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Commission grants single-lot waiver allowing one manufactured home on Lot E at East Hillcrest Road; vote 3-2
Summary
The board approved a waiver allowing a manufactured home to be installed on Lot E at 4755 East Hillcrest Road for family use only; commissioners debated grandfathering, vacancy rules and enforceability before a 3–2 vote.
Finney County commissioners on Jan. 27 approved a zoning waiver allowing one manufactured home on Lot E of the property at 4755 East Hillcrest Road, a parcel that had been zoned Manufactured Home Park (MHP) but lost nonconforming status after several pads were vacant.
Planner John T. Thompson told the commission that the property, about 1.99 acres in MHP zoning, no longer meets several development standards in article 11a of the county zoning regulations (including minimum park frontage, sidewalks, storm shelter and pad utilities). Thompson said lots B, C and E had lost nonconforming status after being vacant “for several years,” and specifically that Lot E had been vacant “at least 17 to 19 years” per the owner’s statement.
The property owners asked for a waiver that would allow placement of a manufactured home on existing lots. Thompson said staff could not recommend approval because the property does not meet the grandfathered or nonconforming criteria in county regulations. The owners (identified in the record as Raymond and Maria Figueroa) said they wanted one lot for a family member to place a trailer/home.
Commission discussion focused on precedent, enforcement and limits. Commissioners agreed they could limit the waiver to Lot E, but county counsel warned the board that limiting the waiver to “family-only” occupancy would be difficult to enforce administratively; counsel said a waiver could be tied to the landowner rather than the land to constrain future transfers. One commissioner said he was generally opposed to waivers but supported this isolated, single-family request; another commissioner said they would not vote in favor.
A motion to grant the waiver for a single manufactured home on Lot E for family use only (and not to extend to Lots B and C) carried by a 3–2 vote. Minutes note the board directed county counsel to prepare the waiver language and suggested filing the waiver so it is clear which lot is covered. The record shows commissioners approved the motion and later announced the motion carried 3 to 2.
What it does and does not do: The waiver authorizes placement of one manufactured home on Lot E only and does not rezone the property or restore grandfathered status to other lots. County counsel told the board that a “family-only” occupancy limit could be stated in a waiver but may be difficult to enforce after sale; the commission discussed options tying approval to the current owner or filing notice on the deed.
Next steps: county counsel will draft the waiver document specifying Lot E, and staff will present the form at a subsequent meeting for formalization and recording.
