Board of Adjustment Agenda and Packet 2013 05 15

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difference between the sidewalk and the elevation of the main floor. The applicant’s home is also located much closer to the property line (9 feet) than the other two similarly situated homes. The identified unusual circumstances do not exist throughout 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. The steep grade between the patio door on the east side of the building and the eastern property line does not enable the area to be developed for outdoor use. For the area to be easonably utilized as outdoor space, the side yard must be levreled through the provision t enable this reasonable use. Staff finds this riterion has been met. house or complete the grading of 2147 Park Lane. The has been met. lief and is x foot tall fence section adjacent to the sliding door patio area of of a retaining structure and the introduction of fill material. Evening out the grade results in a situation where the patio area adjacent to the patio door is significantly elevated above the sidewalk. The side yard was obviously intended for outdoor use as the sliding door on the east side of the home leads from an indoor dining area out to a concrete patio. The proximity of the house to the side property line (9 feet) makes it difficult to use landscaping or other materials to provide privacy screening. Staff finds that having privacy in an area intended for outdoor use is a reasonable expectation and the four foot fence height requirement of the Takoda PUD does no c 4. That such unnecessary hardship has not been created by the applicant. he applicant did not construct theT resulting steep side yard was not the result of the applicant’s actions. 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 Takoda subdivision has many properties with fences along the side street. The majority of these fences are adjacent to other residential properties or open space. The applicant’s fence is one of three that would be located next to commercial property. Staff finds the 25 foot section of six foot tall fence will not alter the essential character of the neighborhood, and will provide privacy from the commercial land uses planned to the east. taff finds this criterion S 6. That the variance, if granted, is the minimum variance that will afford re the least modification possible of the provisions of Title 17 of the Louisville Municipal Code that is in question. he applicant requests a siT the house to provide privacy. The six foot section of fence would extend past the patio doors and then go back to four feet tall. This amount of variance is the minimum that will afford relief to the applicant’s privacy concerns. Staff finds this criterion has been met. 4