Commissioners consider special exception for housing

The York County Commissioners will make a decision next week regarding whether or not they should allow a special exception for housing in the rural area.
Jeff Obermier has asked for the exception, in order to allow him to build a house on his family’s farm where a house already exists.
The county’s zoning regulations allow only one house per 1/4 quarter of land — unless a special exception is granted.
“My parents presently reside in the older house on that quarter,” Obermier told the county board members. “I wish to build a new house about 500-1,000 feet east of theirs. The ground was homesteaded, it’s been in the family over 125 years. I don’t want to build a housing subdivision, or anything like that. I just want to continue having a farmstead there into the future. My folds aren’t old, but they are aging, and we don’t even plan to have two houses on the property later into the future. West of there is low ground and to the east would interrupt the rotation of a pivot. So we’re asking to be able to build it where we’ve indicated.”
“This is a situation where I think there ought to be a way for an exception,” said Commissioner Gus Brown. “We could connect conditions to the exception, to make it possible — maybe that the other house can’t be sold off or that the property can’t be divided.”
Commissioner Ken Stuhr made a motion to immediately allow the exception, but then was informed that it was not on the agenda to act at that time — only for the public hearing to be held with a decision in two weeks.
“Then I make a motion that we add it to the agenda, that we amend the agenda to allow us to do it,” Stuhr said. “This has been going on since May, this could have been taken care of. We don’t need to treat our people out in the county like this.”
“I’m with you,” Brown said.
Neither indicated as to “how the county’s treating the people out in the county.”
“I move we amend the agenda to act on it,” Stuhr said.
“And I have a letter in support of this exception,” Brown said.
York County Zoning Administrator Orval Stahr said he had no problem with the special exception.
Upon legal counsel, it was decided that the matter should be extended two weeks, in order to adhere to the published agenda and the protocol that is followed regarding public hearings.
“But I don’t even believe that you need a special exception to build your house,” Stuhr said to Obermier. “I believe you only need to sign a waiver, noting you are near a feed yard. I think that according to our guidelines, I think this is perfectly legal. There is no reason this board won’t allow the house — it’s a no-brainer. I apologize, Jeff (Obermier), this should have been settled two months ago. Do whatever you need to do to get this started. There is no problem with this, there is no opposition to this whatsoever.”
It remained unclear as to what’s held up the process “over the past two months,” as Stuhr indicated. All the county board members said they intend to make a final decision at their next meeting, which is scheduled for next Tuesday.