Rural Parker man gives update on quest to stop subdivision

By Charlene Sims, info@linncountyjournal.com

MOUND CITY – The Linn County Commissioners heard from rural Parker resident Jan Longenecker on Monday, March 24, about the Sunny Meadows subdivision that is being built at 1700 Gireau Road south of Parker by builder Mike Page. It was the fourth time Longenecker has appeared before the commission to oppose the development.

At past commission meetings, Longenecker has contended that the approval of the development as a minor plat did not meet the requirements of the Linn County zoning regulations. He has also inferred that a group of neighbors in that area have met with an attorney.

While Longenecker has tried to reassure the commissioners that there was no intention of the residents suing the county, interim County Counselor Mark Hagen advised the commissioners not to make any statements because of possible litigation mentioned by Longenecker at a meeting earlier this year.

At this week’s meeting, the commissioners spent 30 minutes in executive session with Hagen before Longenecker spoke during public comment. 

“I wanted to recap the meeting that Larry Kinder and I had with Mark Hagen on March the 12th about the Sunny Meadow subdivision,” Longenecker told the commissioners. “Mr. Hagen asked us what we wanted and we said that the regulations did not allow building permits if the property was not properly zoned. 

“That would be our No. 1 priority. Mr. Hagen said that was a nonstarter. He further claimed that we may have a personal vendetta against the developer. I asked what basis it was that he was making the claim that this project could go forward, that was approvable that that were no irregularities that it could proceed.

“He refused to give any particulars, I think pretty much as he has with the board as far as I can tell. He said that that would only be revealed in court. I don’t know what court he refers to.”

However, in a phone interview on Thursday, March 27, Hagen said that he had no idea what the gentleman was talking about.

At Monday’s meeting Longenecker continued, “Subsequent to that meeting we consulted with another zoning attorney, a qualified zoning attorney. Kind of our second opinion to make sure that we weren’t wasting our time. 

“We weren’t on the wrong track. We weren’t just flat wrong about this. Twenty-eight individuals who are Linn County landowners, live in the area, heirs to the property, have signed up and are now represented by a zoning attorney. We have developed a path forward with the help from that attorney. 

“We continue to believe that the building permit should not be issued and I would hope that that’s a discussion that the board would have with Mr. Harris, the zoning director, so that he has some guidance whether or not the county is going to issue the building permits for three- and four-acre tracts.

“Homes on those three- and four- acre tracts, while it continues to be zoned agriculture, those do not meet any regulation within our zoning rather than residential zoning. But that’s a decision I hope Mr. Harris has some guidance on.

“If approved, if a building permit is approved with the zoning director, we have the right of appeal to the board of zoning appeals. We have 60 days to make that appeal once the building permit is approved. We will be issuing Kansas Open Records Act (KORA) requests of Mr. Harris on a 30-day basis. In the past we missed a deadline. We wouldn’t be here today if we hadn’t been. We believe we were misled and thus missed a deadline on the initial minor plat. That won’t happen again. 

“So we’ll be pestering him with open records act requests for any building approvals that are done. That’s kind of where we are, and just for your information we’ve consulted two zoning attorneys. Neither one of them has mentioned any lawsuits against the board.

“So where Mr. Hagen gets that continual statement about suits against the board I have no idea.  I have my opinions but it really doesn’t matter at this point. We will move forward with the action that is allowed to the regulations. We hope that the board takes the necessary action on their part. Thank you.”

The commissioners made no comment except for thanking Longenecker for coming in.