barrassed for m y friends while out walking past 112 N Tuscany. No one sh o u ld be
subjected to that kind o f vulgar language, they were yelling am ongst them selves. They were d ru n k and loud
and disturbing everyone.
I have notified the so called m anagem ent company, but if it is not contained immediately I will be calling the
county sheriff.
Unfortunate that w e have to waste the County sheriffs time over this nuisance.
Sent from my iPad
l
Scott Starrett
From: W ally Sinko [wallysinko@ me.com]
Sent: Tuesday, May 30, 2017 10:09 AM
To: Scott Starrett
Subject: Fwd: Violation 165 N Tuscany
This is a perfect exam ple o f how nightly rentals, this being 165 N Tuscany, Fieldstone, Buffalo R id g e , violate
our covenants. In our rules which are to be posted in each Villa, it clearly states, nothing hanging o n rails.
Also, 157 N Tuscany is continuing nightly rentals & they have N O T installed a sprinkler system, n o r are they
doing necessary outside maintenance. This affects me directly as I am a perm anent residence that liv e s next
door at 155. I have been forced to take this to the appeal board as there is N O EN FORC EM ENT sy stem in
place. Investors continue to disregard the covenants as they all know there will be no enforcem ent.
PLEASE, as a perm anent residence who does N O T w ant to move, do N O T A PPRO V E ANY M O R E
N IG H TLY RENTALS!
Cheryl Sinko
573-222-8440
155 N Tuscany Dr
Hollister, Mo 65672
Sent from my iPad
Begin forw arded message:
From: Susan Sm ith <trsmith@ centurytel .net>
Date: M ay 30, 2017 at 8:38:12 AM CDT
To: W ally Sinko <w allysinko@ m e.com >
Subject: V iolation 165 N Tuscany
l
Sent from m y iPad
2
Scott Starrett
From: Karen Murphy [klmnjm40@ gmail.com]
Sent: Friday, May 19, 2017 11:49 AM
To: P&Z; Scott Starrett; Branson Creek Scott Bailey; Branson Creek Stacey Blevins; Oak Tree
Capital Jason Keller; Asaro Guy; Meridian - Rey Ross Guy Asaro
Subject: Branson Creek
Attachments: FullSizeRender.jpg; ATT00001.txt
Thanks for allowing nightly rentals in our community!!! See picture below or attached.
Dust one case wherein the owner who rents said they didn't have money to do maintenance on
the outside of their home. The permanent owner who is the adjoining villa joined the
maintenance program offered. Branson Creek HOA should have stepped in and completed the
rental side and billed the owner. Also the HOA should have completed the maintenance on any
permanent resident who did not join the maintenance program and bill them too. Of course the
HOA did not and this is what we look at now.
l
P&Z Public Meeting Packet
The original county PDF remains the downloadable record artifact and the printable source document.