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Reno County BZA approves Boone request to exceed accessory-building square-foot limit
Summary
The Reno County Board of Zoning Appeals approved a special exception allowing Jerry and Gaylene Boone to exceed the 5,000-square-foot accessory building limit for a proposed 50-by-150-foot shop with a 10-by-50-foot covered porch, subject to zoning conditions and resolution of platted easement issues.
The Reno County Board of Zoning Appeals on April 17 approved a special exception for Jerry and Gaylene Boone to construct a large residential accessory building at 3610 East 50 Sixth Avenue, allowing the total accessory building area on the parcel to exceed the county's 5,000-square-foot limit.
The board approved the Boone application to build a 50-by-150-foot structure with a 10-by-50-foot covered porch, producing a total accessory area listed in the application as 10,050 square feet. The decision carried on a roll call vote after the public hearing and staff presentation.
The Boones told the board the structure is intended for personal, noncommercial uses: indoor storage for vehicles, an RV bay and space for hobbies including automotive and aircraft restoration, and an art studio for Gaylene Boone. Jerry Boone said the shop would help consolidate storage and reduce scattered outbuildings on the roughly 30-acre parcel, and that the building site is set back more than 200 feet from 50 Sixth Street and screened by trees.
County planner Mark (Mark Von Atchin) told the board staff recommended approval with conditions. He said staff included the 10-foot-by-50-foot porch in the square-foot calculation and noted that four existing accessory structures and sheds on the parcel contributed to the total calculation. Three procedural items were highlighted: the proposed building likely lies within a platted drainage easement and a small utility easement shown on plat maps; the Boones have contacted a surveyor and are exploring options including vacating the easement, vacating a portion of it, or replatting the subdivision; and staff would not issue permits if the building is located in a platted easement. The planner also emphasized a condition that the accessory structure be used for residential (noncommercial) purposes unless the owner obtains a conditional-use permit.
A rancher who spoke during the hearing said he has worked with the Boones on combining platted parcels and said one of the small platted parcels (parcel 21) is encumbered by unpaid taxes and that obtaining required signatures for a plat vacation may take time. In response, staff noted county statute allows commissioners to conduct public hearings on vacations if petitioners secure necessary signatures, which can speed the process.
The board's formal motion, recorded in the hearing, approved the Boone request as presented subject to the conditions in the staff report. Staff then called the roll; the minutes record the motion as carrying. The board closed the public hearing and moved to other business.
Because staff and the applicants acknowledged the proposed building may intersect a platted drainage or utility easement, county staff stated the Boones must resolve easement or platting issues with a survey and any necessary vacations before a zoning permit would be issued. The board's approval preserved staff's authority to withhold a permit if the building is shown to be inside a platted easement.
The board's action does not alter other regulatory requirements: any future commercial use of the building would require a separate conditional-use permit, and any septic/well or environmental concerns identified during permitting would be processed through the county environmental and permitting review.
