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County attorney says building-permit denials are not appealable to zoning board; planning staff to review multiple filings
Summary
After public comments and written filings about appeals to the board of zoning appeals, the county attorney and planning staff said appeals of building permits do not fall under the zoning appeals process; staff will review filings and notify petitioners and return to the commission with a recommendation next week.
Public comment and staff discussion at the Linn County Commission meeting highlighted a dispute over appeals filed by residents about a subdivision and building permits in the Sunshine Meadows area.
Jan Longnecker and other residents said they had filed multiple appeals and cited Kansas law and county zoning and subdivision regulations. Planning staff and the county attorney reviewed the zoning and subdivision code and told the commission the statutory appeals route described in Kansas law and the county zoning regulations applies to zoning decisions, not to issuance or denial of building permits.
Jacqueline (county counselor) said the county’s subdivision and zoning regulations mirror state law and that, under Article 21 of the county’s code (building permits), appeals from a refusal to issue a building permit proceed under a different, limited process; neighbors do not have a general right to appeal routine building-permit decisions to the board of zoning appeals. Jacqueline said the document presented by residents appears to be an improper appeal if it concerns building permits. Planning staff acknowledged receipt of one written application from Longnecker and said a separate undated petition with multiple signatures had been provided to staff; she confirmed staff will review the filings, consult the county attorney and provide a formal response next week.
Commissioners asked planning staff and legal counsel to review the submitted materials and to confirm whether any of the filings meet the code’s requirements for an appeal and, if not, to notify the filers that the appeals are not in proper form. The board did not render a final legal determination at the meeting; staff will report back with a recommended process and any next steps.
