Board of Adjustment Agenda and Packet 2015 01 21

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Again, the City Fence in the back yard of the Property is a uniform 48" fence enclosing not only a portion of the Property, but also encircling Harper Lake. To our knowledge, no additional height modifications to the City Fence exist at any point around Harper Lake. To add another higher fence inside of the City Fence or to seek to add additional height to the City Fence would alter the appearance and character of the neighborhood since, to our knowledge, no such modifications exist anywhere else around Harper Lake. In addition, the Side Fences enclosing a portion of the back yard of the Property are also both consistent in design and size with virtually all other fences in the neighborhood. To add another higher fence inside of the Side Fences or to seek to add additional height to the Side Fences would alter the appearance and character of the neighborhood since such modifications would be inconsistent with substantially the rest of the neighborhood. 3. Based on the aforementioned physical circumstances or conditions, the proposed improvements to the Property cannot be reasonably developed in conformity with the provisions of the Louisville zoning code. If the Owners add another higher fence inside of the existing fences enclosing their back yard they would not only lose the use of a substantial portion of their back yard, but in addition, such additional higher fences would be inconsistent from those otherwise generally found in the neighborhood. For the Owners to extend the height of the existing fences would also create fences which are inconsistent from those otherwise generally found in the neighborhood. Based on the foregoing, the improvements to the Property cannot be reasonably developed in conformity with the provisions of the Louisville zoning code without altering the appearance and character of the neighborhood. 4. The unnecessary hardship was not created by the Owner of the Property or the Applicant. Neither the Owner of the Property nor the Applicant designed, created or installed the City Fence or the Side Fences. 5. The variance, if granted, will not alter the essential character of the neighborhood in which the Property is located, nor substantially or permanently impair the appropriate use or development of adjacent property. To the contrary, if the variance is granted the essential character of the neighborhood fences in which the Property is located will be preserved. If the variance is granted the uniform design and size of fences in the neighborhood will be maintained. In addition, the variance, if granted, will not have any impact on the use or development of any adjacent property. 6. The variance, if granted, is a minimum variance that will afford relief and is the least modification possible of the provisions of the Louisville zoning code in question. 3