Board of Adjustment Agenda and Packet 2015 01 21

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2. That the unusual circumstances or conditions do not exist throughout the neighborhood or district in which the property is located. Of the 31 properties in the Centennial 7 subdivision, 10 share a lot line with open space and would face a similar problem if they had a pool. No other houses in the subdivision currently have a pool. So while there are other properties that face a similar situation, the contradiction in fence requirements is not a condition that is shared by the majority of the neighborhood. 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. Staff considers adding a pool to a back yard to be reasonable development. Because of the incompatibility of the PUD and LMC requirements, the only way to do so would be to build a fence through the middle of the back yard, which staff does not consider reasonable. Therefore, relief from the LMC requirements is necessary to reasonably develop the property. Staff finds this criterion has been met. 4. That such unnecessary hardship has not been created by the applicant. The PUD was approved in 1989 and the house was built in 1992. The current owner was not involved in either process. 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 variance, if approved, will allow the existing fence to be maintained, which matches the rest of the fencing surrounding Harper Lake. The addition of an in- ground pool will not alter the character of the neighborhood or adversely affect adjacent properties. 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. The variance, if approved, will allow a fence of the maximum height allowed under the PUD and the minimum height allowed under the building code. Staff believes the fence, in combination with the pool cover, will still meet the safety goals of the LMC. 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 comments. If comments are received prior to the hearing, they will be presented at the hearing. STAFF COMMENTS AND BOARD ACTION: Staff finds all applicable variance criteria in Section 17.48.110 of the LMC have been met and therefore recommends approval of the variance request. 3