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Clay County BZA denies variance for large accessory building on split-jurisdiction parcel
Summary
The Clay County Board of Zoning Adjustment denied a variance request (Case PZ26-104-A) for an accessory building that would have been roughly 4,200 sq ft larger than the primary house; commissioners said the board must follow the code and avoid creating precedent despite the applicant citing topography and interjurisdictional permitting difficulties.
The Clay County Board of Zoning Adjustment voted to deny a variance request for a proposed accessory building on a parcel split between Kansas City and unincorporated Clay County. The denial, on a voice roll call of the three members present, came after the applicant and staff described site constraints and competing compliance options.
Chair Scott Wagner opened the meeting and, after staff presented the case, Commissioner John Carpenter moved to deny Case PZ26-104-A “because it is simply the rule as it exists today.” The motion was seconded (the seconder is not named in the transcript) and carried on a unanimous roll call (Carpenter — yes; Joanne Lawson — yes; Scott Wagner — aye).
Why it mattered: staff said the parcel is nearly four acres and straddles a jurisdictional line, with the proposed accessory building located in the unincorporated Clay County portion. Staff referenced the land development code section transcribed as section 151.6.3(b)(5)(e), which limits accessory structures relative to primary houses. Staff also reported the county mailed about 35 notice letters to owners within roughly 3,000 feet and had received no formal opposition.
What the applicant said: Luke Owen, founder of Owen Homes and speaking for the applicant, said the structure is intended for family sports and recreation — “basketball on one side and this turf area for soccer practice on the other side” — and argued site topography and split permitting responsibilities made alternative compliance impractical. Owen described the proposed building as roughly 7,200–7,250 square feet and said the design uses a recessed floor to achieve necessary ceiling heights without an unusually tall roofline. He also criticized permitting in Kansas City as onerous, saying the city’s building department has become “a red tape disaster.”
Codeworkarounds and staff explanation: staff and the applicant discussed two compliance workarounds allowed by current county code: (1) attaching additional floor area to the house via a covered breezeway so the total counts as the house footprint, or (2) building multiple detached structures each smaller than the house and separated by the minimum spacing (staff said 5 feet). Director Jones noted Clay County allows farm buildings without a footprint limit on parcels of five acres or more for farm use, but that the subject parcel sits in the unincorporated portion and is not five acres, and therefore the applicant does not qualify for that farm-use allowance.
Board’s rationale: Commissioners said they sympathized with the applicant’s practical concerns but must apply the variance criteria to the county’s ordinance uniformly. Commissioner Carpenter argued that changing the rule for a single parcel would set a precedent for many similar lots and that code revisions should be handled systemwide rather than on a case-by-case basis.
Other actions: earlier in the meeting the board also approved the minutes from its Jan. 27, 2026 meeting by unanimous vote.
What’s next: the denial leaves the applicant free to pursue alternatives discussed during the meeting — attaching the structure to the house via a breezeway or submitting plans for multiple detached buildings — or to seek changes to the county’s land development code through a separate code amendment process. The board listed an application for its March 24 meeting on the calendar.
