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Leawood Board of Zoning Appeals approves multiple residential variances and exceptions, denies several requests
Summary
The Leawood Board of Zoning Appeals on its November agenda approved a series of variances and exceptions for residential properties — including a generator placement, a pool cabana and related fire pit — denied at least two setback/height requests and continued one breezeway variance for redesign.
The Leawood Board of Zoning Appeals on [the board's November meeting] approved several residential variances and exceptions, denied two requests and continued another after public presentations and deliberation.
The board approved a variance to allow an attached accessory structure that increases the allowed square footage at 2918 West 92nd Place (case 61). It also approved an exception for a teardown/rebuild at 2906 West 90 Second Place (case 55), a variance for placing a permanently installed generator at 8017 Meadow Lane (case 56), a rear-yard setback variance for a pool cabana at 14108 Windsor Drive (case 58) and a separate variance for an outdoor fire pit at the same Windsor Drive address (case 59). The board approved an application to place a 4-foot metal fence on the build line at 8324 Meadow Lane (case 64) and granted an exception for an addition at 10314 Manor Road (case 60).
Applicants presented site plans and testified at the hearing. Linda Sainer, the Meadow Lane homeowner who sought the generator variance, said the proposed location "is the least obtrusive in our entire yard" and that the cul-de-sac lot shape limited placement options. Similarly, homeowners at 14108 Windsor Drive said the deep lot and a 75-foot front-yard setback left them needing to place pool-related structures farther back than is typical; the board found the lot’s depth and safety concerns for small children met the variance criteria.
Not every request was granted. The board denied a requested 2-foot height variance for an attached garage at 2918 West 92nd Place (case 62), with at least one member saying the LDO’s purpose is to keep accessory structures subordinate to primary dwellings and that the applicant’s rationale did not meet the hardship standard. A separate side-setback variance for a proposed home at 2819 West 89th Street (case 65) was denied after a letter of opposition and discussion about whether the applicant had shown the required uniqueness and hardship.
One related request from the same West 92nd Place applicant — a variance reducing a required 10-foot breezeway to a 7.5-foot connection — drew procedural confusion about whether the rule governs breezeway width or distance between structures. The applicant requested a continuance to redesign, and the board granted it.
Board members said they relied on the Leawood Development Ordinance (LDO) provisions cited in staff reports when testing each request against the five legal criteria: uniqueness, rights of adjacent property owners, hardship, public safety/general welfare and spirit and intent of the ordinance. Staff said interested neighbors were mailed notices for each case and reported few calls or written oppositions for most items; where letters or comments were filed, the board considered them during deliberations.
The board closed the meeting after completing the agenda and said written notices of outcomes will be sent to applicants.
