Board of Adjustment Agenda and Packet 2014 12 17

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applicant the hardship was not created by the applicant. 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 proposed addition would be stepped back from the existing facade of the garage, limiting the apparent size and impact from pedestrians on the sidewalk. In addition, properties in Old Town less than 30 feet wide are allowed to have eight foot street side setbacks, so there are already other properties in the area with the requested setback. Therefore staff does not believe the essential character of the neighborhood will be impaired. 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. According to the applicant, the proposed addition is the minimum size necessary to meet the purpose for which it is being built. The addition will be further back than the existing garage, minimizing the impact from the street. 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 variance request. 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 order to grant approval of a variance. If the Board wishes to deny the variance request, staff recommends passing a motion denying the variance indicating which criteria for approval have not been met. If the Board determines that the variance meets all of the applicable criteria for approval, staff recommends passing a motion approving the variance request. 5