The Leawood Board of Zoning Appeals on Dec. 17 denied a request to exceed the city's maximum allowed grade change for a proposed terrace at 67 (High Drive case 67-20259247). The motion to deny was carried after the board found one of the five variance criteria unmet.

Staff told the board the teardown-and-rebuild permit filed for the property proposed a terrace that would necessitate a maximum grade change of 4.27 feet; the applicant said a variance of 3.27 feet was needed to construct the terrace as drawn. Architect Tim Hochschild of NSPJ Architects told the board the terrace would allow the homeowners 'a retired couple' to avoid multiple steps and create one-level, accessible living that matches the porch elevation. He also said a drainage study had been completed and submitted with the building permit.

Neighbor Cindy Barnhill, who lives immediately south of the property, raised concerns about runoff, saying she has lived on the street for 39 years and does not want the change to increase water flowing onto adjacent yards. Board members noted the city ordinance requires an applicant to demonstrate proposed grade changes will not increase runoff to neighboring properties and that Public Works reviews the stormwater study as part of permit approval.

During deliberations the board walked through the five required variance criteria'uniqueness, rights of adjacent property owners, hardship, public safety and general welfare, and spirit and intent. Board members voted the hardship criterion had not been met, which led the chair to accept a motion to deny the variance request. The motion to deny (moved from the dais and seconded) carried by voice vote; the chair said the applicant will be notified by staff.

The denial preserves the existing grade requirement at the High Drive property; staff reiterated that any future permit will still need an approved stormwater study to demonstrate compliance with Leawood stormwater standards. The board did not adopt any alternate conditions at the meeting.

The BZA will file written notification of the decision to the applicant.