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Board of Adjustment Agenda and Packet 2016 03 16
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Board of Adjustment Agenda and Packet 2016 03 16
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BOAPKT 2016 03 16
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Board of Adjustment <br />Meeting Minutes <br />February 17, 2016 <br />Page 3 of 12 <br />Y Expand deck area from 108 sf to 189 sf. <br />• Cover front porch with a roof. <br />Y Existing front porch is uncovered. <br />Y Cover existing front porch with roof which will add additional 52.5 sf to <br />lot coverage. <br />■ Rearrange cantilevers or overhangs on main level. <br />Y Front of property, no change in size, just moving it to the south to <br />accommodate new front porch cover <br />Y Removing south large overhang and replacing it with a smaller <br />overhang. <br />Y Net decrease of 11 sf. Existing lot coverage from 31 % to 33 %. <br />REVIEW CRITERIA: <br />The BOA has authority to hear and decide, grant or deny this application for a variance from <br />Section 17.12.040 of the LMC by the powers granted the BOA in Section 17.48.110 of the <br />LMC. The BOA may grant a variance only if it makes findings that all of the criteria, as <br />established under Section 17.48.110.B.1 -6, hav .•een satisfied, insofar as applicable: <br />The applicant has provided a written analysis o variance criteria, which has been <br />included in the BOA packet materials. Following i. a review and analysis of the <br />variance criteria. <br />1. That there are unique physical circumstances or c <br />narrowness or shallowness of to . r ex al top <br />conditions peculiar to the affecte• operty <br />ons such as irregularity, <br />ical or other physical <br />The unique physical circumstance in this c. at the lot 6,704 square feet smaller than <br />the minimum allowed lot size in the zone district. Generally, in the LMC, as minimum lot sizes <br />get smaller, maximum lot coverage allowances increase. In this case, the maximum lot <br />coverage is mismatched to the lot size. In addition, the house was built nearly to the rear <br />setback line, not providing any space for a rear deck. Because of the split -level design of the <br />house, any rear deck would need to be taller than 30 inches. <br />Staff finds this criterion has been met. <br />2. That the unusual circumstances or conditions do not exist throughout the <br />neighborhood or district in which the property is located. <br />Section 17.48.110 of the LMC states a variance may only be granted if all criteria, "insofar as <br />applicable," are met. In this case, where the majority of the lots in the subdivision are smaller <br />than the minimum lot size, the unusual circumstance by definition exists throughout the <br />neighborhood. Most of the houses in the neighborhood that back to the Warembourg Open <br />Space are also very near the required rear setback line. Staff has determined that applying <br />this criterion to applications of this sort is not appropriate. <br />Staff finds this criterion is not applicable. <br />3. That because of such physical circumstances or conditions, the property cannot <br />reasonably be developed in conformity with the provisions of Title 17 of the Louisville <br />Municipal Code. <br />
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