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Heck v. City of Pacific

Court of Appeals of Missouri, Eastern District, Third Division

October 28, 2014

MARTIN C. HECK, Jr., and VICTORIA HECK d/b/a PACIFIC MOBILE MANOR, Appellants,
v.
CITY OF PACIFIC and CITY OF PACIFIC BOARD OF ZONING ADJUSTMENT, Respondents

Appeal from the Circuit Court of Franklin County. Honorable Isidore I. Lamke.

FOR APPELLANTS: Damian R. Struzzi, David L. Baylard, BAYLARD, BILLINGTON, DEMPSEY & JENSEN, P.C., Union, Missouri.

FOR RESPONDENTS: Edward V. Crites, Andrew T. Tangaro, BEHR, MCCARTER & POTTER, P.C., Bonhomme, Suite, Clayton, Missouri.

Kurt S. Odenwald, Presiding Judge. Robert G. Dowd, Jr., J., Concurs. Gary M. Gaertner, Jr., J., Concurs.

OPINION

Page 203

Kurt S. Odenwald, Presiding Judge

Introduction

Appellants Martin C. Heck, Jr. and Victoria Heck (" the Hecks" ) appeal from the judgment of the Circuit Court of Franklin County affirming the decision of the City of Pacific Board of Zoning Adjustment (" the BZA" ). The Hecks sought a variance from the City of Pacific Ordinance Section 400.240(D)(3) (" Section 400.240(D)(3)" ), which prohibits the placement of a new manufactured home[1] in an existing manufactured home park unless the new manufactured home is placed at least twenty feet from any other home or structure. The BZA denied the variance, and thereafter the Hecks filed a writ of certiorari in the circuit court. The circuit court affirmed the decision of the BZA. On appeal, the Hecks argue that the spacing requirements of Section 400.240(D)(3) may not be enforced within their mobile home park because they hold a legal nonconforming use for their entire mobile home park. Because the record does not inform this Court that the BZA properly considered

Page 204

whether the mobile home park operated by the Hecks was a lawful continuing nonconforming use, we reverse and remand this matter to the BZA for a hearing on the issue of whether the Hecks have a lawful continuing nonconforming use of the mobile home park.

Factual and Procedural History

The Hecks own a tract of land in the City of Pacific (" City" ) and operate a mobile home park known as Pacific Mobile Home Manor (" Pacific Manor" ) on that tract. The Hecks have operated Pacific Manor on this tract of land since approximately 1983. Within Pacific Manor is a mobile home pad with an address designated as 303 South Second Street (" the Pad" ). The Pad is positioned fourteen feet and ten inches from the mobile home pad directly to its south and fourteen feet and eight inches from the mobile home pad directly to its north. The Hecks previously rented the Pad to renters who owned their own mobile home. Two years after those renters moved out, the Hecks sought to install a new mobile home of the same size on the vacant Pad. City informed the Hecks that the new mobile home could not be placed upon the Pad unless they first obtained a variance from City's pad spacing ordinance, which requires twenty feet of space between each mobile home. The applicable ordinance provides:

D. Standards for Existing Manufactured Homes.

3. No manufactured home shall be placed in any manufactured home park existing on the effective date of this Chapter as a replacement to any existing manufactured home unless said manufactured home is placed at least twenty (20) ...

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