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Fort Scott planning commission deadlocks on rezoning request for 922 E. Wall; recommendation tied

5936370 · April 24, 2025
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Summary

The planning commission was split on a request to rezone 922 East Wall Street from mixed use to C-3 commercial to allow a proposed auto repair shop. The commission’s vote tied 3–3 on an advisory recommendation and will be forwarded to the City Commission.

The Fort Scott Planning Commission was evenly split on whether to recommend changing the zoning for 922 East Wall Street from mixed use to C-3 commercial, leaving the matter to the City Commission after a 3–3 tie.

The matter, filed as Case No. 1050, would reclassify the vacant lot at 922 E. Wall Street so applicant Garrett Knight could build a 30-by-50 mechanic shop. "I wanna put a mechanic shop up," Knight told the commission, adding he had a contingent contract with the city land bank and planned a three-bay garage with two lifts and “I would say 4 to 5” employees initially.

The commission’s split followed questions from members about setbacks, visibility from neighboring houses and street parking. City staff noted an error on the application form and clarified that the parcel is currently in the land bank and had been cleared after a condemned house was removed in 2023; staff also said title on the lot had been cleared for sale.

Neighbors and nearby property owners raised concerns about potential outdoor storage and long-term parking of vehicles. Patrick Wood, owner of a nearby rehabilitated house, said the staging area would face his property and that he worried cars could line Little Street and Wall Street, which he said is the city’s entrance: "Wall Street is our entrance into Fort Scott. We need to keep it as clean as we can," he told the commission. A written letter of opposition from Valerie LeBlanc was included in the packet and read into the record.

Knight said the shop would use Little Street for access, not Wall Street, and that he planned fences and gates so cars would be stored within a secured area: "Yes, ma'am," he said when asked if parked cars would be inside a gate. He also said he would seek a variance from the 100-foot centerline setback the city’s zoning references, because the planned building would sit about 52 feet from Wall Street centerline and roughly 10–15 feet from an existing retaining wall on the north side of the lot.

Commission members debated whether to attach conditions — for example, requiring that any parked vehicles be inside an enclosed or gated area — and whether a conditional-use approach could be used instead of rezoning. Staff and the commission clarified that under current mixed-use rules automotive repair is allowed only when all work and materials are stored within an enclosed building, a standard that would change if the parcel were rezoned to C-3.

After discussion the commission voted on a motion "to not accept the zoning change" (the motion maker indicated opposition to the C-3 rezoning). The roll call produced a 3–3 tie; the commission noted that a tie means the advisory recommendation does not pass and that the applicant may present the case to the City Commission.

Because the Planning Commission is advisory in such matters, the tie will be transmitted with the record to the City Commission for final action.