Board of Adjustment Agenda and Packet 2011 04 20

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REVIEW CRITERIA: The BOA has authority to hear and decide, grant or deny this application for a variance from Section 17.12.050.C of the LMC by the powers granted the BOA in Section 17.48.110 of the LMC. The BOA may grant a variance only if it makes findings that all of the criteria, as established under Section 17.48.110.B.1-6, have been satisfied, insofar as applicable: The applicant has provided a written analysis of the variance criteria, which has been included in the BOA packet materials. Following is a staff review and analysis of the variance criteria. 1.That there are unique physical circumstances or conditions such as irregularity, narrowness or shallowness of lot, or exceptional topographical or other physical conditions peculiar to the affected property. Lot four (4) of the Treehaven Subdivision is 120 feet wide by 170 feet long (20,400 square feet). There are eight lots in the subdivision. The size and dimensions of lot 4 are consistent with six of the seven other lots in the subdivision (one of the lots is approximately 65,000 square feet). Staff did not identify any unique physical Staff finds this circumstances or conditions that are peculiar to the affected property. criterion has not been met. 2.That the unusual circumstances or conditions do not exist throughout the neighborhood or district in which the property is located. Staff did not identify any unusual circumstances or conditions associated with the subject property. The existing parcel is similar in size to the surrounding lots in the Treehaven Subdivision. Staff did not identify any unusual circumstances or conditions of the lot which would prohibit it from being developed in conformance with the Treehaven PUD Staff finds this criterion has not been met. requirements. 3.That because of such physical circumstances or conditions, the property cannot reasonably be developed in conformity with the provisions of Title 17 of the Louisville Municipal Code. The property has been developed with a 3,943 square foot home and a 576 square foot detached two car garage. The addition of a mudroom and a third garage bay can be viewed as reasonable additions to the property, but staff does not find that the physical Staff conditions of the lot have prevented the property from being reasonably developed. finds this criterion has not been met. 4.That such unnecessary hardship has not been created by the applicant. The applicant did not construct the home or design the Treehaven Subdivision. Any Staff finds this criterion has identifiable hardship has not been created by the applicant. been met. 5.That the variance, if granted, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property. 3