Board of Adjustment Agenda and Packet 2013 11 20

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could have been fixed. Although the applicant failed to provide a survey letter which demonstrated the foundation met the setback requirements, the Louisville Department of Planning and Building Safety permitted the construction to move forward. This permission, and the resulting circumstances, created the unnecessary hardship of the foundation being located in conflict with the setback requirement.Staff has no evidence that the applicant hadany role in creating or exacerbating the hardship, and there is no evidence of bad faith. Staff understands from the City Attorney’s officethat good faith reliance on an issued permit or other actions of zoning authorities can constitute grounds for a finding of 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 foundation of the home is located 1.5 feet closer to the front property line than the LMC regulations permit, and the columns of the porch are located 6 feet closer to the front property line than the LMC regulations permit. The homes on this particular section of Roosevelt are located across the street from Open Space. Aside from the immediately adjacent properties, there is not a prevailing neighborhood character to adhere to. The property to the north of the subject home is located 25.1 feet from the front property line, andthe property to the south is located 25.5 feet from the front property line. The home under construction on the corner of Roosevelt and Cherry is being constructed 25 feet from the front property line. Although the porch of the subject home will be located six feet closer to the front property line than the surrounding properties, staff finds its location does not alter the essential character of the neighborhood or district in which the property is located. 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 variance requested is the minimum amount that will afford the applicant relief from the circumstances created by not requiring the applicant to provide surveyed verification of the foundation location. Permitting the variance will enable the home to stay in its current location without permitting any further encroachment into the front setback. 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. Ifcomments are received prior to the hearing, that information will be presented at the hearing. STAFF COMMENTS AND BOARD ACTION: Staff finds allapplicablevariance criteria in Section 17.48.110 of the LMC, insofar as applicable, have been met and therefore recommends approvalof the variance request. 5