Board of Adjustment Agenda and Packet 2013 04 17

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The proposed 24 foot by 24 foot garage could fit in this location in conformity with the requirements of the LMC. The proposed second story living space would likely not fit under the 20 foot accessory structure height limit; however, there is 33 feet between the front of the existing house to the front setback line that is also available for an addition to the existing house. Staff finds there is room for additional development on the site in conformance with the Municipal Code which will allow the home to be reasonably developed. Staff finds this criterion has not been met. 4. That such unnecessary hardship has not been created by the applicant. The house was built in its present location in 1974. The location of the home and the large front setback does not prevent a detached garage from being constructed consistent with the LMC. However, the large front setback of the home does prevent the homeowner from constructing an attached garage consistent with the LMC. The applicant did not create the hardship of an excessive front setback for the construction of an attached garage. 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, if approved would permit the construction of a 27 foot tall structure within 3 feet of the rear property line. A structure of this height on the rear property line would be out of character with the surrounding neighborhood. Staff finds this criterion has not 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 is not the minimum amount of variance that will afford the applicant relief in the form of a functional garage. As stated earlier in this report, staff finds that the addition of a garage could be accommodated within the requirements of the Louisville Municipal Code. The proposed 27 foot tall garage with additional living area on the second floor encroaches 22 feet into the required 25 foot rear setback. Staff finds that the proposed variance is not the minimum variance that will afford the applicant relief. Staff finds this criterion has not been met. PUBLIC COMMENTS: Public notice was mailed to all property owners within 500 feet of the subject property. At the time of this report’s creation, staff had not received any comments regarding the application. If additional comments are received prior to the hearing, that information will be presented at the hearing. STAFF COMMENTS AND BOARD ACTION: Staff finds variance criteria 3, 5, and 6 in Section 17.48.110 of the LMC have not been met and therefore recommends denial of the variance request. 4