Board of Adjustment Agenda and Packet 2011 12 21

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Breyfogle fence variance request, November 2011 Overview of Request We are requesting a variance to build an 8 foot tall cedar fence along the back of our property located at 1035 West Willow Street, Louisville, Co 80027 to replace a 6 foot tall fence. Only the fence along the back sides of the property is in question. and none of the side or front fences. This will afford us the same 8 foot tall visual barrier to McCaslin that we had before the City of Louisville tore down their fence this fall. Zoning Variance Request - 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 Me affected property; The topography of the area is such that from McCaslin Blvd. and the sidewalk that runs on the east side of it, the ground slopes down to the fence Tine. Due to the slope, a 6 foot high fence really only has an effective height of around 2 or 3 feet at most. 2. That the unusual circumstances or conditions do not exist throughout the neighborhood or district in which the property is located; McCaslin Blvd was moved to its current location 20 or more years ago, and at the time it was moved and widened the City of Louisville installed an 8 foot tall fence to mitigate the effect of the road on the property in question. 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); The use of a 6 foot high fence is not sufficient to provide a reasonable expectation of privacy given the topography and proximity of McCaslin Blvd. 4. That such unnecessary Hardship has not been created by the applicant; The hardship was created initially when McCaslin was moved and widened, and more recently when the City of Louisville chose to remove the 8 foot tall fence that was installed to mitigate the effects of the proximity of the road and topographical relationship of the road with the adjacent homes. S. 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; Granting of this variance request will put the property back to where it has been for over 20 years, with an 8 foot fence along McCaslin. This will have no effect on use or development of adjacent properties. 6. That the variance, if granted, is a minimum variance that will afford relief and is the least modification possible of the provisions of this title (Louisville zoning code) which are in question. An 8 foot fence will provide the affected homeowners the same amount of visual barrier from McCaslin as they had before the city of Louisville tore down their 8 foot fence. It will not however offer the same amount of sound barrier that having two layers of fence provided for the last 20+ years.