Board of Zoning Appeals

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.

1. 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.
2. City staff 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 city will provide the letter and the addresses to the applicant after the agenda has been set for the next meeting. No action is necessary until you have been contacted by the city which will be after the application deadline date.
3. 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.
4. 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.