Case Info & Legal TeamThe Tangens would like to finish a small portion of the barn behind their house so they can prepare and package foods, such as produce, eggs, and bread, both for sale at the farmers’ markets and for personal consumption.
But Miami County officials are prohibiting the Tangens from finishing out their own barn. Miami County officials believe that installing sinks and a few appliances would automatically turn the Tangens’ barn into a second dwelling in a single-family zoning district. Miami County’s “one kitchen” rule is not based on the zoning code, but on unwritten rules.
Miami County creates further problems with an unwritten exception to the unwritten prohibition of second kitchens by distinguishing them from wet bars, which the County allows. Under Miami County’s code a wet bar may only be used for “preparing and serving drinks and snacks,” so it would be acceptable to microwave frozen mozzarella sticks—because it is a snack—but would be a crime to microwave a Stauffer’s lasagna—because it is a meal. Miami County’s rule also irrationally prohibits appliances like coffee makers, popcorn machines, or margarita machines, which are intended only for the preparation of drinks and snacks.
“The Tangens simply want to use their own barn to prepare food for a local farmers’ market,” said Sam MacRoberts, Litigation Director at the Kansas Justice Institute. “Treating a small, functional kitchen as if it creates a second home is irrational and stretches the law beyond what the zoning code actually allows.”
But under the Kansas Constitution, private property is a fundamental and inalienable constitutional right, and government may not simply declare a kitchen to be a house. Not everyone who builds a second kitchen simply wants to rent it out as an additional dwelling unit. Some, like the Tangens, want a second kitchen to operate a lawful home business. Others may have religious dietary restrictions or food allergies that require food to be prepared separately. Hobbyists may desire a second kitchen for activities such as baking, canning, brewing, or beekeeping. And others may want a second kitchen to work in while keeping the main kitchen clean while entertaining guests.
“The Kansas Constitution protects the right of people to use their private property without arbitrary interference,” said MacRoberts. “When local officials rely on unwritten rules to prohibit ordinary uses, like adding a small kitchen to a barn, that raises serious concerns about the limits of government authority.”
Ultimately, it does not matter why a property owner may want a second kitchen. A second kitchen is not a danger or a nuisance to anyone, and it does not in any way detract from the character of a single-family zoning district. Miami County may not simply presume that the only reason for building a second kitchen is to circumvent the zoning code’s single-family zoning rules.
