Duncan54's List: Jefferson County

According to KSA 12-759 the Board of Zoning Appeals hears cases where an applicant wishes to appeal the decision of an administrative official ( i.e. the decision of the Planning and Zoning Director)in the enforcement of zoning ordinance or resolution,.  They are also authorized to grant variances and exceptions from the Zoning Regulations under certain requirements contained in the statutes.  Don provided an example of an applicant that presents a case to the Planning Commission and the case is not recommended for approval and then the applicant decides to ask for a variance to the zoning regulations under the statutes for the Board of Zoning Appeals.  The Board sees the fact that the applicant must ask for the variance from the same Commission members who did not recommend their request for approval as a conflict of interest.  It is with such cases in mind that the Commissioners want to have the Board of Zoning Appeals consist of members not on the Planning Commission.

Eloise discussed a resolution for creating the zoning appeals board.  The Board indicated that they are not ready to name their appointments to the Board.  Eloise reminded the Board that having a Board of Zoning Appeals in place is required by Kansas Statute.  Eloise reported that the new regulations will take effect on March 12 when they are published in the official newspaper.  Eloise discussed an upcoming statutory review of the Comprehensive Plan by the Planning Commission.   The process and procedure for updating the Digital Flood Insurance Rate Maps (DFIRM) was discussed.  Lynn discussed how people would know if their parcel is not in compliance with zoning regulations.  Eloise discussed the changes in the last few years with education of realtors so that purchasers are informed at the time of sale of the property.

Greg Hazen, Robin Leech, Charles Brunkow and Dale Heston were recommended by the Board as appointees to the  Zoning Appeals Board.  An additional appointee will be name in the near future.  

Eloise returned to the Board with a resolution relating to the creation of a Board of Zoning Appeals, appointing persons to serve and setting the length of terms for said appointees.   Lynn moved that Resolution 2009-17 be approved appointing Dale Heston to a term to expire in March 2010; Charles Brunkow to a term to expire in March 2011; Greg Hazen to a term to expire in March 2012 and Robin Leach to a term to expire in March 2012.  Roy seconded.  All voted in favor of the motion. 

The resignation of Charles Brunkow from the Board of Zoning Appeals was discussed.  The Board also received a letter of interest in serving from Steve Phillips, Perry.  The Board has also had interest from Jerry White in serving on the Board.  Lynn moved that Steve Phillips and Jerry White be appointed to the Board of Zoning Appeals.  Roy seconded.  All voted in favor of the motion.  A resolution officially making the appointments will be presented next week.  Eloise reported that Earl Silvers will be going through a rezoning process to solve the issue discussed at last week’s meeting.