Board of Zoning Appeals grants series of variances and a vacation; resolutions to follow

ANDOVER, Kan. — The Andover Board of Zoning Appeals on Nov. 4 granted multiple variances and a plat vacation connected to earlier approvals. The board voted to authorize the chair to sign resolutions for each granted variance; staff will prepare final resolutions within 45 days and appeal rights to district court were noted.

Vacation tied to earlier variance (case ZV‑25‑0002) The city brought a request to vacate a platted portion of a front‑yard building setback that was placed on the plat in an earlier development document. Staff explained the vacation is necessary to allow use of a variance the board approved earlier in August for a building addition that encroaches into that setback. Staff advised no utilities are known to be in the area to be vacated, no dedications would be required, and no private or public rights would be injured by the vacation. The board recommended approval and will forward a recommendation to the governing body.

Fence height variance — Summerlin PUD (case BZAV25‑0013) The board considered a request from the Summerlin PUD to allow a masonry perimeter wall to reach up to 8 feet above the adjacent ground in limited places where a concrete footing and grading expose additional height. Applicant Nick Lombardi said the masonry wall sits on a concrete footing and was designed to preserve overland drainage; the footing and the existing grading produce spots where the top of the wall would measure more than 6 feet above the adjacent ground. Staff said holes have been provided at the base of the wall to allow stormwater to pass and that the wall would not be 8 feet in all locations. The board received two written comments (including from residents Andrew and Casey Lazar and from a Mr. Mead across the street) expressing concern about whether the wall was constructed consistent with regulations. After deliberation the board voted to authorize the chair to sign a resolution granting the variance; the board found the request met the local variance standards tied to practical difficulty caused by topography and drainage.

Accessory garage and shed variances (cases BZAV25‑0011, BZAV25‑0014, BZAV25‑0015) The board granted a rear‑setback variance for a proposed 1,260‑square‑foot accessory garage at 321 Perth Avenue (applicant Matthew Gunitsky). Staff noted the lot is substantially larger than the minimum for the zoning district and that existing trees would screen the building; one written comment from a nearby resident, Martha McEachern, contested the reduced 10‑foot setback, saying it was too close to her property line, though her lot is not adjacent to the subject property. The board found the variance met the five statutory criteria and authorized the chair to sign the resolution.

The board also granted variances allowing a small accessory shed at 6619 South Bend Field Drive (applicant; address provided in the record) and a larger detached accessory building/pole‑barn at 1340 La Verne (applicant Darren Morris). Staff and applicants explained odd lot shapes, adjacency to the interstate right of way, and existing slabs or grading informed the requests; the board found that the unique site conditions and attempts to preserve existing trees or drainage satisfied the variance standards.

Procedural notes and appeals For each granted variance the board instructed staff to prepare a resolution; those resolutions will be made available within 45 days. Staff and the chair reminded applicants that an aggrieved person may appeal a resolution to district court to review reasonableness; statutes cited in the hearing included KSA 12‑759(e) and the board referenced local zoning regulation subsections governing variances.

Ending: The board approved all requested variances and the city‑initiated vacation; written resolutions will be issued and each may be appealed to district court within the statutory 30‑day window.