Board of Adjustment Agenda and Packet 2011 06 15

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BOULDER. CREEK intersection of the lot lines to a distance specified in the regulations. The third side of the triangle is a line across the corner of the lot joining the ends of the other two sides...." Our conclusion is that the above quoted sections of code are somewhat aged, and date to a time when property line and curb were often relatively close, or in some cases, even the same location. Current residential land planning best practices provide wider Right Of Way with detached sidewalks, tree lawns, and increased distance between vehicular travel lanes and property lines. The result is an application of a dated standard to a contemporary design solution resulting in an unintended burdening of the buildable lot footprint. Please find the attached memo and exhibits provided by J3 engineering supporting the request and verifying no reduction in roadway safety would result in the granting of this variance. The Louisville Municipal Code section 17.48.110(B)(1-6) establishes that requirements for 6 specific criteria must be met in order to grant zoning variance. The criteria, as well as our responses are as follows 1. That there are unique physical circumstances or conditions such as irregularity, narrowness or shallowness of lot, or exceptional topography or other physical conditions peculiar to the affected property; a. Patio home lots, by their nature and design, are compact, urban style lot design solutions. Lot 5, Block 16 has only 32 feet of building footprint width along its front elevation and the sight triangle takes 10 feet of this frontage, or 31% of our street frontage. As small lot patio home footprints are generally maximized to their fullest potential with indoor and outdoor living space plus garages, this loss of buildable footprint is a significant hardship. Further, granting the variance would in no way impair the safety of the roadway, based on current traffic engineering best practices, as demonstrated by the attached exhibit. 2. That the unusual circumstances or conditions do not exist throughout the neighborhood or district in which the property is located; a. This condition only exists on a handful of corner lots. 3. That because of such physical circumstances or conditions, the property cannot reasonably be developed in conformity with the provisions of this title (Louisville zoning code); a. The sight triangle renders a portion of the buildable footprint unusable. It is likely that a usable front porch would not be possible on this lot without the variance to allow full use of the buildable footprint. 4. That such unnecessary hardship has not been created by the applicant; 841 Front Street — Louisville, CO 80027 www.LiveBoulderCreek.com p. 303-544-5857 f. 303-544-6099