Appellate Materials: ALAN WEBB ETUX V PLATTE COUNTY PLANNING AND ZONING

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                                IN THE CIRCUIT COURT OF PLATTE COUNTY, MISSOURI

AT PLATTE CITY, MISSOURI q L Ez =
ALAN WEBB AND PAULA WEBB,
: MAY 04 2011
Petitioners, ) SAND Fj
) Clerk of the Ce Oo Fae iy Mo
vs. ) Case No. 10AE-CV03645 :
) Division II
)
PLATTE COUNTY BOARD OF )
ZONING ADJUSTMENT, )
)
Respondent, )
)
BUILDEX, INC. )
)
Intervenor. )
JUDGMENT

On the 20" day of April, 2011, Petitioners, Alan Webb and Paula Webb, appeared in
person with counsel, Keith Hicklin; the Platte County Board of Zoning Adjustment appeared by
counsel, Robert Shaw; and Intervenor, Buildex, Inc., appeared by counsel, Edwin H. Smith and

Adam R. Troutwine. The Court heard testimony and statements of counsel and took this matter

under advisement.
Now on this / ” of May, 2011, the Court having considered the pleadings on

file and the statements and arguments of counsel finds:

1. That Petitioners, Alan Webb and Paula Webb, are “aggrieved parties” as per Section
64.660 RSMo 2000, as amended, and have standing to bring this appeal;

2. That the transcript of record before the Platte County Board of Zoning Adjustment
which was filed herein shows that the Board of Zoning Adjustment took up Intervenor’s request

for variance in a meeting August 4, 2010, and in a meeting September 7, 2010. The issueo -~

brought before this Court by Petitioners is whether the decision of the Platte County Board of
Zoning Adjustment (BZA) granting a variance to Buildex, Inc., with regard to use of Lamar
Road is authorized by law and was supported by competent and substantial evidence on the
whole record.

3. The BZA does have authority under the provisions of Section 64.660 to grant a
variance as requested by Intervenor, Buildex, Inc.

The BZA held meetings on August 4, 2010, and September 7, 2010, with regard to the
variance requested by Intervenor, Buildex, Inc., and evidence was presented on both of those
dates. The evidence included:

a. A Staff Report by the Platte County Director of Planning and Zoning (Tr. pgs.

35-40),

b. A PowerPoint presentation by the staff of Platte County Planning and Zoning

(Tr. pgs. 103-119),

c. Platte County Planning and Zoning staff PowerPoint presentation (Tr. pgs.

148-162),

d. A PowerPoint presentation by Intervenor, Buildex, Inc., (Tr. pgs. 164-188),
e. Specific issues raised by Petitioners’ attorney, Mr. Hicklin, at the September 7,

2010, meeting were addressed by Intervenor, Buildex, Inc., with specificity (Tr. pgs. 82-

88),

f. At the September 7, 2010, meeting Petitioner herein, Alan Webb, and Mr.

Hicklin presented concerns and evidence (Tr. pgs. 88-91) and also at the August 4, 2010,

meeting (Tr. pgs. 67-73/76-77),g. The BZA also considered other evidence presented on August 4, 2010, and

September 10, 2010, not specifically referenced in the immediate preceding paragraphs.

4. The Court finds that the Platte County Board of Zoning Adjustment’s grant of a
variance to Intervenor, Buildex, Inc., is authorized by law (Platte County Zoning Order Section
400.720 and Section 64.660 RSMo 2000, as amended);

5. The Court finds that the Platte County Board of Zoning Adjustment’s decision to grant
Intervenor, Buildex, Inc., a variance was supported by competent and substantial evidence on the
whole record;

6. The Court finds the issues in favor of Respondent, Platte County Board of Zoning
Adjustment, and Intervenor, Buildex, Inc., and against Petitioners, Alan Webb and Paula Webb,
and finds that judgment should be entered for Respondent and Intervenor.

WHEREFORE IT IS ORDERED AND ADJUDGED:

1, That the appeal of Petitioners, Alan Webb and Paula Webb, filed October 12, 2010, is
denied:

2. That judgment is entered in favor of Respondent, Platte County Board of Zoning
Adjustment, and Intervenor, Buildex, Inc., and the Court affirms Respondent, Platte County
Board of Zoning Adjustment’s decision granting Intervenor, Buildex, Inc., a variance to use
Lamar Road;

3. Costs in this cause are assessed against Petitioners, Alan Webb and Paula Webb.

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