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Board OKs fence variance for corner lot at 13120 El Monte Street
Summary
The BZA granted a variance allowing a 4-foot steel fence to be placed 16 feet from the side property line at 13120 El Monte Street after members found the lot’s shallow depth created hardship and uniqueness.
The Leawood Board of Zoning Appeals approved a variance Oct. 22 allowing a 4-foot steel fence at 13120 El Monte Street to be placed 16 feet from the side property line on a corner lot.
Planning staff told the board the property is a corner lot with a 30-foot side yard build line; the applicant requested a variance of roughly 14 feet to match an adjacent neighbor’s fence and enhance safety along the busy frontage. Staff explained corner lots frequently raise unique issues for fence placement.
Applicant Jana Mickey, 13120 El Monte Street, said the lot is shallow and long and that moving the fence back to the 30-foot build line would effectively cut usable backyard space in half. "It's a pretty busy road, and just for the safety of our kiddos and our dogs, to install a fence," Mickey told the board, adding that her neighbors at 13153 had received approval for a matching fence and she had Harco remeasure to line up with the neighboring fence.
Board members reviewed the five variance criteria required under the LDO, focusing discussion on uniqueness and hardship. The board found that the lot’s shallow shape and the safety concerns posed by nearby traffic constituted sufficient hardship and uniqueness to meet the standard.
A motion to approve Case 50-2025, 13120 El Monte Street, a request for a variance for placement of a fence in the side setback under LDO section 16-4-9.3 in an R-1 district, carried on a voice vote; the chair announced the motion passed. The applicant will be notified in writing.
The record notes the applicant intends to match the neighboring fence and that the variance is sought to maintain usable backyard space while improving safety along the adjacent busy street.
