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Planning commission approves lot-depth exception for property with constrained access on 180 Second Street

5362337 · July 11, 2025
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Summary

Leavenworth County Planning Commission approved an exception to the lot depth-to-width ratio for a boundary line adjustment at a property listed in the staff report as 18860 180 Second Street after staff and the applicant described access limitations and site constraints.

Leavenworth County Planning Commission on July 30, 2025, approved an exception to the zoning and subdivision regulation limiting lot depth-to-width ratios for a boundary line adjustment requested for the property listed in the staff report as 18860 180 Second Street.

The commission’s vote was unanimous. Planning staff told commissioners the parcel contains a single-family house and accessory structures split into two tracts and that the rear parcel exceeds the 1:1 depth-to-width ratio by roughly 300 feet. Staff said the applicant is entitled to make a boundary adjustment but must obtain an exception because of the irregular layout and site constraints.

Why it matters: the exception lets the owner record the proposed lot line adjustment and separately transfer or manage the rear tract without meeting the typical depth-to-width standard. Commissioners and the applicant emphasized that vehicle access to the rear tract depends on an access easement rather than new highway access.

Staff and applicant details: Planning staff told the commission that the Kansas Department of Transportation had indicated no new access would be granted from State Avenue. The surveyor for the applicant, Joe Herring of Herring Surveying, said an access easement on the southern portion of Tract 1 is in place, has been signed and will be recorded if the survey is approved, and that a new driveway has been constructed to provide access to the back parcel.

Commission discussion and outcome: Commissioners asked about the easement’s location and whether it crosses a stream; staff directed commissioners to the colored exhibit in the packet. After a motion to approve the exception on the finding that the three criteria for an exception were met, the commission voted unanimously to grant the exception.

Votes at a glance: Commissioner Jaden Bailey — yes; Commissioner William Gottschalk — yes; Commissioner Jeff Spinks — yes; Commissioner Doug Tystad — yes; Commissioner Daniel Clemens — yes; Commissioner Joshua Zinger — yes. Motion outcome: approved.

Next steps: The approval allows the applicant to proceed with recording the survey and access easement as discussed; no county-level permit changes were announced at the meeting.