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Leawood BZA denies variance for fireplace built inside approved setback at 12609 Norwood Road
Summary
The Leawood Board of Zoning Appeals denied a variance request for an outdoor fireplace that was constructed closer to the rear property line than a 2023 approval allowed; applicant said the structure was built without a permit and the interim fire marshal no longer objects.
The Leawood Board of Zoning Appeals on June 25, 2025 denied a request from Mary Ellen Walton to keep an outdoor fireplace that was constructed about 7 feet from the rear property line at 12609 Norwood Road. The board concluded the application failed the hardship criterion required for a variance under the Leawood Development Ordinance.
The fireplace was built after the board granted a revised approval in September 2023 to place the structure 12 feet from the rear property line. Walton told the board she and her contractor understood the permit had been granted after the 2023 hearing but later learned no building permit had been pulled before construction. "We left here thinking, end of story," Walton said, describing a series of permit and survey communications she said left the homeowner confused.
City staff reported the lot has a 15-foot rear-yard setback, which meant a variance of 8 feet would be needed to keep the fireplace at the constructed location. Staff also said an interim Leawood fire marshal reviewed the case and told staff he had no issue with the fireplace if it is at least 10 feet from combustible materials; he did not treat trees as combustible in his informal review. Staff noted the original 2023 file included a fire marshal concern that led the board to approve a 12-foot setback at that time.
Board members walked through the required five variance criteria. The panel found the lot’s irregular shape met the uniqueness test and received letters of support from nearby property owners, including an email from an adjacent neighbor, Joe Sullivan, which was entered into the record. However the board concluded the applicant had not established the hardship criterion. One board member said the 2023 letter from staff clearly authorized construction at 12 feet and that the homeowner should have ensured the contractor followed that approval.
After deliberation, a board member moved to deny the variance; the motion carried. Staff told Walton she would be contacted about next steps.
The board’s decision means the homeowner will need to work with city staff on compliance or removal options, according to the board’s closing remarks.
