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Leawood BZA grants rear-yard setback variance for Ensley Lane deck replacement
Summary
The Board approved a variance allowing replacement and slight relocation of a nonconforming deck at 12614 Ensley Lane to meet modern footing requirements while achieving a 10-foot setback from the rear property line.
The Leawood Board of Zoning Appeals voted unanimously Sept. 24 to grant a variance that will allow a homeowner at 12614 Ensley Lane to replace a nonconforming deck and reposition it so the new deck will be at least 10 feet from the rear property line.
The applicant, Jacob Conklin, told the board the lot is irregularly shaped and the existing deck is in disrepair and constitutes a safety hazard. He said the house and current deck are about 9 feet from the property line; the proposal shifts the deck roughly 16 to 18 inches and increases its width so the new footprint will meet the requested 10-foot setback on both sides.
A board member summarized the five variance factors the panel must apply and led discussion. Board members said the lot’s irregular shape met the uniqueness test, that replacing a deteriorated deck constituted hardship in favor of relief, and that the proposal would not adversely affect public safety or the spirit and intent of the Leawood Development Ordinance. The board moved to approve and voted 6-0. The city will notify the applicant in writing.
Why it matters: The variance allows the homeowner to bring the deck up to modern footing and code standards while reducing a nonconforming condition on an unusually configured lot.
