Board of Adjustment Agenda and Packet 2011 06 15

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the engineering assumptions generated by J3 Engineering. The Public Works Department agrees with the findings of J3 Engineering and is not concerned with the reduction of the vision clearance area at this intersection. The south side of Paschal Drive's separated sidewalk and landscaped parkway require stop bar location on Kaylix to move forward, allowing the reduction of the required vision clearance area for 1178 Paschal Drive (Lot 5, Block 16, Takoda). REVIEW CRITERIA: The Board of Adjustment (BOA) has authority to hear and decide, grant or deny this application for a variance from the Takoda PUD and Section Sec. 17.16.100 (Vision Clearance Areas) of the Louisville Municipal Code (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 5, Block 16 has only 32 feet of building footprint width along its front elevation. The required vision clearance area consumes 10 feet of this frontage, or 31% of the property's street frontage. More importantly, the unique physical conditions of the Paschal Drive and Kaylix Intersection, the Paschal Drive sidewalk, landscaped parkway locations, and the Kaylix Avenue stop bar location, minimize the vision clearance area triangle requirement on the affected property. As a result, Staff finds unique physical circumstances or conditions that are peculiar to the affected property and adjoining intersection. Staff finds this criterion has been met. 2. That the unusual circumstances or conditions do not exist throughout the neighborhood or district in which the property is located. The parcel's dimensions are not unique to the surrounding neighborhood; however, the parcels corner location and required vision clearance area is unique. Furthermore, the design elements of the intersection of Paschal Drive and Kaylix Avenue provide a unique set of circumstances that are not common throughout the neighborhood. Staff finds this criterion has been met. 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. 4