Board of Adjustment Agenda and Packet 2015 04 15

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4 lot width of 70 feet in the RL zone district, but because of the street side setback, only 38 feet of that is available for development, instead of the normal 56 feet. Accessory structures, including sheds, are required to comply with street side yard setbacks. Otherwise, sheds are required to be 10 feet from rear lot lines and five feet from interior side lot lines. Accessory structures are also required to be a minimum of five feet from principal structures, which is measured eave to eave. The applicant is requesting variances from the north and west setback requirements (street side and rear setbacks), as well as the building separation requirement. The proposed shed complies with the required setback to the south lot line (side setback). Areas included in lot coverage calculations include all covered and enclosed spaces, including covered patios and porches and sheds. The property in question exceeds the standard minimum lot size for the RL zone district of 7,000 square feet, but corner lots are required to be at least 8,000 square feet. These zoning requirements were instituted after the lot was developed, creating the legal nonconforming lot and structure. REVIEW CRITERIA: The BOA has authority to hear and decide, grant or deny this application for a variance from Section 17.12.040 of the LMC by the powers granted the BOA in Section 17.48.110 of the LMC. The BOA may grant a variance only if it makes findings that all of the criteria, as established under Section 17.48.110.B.1-6, have been satisfied, insofar as applicable: 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. While the property meets the minimum lot width requirement, the increased street side setback requirement allows for a smaller than usual development area. Also, the location of the existing house does not allow any expansion to the north or west, as the house is already legal nonconforming. In addition, the lot is smaller than the minimum allowed lot size for a corner lot. 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. There are five other houses along Lois Drive between Aline Street and Roosevelt Avenue which are of similar size and layout and have the same setback requirements. However, the majority of the Bella Vista neighborhood has conforming lots and houses with seven foot side setbacks on both sides. 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.