By GAYLE WEBER

gweber@dailynews.net

A board of zoning appeals for Ellis County could be formed next week after County Counselor Bill Jeter clarified how the board would function Monday.

The Ellis County Joint Planning Commission has served as the zoning appeals board since its inception, but a 2008 attorney general's opinion said the planning commission has too many members to also serve as the zoning appeals board.

"It needs to be between three and seven (members), and one of those probably needs to be an appointment from the city of Schoenchen," Jeter said.

The board of zoning appeals never has had any business to conduct, so no decisions have been made that could be considered invalid.

Jeter said duties of the board of zoning appeals would include hearing variances from zoning regulations, issues concerning setbacks and disagreements with building administrators.

"The primary function of the board of zoning appeals is to hear appeals from administrative decisions," Jeter said.

The main difference between it and the planning commission is decisions from the zoning appeals board would go directly to district court, not the county commission for approval.

Ellis County Commissioner Glenn Diehl suggested bringing names and ideas for the makeup of the board to next week's meeting.

The county zoning regulations would need to be changed, according to Jeter, to reflect the change to a separate board of zoning appeals.

Jeter also addressed other legal issues the commission has faced in recent weeks.

RCC Atlantic has re-filed an application for a conditional-use permit for a cellular tower near Victoria. The county conceded a lawsuit in November because proper procedures according to county zoning regulations were not followed in the issuance of the permit.

The planning commission will have a public hearing for the new application Feb. 25.

"At this point in time, any decision regarding that application needs to come from the planning commission," Jeter said.

Rose Ann Dreiling suggested to commissioners on Feb. 2 that RCC Atlantic would have to comply with a one-year moratorium when re-applying. Zoning regulations state that if an application is denied by the county commission or the applicants withdraw it, the applicant must wait one year or apply for a waiver in order to file a new application.

"It wasn't denied, and it was not withdrawn by the applicant. Therefore, I don't think a one-year moratorium applies," Jeter said.

Jeter also suggested forming a committee to look at space needs that would report back to the Public Building Commission.

Commissioners had wanted to appoint new members to the PBC, but Jeter said a committee would better serve their purposes.

In other business:

* A few counties in Kansas have implemented a burn ban due to dry conditions, but Ellis County is not one of them.

Instead, Rural Fire Chief Dick Klaus keeps a close eye on daily weather conditions to determine if anyone should be allowed to have a controlled burn.

"The little moisture we got (Monday) isn't going to help anything," Klaus said.

Klaus said if a wind advisory is in the forecast, he usually notifies dispatch that controlled burns are not allowed.

* Dana Kraus and Taylor Bemis, leaseholders in Hays Wind LLC's proposed project southwest of Hays, made presentations to the board.

Kraus requested a compromise be made on regulating wind in the county's zoning regulations.

He suggested requiring 2,000-foot setbacks from wind turbines; implementing the World Health Organization's guidelines for good sleeping conditions; requiring negotiations between the wind developer and the county for road improvements; and requiring decommissioning bonds with the county.

Commissioners suggested Kraus take his request to the planning commission while they still are working on changes to the zoning regulations.

Bemis requested a moratorium, much discussed by the commission in recent weeks, not be implemented because it could impede the progress of four wind projects already in the works.

* Commissioners spent 55 minutes in executive session with Counselor Dennis Davidson regarding attorney-client privilege.

* Ellis County 4-H and youth extension agent Susan Schlichting updated the board on 4-H activities.

* Commissioners signed a noxious weed management plan and eradication progress report.

* Public Works Administrator Mike Graf gave an update on the solid waste fund.