Board of Adjustments Minutes

T a n e y C o u n t y P la n n in g C o m m issio n
P. O. Box 383 3 Forsyth, Missouri 65653
Phone: 417 546-7225 / 7226 ° Fax: 417 546-6861

TANEY COUNTY BOARD OF ADJUSTMENT
WEDNESDAY, AUGUST 15, 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 five members present. They were: Dan Boone, David Herd, Trent
Edwards, Howard Kitchen, and Rick Persinger. 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 the speakers.

Review and Action:
Minutes, July 9, and July 17, 2018; with no additions or corrections a motion was
made by Mr. Kitchen to approve the July 9, minutes as written. Seconded by Mr. Herd.
The vote to approve the July 9 minutes was unanimous. With no additions or
corrections a motion to approve the July 17 minutes was made by Mr. Edwards.
Seconded by Mr. Herd. The vote to approve the minutes was unanimous.

Public Hearings:
#18-05V; Raymond Greevers proposed side setback variance for a garage
located at 613 Fruit Farm Road. Mr. Starrett presented the staff report and location
maps of the site. The Board had asked Mr. Greevers to work an agreement out with
the homeowners association. The building will be placed at an angle making a corner
within 2' of the property line. Mr. Todd Aeschliman president of the homeowners
association reported that the association had not approved what was presented. The
association will work with the Greevers to try and approve the project. Mr. Edwards
asked if they could comply with their requirements, would the association approve
them. Discussion followed. No meeting has transpired with the Greevers according to
Mr. Aeschliman. Mr. Starrett reminded the Board that the covenants should not enter
into their decision. Further discussion followed. Mr. Boone stated that before the Board
acts, he would like to see the Greevers work something out with the association. Mr.
Persinger discussed the location of lateral lines, and since they are on a plant that is a
non-issue. After discussion a motion was made by Mr. Persinger to deny the request.
Mr. Kitchen seconded. Mr. Persinger stated the reason for making the motion to deny
was lack of adequate information. The vote to deny was unanimous. The Board
suggested the applicants meet with the association, come to a decision, and possibly
reapply.

#18-05A; Turkey Crossing LLC rehearing on Board of Adjustment denial of
permit 18-05A appeal dated June 20, 2018. Mr. Starrett presented the staff report and
 location maps of the site. Nancy Gruble and Jessica Grogan were present to represent
the applicant. Mr. Starrett presented the staff report which included a history of th e
project, and location maps of the site. An application has been turned in adjacent t o
this property for a similar use. Ms. Grogan clarified the request. Mr. Persinger pointed
out that if a special use permit is approved and the property is sold the use would n o t
follow. In his opinion this possibly should be a Division III. Josh and Janet Weaver w ho
are neighbors spoke in opposition of the request. Gary Clark also spoke in opposition of
the request. He stated that his property is surrounded by nightly rentals, and they a ll
come to his house with their questions and problems. Other concerns were; traffic,
noise, safety, and compatibility. He presented a picture of a sign which is at the
entrance to the subdivision stating that it is residential. Michael Hyams who is one o f
the owners of Branson Cedars which is nightly rentals, asked the Board to stop
approving nightly rentals in residential communities. He explained the rules nightly-
rental resorts have to follow and that a residential house does not have to follow. Mr.
Starrett clarified that the DNR would have to be involved in this project. Gary Haupt is
on the Board of Directors of Oakmont Community, and offered a copy of a document
agreed upon by the Board stating their position on nightly rentals. The Board did not
look at the document. The document stated that it was the desire that the Planning
Commission not approve anything in direct conflict with their covenants. Mr. Edwards
asked for clarification of which properties they own which contain nightly rentals. Those
properties are in Oakmont Community. Mr. Kitchen stated a concern about the number
of nightly rentals in that area and all the problems that they cause. With no other
discussion a motion was made by Mr. Kitchen to deny based upon general safety and
welfare of the community. Mr. Persinger seconded. The vote to deny was four in favor
and one abstention.

#18-06A; David and Trudy Barker rehearing on Board of Adjustment approval of
appeal dated June 20, 2018 denying Division III special-use permit #18-010 located at
122 Fieldstone Dr. Saundra Strange was present to represent the request. She was
confused about the appeal. The Board and Mr. Starrett explained that Mrs. Strange
being the applicant was appealing the case. Mr. Starrett presented the staff report and
location maps of the site. Mrs. Strange presented her case and a handout of
information. She stated that this appeal should not have been granted a rehearing, and
explained in her opinion why. The representative for the Barkers, Megan McDowell
addressed the concerns brought forth by Mrs. Strange. She presented maps and other
information to back up the reasons to allow the unit to continue nightly rental. Mr.
Kitchen pointed out a difference between nightly rental and residential is a usage tax.
Ms. McDowell addressed the question. Karen Murphy rebutted comments made by Ms.
McDowell. Mrs. Strange clarified some of the statements brought for by Ms. McDowell.
After both sides were presented, the Board discussed; the amount of nightly rentals in
the neighborhood affecting compatibility, there being nightly rental since the subdivision
started, and no rule saying there can't be or that only a certain number could be nightly
rental, there is a homeowners association in place and they are trying to put the burden
on the County to police, nightly rental has deteriorated the neighborhood, and possibly
the switch to nightly rental in 2008 might have saved the community. Mr. Starrett
clarified that the appeal is the Barkers appeal to overturn the approved Planning
Commission permit, and a motion to approve the appeal takes away the approval. T o
deny the request the permit stays in place. With no other discussion a motion was
made by Mr. Edwards to deny the appeal. The motion died for lack of second. Mr.
Kitchen made a motion to approve the appeal based upon the general compatibility' of
the surrounding community and safety and comfort of the residents. Mr. Persinger
seconded. The vote to approve was three in favor and two against the motion. The
appeal was approved.

Old and New Business:
No discussion.

Adjournment:
With no other business on the agenda for August 14, 2018 the meeting
adjourned at 7:50 p.m.