Home » Current Planning

Olathe Board of Zoning Appeals

MultiFamily Development

Board of Zoning Appeals Members
Don Whitney, Chair
Phyllis Pacheco
Nathan Turner
Burke Jones
Curtis Talcot

Erik Pollom, Senior Planner
Secretary
(913) 971-8750

The Board of Zoning Appeals is scheduled to meet the second Thursday of every month at 4:00 p.m. in the City Council Chambers. The meetings, however, are dependent upon applications. If no applications are submitted, the meetings are typically cancelled.

The Olathe Board of Zoning Appeals (BZA) is a quasi-judicial body whose function is to hear and act upon appeals and variance requests related to interpretations and requirements of the City’s Unified Development Ordinance (UDO).

The BZA may grant a variance from the specific terms of the Unified Development Ordinance which would not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of the UDO would result in unnecessary hardship for the applicant, and provided that the spirit of the ordinance shall be observed, the public safety and welfare secured and substantial justice done for the applicant.

Note: The BZA doesa not have jurisdiction to grant a variance for property zoned under a planned zoning district classification.

An application for a variance may only be granted upon a finding by the Board that all of the following conditions have been met:

  1. That the variance requested arises from such condition which is unique to the property in question, is not ordinarily found in the same zone or district, and is not created by an action or actions of the property owner or the applicant.

  2. That the granting of the variance will not adversely affect the rights of adjacent property owners or residents.

  3. That the strict application of the provisions of this ordinance would constitute unnecessary hardship upon the property owner represented in the application.

  4. That the variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity or general welfare.

  5. That granting the variance will not be opposed to the general spirit and intent of this ordinance.

Variances shall only be considered after a public hearing has been held, following publication notice and notice to surrounding property owners as provided by UDO Sections 18.12.070 and 18.12.080, respectively. A copy of the publication notice shall also be mailed to the applicant and to the Planning Commission. Proof of mailing and return receipts shall be filed under oath by the applicant with the secretary of the Board of Zoning Appeals prior to the hearing.

For more information, see Section 18.12.350 of the Unified Development Ordinance.