Board of Adjustment Agenda and Packet 2013 04 17

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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. The unique physical circumstance in this case is the orientation of the existing home on the lot. The front of the home does not face what the LMC considers to be the front of the lot. This condition is peculiar to the affected property. 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. Staff did identify other similarly situated homes in the neighborhood, but the unusual condition of having a home which does not face what the LMC considers to be the front of the house, is not a condition that is shared by the majority of the neighborhood. 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. Although the Municipal Code technically considers the northern property line to be the front of the property, in actuality it is the side yard of the home. If the LMC did not institute the unique condition, the northern property line would be considered the side of the property, and a six foot fence would be permitted in the proposed location. Fencing in the backyard of a single family home is a reasonable development request, which the provisions of the LMC prohibit. Staff finds this criterion has been met. 4. That such unnecessary hardship has not been created by the applicant. The house was built in its present location in 1975. The applicant did not build the home and orient it as it sits today. 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. Many of the homes in the neighborhood have fences in their side yards. Locating a fence in what is functionally the side yard of the existing home, will not alter the essential character of the neighborhood. The house to the north of the subject property, across Sunnyside St., has a six foot fence in what the LMC considers to be the front yard. 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 the functional side yard of the property to be fenced in with a six foot tall fence. The fence would extend no further than what is the functional front of the home. This minimal variance from the zoning code will afford the applicant the 3