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Zoning appeals board approves two variances to preserve homestead and correct setback error
Summary
The Leavenworth County Board of Zoning Appeals granted a variance allowing a homeowner to retain a 5‑acre parcel (despite PR‑2 maximum lot size), and approved interpreting a platted building setback as 40 feet rather than the scaled 70 feet; both actions were unanimous and appealable to district court within 30 days.
The Leavenworth County Board of Zoning Appeals voted unanimously to grant two variances: one allowing a homeowner to retain a 5‑acre parcel in a planned residential (PR‑2) district and another interpreting a platted building setback line as 40 feet.
On case DEV‑26‑026, planning staff explained the applicant’s property is not in a water district and that county sanitary code requires a minimum of 5 acres for continued private‑well use. Staff told the board it generally does not recommend for or against variances but will analyze the five statutory factors the board must apply. Commissioners debated whether rezoning the parcel to RR‑5 might be appropriate; staff cautioned rezoning a single parcel could constitute impermissible spot zoning and said a variance is an appropriate remedy when public utilities are not available. Surveyor Joe Herring said the owners want to retain a 5‑acre homestead around their house and well and to sell the remaining acreage; he described the split as following an existing fence line to preserve farm operations. Neighbor Danny Shaker spoke in favor, citing family history and the well’s central location on the retained 5 acres. The board approved the variance to Article 18 §2.1 (maximum lot area in PR‑2) by roll call; the decision was recorded as 7‑0 and may be appealed to Leavenworth County District Court within 30 days.
The board also addressed DEV‑26‑035, a discrepancy in the Pink Farm 2 Plat where the written setback callout (40 feet) did not match the scaled line on the map (70 feet). Applicant Courtney Kips said prior replats carried the same error and asked the board to adopt the 40‑foot measurement so planned construction could proceed without moving the house and driveway. The board interpreted the plat as a 40‑foot setback and approved the variance by unanimous vote. The Board of Zoning Appeals then adjourned.
Both decisions include standard appeal language; the board announced that any aggrieved party may file an appeal in the Leavenworth County District Court within 30 days of the decision.
