Mixed-use development on 39th Street, infill developments in Midtown, and unpermitted construction in Independence Plaza.
- Armour Fields
- Armour Hills
- Brookside Park
- East Swope Highlands
- Forgotten Homes
- Independence Plaza
- Northeast Industrial District
- Northland
- Roanoke
- Volker
- Westport
- Westside
City Plan Commission
Wednesday, June 4th at 9am
The City Plan Commission was attended last week by Chairman Coby Crowl and Commissioners Sean Arkin, Forestine Beasley, Tyler Enders, and Luis Padilla.
CD-CPC-2025-00054, CD-CPC-2025-00055, and CD-CPC-2025-00056 requested a rezoning from low-density residential to mixed use neighborhood at 3809 Roanoke Rd in the Volker and Roanoke neighborhoods to allow for the construction of a four story multi-family residential building with limited commercial space. Staff Planner Genevieve Kohn-Smith along with Kurt Peterson, a representative for the applicant (Hickok Homes), presented the case.
The proposed building would include 73 dwelling units and an equal number of parking spaces (in an underground garage), along with a lobby and commercial space on the first floor at the southwest corner of 39th St and Roanoke Rd. Attention was also given in the plans to streetscape improvements such as planters and specialty paving.
Along with the rezoning request, the applicant also requests approval of the project with three deviations from the lot and building standards. The first and second deviations concern the rear and side setbacks. Because the proposed building would abut residential zones, it is required to use their setbacks. Instead, Hickok Homes wishes to build up to the property line in order to maximize use of space.
The third deviation concerns the minimum lot area per unit. The required minimum is 400 square feet of lot area per unit, and the developer requests that they be permitted to build one unit per 348 square feet of lot area.
There was discussion and inquiry from the commission about issues such as traffic, parking, and noise. Mr. Peterson confirmed the 1:1 ratio of units to parking spaces, and argued that while residents might find it difficult to live there with two vehicles, most in that situation will simply look to live elsewhere. Instead, he argued, Hickok Homes target market is young professionals that may not even own one car, looking for walkable neighborhoods. The same principle of self-selection, he argued, applies to residents’ comfort with street noise and traffic.
Amanda Butler, a representative of the Volker Neighborhood Association and Mark Latham, Vice President of the Roanoke Homeowners Association were among the community members who gave public testimony against this development. The majority of public commenters were in opposition for several reasons, primarily concerns over the increased scale and different character of the proposed building from the existing built environment. Ancillary concerns included parking, traffic, adherence to the Midtown Area Plan, and affordability of the proposed units.
Mr. Peterson, for his part, provided that he was unsure of exact figures, but guessed an average monthly rent of about $1400, though this would vary depending on floor plan.
Also of note is that Hickok Homes purchased the house directly to the north of the property to avoid friction regarding their proposed building abutting it. Peterson said that they plan to maintain the house and treat it as a rental property. However, public testimonies criticized this as a “power move”. Peterson clarified that Hickok Homes had promised to neighbors that they would not demolish the house, and he again promised that on the record.
Public engagement has been ongoing since 2022, and several changes have been made to the plans including: reducing the number of units and stories, increasing the setback against 39th street, removing balconies, and changing the architectural detailing.
After much deliberation, the Commission moved to recommend approval of these cases.
CD-SUP-2021-00017 and CD-SUP-2021-00018 concerned the revocation of two special use permits (SUPs) at 2802 E 9th St in the Independence Plaza Neighborhood that were approved in 2021 and allowed for motor vehicle sales and repair. Staff Planner Ahnna Nanoski presented the case for the city. Nanoski recommended revocation of the SUP due to the construction of a building on the site without permits and with significant deviations from the approved plans from 2021. This building, since it was not permitted, cannot be confirmed to be within building code. The building was also occupied without a certificate, and the business at the site continued to operate after “Do Not Occupy” orders were issued.
Additionally, a pre-existing structure was demolished on the site without permits, in order to build the new noncompliant building.
The property owner, Hakim Qadi, attended the meeting over Zoom and provided testimony. He submitted that there had been some confusion and miscommunication between himself and the city. The building that was erected on the site without permits was built on the foundation of the demolished structure. Qadi attested that he intended this structure to be temporary, and eventually used for storage after the principal structure (in the approved plans) was completed. He continued, saying that he was told he would not need a permit to build a structure under 200 square feet, though city staff present at the meeting clarified that this rule only applies to residential structures, and not commercial. Qadi also reported attempting to submit the site plans for the noncompliant structure over the past few months, but was unsuccessful.
Commissioner Tyler Enders inquired about the condition of the site today and the property owner’s vision for it in the next few years. Qadi responded that he believed the condition of the site to be greatly improved and that the grading had been done. He envisions a completion of redevelopment to where the site could operate as a car sales and repair facility as was approved in the original SUPs. Enders agreed that there had been noncompliance with the previous SUPs, but expressed concern about revocation creating a less desirable property and further stalled development. Nanoski supplied that the property owner can submit new SUPs with new plans, but that revocation of the violated SUPs was still recommended given that they can no longer meet the originally submitted plans.
The CPC unanimously moved to recommend revocation of the SUPs and was advanced with that commission’s recommendation to the BZA this week where Nanoski presented it to the Board. Qadi did not attend the meeting. After presentation of the facts of the case, and with no public comment, the BZA moved unanimously to revoke the special use permits attached to these cases.
Board of Zoning Adjustments
Wednesday, June 11th at 9am
The Board of Zoning Adjustments was attended this week by Chairperson Mark Ebbitts, Tom Gorenc, Emerson “Jaz” Hays, and Michael Meier.
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. This item was on the consent docket, requesting a continuance to June 25. The board moved to continue without deliberation.
CD-BZA-2025-00060 requested approval of a variance to the minimum buildable lot area to permit an additional unit in an existing six-plex apartment building at 516 W 39th Ter in Westport. This item was on the consent docket, requesting a continuance to June 25. The board moved to continue without deliberation.
CD-BZA-2025-00059 requested approval of a variance to the accessory building standards to permit construction of a detached garage in the rear of the property at 8308 E 67th St in the East Swope Highlands neighborhood. This item was on the consent docket, requesting a continuance to June 25. The board moved to continue without deliberation.
CD-SUP-2025-00016 requested approval of a special use permit for the expansion of The Daniel Academy, located at 310 W 106th St near the Red Bridge neighborhood, to build a new gymnasium, parking lot, and a recreational field. Staff planner Stephanie Saldari presented this case. Applicant Dalton Singer was unable to attend the meeting, but representatives Patrick Joyce, Jonathan Lee, and Kevin Corlew were present via zoom to provide testimony.
The proposed building for the site exceeds the maximum height and building area allowed by the existing low-density residential zoning (R-7.5). For this reason, the applicant is requesting variances to each of those requirements. Staff reported that the project was generally expected not to disrupt the neighborhood as far as lighting, noise, and exposure from shade. Public engagement garnered suggestions from the property’s neighbors to include trees, shrubs, and a fence to further mitigate this.
Public comment from community member Kevin Barthall concerned the height of the proposed fence and assurance that recreational field netting would be maintained. Mr. Lee testified that field netting would be maintained. The fence, which bounds the parking lot, would sit at the base of a steep hill, reducing its effect to block headlights. Applicants agreed to move the fence up the hill closer to the edge of the lot, and the Board moved to formalize this with a revised site plan, and granted approval with stated revisions.
CD-BZA-2025-00056 requested approval of a variance to the separation requirements for a garage or accessory structure from a house located at 7 E 65th Ter in Armour Hills. Staff planner Alec Gustafson, the applicant and builder Dwayne Hodges, and property owner Gayla Brockman presented this case. The applicants explained that their current detached garage is unable to accommodate two vehicles, and they want to build a new one in order to achieve this. The new proposed structure would sit 2’ 1 ¼” closer to the house than is permitted by the R-6 zoning of the property. Applicants explained this is due to there being a rear easement that wouldn’t allow them to build the garage further into the backyard.
Upon clarifying the request and confirming that there was no neighborhood opposition, the Board moved to approve the variance.
CD-BZA-2025-00061 requested approval of a variance to the maximum width of a building in an infill residential context area at 8312 Campbell St in the Waldo Tower neighborhood. Staff planner Alec Gustafson and applicant Hannah Gray presented the case. The proposed building width exceeds the requirements of infill zoning code, because according to Section 88-110-07-D-4(b) The building width shall not exceed 125% of the widest of the two nearest buildings in the infill residential context area. In this case, that is 35ft, meaning the proposed house could not exceed 43.75ft. Instead, the proposed plans request a variance of about ten additional feet of width.
Gray went on to explain that the steep grade in the rear of the property prevents building the house further in that direction, and is requesting this variance to get slightly more floor area to the sides instead. Additionally, she explained that while the two properties to the left and right of the site are only 35 ft wide, several other houses in the neighborhood, some even on the same street, are about as wide as the proposed structure. She reported that neighbors were not concerned about the requested variance, and the Board moved to approve the variance.
CD-BZA-2025-00062 requested approval of a variance to the rear and side setback standards in an infill residential context area at 716 W Gregory Blvd in Armour Fields. These variances would allow for an extension of the garage to accommodate cars and an ADA accessible elevator. Staff Planner Alec Gustafson and applicant Matthew Lero (architect for the property owners) presented the case.
Gustafson explained that while an elevator could be placed elsewhere in the house, it would defeat the intended purpose of having it in the garage. Lero expanded on this, submitting that the owners are preparing to age in place, and want an elevator in the garage so to get directly from their vehicle inside the house. They had explored other plans, but, according to Lero, in order to maintain facade character, parking space, and allow for accessibility, the submitted design was best.
The Board inquired about comments from neighborhood associations. Lero reported that he had contacted the Armour Fields Homes Association, and that they were not in favor of a variance. He said that speaking to a Mr. Jance, from the Homes Association, “his feeling was that if they’re able to make the stairs now, that they don’t necessarily need a variance.” Continuing, he reported that the position of the Homes Association is generally to push back against all variance requests. However, speaking to immediate neighbors, Lero reported positive feedback.
The Board confirmed that there would be no significant change in the facade from the street, and moved to approve the variances.
CD-BZA-2025-00064 requested approval of a variance to the accessory dwelling unit (ADU) standards to permit a smaller setback and larger footprint at 115 E 58th St in the Brookside Park neighborhood. Staff planner Stephanie Saldari, applicant Craig Shaw (Shaw Hofstra + Associates, architects for the project) and property owner Jon McGraw presented the case.
The applicants are seeking to build a new detached garage with an ADU and deck on the second floor for the property owners’ parents. Three variances were requested to achieve the proposed plans, though the third was rescinded upon clarification. The first variance concerned the floor area ratio of the proposed structure, exceeding code by 147.72 square feet. Staff clarified that this variance was triggered by the addition of the ADU on top of the detached garage, and not due to an increase in width or depth, as the proposed garage would be built on the same footprint as the existing detached garage.
The second variance concerned the setback of the proposed structure from the east property line, allowing it to be built 3.6 ft from the property line instead of the required 5 ft for ADUs. No significant change would be anticipated, as the proposed structure would be built on the same foundation as the existing garage.
The third variance, concerning separation requirements for ADUs, requested that the ADU’s proposed deck be permitted to be built such that it would be 3.38 ft closer to an existing gazebo than is allowed. The property owner, Mr. McGraw, clarified that this was no longer needed, as the proposed size of the deck had been reduced in the latest plans.
Mr. McGraw explained that in addition to providing eventual housing for his or his spouse’s parents, replacement of the existing detached garage was necessary due to deterioration from water runoff, providing photos. He also gave precedent for what he believed were other similar ADUs in the vicinity of the property, namely at 5814 Grand Ave. Ahnna Nanoski, staff planner assisting the board, added that ADU standards were introduced into law in 2002, and the property named did not have a permit attached for an ADU. Board member Hays confirmed that these structures might be ADUs but staff could not confirm or deny that they are.
Board members confirmed that building material and facade would match the principal structure and moved to approve the variance.
CD-BZA-2024-00134 sought a special exception for a fence constructed without the necessary permit at 10435 Wornall Rd, near the Red Bridge neighborhood. The fence exceeds the permitted height of 4 ft in the street side yard and front yard by 2 ft for a 6 ft height total. Staff planner Connor Tomlin and applicant and property owner Bria Clemmons presented the case.
Mrs. Clemmons laid out her justifications for requesting the special exception. The side yard fence abuts Wornall Rd, which sees heavy traffic, and the property line ends just before a steep grade up to the sidewalk. Mrs. Clemmons has two three-year-old children, and built the fence at its present height for their safety and for the privacy of their family. She also owns a large dog, and the added fence height adds a measure of security to pedestrians nearby. Other properties in the neighborhood have fences which exceed the maximum height requirements, and are under investigation, although these could provide precedent for this special exception.
Community member Kevin Corlew gave public testimony, expressing concern about the extension of the east side yard fence to the front yard at 6 ft tall. Staff Planner Connor Tomlin and Inspector James Duddy concurred that this extension is still considered a side yard fence, and would not require an additional exception.
The Board noted that there had been previous hearings, and inquired of any changes in the facts of the case. Mrs. Clemmons clarified that she and her family had been out of the country for an extended period of time, and that she had taken time to further consult with neighbors. After consideration, the Board granted the exception.
CD-BZA-2025-00054 requested approval of a variance to allow the construction of a driveway in an infill residential area at 3023 E 6th St in the Independence Plaza Neighborhood. Staff Planner Alec Gustafson and applicant Aaron Vanderpool presented this case.
Mr. Vanderpool is the owner and lives in the main structure on this parcel, renting out the carriage house that is to the rear of the property, and abuts an improved alleyway bisecting the block between E 6th St. and E 7th St. Infill ordinance does not permit the construction of a driveway when an improved alley is already present, unless 51% or more of the homes in a 200 ft buffer already have a driveway.
Mr. Vanderpool’s tenant currently parks in the rear of the property, next to the carriage house, off the improved alleyway. While the front yard is gated, this rear lot is unprotected. Reporting previous theft of vehicles on the street, the applicant argued that for peace of mind, and for the protection of property, he wished to build a driveway that is accessed at the front of the parcel for his tenant to park on.
Staff reported that although the back lot could be expanded, there is a steep grade change from it to the back patio of Mr. Vanderpool’s house, and significant regrading would be necessary to achieve this. The Board agreed and moved to approve the variance.
CD-SUP-2025-00015 requested approval of a special use permit for general manufacturing located at 4950 Stillwell Ave in the Northeast Industrial District. Staff Planner Larisa Chambi, applicant Lindsey Leiker with co-representatives Rodney Ladel and Jacob Cunningham presented the case.
The site is a recycling facility for pallets. Pallets not able to be resold are mulched. After two fires occurred on the site, city staff visited to speak to the applicants, and discovered some code violations, primarily regarding fire and floodplain. After collaboration with staff, a new plan was drafted to address these and other nascent issues.
The applicants spoke to the public good of the facility, diminishing the load for trash facilities, and 100% recycling the pallets they receive. Mr. Cunningham reported working with planning staff as well as the KCFD to bring the facilities into compliance by moving mulching operations and obtaining a floodplain development permit. The Board moved to grant the special use permit.
CD-BZA-2025-00065 requested approval of two variances to the infill lot and building standards to permit the construction of a two-story single-family home at 1218 W 21st Street in the Westside Neighborhood. Staff planner Stephanie Saldari and applicant Jaime Lanning, the property owner’s architect, presented the case.
The first variance concerned permission to build the house at a 2% increase in the building coverage. The lot area is 3,000 square feet, and since maximum building coverage for infill development may not exceed 50%, the largest the house could be built is 1500 square feet. Ms. Lanning was seeking to build the house at a total of 1,530 square feet.
The second variance dealt with the same infill standards, but this time for height requirements. Under code, the proposed building would not be allowed to exceed the height of the two closest houses, limiting it to 12 feet. The proposed height exceeded this by 7.22 feet, totaling 19.22 feet in height.
Ms. Lanning explained that the previous home, which was demolished in 2024, was two stories in height. The former resident of that home still owns the lot and wishes to rebuild so she can move back in.
Public comment was received via Zoom by Mr. Richard Hernandez. He commented that the neighborhood had not been sufficiently notified about the project and that only one signature from neighbors had been captured affirming consent. Hernandez also took issue with the plans not being made available until last Friday (6/6/2025). The applicant and staff responded, saying that legal ads were posted as required, approximately one month ago, but that plans were not required to be sent to the neighborhood, given the nature of this project.
The Board inquired as to whether or not the height of the building could be diminished. Ms. Lanning said that while roof pitch might be modified, it would go against industry standards for buildings of this type. Staff planner Saldari added that roofs are not included in the city’s height requirements for infill homes.
The Board also made note of the other homes in the area, many of which are also two-stories. Chairman Ebbitts commented that it wasn’t as if she was “building a two-story house in a sea of ranches.” Given this, the Board moved to grant the requested variances.
CD-SUP-2025-00017 requested the renewal of a special use permit at the northwest corner of North Congress Ave and Northwest Old Tiffany Springs Rd in the Northland which permitted the construction of a gas station and convenience store. Staff Planner Matthew Barnes presented the case with the applicant, Johnathon Phillips, the builder for the project.
The original permit for this site had been approved in 2022, and required renewal as construction had not concluded. The Board inquired as to why this was, and Mr. Phillips responded that there had been financial issues that halted construction, as well as concerns over utilities reaching the site. However, these have reportedly since been resolved.
Board Member Gorenc expressed some concern, as there are several gas stations already in the area, including one across the street from the site that was constructed after the applicant was granted the original SUP. However, given that the project was reportedly near conclusion, the Board voted unanimously to approve the renewal.
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.
Leave a Reply