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County entities discuss zoning regulations during work session

Commission wants fewer restrictions, more flexibility

Staff reporter

Responsible growth with fewer restrictions and more flexibility were the constant themes expressed by Marion County Commission during a work session Thursday evening with members of Marion County Planning Commission/Board of Zoning Appeals.

Approximately 16 spectators were in attendance at the listening session and were comprised of rural and city residents.

County commissioner Dan Holub had requested the work session to discuss concerns expressed to him during his campaign for office.

County commissioner Randy Dallke also had expressed concerns about current zoning regulations at previous commission meetings.

Holub told the planning commission Thursday evening he wanted controlled growth but was not in favor of current restrictions of a minimum of five acres for new home sites. He said he was in favor of one house per 40 acres but wanted less stringent requirements on minimum acreage for new residential structures.

Planning commission chairman Eileen Sieger said updating the county's comprehensive plan was through public input. Earlier David Brazil, county zoning administrator, explained the county's comprehensive plan dictated the contents of zoning regulations.

Holub said general rules that cover everybody were not fair, indicating each application should be reviewed and considered on its own merit.

Brazil said sufficient acreage was required for sewer lagoon and water well systems which were some reasons for a five-acre minimum.

Bob Maxwell, planning commissioner, said the county did require a minimum of 10 acres which was reduced to five when the new zoning regulations were adopted a few months ago.

"Are you still hearing concerns?" Maxwell asked Holub.

"Yes," said Holub. "The issues are mainly upkeep. Some people have no problem with five acres but others do."

He said he would like for the planning commission/appeals board to look at each application individually and not as a whole.

Currently the planning and zoning boards follow a set of requirements with each applicant. If the applicant does not meet the written criteria, the application is denied, Brazil explained.

"Sometimes we make too many rules and we hamper ourselves," Holub said.

Holub asked for clarification of road requirements for new development.

Discussion followed regarding the cost for county roads.

"It is an issue if it's numerous miles," Holub said, "but shouldn't negate a home site."

Holub asked Sieger what other services the county provides besides roads. Maxwell said some roads need extensive work to bring to a minimum standard.

Brazil added school buses and safety services also are considered.

"But there would be the benefit of added enrollment," Holub said.

Holub then related how he purchased a rural area that was generating minimal taxes and developed it into a residential property generating $1,900 per year in property taxes.

He added he didn't mind helping the county by paying for some rock and a culvert.

"I put four kids in the school district," Holub said.

He said he would like to see abandoned farm sites be allowed to be improved with minimal acreage.

"We need basic guidelines and then go from there," Holub said.

Maxwell said this has already been done. Holub said the regulations needed to be reviewed and updated because "attitudes change."

"We started out with requiring paved roads for new development," Brazil said. "Now we've settled on rural secondary roads which is a middle ground between the two."

Discussion followed regarding access for utility companies in new development areas. Holub pointed out some utilities do not rely on road access but go across pastures to the house and outbuildings.

Maxwell said concerns remain for those who choose to build around agriculture producers and the need for a five to 10-acre buffer.

Holub said that issue has been addressed through a restrictive covenant required by the county for those who do build near existing farms.

"It's like building near an airport," Holub said.

Dallke said he ran for county commission to work toward the "betterment of Marion County."

"The (comprehensive) plan killed a lot of growth," Dallke said.

He said he had researched zoning in neighboring counties and found McPherson County has a three-acre minimum. Harvey County grants variances on a case-by-case basis.

"I know rules should be followed but we need to be flexible," Dallke said, referring to past decisions by the board.

He agreed the agriculture disclaimer needs to be enforced to protect farmers.

Dallke said he would like to see areas selected for development of five-acre tracts.

Brazil said county subdivision regulation would be followed for this type of development.

"I want to give the planning commission and board of zoning appeals more flexibility," said Dallke.

He then asked if he could build a new house south of town. Brazil responded that a requirement for an exemption was to start with 40 acres.

"Whoa right there," Dallke said. "You just killed it."

He added he felt sorry for landowners who have property they can't do anything with such as split and sell.

Dallke told the planning commission he was distressed because the board allowed a single-wide manufactured home on a farm site. He doubts if the board would allow other residents to do the same.

It was explained the home was considered a temporary structure for a son of a farmer who owned more than 40 acres.

Sieger asked the commission, "What is the biggest draw for new people to Marion County?" She responded there has to a reason for people to move to the county.

All agreed more jobs would be beneficial for growth but some recognized there are those who choose to live in the county and commute out-of-county to work.

Sieger also said she was concerned about the county growing too fast or too much. Holub said that was why he was in favor of retaining the one residence per 40-acre tracts to control growth.

Brazil said the more the county "opens up residential development, the more careful we need to be." He cited restrictions in spraying for weeds, livestock feeding operations, etc.

"That's called management," Holub said.

Sieger expressed her concern about public perception regarding the planning commission.

"As a volunteer board, we have just come from hours and hours of work to complete the comprehensive plan and regulations," Sieger said.

"This (regulations) is not our own agenda," Sieger said. "Why would we want to hinder development? We want good solid planning. We don't want a shack on every one acre tract."

She continued the boards cannot be subjective; they are required to follow specific guidelines.

"We are following written regulations," Sieger continued. "We're not setting our own course."

It was explained decisions made by the planning commission are brought before the county commission for final approval. However decisions made by the board of zoning appeals are final. Anyone wishing to appeal those decisions must do so through district court.

Another meeting will be announced to further discuss zoning options. Public comment will be invited.

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