Gas station special use permits in the Northeast, a drive-thru dispensary off Southwest Trafficway, and new houses in the Westside and West Plaza.
- Forgotten Homes
- Indian Mound
- Ivanhoe
- Lykins
- Northland
- Oak Park
- Old Hyde Park
- Southmoreland
- Valentine
- Vineyard
- Volker
- Western Hills
- West Plaza
- Westport
- Westside
Board of Zoning Adjustment
Wednesday, July 9th at 9am
The Board of Zoning Adjustment was attended this week by Chairman Mark Ebbitts and Members Michael Meier, Tom Gorenc, Myeisha Wright, and Randi Mixdorf. Board Member Theresa Otto attended the meeting via zoom. Board Member Gonzalo Ventura later joined the meeting.
CD-BZA-2024-00108 requested approval of a variance to convert an existing outbuilding into an Accessory Dwelling Unit (ADU) at 3419 Baltimore Ave in the Old Hyde Park neighborhood. The existing structure is larger than the maximum allowed square footage for ADUs in a R-6 zoning district. Staff Planner Connor Tomlin and the applicant, Erich McGrew presented the case.
Mr. McGrew sought to convert the structure to an ADU with two bedrooms, allowing for him to age in place. He would also rent out the ADU or live in it and rent out the house. Some Board members expressed concern over the number of bedrooms in the ADU and the deviation from size and setback requirements. The Old Hyde Park neighborhood association was also reportedly against approval of this variance.
The Board moved to deny the variance requests, and the applicant was advised that if he wished to appeal, he would need to present further evidence not yet brought before the Board.
CD-BZA-2025-00044 requested approval of a variance to the number of units per lot area for an R-2.5 zoning district to permit conversion of a single-family home into a duplex at 4111 McGee St in the Southmoreland neighborhood.
The applicant did not appear at the meeting, and the Board moved to dismiss the case.
CD-BZA-2025-00076 requested approval of a variance to the front setback of a garage to build ADA accessible features such as a ramp and access to a storm shelter. The subject site is located in a residential (R-6) zoning area at 1533 NE 51st Ter in the Northland. Staff Planner Ahnna Nanoski, pensioning for Alec Gustafson, and the applicant, Igor Kondenko, presented the case.
The Board moved to approve the variance.
CD-BZA-2025-00079 requested approval of a variance to the residential vehicular standards (R-2.5) to permit a larger driveway on the front yard of the site at 418 Lawndale Ave in the Indian Mound neighborhood. Staff Planner Stephanie Saldari and the applicant, Ricardo Campos, presented the case.
The subject site already contains a noncompliant driveway that covers the entire front yard. The adjacent homes on either side of the property are similarly paved and also noncompliant. There is an alleyway behind the house, but Mr. Campos reported that it was too narrow to use. The neighborhood also sees several transient people walking through the alleyway, and Mr. Campos worries about break-ins when he parks his vehicles there. He also stated that the driveway was built to protect his vehicles from speeding drivers, who have previously hit cars when they were street-parked.
The Board was concerned about the precedent that approval might set, given the similar noncompliant properties on the block. Several suggestions were fielded to allow for some green space while still having a front driveway. The Board moved to continue the case to September 24th to give time for Mr. Campos to speak to his neighbors who have similar violations and come up with a plan for reducing the amount of pavement without totally removing their driveways.
CD-BZA-2025-00082 requested approval of a variance to the minimum lot size for residential (R-2.5) zoning on the site at 615 W 20th St in the Westside neighborhood. Staff Planner Ahnna Nanoski, standing in for Alec Gustafson, and the applicant, Ryan Hunter from Hermanos Design, presented the case.
The applicant seeks to build a narrow two-story penthouse on the lot with a front entrance facing 20th Street. The building would be rather small, but its height would be similar to the height of an adjacent apartment building. The Board moved to approve the requested variances.
CD-BZA-2025-00083 requested approval of a variance to permit the construction of a drive-through lane at 647 W 39th St in the Valentine, Westport, and Volker neighborhoods. Staff Planner Ahnna Nanoski and the applicant, Rhys Williams presented the case.
The existing structure is to be converted into a Marijuana Dispensary. The requested variance would be to the drive-through facility separation requirements (88-340-02-A.3). These state that such lanes must be at least 50 ft from the boundary of a residentially-zoned district.
Chair Ebbitts and some other Board members voiced concerns about whether or not the establishment would restrict left-hand turns onto the site from 39th Street. Mr. Williams said that he believed his clients would be amenable to requiring that.
The Board moved to approve the requested variances.
CD-SUP-2025-00003 requested approval of a special use permit to construct a new gas station on the southwestern lot at E 12th St and Jackson Ave in the Lykins neighborhood. Staff Planner Andrew Clarke and Tarek Jebali and Gerald Menefee, representatives for the applicant, KAM Design LLC, presented this case.
This case was recommended for approval by the City Plan Commission on June 18 and was covered in that week’s edition of the blog.
Mr. Clarke explained the applicant was seeking a variance to the separation requirements between fuel stations. This requirement was written to avoid having too many gas stations close together. Because there is no gas station already on the site, Staff did not see the hardship needed to approve the variance to separation. Therefore, their recommendation was denial. However, they were thankful to the applicant for working with them and the neighborhood association to provide better plans.
Some Board members expressed concern, as this would be the first Special Use Permit granted for a gas station/convenience store since the separation requirements came into play in October of 2024. The applicant was seeking a 50% deviation from the separation requirements, which was also of concern. Approval may set that percentage as a precedent for future approvals.
The Board heard testimony in support of the project from the Lykin’s neighborhood association and, afterwards, another representative from the applicant team. Board Member Wright voiced support for the applicants for their flexibility in working with Staff and the neighborhood. The Board deliberated, and moved to approve the Special Use Permit.
CD-SUP-2025-00004 requested approval of a special use permit to allow for the expansion of a gas station located at the northeast corner of E. Truman Rd and Brooklyn Ave near the Forgotten Homes neighborhood. Expansion of the gas station would require building over an existing alley that bisects the block on Truman Rd from Brooklyn Ave to Park Ave, as well as the demolition of a former union hall built in 1908. Staff Planner Andrew Clarke and Gerald Menefee, engineer for the applicant, presented the case.
Staff explained that the existing gas station can be difficult to navigate in and out of, for both motorists and pedestrians. The entrance is relatively close to the intersection of Brooklyn and Truman. The new site plans move the canopy and the entrance on Truman Rd further east, to allow for greater ease of use. Staff also recommended allowing a wider entrance for fuel trucks.
The Board moved to approve the requested Special Use Permit.
CD-BZA-2025-00057 requested approval of a special exception in a residential (R-1.5) zoning district to permit the construction of a fence greater than four feet at 3544 Highland Ave in the Ivanhoe neighborhood.
The applicant did not attend the meeting, and the Board moved to continue the case without fee to July 23.
CD-BZA-2025-00080 requested appeal of zoning violations related to the maximum percentage of pavement in the front yard of a residential (R-2.5) property located at 4335 Spruce Ave in the Oak Park and Vineyard neighborhoods.
The Board moved to continue this case to September 10 per the applicant and staff’s request.
CD-BZA-2025-00063, CD-BZA-2025-00074, and CD-BZA-2025-00075 requested approval of variances to the maximum height, rear setback, and garage width requirements in a residential (R-2.5) zoning district to build three new single family homes. The sites are located at 4608, 4612, and 4614 Mercier St in the West Plaza neighborhood. Staff planner Alec Gustafson and Nick Christopher, a representative for the applicant, Soigne Properties LLC, presented the case to the Board.
This case was continued by the BZA on June 25, and was covered in that week’s edition of the blog.
The applicant’s team presented new renderings that included the homes to either side of the properties in question. The Board, after reviewing these, deemed the height differential not to be great enough to warrant denial, and moved to approve the requested variances.
CD-BZA-2025-00066 requested approval of a variance to the maximum size of a wall sign located at 9201 Ward Parkway in the Western Hills neighborhood, near Ward Parkway Mall. Staff planner Connor Tomlin and Mason McGill, a representative for the applicant, Bluebird Fiber, presented the case to the Board.
This case was continued by the BZA on June 25, and was covered in that week’s edition of the blog.
Mr. McGill presented two different proposals for the new sign: one at 40.22 square feet and another at 30.03 square feet. He also submitted a letter from the property owner that attested that only Bluebird Fiber would be the only tenant in the building allowed to put up a sign there for their business.
The Board moved to approve the requested variance with the 40.22 square foot option.
Ben Robinson is the author of This Week at City Hall, and an Urban Planning and Design Student at UMKC. He is a Kansas City native, having lived on both sides of the state line. From a young age, Ben has been interested in neighborhoods, communities, and the built environment, but only discovered the field of Urban Planning in college. He is now committed to a career in the profession, and is excited about using his education to support and grow the city he grew up in.
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