Board of Adjustment Agenda and Packet 2012 05 16

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The applicant demolished the existing house on the lot to build a new one. However, the lot and zoning constraints, which are out of the applicant's control, limit the placement of the garage. The alley vacation was brought about by the City relocating sewer lines out of the alley. These factors necessitated the variance application. 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. This variance, if granted, will have almost no effect on surrounding properties as it concerns internal building separations and not lot line setbacks. In addition, as discussed above, the requirement from which relief is being sought will likely soon be changed, allowing any lot to be developed in the same manner. 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 request is to reduce the required 10 foot building separation by two feet and two inches (2'2"). This will allow for a narrow two car garage right against the rear setback, minimizing the encroachment into the required building separation distance. The proposed separation will also meet the requirements of the International Building Code, as adopted by the City. Staff finds this criterion has been met. PUBLIC COMMENTS: Public notice was mailed to all property owners within 500 feet of the subject property. Staff has received no comments regarding this application. If comments are received prior to the hearing, that information will be presented at the hearing. STAFF COMMENTS AND BOARD ACTION: Staff finds that all variance criteria in Section 17.48.110 of the LMC have been met and therefore recommends approval of the variance request. The Board may approve (with or without condition or modification), deny, or continue the application to a future meeting for additional consideration. The Board may also request additional information if they feel it is needed for their proper consideration of the variance application. The Board will need to make a determination based on the application as it has been submitted. If the Board desires the applicant to make changes to the application that would affect the extent of the variance requested, staff recommends the Board continue the hearing to a later date. The Board needs to find that all six variance criteria, insofar as applicable, have been met in order to grant approval of a variance. If the Board wishes to deny the variance request, staff recommends passing a motion denying the variance indicating which criteria for approval have not been met. If the Board determines that the variance meets all of the criteria for approval, staff recommends passing a motion approving the variance request. 4