Board of Adjustment Agenda and Packet 2011 04 20

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All of the homes in the Treehaven Subdivision have detached garages. Although the applicant’s proposed design includes a garage that is technically “attached” to the primary structure, the two structures maintain an appearance of being separated as the roof line over the breezeway/mudroom is substantially lower than the primary roof lines of both the garage and the home. This design accommodation helps to maintain the appearance of a garage that is detached from the principle structure. The proposed design 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 Staff finds this criterion has been met. property. 6.That the variance, if granted, is the minimum variance that will afford relief and is the least modification possible of the provisions of Title 17 of the Louisville Municipal Code that is in question. The applicant has requested to encroach 12.5 feet into the primary structure rear setback to construct a third bay on an existing two car garage. If granted, the setback variance would be the minimum amount of relief necessary to permit the applicant to construct the Staff finds this criterion has been met. desired improvement. PUBLIC COMMENTS: Public notice was mailed to all property owners within 500 feet of the subject property. Staff has received comments from four surrounding property owners in support of the proposed variance. These letters are included as Attachment 3. If additional comments are received prior to the hearing, that information will be presented at the hearing. STAFF COMMENTS AND BOARD ACTION: Staff finds that variance criteria 1, 2, and 3 in Section 17.48.110 of the LMC have not been met and therefore recommends denial of the variance request. The Board may approve (with or without condition or modification), deny, or continue the application to a future meeting for additional consideration. The Board may also request additional information if they feel it is needed for their proper consideration of the variance application. The Board will need to make a determination based on the application as it has been submitted. If the Board desires the applicant to make changes to the application that would affect the extent of the variance requested, staff recommends the Board continue the hearing to a later date. The Board needs to find that all six variance criteria, insofar as applicable, have been met in order to grant approval of a variance. If the Board wishes to deny the variance requests, staff recommends passing a motion denying the variance indicating which criteria for approval have not been met. If the Board determines that the variances meet all of the criteria for approval, staff recommends passing a motion approving the variance request. ATTACHMENT 1. Applicant Information 2. Site Plan 3. Public Comment Received 4