The fate of a rezoning request and special use permit sought by Larry Marshall to operate an auto salvage yard on his property west of Great Bend now rests with the County Commission. It was the controversial topic of an emotional study session following the commission’s meeting Wednesday morning when the matter was set for the March 2 agenda for final action.
This was the subject of a packed and heated Planning Commission hearing last Tuesday, Feb. 8, when area property owners near the at 514 SW 20 Rd. location were vocal about their disapproval of seeing more junked vehicles and said they fear declines in land values. It was also brought up in an emotional appeal from Marshall at last week’s County Commission meeting, where he said he felt attacked and railroaded.
“There was a lot of participation (at the hearing) by landowners from within 1,000 feet of the property,” Environmental Manager Judy Goreham said Wednesday morning. Owners in that radius were invited to attend last week’s preceding.
“One hundred percent of the feedback was not good. I know there is a lot of animosity,” she said. Nobody wanted the salvage yard near their homes in the rural housing development just south of the Great Bend Municipal Airport.
Larry and Sheree Marshall, doing business as Marshall Towing, are seeking a conditional use permit to use the land as a salvage yard for abandoned vehicles. They are also seeking a rezoning from Residential District to Industrial District to allow them to use the site as an overflow for their towing business.
Goreham said it was the recommendation of the Planning Commission to reject both the zoning request and the special use permit for several reasons. These include the opposition of all the nearby residents, the fact that Marshall had been operating a yard there without proper zoning and permits, and the possibility of the land being sold and used for another industrial purpose.
There was also a large crowd seated in the commission chamber Wednesday, most wanting to express their opposition to the request.
A long-running issue
The issue first came to Goreham’s attention in May of 2018, Since then, she has gone around and around with Marshall until he finally took some steps to clean up, and fenced off a portion of the land.
“It’s been a dance back and forth,” she said. “I know things don’t happen over night. But, I was at a brick wall, I have a bad taste in my mouth over this.”
For his part, Marshall said he understood the frustration.
“No, I haven’t been timely,” he said. But, “I’ve done everything I’ve been asked to do.”
Marshall is one of three tow truck operators in the rotation to haul off crash-damaged vehicles in the county. He has a lot in Great Bend with limited capacity.
He also wants to continue to salvage vehicles. The sale of these parts is a “significant part of my business,” he said.
That is part of the problem, Goreham said. He’s been doing this illegally at the rural property all along.
Running a storage facility for these automobiles is governed by the Kansas Department of Health and Environment to assure toxic chemicals are secure. The scrap business requires a salvage license from the Kansas Department of Transportation.
These both require industrial zoning, which Marshall does not have. If he can get the zoning, Marshall said he’d apply for the necessary licenses from the state.
However, zoning officials and residents are leery of this assurance. The Marshalls purchased the land in 2011 and have placed junked cars there since then.
Officials also fear setting a precedent that could lead to other such requests, Goreham said. Her job is to enforce the zoning regulations approved by the County Commission and such an exception could dent her credibility.
Planning Commission members said salvage yards in general are an issue in the county, especially in rural areas. They don’t want to see these start springing up all over.
Proud homeowners
“We’ve poured our heart and soul into our place. We are proud of it,” said Kristy Scheck, who along with her husband Lloyd live near the property in question. But, “in the background, we have junked vehicles.”
“Put yourselves in our position,” Lloyd said, “Would you want to deal with it?”
Others opposed the change due to the potential contamination of the soil for both residential and agricultural uses, the attraction of vermin, the effect on property values and the possible impact on tourism and historic sites, such as the Santa Fe Trail.
“It’s an eyesore for the county,” one opponent said.
Meeting in the middle
However, commissioners were keen to seek a compromise.
“Everybody gave a compelling argument on both sides,” said District 1 Commissioner Kirby Krier.
“It’s not an easy situation,” said District 2 Commissioner Barb Esfeld. She thanked Goreham and the Planning Commission for their work, and Marshall and the residents for being willing to speak.
Marshall was asked if he could contain his operation to the portion of his land already fenced and not run a scrap business. “Could you live with that?” Krier said.
“I would do what I have to do,” Marshall said. “It would take away a lot of money from it” and might threaten his livelihood.
The Marshalls have a residence at the site. If rezoned industrial, no residential use would be allowed.
The county valued his service as a tow truck operator. And, nobody wanted to put him out of business.
Another option discussed was having the county establish an impound yard that all the truck operators could use. There is also the possibility the industrial zoning could be made conditional so it would not remain in place should the land be sold, but that is difficult.
When these requests appear on the agenda, the commission can uphold the Planning Commission recommendation or overrule it, but that would take a super majority (four of the five commissioners voting for it). They could also send it back to the Planning Commission, but that would take a super majority as well.
