Board of Adjustment Agenda and Packet 2016 02 17

Home Browse Search

The existing house was built in 1984 exceeding the allowed lot coverage of the RE zone district and with no room for expansion. The house was built two feet from the rear setback line, not providing any room for a rear deck. The applicant did not create the unnecessary hardship. 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 property is one of the smallest in the Centennial Valley 3 neighborhood and already has one of the highest lot coverages. Further increasing the lot coverage to 33 percent could create the impression of a crowded lot, incompatible with the neighborhood. However, these specific additions — a rear deck, covered porch, and cantilever modifications — are unlikely to create that impression, and the overall footprint of the building will still be similar to others in the neighborhood in terms of square footage. The rear deck will have minimal impact because the property backs to open space. This variance will not affect the character or the development potential of adjacent property because it meets established front and side setbacks. If the variance is granted, the area will remain a low- density single - family neighborhood. Staff finds this criterion has been met. 6. That the variance, if granted, is the minimum variance that will afford relief and is the least modification possible of the provisions of Title 17 of the Louisville Municipal Code that is in question. The requested variance would allow only the proposed rear deck to be built and no further expansion of the building footprint. The additional square footage requested is modest, and the requested lot coverage is still below that allowed in the RM zone district. Staff finds this criterion has been met. PUBLIC COMMENTS: Public notice was mailed to all property owners within 500 feet of the subject property. At the time of this report's creation, staff had not received any public comment. If comments are received prior to the hearing, that information will be presented at the hearing. STAFF COMMENTS AND BOARD ACTION: Staff finds all applicable variance criteria in Section 17.48.110 of the LMC have been met and therefore recommends approval of the variance request. The Board may approve (with or without condition or modification), deny, or continue the application to a future meeting for additional consideration. The Board may also request additional information if they feel it is needed for their proper consideration of the variance application. The Board will need to make a determination based on the application as it has been submitted. If the Board desires the applicant to make changes to the application that would affect the extent of the variance requested, staff recommends the Board continue the hearing to a later date. The Board needs to find all six variance criteria, insofar as applicable, have been met in 5