Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Zoning topic
No spam. Unsubscribe anytime.
Finney County commissioners deny waiver to keep subdivided parcel zoned agricultural, direct rezoning review
Summary
The board denied a request to waive the 40-acre minimum for agricultural zoning at 7770 East Mary Street and instead directed staff to amend zoning rules to create an option for agricultural uses on smaller parcels, citing precedent and administrative concerns.
The Finney County Board of County Commissioners voted to deny a waiver request that would have allowed a parcel at 7770 East Mary Street to remain zoned agricultural after subdivision, and directed staff to draft changes to the county zoning regulations to allow agricultural uses on parcels smaller than 40 acres.
Mackenzie Phillips, the county’s development administrative coordinator, told commissioners the parcel in question was about 37.48 acres and that a prior, informal division in 2013 had produced three nonconforming parcels. Phillips reviewed Section 4.02011 of the county zoning code, which requires parcels be 40 acres or larger to retain agricultural zoning unless the home or accessory building existed before July 1, 2006. Staff recommended against approving the waiver and recommended the owners pursue rezoning through the normal process if they move forward.
Owner David Crace told the board he wants to keep the property in an agricultural district because, he said, it would avoid some inspections and regulatory requirements for accessory buildings and would not change appraisal because “it is appraised by use.” Commissioners expressed concern that approving a waiver would set a precedent leading to many similar requests and noted the county lacks a written waiver procedure. One motion to grant the waiver failed (motion fails, recorded 3–2). The board then adopted an alternative motion to deny the waiver and direct staff to amend zoning regulations to create a district that allows agricultural uses on smaller parcels; that motion carried.
Why it matters: Commissioners said they support modernizing the zoning code but preferred a systematic code amendment rather than piecemeal approvals that could create administrative burdens and inconsistent land-use outcomes. The board’s directive sends the matter to staff for a rulemaking process, which would include drafting a new district or standards and returning to the commission for approval.
Next steps: Staff will draft zoning-code amendments and bring them back to the planning commission and the Board of County Commissioners for review and formal action. The owners may pursue rezoning or plotting under the existing code in the meantime.
