Board of Adjustment Agenda and Packet 2011 12 21

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Over the past twenty years, the City owned fence has fallen into disrepair. Due to concerns the fence would blow down and potentially become a safety hazard, the City removed the fence this past November and elected not to replace it. The three property owners shown in the map above have private fences on the inside (eastern side) of the City owned fence. These fences are also in need of repair and in light of the removal of the City owned fence, the property owners have applied for a variance to replace the fences they own with an eight (8) foot fence. These new fences would be located on private property, in virtually the same area as City owned fence that was recently removed. REVIEW CRITERIA: The BOA has authority to hear and decide, grant or deny this application for a variance from Section 17.16.120.A 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. The three subject properties back onto a curving McCaslin Boulevard, a high volume arterial roadway in the City of Louisville. The presence of McCaslin Boulevard's curve in the backyards of the three subject properties is a unique physical circumstance which introduces noise and light pollution to the affected properties. Staff finds this criterion has been met.