A variance is a waiver from compliance with a specific provision of the zoning regulations that may be granted to a property owner by the Board of Zoning Appeals when practical difficulties or unnecessary hardship would occur from strict application of the zoning requirements of Lenexa's Unified Development Code (UDC).

Procedure:
Because variances can only be granted by the Board of Zoning Appeals under very unique circumstances, and approval is subject to compliance with 6 very strict criteria, it is important that you first contact the Department of Community Development to schedule a pre-application meeting to review your conceptual drawings and the City's requirements and procedures. In some cases, when the property is located in a "planned" zoning district, it may be possible to seek relief from the UDC requirements by applying for a deviation, which is considered by the Planning Commission instead of the Board of Zoning Appeals.

If you decide to pursue a variance, you will need to submit a completed application form, along with the drawings and support documents as outlined in the variance application checklist. Applications may be filed at the Department of Community Development any time between the hours of 8 a.m. and 5 p.m. on or before the filing deadline date. Late submittals will be placed on the next available agenda.

After the City staff reviews your submittal and you have responded to staff comments, the Board of Zoning Appeals will hear the case and hold the required public hearing. The Board will then review the application for compliance with the 6 variance criteria, and approve, approve with conditions or deny the request. The variance criteria and additional procedural information is available in the brochures entitled "Requesting a Variance" and "Board of Zoning Appeals Meetings".

Expiration of Variance:
A variance runs with the land (is permanent) unless otherwise stipulated during the approval process.

Fees:
A non-refundable $150 fee ($35 for a fence application) is due at the time the variance, appeal, or exception application is submitted.

Contacts:
Copies of the application form and checklist (requires Adobe Acrobat), brochures, filing deadlines and meeting schedule are available in the Department of Community Development at City Hall, or contact LuAnne Johnson, Executive Assistant, at (913) 477-7729.

To discuss whether your issue should be heard, contact Gil Pintar, Development Review Administrator, (913) 477-7712.