McPherson County board halves enforcement bite for disputed accessory building, orders double permit fee and back taxes

The McPherson County Board of Zoning Appeals on the evening of its regular meeting amended a recent enforcement resolution tied to an unpermitted accessory structure, ordering the property owner to pay double the building permit fee and the back-assessed taxes and declaring the building to be brought into compliance.

William (Logan) Williams, the property owner who addressed the board, said he bought the property in 2016 and believed the structure he installed was a carport that did not require a permit. "I didn't think it was gonna cause an issue," Williams said, explaining he had removed two small, rundown outbuildings before placing the new 20-by-30 structure.

The dispute centered on a 2016 variance that limited accessory structures on the lot. Zoning administrator John Kinsey told the board that the variance prohibited new accessory structures on the property and noted that because no zoning permit had been filed the assessor had not been collecting taxes on the building. Kinsey said his normal options include revoking permits, issuing stop orders, performing inspections or referring matters to county counsel for legal action.

Board members debated whether the committee should set an arbitrary fine or return the matter to the county's usual legal process. The previously proposed penalty figure — cited in board documents as $12,000 — drew repeated objections as arbitrary and potentially litigious. A motion to amend the resolution to set the fine at $0 failed after discussion. Ultimately the board voted to amend the resolution to require payment of double the permit fee and any back taxes and to recognize the building as in compliance; the amendment passed on roll call (vote reported as 6–2).

Several board members argued for developing clearer, published enforcement guidelines before imposing dollar penalties in future cases. The chair said the board should not be punitive but needs transparent standards for consistent enforcement.

Under the amended resolution, Administrator Kinsey will proceed with the administrative steps to effect the compliance change and ensure any necessary documentation is recorded. Kinsey told members he could forward the case materials to county counsel and begin review as soon as the paperwork is prepared, with an initial review commonly expected within roughly a week.

The board closed the case after the vote. Members also noted a need for a future work session to draft standard violation and penalty guidelines to avoid similar disputes going forward.