It’s almost as though they were two separate cases rolled into one.

It’s almost as though they were two separate cases rolled into one.

One case dealt with the intention of reconfiguring an existing lot into four separate lots. Separately, however, one of the four proposed lots contains a burned-out structure that is in violation of city codes.

The Independence Planning Commission unanimously voted Tuesday night to continue the preliminary and final plat of a case in western Independence involving duplexes that were built 50 years ago.

They continued the case until the Aug. 11 minus one component that has caused controversy among East Winner Road and South Arlington Avenue neighbors.

The case’s applicant, BMK Investments LLC, intends to replat the 0.62 acres into four lots.

Four duplex structures were constructed on the single lot in the late 1950s. On one of the four proposed lots, a fire destroyed a duplex about six months ago, though its remains are still partially standing.

Representatives with BMK Investments said they wish to replat the area so the four existing structures will exist on one lot. A verbal agreement has been made with an unidentified party for the giving away of the proposed lot with the burned duplex structure.

Lee’s Summit residents Aaron Guest and Bob Overly spoke as representatives with BMK Investments LLC. As the property’s owner, BMK intends to give away the lot containing the burned-out structure after consulting several real estate agents and determining it was monetarily worthless, Overly said. 

Guest said the party then intends to rebuild on the property using the former duplex’s foundation.

After visiting the site, commission member Lyn Westfall said the former duplex structure is posted as a dangerous building, as well as violating city codes for trash and debris. According to Overly, BMK has until mid-October to resolve the violations.

Leah Burton, who resides at 9732 E. Winner Road, said several neighbors and herself are against the rebuilding of the burned-out structure. She also said the existing four duplexes have no existing yard space, describing the area as “building on top of building.”

“There’s children’s playthings all over the place,” Burton said. “We’ve got out-of-town landlords that aren’t taking care of the properties, and we’ve got much – too much – rental property on this side of town that’s not being taken care of. It’s really a bad eyesore over there.” 

Commission member Lori Harp said she had visited the site and had concerns, as well.

“This one just really disturbs me,” Harp said. “Particularly on that side of the city – that’s an area that we’re working very hard to change the appearance of.” 

 At a July 16 meeting, the city’s Board of Adjustment granted the applicant variances for minimum lot size, depth, side yard setback requirements and rear yard setback requirements.

The planning commission, under the approved motion, also requested that the variances be reconfigured without the fourth proposed lot that contains the burned duplex.