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Franklin County BZA approves variance to allow second dwelling at 3281 K‑68 Hwy., imposes $10,000 bond and 10‑year removal requirement

Franklin County Board of Zoning Appeals · February 4, 2025
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Summary

On Feb. 4, 2025 the Franklin County Board of Zoning Appeals voted 6–1 to approve a variance allowing a second primary dwelling on a 10‑acre tract at 3281 K‑68 Highway. Approval is conditioned on a $10,000 bond and removal of the existing residence within 10 years; staff had recommended denial.

The Franklin County Board of Zoning Appeals voted 6–1 on Feb. 4 to approve a variance allowing a second primary dwelling on a 10.00‑acre tract at 3281 K‑68 Highway, contingent on a $10,000 bond guaranteeing removal of the current residence within 30 days after it is vacated and a requirement that the existing home be removed within ten years.

Planning Director Pat Toth had recommended denial of Application #000004‑2024 (Lamm), telling the board that the county’s zoning regulations and Comprehensive Plan favor preserving the rural character of one‑home‑per‑tract development and that approving the variance could set a precedent. Staff noted the property’s narrow “piano key” configuration and explained that other options — including building an accessory dwelling unit (ADU) near the existing house or pursuing a temporary use permit with a bond — were available under current rules. "Staff does recommend denial of the variance request," Toth said during the presentation, and outlined the findings in the staff report under K.S.A. 12‑759.

Applicants Brandi and Chuck Lamm said they sought the…

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