Board of Adjustment Agenda and Packet 2014 12 17

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Zoning Variance Request Date: November 19, 2014 RE: 501 Jefferson Ave. Request: 2nd floor addition to existing accessory structure Side street setback reduction to 8 feet (where 15 feet is required) Rooftop deck and guardrail to edge of existing garage (2' -6" side street setback) Criteria Below is Louisville's Zoning variance criteria. Following each is an explanation of how our proposal meets the specific criterion. 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; The existing accessory building is the unique condition in this circumstance. The structure was likely constructed more than 50 years ago, prior to creation of the Louisville zoning code, and is located in the side street setback. 2. That the unusual circumstances or conditions do not exist throughout the neighborhood or district in which the property is located; Although small wood framed accessory structures located in setbacks are not particularly unusual in Old Town, its footprint size, 25 x 31 feet, and its masonry construction is unusual and represent a more substantial building than most. 3. That because of such physical circumstances or conditions, the property cannot reasonably be developed in conformity with the provisions of this title (Louisville zoning code); The Old Town Overlay Zone, provides a side street exemption for additions to principal structures, but for reasons unknown, not for accessory structures. Thus reasonable development (additions) is afforded to most additions but not accessory structures. We are requesting a similar exemption for our proposed addition to afford the same ability to construct an addition. 4. That such unnecessary hardship has not been created by the applicant; The hardship was created by the builders of the existing garage, prior to the creation of the Louisville zoning code. 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;