Board of Zoning Appeals - Regular Meeting

I bet. Yeah, my dad, I know everybody that has their knees done.

So let's go to the physical care. She's doing good. Oh, good. She had a partial. They don't cut them off. They don't. Oh, that's good.

Who did it? I'm glad she got it done.

Oh, gosh. Bionic woman. And at the time, she was a child. They gave you. Oh, that's too bad.

Thank you.

I'm going to call this meeting of the May 27th meeting of the Board of Zoning Appeals for Leawood to order. Can we have roll call, please?

Members Penn, Sippel? Here. Dirksen, Dunn? Here. Hurst?

Here.

Hawker? Bussing? Here. We have a quorum.

Very good. First item of business is approval of the minutes from the April meeting. Do I have a motion? I move to approve.

Minutes as submitted.

Got a motion and a second. All in favor say aye. Aye. That's great. Old business, we have two cases. Both of them are the same property. Both are requests for variance. The first is 24-2026-8415 Meadow Lane. Request for a variance to the front yard setback in accordance with the LDO. Does the staff have a report?

The applicant has proposed a garage addition placed approximately 61 feet from the front property line. The front build line for this lot is approximately 68 feet. A variance of 7 feet is needed to build the garage addition as proposed.

And Ron, could I ask you just for... common sense sake, how does this relate to the next variance they're requesting?

The next one's about the side.

Okay. But it's about the same garage?

Same addition, yes. It needs a front and a side because they're both too close.

And as do I recall correctly, this is one that was built in accordance with code when it was built, but now there's new setback requirements in place that make this addition a variance. Is that correct?

Correct. The existing home would be legal nonconforming, and there's parts of the existing home that are going to stick in front of the proposed addition. Okay.

So as the picture shows us on the west side, at least, there's a part of the existing structure that's going to be closer to the build line than the proposed structure.

Correct.

Okay. All right. That's all the questions I have for staff. Does anybody else have a question for staff before we proceed?

I have a question. The neighbor to the north did not object for the encroachment on that property line? You sent out the letters, didn't hear anything back, so we assume everybody's happy.

Yeah, no calls or concerns had been received as of today.

And the encroachment, I would note, on the north side is going to be the same as the existing structures encroachment, so, okay.

Any other questions for staff?

Is the applicant here? Would you come on up? State your name and address for the record, and you may present your case.

The address is 8415 Meadow Lane. And I'm Jim Andrews, New Haven Homes. Okay. And Darren McDonald, he's the owner. Go ahead and introduce yourself.

Darren McDonald, owner of 8415 Meadow Lane.

Thanks very much. Yeah. Mr. Andrews, you're going to be presenting? Yes. Okay. So present what you want.

Okay. Well, we're remodeling the whole house right now. It's been through a number of remodels over the years. We're fixing everything we hit. So what we're planning on doing, if you see the plot plan, you can see the orange part is what we're adding on. And then basically it's going to look like this here, if you can see that.

Yeah, we've got it up here on these screens here.

And then Wes Welsh is drawing the drawing, so I can kind of show you basically what the addition is.

It's just the part right in here.

And he's got his Wes Welsh thing over it, but we're not coming any further forward than the right side of the house. And we're not going any further north than the left side of the house. The house now, the garage is 21 feet wide. And usable space in the garage is 19 foot 6 inches with the garage door down.

Which means I can't fit my car in it.

He's got a pickup truck. And so I live two houses north of him. I've been there since 1980. And I've remodeled a lot of houses in Leawood. Northern Leawood's getting all these tear-down put-ups, you know, big, huge houses, two, $3 million houses. So I tell everybody it's the smartest, stupidest thing I ever did is buying that house. Anyway, so what's happening is a guy like Darren's going to put a lot of money in his house, make it look good, bring it up to date and all that. But I can see what's going to happen in North Leawood. If you don't tear them down, you're going to end up with these small garages that you can't park these cars anymore because they're so big. So if you were to sell this house for, I don't know, $2 million, and you probably have a customer go, I like your house, I want it, but I can't park my car in your garage. I think that's going to happen a lot. So basically what he would like to do is just Add forward, you know, no further than the front of the house, and sideways just the same side of the house. That's kind of it.

That's fine. What we struggle with here, as I explained to everybody, we're not an architectural review board. We're not deciding whether we like the looks of it or not. We're deciding whether you meet the ordinance or not. And the two criteria in a variance that always cause us difficulty are uniqueness and hardship. And I've looked at the form you submitted on this, and yes, you think it's unique, and yes, you think it would cause hardship, but it didn't give much of an explanation. Can you help us understand why you believe this is unique and why this would create a hardship?

Well, I think it's unique because there are so many houses going around there.

That half the rise is big enough to take cars of this age.

You know, not from 1950 or whenever this house was built. The hardship is you can't park your car in there. It's too short, too narrow. So I suppose those are the two things that I try to say.

The hardship is... As I understand it from you, is that because this house was built where it was legally to provide additional garage space, you're going to have to violate the setback to a certain extent.

Is that correct? I've been there for 12 years now and have never parked a car in the garage. Right. And if you were able to get a car in it, you could not open the door. the kid into the house.

And as Mr. Andrews says, the only other option that leaves you is to tear it down and start over again.

Yeah, this is the least intrusive way to do it because it doesn't even pass the beginning of the house. It doesn't go farther left. But you can't go back because there's a second floor behind it. So you can't go back. So the only way to do this and get a car garage is to come forward. This right here exists as a second floor.

Yeah.

Any questions from the board for the applicant?

You go ahead. I had a question about that column that's in the middle of the existing, is there still a column there that supports the second floor? Is that part of the problem in terms of being able to get a car in there? Or can you get on either side of the column?

This is from the front to the back.

Yeah.

It's not side to side. The second floor is actually behind the garage. Oh, okay. So it doesn't start until after you pass the garage door into the garage.

Yeah. Okay. No, but down in your thing where it says existing column. No, there's a column there. Was or is? Yeah, there is. Okay. How are you going to get around that? You leave it there? Are you going to put a beam in or something? Well, I'm hoping the car will go past.

Thank you.

And are you saying just a regular car won't fit in there, or is it just big SUVs and trucks?

A regular car may fit in there, but he's got a pickup truck.

I've got an F-150.

I have a pickup truck. There's so many pickup trucks. And they started making them so fancy, they ruined everything.

I need one for my business.

And these Wagoneers, a Jeep Wagoneer, a Grand Wagoneer, is over 20 feet.

I've always wondered what happens when somebody gets home with that pickup and won't fit in the garage, but that's just the way it is. Park it outside, I guess. Exactly. Any other questions from up here for the applicant?

If we don't approve the request, is there an alternate that the city might offer to the applicant?

Is there an alternate to the... Any other options have been explored. I don't know how you would possibly... Well, you're trapped to the north and you're trapped to the back.

And even if you went back and not forward, you're still going to have to have the variance for the... north side, and you'd have to tear down a structure that's over there. So basically, all we're doing is we're bringing the front forward, even with the existing half. We're not going any further forward than that. All right.

Well, and as staff points out, I don't know if this makes it unique or not, but if this is built exactly as planned, it's going to be... further away from the property line than part of the existing structure. Yeah. Correct. Is that correct, Ron? That's what you said, wasn't it? Correct. Yeah.

Like I said, I don't know if that makes it unique, but it makes it kind of unusual.

Any other questions for the applicant? All right, well, since this is a variance, we have to vote on five criteria. You're welcome to stand there while we vote on it if you want, or you can sit down and wait for us to finish our discussion and vote. So with that, folks, we've gotten to the five criteria we have to analyze to determine whether to approve this variance or not. And as you know, it has to pass all five criteria. for us to be able to vote to approve the variance. So the first one is uniqueness of property. Do I have anybody want to comment on uniqueness of property?

Mr. Chairman, I think the staff and the staff report talks about the property extends closer to the southern property line on this lot, both the landscaping Yeah, and that the neighboring properties are the same. I think it meets the criteria.

Thank you. Anybody else?

I agree with Mr. Bussing. Okay, well, let's take a vote on it then.

All those who believe it's met the uniqueness criteria, please say aye.

Aye.

Opposed, nay. All right, rights of adjacent property owners. I assume letters went out, Ron.

Correct, no calls or concerns.

Okay. Any comments from up here? All those who believe it's met this criteria, please say aye. Aye. Opposed, nay. Hardship. The hardship stated by the applicant is that the only option he's left with if he wants a garage is a truck will fit into it to tear the whole thing down and rebuild. Any comments from up here on hardship?

Has the applicant made an estimate as to what that would cost to tear down the existing garage and put up a new one that would be wide enough to satisfy your vehicles?

We would have the same issues that we have now based on the various of the left and the front. Unless you tear the entire house down, it's impossible.

They'd have to put the whole structure in a different place on the property. Anything else? All those who believe it's met the hardship criteria, please say aye.

Aye.

Opposed, nay. Public safety and general welfare. Staff says effect should be minimal. Any comments? All those who believe it's met this criteria, please say aye. Aye. Opposed, nay. And spirit and intent. The intent is to maintain a similar street view and consistent front build lines, which this certainly will. So all those who believe at this criteria, please say aye. Aye. Opposed, nay. Having had five positive responses, we can entertain a motion to approve this request for variance.

Mr. Chairman, in case 24-2026-8415, Meadow Lane, request for a variance to the front setback in accordance with the LDO section 16-2-5.3, Dean and R01 District. I move approval.

Is there a second?

Second.

I have a motion and a second. All those in favor of approving the request for a variance, please say aye. Aye. Opposed, nay. It's passed. You'll be notified. And on to our second item on the agenda, which is case 25-2026, 8415 Meadow Lane, request for a variance to the side setback. Does staff have a report?

The applicant has proposed a garage addition placed approximately seven feet from the side property line. The side build line for this lot is approximately 15 feet. A variance of eight feet is needed to build the garage addition as proposed.

And that would put the garage addition at exactly the same distance as the existing structure? Correct. Okay. All right. Any questions for staff? I know the applicant's here. Come on up. You can present your case.

Yeah, I'm Jimmy Andrews, New Haven Homes. And I'm doing the work.

Anything else to present? I know we kind of talked about both of them as we were going along. Kind of ditto what we just talked about. Okay.

Everything's the same.

Any questions for the applicant on this aspect of it?

We're looking at that portion that's on the, according to this map, on the north side.

Nothing's changed. Nothing's changed.

Okay. Okay. Well, then we're going to vote on our criteria. Thank you. First criteria is uniqueness of property. Would anyone like to comment on the uniqueness? If not, all those who believe it's met that criteria, please say aye.

Aye.

Opposed, nay. Rights of adjacent property owners, any comments? All those who believe it's met that criteria, please say aye.

Aye.

Opposed, nay. Hardship, any comments? All those who believe it's met that criteria, please say aye.

Aye.

Opposed, nay. Public safety and general welfare, any comments? All those who believe it's met this criteria, please say aye.

Aye.

Opposed, nay. And spirit and intent. All those who believe it's met this criteria, please say aye.

Aye.

And opposed, nay. Having met all five criteria, we can entertain a motion to approve the request for a variance. Do I have such a motion?

Mr. Chairman, on the case 28-2026 at 3225 West 82nd Street.

Wait a minute.

No.

You're one too far, Gary. Meadowland. It's 25-2026.

I'm sorry, I apologize in case. Can I go again? Yeah, yeah. Case 25 dash 2026 8415 Meadow Lane request for a variance to the side yard setback in accordance with the LDO section 16 dash 2 dash 5.3 being an R1 district. I move for approval.

I have a motion and a second. All those in favor, please say aye. Aye. Opposed nay. Passed unanimously. You'll be notified in writing. Thank you very much for coming in. Kelsey, I guess we knew that nobody was here to speak on it, so you didn't have to remind me to ask. But I try to do this before. If you've come to speak on one and you think I'm going to miss calling on you, just, you know, look agitated or raise your hand or something. I'll be sure and give you time at the podium. Okay. Our next case is 28-2026. That's 32... Oh, I'm sorry, I wanted to note for the record that cases 26-2026 and 27-2026, the first one was withdrawn and the second one was continued. So we're now on 28-2026, 3225 West 82nd Street, request for a variance to the side yard setback. Does staff have a report?

The applicant has proposed to place a permanently installed generator in the side yard of the home. The generator will be placed approximately 10 feet from the side yard property line, a variance of 5 feet, and a second variance are required to place the generator in the proposed location.

And just so we know, what does this picture show us, Ron?

The X marks the location of the generator. We're 10 feet from the property line here to the generator and 15 feet to the house.

And that is what, is that the, that's the side of the house? Correct. Okay. All right. Isn't there something in our ordinance about how generators have to be placed in the side yard? Is that accurate?

That's the next one.

That's the next one.

Okay.

Okay. Sorry. so this one's just about the distance correct the fact that it's going to be in the side yard setback okay very good any questions from the board and it would have to pass both eventually it's going to have to pass both variances to be installed in this location but exactly this is the one we're tackling first and and for with respect to both of them it's going to have to meet Are ordinances requirements regarding noise or it won't be able to be placed there at all, correct?

Correct. It won't pass final inspection. Okay.

Ron, do they go out and actually test that when it's up and running, or do they just get a certification from the company that manufactured and installed it?

We do that on site. We meet with the contractor typically, and they'll turn the generator on. And we have decibel meters, and we have apps on our phones that are within 0.2 decibels of the meter.

55 decibels, I think, is the... What's that? Isn't it 55 decibels? 60. 60? 60?

60 at the nearest property line.

Okay, any other questions for staff?

Well, it seems the main reason for the placement is because it's in the floodplain, or the rest of the yard is in the floodplain.

I believe that's what the applicant is going to propose, yes.

Say.

There are spots outside of the floodplain in the rear yard of the home that meet the setback where this could be placed.

Okay. Any other questions for staff? Is the applicant here? Okay. Come on up. Give us your name and address, if you would, please.

Yes, my name is Joe Salva. I work for CMOs and Son. I'm representing Dr. Stephanie Berry, who is the owner, at 3225 West 82nd Street, Leawood, Kansas, 66206. Okay. You may present your case. Thank you, sir. Okay. We have...

This is a picture that shows the house up here.

You can see the house right up here. We were wanting to place the generator right back over here. This blue area is the floodplain. And the floodplain actually engulfs where we were originally wanting to put the generator, which was over here, which led us to the conversation with these good gentlemen, as to the fact that it wouldn't be able to be placed there. We had the option of looking at placing it within this area over here, which was, Travis, help me out here, it's not in the floodplain, but it's, what's the correct designation of that area?

yeah not in the floodplain yeah but you still would have to be two feet above that above the floodplain there that's in blue you know so as long as you were two feet above on a platform it could be anywhere in there i think they're planning on putting on a platform anyway just to protect that around the corner as well because even around the corner it's got to be two feet above the base floodplain so that area there is floodplain adjacent is that what you'd call that Sure, yeah. Sounds good to me.

Sounds good.

And then along that line of the house right there, this is the view that you get right here.

Would you pick that up and show me again where that side is on this picture?

Right here?

Okay. Okay. Thank you. Thank you. You can put it back up. You bet. Thanks.

This picture, which shows that line of the house back there, which is this right here. And there are windows. These are master bedroom windows, master bathroom windows, all along here. And the generator requires, needs to be at least five feet away from an open window or a window that can open. And all of these are operational windows. So in order to meet with putting it over here, we would have to set it away from the house. And setting it away from the house then from the master bedroom, one of the attractions to the purchase of this house was the view that they got out of their master bedroom window. And by placing it five feet away from the house, they're now looking right down on the top of the generator in the backyard. So that was not an acceptable alternative for placing the generator here in this area. So the next alternative was placing it Right here placing it on the side of the house, which is Here You can see it located just outside the yellow area just there on the side of the house on a stand Your gas meter is right over here. So it's a direct plumb right to the gas meter I would have to run the electrical and conduit across the back of the house and I've already discussed that with the customer, and that's acceptable, to come from the electric meter, which is on the other side of the house. The electric meter is located over here by the air conditioners, which are located over on this side that are within, what, seven, eight feet of the property line. They're very close to the property line over there. So, questions?

That's for you folks.

Any questions?

Can I explain that? Are there no windows on the back of the house where you're going to put this? I'm sorry, say again? Are there no windows? On the side of the house? Where you're proposing the place.

No windows. No windows. No windows. It's perfect. It's a perfect spot to put it.

Is that just siding we see there? Yes, it sure is. Okay, all right.

And then looking at this picture again. And I apologize for it being so small. But this is the location where we would be putting the generator. Here is the house in question at 3225. The next house to the west and north is up here, which is quite a distance away. And all the people in the neighborhood here have gotten notification on this. So it's sitting right here. And the variance is for the closeness to the property line right here on the west side. Oh, yeah, here we go. And this is a picture from another direction. The generator would actually go right down in here.

Where that first bush is? Yes. Okay. Any other questions for the applicant?

And it's going to be on a metal stand rather than a slab or some kind of a platform?

That's correct, because Travis has informed us that it does definitely need to still be on a stand at that location. Thank you. And we do that. That's typical. That happens sometimes. We have to put a stand in it.

Because the last thing you want is your generator going out after your electricity's gone out.

Well, they've already, since we started this process, I visited them first on February the 19th, and we've been working this process since that point in time. They've lost power once for longer than six hours. and I think a second time, I'm not sure.

The joys of North Leawood.

It is, and the problem child is this back, if you'll look right here, this back drainage back here, their power line actually runs back through this drainage. Wow. And so the trees that are there is what causes the problem. Ice storms and wind and things like that, you get limbs that go over on the power line, and that's what cuts the power.

Well, at least it's not underground.

And this area, I think this area over here is the city garage? Is that correct?

Prairie Village Public Works.

Okay. So it kind of gives you some bearing as to where this is located. But yes, this is all a wooded area back in here.

Correct? I think you already answered when you said it was a perfect location, but in your experience, this is the ideal location.

In my experience, I'm a mechanical engineer by background, and in my experience, this is the best location for it because it puts it out of the way. We can direct the muffler of the unit away from the side yard so we can direct the noise away from and actually back towards the ditch, which will help quite a bit in the sound levels.

Any other questions for the applicant?

What's the sound level? I mean, what do you tell people who are considering it? I'm sorry? People who are considering buying a generator, what do you tell them?

I tell them about the 56 decibel range. Really? Uh-huh.

Any other questions?

Well, you've heard us go through this before. We have five criteria we have to... determine this on, and you're welcome to stand there while we do it or sit down if you like. Did you have another question? I'm sorry.

I have a question for you. Okay. In reading the staff notes and the requested action, it indicated that permanently installed generators are required to be in the rear yard. Oh. Is that a thou shall not? Do we have the authority to change that? Yes, we do. Can we consider that part of the variance?

We can consider that part of the variance, correct?

Yes, we've heard these types of cases in the past.

Right, right. And that one will be before you in the next case as well. Yeah. So it's thou shalt not unless the zoning board says yes.

I used to be the president of the zoning board in Sugar Creek for 14 years, so I'm familiar with the process. You have my sympathy, sir. Thank you, sir. Anyway, any other questions?

All right, well, we have our five criteria. And the first is uniqueness of the property. We've heard what the applicant had to say. Any comments from up here on uniqueness before we vote?

Two words, floodplain.

Okay. Anybody else? Hard to argue with. All those who believe it's met this criteria, please say aye.

Aye.

Opposed, nay. Rights of adjacent property owners? Ron, I'm sure letters have gone out.

No calls or concerns. Okay.

All those who believe it's met this criteria, please say aye.

Aye.

Opposed, nay. Hardship, anyone want to comment on this? It's hard if you don't have electricity. Okay, all right. All those who believe it's met this criteria, please say aye.

Aye.

Opposed, nay. Public safety and general welfare. All those who believe it's met this criteria, please say aye.

Aye.

Opposed, nay. And spirit and intent. All those who believe it's met this criteria, please say aye.

Aye.

Opposed, nay. Having gotten a positive response on all five criteria, we can entertain a motion to approve this variance.

Mr. Chairman, if you want to ask if there's anyone.

Oh, yes. Yes, I'm sorry. Is there anyone here who would like to speak for or against this before we take our final vote? Thank you, Kelsey. All right. Do I have a motion?

Mr. Chairman, for case 28-2026 at 3225 West 82nd Street, request for variance to the side yard setback in accordance with the LDO section 16-2-5.3d in an R1 district. Second.

I have a motion and a second. All those in favor, please say aye.

Aye.

Opposed, nay. It's passed. You'll be notified. And since you're standing there, we're going to start right into the next one. Thank you, sir.

Can I ask a question of Mr. Generac first?

Come on back up. He wants to ask you a question.

This is a gas-fired Generac generator.

Yes, sir.

So without electricity, how do you light the thing? How do you light the thing? Yeah.

It does have a battery.

Okay, that's what I figured. Yes.

It does have a battery in it. And so it'll sit there when it loses power from the outside world. It'll ask the question, is it really out? Because it won't start right away. It gives it about 15 to 20 seconds to wait to see if the power's right. Because sometimes you get a momentary blip and then it comes back.

Mm-hmm.

Well, this this waits for that and then when it doesn't says, OK, I guess it's really out and then it closes off the outside world, starts up the generator, empowers the house.

Thank you.

All right, well, our our next case is 29-2026, 3225 West 82nd Street request for a variance. The staff have a report.

The applicant has proposed to place a permanently installed generator in the side yard of the home. Permanently installed generators are required to be in the rear yard.

So we got this one because of the placement in the side yard rather than the setback amount. Is that correct?

Correct. Once you move it around to the side, it's now in the setback.

So we've approved the variance in the setback. We haven't approved it in the side yard yet.

Correct.

Okay.

Okay. So do you want to present your case? Sure. My name is Joe Salva. I work for CMOs and Son. I'm representing the customer, Dr. Stephanie Berry, at 3225 West 82nd Street in Leawood.

Do you have anything else to add?

I don't, other than what we've already said. I mean, do I need to restate that?

No.

Okay. I would if you needed that.

No, you can adopt what you said in the prior case. I would adopt that, yeah, what I presented before. Okay.

Does anybody up here have any questions for the applicant?

All right. Well, then we're going to go through our five criteria, the first of which is uniqueness. Any comments? Two words, right, Mel?

Okay.

all those who believe it's met this criteria please say aye aye opposed nay rights of adjacent property owners notices have gone out ron correct no calls or concerns same ones that went out before right exactly okay only one letter two variances okay all those who believe it's met this criteria please say aye aye opposed nay hardship any comments All those who believe it's met this criteria, please say aye.

Aye.

Opposed, nay. Public safety and general welfare. All those who believe it's met this criteria, please say aye.

Aye.

Opposed, nay. And spirit and intent. All those who believe it's met this criteria, please say aye.

Aye.

Opposed, nay. It's passed unanimously. You'll be notified in writing. Thanks for coming in. Thank you, sir. Thank you all. Thank you very much. Our next case is 30-2026-8909, high drive, request for a fence height exception. Does staff have a report?

The applicant would like to install a six-foot wood privacy fence along the perimeter of the property.

And what does this picture show us, Ron?

In red would be the proposed six-foot fence.

Okay. Is there a fence there now?

Forefoot, I believe. Or maybe that's just, there's no fence. It's just landscape. There's a new subdivision on Old Leawood Country Club that's heavily landscaped, and then there's some kind of bushy trees at the rear of their property.

Very good. Here's a photo.

Slippery little thing. Ah, okay. Any questions for staff? Is the applicant here? Come on up. Please state your name and address for the record and then present your case.

Yes, I'm Tim Castaneda. I'm the homeowner of 8909 High Drive. and we're requesting a six foot variance in the along the east property line just a few things to note in addition to the application the first is that we have neighbor support so this was actually prompted by our neighbors at 8910 sagamore who approached us asking for a six foot fence as you just noted this is the location of the old leeward country club So when those neighbors moved in, they've asked that we put up a fence and remove some of the foliage that existed there prior to the homes being built.

So I'm sorry, your neighbors. What's up on this picture? Is that is that what direction is that? Rhonda, can you help me? East. East?

Yes.

So are those your neighbors on your east, I've asked you? That's correct. Okay, all right. And these are neighbors that have built on the old Leawood Country Club property, and your house was existing prior to that time?

That is correct. Okay, just wanted to make sure.

Thank you.

Yeah, so the folia, as you saw in the picture, had existed prior to the neighborhood going in. So 8910 Sagamore was the one that had requested that we build a fence. which we were amenable to. And then since then, 8906 Sagamore has also expressed support and I believe provided that support in writing. We did mail out the certified letters and I don't believe we received any.

No calls or concerns. And there was an email in the packet in support of.

Right. um one other thing to note is the slope of our backyard so our backyard goes downward towards the east and the north so it gives us an elevated line of sight directly into 8910 and 8906 living areas and backyards which is part of the concern so the standard four foot fence wouldn't provide any obstruction to the visibility there And then, as I said before, the natural vegetation that existed there has been a point of concern from the neighbors. And so our plan would be that with a six-foot fence, we could cut out all of the existing foliage there. And they've planted some evergreen trees. And so that, with the fence as well, would be just a cleaner, longer-term solution that would keep everyone happy. Also worth noting, we have submitted for a hot tub permit as well. So we have plans to put a hot tub on the lower porch, which is directly in line of sight from those east properties today. And we have longer term plans to install a pool. So our hope is that we can do the six foot fence once and not have to come back and disrupt the neighbors and have additional costs to do it twice. And then we'll be using Elite fencing which has done a lot of fences in the neighborhood and we'll use quality materials in line with the neighborhood aesthetic Any questions?

Have you talked with all of your neighbors about, I mean, there's nobody that's objecting to this idea. Yeah, nobody's objected that we're aware of. In fact, they're asking you to do it.

Yeah.

Yes. Ron, could I ask you a quick question? I know that if they were to come back and put in a pool, then six foot is just a given. You don't need an exception at that point. Is that true with a hot tub as well?

With a hot tub, six foot fence has to be within three feet of the hot tub. Okay.

So they'd still need an exception? Correct. Okay. All right. Not that there's any guarantees on either one of them, I understand, but I just wanted to know. Any questions for the applicant?

Would you run through your justification for six foot versus four foot again? I know we touched on that because of the hot tub, but your neighbors proposed a six foot fence, or it had to do with the sight line and looking into their backyard. Could you go through that again? I kind of missed that a little.

Yeah, it's primarily due to the slope of our backyard, which goes downwards towards the east. Okay. Those are the neighbors that are mostly concerned. So especially in the winter when all of that vegetation dies off, we have direct visibility into their backyard porch and into the living rooms of their house as well because we're elevated compared to...

In the summertime when you've got leaves on all those bushes and everything, you probably can't see into their backyard.

Correct, yeah. That does offer a lot of privacy today, which is why we've been reluctant to take it down without having the addition of the fence. Okay, thank you.

Any other questions? Okay, well this is a request for an exception. rather than variance, and as our documents point out to that, our job is to determine whether the benefits of allowing this outweigh any adverse impact, considering the following, which is effect on adjoining property, uses and physical characteristics of adjoining property, and the proximity to arterial streets. Any comments on any of those before we entertain a motion one way or the other?

since the neighbors approached you that's definitely a benefit in your favor it is and i do want to make one note because i believe what you read just had the east property line but it would also be the north property line to keep consistent because there's not currently a fence there there is a there is an existing fence on the south property line is that the metal fence that we saw in the picture There's a four-foot wooden fence on the south property line and no existing fence on the east or the north.

That's not shown in any of the pictures, is it?

You can see the fence just outside the blue line along the south.

Okay. So this is the existing fence.

consistency of the look we felt like it would be better to extend this on the north side as well kelsey are they allowed here to revise that to include that north side for the exception request

So let me make sure I'm following everything here. What I'm hearing is that the applicant has informed you that he intended to include a six foot request for an exception for a six foot fence Along the north side of the property as well?

Well, this is what was sent with the application, so it just has the east. But now we're saying east and north, which would be down to here.

Exactly. That's what I'm trying to do. So what's happening here is that the applicant wants to amend.

Since the application was submitted originally, yes, this would be amended.

Okay, so he wants to amend it to a request to add a request for an exception to put a six foot fence on the north side of the north and east. So if we were to approve this, our motion would be to approve this with the addition of. approval of a six-foot fence along the north side of the property as well. Is that correct? Correct. Right?

Yes, that's correct.

Okay. Does everybody understand that? Will this connect to the house too on that side? Do you want to draw that in as well?

So it will come up to the parallel of the house here where there will be a steel gate.

It will be within both and on this side as well. That would connect to the existing urban fence on our neighbor's property to the south.

And that other fence that is not shown then is existing six foot or existing?

This is existing four foot.

Okay. And that's to remain?

That would remain and this would be a steel four.

At the front, so it would just be six foot at the side and back. The front would be four foot?

Correct.

Okay.

Very good. That doesn't change anything then. No, no, I appreciate that, Travis. We want to get it right.

Any other questions for the applicant or staff?

Is there anyone here who wants to speak on this application for or against? No? Okay. Well then, do I have a motion?

I move to approve case 30-2026-8909, high drive, request for a fence height exception in accordance with the LDO section 16-4-9.5A in an R1 district with the amendment of a six-foot fence on the south side. North side. The north side. Correct. with and it's the six foot fence is going to touch the back sides of the house right it's going to come up to and join in with the house the portion touching the house will be a gate that will be a four foot gate second is that clear enough kelsey clear as mud we you might want to restate it um

It should be fine, but just so we're clear, you might want to restate the motion with the stipulation that the fence will also be on the... On the what? On the additional side, so it's not just the...

It's on the north side. That's what he added.

Okay, so then I would just restate the motion and make it more clear that... In addition to what's being approved from the original application, it's also being approved for a six-foot fence on the north side.

Is that your motion, Chuck? Yes. Okay. How's that? Fine. Okay.

I second that one instead. Thank you very much.

All those in favor, please say aye.

Aye.

Opposed, nay. Thank you. You'll be notified in writing. Thank you. Okay, that brings us to case 31-2026, 3088 West 132nd Place. Request for an exception to the side yard setback. Does staff have a report?

The applicant is proposing a covered deck that will be placed 11 feet from the side property line. The addition will be a greater distance from the property line than the existing structure. An exception of one foot is needed to build the addition as proposed.

this similar to the other case we had where the existing structure is legal non-conforming the existing structure is legal oh it's a 12-foot setback i see in this zoning district oh okay okay because of the shape of the plot extending The existing structure backs brings it within the need for an exception for an extra foot. Is that correct?

Correct. Okay.

I think I get it.

Well, the existing structure, because of the slope of the land, is 10.3 feet, so it is legal nonconforming.

Okay, great.

And now the deck will be at 11, which would be further away than the existing structure.

Is there currently a deck there?

We have the deck, and then this is the covered deck that's proposed to add to the deck.

Okay, great. Any other questions for staff? Is the applicant here? Come on up. Name and address for the record, if you would, please.

Yes. My name is Ashley Brinkman. I am representing Quinton Cole, the homeowner, who is here as well. Great. And this is for the property at 3088 West 132nd Place. Okay. You may present your case.

Hi, I'm Quentin Cole, the owner. Okay. I just thought I'd come and watch procedures. Thank you. Go ahead.

Okay. So, as he said, the existing home was built, is repurposed, legal non-conforming. It is 10 feet away from the side yard property line. And so there is a bit of uniqueness to that as it's not normal for the area. The proposed deck, which this is a little, the proposed deck going in front of this is uncovered and we would be adding a cover over the existing deck. But the proposed deck is further away from the property line than the existing house is, so it's not adding to that encroachment at all.

And, Ron, as I understand it, the reason this is an exception is because it's at least 10 feet from the property line.

More than 10 and less than or equal to the existing.

Thank you. And that makes it an exception rather than a variance, so you don't have to go through the whole uniqueness and hardship criteria thing. You just have to tell us what the plan is and what you're doing, basically.

Okay. Yeah, so we're just wanting to add on to that to improve the value of the home. It's not encroaching on the setback any further than the house already is. I think... That is about all there is to it, unless you have any questions for me.

Okay.

So when we were looking at, we have an existing deck and we wanted to make it a screened in porch or deck instead and started looking with different companies and we found somebody about three houses up, or four houses, has the same exact layout of our house and they had this deck with the screened in and a little extension that goes around the bay. So we said, oh, that'll be nice, because then we can maybe put a grill up there so that I can go down through the walkout basement and up and down the stairs trying to do that. So that's why we went with this company, because it was the same company, same layout and everything. It doesn't stick out any further than the current deck at this point. You know, and then we got into the, once we filed and said, oh, wait, there's a variance that we have to go for, you know, whatever you want to call it, an exception. And I guess people upstreet must have had a different slope in their property, didn't have to deal with it. Okay. So here we are.

Here we are.

And we did talk to a number of the neighbors around us, and everybody was fine with it. Okay. Got an approval from our HOA already.

Mm-hmm.

Well, and I will note for the record that Ron had already informed me that they sent letters out and hadn't received anything, but just got an email a couple days ago on this one.

Yeah, two emails yesterday in favor of.

That are both favorable, and you were handed copies of those. You should have them at your desk. Just to be clear, is there anyone here who wishes to speak for or against this application? No. Okay, well, this is an application for an exception to the side yard setback and is not a variance. So we have to make sure it meets certain criteria, which I believe staff has already told us that it appears to meet it. So do I have a motion?

Mr. Chairman, I propose case 31-2026, 3088, West 132nd Place. Request for an exception to the side yard setback in accordance with the LDO section 16-2-5.4D in an RP-1 district.

I've got a motion to approve and second. All those in favor, please say aye. Aye. Opposed, nay. been approved you'll be notified in writing thank you for your presentation thank you very much which brings us to our next case which is 32-2026 8415 belinda road request for a fence height exception does staff have a report the applicant would like to install a six foot wood privacy fence along the perimeter of the property And what does this picture show us, Ron?

Everything in red is new fence, six foot at the rear, six foot, this would be to the south, six foot with a gate at both fronts. There's an existing six foot fence to the north.

Okay. All right. So the red would all be new six foot fence, and what's shown by those blue lines is an existing, what, four foot chain link fence?

There's different parts, yeah. There's part chain link along the perimeter, part wood. It's kind of a hodgepodge thing.

I see. Okay. Kind of a hodgepodge. Okay. Any questions for staff?

I do. The existing wood fence is his or the neighbor's?

That would be a better question for the applicant. Yep. The applicant would be better to answer that.

Okay, I'm sorry. Thank you. Okay, is the applicant here?

Thank you.

Hello, I'm Lucy Wachowski. I am the homeowner of 8415 Belinder. I am requesting an exception to the height for the fence. The current fences that is there is a chain link fence. It's about three and a half feet in height.

The fence that I am hoping to replace is this is where there is an existing chain link here and then on this side as well.

There is an existing wooden gate that was shown at this point right here and an existing wooden gate that is shown here. This is my neighbor's fence that would be staying there.

And that's a six foot wood fence already?

It's kind of like a graduated fence that goes up in height, but at the maximum height of the six foot, which is where it would join at the back corner.

Okay.

And why do you want a six foot fence?

a few reasons um one this back foot back area was by the previous owner was full of vegetation and during my past two years of living there i have significantly taken that down which has exposed quite a bit of entrance into my back yard the The houses behind are at a slightly higher slope upwards, so my backyard slopes down. And so they are able to see without the vegetation essentially straight into my master bedroom. So that is for one reason. The second reason is, although it's not shown here, I do have a hot tub that's about right here. And so for safety reasons, although it is not within three feet of all areas, take that into consideration as well. Additionally, in the future, I'm hoping to get a dog, and with the current fence at the height that it's at, the neighbor or the homeowner before me had her small dogs be able to jump over that fence, and so would like to avoid that from happening as well. i have discussed this with all of my neighbors i did not realize that we could make adjustments i talked to my next door neighbors who feel more comfortable with a five foot fence as opposed to a six foot fence there um just for their viewpoint so if i could amend that to on this um this side to be a five foot fence as opposed to a six foot fence i would like to do that to ensure that i have great neighborhood relationships as well we got another one kelsey

The five-foot fence, correct me if I'm wrong, Travis and Ron, that's allowed not even, you don't have to have an exception for that, correct?

No, you still need an exception for anything over four.

Over four feet.

But if we approved a six-foot fence all the way around, she could put a five-foot fence up without any problem, correct?

Yeah. Yeah. I would think since it's two separate heights, a six-foot and a five-foot, They should probably be different items, but if you approve a six-foot fence all around, it's fine. That could include the five-foot fence, in my opinion.

That would still allow you to be a good neighbor, but we wouldn't have to force you to go away and come back with two petitions.

That would be great. I did not want to apply for a six-foot fence and then end up putting a five-foot fence there.

Did we say up to six feet? What did you say? I'm sorry? Did we say up to six feet? And then you could make a five-foot fence. I think it does anyway, doesn't it, Travis?

That's what it would be. I mean, it's up to you. Once you have six foot approved, anywhere between zero and six is good.

Sounds like you're a good neighbor. You're going to do the right thing, so I'm not worried about that.

I wanted to make sure that, because it does impact my neighbors as well, that they would be content with it as well. And I did talk to my backdoor neighbor in addition, and she is okay with it as well.

Very proactive of you. I appreciate that effort. Any other questions for the applicant? Okay. Well, we've heard the application. Do I have a motion?

Mr. Chairman, in case 32-2026-8415, Belinda Road, request for a fence height exception in accordance with the LDO section 16-4-9.5A in R1 District. I move approval. Second.

I have a motion and a second. All those in favor, please say aye.

Aye.

Opposed, nay. It's approved. You'll be notified in writing. Thank you so much. Thanks for waiting all night. One more. Okay. All right. Well, our next case is 33-2026, 9428 Wenonga Road. Request for an exception to a side yard setback. Does staff have a report?

The applicant is proposing to replace an existing four-foot fence with a new six-foot fence placed at the side yard property line along 95th Street. The side yard setback on a corner lot in an R1 district is 30 feet. An exception of 30 feet is needed to place the fence in the proposed location.

Other than the one extension to the house, this is all replacing an existing fence?

Correct.

Okay. I had another question, but I forgot it. Oh, just for clarity of the record, I noticed our last case is also the same address. And what's that about?

That they want the six-foot height exception.

Okay, so one is the placement and the other is the height.

Correct.

Okay, very good. But the first one we're working on is the placement. Correct. Great, thank you. Any other questions for staff?

It backs up to Ranch Mart Shopping Center?

Correct.

Okay.

Right, the old post office is right there to the west.

The old post office building. And it ends also on 95th Street, which is a busy street.

Correct. And there are multiple fences at the property line along 95th Street, both sides.

And we're just replacing a fence, an existing fence.

Replacing a four-foot fence and would like to go to six foot after the next, but yeah.

Any other questions for staff? I know you're here. Come on up.

Hi, my name's Paul Jackson. I'm the owner of Jackson Fence. I'm representing the customer David Owens at 9428 Wenanga. My address is 22 West 62nd Street, Kansas City, Missouri. Obviously, we're talking about a property that is right next to a road, 95th Street there, right before that Mission Shopping Center where people drive 45, 50 miles an hour. You've got a sidewalk right next to the fence there. This is a family with young children. And the customer has told me that just recently they've had a broken vodka bottle in their backyard. To the west of the property is obviously commercial and that ranch mart area and all of that, which is a very busy area. So the main reason we're looking for the exception is essentially to replace the fence where it is in its existing location, right up next to that sidewalk there. I believe the existing fence is six and a half feet from that sidewalk and 16 feet from the back of the curb. which, again, is very close to a road that is a high-speed road, and when you've got young kids, I think any parent would want the maximum security in that type of environment. So that's why we're asking for the exception.

Okay. Any questions for the applicant? All right. Well, this is an exception, and we're permitted to approve it if the new fence is replacing an existing fence in the same location and the effect should be minimal. Anyone want to make a motion?

I'll make a motion for case 33-2026 at 9428 Winanga Drive. Request for an exception to the side yard setback. Is that right or at the fence? No, we're doing...

This is the setback, yes. This is placement.

Okay. With an exception to the side yard setback on a corner lot in accordance with the LDO section 16-4-9.5C in an R1 district.

I have a motion and a second. All those in favor, please say aye. Aye. Opposed, nay. It's passed. You'll be notified in writing, and stay right there. We'll get to the next one. So the last one is case 34-2026. 9428 Wenonga Road, request for a fence height exception. So, Ron, you want to make your report?

The applicant would like to install a six-foot wood privacy fence along the west, south, and southwest perimeter of the property.

Rather than an existing four-foot fence, right?

Correct, and everything in red on the aerial photo.

Very good. All right, do you have anything else to add?

No, once again, it's the same reasons, just primarily safety and having young children at home.

Okay. Any questions for the applicant from the board? Hearing no questions, do I have a motion?

Mr. Chairman, I propose case 34-2026, 9428 Winonga Road. Request for a fence height exception in accordance with the LDO section 16-4-9.5a,

in an r1 district i have a motion to approve in a second all those in favor please say aye aye opposed nay it's passed you'll be notified in writing thanks for coming in and thanks for your patience that's all we have on our agenda for tonight do i have a motion to adjourn then we are adjourned all right thank you all for a very