Board of Adjustment Agenda and Packet 2016 09 21

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of the LMC. The BOA may grant a variance only if it makes findings that all of the criteria, as established under Section 17.48.110.B.1-6, have been satisfied, insofar as applicable: The applicant has provided a written analysis of the variance criteria, which has been included in the BOA packet materials. Following is a staff review and analysis of the variance criteria. 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. The property in question is unusually small and shallow. The lot is 3,802 square feet smaller than the minimum lot size allowed in the RM zone district of 7,000 square feet. While there are no minimum standards for lot depth, 60 feet is unusually shallow. Staff finds this criterion has been met. 2. That the unusual circumstances or conditions do not exist throughout the neighborhood or district in which the property is located. 940 Caledonia Street is one of the smallest and shallowest properties in Old Town. The standard lot in Old Town is 6,250 square feet, measuring 50 feet wide and 125 feet deep. There are a few lots in Old Town of similar dimensions to 940 Caledonia, but they are rare. Staff finds this criterion has 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. The 20 foot front setback and 25 foot rear setback allow only 15 feet of the 60 foot lot depth to be used for building in compliance with the setback requirements. That is not enough space to construct a useable dwelling unit. The Old Town Overlay allows floor area ratios (FAR) to increase with smaller lot sized. Lots less than 4,000 square feet are allowed an FAR of 0.5, which would allow a 1,599 square foot structure on the property in question. A house of that size is small, but not necessarily unreasonably so. However, in order to make the proposed addition function with the existing house, the applicant is requesting an increase in the allowed floor area. Staff considers the proposed addition reasonable in size and location. Staff finds this criterion has been met. 4. That such unnecessary hardship has not been created by the applicant. The existing house was built in 1952, and the property was subdivided to create the current lot in 1982, both before the current owner bought the property. 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. With the proposed addition, the house would still be smaller than many other houses in Old Town. The addition would be further back from the front lot line than the existing 4