Planning board approves rear-yard setback variance for Greyhawk home over staff objections

Basehor City’s planning body approved a setback variance that will allow a homeowner in the Greyhawk subdivision to extend a deck closer to the rear property line than zoning rules normally permit.

Staff had recommended against approval, saying the house is a recent new build with a temporary certificate of occupancy and that the application did not show the kind of unique hardship the statute requires. During the hearing staff also noted that permitted decks in the subdivision met setback criteria and cautioned that aerial-measurement tools can be inaccurate. "Staff cannot recommend approval," staff said during the presentation of the application.

The applicant told the board the deck is needed to safely access the backyard for small children and described interior layout and egress constraints. The applicant said, "the only way for them to access the backyard is going out through the front," and urged the board to allow the deck. A representative of the neighborhood association warned the board that the proposed deck could encroach on an inlet to a retention pond nearby and might inhibit stormwater flow.

After questions and discussion about window egress measurements, foundation type and the footprint options the applicant submitted, a board member moved to approve the variance for the property discussed in the hearing. Members voted "Aye," and the chair announced the motion passed. The board discussed follow-up with staff and the applicant about precise construction details and any required permits.