Leawood BZA rescinds prior denial, approves pool-grade variance at 8551 High Drive

The Leawood Board of Zoning Appeals on May 28 voted to rescind a March denial and then approved a variance allowing a retaining wall and grade change to construct a backyard pool at 8551 High Drive.

The board rescinded its earlier denial after city staff reported new information showing that the city-stamped, approved building plans included pool infrastructure and foundation elements that had been installed. After reopening the case, the board voted that the application met all five variance criteria and approved a variance that permits a 4.2-foot maximum retaining wall associated with the proposed pool, a 3.2-foot variance from the tear-down/rebuild grade-change limit.

Travis, a city plans examiner, told the board staff had not been aware at the March hearing that the approved building plans depicted pool infrastructure. "The plans that got approved did show some of the infrastructure for the pool," Travis said. He said it is not unusual for stormwater review to require showing all impervious elements on plans, but that the department normally marks unapproved pools with an X and separates pool permits from house permits. "We didn't do that in this case," he said, which staff now views as material new information that could affect the hardship analysis.

Applicants Brad Lawing and Chelsea Lawing said the pool is part of a tear-down/rebuild project and described construction sequencing and neighborhood impacts as part of the hardship claim. Brad Lawing said he solicited neighbor support and told the board he had signatures from "8 of, I think, 15 adjoining neighbors" acknowledging that a single-construction schedule would reduce prolonged disturbance for neighbors.

Board members discussed the hardship factor at length. One member said the issue was primarily "a matter of timing," noting that if the work had not been part of a teardown/rebuild it would not have required a variance. Another member said it would be unfair to deny hardship given that the city had approved plans showing the foundation and the contractor had relied on those plans while constructing some infrastructure.

The board first voted to rescind its prior denial (majority vote required) and then reopened the case to consider all five variance criteria anew. Members voted in the affirmative on uniqueness of property, rights of adjacent property owners, hardship, public safety and general welfare, and the spirit and intent of the Land Development Ordinance (LDO). Following those affirmative votes, the board moved to approve the variance request. The chairman said applicants will be notified in writing.

Staff emphasized that, irrespective of the variance, any grade changes and related work must meet the city's stormwater requirements before final approvals or permits will be granted.

Clarifying details from the hearing: the approved building plans shown to the board were city-stamped and included pool-elevation and foundation details; the variance approved allows a retaining wall up to 4.2 feet, a variance of 3.2 feet from the LDO limit for tear-down/rebuild grading; the property address is 8551 High Drive; the prior denial occurred at the March 2025 BZA hearing.