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Leawood Board approves fence and deck variances, denies two large house exceptions after neighborhood opposition
Summary
The Board of Zoning Appeals granted four variances for fences and covered decks but denied two exception requests for teardown/rebuild homes in Old Leawood after residents said the proposed homes would be out of scale with the neighborhood and threaten mature trees.
The Leawood Board of Zoning Appeals met Oct. 22 and approved several property variances while denying two exception requests for substantially larger teardown‑rebuild homes in Old Leawood.
Board action: the board approved a fence-height exception for a West 95th Street property and variances for fence placement and covered decks at El Monte Street, Howe Drive and Cherokee Lane. Those cases were approved after staff reported the proposals and applicants addressed the board’s five variance criteria. In contrast, two exception requests seeking to exceed the locality’s maximum allowable square footage for rebuilds on Ensley Lane and Belinda Road were denied following extensive neighbor comment.
What the board voted on and the results - Case 46-20253100 (West 95th Street): request for a 6‑foot fence along the west property line adjoining an existing 6‑foot fence. Applicant Chris Richards said the fence is needed primarily for privacy and to contain neighbor dogs. A motion to approve carried by voice vote; staff reported no public concerns.
- Case 50-2025 (13120 El Monte Street): variance for fence placement on a corner lot so applicants could match an adjacent approved fence for safety near 132nd Street. Applicant Jana Mickey said it was requested "for the safety of our kiddos and our dogs." The board approved the variance by voice vote.
- Case 51-202514601 (1461 Howe Drive): variance for a covered deck to be rebuilt in the same footprint; applicant Mark Stuckel said the existing uncovered deck is legal nonconforming and covering it without reducing usable space would be a hardship. The board approved the variance by voice vote.
- Case 52-202512709 (12709 Cherokee Lane): variance to allow a slightly larger covered deck on an irregular lot; applicant Eric McCarthy cited a small, wet backyard and need for year‑round outdoor space for his young children. The board approved the variance by voice vote.
- Case 53-20258721 (Ensley Lane): exception to the maximum allowable square footage for a proposed teardown/rebuild that would total 5,314 sq ft (778 sq ft over the 4,536 sq ft limit; under the 20% threshold for an exception). Neighbors raised repeated concerns about loss of trees and whether the proposed size "reflect[ed] the character of the surrounding dwellings," and the board voted to deny the exception.
- Case 54-2025 (8421 Belinda Road): a similar exception request for a 5,088 sq ft rebuild where the LDO maximum is 4,248 sq ft (an 840 sq ft exception request). After public comment raising the same character and tree‑canopy concerns, the board denied the exception.
Why it matters: The approvals reflect the board’s application of the five variance criteria (uniqueness, adjacent rights, hardship, public safety/general welfare, and spirit/intent). The denials show the board was persuaded by residents’ arguments that large rebuilds in parts of Old Leawood would not reflect the immediate neighborhood’s character.
What happens next: The board’s decisions will be issued in writing to applicants and interested parties; applicants may revise plans or pursue alternate permits within the limits of the city ordinance. The board adjourned at the end of the meeting.
