Commission gives extension for trailer
Owner needs to apply for variances
Staff reporter
Neil Hett, owner of The Rock Shop on Nighthawk, was granted an extension Nov. 30 by Marion County Commission regarding a compliance issue.
Hett then returned to Monday's commission meeting when county zoning administrator David Brazil was present to discuss the issue.
Hett had purchased a single-wide mobile home (circa 1970s) with the intention of using it as an office for his landscaping materials business.
He received a letter from Brazil that stated the mobile home was not in compliance with the county's zoning regulations and had to be removed by Dec. 3.
Brazil was not available to attend the Nov. 30 commission meeting, so the commission granted the extension until Brazil could be included in the discussion.
Hett said he needed electricity hooked up to the trailer and would like sewer but knew a lagoon wasn't feasible.
The business is located near his home but the business owner had been using his pickup truck as an office. Hett said business had been "good" and he planned to continue.
During the Nov. 30 meeting, commissioner Randy Dallke said he had checked the county's ordinance and found no 1970s model mobile home could be brought into the county or moved around the county.
The ordinance requires manufactured homes to meet specifications but Dallke wasn't sure if the ordinance pertained only to trailers used for housing and not for other purposes.
Brazil recommended to Hett in a letter that any type of variance go through the typical process of being reviewed and approved by the county's board of zoning appeals.
Dallke added the commission needed to be mindful of its actions if it allows this type of structure to remain because this could open the door for others.
"This is a problem throughout the county," Dallke said. "What do you do with these older trailers if they can't be used within the county?"
At Monday's meeting, Hett returned. Brazil and two members of the county's board of zoning appeals/planning commission also were in attendance.
Dallke said he wondered if the trailer was not being used as a residence, if the intent of the ordinance was changed.
"A quarter of a mile down the road there's a dilapidated house," Dallke said. "It's three times uglier than what this business owner is wanting to use."
Brazil said there are three categories of these types of home — mobile (built before 1976), manufactured, and modular.
"County regulations do not allow any pre-1976 mobile homes," Brazil said.
The purpose of county zoning regulations is to provide permanent, safe structures that meet building codes.
"The board of zoning appeals has not approved any variances for mobile homes older than 1976," Brazil said. "Age of the trailer is a consideration."
Brazil said Hett needs to apply for two variances — one for the age of the trailer and another for the construction.
"The regulations do not address whether it's residential or business," Brazil said.
"What made it unusable was the fact it was moved," Holub said. "We can't write regulations for everything."
Brazil said the regulations cannot cover every situation but have to follow standards.
"That's how 'grandfathering' works," Brazil said. "When it is moved, it is no longer protected."
Holub said he wanted the zoning appeals board to try to work something out with Hett.
Brazil said it would be a precedence to allow this age of mobile home to be used for any purpose.
Bob Maxwell, board of zoning appeals and planning commission member, said the volunteer boards were not anti-business.
"We're trying to promote business," Maxwell said. "When Mr. Hett applied for an application for his rock business, we worked with him. We talked about a building which he said he wasn't going to do."
Maxwell said his concern was Hett going around the application process and coming straight to the commission.
He added that Hett should have checked the regulations before obtaining the trailer.
"Flexibility is fine," said Eileen Sieger, chairman of the planning commission/board of zoning appeals. "We have to be consistent. If it is allowed for some and not others, the county is setting itself up for a lawsuit."
"I have a hard time making decisions based on a potential of a lawsuit," said Holub.
"People aren't going to be happy if there isn't consistency," said Sieger.
Maxwell again reiterated that Hett had not been before the zoning appeals board and the board has not been given a chance to review the application.
Sieger reminded the commission that decisions made by the board of zoning appeals were final — they do not come before the commission for further approval.
In the end, Hett was encouraged to apply for two variances to be reviewed at the January zoning appeals board meeting.
In other business:
— Brazil reported that the City of Hillsboro has agreed to pay its construction and demolition bill. It will be paid in three installment payments.
Brazil said that Hillsboro changed its ordinance and no longer picks up C&D waste.
— Restoration and Waterproofing of Wichita will begin interior work this week at the courthouse after mold was removed. Bids will be solicited this week for remodeling.
— Chemical bids were approved for the purchase of Pathway weed killer from Ag Services of Hillsboro for $1,275. Markley Service of Marion also presented a bid of $1,295 for the same product for Marion County Noxious Weed Department.
— County clerk Carol Maggard was instructed to obtain additional information regarding a deferred compensation program for county employees.
— Michele Abbott-Becker, communications and emergency management director, requested and received a 10-minute executive session to discuss personnel. The meeting reconvened with no decisions.
— A public hearing will be held at 7:30 p.m. Jan. 19 regarding possible changes to the county's zoning regulations.
— Three county planning commission positions are due for appointment, reported Brazil. They are Glen Unrau, district one; Lyle Ediger, district two, and Bob Maxwell, district three. Holub made the motion and the commission approved the reappointment of Maxwell. The other commissioners will make appointments or reappointments at a future meeting.
— Road crossing permits were approved for Marion County Rural Water District #4 on 190th near Hillsboro, and by American Energy near Lehigh.
— The commission signed an agreement with Kansas Department of Transportation. The agreement was approved at a previous meeting that will allow the county to be reimbursed for expenses of a maximum of $450,000 for road repairs caused during reconstruction of U.S.-77.
Hours worked by road and bridge personnel to gravel and grade county roads, and patrolling time spent by county sheriff's deputies also can be included.
— Road and bridge superintendent Jim Herzet requested and received a 10-minute executive session to discuss personnel. The meeting reconvened with no decisions.
— Herzet and the commission discussed truck repairs and the purchase of brackets for snow plows. Herzet will return to the next commission meeting with more information.
— The commission held a 30-minute executive session to interview a candidate for the noxious weed superintendent position. Another interview was scheduled for Tuesday afternoon with a second candidate.
