Board of Adjustment Agenda and Packet 2013 09 18

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The unique physical circumstance in this case is that the lot is 7,413 square feet smaller than the minimum allowed lot size in the RE zone district. The lot is also 381 square feet smaller than the average lot in the Pine Street Park Subdivision, and 209 square feet smaller than the average of the 14 lots that surround it. 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. n the subdivision are smaller than the minimum lot size, the unusual circumstance by definition exists throughout the neighborhood. Staff has determined that applying this criterion to applications of this sort is not appropriate. Staff finds this criterion is not applicable. 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 current zoning does not allow any expansion of the . This includes decks above 30 inches in height and covered porches, as well as additions. The proposed deck and storage area addition is 258 square feet which is 99 feet larger than the existing 159 square foot deck. The existing deck was 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 159 square foot deck does not provide sufficient space for outdoor cooking and dining. 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. When the house was built in 1993 it was over the allowed lot coverage in the RE district. The applicant did not create the unnecessary hardship. 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 variance will not alter the character of the neighborhood, but instead allow for the modest expansion of an existing deck with storage space beneath it. This expansion will not affect the development potential of adjacent property. If the variance is granted, the area will remain a low-density single-family 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. 4