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Council denies rezoning after staff reports unpermitted outbuilding, 5-0
Summary
The Basehor City Council voted 5-0 to deny a rezoning request for 21062 North 155th Street after staff reported an accessory structure was built without permits, work continued after a stop-work order, and ownership may have transferred before the application. Council cited compatibility and permitting concerns.
The Basehor City Council unanimously denied an ordinance to rezone 21062 North 155th Street from R-1 (single-family residential) to RO (suburban residential) after staff reported a nonpermitted accessory structure and other compliance concerns. Council member Sherry moved to deny, reciting compatibility, suitability, and enforcement concerns; the motion passed 5-0.
City Administrator Leslie Riverola told the Council staff discovered an accessory building that exceeded the size allowed in R-1 zoning and that a stop-work order had been issued. ‘‘It was abundantly clear to the property owner that no additional work should continue,’’ Riverola said, and staff later observed additional work had occurred. Riverola also said records suggest property ownership may have transferred in December, before the rezoning application was filed.
Riverola told the Council the remedies included keeping the property in R-1 and bringing the accessory structure into compliance, seeking a variance from the Board of Zoning Appeals, or rezoning to RO to match the existing accessory building’s size. Riverola warned that if the council accepted the planning commission recommendation without addressing the new facts, the council could be relying on incomplete information.
In a detailed motion, Council member Sherry cited five ‘‘golden factors’’ in support of denial, including nearby zoning and uses, the property’s suitability under current zoning, the risk of detriment to nearby R-1 subdivisions, the property not being vacant as zoned, and that any hardship arose from unauthorized construction rather than an inherent owner hardship. After a second, the Council voted to deny the ordinance 5-0.
The Council did not adopt a remedial alternative during the meeting; Riverola said the owners may appeal a denial to district court or wait 120 days to file a new application. City staff also said the planning commission would likely receive updated information and could be asked to reconsider the application if the Council remanded the matter for further review.
