Columbia Board of Adjustment Meeting Summary - November 18, 2025

The Columbia Board of Adjustment convened on November 18, 2025, at 13:00 UTC to address agenda amendments, three land use cases including a telecom tower modification and two variances, and administrative matters. The board granted unanimous approval for an agenda amendment to table one case and approved three substantive motions: a Conditional Use Permit amendment for a cell tower conversion, a 19-foot rear yard setback variance for a housing redevelopment, and a 15-square-foot variance for a covered deck encroachment.

Consent Calendar

• Agenda Amendment (Case 339-2025): The board approved a motion to table the request for variants from side yard setback requirements for 210 Edgewood Avenue to the February 10, 2026, meeting. The tabling was agreed upon by consensus due to unresolved technical issues noted by the applicant. The board also approved a minor substitution of legal counsel for Case 336-2025 due to a family emergency with the originally assigned attorney, replacing them with Alex Barrett of the Stinson Law Firm. The agenda was adopted as amended with a unanimous 5-0 vote.
• Minutes Approval: The minutes from the August 12, 2025, meeting were approved with a single clerical correction noted regarding a placeholder name on page 13. Approval was unanimous (5-0).

Public Comments & Testimony

• Case 336-2025 (Telecom Tower): Mr. Zenner acknowledged two written comments submitted by the public, one via email and one by Mr. Proxman, expressing opposition regarding the visual impact of converting the stealth tower to a non-stealth tower. Staff noted that under Missouri Revised Statutes Chapter 67, local governments are precluded from considering the visual appearance or specific technologies in their decision-making for wireless infrastructure.
• Case 01-2026 (Housing Variance): No public comments in favor or opposition were received during the public hearing.
• Case 02-2026 (Covered Deck Variance): No public comments in favor or opposition were received during the public hearing. The applicant provided signed letters of support from adjacent property owners, though two immediate neighbors (311 and 313 Portway) were not included; the applicant explained the absence was due to a "No Soliciting" sign and business ownership status. Staff and the applicant expressed confusion regarding the precise square footage of the encroachment (75 sq ft vs. the code's 60 sq ft limit) and the history of inspection approvals.

Discussion Items

• Case 336-2025 (Broadway Office Park Condinium Association / SBA Towers 2 LLC):

  • Proposal: Modification to amend the 2012 Conditional Use Permit (CUP) for a 110-foot stealth communication tower at 1205 West Broadway. The applicant seeks to replace the top three canisters with a standard monopole structure to allow T-Mobile to mount external antennas required for 5G service. The tower height remains unchanged, and the ground footprint is not expanded.
  • Legal & Statutory Constraints: Counsel for the applicant and City Legal emphasized that Missouri's Uniform Wireless Communications Infrastructure Deployment Act (Chapter 67, Section 5094) prohibits the board from considering visual appearance, co-location alternatives, or specific technologies. However, the board retains the authority under Section 5096 to review structural safety.
  • Board Concerns: Board Member Minshew expressed significant concern regarding the lack of a stamped structural analysis in the initial packet required to verify the tower base can support the new external antenna loads. Staff clarified that a stamped and sealed structural analysis prepared by TES (dated October 9, 2024) exists, showing the tower passes at 48.1% structural usage and 80% foundation usage, and will be reviewed by building officials before permits are issued.
  • Mitigation: The applicant, Cindy Reeder, agreed to paint all new external equipment to match the existing bronze color of the tower to mitigate visual differences, a condition voluntarily submitted by the applicant and accepted by the board.
  • Staff Position: Staff recommended approval, noting the tower's critical role in current cell splitting technology and the lack of alternative sites for 5G deployment in the area. Staff highlighted that the modification is consistent with the Comprehensive Plan and does not increase height.

• Case 01-2026 (Columbia Housing Authority):

  • Proposal: A request for a 19-foot variance to the rear yard setback requirement (25 feet) to facilitate the platting of 211 Boone Drive into a separate lot. This is necessary because the property is being converted from public housing to a Limited Partnership under federal low-income housing tax credits and HUD RAD programs.
  • Necessity: Attorneys and the Housing Authority CEO explained that the federal financing mechanism requires a single-purpose entity for the housing units to be transferred to, necessitating the creation of a separate lot for the maintenance facility. The current lot configuration runs foul of the setback, but the variance is intended to be "temporary" in spirit, as the entire housing complex will be demolished and reconstructed to be fully compliant with setbacks after closing and financing is secured.
  • Technical Clarification: Counsel and the applicant clarified that while the variance runs with the land in perpetuity, it effectively becomes moot once the non-compliant structures are demolished and replaced with compliant units. The variance solely enables the platting action required to close the financing deal.
  • Staff Position: Staff, noting the code does not have a specific mechanism for "temporary" variances, recommended approval. They stated the variance is not self-imposed, addresses a practical difficulty created by external financing requirements, and will result in a significant community benefit through the redevelopment of deteriorating housing.

• Case 02-2026 (NV Builders LLC):

  • Proposal: A request for a variance to allow a 75-square-foot covered deck to encroach into the required rear yard setback. The project is a single-family home at 5700 Camden Circle where the covered deck area exceeds the code limit of 60 square feet.
  • Staff Error & Hardship: The applicant argued that the encroachment was not caught by city inspectors during multiple inspections (setback, frost footing, foundation, framing) despite the roof being installed and inspections passing. The applicant highlighted that rectifying the error now would require dismantling a significant portion of the completed rear of the house, constituting an unnecessary hardship not created by the applicant's negligence but by a mutual understanding that was later rescinded.
  • Discrepancy: Discussion revealed confusion over whether the encroachment was 75 sq ft (based on a 5-foot projection) or 15 sq ft (based on a 1-foot linear overage). Staff concluded 15 square feet were over the limit, while acknowledging the structure is the only covered porch in the subdivision to encroach.
  • Neighbor Support: Neighbors surrounding the property indicated support for the variance.
  • Staff Position: Staff admitted to an inspection error but stated the project is not compliant. They noted the impact is minimal (15 sq ft) and the hardship of remediation is high. Staff recommended the board exercise judgment to grant the variance to avoid unnecessary demolition of a nearly complete structure.

Key Outcomes

• Case 336-2025 (Approval of CUP Amendment): Motion passed 5-0. The board approved the amendment to the 2012 conditional use permit to convert the stealth tower to a non-stealth facility. The tower will remain 110 feet tall with external antennas, and the structural analysis (stamp signed by a Missouri PE) is to be verified by building officials prior to permit issuance.
• Case 01-2026 (Approval of Variance): Motion passed 5-0. The board granted a 19-foot variance from the rear yard setback for the proposed lot separation at 211 Boone Drive. The variance allows the creation of a separate lot for the maintenance facility to satisfy financing requirements for the rehabilitation of public housing units.
• Case 02-2026 (Approval of Variance): Motion passed 5-0. The board granted a 15-square-foot variance to allow the 75-square-foot covered deck to remain. The variance addresses the hardship caused by the city's failure to identify the encroachment during prior inspections and prevents the demolition of a nearly completed home.
• Administrative: The board noted the next meeting is December 9, 2025, and discussed scheduling elections for board officers for the 2026 term, potentially to be added to the December agenda.