Board of Adjustment Agenda and Packet 2014 09 17

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Along with the above considerations and criteria, the Board of Adjustment must also consider the criteria established in Section 17.48.110 when considering a variance request. The board shall have the power to hear and decide, grant or deny applications for variances from the provisions of this title. In granting any variance, the board may attach such reasonable conditions and safeguards as it deems necessary to implement the purposes of this title. The board may grant a variance only if it makes findings that all of the following requirements, insofar as applicable, have been satisfied: 1. That there are unique physical circumstances or conditions such as irregularity, narrowness or shallowness of lot, or exceptional topographical or other physical conditions peculiar to the affected property; This property has an existing 110 year old, standalone, stacked plank structure. It is unique to have a 110 year old commercial structure, with vacant space around it, where an addition can be built and not require the demolition of an existing historic structure. Any time an existing historic structure can be expanded, rather than demolished, the character of Downtown Louisville is further preserved. Therefore staff believes this is a unique physical circumstance. Staff believes 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; The addition is being attached to a 110 year old standalone commercial structure built in 1906 and is considered one of the oldest remaining commercial structures in town. The addition allows for additional tenant space and the development of compliant building entrances. There aren't many other circumstances, within the flood zone AH, where there is an existing standalone 100 year old commercial structure surrounded by undeveloped land. Staff believes 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 this title; To bring the addition to compliance with the standards described in this title, the addition would have to be raised or flood proofed one foot above the nearest base flood plain elevation. Elevating the addition above the existing historic structure could have a detrimental effect and create situations not conducive to the ongoing preservation of this structure. Staff believes the retention of the existing 110 year old standalone commercial structure is a benefit to the character of Downtown Louisville, but is also a physical circumstance preventing the property to reasonably be developed in conformity with the provisions of this title. 7