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Board approves variances to allow side‑yard generator on flood‑prone lot in Leawood
Summary
The board approved variances permitting a permanently installed gas generator at 3225 West 82nd Street after staff and the applicant explained floodplain constraints and noise/testing requirements; the generator will need platform elevation and on‑site decibel testing to meet code.
The Leawood Board of Zoning Appeals approved variances May 27 that will allow a permanently installed gas generator to be located in the side yard at 3225 West 82nd Street, a lot where much of the rear yard lies in the flood plain.
Planning staff told the board the proposed generator would sit about 10 feet from the side property line and that the zoning code generally requires permanently installed generators to be in the rear yard; two variances were therefore needed (one for setback distance and one for side‑yard placement). Staff also stressed that a permanently installed unit must meet the city’s noise limits and will not pass final inspection unless on‑site testing confirms compliance.
Joe Salva of C.M. Mohs & Son, representing owner Dr. Stephanie Berry, said the rear yard where the applicant initially proposed the unit is within the flood plain, and that placing the generator in the rear at a compliant setback would either put it within the flood plain or require a platform two feet above base flood elevation. Salva said the preferred location is on the side of the house, "which is the perfect spot to put it," and noted that the unit would be placed on a metal stand to meet elevation requirements and oriented so the muffler directs noise toward the ditch to reduce neighbor impact.
Board members asked about noise levels and testing procedures; staff and the applicant said the code standard is roughly 60 decibels at the nearest property line and that staff performs on‑site checks with decibel meters and calibrated phone apps when contractors commission units. The applicant also explained that the unit has a battery starter that waits for a confirmed outage before starting, addressing a board member’s question about how a gas unit would start without power.
After discussing the five variance criteria — with several members citing the floodplain and limited alternatives — the board voted to approve both variances; the record shows motions, seconds and unanimous affirmative votes. The chair said the applicant will receive written notice of the approvals and that final installation will be subject to inspection and noise testing.
