Board of Adjustment Agenda and Packet 2014 06 18

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Rear yard setback request: Data from existing aerials of the neighborhood do not show any principal structures located closer than 25 feet to the rear property line. Staff finds this criterion has not 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. Lot size and lot area requests: The applicant proposes to increase the allowable number of lots from one to two. This request requires variances from the minimum lot width and area requirements. The applicant is proposing a one lot density increase and the two lots would be of equal width and area, consistent with the majority of homes in the neighborhood and Old Town. Staff finds the request has been minimized and that this criterion has been met. Rear yard setback request: Staff believes this would be the minimum variance required to afford relief. 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 public comment. If comments are received prior to the hearing, that information will be presented at the hearing. STAFF COMMENTS AND BOARD ACTION: Staff finds all 6 applicable variance criteria in Section 17.48.110 of the LMC have been met and therefore recommends approval of the Lot Dimension variance request. The current conditions of Old Town has prospective property owners demolishing existing structures and building new, larger structures that maximize the lot coverage and floor area. If that were the case on this property, the result would be a much larger structure no longer in character with the community. In regards to the rear yard setback variance, staff has found 5 of the 6 criteria have not been met and therefore recommends denial of this request. It was determined there are other development options where the existing structure can be worked around and still allow for reasonable development. 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 additional information if they feel it is needed for their proper consideration of the variance application. The Board will need to make a determination based on the application as it has been submitted. If the Board desires the applicant to make changes to the application that would affect the extent of the variance requested, staff recommends the Board continue the hearing to a later date. The Board needs to find all six variance criteria, insofar as applicable, have been met in