Board of Adjustment Agenda and Packet 2016 08 17

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Board of Adjustment Meeting Minutes June 15, 2016 Page 9 of 17 D 346 McKinley Court — Variance Request — A request for a variance from the Dutch Creek planned unit development (PUD) for relief from the side setback requirement to allow an addition to the second story. Case #16 -020 -VA • Applicant & Owner: Rachel and Dan Fox, 346 McKinley Court • Case Manager: Scott Robinson, Planner II Public Notice Certification: Posted in City Hall, Public Library, Recreation Center, and the Courts and Police Building and mailed to surrounding property owners on May 27, 2016. Published in the Boulder Daily Camera on May 29, 2016. Property posted on May 27, 2106. Staff Presentation of Facts and Issues: Robinson presents from Power Point. • Property located on McKinley Court at the corner of Lilac Circle and is a corner property. • It is governed by the Dutch Creek Planned Unit Development (PUD) and is zoned residential low density (RL). • The Dutch Creek PUD requires a 20' setback from all street property lines (front and street side property lines have the same 20' setback requirement). • The Dutch Creek neighborhood is in south Louisville on the south side of Bella Vista. • Proposed addition is on the south side of the house, facing Lilac Circle. It is a proposed second story addition. It would be supported by posts with no enclosed space in the first floor addition. REVIEW CRITERIA: 17.48.110B.1 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. Lot is 10' narrower than the RL zone district allows - Criterion is met. 2. That the unusual circumstances or conditions do not exist throughout the neighborhood or district in which the property is located. Most corner lots in Dutch Creek are the same width - Criterion is not 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. There is room to expand to the rear of the lot - Criterion is not met. 4. That such unnecessary hardship has not been created by the applicant. Dutch Creek was platted in 1981 and the house was built in 1982, before the current owner - Criterion is 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. Proposed addition is small and would not impact adjacent properties - Criterion is 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. Would only allow requested encroachment - Criterion is met. Staff Recommendation: Staff finds criteria 2 and 3 in Section 17.48.110 of the LMC have not been and therefore recommends denial of the variance request.