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Zoning Board Considers Controversial Variance for Front Porch

July 17, 2024 | Miami County, Kansas


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Zoning Board Considers Controversial Variance for Front Porch
In a recent government meeting, the Board of Zoning Appeals discussed a variance request from the property owner of a residence located at 27515 Old Kansas City Road. The owner seeks to construct a new porch to replace an existing deteriorating wheelchair ramp, which currently provides access to the front door. The house, built in 1977, predates current zoning regulations and already encroaches on the front yard setback by approximately 16 feet.

The proposed porch will not extend further into the setback than the existing structure, maintaining the current encroachment. However, zoning regulations stipulate that any improvements to nonconforming structures cannot increase their nonconformity. The staff noted that while the request could be seen as creating a need for a variance, it is also argued that the existing conditions of the property warrant consideration.

Staff recommendations highlighted that the variance would not adversely affect adjacent property owners, as no opposition was received during the notification process. They emphasized that strict adherence to zoning regulations would impose unnecessary hardship on the property owner, as it would require relocating the entire house to comply.

The board was informed that the proposed addition would not impact public health, safety, or welfare, and would not hinder potential future road expansions. The staff concluded that the construction of the porch, which would not extend beyond the existing garage, represents the least amount necessary to provide relief to the homeowner.

Ultimately, the staff recommended approval of the variance, citing that the unique circumstances of the property, the lack of opposition from neighbors, and the minimal impact on the surrounding area support the request. The board is expected to make a decision based on these findings in the coming weeks.

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