No more extensions given, county denies permit for salvage yard
Marion County Commission denied a conditional use permit for a salvage operation because it had not become compliant after an extension.
Danniel King, 1202 120th Road, Peabody, had applied for a conditional use permit as part of his license renewal with the state for a salvage or junk operation.
At Monday's meeting, the commission did not see sufficient progress as promised by King at a previous meeting.
A survey had been completed and some debris moved but a fence had not been erected and applications had not been completed.
King said his problems were exacerbated after the survey was completed because it was discovered that the property line that had been followed was not correct.
About 70 trees were removed, King said, in preparation for a fence. He continued that miscommunication between himself and county zoning administration Bobbi Strait resulted in him not completing the appropriate paperwork.
"I didn't know I was supposed to contact KDHE (Kansas Department of Health and Environment) regarding an inspection," King said. He said the state wanted more information and maps.
King said he had spent about $15,000 so far and had to obtain a business loan. He asked for another extension because rain and bad health had hampered his ability to complete the requirements.
Storm water permits also are required by KDHE for junk yard/salvage operations, Strait said. Since King was going to use at least an acre of dirt to level out his property, a construction permit also is required.
Strait said KDHE had talked with King in August and still has not received applications for permits.
"I've been there for 25 years and all of sudden we have to do all this stuff," King said.
Commissioner Dan Holub said he had inspected the property and had not seen any activity other than survey flags.
King disagreed and said a "ton of stuff" had been moved.
"Building a fence is the easy part," King said. "Getting ready has taken more time."
King continued that if he did not make the necessary improvements by the first of the year, the state will not renew his license.
"With the progress we're making, we'll be able to get the fence up by the first of the year," he said.
"I think I would have a more positive attitude if there was a fence on the west side and the permit applications completed," Strait said. "Why didn't you put up the fence on the west side?"
"I thought KDHE was going to inspect," King responded.
"You still needed to have the fence. Water can run through a fence. There aren't even any fence posts which would show an intent to comply," Strait said.
Holub said King could not comply within the previous time line and he doubted if compliance would be made if given another three months.
"You're the governing body that required me to jump through the hoops so I assumed you would send the applications to the state," King said.
With that the two commissioners, Holub and Bob Hein, passed a resolution which denied a conditional use permit for King.
Commission chairman Randy Dallke was absent.
