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Linn County boards grant variance and approve CUP for year‑round wholesale fireworks storage in Pleasanton

Linn County Planning and Zoning / Board of Zoning Appeals · December 10, 2024
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Summary

The Linn County Planning and Zoning board and Board of Zoning Appeals approved a variance and a conditional use permit allowing year‑round wholesale fireworks storage at 9187 Yankee Road in Pleasanton, Kansas, with conditions including annual county inspections, three‑year permit renewals, a perimeter fence and fire‑department access.

The Linn County Planning and Zoning board and the Board of Zoning Appeals voted unanimously to allow year‑round wholesale fireworks storage at 9187 Yankee Road in Pleasanton, Kansas, approving case CUP24‑07 with conditions to address safety and enforcement.

Planning staff said the proposal meets federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) display‑fireworks storage rules, exceeds setback requirements and has been properly noticed to surrounding landowners. "The fireworks will be stored in shipping containers that will not be seen from the road, and they meet the ATF regulations for fireworks storage," staff stated during the hearing.

Applicant Bill described operational details, saying most product is imported and sold during the spring and early summer. "They're all imported from China," he said, explaining shipments arrive in February or April and that most inventory is sold before July 4.

Neighbors raised security concerns about perimeter fencing and the risk of unauthorized access. Scott Lindell, who lives adjacent to the property, said sections of the fence had been removed and warned that "you can just walk right up to the darn thing." Board members discussed adding a perimeter‑fence requirement and other enforceable conditions to address those concerns.

Procedural steps: staff requested a variance from the county code provision that limits fireworks storage permits to June 27–July 5; the Board of Zoning Appeals granted that variance by voice vote. The Planning and Zoning board then approved the conditional use permit by a unanimous voice vote.

Conditions attached to approval require: a three‑year CUP renewal (aligned with ATF license cycles); annual county inspections to verify compliance; adherence to ATF and Kansas Fire Marshal requirements; construction and ongoing maintenance of a perimeter fence in compliance with state statute; and provision of a gate key to the county fire department for emergency access. Staff said permit conditions include the county's ability to revoke the permit for violations and to allow a 30‑day cure period for correctable problems.

Next steps: the variance stands as granted by the Board of Zoning Appeals and the CUP will be renewed on a three‑year cycle with yearly county inspections to monitor compliance. The board noted that enforcement pathways (including fence review and potential revocation) would follow existing county procedures.

No exact vote tallies by member name were recorded in the transcript; the minutes record a unanimous voice vote on both the variance and the CUP approval.