Board of Adjustment Agenda and Packet 2012 12 19

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lot sizes get smaller, maximum lot coverage allowances increase. In this case, the maximum lot coverage is mismatched to the lot size.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. Section 17.48.110 of the LMC states a variance may only be granted if all criteria, “insofar as applicable,” are met. In this case, where an entire neighborhood appears to be incorrectly zoned, the unusual circumstance by definition exists throughout the neighborhood. Staff has determined that applying this criterion to applications of this sort is not appropriate.Staff finds this criterion is not applicable. 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 current zoning would only allow a 93 square foot expansion of the building’s footprint. This includes decks above 30 inches in height and covered porches, as well as additions. The proposed addition is not overly large, and would be allowed under the more appropriate RL zone district regulations. The applicant is requesting to expand the kitchen and add an entry way on the first floor, and add bedroom space on the second floor. The RE zone district is too restrictive and does not allow reasonable expansion of aging structures.Staff finds this criterion has been met. 4. That such unnecessary hardship has not been created by the applicant. The house was built in 1983 with little to no room for expansion under the existing zoning. The applicant has done nothing to aggravate the situation. 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. The variance will not alter the character of the neighborhood, but instead allow for a modest expansion of a smaller home. This variance will not affect the development potential of adjacent property. If the variance is granted, the area will remain a low-density single-family neighborhood. 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 requested variance would allow only the proposed addition and no more expansion of the building footprint beyond that. The additional square footage requested is modest, and the requested lot coverage is still below that allowed in the more appropriate RL zone district.Staff finds this criterion has been met. 4