Board of Adjustment Agenda and Packet 2013 06 19

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3 of the LMC. The BOA may grant a variance only if it makes findings that all of the criteria, as established under Section 17.48.110.B.1-6, have been satisfied, insofar as applicable: The applicant has provided a written analysis of the variance criteria, which has been included in the BOA packet materials. Following is a staff review and analysis of the variance criteria. 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 that the existing home on the lot was originally constructed 53 feet from the front property line. The minimum front setback for the property is 20 feet. The home is setback an additional 33 feet from the minimum setback. The location of the existing home is a unique physical circumstance that 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. The aerial photograph to the right illustrates all of the lots on this block of Grant Avenue are of similar size. Although there are varying front setbacks on this street, the home on the subject property is setback further from the front property line than any other home on this section of Grant Avenue. The unusually long front setback is a condition that does not exist throughout the neighborhood in which the property is located. 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 identified unique front building setback does not prohibit the property from being reasonably developed in conformity with the provisions of the Municipal Code. Staff finds that reasonable development of a residential property should include the ability to construct a garage; however, a detached garage could be constructed in the back yard which meets the accessory structure setback requirements of the Old Town Overlay District regulations. There is 31 feet between the existing house and the rear property line. The proposed 24 foot by 24 foot garage could fit in this location in conformity with the requirements of the LMC. 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 that because there is room for additional development on the site in conformance with the