BZA denies exception for larger rebuild at 8421 Belinda Road after neighbors raise scale and tree-loss concerns

Leawood’s Board of Zoning Appeals on Oct. 22 denied a request for an exception that would have permitted a teardown/rebuild at 8421 Belinda Road to exceed the lot’s maximum allowable square footage by 840 square feet.

Staff reported the proposed home would total about 5,088 square feet while the ordinance maximum for the lot is 4,248 square feet; because the requested increase is under 20% the application was processed as an exception under LDO section 16-2-5.3. The applicant’s representative said the additional square footage includes a larger garage and covered patio and that the living area would be roughly 4,300 square feet.

Architect Weston and representative Eric Robinson presented elevations, a second-floor plan, and a roof plan. Robinson said the calculation of square footage included garage and covered patio areas; Weston said architectural details were intended to reflect neighborhood character and that the proposed house’s living area was not as large as some neighbors feared.

Multiple neighbors testified in opposition. Amy Nachtigal, 8425 Belinda Road, said she has a 3,800-square-foot home on a 0.36-acre lot with a three-car garage and covered patio and urged the board to enforce the ordinance limits. Jay Denfeld and Julia Dunfield said the neighborhood is part of Historic District 2 and argued that allowing repeated exceptions would erode the district’s character and tree canopy. Neighbors also raised concerns about an existing concrete slab adjacent to the property line that could enable parking next to bedrooms and about removal of three mature trees shown on plans.

Board members focused discussion on the two-part exception standard under the LDO: the requested additional square footage must be under 20% of the maximum, and the proposed rebuild must "reflect the character of the other surrounding dwellings in the neighborhood." Several members said they were persuaded by neighbor testimony that the proposed home would not reflect the character of surrounding properties on that particular lot pattern. A motion to deny the exception passed on a voice vote; the chair announced the motion had passed. Staff will notify the applicant in writing.

Record details: the lot area is 16,636 square feet; staff and board discussed neighboring lot sizes and the applicant reported green-space coverage and site layout. The record shows the board considered both the numerical threshold and the character test and found the proposal did not meet the latter.