- Application for Variance/Appeal(.pdf file)
Step 1 - Pre-Application Meeting:
It is recommended that the applicant meet with the staff prior to submitting an application. This meeting gives the staff the opportunity to identify issues that may be able to be addressed prior to the application being submitted and to identify particular drawings or information that may be needed in conjunction with the application. In addition, the meeting allows the applicant to explain some of the development issues that shaped the design of the project and to ask questions regarding appeal or variance procedures. This exchange of information can often make the rest of the process go more smoothly.
It is not necessary to have detailed plans drawn prior to the pre-application meeting. However, the more information that can be brought to the meeting (even in sketch form), the more thorough and specific the staff can be in its response.
The staff members attending the meeting will typically answer as many questions as possible and give an initial reaction to the variance or appeal request. It is important to point out that any staff feedback from a pre-application meeting is preliminary. The staff cannot guarantee that all relevant issues will be identified at this initial meeting or that the initial reaction of an individual staff member will reflect the final staff recommendation.
Step 2 - Making an Application:
Zoning: Applications for zoning variances and deviations, nonconforming situation permits, and zoning appeals can be obtained and filed at the Planning counter on the second floor of City Hall. Contact the Planner of the Day (913/895-6217, pod@opkansas.org) for information or to have an application(.pdf file)form faxed to you. Once a completed application is received, it will be assigned to a specific meeting of either the Board of Zoning Appeals or the Planning Commission. Variance requests require that the applicant send out written notice of the application to property owners within a 200-foot radius of the property in question prior to the meeting. Instructions on sending this notice will be given to the applicant along with an affidavit that must be completed after the mailing is done. The application fee for zoning variances and appeals is $120. Zoning deviations are normally handled as part of a final development plan application, and the fee varies from $150 to $500 depending upon the size of the project. There is no fee for a nonconforming situation permit.
Building Code: Applications for a building code appeal or variance can be downloaded here(.pdf file)or obtained at the Building Safety counter on second floor of City Hall. Contact the Plans Examiner of the Day, 913/895-6225, peod@opkansas.org, for more information or to have an application form faxed. The applicant will be contacted with the date of the meeting once it has been set. A notice is published in the City newspaper, but written notice to adjacent property owners is not required. The application fee is $150.
Engineering: A public works variance can be requested by contacting either the Administrator of Engineering Services or the Director of Public Works. Although there is no application form, the nature of the request and the justification for the variance should be submitted in written form. The variance will normally be considered at the next regularly scheduled meeting of the Public Works Committee if it is received by the 10th of the month. There is no application fee.
All variance and appeal applications are reviewed by the staff and a written staff report and recommendation is prepared by the staff for the appropriate decision-making body. A copy of this staff report will be made available to the applicant prior to the meeting at which it is reviewed.
At the meeting, the staff will be asked to give a brief presentation. Next, the applicant will be able to make a presentation. Finally, any members of the public who are affected by the application will be given an opportunity to speak. Items heard by the Board of Zoning Appeals must receive at least affirmative 4 votes to be approved. Items heard by the Code Board of Appeals must receive 3 affirmative votes to be approved. Items reviewed by the Public Works Committee and the City Council must received a majority vote to be approved.