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UNDERWOOD v. ST. JOSEPH BD. OF ZONING ADJU.

No. WD 73912.

368 S.W.3d 204 (2012)

Kelvin UNDERWOOD, Respondent, v. ST. JOSEPH BOARD OF ZONING ADJUSTMENT and City Of St. Joseph, Missouri, Respondents, Sharon Kennedy, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 1, 2012.

Application for Transfer Denied July 3, 2012.

Attorney(s) appearing for the Case

Edwin H. Smith and Sharon Kennedy , St. Joseph, MO, for Appellant.

George "Scott" Murray , St. Joseph, MO, for Respondent Underwood.

Lisa M. Robertson , St. Joseph, MO, for Respondents Board of Zoning Adjustment and City of St. Joseph, MO.

Before Division Three: KAREN KING MITCHELL, Presiding Judge, and JAMES M. SMART, JR., and GARY D. WITT, Judges.

KAREN KING MITCHELL, Presiding Judge.

Respondent, Kelvin Underwood, applied for a zoning variance in order to complete construction of a detached garage on his property in excess of the size restrictions currently in place by St. Joseph zoning ordinances. The Board of Zoning Adjustment (BZA) denied Underwood's request, and he sought judicial review in the circuit court, with the city of St. Joseph (City) and the BZA as named respondents. The circuit court reversed...

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