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Owner says industrial zoning blocked sale; Joplin planners approve rezoning for 1148 S. Pennsylvania Ave
Summary
The Zoning and Planning Commission voted May 12 to approve a rezoning request for 1148 S. Pennsylvania Ave after owner Roy Shelby told the board industrial zoning prevented banks from financing a sale; staff cited a nonconforming-structure rule limiting post-damage rebuilding.
On May 12, 2025, the Joplin City Zoning and Planning Commission approved case 016-25, rezoning 1148 South Pennsylvania Avenue from M-2 (heavy industrial) to a residential district, after the property owner said industrial zoning had blocked a sale.
Roy Shelby, who gave his address as 2233 Benjamin Drive in Carthage, told the commission he bought the house with cash and later discovered it was zoned for industrial use. "When we purchased it, our realtor says she's never come across it… Arvest, who had it under foreclosure and listed it, had it, didn't disclose it," Shelby said, adding that no bank would loan on the property because of its zoning.
City planning staff explained that the issue stems from the code’s nonconforming-structure provision. "What Roy is referring to is the nonconforming status of a structure," a staff member said. "If 50% or more of the appraised value in the structure is damaged, it cannot be rebuilt without it being rezoned." The staff added that the rezoning recommendation aimed at neighborhood compatibility rather than changing permitted uses by intent.
A commissioner questioned why the staff recommended R-3 rather than R-1, noting the block appeared to be single-family in character. Staff replied the area includes mixed housing types and that R-1 imposes stricter development limitations on adjacent properties; the R-3 recommendation was made for compatibility and to reduce the risk of a takings claim.
Another commissioner noted a checklist item on the subdivision plat indicating drainage and utility easements were marked "no." Staff said utilities were provided through existing right-of-way and alley infrastructure and that the condition was not an impediment but should be disclosed.
No members of the public spoke for or against the rezoning. Mr. Spruce moved to approve case 016-25; Ms. Cloumichael seconded, and the motion carried by voice vote. The commission noted the case will be presented to the Joplin City Council on June 9, 2025.
The action effects the property’s zoning classification and, per staff explanation, removes the barrier that kept conventional mortgage lending from being available for the structure as it stood.
