Douglas County mandates residential permit for Kobach's barn

Secretary of State Kris Kobach authorized interior construction work on a building he owns in rural Douglas County that code enforcement officials determined was forbidden because of the lack of proper permits, officials said Tuesday.

The wood-and-metal structure on 159 acres was erected after Kobach signed an affidavit in June 2013 declaring the building was designed for agriculture purposes, including storage of a tractor, implements, seed, fertilizer and tools. A portion of the building would serve as a farm office, which might include a restroom if water service was obtained.

The project attracted attention of county inspectors in April, when an electrical inspection revealed interior framing for bedrooms, kitchen facilities and a bathroom, as well as installation of an air conditioning unit.

Jim Sherman, director of zoning and code enforcement for Douglas County, said the field inspector red-flagged the inspection because that work exceeded boundaries of an agricultural use permit.

"He told Kris agriculture means agriculture. Nothing habitable," Sherman said.

Kobach said he was surprised to learn the county objected to framing half of the 60-foot by 42-foot building so that it could be more comfortably occupied. He said he operated on advice from Morton Buildings, which put up the metal-clad building last fall, that the agriculture use permit would be sufficient.

"I proceeded on what Morton Buildings recommended," Kobach said. "I went with what Morton told me. Douglas County looked at it and said it looks more like a residence."

The county affidavit signed by Kobach a year ago said in bold text the structure couldn't be a "place of human habitation."

Jean Schodorf, a Wichita Democrat running for secretary of state, said Kobach should hold himself accountable for accuracy of documents related to the project.

"Any citizen has to follow the regulations," Schodorf said. "That means the secretary of state, too, in any kind of transaction. You have to tell the truth."

Kobach, a Piper resident, is seeking re-election in an August primary, which includes GOP candidate Scott Morgan, of Lawrence.

Kobach won't be cited by the county unless he declines to complete his pending application, submitted in May, for a residential building permit, Sherman said. He indicated perhaps six to eight projects annually in Douglas County ran into similar problems because work advanced past limits of an agricultural permit.

"It happens. Not frequent," Sherman said.

In addition to the building permit, Kobach was required to secure approval from county health department officials regarding creation of a plan for water supply and sewer management suitable for the residence.

Sherman said the structure would be taxed by the county as a home rather than a farm building.

The property in Lecompton Township between Topeka and Lawrence is a combination of wooded acreage and crop fields. Soybeans and wheat have been planted on the land and a modest orchard installed, Kobach said.