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Applicant Kevin V. granted conditional use permit for accessory dwelling to house his mother in Osage County
Summary
The Osage County Planning Commission approved a conditional use permit for a 12-by-32 accessory dwelling the applicant says will house and allow care for his mother with dementia; the permit includes staff-recommended conditions and a prohibition on rental, commissioners said.
The Osage County Planning Commission on May 25 approved a conditional use permit (CUP Z2602) allowing an accessory dwelling unit on a residential parcel so the applicant, identified in the hearing as Kevin V., can house and care for his mother.
Kevin V. told the commission he retired from the state of Kansas and manages livestock and hay operations. He said he wants to build a small 12-by-32 dwelling with a loft “to make her her own little apartment there right next to the house so we can take care of her,” and added the unit will not be rented out. Trisha, planning staff, said an on-site inspection was completed and the inspector “okayed it” and would file a written report.
The commission and public focused on precedent and enforceability. Resident Jerry Kilker, who said he owns property across the street, urged the commission to favor "stability" and warned that exceptions can open a floodgate of similar requests. "A rule that's not enforced is no longer a rule," Kilker said, arguing for clear, recorded restrictions.
Staff explained the local framework for accessory dwelling units: parcels under 40 acres require a CUP for a second dwelling; tiny homes under 750 square feet are subject to special rules; accessory units typically must meet setbacks, water and sewer requirements and cannot be separately metered. Planning staff said the applicant’s stated intention not to rent can be written into the resolution as a condition.
After brief discussion, a motion to approve the CUP with staff recommendations and the explicit condition prohibiting rental was moved and seconded and approved by voice vote. Commissioners did not list individual roll-call tallies in the public record of this hearing; the record shows the motion carried.
The commission noted that if the accessory unit's use changes in the future—for example, if the owner later seeks to rent the unit—the applicant would be required to return to the county for additional approval. Trisha advised the applicant on next steps for permits and documentation.
The planning commission’s action applies only to CUP Z2602 and does not change county code; it creates conditions specific to this application and does not constitute a general amendment to zoning rules.
