Board of Adjustment Agenda and Packet 2015 05 20

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REVIEW CRITERIA: The BOA has authority to hear and decide, grant or deny this application for a variance from Section 17.16.030(C) 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. The property has large easements running through the back yard. In addition, there is a slope and mature trees between the easement and the house. 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. The easement impacting the property in question also impacts the properties immediately to the north and south, but does not persist throughout 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 shed in the back yard reasonable. The easement prevents placing the shed at the rear setback, and the slope and trees make it difficult to place the shed between the easement and the house. Staff finds this criterion has been met. 4. That such unnecessary hardship has not been created by the applicant. The PUD was approved in 1979 and the house was built in 1980. 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, would allow a shed five feet from the rear lot line. This is the same setback as required from side lot lines. The placement of the shed would not impair adjacent properties. The shed would be in the back yard and not visible from the street. Staff finds this criterion has been met. 3