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Board of Zoning Appeals denies rooftop screening variance for Kansas Avenue industrial addition

Unified Government Board of Zoning Appeals and City Planning Commission · May 11, 2026
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Summary

The Board of Zoning Appeals voted 4–2 to deny a request to waive rooftop mechanical screening at 5323 Kansas Avenue after staff said the property is not unique and newer nearby buildings comply with screening requirements.

Heather Hitchcock of Davidson Architecture asked the Board of Zoning Appeals on May 11 for a 100% variance from rooftop mechanical screening rules for a building addition at 5323 Kansas Avenue, saying the site lies in an industrial area where surrounding uses and visible equipment make strict screening unnecessary. She argued the industrial character and existing heavy truck traffic reduce the public benefit of screening.

Byron Toy of the Planning Department recommended denial, telling commissioners the property is not unique and that many new buildings on Kansas Avenue and nearby streets have been required to screen rooftop equipment. Toy noted that earlier buildings were constructed before modern screening rules, but that current practice is to enforce screening for new development.

Vice Chair Karen Jones moved to deny; an initial motion by Jones briefly failed for lack of a second, and Commissioner Ward’s subsequent motion to approve also died for lack of a second. Commissioner Jake Miller then moved to adopt the denial motion (seconded by Vice Chair Jones). On roll call the board voted 4–2 to deny the variance, with Commissioners Beth, Jones, Miller and Mohler voting yes and Commissioners Ward and (one other) voting no.

The denial preserves the department’s current standard that rooftop mechanical equipment on new industrial and commercial buildings be screened from public view unless strict, documented site-specific hardships justify relief. The applicant may pursue design changes or reapply with additional evidence; the board closed the public hearing and recorded its findings with the staff conditions intact.