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Resolution 2016-36
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Resolution 2016-36
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Last modified
3/12/2021 4:16:18 PM
Creation date
8/3/2016 10:57:24 AM
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City Council Records
Doc Type
Resolution
Ord/Res - Year
2016
Ord/Res - Number
36
Original Hardcopy Storage
7D6
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RES 2016-36
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d. The applicant received variances from the minimum lot area and minimum <br />lot width requirements of section 17.12.040 of the LMC from the Board of Adjustment on <br />December 16, 2016. The approval of such variances allows the owner to proceed with a <br />minor subdivision process under title 16, Subdivisions, of the LMC, which process requires <br />City Council approval for any minor subdivision. <br />e. The subdivision proposed by the application is subject to the lot <br />requirements set forth in section 16.16.050, Lots. <br />f. The project proposed by the application is requesting waivers from the lot <br />design standards established in section 16.16.050. <br />g. Section 16.24.010 allows modifications of these standards "in cases where, <br />due to exceptional topographical conditions or other conditions peculiar to the site, an <br />unnecessary hardship would be placed on the subdivider. Such modifications shall not be <br />granted if it would be detrimental to the public good or impair the basic intent and purposes <br />of this title. Any modification granted shall be in keeping with the intent of the <br />comprehensive development plan of the city." <br />h. The decision criteria that apply to the applicant's proposed final plat are set <br />forth in chapter 16.12 of the Louisville Municipal Code, and primarily in section 16.12.075 <br />of that Chapter. <br />Section 3. Based on the foregoing findings and the evidence and testimony <br />presented at the hearing, the City Council hereby concludes that the application should be <br />denied for the following reasons: <br />a. The project proposed by the application does not meet criteria A.1 and A.3 <br />of section 16.12.075 of the LMC. In particular, the City Council concludes that the <br />proposed plat does not comply with criteria C and D of section 16.16.050 and is not <br />eligible for modifications to the design standards under section 16.24.010 of the LMC <br />because there are no exceptional topographical conditions or other conditions peculiar to <br />the site that place an unnecessary hardship on the subdivider. In this regard, City Council <br />finds no topographic conditions or other conditions preventing continued and future use of <br />the conforming lot for conforming structures, and that the location of the existing house is <br />not a topographic or site condition causing unnecessary hardship so as to support the <br />creation of lots not meeting the lot design standards of section 16.16.050 of the LMC. <br />Section 4. In accordance with the above findings and conclusions, and based <br />upon the evidence and testimony presented at the hearing, the City Council of the City of <br />Louisville hereby denies the application for approval of a replat to subdivide a single <br />15,000 SF lot into two separate lots in the Residential Low (RL) zone district, located at <br />105 Roosevelt Avenue, Lots 15-17 & 10 ft vacated alley, Block 4, Johnson's First <br />Addition. <br />Resolution No. 36, Series 2016 <br />Page 2 of 3 <br />
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