Neighbors file appeal, cite delays in records after approval of Sunshine Meadow permits

A group of residents told the commission they have filed an appeal with the Board of Zoning Appeals concerning building permits issued for the Sunshine Meadow subdivision and alleged the county failed to provide timely public records responses.

Dan Longnecker, speaking during public comment, said he and his neighbors filed an appeal after learning two building permits had been approved on April 17 but were not revealed to residents until July 8. He said the permits had not shown up in response to multiple open records requests and that the delay justified an appeal under the Kansas Open Records Act as he cited it in his remarks. "Misconduct in providing public records in a timely matter as required by KSA 40 five-two 18 Kansas Open Records Act justifies the filing of the appeal," Longnecker said.

Longnecker argued the zoning administrator's later letter — which said only applicants may appeal building permit decisions — does not foreclose an appeal under Article 19 of the county zoning regulations, which he said gives the Board of Zoning Appeals authority to hear claims that the zoning administrator made an error enforcing the regulations. He told the commission residents would file an appeal of the zoning administrator's letter.

Zoning director Ben Sousa was mentioned during the public comment exchange. Commissioners and staff engaged briefly with the resident during the public comment period; commissioners said they had sought legal review and that staff had been advised to limit public discussion while the matter moves through administrative channels.

Next steps: Longnecker said the residents would file the appeal to the Board of Zoning Appeals within days. The commission did not take action on the permits during the meeting and did not adjudicate the complaint; commissioners noted the zoning process and appeals are the appropriate administrative paths.