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Leavenworth County Board of Zoning Appeals approves setback variance for Ackerman Hills corner lot
Summary
The Board of Zoning Appeals approved a variance allowing a reduced front-yard setback along 235th Street for Lot 12 of Ackerman Hills 2nd Plat, arguing the county road right-of-way acquisition would otherwise shrink the applicant’s buildable envelope; the motion passed 7–0.
The Leavenworth County Board of Zoning Appeals voted to grant a variance for case DV-26-076, allowing the front-yard setback along 235th Street to be measured so the applicant retains his existing buildable envelope instead of being forced to meet a newly expanded right-of-way setback.
Planning staff opened the public hearing by explaining the county is acquiring an additional 10 feet of right-of-way along 235th Street for a road improvement project and that, as a result, the applicant’s required setback would shift unless the board granted relief. The applicant, Gavin Polson, identified himself and told the board he had reviewed the plat before purchase and asked the board to “keep that set in stone” so the county’s action would not further reduce his building area.
Commissioners questioned whether terrain or other constraints prevented the applicant from building to the new setback and discussed how the county measures setbacks (from the right-of-way edge rather than the centerline). After asking whether any members wished to speak for or against the request, the board recessed public comment and moved to deliberations.
A commissioner moved to approve the variance, finding that the five statutory criteria for a variance had been met; a second was recorded and the board carried the motion by roll call, 7–0. Staff advised that any aggrieved party may appeal the decision to district court within 30 days.
The approval applies to Lot 12 of the Ackerman Hills 2nd Plat and does not alter other parcels; it resolves the applicant’s request to maintain his current front-yard building line in the face of county right-of-way acquisition. The board then adjourned the BZA and returned to the regular agenda.
