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Board of Zoning Appeals approves variance to front‑yard setback for Ackerman Hills corner lot
Summary
The Leavenworth County Board of Zoning Appeals granted a variance allowing an Ackerman Hills corner lot to retain its existing front‑yard setback after county road work would have moved the right‑of‑way, a decision the board approved 7–0.
The Leavenworth County Board of Zoning Appeals on a unanimous vote approved a variance that preserves an Ackerman Hills lot owner’s buildable area after the county’s road project shifts the public right‑of‑way.
Planning staff told the board the application, filed as case DEV‑26‑076, seeks to keep the property’s effective front‑yard setback in its current place so a county acquisition of roughly 10 feet of right‑of‑way along 235th Street would not reduce the owner’s buildable envelope. “The applicant’s property is Lot 12 of the Ackerman Hills 2nd plat,” planning staff said during the hearing, describing the request as a variance from Article 5, Section 4 of the county’s zoning and subdivision regulations.
Applicant Gavin Polson, who identified himself at the hearing, said he purchased the parcel with the setbacks known to him and asked the board to preserve the original building envelope. “When I purchased the property, I knew that that setback was there already… I just want to make sure that that easement doesn’t move my setback to where it begins,” Polson said.
Commissioners asked whether structures currently occupy the newly proposed setback, whether terrain would prevent building at 75 feet, and whether other parcels along the road will be similarly affected. Staff said this parcel is the only one the county is currently aware of that will be impacted by this particular right‑of‑way adjustment.
Chair (reading findings) moved to approve “a variance from Article 5, Section 4 building setback line for case DEV‑26‑076 as submitted by the applicant based on findings that all five criteria for a variance have been met.” The motion passed on roll call 7–0. Planning staff advised that any party aggrieved by the decision may appeal to the Leavenworth County District Court within 30 days.
The approval means the applicant may proceed under the adjusted setback measurement for the parcel; the variance does not require further action by the Board of County Commissioners. The county clerk’s office will publish the formal decision and appeal instructions.
