D.A.N. Chase (Chair)
Bill Clawson
Annie Best
Cecil Hammonds
Donald Brain, Jr.
Mel Hawk
Teresa Strubbe

The Board of Zoning Appeals is a seven-member board that is appointed by the governing body. The Board shall administer the details of appeals from, or other matters referred to it regarding, the application of the Leawood Development Ordinance. Specifically, the Board of Zoning Appeals shall hear appeals, determine requests for variances and exceptions and requests for setback modifications all as set forth in the Leawood Development Ordinance.

Regular meetings of the Leawood Board of Zoning Appeals are held the fourth Wednesday of each month except for the months of November and December, which the meetings are held the 3rd Wednesday. All meetings begin at 5:30 p.m. in the City Council Chambers, Leawood City Hall, 4800 Town Center Drive.

Citizens may address the Board on items under discussion if recognized by the Chairman. Persons requiring any accommodation (i.e. qualified interpreter, hearing assistance, etc.) in order to attend a Board meeting should notify City Hall at (913) 339-6700 x160 no later than 48 hours prior to the scheduled commencement of the meeting.

BOARD OF ZONING APPEALS PAPERWORK

The following information and application is intended to assist in preparation and submission of the necessary papers for a Board of Zoning Appeals action.

Explanation of a variance:

A variance applies only to provisions such as required setbacks, height regulations, parking regulations, etc. The BZA may not grant a variance that would permit a use not allowed in that zoning district. KSA 12-759 states a request for a variance may be granted upon a finding by the board that all of the following conditions have been met:

• The variance request arises from such condition which is unique to the property in question and which is not ordinarily found in the same zone or district, and is not created by an action or actions of the property owner or applicant;
• The granting of the variance will not adversely affect the rights of adjacent property owners or residents;
• The strict application of the provisions of the Leawood Development Ordinance will constitute unnecessary hardship upon the property owner represented in the application;
• The variance will not adversely affect the public health, safety, morals, order, convenience, prosperity or general welfare; and
• Granting the variance will not be opposed to the general spirit and intent of the Leawood Development Ordinance.

To file an application with the Board of Zoning Appeals, use the following procedure:

Applications may be obtained at the Department of Planning and Development, City Hall, 4800 Town Center Drive. After completing the application, submit it with any attachments to the Department of Planning and Development with the $150.00 application fee.

Jeff Cantrell, liaison to the Board of Zoning Appeals, will review the request and advise the applicant if any other information is required. Applicant’s seeking a variance shall address each of the 5 conditions set forth under "explanation of a variance". Applicant’s seeking an exception shall address each requirement as set forth in the Leawood Development Ordinance. The application will be scheduled on the next available BZA agenda. Applicants must notify all property owners within 200 feet of the subject property and the homes association by certified mail no less than 20 days prior to the hearing.

The applicant or applicant’s representative must be present at the BZA meeting to present the request. Applicants may bring maps, photos, or other materials that might assist in explaining the request. Adjacent property owners and other interested parties will be allowed to speak at the hearing when called upon by the chairperson.

The Board will deliberate and decide to approve the request, deny the request, or defer the request for further study. Applicants will receive written notification of the BZA’s decision.

The Governing Body of Leawood cannot overturn a decision of the Board of Zoning Appeals. If the request is denied, an applicant may appeal the decision to the District Court of Johnson County, Kansas. Such an appeal shall be filed within 30 days of the final decision of the Board.