[0:03] Okay, we're going to go ahead and call the September 2nd, 2026 Board of Zoning

[0:07] Adjustments to order. >> Roll call, please. Sarah

[0:10] » Bob Houston, >> present.

[0:11] » Mike Morland. >> Jeff Fletcher,

[0:14] » here. >> We have a quorum. Please rise for the

[0:16] pledge. I pledge algiance to the flag of the

[0:22] United States of America and to the republic for which it stands. One nation

[0:28] under God, indivisible, with liberty and justice for all.

[0:37] » A motion to accept the agenda that presented.

[0:39] » So move. >> I'll second that. All in favor? Two

[0:42] votes, four, zero against. The motion to approve the BZA meeting amends from

[0:46] April 1st, 2026. So move. >> I'll second that. All in favor? Two

[0:51] votes. Four, zero against. Casc codes and zoning department BZA variance

[0:56] number ZV34 for a zoning variance to allow for a one-time event for the dates

[1:01] of October 16th and 17th, 2026. Commonly known as 20906

[1:07] South State Route Yway, Belt, Missouri 64012. I need a motion.

[1:11] » So move. >> I'll second that. Uh Valerie, staff

[1:14] report, please. >> Uh this group did a fundraiser last

[1:17] year. um for a local boy and then they had my understanding it was very

[1:21] successful. They want to do another event this year to be able to help more

[1:24] families and people in the community. Um they may continue this. We've went

[1:30] through the process of what it'll look like if they decide to do that, but they

[1:33] would like to go ahead and go through this one time variance for this event

[1:36] coming up this year. >> Okay. Thank you, Valerie. Any questions

[1:39] for Valer? No. >> This time we're going to open the public

[1:42] comment for variance number ZV34. If you'd like to speak for or against it,

[1:46] please step forward. State your name. Seeing none, we're going to close public

[1:51] comment on PZA variance ZV34. Any further discussion?

[1:56] » No. >> All in favor? Two votes for zero against

[2:00] variance ZV34 passes. Cass County codes and zoning department. BCA variance

[2:06] number ZV35 for a zoning variance of a lot with submitted by an Anna Taylor on

[2:12] behalf of Boonland Partners LLC generally located on the south side of

[2:16] East 285th Street between South Oannon Road and South Index Road, Garden City,

[2:21] Missouri. Need a motion. >> So move.

[2:24] » I'll second that staff report, please. Valerie.

[2:26] » Uh this property by survey is 189.4 ft in width. Our minimum requirement is 220

[2:33] ft. It was surveyed out by an out of county surveyor back in 2009. The

[2:38] property has switched hands multiple times um since then and ultimately ended

[2:42] up being its own 5.77 76 acre track that was transferred. Um the current owner

[2:49] did their due diligence when the title company did everything that they thought

[2:53] they needed to do only to find out that it never went through the proper zoning

[2:56] process to begin with even though it had been sold. So they're wishing to request

[3:01] this variance for the narrower lot fit. The setbacks on this property would

[3:05] still be 25 ft from side property lines and 50 ft from the front and rear which

[3:10] they are aware of that and feel that they can meet it with a new single

[3:14] family dwelling should it be approved. >> Do you know how long ago that was split?

[3:17] » Uh in 2009 was when the survey was done. It was originally sold off as a separate

[3:24] track from what I could tell in 2010.

[3:31] and zoning been in effect in the county since 198.

[3:36] » All right. Thank you, Valerie. Any questions for her right now? No.

[3:39] » Okay. At this time, we're going to open the public comment for variance numbers

[3:43] ZV35. If you'd like to speak for against it, please state your name and address.

[3:50] Okay.

[3:53] [clears throat] Uh Randy Stley, Garden City, Missouri.

[3:57] Melinda Stegley. >> Hi.

[4:01] » Okay. Uh, our land lays on the south side of this

[4:07] piece of land. We don't we want a house there. That's

[4:11] why we're here. But the codes ladies told me it had to be

[4:16] 250 foot wide. Now you're saying 220 today,

[4:20] but it's still it's only 190 or 189, whatever.

[4:25] This this piece of property is a quarter mile long by 190. That's just not fit

[4:30] for a building lot in my opinion. Okay. So, next thing I'd like to say is

[4:37] that property was sold for hunting, which that is prime cash county hunting

[4:42] with the rough quarry being across the road. Uh that's what the last person did

[4:47] with it. But the problem I got here is is this

[4:52] Texas bunch that bought this, they obviously didn't check with the codes

[4:56] department about wanting to sell this to build the house or they would have knew

[5:00] it was too narrow. So my plea is

[5:05] they're asking you to bend the rules so they can profit. And I think that's

[5:09] wrong. So I'll let my wife talk. >> Um like she said, the wit is a codes

[5:17] violation. There's also codes violation. There's supposed to be a 1:4 ratio of

[5:22] width to length and the ratio is 6.95. It's quite a bit over the 1 to4 ratio.

[5:33] So there's, as far as we can tell, there's two code

[5:37] violations there. >> Thank you. Thank you all very much.

[5:41] » Thank you. >> Anyone else like to speak for or against

[5:44] uh zoning variance 35? Please state your name.

[5:49] [clears throat]

[5:52] » I'm Mark Williams and this is Connie Williams and we live at 39001 East 285th

[5:58] Street. We are right next door and we would also not like to see a house built

[6:04] there too. We would originally bought the property knowing that it was only

[6:09] hunting property all the way around us. it was for hunting or it was zoned for

[6:14] agriculture. And that piece of property was originally a uh rideway to Ry's

[6:21] property which he bought in 80 acres below that to the south of that and

[6:25] that's where it attached to. He he eventually sold it to one of his

[6:30] buddies who thought it was hunting land. He said, "Hey, I I you know, it's a big

[6:34] narrow thing. I can't put my cattle on there. I can't do much about it. So, you

[6:38] know, here you go, you say give them don't they'll get them money. He went on

[6:42] and about and then so to our knowledge from that point on you know we we know

[6:47] all of our neighbors around us and everything and we've always had no

[6:49] problem but it's like all they did was hunt them on there so it's no big deal.

[6:53] So and they always took care of the property and everything but it was not

[6:56] expecting to have you know a piece of a any kind of house on there. Also on the

[7:03] uh east side there's a creek, pretty substantial creek. It's dry most of the

[7:09] time, but when it rains, it rains, it fills up very large and it comes down,

[7:17] it washes out that road almost every time,

[7:20] » right? Right in front of it. >> I know we've called the county to come

[7:23] in and put two loads of gravel on it just over the summertime because we

[7:28] couldn't even drive a car down there. We have a a road there that's uh got a

[7:35] what is it? A >> low water.

[7:37] » Low water bridge. >> A low water bridge. And it floods very

[7:40] large several times every year. And sometimes we get closed down. We can't

[7:44] even get out and we have to go the other way. And that road gets washed out. So

[7:48] they it doesn't get washed out. We can't get out. But it so far but it it washes

[7:52] out too. And you know it's like it's just like we got more traffic in there

[7:56] and a building on there putting all kinds of traffic coming in. Anyway,

[8:01] there's supposed to be a a certain distance between our fence

[8:05] » for our yard and a house. And I can't figure out how you could ever put a

[8:09] house on there with the creek on the other side worrying about washing out

[8:14] from that brick. I I just don't I that's about all I

[8:20] » We don't We don't want to bend the rules. Um, we were forced to pay the

[8:23] rules when we were we built over there and we this is a rule that helps us and

[8:28] we think you guys should stick to it because you're trying to cram a tiny

[8:32] little house in there. They don't know about the flood because they probably

[8:35] have never been out here when it's flooded. But it'll it floods bad and it

[8:41] just is it's just going to be a problem all the way around and we need, you

[8:46] know, no less than 1,000 square foot house and then we need our 24 feet on

[8:50] both sides. But they may not be able to do that on the side of where that pond

[8:54] or where that creek is. It may have to be more than that to to get it to fit.

[8:59] And it's another thing too. It's like the this real estate agent come in and

[9:04] they they go around and they just buy pieces of property and and they develop

[9:08] it and that's that's fine and dandy, but this this property is not set up for

[9:13] developing. And they came in offered this guy a ton of money, twice as much

[9:17] as he had for it. And then she's going to go and turn around and sell it for

[9:21] twice as much as it is just to get because it's going to eventually it has

[9:25] to become residential so that they can sell it house on it and that's the only

[9:30] way that she could ever make the money on it. I understand that but on the

[9:34] other hand she shouldn't have bought it in the first place.

[9:37] » So they didn't do the due diligence the sellers needed to hear. I don't think

[9:41] so. That's what happened. Thank you. >> Okay. Thank you all. Anyone else would

[9:45] like to speak for against zoning barriers 35?

[9:50] » Yes. Um, my name is Emmy Hulk and my husband and I, Scott, own the property

[9:54] to the east of this. Um, we are on the side that has the creek and I've

[9:59] wondered that also how it does. It'll it'll it floods. It washes out. Um, but

[10:05] [clears throat] I just agree with the other two of

[10:09] lived in Cass County. I've had to follow rules and I just feel like it's fair to

[10:13] ask others to do that also. So, >> okay. Thank you very much.

[10:18] Anyone else like to speak for variance ZV35?

[10:23] » Hi, I'm Anna Turner. I represent the owner, Boon Land Partners. Um, I would

[10:29] just reiterate what the staff report found. This has been a non-compliant

[10:33] parcel from for as far as we can tell from 2009. It's currently zoned

[10:38] agricultural, but my understanding is it does not comply with those requirements

[10:42] which require at least a 20 acre lot. I think in this case is less than six. So,

[10:47] it's currently non-compliant with the existing zoning designation. Um, this

[10:52] current variance we're requesting is a difference of, you know, 30 feet

[10:57] essentially. Um, and that would bring this parcel in compliance for the first

[11:01] time in almost 20 years with the code. Um the owner did do substantial due

[11:07] diligence before it was purchased and has since worked with the uh planning

[11:11] department um to do everything he is able to bring this in compliance with

[11:16] the zoning code and I'm happy to answer any questions if anyone has any.

[11:23] » Thank you. >> Okay. Thank you.

[11:26] » So Valerie, when it split off in 2009, who who sold it if it was il illegal to

[11:31] start with? It was sold by the Steckleys and Holtwigs.

[11:36] » Well, I'm going to >> I'll speak again if you don't mind.

[11:41] » So, when I talked to the codes ladies, they told me they said, "Well, you sold

[11:47] that illegally. That's piece of land." Okay. So, I went to a professional real

[11:53] estate agent. He drawled up the paperwork, took it to the uh recorder's

[11:59] office, did everything. Uh sometime later, the recorder called me, some

[12:05] lady, and said, "Okay, this is kind of an odd piece of land. Is this this

[12:09] right?" And I said, "That's right." She goes, "Okay." So, I'd like for somebody

[12:13] to tell me how I sold it illegally if I sold it for agriculture purposes. I

[12:18] wasn't trying to sell it for residential.

[12:20] » Okay. It's not question answer. It's just statements. Okay.

[12:23] » Okay. So, so I sold it. >> So, Valer,

[12:29] I guess we're doing a variance, but I'm not sure I understand 100% what's going

[12:37] on here. So, how much are we variance on the

[12:42] » the minimum is 220 foot in width is what was required by the zoning order. this

[12:48] tract.

[12:51] » I've heard a lot of numbers today and I was told

[12:54] » 189.4 foot in width based on the survey that was done in 2009. The depth is

[13:00] 1,324.83 ft.

[13:04] 5.76 acres total is what this tracted ground is.

[13:09] » Okay. So if we do the variance, it doesn't go back to planning and zoning.

[13:16] Correct. >> It is said under the commission for

[13:20] later this day based on what the planning board heard at that planning

[13:24] board meeting. Their vote was to deny it for the simple fact that typically these

[13:28] go to the BCA before it comes to them due to timewise all of that. I made the

[13:35] administrative decision to go and have planning board hear it. you guys hear it

[13:38] and then you can make that vote as the commission based off either the planning

[13:43] board's recommendation or what the only reason for denial on them was just

[13:48] procedural that it had not the variance had not been approved by the BCA prior

[13:51] to them hearing it at the planning board meeting. I was not at that meeting to

[13:55] explain further the situation on the property.

[13:58] » Can we go back to planning and zoning? I know you made that

[14:01] » to be heard till the end of October. >> And is there a reason that I know you

[14:05] made that decision? Can we go back to planning and zoning? Is there a reason?

[14:09] » You can. The only reason was a timewise. Um, the person that owns the property,

[14:13] they've already done their soil testing. They were ready to get moving on a on a

[14:18] build on this property. Whenever this came to light, they did do their due

[14:23] diligence. They went through the title company. Um, they even stated they

[14:27] called our office. And if you look at the platbooks uh even from 2009

[14:34] by looking at you would think it was its own tract. Whether that's right or wrong

[14:39] is either here or there but it has been indicated a separate track since that

[14:44] nbook. I

[14:46] » I'm at the opinion of I don't know if this is one of those conversations we

[14:50] can have right now. I mean I I think that we need to give the planning and

[14:54] zoning their chance to do it beyond the procedural piece. That's what they're

[14:59] here for. Correct. >> Right now, the only thing the BCA is

[15:03] hearing is the variance on the lot width.

[15:07] » The file for the actual split is to be heard by the commission.

[15:12] » This is whether we approve the the >> varian like we've approved in past for

[15:18] potty ponds. It may have set closer to a property line or a barn. It may have

[15:21] just for the figuration of the lots, >> but we don't have approval from the

[15:25] planning and zoning. This is the only the variance. The part that you get the

[15:28] approval from the planning and zoning is on the next file uh 3209

[15:34] » on commission. >> It's on commission.

[15:37] » Okay. >> Planning board wouldn't typically weigh

[15:40] in on the >> They would not weigh in on the variance.

[15:42] No, >> they would not weigh in on the varants.

[15:44] » Sorry, that >> sure

[15:48] questions.

[15:51] You have a motion to approve BZA variance ZV35.

[15:59] » No.

[16:03] » So, do not have a motion to approve. I'll make a motion to approve it. Do I

[16:07] have a second? >> No.

[16:08] » Okay. So, it's going to die and go, I guess, be done on this denied at this

[16:15] time. Died for a lack of a second. >> Side for a lack of a second at this

[16:18] time. Okay. Need a motion to adjurnn the BZA

[16:24] meeting at this time. >> So move.

[16:26] » I'll second that. All in favor. Two votes forward, zero against. At this

[16:31] time, we're going to call to order the September 2nd, 2026 uh commission

[16:36] meeting. I need a roll call, please. Sarah

[16:38] » Bob Houston. >> Yes. Present.

[16:40] » Mike Morland. Jeff Fletcher. >> Here we have a quorum. Any motion to

[16:45] accept the agenda is presented. So moved. I'll second that. All in

[16:50] favor? Two votes, four, zero against. The a motion to approve the commission

[16:55] commission meeting minutes for August 19th, 2026.

[17:00] » So move. >> I'll second that. All in favor? Two

[17:03] votes for zero against. Any motion to approve the work session minutes from

[17:07] August 12th, 2026, effective new sales tax and road and bridges department.

[17:11] August 19th, 2026, review applications for Cass County Planning Board. and

[17:16] August 19th, 2026, the Senate Bill three.

[17:22] And August 20th, 26, the department head meeting.

[17:25] » So moved. >> Second that. All in favor? Two votes for

[17:29] zero against. Uh C County Clerk's office resolution 2684 authorizing

[17:36] signers on the bank accounts held by the Cass County Circuit Clerk. I need a

[17:40] motion. >> So moved.

[17:42] » Second that, Steve. That's just simply because Kim resigned and we're putting

[17:46] Sandy Massie, the interim circuit clerk's name on the bank account so they

[17:51] can do business. >> Okay.

[17:53] » Thank you very much. Any discussion? [clears throat]

[17:56] All in favor? Two votes for zero against resolution or resolution 2684 passes.

[18:02] Cass County codes and zoning department application 3207 minor subdivision of

[18:06] apparent track of 96 plus or minus parcel with agriculture rating commonly

[18:14] known as 32701 South state route 7raton Missouri 64739. Any motion?

[18:20] » So moved. >> I'll second that. Valerie, staff report,

[18:23] please. >> Uh this was heard by the planning board.

[18:26] Uh there was a neighboring couple that showed up that had questions where the

[18:29] tracks were located. They didn't want one of the tracks to be zoned

[18:32] residential, but it falls under the 20 acre threshold for agricultural zoning.

[18:38] Um, so by our zoning order, it requires residential zoning. The board ultimately

[18:43] approved unanimously in favor to app recommend approval of this application.

[18:48] It will get rid of the CZ zoning. There was kind of when Seven Highway was

[18:53] two-lane, there was like a strip. It was a trim fiberglass repair place. Uh Roxy

[18:58] and her husband owned it for years and she continued to own it afterwards. This

[19:02] will get rid of that extra little C2 zoning on each side of it, but the old

[19:08] actual boat repair place, but there was a lot line adjustment. It's already been

[19:12] sold. It it retains it. It is not part of this action.

[19:15] » Okay. [cough and clears throat]

[19:17] » Any discussion for our >> No.

[19:19] » At this time, we're going to open uh any public comment for application 3207. If

[19:24] you'd like to step forward, speak for or against that application.

[19:30] » I'm Mark Gapole representing Dustin Doll application 3207.

[19:34] I have nothing else to talk about. Thanks, Mark. Appreciate that. Anyone

[19:40] else? Okay, seeing none, we're going to close

[19:44] the public comment portion on application 3207. Any further

[19:48] discussion? All in favor? Two votes, four zero against. Application 3207

[19:54] passes. Thank you. Cass County codes and zoning department application 3208 lot

[19:58] split res7 plus or minus acres with the zoning

[20:03] designation of agriculture commonly known as 29 29101 South Nelson Road

[20:08] Cleveland, Missouri 64734. I need a motion. So move. I'll second

[20:13] that. Valerie staff report please. >> This application was heard by the

[20:16] planning board. It's kind of just a little 17 acre track that is off a a

[20:19] very nice rectangular agricultural track. Um the current owner chose to

[20:25] sell it off as a residential track just because there's kind of a little more

[20:27] value there than there is to continue farming it. The planning board

[20:31] recommended approval 6 to zero. >> Thank you.

[20:35] » At this time, we're going to open a public comment portion of application

[20:38] 3208. You'd like to speak for or against the application, please step forward,

[20:42] state your name. I'm Rod Smith and I'm representing Hornets Creek Land Company

[20:47] and I'd like to get disapproved. >> Thank you, Ryan. Any further comments

[20:52] today? If you'd like to speak for that application number,

[20:56] seeing none, we're going to close the public comment portion of application

[20:59] 3208. Any further discussion? All in favor? Two votes, four, zero against.

[21:05] Application 3208 passes. Cass County Zoning Department

[21:10] application 3209. Is this the one that we just So I guess

[21:15] we will strike that from the agenda and there will not be a vote on that since

[21:19] the variance was not approved on that. So u go ahead though since it's on there

[21:25] and it came with the recommendation. >> It did come in the recommendation. Yeah.

[21:29] » So we should just for the for finality go ahead and make a motion

[21:35] one way or the other. >> Okay. Cass County zoning application

[21:39] number 3209 lot split and reszoning parent traffic bay plaster minus acres

[21:44] uh genally located on the south side of East 285th Street and between South

[21:48] Oannon Road and South Index Road Garden City Missouri 64747

[21:53] need a motion

[21:58] » you have to make the motion >> well I know where this go I guess we're

[22:02] going to let untable for lack of a motion

[22:08] And we will go on to the next item. Cass County Codes and Zoning Department

[22:11] ordinance 2608, an ordinance amending section 410.040

[22:17] of Casc County Code relating to water pollution hazards and setback

[22:21] requirements for concentrated animal feeding operations. I need a motion.

[22:25] » So moved. >> I'll second that. So this was Mike

[22:28] Morland working with the Agarelli designation for the county. the setbacks

[22:32] had to get changed to align with this organization's force to be designated as

[22:37] an aggra county. So that's what this >> been working on that for a long time.

[22:40] » Working on a long time. So uh any further discussion? All in favor? Two

[22:45] votes for zero against ordinance number 2608 passes. Uh, Cass County Collector's

[22:50] Office requesting dispersement of 2025 tax sale surplus money certificate of

[22:55] purchase number 25-17, tax sale number 346, taxpayer name Michael and Roberta

[23:01] Typton in amount $34,64411

[23:05] payable to Theresa Hunt. I need a motion.

[23:07] » So moved. >> Mr. Mullenor.

[23:09] » Good afternoon. This is a a good story. This is a parcel I sold on the steps a

[23:15] year ago. uh the Typton got in right under the one one-year mark and were

[23:20] able to redeem. So this is simply uh the surplus money that will go back to uh

[23:25] the real estate investor, Mrs. H. >> Thank you, Mr. Mullenor. Any further

[23:30] discussion? >> No.

[23:31] » All in favor? Two votes for zero against certificate

[23:37] number 2517. Thank you, Mr. Mort. >> Thank you. At this time, we'll open the

[23:42] public comment portion of the meeting. If you'd like to speak, please step

[23:45] forward. State your name. >> Good afternoon again. Chris Mullen,

[23:48] Dorcast County Collector of Revenue. For the record, uh last week, as many of you

[23:53] heard, we had our annual tax sale was required by chapter 140 of the revised

[23:58] statutes of Missouri. We offered 25 properties. We sold uh 23 of them were

[24:05] first offerings. One was a second offering, one was a third offering. We

[24:09] sold 21 of those. Cass County Land Trustee David Coughfeld took one. Three

[24:16] parcels weren't sold at all. So, they'll be offered again next year. Uh we

[24:21] cleaned up $64,98.33

[24:25] of back taxes and interest, and we're going to deposit with Mr. Chz a whopping

[24:31] $860,419 of surplus.

[24:36] So, um, our total proceeds for the day is

[24:40] $928,80.50.

[24:43] I think it was a successful sale and I think it makes sense now to bring it

[24:46] into the second floor. And I'm looking forward to the new acoustics and sound

[24:50] system for that room, make it a little bit easier. Uh, on my website at

[24:54] castount.com, you can see the full report if you're interested in any of

[24:57] the biders, interested in any individual parcel or any taxpayer uh, that have a

[25:03] leaning placed on their home. So, we did have a good sale. We will return uh

[25:08] again the fourth Monday of August next year in the second floor courtroom. Uh I

[25:14] would like to end this in public record, too. I'll leave this when we're done.

[25:17] Second item from my office. We're we're 32 days in a brand new computer system.

[25:22] Uh we've had some good days, we've had some bad days. I'm dragging us into 2026

[25:28] one way or the other. Um the AS400 is still running. We're leaving it running

[25:33] for now. so we can get the tax return filed for the state in March 205 just to

[25:37] make [clears throat] sure. But we're we're balancing right now. Uh we have an

[25:42] AI function in the search bar. Some folks are calling about that. It's

[25:46] getting faster [snorts] the more we use it. Um it has been a major investment

[25:50] and it is a major change of how we operate. So taxpayers by and large have

[25:55] been somewhat relatively understanding. Um, and frankly, the payment uh on my

[26:00] website is faster and now that receipt is instantaneous,

[26:05] so we're going to saving dramatic sums of money in postage and and paper. So,

[26:10] we're uh refining that. We're with programmers again today. We had

[26:14] programmer on site yesterday. We're trying to work through all the bugs.

[26:18] We're taking every complaint seriously. I'm trying to make this as, you know,

[26:23] friendly, computer friendly. We want this to be a a good experience for

[26:27] folks. Mainly a fast experience because nobody likes to pay property taxes. So,

[26:31] um, if you all hear anything, have any input, please let [clears throat] me

[26:34] know. We're taking that input to the programmers. We have a daily email. Here

[26:39] were the issues. Here's what was resolved. Here's unresolved. Here are

[26:43] the new issues. And so, they're on site. They're physically on site about every

[26:47] other day. And I'm working uh with the lead developer remotely today on on a

[26:51] couple of issues. So we are um we we went from 1990 to 2026 like that. So

[27:00] there have been a few bumps but all in all we're you know plugging plugging

[27:04] away and going forward. >> Thank you Mr. Mullins. Appreciate that.

[27:08] Any other public comment at this time? Seeing none we're going to close with

[27:13] public comment. Uh we are going to go in executive session under RSMO 610.021.1

[27:19] legal. Uh, as soon as we come out, we will adjourn the general meeting. So, I

[27:24] will need a motion to go into objective. >> So, move.

[27:26] » I'll second that. Roll call, please. Sarah.

[27:29] » Uh, Rob Houston. >> Yes.

[27:31] » Mike Morland. Jeff Fletcher. >> Yes.

[27:35] Thank you all.

BZA - Commission Meeting 9-2-2026

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