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Seward County to revisit housing permit rejection PDF Print E-mail
Saturday, 14 October 2017 09:49


• Leader & Times

Monday, Seward County commissioners will address a potential error made in denying a  building permit application at the commission’s regular meeting.

The application is to Celso Franco, a rural county resident, for  a second permanent primary residential structure to be placed on a non-conforming parcel.

Franco, according to information in the agenda packet for Monday’s meeting, owns  a 10-acre parcel on Bluebell Road, and the parcel is non-conforming  because it has three residential structures on it.

“The parcel contains one permanent site built structure and two single-wide manufactured homes,” the information said. “The applicant has purchased one of the site built classroom buildings from Washington Elementary School and would like to replace one of the manufactured homes with this permanent building and  remodel it to be used as a home.”

The information likewise said a permit was received and was denied by Seward County Planning and Zoning for the following reasons:

• Parcel already contains one primary structure;

• No site plan submitted;

• No building plans submitted;

• Listed contractor is not currently licensed with Seward County; and

• Fee not paid.

“Planning and zoning staff is authorized to permit the replacement of non-conforming single-wide manufactured homes with a manufactured home in better condition,” the information said. “It does not allow  replacement of a non-conforming manufactured home with a permanent site built home. If the manufactured home that is proposed to be replaced has been vacant for more than six months, it is considered discontinuance of a non-conforming use and shall not be used again unless it is used in conformance with the regulations (replacement is prohibited).”

The information added due to the limited road frontage on the parcel, it cannot be split into two conforming lots.

“Regulations only allow one primary  structure per parcel (regardless of parcel size), and  the addition of this structure would cause this parcel to be more non-conforming than it currently is and would greatly decrease the likelihood that the non-conforming will be discontinued in the future,” the information said.

Per a request from the commission, the Seward County Planning and Zoning board met Oct. 10 to discuss a possible amendment to the  zoning regulations to allow  additional  permanent residential structures.

“They decided that an amendment to the regulations is not in the best interest of Seward County residents,” the agenda packet information said. 

The item was tabled from the county commission’s Sept. 5 meeting, pending the commission’s determination. The agenda packet information said county staff is recommending denial of the appeal.

If the commission chooses to  approve  the appeal, staff recommends the following conditions:

• A new septic system must be installed for the new  structure; and

• All other permit requirements must be met  before permit issuance.

The commission’s regular meeting is scheduled to begin at 5:30 p.m. Monday in the commission chambers in the Seward County Administration Building.




About The High Plains Daily Leader

The High Plains Daily Leader and Southwest Daily Times are published Sunday through Friday and reaches homes throughout the Liberal, Kansas retail trade zone. The Leader & Times is the official newspaper of Seward County, USD No. 480, USD No. 483 and the cities of Liberal and Kismet.  The Leader & Times is a member of the Liberal Chamber of Commerce, the Kansas Press Association and the Associated Press.

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