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Leawood board denies variance to extend deck into rear setback
Summary
A request to extend and replace a deck at 2844 West 138 Terrace by two feet (from 35 ft to 33 ft rear setback) was denied after the board found the application did not meet required variance criteria, including hardship.
The Leawood Board of Zoning Appeals denied a variance request on April that would have allowed a homeowner to extend an existing deck two feet closer to the rear property line.
John Lentel, owner of 2844 West 138 Terrace, asked to replace and extend his previous deck so the new structure would sit 33 feet from the rear build line, requiring a 2‑foot variance from the 35‑foot rear setback. Lentel said the existing deck was small and no longer usable and that the lot’s irregular shape made a larger deck more practical; the HOA provided a letter of approval. Planning staff explained the board must find all five variance criteria satisfied (uniqueness of the property, rights of adjacent owners, unnecessary hardship, public safety/general welfare, and spirit/intent).
During deliberations board members split on hardship and uniqueness: some members found the lot shape and existing conditions supported the application, while others said a deck of similar size had existed for 20 years and the application did not show an unnecessary hardship. The board concluded at least one required criterion had not been met and the motion to deny the variance passed. The applicant was told staff would follow up with the formal denial letter and options going forward.
