Board backs rezoning, plat and accessory-building permit for Gardner Lake property; hydrant requirement flagged

The West Consolidated Zoning Board voted to recommend rezoning, plat, and permit applications for property at 15355 Lake Road 2, known in the motion as Smitty's Lakeside Estate. Craig Connell moved the approval, Donna Goetzmann seconded, and the motion passed unanimously among members present. The item will be considered by the Board of County Commissioners on March 26 at 9:30 a.m.

Planning staff explained the request includes rezoning from RUR to PRU1B, preliminary and final platting to create two lots, and an accessory building use permit to allow two existing accessory structures to remain on one lot without a primary house. Staff said the application meets minimum infrastructure requirements except for a request to waive improvements to Lake Road 2 that would otherwise require a Type B collector street standard; staff and Public Works recommended the waiver because Lake Road 2 is a privately maintained lake road and the proposal does not increase development intensity or obligate the county to maintain the roadway.

Staff also explained that City of Gardner water will serve the property, and that the Johnson County building official requires installation of a fire hydrant where adequate fire flow exists. Staff read a proposed stipulation: "For the purpose of meeting fire and building code requirements, a fire hydrant shall be either installed or under contract with the City of Gardner Water Department in a location that is accepted by Johnson County Building Official, prior to recording the final plat." The transcript records the City of Gardner advising that the landowner pays the cost to install the hydrant.

Board member Bob Paulson questioned whether it is fair for the landowner to pay for a hydrant when it may benefit many neighboring lots. Planning staff and Sean Pendley of the planning department replied that the hydrant requirement is a building-code requirement enforced by the building official when fire flow is available and that there is no county requirement to form a benefit district or require participation by other property owners; the requirement is typically enforced at the building-permit stage but the proposed stipulation gives the landowner advance notice.

Planning staff recommended approval of the rezoning, plat, waiver, and accessory building use permit and presented three plat exceptions (Lot 2 under the 10,000 sq. ft. minimum, a front-yard setback exception for an existing shed, and a side-yard setback variance for an existing garage). The board approved the staff recommendation and referred the matter to the Board of County Commissioners for final action on March 26.