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<br />REVIEW CRITERIA: <br /> <br />The BOA has authority to hear and decide, grant or deny this application for a variance <br />from Section 17.12.050 L of the LMC by the powers granted the BOA in Section 17.48.110 <br />of the LMC. The BOA may grant a variance only if it makes findings that all of the criteria, <br />as established under Section 17.48.110.B.1-6, have been satisfied, insofar as applicable: <br /> <br />The applicant has provided a written analysis of the variance criteria, which has been <br />included in the BOA packet materials. Following is a staff review and analysis of the <br />variance criteria. <br /> <br />1. That there are unique physical circumstances or conditions such as irregularity, <br />narrowness or shallowness of lot, or exceptional <br />topographical or other physical conditions peculiar to <br />the affected property. <br /> <br />The unique physical circumstance in this case is that the <br />existing home on the lot was originally constructed 53 feet <br />from the front property line. The minimum front setback for <br />the property is 20 feet. The home is setback an additional <br />33 feet from the minimum setback. The location of the <br />existing home is a unique physical circumstance that is <br />peculiar to the affected property. Staff finds this criterion <br />has been met. <br /> <br />2. That the unusual circumstances or conditions do not <br />exist throughout the neighborhood or district in which <br />the property is located. <br /> <br />The aerial photograph to the right illustrates all of the lots <br />on this block of Grant Avenue are of similar size. Although <br />there are varying front setbacks on this street, the home on <br />the subject property is setback further from the front <br />property line than any other home on this section of Grant <br />Avenue. The unusually long front setback is a condition <br />that does not exist throughout the neighborhood in which <br />the property is located. Staff finds this criterion has <br />been met. <br /> <br />3. That because of such physical circumstances or conditions, the property cannot <br />reasonably be developed in conformity with the provisions of Title 17 of the <br />Louisville Municipal Code. <br /> <br />The identified unique front building setback does not prohibit the property from being <br />reasonably developed in conformity with the provisions of the Municipal Code. Staff finds <br />that reasonable development of a residential property should include the ability to <br />construct a garage; however, a detached garage could be constructed in the back yard <br />which meets the accessory structure setback requirements of the Old Town Overlay <br />District regulations. There is 31 feet between the existing house and the rear property line. <br /> <br /> 3