Board of Adjustments Minutes

T A N E Y
T a n e y C o u n t y P l a n n in g C o m m issio n
P. O. Box 383 • Forsyth, Missouri 65653
Phone: 417 546-7225 / 7226 • Fax:417546-6861
^ jj^ ^ C O U N T Y website: www. taneycounty. org

MINUTES
TANEY COUNTY BOARD OF ADJUSTMENT
WEDNESDAY, JANUARY 17, 2018, 6:00 P.M.
COUNTY COMMISSION HEARING ROOM
TANEY COUNTY COURTHOUSE

Call to Order:
Chairman Dan Boone called the meeting to order at 6:00 p.m. A quorum w a s
established with four members present. They were; Dan Boone, Tony Mullen, T rent
Edwards, and Howard Kitchen. Staff present; Scott Starrett, and Bonita Kissee-Soutee.
The governing statutes were read by Mr. Starrett who also read a statement outlining
the procedures for this meeting and presented the exhibits.

Mr. Boone swore in each speaker before the hearing.

Review and Action:
Election of 2018 Officers; Mr. Mullen made a motion to retain the current
officers. Mr. Kitchen seconded. The vote to retain Mr. Boone as chairman and Mr.
Kitchen as Vice-Chairman was unanimous.

Minutes, November 2017; with no additions or corrections a motion was m ade by
Mr. Kitchen to approve the minutes as written. Seconded by Mr. Mullen. The vote to
approve the minutes was unanimous.

Public Hearing;
#17-08A, Brian and Jessica Cox/ Appeal Planning Commission Decision regarding
Case #17-033/night!y rental at 109 N. Tuscany Drive. Mr. Starrett read the staff report
and presented pictures and location maps of the site. Jessica and Brian Cox were
present to address questions from the public and Board. Mr. Cox read a prepared
statement outlining the reasons for the request for appeal. Some of these issues were
the buffer requirement, common wall, compatibility, health of a neighbor and that
neighbor has sold his home and left. In his opinion there are no legal implications for
any of the reasons the Planning Commission denied the request on. Mr. Boone clarified
that the applicants had owned the property for almost two years. Mr. and Mrs. Cox plan
to do the renting themselves and hire a local person to oversee the day to day
operations. Alan Cox, Brian's father stated that the reasons given by the Planning
Commission for denial was in his opinion arbitrary and capricious. There were property
owners present to speak against the request for appeal. The first was Susan Smith who
stated that the nightly rentals approved in the neighborhood had not been approved
according to the requirements of the Code. She reported that since they have had
nightly rentals in the neighborhood there have been disturbances such as vandalism,
noise, drug dealers and trash left on the properties. Karen Murphy stated that she
concurred with the Planning Commission in denying this use on this property. She
discussed the buffering, the common wall, nightly rentals not being allowed in the
subdivision originally, and compatibility. She thought that the Board should openly
discuss an issue before they vote rather than huddle where the public can't hear.
Saundra Strange presented a copy of the material presented to the Planning
Commission with some additions. She emphasized that this property owner is her
common wall neighbor and previously was a single owner not a rental. She also
discussed the common wall, parking, her husband's health, and felt the Planning
Commission had not made a mistake. Mr. and Mrs. Cox addressed the concerns. M r.
Boone stated that in his opinion a neighbor's health is a compatibility issue. Mr. C o x
addressed permanent residents as opposed to people renting the unit. Mr. Kitchen
clarified the difference. After the public hearing the Board discussed the issues. Mr.
Boone asked for a motion for approval, hearing none he then asked for a motion to
deny. Mr. Kitchen made a motion to deny the appeal. Mr. Mullen seconded. The v o te to
deny the appeal was three in favor and one against. The appeal was denied.

Old and New Business:
No discussion.

Adjournment:
With no other business on the agenda for January 17, 2018 the meeting
adjourned at 6:56 p.m.