Board of Adjustment Agenda and Packet 2011 11 16

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existing grade to meet the requirements of the LMC. According to the applicant, elevating the sheds to tlus height would "prevent(s) eye level contact and a direct exchange between vendor and customer." For this reason, the applicant requests a variance to Section 17.56.160.2.B of the LMC to permit the vendor sheds to have their lowest floor at an elevation which is less than two feet above the base flood elevation on the FEMA map. FLOODPLAIN PERMIT AND VARIANCE CRITERIA: The Board of Adjustment has authority to hear and decide, grant or deny this application for a Floodplain Development Permit and a variance to flood regulatory district regulations pursuant to the powers granted the Board in § 17.56.210.B of the Louisville Municipal Code. The Board may grant a permit only if it makes findings that all of the applicable criteria as established under § 17.56.160 A-F have been satisfied, and by finding that the conditions for granting a variance in § 17.56.240.0 1-5 have been met. The following is an overview of the proposals compliance with Section 17.56.160 and section 17.56.240 C of the LMC. Floodplain Development Permit Criteria • 17.56.160 A. Flood District Encroachments: "The cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot at any point. Certification by a registered professional engineer stating that any encroachment shall not result in such an increase in flood levels during the occurrence of a 100 year flood shall be required." The applicant has demonstrated that the vendor sheds will be placed on a skids and "wet flood proofed" in accordance with FEMA regulations (see applicant's explanation in attachment 1). The wet floodproof design will allow for the entry and exit of water underneath the vendor sheds. By allowing water to move through the sheds in a flood event, the water surface elevation of the base flood will not increase. Staff finds this criterion has been met. • 17.56.160 B. Structures: 1. "Structures will have low flood damage" 2. The structure or structures, if permitted, will be constructed and placed on the building site so as to offer the minimum obstruction to the flow of floodwaters. Whenever possible, structures will be constructed with the longitudinal axis parallel to the direction of flow of floodwaters, and so far as practicable, structures will be placed so their longitudinal axes are approximately on the same line as those of adjoining structures. 3. Structures will be firmly anchored as required by this section to prevent the structure from floating away and thus threatening to further restrict bridge openings and other restricted sections of the stream or river. 4. The lowest floor, including the basement floor, of any structure to be erected, constructed, reconstructed, or moved on the floodplain shall be constructed on fill at or above the elevation or level required by this section for the particular area and use specified, and the fill shall extend at such elevation at least 15 feet beyond the limits of any structure or building erected thereon. The vendor sheds will be "wet flood proofed" in accordance with FEMA standards which will result in low flood damage to the sheds themselves and also offer minimal obstruction to the flow of floodwaters in the event of a flood. The applicant has stated the structures will be tied down 3