By ROBERT PIERCE
• Leader & Times

A Seward County resident is looking to have a decision made by the planning and zoning board overturned.
Juan Hernandez resided in a mobile home on Road P in a location with three additional homes on the parcel of land. Under Seward County zoning regulations, the land was an “existing non-conforming” parcel because it contains more than the one home allowed per parcel.
Hernandez’s home was destroyed by a fire in late December, and the county’s zoning regs also state that a non-conforming house that has been destroyed cannot be replaced, so a permit to place a new mobile home could not be issued.
Information in the agenda packet for tonight’s county commission meeting indicates Hernandez purchased a portion of the existing parcel, but he has yet to file a deed on the property.
“If they file the deed without conforming to the lot split requirements, both the parent parcel and the created parcel become classified as ‘illegal lot splits,’” the memo said.
According to county subdivision regulations, no permits can be issued on land that has not been prepared and approved in compliance with the regulations.
Hernandez applied for a lot split, but was denied by planning and zoning, because the proposed split does meet the approval guidelines.
“Both the parent parcel and the created parcel lack the required road frontage, lack the minimum lot width requirement and exceed the allowed maximum width to depth ratio,” the information said.
The particulars of the item also state that approval of the lot split would make both the parent parcel and the created lot legal, and permits can be issued as long as all other requirements are met.
The financial impact of the commission’s decision is minimal. Approval of the split, or overturning the planning and zoning decision, may result in a tract that generates a real property tax bill too small to be sent out, while denial, or upholding the decision, may result in loss of personal property tax on the 1999 mobile home they would like to place on the lot.
The item is awaiting the commission’s decision, and county staff has recommended denying the appeal saying, “proposed lots do not meet adopted zoning regulations.”
The commission meeting is scheduled to begin at 5:30 p.m. today in the commission chambers in the Seward County Administration Building.