Board of Adjustment Agenda and Packet 2014 10 15

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The applicant has provided a written analysis of the variance criteria, which has been included in the BOA packet materials. Following is a staff review and analysis of the variance criteria. 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. A unique physical circumstance exists due to the current placement of the existing garages. The garages are currently located within the existing alley right of way. Therefore an alley vacation is required to alleviate the placement error and a rear yard setback variance is required for the lot line adjustment. 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. This condition does not exist in the immediate neighborhood because all other remnant right -of -ways have been vacated. 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. As stated above, the existing garages are currently located within the alley right -of -way. Neither structure can be reasonably developed without the alley vacation nor a rear yard setback variance. Staff finds this criterion has been met. 4. That such unnecessary hardship has not been created by the applicant. Neither owner created 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. If the variance were granted there will be no physical changes to the existing garage structures, therefore the essential character of the neighborhood will not be altered. 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. Because neither garage structure will be altered, approval of the variance is considered the minimum variance to afford relief. Staff finds this criterion has been met. 4