Builder's request for variance, conditional use permit denied

City Clerk Jeana Lewis, right, swears in Joe Wheeler, left, prior to his testimony at the public hearing on Monday. Staff photo by George Anderson

Wheeler, who appeared with his attorney, Chris Yarbro of Poplar Bluff, Mo., requested the new permit to complete construction on a multi-family apartment complex on Hornbeck Street.

"The ordinance that we are preceding under tonight is the city's General Zoning Ordinance No. 1996-5, and specifically, this hearing takes place under the authority of section 21, which is called variances and conditional use permits," said City Attorney Johnny Dalton. "The public hearing is required whenever someone requests a variance and conditional use permit."

Dalton said that the council's obligation was to hear the evidence and decide if Mr. Wheeler's request meets the following qualifications:

* The location of the proposed use is compatible to other land uses in the general neighborhood and does not place an undo burden on existing transportation, utilities, and service facilities in the vicinity;

* The site has sufficient size to accommodate the proposed use, together with all yards, open spaces, walls, fences, parking and loading facilities, landscaping and other provisions required by the ordinance;

* The site will be served by streets of sufficient capacity to carry the traffic generated by the proposed use, and;

* The proposed use, if it complies with all other conditions required by the ordinance, will not adversely effect other property in the vicinity or the general welfare of the city.

"I hope I'm not improperly summarizing Joe's request," Dalton said, "but as I see it, this zone consists of residential [properties], or it is an "R" zone, which means up to two family dwellings. And what Mr. Wheeler is requesting is a four family dwelling. Chris, does that satisfy you all?"

"That will be fine," Yarbro said. "That satisfies us."

As the hearing continued, Yarbro began presenting evidence on behalf of Wheeler, indicating that his request met all the guidelines set forth by the ordinance.

In his testimony, Wheeler said that the property meets the guidelines set forth by the ordinance because its use is compatible to surrounding structures, as there are several other rental units in the area.

Wheeler also said that the property, which will be divided into four self-contained apartments, meets the size restrictions set forth by the ordinance, as well as the street requirement.

Following Wheeler's testimony, Mayor Joe Lane addressed Wheeler about the issue.

"You say you have [the units] self-contained," Lane said. "Do you have four water meters?"

Wheeler said he had one meter.

"They are not self-contained then are they," Lane asked.

"The water meter is one meter and the sewer line is one sewer line," Wheeler responded.

"I believe a while ago you said they would be self contained," Lane said. "Well, they are not self-contained and that would be something else. We would require a meter for each unit. Each house has got to have a water meter and a separate sewer. This is part of the ordinance we got for when we got a grant for sewer lines and water lines several years ago."

Lane then asked how Wheeler would take care of the water and sewer bills with just one meter.

"I would pay one water bill," Wheeler said.

Lane then asked if any residents in attendance would like to comment on the issue.

"On Walls Street, we have three rental houses," said local resident Linda Webb, adding that there are seven houses on her street. "All of the rest of them are privately owned. I bought my house about 10 years ago. There were some rental houses behind [the property], which most of them are drug dealers. There were tires stacked up all the way to their house. They had [pit bulls]. They had those Doberman's running all over the place. I finally had to put me a fence in when I could afford it. It cost me $2,300 to do that just so I could go in my back yard.

"These are transit houses. They are not for permanent use. These people come in and they are gone, most of them in the middle of the night. Now [Wheeler] is talking about building a building 25 [feet] by 100 [feet]. Four units. How many bedrooms? How many bathrooms? I would like to know."

"There are two bedrooms in every one of them and one bath," Wheeler said.

"And a living room?" Webb asked.

"Yeah. They all have living rooms," Wheeler responded.

"So you got two bedrooms, a bathroom, and a living room," Webb said. "This [building] is 25 feet wide, 100 feet long. Four [units]. 25 [feet] by 25 [feet]. How big are the bedrooms? The size of a closet. How big is the bathroom? These are unlivable."

"My concern is the property that [Wheeler] has in Kennett," said Dana Brooks, another local resident who lives next to the property Wheeler is trying to build. "That is my concern, how this is going to look within six months. Who he is going to put in there. My concern is his upkeep. We have lived there for so many years and after the restaurant burned and it was the concrete slab, he never mowed it. It stayed grown up. Supposedly the city issued him tickets and he never would come and mow it. I know what he has built. That is my concern."

Yarbro then rebutted the residents comments.

"Mrs. Webb, you live on Walls Street right?" asked Yarbro. "Your concern with this structure is the fact that there will be a rental facility there close to your home?"

"I have never been against somebody renting a home," Webb said. "I rented one for years. But, it depends on the landlord. The people behind me are not very good landlords."

"Mrs. Brooks, your concern was more about restrictions of the property. What I mean by that is maintenance, upkeep, those types of things, correct?" Yarbro asked, to which Brooks replied, "Yes."

"Would you be satisfied if there were some restrictions put on the variances to how the property had to be maintained and those types of issues. Would that quail you concerns if that was a specific directive in this variance request?" Yarbro asked.

"Yes it would make me feel better," Brooks said. "I just don't think he would go by it."

Following the rebut by Yarbro, Lane made the recommendation that the council vote to deny Wheeler's request based on the fact that the property would use one sewer line and one water line for the four units, which would be in direct violation of the city's grant for the water and sewer lines.

The council voted to deny Wheeler's request for a variance.

Following the public hearing, the council carried on with their regularly scheduled meeting.

In the meeting, the council voted to adopt an ordinance, changing West Park Street to East Park Street, as to ensure that the residents are counted at census time.

Lane then gave an update on the city's Federal Emergency Management Agency reimbursement.

According to Lane, the city totaled approximately $60,000 in damages. Lane said he assumed the city would receive 75 percent of the money back and should start to see some in five to six weeks.

The council then discussed enforcing the city's curfew, starting immediately. The curfew, which is in effect for people under the age of 16, will be 10 p.m., during the summer. During school, the curfew will be 9 p.m., through the week and 10 p.m., on weekends.

In other matters, the council:

* Accepted a bid from Branum's Disposal for the city's trash service in the amount of $10.25 per home per month and $20.25 per month for businesses. The price will remain in effect for three years;

* Submitted a grant for a backhoe;

* Hired Amanda Weldon to work for the city utility company until Oct. 1, when the council will vote to retain or release her;

* Approved the budget for the next fiscal year;

* Approved to look at options to acquire a new computer for City Clerk Jeana Lewis. Lewis' old computer would then be moved to the mayor's office.

The council closed the meeting by adjourning to executive session to discuss shift changes with police. The details of the changes were not available at press time.