Planning Commission
Regular MeetingClearwater, KS · January 2, 2024
Minutes
City of Clearwater, Kansas
Sedgwick County
Planning Commission - MINUTES
January 2, 2024
Clearwater City Hall
129 E. Ross Avenue Clearwater, KS 67026
1. Call meeting to order.
Lyle Berntsen called the meeting to order at 6:32 p.m.
2. Roll Call
Deputy City Clerk called the roll to confirm the presence of a quorum. The following members were
present: Lyle Berntsen, Kenny Watson, Michael McBee, J.J. Riggins. John Hurley and Ryan Karrick were
absent.
The following staff member was present:
Courtney Zollinger, City Administrator; Carol Reitberger, Deputy City Clerk, City Attorney Scott Hufford.
Also present: Jay Shackelford, Ryan Shackelford and Bill Johnson
3. Approval of Minutes from December 5, 2023
Motion: McBee moved, Riggins seconded to approve the minutes of the December 5, 2023, as
presented. The motion passed unanimously. 4-0
4. Other Business
Zollinger stated the Subdivision Regulation Amendment regarding street light placement was approved
December 12, 2023, at the City Council meeting.
5. Adjournment
With there being no other business, McBee moved, Riggins seconded to adjourn the meeting. Voted
and passed unanimously. 4-0
The meeting was adjourned at 6:33 p.m.
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CERTIFICATE
State of Kansas }
County of Sedgwick }
City of Clearwater }
I hereby certify that the foregoing is a true and correct copy of the approved minutes of the January 2,
2024, Board of Zoning Appeals Board.
Given under my hand and official seal of the City of Clearwater, Kansas, this 6th day of February 2024.
________________________________________
Carol Reitberger, Deputy City Clerk, Secretary
________________________________________
Lyle Berntsen, Chairperson
Page 2 of 5
City of Clearwater, Kansas
Sedgwick County
Board of Zoning Appeals - MINUTES
January 2, 2024
Clearwater City Hall
129 Ross Avenue Clearwater, KS 67026
1. Call meeting to order
Lyle Berntsen called the meeting to order at 6:33 p.m.
2. Roll Call
Deputy City Clerk called the roll to confirm the presence of a quorum. The following members were
present: Lyle Berntsen, Kenny Watson, Michael McBee and J.J. Riggins.
The following staff member was present:
Courtney Zollinger, City Administrator; Carol Reitberger, Deputy City Clerk, City Attorney Scott Hufford.
3. Approval of Minutes from December 5, 2023
Motion: McBee moved, Riggins seconded to approve the minutes of the December 5, 2023, as
presented. The motion passed unanimously. 4-0
4. Hearing – 116 S. Tracy – Reduction in rear setback
Berntsen opened the hearing at 6:34 p.m.
A variance was approved earlier in 2023 to reduce the front setbacks from 25’ to 0’ for this new
addition. The setbacks were also amended at the time for another new build (126 S. Tracy) to reduce
the front and rear setbacks to 0’ and to amend all setbacks for existing Shackelford Machine buildings to
front and rear setbacks 0”.
The rear setback did not need to be reduced for the new southern buildings purpose. However, during
the design phase the size of the building needed to be adjusted due to rooflines and proper runoff for
the alley, the back of the new building will now be the same distance from the alley as the existing
building to the north (10’ from property line).
The front and rear setback for existing Shackelford buildings was set to 0’.
The request for this building would be to reduce the rear setback from 25’ to 0’ to match the other
Shackelford Machine buildings.
Ryan Shackelford stated that making these changes will allow for one roof line. The parking lot at the
back of the building will go from 9 spots down to 4 spots which will help the drainage in the alleyway.
The Board had no further questions or comments.
Berntsen closed the hearing at 6:40 p.m.
The Board deliberated and discussed the uniqueness, adjacent property, hardship, public interest and
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general spirit of the requested variances and was supported.
The Reduction in rear setback for the Shackelford Machine was approved 4-0.
5. Discussion – 226 W. Ross - Zoning
Zollinger confirmed with Shaun Weaver that there is no construction, manufacturing or warehousing
taking place on this site. It is very much an office environment that does have personal use storage in
the main building, but no warehousing services. Weaver also leases office space to a third party that
does life and health insurance at this location.
McBee stated he is not in favor of re-zoning the property. It is still C-1 for whoever owns the property,
but a special use permit will allow Weaver to continue his business. The special use permit goes away
when and if Weaver sells the property.
Berntsen stated he is not in favor of re-zoning the property either. The special use permit is for Weaver
company only.
This will be the first special use permit in the City of Clearwater. It will only need to be addressed if
something changes, complaints or concerns from others or if Weaver sells or the property changes
owners. Ideally, it should be checked on regularly.
The proceedings for this special use permit will begin and should be before the Board of Zoning Appeals
at the March 5, 2024, meeting.
6. Other Business
Zollinger stated that the next meeting is scheduled for February 6, 2024, but nothing so far for agenda.
Deadline to submit is January 16, 2024.
7. Adjournment
With there being no other business, Riggins moved, McBee seconded to adjourn the meeting. Voted
and passed unanimously. 4-0
The meeting was adjourned at 6:56 p.m.
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CERTIFICATE
State of Kansas }
County of Sedgwick }
City of Clearwater }
I hereby certify that the foregoing is a true and correct copy of the approved minutes of the January 4,
2024, Board of Zoning Appeals Board.
Given under my hand and official seal of the City of Clearwater, Kansas, this 6th day of February 2024.
________________________________________
Carol Reitberger, Deputy City Clerk, Secretary
________________________________________
Lyle Berntsen, Chairperson
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