Board of Adjustment Agenda and Packet 2015 08 19

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PROPOSAL: The applicant proposes to construct community gardens in some currently unused land along Garfield Avenue adjacent to the Enrietto Ballfields. The gardens also require a special review use permit, which the applicant is pursuing through the Planning Commission and City Council. The proposal includes two 8'x10' sheds, one in the floodplain, and two areas of raised garden beds for ADA access, both in the floodplain. The proposal has been reviewed by a licensed Professional Engineer, who has determined the proposed work would not have a negative impact of the floodplain. The proposed work is considered development under Section 17.56.010 of the Louisville Municipal Code (LMC), and requires a floodplain development permit from the Board of Adjustment under Section 17.56.200 of the LMC. FLOODPLAIN PERMIT CRITERIA The Board of Adjustment has authority to hear and decide, grant or deny this application for a Floodplain Development Permit pursuant to the powers granted the Board in § 17.56.210.B of the Louisville Municipal Code. The Board may grant a permit only if it makes findings that all of the applicable criteria as established under §§ 17.56.150 and 17.56.160 have been satisfied. The garden is governed by subsection 17.56.150(A)(1) which allows agricultural uses in the flood regulatory district as long as they satisfy subsection 17.56.160(A). Subsection 17.56.160(A) states: The cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one -half foot at any point. Certification by a registered professional engineer stating that any encroachment shall not result in such an increase in flood levels during the occurrence of a 100 - year flood shall be required. Greg Hausen, P.E., of the J3 Engineering has written a letter stating "the proposed improvements will not adversely impact the floodplain." Staff finds subsection 17.56.160(A) is satisfied, and thus the agricultural use should be allowed under subsection 17.56.150(A)(4). STAFF RECOMMENDATION: Staff finds the proposal complies with the applicable items in Sections 17.56.150 and 17.56.160 and therefore recommends approval of the Floodplain Development Permit. BOARD ACTION: The Board may approve (with or without condition or modification), disapprove or continue the application to a future meeting for additional consideration. The Board needs to find that all criteria, insofar as applicable, have been met in order to grant the Floodplain Development Permit. The Board should adopt motions for the request, and establish findings for said decisions in the public record, either through reference to the applicant's or staff's findings in the existing written record or through additional Board findings, as expressed during the public hearing. ATTACHMENTS: 1. Application and engineer's letter 2. Plans 2