MINUTES
HARVEY COUNTY BOARD OF ZONING APPEALS
Harvey County Courthouse
Community Room
Feb. 2, 2016
7 p.m.
Members present: Philip Kimerer, Jack Bender, Carol Buller, Bonnie Wendling, Wayne Alison, Dorothy Thiesen, Duane Miles, Lynne Vigil.
Members absent: Harlan Foraker, Trinity Muth.
Guests: Ivan Thiessen, Pat Wendling, Caroline Budde, Christopher White, Derek Wiggers, Chip Westfall.
The meeting was called to order at 7 p.m. by Chairman Kimerer.
The minutes of the Jan. 5, 2016 minutes were approved with the motion by Vigil and second by Alison. The vote was unanimous.
The case CUP16-001 was brought off the table with a motion by Bender and second by Vigil.The case if for property located at 78500 W. Hwy 50 owned by Derek Wiggers. Vigil commented that she agreed with the recommendations and conditions that were made by staff.
Derek Wiggers was present to present his case. Wiggers is a dealer who is paid by commission for selling the Premier Buildings from his property. He does not have insurance or a sales tax number because Premier pays all of that. There will be 4 to 6 buildings setting on his property at a time. The commission gave permission for him to place the buildings anywhere on his property and he can place signage on the buildings.
Vigil made the motion to approve CUP16-001 with the following condition: the CUP is only for selling portable sheds. There will not be more than 20 sheds on site at one time. Also that Wiggers will remind all buyers that they need to get in touch with local authorities to obtain required building permits in the city limits and incorporated areas. Wendling seconded the motion. Case CUP16-001 passed with a unanimous vote by commission.
The case CUP16-002 was then presented to the commission. Caroline and William Budde are looking to expand their business located at 4504 NE 36th. Although this business has been operating for sometime with its growth it was time to get things in order and get property zoning The purpose of the expansion is to bring work back to Harvey County. Along with bringing work back into Harvey County, employees will be added. Budde Enterprises does work for three railroads at the current time and is planning to work with two more railroads in the future. The shop building is increasing by 50 percent.
Miles made the motion to approve with the following conditions: Any further expansions that would net an increase of 50% of assessed value of this proposed building will need to come back to the planning commission for review. If there are issues with the roadway because of this expansion, Budde Enterprises, Inc. will make every effort to work out an acceptable solution for all parties involved. Alison seconded the motion and the vote passed unanimously.
Bender gave an update on the request by Wichita in respect to the Equus Beds. He and Kimerer attended the Division of Water Resources Meeting in Manhattan and Bender attended the Equus Walnut Watershed District meeting in Wichita. Bender reported that several people were at the meeting in Manhattan to testify against the proposal for Wichita to be able to draw their water credits down to bedrock if need be during drought conditions. The water in the Equus beds supplies not only Wichita but all of Harvey County and Valley Center. The concern is that depleting the Equus supply will allow the salt plumb to move a quicker rate than it already is moving, contaminating the water supply. Commissioner Chip Westfall was at the meeting. He said the commission was aware of the issue and said they are taking steps to deal with what will be a long ongoing issue. Westfall said water is the new gold. Westfall said currently 21 percent of the water from the beds is used as drinking water. 73 percent is used for ag purposes.
In new business: Westfall told the commission that changes to the size of the commission were being looked at. He asked for input on the number of members that would be a good working number, terms for members and how to recruit new members. He said they needed to modernize the board. He suggested a joint meeting with commission and planning board.
Kimerer asked for the comprehensive plan and the bylaws to be put on the March agenda. He also wanted to talk about districts and finding replacements for outgoing members.
Alison motioned adjourned the meeting with a second by Vigil at 8:15 p.m.