Board of Adjustment Agenda and Packet 2013 06 19

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4 Municipal Code, the requirements of the code are not preventing the property from being 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 Old Town Overlay District regulations permit structures to be located on the rear property line adjacent to an alley provided they are detached from the principal structure, and a maximum of 20 feet tall. This regulation helps to break up the massing of structures close to the rear property line. The applicant’s design attempts to accomplish this and adhere to the essential character of the neighborhood by creating a one story, six foot wide separation between the house and the 20 foot tall garage. Staff finds that this separation, coupled with the 20 foot tall garage structure, create the appearance of two separate structures, which do not alter the essential character of the surrounding neighborhood. 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 proposed 20 foot tall attached garage with additional living area on the second floor encroaches 24 feet into the required 25 foot rear setback. Staff finds the proposed variance is the minimum variance that will afford the applicant relief in the form of a usable garage, which has the appearance of being detached from the principal structure. Staff finds this criterion has 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 in Section 17.48.110 of the LMC has not been met and therefore recommends denial of the variance request. The Board may approve (with or without condition or modification), deny, or continue the application to a future meeting for additional consideration. The Board may also request