Permit temporary granted until zoning regulations reviewed
Marion County Commission approved a conditional use permit (CUP) Monday to Mike Beneke for a commercial feedlot.
Commissioners chose to grant a temporary CUP until Marion County Planning Commission reviews a rule requiring an environmental impact statement.
The planning commission recommended granting a CUP at its March 26 meeting. Beneke applied for a confined animal feeding operation on 280th Road, east of Alfalfa.
Harry Bennett of rural Marion opposed the permit, on the grounds that Marion County zoning regulations require an environmental impact statement for certain CUPs, including feedlots.
County zoning administrator Bobbi Strait said that requirement was invalidated by a Kansas Supreme Court case, which said counties can’t make more strict rules than Kansas Department of Health and Environment.
Supreme court ruling noted
The ruling came from a case against Norton County on May 14, 2004, John David, Joe L. Dawson, Robert and Shirley Sproul, and the Kansas Livestock Association vs. Board of Commissioners of Norton County, Kansas.
Planning Commission will draft a new set of regulations at its April 23 meeting and hold a public hearing May 28, Strait said.
“We owe Mr. Beneke a decision so he can get on with his life and his livelihood,” said Commission Chairman Dan Holub.
In other business:
- Susan Mayo was given a permit for a fireworks display May 28 at her home, 1660 90th Road, in celebration of her daughter’s graduation. Mayo will have insurance and a pyrotechnician setting off the display.
- Hillsboro Ford won a bid for repainting a passenger car for the county. The company’s bid was $1,572. Heinrich’s Collision Repair of Hillsboro bid $2,360; Arlie’s Paint, Body, and Glass of Marion, $3,047; and Hillsboro Body Shop, $1,698. The bid award is conditional on receiving a five-year warranty from Hillsboro Ford. If that isn’t possible, it will return to commission.
- Austin Peters Group, Inc. of Manhattan will conduct a study to help Marion County establish an equitable pay plan for county employees. The study will cost $1,350 plus mileage expense.
- Cooperative Grain and Supply of Hillsboro won a bid for 6,000 gallons of diesel and 2,000 gallons of unleaded gasoline for $13,460. Cardie Oil of Tampa bid $13,814.
- Road and Bridge Superintendent John Summerville will check warranties on bids for tires and bring back the bids to commission. Rod’s Tire of Hillsboro and Cardie Oil of Tampa bid for 135 tires and tubes, ranging from all-season tires to tractor tires.
- Commission met met in closed session with Communications and Emergency Management Director Michele Abbott for 10 minutes to discus personnel. No action was taken on return to open session.
- The next meeting is 9 a.m. Monday.