Board of Adjustment Agenda and Packet 2016 02 17

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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 17.48.110.8.1 -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 unique physical circumstance in this case is that the lot is 6,704 square feet smaller than the minimum allowed lot size in the zone district. Generally, in the LMC, as minimum lot sizes get smaller, maximum lot coverage allowances increase. In this case, the maximum lot coverage is mismatched to the lot size. In addition, the house was built nearly to the rear setback line, not providing any space for a rear deck. Because of the split -level design of the house, any rear deck would need to be taller than 30 inches. 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. Section 17.48.110 of the LMC states a variance may only be granted if all criteria, "insofar as applicable," are met. In this case, where the majority of the lots in the subdivision are smaller than the minimum lot size, the unusual circumstance by definition exists throughout the neighborhood. Most of the houses in the neighborhood that back to the Warembourg Open Space are also very near the required rear setback line. Staff has determined that applying this criterion to applications of this sort is not appropriate. Staff finds this criterion is not applicable. 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. The current zoning does not allow any expansion of the building's footprint. This includes decks above 30 inches in height and covered porches, as well as additions. The proposed deck expansion is not overly large, and is intended for a more usable rear yard experience. The cover is proposed for the existing front porch to make it more useable and inviting. The cantilever modifications are to make the interior more functional and have minimal impact on the exterior. The porch cover and cantilevers comply with setbacks. The house is so close to the rear setback line that a useable deck could not be constructed in compliance with the setbacks. The RE zone district lot coverage and PUD rear setback requirements would not enable this reasonable expansion to occur. Staff finds this criterion has been met. 4. That such unnecessary hardship has not been created by the applicant. 4