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Commission treats small Nicholson Road farm stand as permitted accessory use and refunds $200 application fee
Summary
Planning staff recommended and the commission agreed that a seasonal, neighborhood farm-stand at 2659 Nicholson Road qualifies as a permitted accessory/home-occupation activity under state cottage-industry rules; the board set aside CUP 2601 and approved refunding the $200 application fee.
The Dickinson County Commission voted March 5 to set aside Conditional Use Permit 2601 for a small seasonal roadside produce and handmade-goods stand at 2659 Nicholson Road and to refund the applicant's $200 application fee, after staff and planning commissioners recommended treating the use as a permitted accessory/home-occupation under the Kansas cottage-industry provisions.
Tim Hamilton, planning staff, presented the request and said the lot is a platted parcel adjacent to residential subdivisions. He said while the agricultural zoning allows roadside farm stands, the lot's location prompted staff to seek Planning Commission input because of possible traffic concerns; staff nonetheless recommended approval and suggested that the county clarify administrative interpretation for similar small stands going forward.
Barb Barrett, a member of the county zoning board, told commissioners the board found the applicant's described activities'home-raised produce, eggs and small handcrafted non-food items'are allowed uses under the county text that implements the state cottage-industry rules, and that the CUP therefore was not required. The planning commission recommended refunding the $200 fee, which normally covers publication and notice costs and is refunded only when applicants withdraw before publication.
The applicant, Jennifer, confirmed the stand would be small and neighborhood-serving. Commissioners moved to set aside CUP 2601 so the applicant may operate by right as a permitted accessory/home occupation, and they approved refunding the application fee; the motions carried by voice vote.
Commission staff said they will consider a policy or procedural clarification so that future applicants doing similar small roadside stands are treated consistently and so officials can identify when a CUP is actually needed (for example, if a commercial kitchen, larger permanent structure or higher-traffic operation is proposed).
