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.org
AGENDA
TANEY COUNTY BOARD OF ADJUSTMENT
WEDNESDAY, MAY 21, 2014, 7:00 P.M.
COUNTY COMMISSION HEARING ROOM
TANEY COUNTY COURTHOUSE
Call to Order:
Establishment o f Quorum
Explanation o f Public Hearing Procedures
Presentation o f Exhibits
Governing Statutes
Public Hearing:
Branson Sports Club\ Variance Request
Review and Action:
Minutes, April 2014
Old and New Business:
Tentative
Adjournment.
TANEY COUNTY BOARD OF ADJUSTMENT
VARIANCE STAFF REPORT
HEARING DATE:
May 21, 2014
CASE NUMBER:
2014-0004V
APPLICANTS:
Branson Sports Club Inc. / Larry & Pam Dapprich
LOCATION:
The subject property is located at 418 Buchanan Road, Branson,
MO; Branson Township; Section 8, Township 23, Range 21.
REQUEST:
The applicants, the Branson Sports Club Inc / Larry & Pam
Dapprich are requesting a variance from Section 7, Table 3, (Lot
Size & Frontage Requirements) of the Taney County Development
Guidance Code and Article 9, Section 3, Table 1 of the Taney
County Subdivision Regulations concerning the two (2) acre
minimum lot size.
BACKGROUND and SITE HISTORY:
The subject property is an approximately 2.32 acre (per Branson Sports Club Minor Subdivision Plat)
meets and bounds described tract of land also known as Lot 1 of the (Un-Recorded) Cedar Ridge
Subdivision.
On June 16, 2003 the Taney County Planning Commission issued Division III Permit 2003-0024
authorizing the development of a gymnasium (Branson Sports Club, Inc.) and six (6) storage units.
On July 21, 2005 the Taney County Regional Sewer District approved Septic Permit 2005-0199 for
the construction of an engineered, advanced septic system that was to serve both the Branson Sports
Club and also the Little Ones Learning Center (owned by Larry & Pam Dapprich) located on the
adjoining property to the East.
The applicant’s are now wishing to subdivide the 2.32 acres property in question into two (2) lots. If
the variance is approved Lot 1 would be +/- 1.09 acres and would consist of the Branson Sports Club
and Lot 2 would be +/- 1.23 acres and would consist of the existing mobile home, storage building
and the advanced septic system serving the Branson Sports Club and the Little Ones Learning
Center. A copy of the Branson Sports Club Minor Subdivision has been attached for your review.
Board of A djustm en t Variance Staff R eport - B ranson Sports Club, Inc. / Larry & Pam Dapprich - 2 0 1 4
0004V
Page 1
GENERAL DESCRIPTION:
The property in question is an approximately 2.32 acre meets and bounds described tract of land,
located at 418 Buchanan Road, Branson.
The applicants, the Branson Sports Club Inc / Larry & Pam Dapprich are requesting a variance from
Section 7, Table 3, (Lot Size & Frontage Requirements) of the Taney County Development Guidance
Code and Article 9, Section 3, Table 1 of the Taney County Subdivision Regulations concerning the
two (2) acre minimum lot size. Per the provisions of these regulations, the minimum lot size for a
property served by an on-site wastewater treatment system is two (2) acres.
REVIEW:
The applicants have indicated that the property in question was donated to the Branson Sports Club
with the intent of separating the personal property owned by Mr. & Mrs. Dapprich (the mobile home
and storage building) from the property owned by the Branson Sports Club, LLC a non-profit 501 (C)
3. The applicants have indicated that it will be extremely difficult to continue to operate the Branson
Sports Club as a non-profit entity with the other structures (the mobile home and storage building)
being located on the same lot. No further development of the property is planned or even possible
due to the space limitations of the site; with the existing structures and wastewater treatment system
occupy much of the property. The applicants have further indicated that if the variance request is
granted, a private sanitary sewer easement will be drafted and filed with the Recorder of Deeds,
ensuring access to sanitary sewer for Lot 1 via the shared septic system area located upon Lot 2.
STATUTORY REQUIREMENTS OF APPROVAL:
Per the requirements of Missouri Revised Statutes the Board of Adjustment shall have the have the
following powers and it shall be its duty:
“Where, by reason of exceptional narrowness, shallowness, shape or topography or other
extraordinary or exceptional situation or condition of a specific piece of property, the strict application
of any regulation adopted under sections 64.845 to 64.880 would result in peculiar and exceptional
difficulties to or exceptional and demonstrable undue hardship upon the owner of the property as an
unreasonable deprivation of use as distinguished from the mere grant of a privilege, to authorize,
upon an appeal relating to the property, a variance from the strict application so as to relieve the
demonstrable difficulties or hardships, provided the relief can be granted without substantial detriment
to the public good and without substantially impairing the intent, purpose, and integrity of the zone
plan as embodied in the zoning regulations and map.”
Board of A djustm en t Variance Staff Report - B ranson Sports Club, Inc. / Larry & Pam Dapprich - 2 0 1 4
0004V
Page 2
STAFF RECOMMENDATIONS:
If the Taney County Board of Adjustment approves this variance request, the following requirements
shall apply, unless revised by the Board:
1. Approval of a variance from the two (2) acre minimum lot size requirement,
allowing the property in question to be re-platted, to consist of Lot 1 which shall
be approximately 1.09 acres in size and Lot 2 which shall be approximately 1.09
acres in size.
2. A private sanitary sewer easement shall be drafted and filed with the Taney
County Recorder of Deeds Office, ensuring access to sanitary sewer for Lot 1
(the Branson Sports Club) and also the property description of the tract of land
containing the Little Ones Learning Center via the shared septic system area
located upon Lot 2.
3. Compliance with all of the other provisions of the Taney County Development
Guidance Code.
4. The Decision of Record shall be filed with the Taney County Recorder’s Office
within 120 days or the approval shall expire (Chapter 7.3.4 Taney County
Development Guidance Code).
Board of A d ju stm e n t Variance Staff R eport - B ranson Sports Club, Inc. / Larry & Pam D apprich - 2 0 1 4
0004V
Page 3
Av
TANEY COUNTY BOARD OF ADJUSTMENT
APPLICATION and AFFIDAVIT
FOR VARIANCE OR APPEAL
(Circle one)
Variance ($125.00) Appeal ($125.00)
PLEASE PRINT
DATE
A pplicant Branson Sports Club Inc. /Larry Dapprich
Phone417-334-5927
Address, City, State, Zip 4 1 8 Buchanan Rd_____________________________
Representative L arrY D a p p ric h ____________________________ Phone4 1 7 -5 9 8 -0 5 8 7
Owner o f Record Branson Sports Club _______________ Signature:________________________
Name o f Project- Branson Sports Club Minor Subdivision
'
fir tijfc * ,
J , 7a. i / c j s
Section of Code Protested: (office entry) f x r t i o * 1 'J&b/c -? y r vr. /ortsnrsiY
/
(■>&..<.-/a.^r.c C av e.
‘M
Address and Location o f site: 418 Buchanan Rd., Branson Mo. 65616_______ ^ _
Subdivision (if applicable) Branson Sports Club Minor Subdivision_______________
Section 8
Township ^ 3 Range ^
Number of Acres or Sq. Ft. Approx. 2.32__________
Parcel Number 08_3.0-08-000-000-018.000
Does the property lie in the 100-year floodplain? (Circle one)___________Yes X X X X X XX ^0
Required Submittals:
| ’/ ]
Typewritten legal description o f property involved in the request
Postage for notifying property owners within 600 feet o f the project
|
Proof o f public notification in a newspaper o f county-wide circulation
^Proof o f ownership or approval to proceed with request by the owner
Sketch plan/survey of the project which completely demonstrates request
Please give a complete description o f your request on page two.
4*7'
D escribe in d e ta il th e reason fo r vour req u est;
Please see Exhibit "A"
VERIFICATION
In signing this application, I fully understand, and will comply with, the
responsibilities given me by the Taney County D evelopm ent Guidance Code. I
certify that all subm ittals are true and correct to the best of my knowledge and
belief, and that my request may or may not be approved by the Taney County
Planning C om m ission’s Board O f Adjustm ent.
V / z - i ) n
S ignature o f A pplicant
D ate o f A pplication
ST A T E O F M IS S O U R I
S.S. On this
,201
day o f
CO U N TY OF TANEY
B efore me P ersonally appeared
, to me know n to be
the person described in and w ho execute& ^he foregoing instrum ent.
In testim ony W hereof, I have hereunto set my hand and affixed m y official seal, at m y
office in Forsyth, M o. T he day and year first above w ritten. M y term o f office as N o tary
Public w ill expire 2/6/20 yT. S
17 /
........... / s .
NOTARY f , ;
SEAL ,-fe r
B O N ITA K IS S E E -S O U T E E
My commission Expires
February 6,2018
Taney County
Comittlsilon #10440057
B o n ita K issee, N o tary P ublic
A
Exhibit "A"
W e are requesting a variance from the provisions of A rticle 9, Section 3, T able 1 of the T a n e y
C o un ty Su bd ivisio n R egulations and S e ctio n 7, T able 3 of the Taney County D evelopm ent
G u id a n c e C o d e concerning the m inim um lot size for a single-fam ily dw elling and a sports club
use w hich are each served by sep arate on-site w astew ater system s.
The current lot size is approxim ately 2.32 a c re s and co nsist of the Branson Sports Club
building, a m obile hom e trailer that has its own septic, a storage building and a advanced drip
se w er system that se rvice s the B ran son Sp o rts C lu b and Little O n es Learning C enter on an
adjoining property.
R ecen tly this original property w as donated to the Branson Sports C lu b with the intent of
separating the section with the m obile hom e and storage lot off and back to the original ow ners
"Larry and Pam Dapprich" P le a se se e attached "Contract for exchange of real estate".
T h e new B ran son Sports C lu b M inor Su bd ivisio n would consist of Lot 1 w hich would be
approxim ately 1.09 acre s and Lot 2 w hich w ould be approxim ately 1.23. Lot 1 has the Branson
Sp o rts C lu b Building on it and Lot 2 has the m obile home, a storage building and the advanced
se w er system .
Exhibit "B" show s the current layout of the property that w e are requesting to be split.
Exhibit "C" show s the entire subdivision with the current property. T his subdivision already has
m ultiple properties that have been split le ss than 2 acres.
W e are wanting to get this property split so that the Branson Sports C lu b w hich is a non-profit
501 (c)3 will be on its own property and personal interest on lot 2 will rem ain personal interest. It
will be extrem ely difficult to operate the B ran so n Sports C lu b as a non-profit with th ese other
structures on the land and it is not in the best interest of all parties involved. No further
developm ent of the land is intended or even p ossib le due to the sp a ce that the existing
structures and system take up.
If this varia n ce is granted, a private e asem e n t for sanitary sew er between Lot 1 and Lot 2 will be
drafted and recorded which will be a perpetual e asem en t and run with the land.
E xh ib it "B"
Legend
n
Parcels
Roads
§gj Lakes
f~) Corporate Limits
O
Parcel ID
08-3.0-08-000-000-018.000
Alternate ID n/a
Sec/Twp/Rng
8-23-21
Class
n/a
Acreage
n/a
Property Address 418 BUCHANAN RD
BRANSON
Townships
Owner Address BRANSON SPORTS CLUB INC
418 BUCHANAN ROAD
BRANSON MO 65616-8713
District
4CWX
Brief Tax Description
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O F F IC E O F T A N E Y C O U N T Y 911 A D M IN IS T R A T O R
I h e re b y c ertify th a t th e m in o r s u b d iv isio n s h o w n o n th is p la t h a s b e en
a p p ro v e d b y th e T a n e y C o u n ty 911 A d m in is tra to r.
MINOR SUBDIVISION
BRANSON SPORTSCLUB
D E S C R IP T IO N AND E X E C U T IO N O F PLAT:
T h e u n d e rs ig n e d B R A N S O N S P O R T S C L U B , IN C ., a M is s o u ri n o t f o r profit c o rp o ra tio n , d o e s
h e re b y c e r tif y th a t it is o w n e rs in F e e S im p le o f th e fo llo w in g d e s c r ib e d p a re d o f la nd.
P A R T O F T H E S W 1 /4 0 F T H E S E 1/4
S E C T IO N 8 , T 23N , R 21W , T A N E Y C O U N T Y , M IS S O U R I
BRYAN W. STALLINGS
Wo^RANTY DEE0 BY CORPORATION
BOOK 450. PAGE 441 1 -44 1 3
D E S C R IP T IO N :
A ll o f th a t p art o f th e S W 1 /4 o f th e S E 1 /4 , S e c tio n 8, T o w n s h ip 2 3 , R a n g e 21, d e sc rib e d a s
fo llo w s: B e g in n in g a t th e S o u th e a st c o m e r o f th e E l / 2 o f th e S W 1 /4 o f th e SE1/4 o f S e c tio n 8,
th e n c e W 3 2 7 .3 2 fe e t, th e n ce N 3 3 4 .5 7 fee t, th e n c e E 3 2 7 .3 2 fe e t, th e n c e Souih to th e p o in t o f
b e g in n in g .
S a id la n d h a s b e en su rv e y e d a n d su b d iv id e d in th e m a n n e r s h o w n h e re o n a n d sa id su b d iv isio n is
to b e h e re a f te r k n o w a s B R A N S O N S P O R T S C L U B , a m in o r s u b d iv is io n . T tis p la t d o c s not
in v o lv e th e c re a tio n o f an y n e w s tr e e t, r ig h ts - o f -w a y o r ro a d s. A ll u til ity ease m ents sh o w n h e re o n
a re re lin q u is h e d a n d d e d ic a te d to th e u se o f th e a p p ro p ria te u tility c o m p a n y .
B R A N S O N S P O R T S C L U B , I N C ., is th e so le o w n e r o f th e p r o p e r ty describ e d h e re o n , w h ic h is
w ith in th e s u b d iv is io n r e g u la tio n ju r is d ic tio n o f th e C o u n ty o f T a n e y , a n d tha: w e fre ely a d o p t th is
p la n o f s u b d iv is io n a n d d e d ic a te to p u b lic u s e a ll a re a s s h o w n o n th is p la t a s casem ents o r
d e fic ie n t R ig h t o f W a y , e x ce p t th o s e sp e c ific a lly in d ic a te d a s p r iv a t e , a n d thac w e w ill m a in ta in a ll
s u c h a re a s u n til th e o ffe r o f d e d ic a tio n is a c c e p te d b y th e a p p ro p r ia te p u b lic authority.
IN T E S T I M O N Y W H E R E O F , th e u n d e rs ig n e d h a v e h e re u n to s e t th e ir h a n d s a n d se al this
________________ d a y o f , __________________________, 2 0 1 4 .
B R A N S O N S P O R T C L U B , IN C ., a M iss o u ri n o t f o r p ro fit C o r p o r a tio n
K E R R Y M O R R O W , P re sid e n t
ACKNOW LEDGM ENT:
S ta te o f M isso u ri
C o u n ty o f T a n e y
_, 2 0 1 4 , b e fo re m e p e r s o n a lly a p p ea re d K erry M o rro w to
_ day o f _
m e k n o w , w h o , b e in g b y m e d u ly s w o r n d id sa y th a t s h e is p r e s i d e n t o f B R A N S O N S P O R T S
C L U B , I N C ., a n o t fo r p ro fit c o rp o r a tio n o f th e S ta te o f M is s o u ri, a n d th a t the se al a ffix e d to
fo re g o in g in stru m e n t is th e c o rp o r a te se al o f s a id C o r p o r a tio n , a n d th a t sa id instrum ent w a s sig n e d
a n d s e a le d in b e h a lf o f sa id C o r p o r a tio n b y a u th o rity o f its B o a r d o f D ire c to r; a n d sa id K erry
M o r ro w a ck n o w le d g e sa id in stru m e n t to b e th e fre e a ct a n d d e e d o f s a id C orp o ratio n .
IN T E S T I M O N Y W H E R E O F , I h a v e h e re u n to se t m y h a n d a n d a ff ix e d my o ffic ia l se a l, a t m y
o f fic e i n _________________________________ th e d a y a n d y e a r first a b o v e w ritten.
N o ta ry P u b l ic :_________________________________
P r in te d N a m e :_________________________________
M y C o m m is s io n E x p ir e s :.
K n o w n a ll m e n b y th e se p re se n ts:
T h a t I, K en n e th J. B u c h a n a n , d o h e re b y d e c la re th a t th is p la t w a s p r e p a re d u n d e r m y p e rso n a l
s u p e rv is io n fro m a n a c tu a l s u r v e y o f th e la n d h e re in d e s c r ib e d , p r e p a re d by R o z ell S u r v e y , d a te d
S e p te m b e r 0 3 , 2 0 1 3 , a n d s ig n e d b y K e n n e th J. B u c h a n a n , L .S . N O . 2 3 4 0 , in d th a t the c o m e r
m o n u m e n ts a n d lot c o m e r p in s s h o w n h e re in w e re p la c e d u n d e r th e p e rsonal s u p e rv is io n o f
K e n n e th J. B u c h a n a n , L .S . N o . 2 3 4 0 , in a c c o rd a n c e w ith th e c u r r e n t "M issouri M in im u m
S ta n d a rd s fo r P ro p e rty B o u n d a ry " s u r v e y s a n d th e s u b d iv is io n r c g u la tio n s o f T a n e y C o u n ty ,
M iss o u ri.
D IA m K A Y U E B O U J 1 -8. 2 4 2 4
K E N N E T H J . B U CH AM AN I S . 2 3 4 0 , P S -8 . 1307
SURVEYED
FOR:
ALL PLATS THAT DO NOT SHOW
A SAL lUPtSMT M RED MK
UA1 HAVE BED) FRAUDULENTLY
ALTRED. ALL MFORUATION
SHCULD BE DISREGARDED UNLESS
VEKF1ED BY THE PROFESSIONAL.
LAW SURVEYOR WHOSE S1CNMURE
APfEARS ON THIS DOCUMENT.
BRANSON SPORTS C LU B , INC.
LARRY L. AND PAMELA S. DAPPRICH
SECTIONAL MAP
R 21 W
DATE:
3 -5 -2 0 1 4
CHECKED BY:
ROZELL S U R VEY CO .
1031 f. BATTLEFIELD STE 118
SPRINGSELD. MISSOURI 65807
( IN FEET )
1 in c h = 40 ft.
BK0 t*2 OPG75 I 0
£23 13 L_
13? - O i s f
REC. FEE: 29, m
PAGESt 3
ro b e rt a M im l re c o rd e r
o f t a h e y c m w n , m» » o h e r e b y
CERTIFY THAT THE »3TB3JJ
INSTRUMENT OF WR1TIHG, SAS*
OH
AT lit8»:45 ASH
DULY FILED FOR R E C O R D AMD IS
RECORDED IM THE R E C O R D S OF
THIS OFFICE.
IW BOOK VJl-c
AT PAGE 75/o-75/2. IS TESTIHOSY
WHEREOF, I HAVE HEREUST0
SET MY HARD AMD A F F I X E D MY
OFFICIAL SEAL AT FORSYTH, H G f
AssrjcvJkp
0298943
X
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
R EC O R D O F D E C IS IO N D I V I S I O N I I I
B R A N S O N S P O R T S CLUB, IN C . A N D P A C K R A T S T O R A G E
JUN E 1 6, 2 0 0 3
P E R M IT # 0 3 - 2 4
On June 16, 2003 the Taney County Planning Commission (grantor) approved a request by
Pamela Dapprich (grantee's) to develop a gymnasium and 6 storage units for commercial use. In
accordance with this approval a Division III Permit #03-24 is issued for the property located at
the attached legal description.
The following Decision of Record details this approval and lists all applicable conditions:
Larry and Pamela Dapprich are authorized to construct a gymnasium and 6 additional storage
units on property located at 414 Buchanan Road in Sec. 8 and 17 Twp. 23 Rng. 21. With six out
of nine Planning Commissioners present, the vote to approve was unanimous. The following
conditions shall be complied with:
1.
Compliance with the Taney County Development Guidance Code (Divisions II and III
permits), that includes plans for the following:
a.
b.
c.
d.
e.
f.
Site plan with scale of buildings, streets and onsite parking.
Sediment and erosion control
Stormwater management
Delineation of the 100 year floodplain
Utility easements and building line setbacks
Land grading permit (if applicable)
2.
Compliance letters from the Fire, Sewer, and Water Districts.
3.
Maximum number of storage units shall not exceed six (6).
4.
The Decision of Record shall be filed with the Taney County Recorder's Office within 120
days.
Legal description attached
,DEPUTY
BK01»2OPG7 5 I 2 -
02BBB2
In signing this record o f decision I understand that any breach in the
terms o f the Division III Record o f Decision will result in the revocation o f
this perm it I further agree to abide by and comply with all the
requirements o f the Taney County Planning Commission and the
Development Guidance Code.
Signature,
/ '<
P
-—
9 K V W .-& 1 & -
i - « Mr
r i /
;
c.
As the D esignated official for the Taney County Planning Commission, I hereby issue the
foregoing docum ent as the permit and decision o f record as detailed above.
Greg Sm/th, Taney County Planning Comm ission
STATE OF M ISSOURI )
day o f i d
S.S. On this
COUNTY OF TANEY
A.
2003
)
Before me personally appeared Greg Smith and Larry and Pamela D apprich to me know n
to be the persons described in and who executed the foregoing instrum ent.
In testimony W hereof, I have hereunto set my hand and affixed my official seal, at my
office in Forsyth, M issouri the day and year first above written. My term o f office as
Notary Public will expire 2/6/06
A
5
s
p u b lic
%
a
no tary
Bonita Kissee, N otary Public
BONITA KISSEE
NOTARY PUBLIC • STATS OF ?SS0UR1
TANEY COUNTY
MY COMMISSION EXPIRES F & 8,200S
All that part o f the N W 14 o f the N E V* lying N o f the County road in
Section 17, Tow nship 23, Range 21. And all that part o f the SW 14
o f the SE 14, Section 8, Township 23, Range 21, described as follows:
Beginning at the SE com er o f the E h alf o f the SW 14 o f the SW % o f
said Section 8, thence W 327.32 feet, thence N 334.57 feet, thence E
327.32 feet, thence S to the point o f beginning.
F ut i
P ro p o sed G ym
A pprox. 120’ by 1 5 0 ’
Pi oposed St.
' b\ 60
Fur
Fun
Future
Future
BOA Branson Sports Club
NOTICE
Of PUBLIC HEARING
''W ill K o l d a p u b l i c n e a r i n g c o n c e r n i n g t.
f o l l o w i n g r e q u e s t e d v a r i a n c e o r a p p e a i.
licantl
R e q u e st:
P r o p c r r y L o c a v io n :
H e a r i n g L o c a tio n : T a n e y C o u n t y C o u r r h o u s c
T im e : 7:OOpm
Dace: W e d n e s d a y .
P hone: ( 4
m 7~)
5 4 6 -7 2 2 5
l~ V
i
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.org
MINUTES
TANEY COUNTY BOARD OF ADJUSTMENT
WEDNESDAY, APRIL 16, 2014, 7:00 P.M.
COUNTY COMMISSION HEARING ROOM
TANEY COUNTY COURTHOUSE
Call to Order:
Chairman Dave Nelson called the meeting to order. A quorum was established
with four members present. They were: Dave Nelson, Tony Mullin, Shawn Pingleton,
and Tom Gideon. Staff present: Bob Atchley and Bonita Kissee-Soutee.
Mr. Atchley read a statement exp!aining the meeting procedures and placed the
Taney County Development Guidance Code into evidence as Exhibit A, the staff report
as Exhibit B, and the staff files including all pertinent information as Exhibit C, and the
Board of Adjustment Bylaws as Exhibit D. The state statutes that empower and govern
the Board of Adjustment were read.
The speakers were sworn in before their respective hearings.
Public Hearing:
SMBZ, LLC; a request by Steve Creedon to appeal the Planning Administrator's
denial of the Division I Permit application to construct a single-family residence at 172
Moberly Mill Road. The denial was based on the Taney County Development Guidance
Code Section 10 (Improvements, Installation, Phasing and Maintenance), a Division I
Permit cannot be issued at the aforementioned location until such time that the
installation of the road infrastructure serving said lot is guaranteed. The applicant feels
the denial is baseless, and is requesting that the County utilize bond funds to construct
the road infrastructure within the Mill Creek Phase II Subdivision. Mr. Atchley read the
staff report and presented maps and a video of the site. Mr. Creedon addressed the
Board and stated that his intent was not to build gravel roads, that in his opinion it is
the County's responsibility to install the rest of the roads in the subdivision because a
bond was not posted in the beginning. He stated that he would pay for the curb and
gutter. Mr. Creedon stated that the remaining roads do not have the final coat of
asphalt and in his opinion the County should pay for this as well. Also in Mr. Creedon's
opinion because the original developer lost this property to the bank, and could not
finish the project, it is not his fault that the roads are not to standards. Mr. Pingleton
addressed the Planning Commission decision of record and stated that he sat on the
Planning Commission at that time. Mr. Nelson asked Mr. Creedon if he researched the
project before he bought the property. Mr. Creedon stated that he did, and clarified
which lots he purchased. Mr. Gideon stated that whether or not a bond was in place
should be clarified. Mr. Pingleton stated that a bond should have been collected at the
time, but whether the County is responsible for the roads is not the Board's
responsibility. Robert Olson who lives the closest to the proposed house, stated that
the road in front of his house collapsed a few years ago and was never fixed. He said
he doesn't care who fixes it, just that it is fixed. There were other property owners
present who felt they should not have to shoulder the burden to fix the roads. Mr.
Olson also pointed out this makes a decline in property values. Carrie VanSickle stated
that as a property owner she did not want another house build on the road that has not
been completed. Mr. Nelson closed the public hearing after everyone had spoke. Tom
Gideon made a motion to deny the appeal of the Division I permit. Tony Mullen
seconded. The vote to deny was unanimous.
Dennis & Christine McClintic; a request for a variance from Section 7, Table 3,
(lot size and frontage requirements) of the Taney County Development Guidance Code
and Article 9, Section 3 Table 1 of the Taney County Subdivision Regulations concerning
the two acre minimum lot size. The reason for this request is that the applicant wishes
to sell a "dog leg" area to the adjoining property owner who currently utilizes the
property as a driveway into his home. Mr. Atchley read the staff report and presented
maps and a video of the site. Mr. McClintic addressed the Board and explained he
purchased the property about 3 years ago and the previous owner had allowed the
adjacent property owner to utilize the property for a driveway and that he cannot
access it and it does not access his property even though he owns it. The adjacent
property owner has the property for sale so he would like to be able to sell this portion
to him to complete his property. Discussion followed regarding where the wastewater
system is located and how Mr. McClintic accesses his property. After discussion the
public hearing was closed. Tony Mullen made a motion to approve the variance. Shawn
Pingleton seconded. The vote to approve was unanimous.
Ted Underhill, LLC; a request for a series of variances from the provisions of the
Taney County Development Guidance Code, Subdivision Regulations and, Road
Standards concerning minimum road right of way width, minimum easement width, and
setback variances. The applicant is seeking to convert the development from a
condominium style of ownership to a more traditional form of ownership. Mr. Atchley
read the staff report and presented maps and a video of the site. Mr. Charlie Engrum
representing the applicant explained that this property was abandoned for over 3 years.
He explained that the wastewater plant needed to be installed and other things done to
be able to sell the property. So a lot of money was spent on the site, therefore why this
request is being made to be able to sell the property and recoup the money. Mr. Gideon
asked that Mr. Atchley and Mr. Engrum clarify the variance requests. Mr. Pingleton
clarified the firewall provision, and that if this request is approved the nightly rental
section goes away. Rob Robbins who lives in one of the units stated that in his opinion
a change of this type is a good idea. After discuss on the public hearing was closed.
Shawn Pingleton made a motion to approve as presented with the addition of the
removal of the nightly rental on the May 16, 2011 decision of record. Seconded by Tony
Mullen. The vote to approve was unanimous.
Review and Action:
Minutes, February 2014; with no additions or corrections a motion was made by
Shawn Pingleton to approve the minutes as written. Seconded by Dave Nelson. The
vote to approve the minutes was unanimous.
Old and New Business:
No discussion.
Adjournment:
With no other business on the agenda for April 16, 2014 the meeting adjourned
at 8:17 p.m.