Board of Adjustments Minutes

T A N E Y ^ fjk 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 • F ax:417546-6861
^SS^COUNTY website: www.taneycounty. org

MINUTES
TANEY COUNTY BOARD OF ADJUSTMENT
WEDNESDAY, JUNE 20, 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 as
established with three members present. They were; Dan Boone, David Herd, and
Howard Kitchen. Staff present; Scott Starrett and Bonita Kissee-Soutee. Mr. Boone
swore in the speakers. The governing statutes were read by Mr. Starrett who also read
a statement outlining the procedures for this meeting and presented the exhibits. He
explained the procedure for the three member present rule and the Chairman asked the
applicants if anyone wanted to postpone. All requests chose to proceed.

Review and Action:
Minutes, May 16, 2018; with no additions or corrections a motion was made by
Mr. Kitchen to approve the minutes as written. Seconded by Mr. Herd. The vote to
approve the minutes was unanimous.

Reconsideration Request:
Anna Morrissey; Reconsideration request regarding approval of the appeal o f
permit #18-04A, May 16, 2018 for the special-use permit located at 725 Skyline Road.
Mr. Starrett clarified the request, and presented a staff report and location maps of the
site. Ms. Morrissey presented documents regarding safety, road easement, property
values, and Board of Adjustment procedures proving error of law. Donald Penrod who
lives at the end of the road, presented site plans, a survey and pictures of the site and
expressed concerns regarding access of emergency vehicles, county road requirements,
drainage in the ditch, road construction and value, and stormwater runoff. Jacob
Penrod reported an incident that occurred regarding the children playing in the road.
Mrs. Penrod presented pictures of Black Oak Dr. showing it doesn't access their
property. She pointed out some of the negative issues which have occurred on the
property since the property owners of the request have lived there, and the added
traffic a nightly rental causes. Randy Rikart who represents the property owner of the
nightly rental request discussed the reconsideration process and pointed out that the
requirements of such a request have not been presented. He also stated that these
concerns were the same concerns brought forward at the last meeting, and that if the
neighbors wished they should take their concerns at this point to civil court. Mr. Rikart
clarified the previous concerns from the last meeting and presented a picture showing
there is plenty of room for two vehicles to pass on the road in his opinion. Mr. Herd
clarified that this was the only private road in that area. Mr. Kitchen observed that in
the road easement is specified residential road easement, and that at the last meeting it
was brought forward that there is another opportunity for another ingress and egress.
Mr. Rikart stated that there is a dedicated road but not being used. Ms. Morrissey
addressed the nightly rental property in the vicinity that cannot be seen from this
property and their roads are paved, unlike this gravel road. Further discussion followed.
Mr. Kitchen asked Ms. Morrissey to clarify what new evidence she was presenting. She
stated that Mr. Penrod could not be present at the last meeting and that in her opinion
he had new information. With no other discussion the Board discussed whether to grant
the rehearing. Mr. Kitchen made a motion to grant the rehearing. Mr. Heard seconded.
The vote to approve a rehearing was unanimous.

Public Hearings:
#18-05V; Raymond Greevers/variance, proposed side setback located at 613
Fruit Farm Road, for the construction of a garage. Mr. Starrett presented the staff
report and location maps of the site. Mr. Greevers stated that in his opinion that
granting this variance would not inconvenience anyone. Mr. Boone asked if there would
be anywhere else he could locate the garage, plans for access, and clarification of
where the doors would face. Todd Aeschliman representing the homeowners
association stated that no plans for this construction had been presented to them, only
the application and it was not approved. He didn't want a precedence set by this
request being approved. The Board asked if a compromise could be reached with the
HOA. Mr. Boone stated that if they would meet with the HOA and come to a
compromise they would table tonight until they could bring it back to them. The Board
had a concern with a 0 lot line. After discussion a motion was made by Mr. Herd to
move this request to the August meeting. Seconded by Mr. Kitchen. The vote to
postpone was unanimous.

#18-03A; Susan Smith & Karen Murphy/present new evidence for the appeal of
the Planning Commission decision regarding case #17-37 allowing nightly rental on
property located at 114 Fieldstone. Mr. Starrett presented the staff report and location
maps of the site. Mrs. Murphy and Mrs. Smith explained that the reason for the request
was that in their opinion the Planning Commission didn't follow the development code.
They each read prepared statements, regarding the same concerns brought forth at the
previous meeting. They presented packets of information to the Board only. Steve
Lamberson who lives in the neighborhood spoke about the guidelines and reported
some of the same concerns including; noise, drinking on the property, buffering, fire
district guidelines, nightly rentals causing a neighborhood not to qualify for loans, and
compatibility. Paul Frampton another neighbor expressed the same concerns and added
that in his opinion they don't have a real HOA. Cheryl Sinko read a prepared statement.
Lisa Sprague owns a villa but does not live there full time at this point. She is not in
favor of nightly rentals in the neighborhood. Dean O'Brian who is the property owner,
reminded that this request was approved and his sale was contingent on the approval
and they have put money into it. Mr. Kueck representing the owner/buyer stated that in
his opinion people who are trying to comply with the process should not be penalized.
Several other points were brought forward by Mr. Kueck. Mr. Starrett explained item 3.1
of the Code, and addressed the comments. Mrs. Murphy and Mrs. Smith rebutted th e
comments made by Mr. Starrett and Mr. Kueck. Further discussion followed. After
discussion a motion was made by Mr. Kitchen to deny the appeal. Seconded by Mr.
Herd. The vote to deny the appeal was unanimous. Mr. Boone explained what the next
step is for the applicants.

#18-05A; Turkey Crossing LLC/appeal of the Planning Commission decision
regarding case #18-13 to deny nightly rental on property located at Jones and Seiler
Roads. Mr. Starrett presented the staff report and location maps of the site, and asked
that #2 be removed from the Division III Decision of Record, because that will be
addressed under the Division II process. Valerie Budd representing the applicant
presented a packet of information to the Board only, and clarified in her opinion, w hy
the decision to deny should be overturned. Some of the information she presented also
was presented to the Planning Commission. Several people signed up to speak both in
favor and not in favor. One of the employees read two letters from home owners in the
neighborhood who are in favor of the request. Jerry Spicer works for BVR Properties
owned by Gary McSpadden spoke in favor of the appeal. Harry Brannen who owns one
of the cabins managed by Ms. Budd spoke in favor of the appeal. Jessica another
employee of Ms. Budd read two letters in favor of the appeal. Josh Weaver spoke
against the request for appeal. Mr. Starrett clarified the wastewater requirements. Ms.
Budd addressed the concerns. Mr. Kitchen stated his concerns. Ms. Budd answered his
questions. Mr. Herd discussed with Mr. Kitchen why the Planning Commission denied
the request. Mr. Starrett stated that he was asked to bring the request before the
Planning Commission as Division III. With no other discussion a motion was made by
Mr. Herd to approve the appeal. There was no second. Mr. Kitchen made a motion to
deny the appeal. Mr. Boone seconded the motion to deny. The vote was two in favor of
the motion and one to deny. The request failed for the lack of the concurring vote o f at
least 3 members of the Board.

#18-06A; David Barker/appeal of the Planning Commission decision regarding
case #18-10 to allow nightly rental on property located at 122 Fieldstone Dr. Mr.
Starrett presented the staff report and location maps of the site. The applicant was
represented by Saundra Strange who read a prepared statement. She presented a
packet of information to the Board only. Susan Smith commented on statements made
by Mrs. Strange. Christian Horton representing the owner of the property spoke in favor
of the nightly rental. He addressed the covenants, amending the covenants, the
development code, legal remedies, decisions of record, who is charged with solving the
problems of the development. Mrs. Strange addressed the concerns as she saw them.
Some concerns of the other property owners were; not being able to get loans because
there are too many nightly rentals in the subdivision. Mr. Kitchen discussed special use
permits and the medical condition of the adjacent property owner. With no other
discussion a motion was made by Mr. Kitchen to approve the appeal based upon the
compatibility of the adjacent villa. Seconded by Mr. Herd. The vote to approve the
appeal was unanimous.
 Old and New Business:
July 18, 2018 change of meeting date; Mr. Starrett will not be available on this
date to attend the meeting. After discussion Mr. Kitchen made a motion to change the
meeting to July 17, 2018. Seconded by Mr. Herd. The vote to change the meeting to
Tuesday was unanimous.

Adjournment:
With no other business on the agenda for June 20, 2018 the meeting adjourned
at 8:40 p.m.

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