BZA approves Poindexter Drive variance to allow outdoor storage above 25% for landscaping contractor (3–2)

The Lawrence Board of Zoning Appeals narrowly approved a petition on Dec. 16 to let a landscaping contractor use outside storage space on Lot 5 at Poindexter Drive in excess of the ordinance limit of 25% of building square footage. The board voted 3–2 to grant the variance after hearing testimony about the industrial character of the area, screening that has been installed, and operational constraints for contractors.

Attorney Joe Calderon, representing BGP Development LLC and tenant Turner Scapes, said the company built an 11,000-square-foot facility and that limiting outside storage to less than 3,000 square feet (25% of the building) imposes a practical difficulty for a landscaping-contractor business. "To limit a contractor with an 11,000-square-foot building to less than 3,000 square feet of outside storage presents a practical difficulty," Calderon told the board, and he offered commitments to maintain berming, landscaping and fencing shown on the site plan.

City staff and the petitioner agreed the development plan approved in February 2024 included compacted-gravel storage and that staff did not realize at the time that the 25% storage rule and the 500-foot protected-district proximity would require a separate variance. Renee, the city’s public-works director, told the board the site has a 10-foot berm and mature trees that provide substantial screening and that similar outdoor storage exists on surrounding lots in the industrial park; staff recommended approval with conditions.

Opponents and residents raised concerns about night lighting, truck beeping and potential nuisance effects from equipment and deliveries. "There’s a lot of light that is associated with these kinds of storage facilities at night, and they're LED and they're extremely bright," said James Missouri, a neighbor who spoke during public comment, urging the board to require mitigation measures.

Board members debated whether to continue the case to obtain precise square-foot figures for proposed storage and whether conditions should be specific to the current tenant. One member moved to continue to collect exact numbers but that motion lacked a second. After discussion the board voted 3–2 to grant the variance; the chair announced the vote was 2 to deny and 3 to grant, and the petition was approved.

The approval is limited to Lot 5 as presented and the board discussed options to impose tenant- or condition-specific limits and to require enforcement steps (landscaping maintenance, screening, dumpster enclosures and lighting shields). The petitioner offered to return with exact square-foot calculations if the board wanted more detail.