ROBERT PIERCE
• Leader & Times
The appeal of a denial of a request of a variance on a zoning regulation by a Seward County commissioner will have to wait a little longer.
Monday, Commissioner C.J. Wettstein was scheduled to have his appeal of a variance request on a garage being built on his property being denied, but County Counsel Nathan Foreman recommended the request go through the proper channels before being heard by the commission.
“In reviewing what we’ve done in the past and also in reviewing our regulations we have, I think in a way, we’ve got the cart before the horse so to speak,” Foreman said. “If you look at our Article 29 of our Planning and Zoning regulations, Article 29 deals with the board of zoning appeals. The board of zoning appeals has among their specific powers in Section 3, they have the power to hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of these regulations.”
Foreman said likewise, the Planning and Zoning Commission has the power to make decisions on appeals of variances and special exceptions to the terms of these regulations, adding upon which, such a board is required to pass under these regulations.
“The procedure in our Article 29 we’ve adopted specifically says there is a requirement of a public hearing before the board of zoning appeals,” he said. “There is a specific requirement on how that is done and how that public hearing is notified to the public. I think it’s important the public be given the opportunity to make recommendations regarding this. It’s published in the newspaper. There’s timing requirements.”
Thus, Foreman said his recommendation a this time is that it is not proper for the county commission to hear the appeal.
“It needs to go to the board of zoning appeals, and if there’s a potential, this body would take a look at that decision,” he said. “As such, I don’t think it would be proper at this time for much comment about the situation if this body has not been given the facts yet, especially from a due process standpoint. My recommendation at this point is you do not hear this appeal, and the appeal goes properly before zoning appeals.”
Earlier, Planning and Zoning Commissioner Steve Merz spoke about the situation in the citizens comments portion of the meeting. Merz, speaking as a citizen, said while he does not mind what Wettstein is doing, the county does have rules and regulations regarding a structure such as the garage being built on his property.
“I would like to think you were aware of those rules and regulations prior to commencing your project,” Merz said. “According to what I’ve read, you’ve applied for a building permit or something, and you were turned down. You were denied. From the looks of the pictures, it looks like you went ahead and did some building anyway.”
Merz said he had a few problems with that.
“Number one, you are a representative of the county,” he said. “As that, you need to set an example of doing everything right and proper, and plowing ahead when you’ve been denied is not right and proper. The second thing that concerns me is this matter has not been brought before the Planning and Zoning Commission.”
Merz said typically, an appeals request comes first before the Planning and Zoning Commission, which then makes a recommendation to the county commission.
“I’m a little disappointed in you, and I would like to think you would’ve been a step above that,” he said. “I would like to think something could be hammered out, but I think we’ve got two wrongs, and my dad always said two wrongs don’t make a right.”
No further date has been set to hear Wettstein’s appeal. According to information in the agenda packet, Wettstein had submitted a permit for the construction of an accessory building, and based on Article 2 Section 2-109, the permit was denied.
That article, Planning and Zoning Director Albert Gallegos said in a denial letter to Wettstein, pertains to front yard setback requirements, which he said Wettstein did not meet.
In a letter to his fellow commissioners, Wettstein said he was told his building was too close to a road easement, even though the building is 10 feet inside a row of evergreen trees.
“When I measured the distance from the north ditch line to the north edge of my garage, it was 84 feet,” he said. “If you subtract the 60 feet of road right-of-way off the 84 feet, I have 24 feet from the edge of my garage to the south right-of-way line of the road. I was told I was supposed to be set back 40 feet from the south right-of-way line.”
