Horsing Around

After over a decade of serving on the BZA (Board of Zoning Adjustment) I sat on the other side of the bench in observing a BZA hearing from the cheap seats as part of the public.  The hearing was held last week to consider the request by a prospective buyer of the "Duncan property" (corner of Barry and Potomac...often referred to as the Horse Farm) to house horses on the property.  A little background.

The property actually resides partially in KCMO, and it was mentioned at the hearing, the property was annexed many years ago into the city...but without privileges for the WLIC.  The Duncan's kept horses on the property, up to 4, during the time there were there.  Mr Duncan has passed away, Mrs Duncan lives in a nursing home and their son, who lives in Wyoming, is in charge of the estate.  Based on testimony at the hearing, horses have not been kept on the property for over two years.  Thus the problem.  The City Code was updated in the mid-80's in regards to animals, allowing for only cats and dogs.  The Duncan's horses were "grandfathered" based on their status prior to the Code update.  The City Code also has a "Cessation" clause, basically stating a non-conforming use, once abandoned, must go through the request for a variance if an owner so desires.  Still with me?  So the Restrepo family desired to buy the property and house horses there.  They are not currently residents of WL and board horses off Mace Road.

The hearing was well attended, around 30 people.  The Restrepo's and their attorney outlined their plans for the property.  Most of the adjacent property owners, with one exception, were in favor of the variance.  Underlying a few of their comments were concerns about the property being subdivided, the son of the owner's Mr Jones, mentioned in his written comments,  the subdividing as "Plan B" if the property was not able to be sold to house horses.  Opposing comments, from former WLIC Prez Joe Ennett, current Prez Rick Neece, and Director Beth Moraitis, all cited potential contamination of the lake if runoff from the property containing E Coli from horse feces flowed into the lake.  Similar problems with runoff from property east of the Lake (Owens) was mentioned.

After all the comments and testimony the BZA voted 4-0 to deny the request for a variance, the chair, Linda Winter, did not vote.  The Restrepo's are left with either appealing the hearing findings in court,  modifying their application and request another hearing, or abandoning their quest for the property.  Time will tell.