Board of Adjustment Agenda and Packet 2012 05 16

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REVIEW CRITERIA: The BOA has authority to hear and decide, grant or deny this application for a variance from Section 17.16.030.0 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 17.48.110.6.1-6, 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. Because of the vacation of the alley behind 633 Jefferson, there is no alley access to the lot, unlike most lots in the Old Town Overlay District. The Overlay District requires a three foot rear setback for a garage if it is not on an alley, but allows a zero setback if the garage is on an alley. If 633 Jefferson backed to an alley, the garage could be three feet further from the house and meet the 10 foot minimum separation. Because 633 Jefferson is a unique corner lot without alley access, the garage must be three feet further into the lot than a garage on an alley would be. Staff finds this criterion has been met. 2. That the unusual circumstances or conditions do not exist throughout the neighborhood or district in which the property is located. Most lots in Old Town Louisville have alley access, including every other lot on the block of 633 Jefferson. There are several lots in Old Town that do not have alley access, either because they are on a corner or for some other reason, but most lots in the area are served by alleys. 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 LMC requires that all single-family houses provide at least two off-street parking spaces, and it is reasonable to expect those spaces to be provided in a garage. The Old Town Overlay District regulations limit the placement of a garage, requiring certain distances from the front, side, and rear property lines, while mandating that access come off of an alley or side street, if possible. Combined, these requirements create limited choices for the placement of a garage while still allowing a reasonably sized, aesthetically pleasing house and the retention of mature trees on the lot. The proposed garage is placed in about the only reasonable location available for a garage. While the lot could still be developed and utilized without the requested variance, the desire to maximize the size of the house while retaining mature trees, which led to the need for the variance, is reasonable. Staff finds this criterion has been met. 4. That such unnecessary hardship has not been created by the applicant.