This April 24, 2014 photo from a Douglas County inspection report shows the north side of a building constructed on land owned by Kris Kobach.

Douglas County Commissioners on Wednesday opted not to change a building code that requires a person who begins constructing a home without a permit to pay a mandatory penalty.

That penalty became an issue recently when it was revealed that the county did not require Secretary of State Kris Kobach to pay a penalty after he began to build a residence in a building previously classified for agricultural use only.

Commissioners Mike Gaughan and Nancy Thellman said they would like to see an independent, third-party review of the Kobach case. Commission Chairman Jim Flory tabled that discussion until a later, unspecified date.

More than a dozen people spoke at the contentious hearing.

Several people said Kobach received special treatment because he did not have to pay the mandatory penalty, and because he received an occupancy permit for the building without having an approved water source.

But Flory, who stopped the meeting once to have a private talk with the county attorney, told the audience that the county had made a few mistakes, but there was no favoritism.

“The fact is the building inspector worked with (Kobach) just like he would work with anyone,” Flory said. “I’m absolutely, unequivocally convinced of that. I have no allegiance to anyone.”

Flory said he spent an afternoon last week with Sherman going over the Kobach files.

Flory said that even though Kobach in 2013 signed a sworn affidavit stating that the steel barn was for agriculture use only, Kobach had the right to change his mind and construct a residence in the barn.

When a county inspector, Pat Wempe, found that Kobach had the framework inside the barn for a 1,250-square-foot, two-bedroom home with electrical hookups and plumbing for a kitchen, laundry room and bathroom, Flory said the county didn’t have enough evidence to positively say that Kobach was actually building a residence.

In a subsequent visit by Sherman, Wempe’s boss, Sherman explained to Kobach that if he did not abandon the construction of the residence, he would have to get a building permit to continue, Flory said.

“A short time later, Mr. Kobach confirmed he wanted to proceed with having an inhabitable structure,” Flory said.

Kay Pettit, another county inspector who spoke at the hearing, disagreed with Flory, saying there had been favorable treatment. Pettit said she had tried to tell Sherman there were problems with the Kobach case.

“I hope you will finally hear my voice when I say that there are nearly 30 violations of the administrative (code) in the Kobach case,” she said. “There are also several life safety code violations in the house, and there are seven questionable zoning items on the Kobach project. This isn’t just about the fine.”

After Pettit spoke, the audience clapped loudly. Flory halted the meeting and said he needed to talk to the county attorney. When he resumed, he admonished the audience, telling them that no more outbursts would be permitted.

Before Wednesday’s meeting, County Administrator Craig Weinaug had asked the county commission to change the code so that it would be up to the chief building officer to determine whether to fine someone who started to build without a permit. Currently, the mandatory penalty is 100 percent of the cost of the building permit fee.

In Kobach’s case, his home was valued at $70,000 and the permit cost $700. The penalty would have been an additional $700.

In 2013, Kobach told the county’s codes department that he was planning to build a 2,250 square-foot steel barn on his 159 acres. Kobach signed an affidavit stating the building would be used only for agricultural purposes and would not be “a place for human habitation,” a place of employment” or “a place used by the public.”

The county gave Kobach an agricultural use designation, which means Kobach didn’t have to meet more stringent residential codes. Ultimately, the owner spends less on construction and pays lower property taxes for an agricultural building than a residence or a business.

But in spring 2014, Wempe found Kobach building a 1,250-square-foot, two-bedroom living space inside the barn. The inspector wrote in his report that he had found numerous violations.

At Weinaug’s direction, Sherman pulled Wempe from the case and took it over.

Sherman later issued Kobach an occupancy permit even though Kobach did not have an approved water source and the plumbing beneath the concrete foundation had not been inspected.

This story has been edited to remove a factual error. Commissioner Jim Flory told a speaker he was close to being out of order, but did not threaten to remove him from the hearing.

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• Douglas County says Kobach was not shown favoritism in building case; failure to be strict on building codes was result of new, unwritten policy
• Commissioners support new building codes policy, say Kobach did not get special treatment; others not so sure
• Appeals board questions Douglas County codes enforcement policy