Board of Adjustment Agenda and Packet 2013 07 17

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The lots on the either side of the applicant’s section of Eisenhower Drive have similar topography to the applicant’s property and there are other lots in the Ponderosa subdivision that have similar topographical conditions; however, the slope of the applicants lot is not a condition that exists throughout the subdivision. The majority of the homes in the subdivision are built on flatter lots. 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. Due to the slope of the lot, the main entrance to the home from Eisenhower Drive is on the second story. The existing deck is accessed from the second story where the kitchen and living space are located. The 8 foot wide, 120 square foot deck was originally built on the second story to provide main floor access to outdoor space. Staff finds it is reasonable for a home to have access to outdoor living space on the same floor as the kitchen. The existing eight foot wide deck does not provide sufficient space for outdoor gathering. The extension of the existing deck would provide for a reasonable outdoor gathering space adjacent to the main living area of the house. Staff finds this criterion has been met. 4. That such unnecessary hardship has not been created by the applicant. The steep topography of the lot and the location of the existing deck in the rear setback were not created by the applicant. 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 deck extension will not impair the appropriate use or development of adjacent property. The eastern portion of the deck is set back approximately 17 feet from the property line where the municipal code would permit it to be 7 feet from the property line. The proposed deck is located approximately 90 feet from the home to the south. 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 applicant has requested a variance to allow for a deck located within the required setback on the rear of the property. Staff finds the addition of the deck that encroaches 2 feet into the rear setback is the minimum modification possible to enable the applicant to construct a functional outdoor living space adjacent to the main floor of the house. The encroachment into the rear setback is minimal and does not encroach any further into the setback than the existing previously permitted deck does. Staff finds this criterion has been met. 3