Board of Adjustment Agenda and Packet 2016 06 15

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Lot Coverage: The properties zoned RE in the surrounding neighborhood range from about 11,000 square feet to over 23,000 square feet. The average size is about 14,350 square feet, very similar to the size of the property in question. All of these properties have the same 20 percent maximum lot coverage. Of the properties in the wider neighborhood zoned RL, with a 30 percent maximum lot coverage, the average size is about 8,800 square feet. The property in question is of a similar size to those around it in the same zone district. Staff finds this criterion has not 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. Setbacks: The applicant is requesting to expand the garage to make it more useable. Staff considers it reasonable to expand the garage in line with the existing front of the structure. Because for the wedge shape of the lot and the angle of the house, extending the garage results in the corner encroaching into the side setback as well. The increased height of the garage does not add any square footage. Staff finds all of these changes reasonable. Staff finds this criterion has been met. Lot Coverage: The applicant is requesting additions to the sides and rear, as well as covered porches and a deck. While all of these additions may be reasonable, together they cover too much of the lot. Staff believes the property could be enjoyed while staying under the allowed lot coverage limit. Staff finds this criterion has not been met. 4. That such unnecessary hardship has not been created by the applicant. The existing house was built in 1975. The zoning in the area was changed in 1977, when the zoning code was updated and new zone districts were added. There is no evidence that the house was not built in conformance with the zoning in place at the time of construction. Therefore, staff considers the garage encroachment into the front yard legal non-conforming. The applicant purchased the home in 1992 and has not altered the garage location. 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. Setbacks: The proposed garage addition would maintain the existing front setback, not altering the character of the neighborhood. The side yard encroachment will leave the corner of the garage 9.5 feet from the lot line, and still over 20 feet from the adjacent house. Properties in the nearby RL zone district are allowed to go to within seven feet of the lot line. Staff finds this criterion has been met. Lot Coverage: Most of the additions to the house would be in the back, and not visible from the street. They would still be a significant distance from adjacent properties, and a large portion of them would be open uses such as decks and covered patios. Staff finds this criterion has been met. 5