• Last modified 2499 days ago (Oct. 18, 2012)


Commission amends zoning rule suggestions

Staff writer

Marion County Planning and Zoning Director Tonya Richards brought the county commission recommended zoning regulation changes on Monday.

There were two changes suggested by the Planning and Zoning Board. The first was to allow existing parcels to be landlocked between properties owned by other owners as long as there is an easement that provides utility and road access to a residence.

The second was to allow noncompliant manufactured homes — trailers made before 1994 — to be moved within the county. Noncompliant trailers from outside the county would still not be allowed to move into the county. All manufactured homes would need to meet U.S. Housing and Urban Development specifications, which began in 1974, Richards said.

The commission had no problem with the second change, but Randy Dallke suggested an amendment parcel split regulation. He suggested that new construction could be permitted on a landlocked parcel if the owner applies for an easement through a conditional use permit process.

Richards was initially against the idea because she said it is much easier for utility access if a residence can be reached from the road. There is no guarantee that landowners would maintain an easement driveway with any regularity. However, Richards said that the conditional use permit process, which requires builders to state the reasons for building on a land locked parcel, would be enough to ensure that a builder was committed to maintaining an easement. She said she would take the amended regulations back to the Planning and Zoning Board.


Richards and Transfer Station Director Rollin Schmidt requested the authority to refuse demolition of a property if the property was not inspected.

A recent dust-filled demolition was the inspiration for the request. Schmidt was concerned about asbestos in the former commercial property. With commercial properties, owners are required by state law to have the building inspected for asbestos.

There is no such law governing residential properties. The commission approved the request and said that if Schmidt or Richards suspects there might be asbestos in a demolition property, that they can request an inspection.

If asbestos is found and the owner does not want to have the asbestos professionally removed, they said the owner could remove the hazardous substance and take it to a landfill in Sedgwick County, which disposes of asbestos.

In other business:

  • An extension was approved for a 10-year neighborhood revitalization rebate at 1 Lois Lane at Marion County Park and Lake. Gary Fritzler originally applied for a rebate in June 2010, but building, planned for July 2010, stalled because of architectural problems. Commissioners granted the extension although building had not started as long as Fritzler applied for a new building permit, began construction by May 1 and complete construction by Dec. 31, 2013. The rebate is set on a sliding scale based on property valuation, appraiser Cindy Magill said.
  • The commission approved $4,000 to be paid to Ty Wheeler of Kansas Legal Services. Kansas Legal Services provides Marion County residents with low-cost legal services primarily for domestic and disability cases.
  • The commission received a memorandum from County Attorney Susan Robson stating that the Kansas Attorney General’s office would be prosecuting the case against Gary Williams. With the charges being for an off-grid felony, it is standard procedure for the Attorney General’s office to prosecute.

Last modified Oct. 18, 2012