Board of Adjustment Agenda and Packet 2011 12 21

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2. That the unusual circumstances or conditions do not exist throughout the neighborhood or district in which the property is located. There are 286 homes in the Hillsborough West Subdivision. Of these 286 homes, only 11 (4 %) back onto a regional arterial road (McCaslin or South Boulder Road). Furthermore, only these three homes in question back -up to a regional arterial with a curve. The curve aims headlight directly at the properties. The unusual condition of having a property which backs on a curving regional arterial roadway does not exist throughout the neighborhood in which the property is located. 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. The proximity of the subject properties to McCaslin Boulevard and its curve requires the presence of a tall fence to mitigate impacts from automobile traffic such as noise and headlights. The six foot tall fence allowed by the Louisville Municipal Code does not provide enough protection to permit the properties to be reasonably developed with a buffer from McCaslin Boulevard. Staff finds this criterion has been met. 4. That such unnecessary hardship has not been created by the applicant. The hardship was created by the realignment and widening of the road, and the removal of the existing City owned eight foot tall fence. The property owners who back onto McCaslin did not choose to widen the road, nor did they decide to remove the existing eight foot tall city owned fence which mitigated the impacts from the road. Staff finds this criterion has been met. 5. That the variance. if granted, 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 property. There has been a City of Louisville owned eight foot fence adjacent to McCaslin Boulevard since the late 1980's when McCaslin Boulevard was realigned and widened. That eight foot fence has been a part of the neighborhood for a long time. Constructing a new eight foot tall fence in virtually the same location 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 property. Staff finds this criterion has been met. 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 property owners have requested to install a fence that is the same height (8 feet) as the fence which was removed. The request to construct an eight foot tall fence is the minimum amount of variance that will afford the property owners the relief from McCaslin Boulevard they enjoyed with the previous fence which was removed. Staff finds this criterion has been met.