Board of Adjustment Agenda and Packet 2016 10 19

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View of the property from the corner of Washington Ave and Grove Dr REVIEW CRITERIA: The BOA has authority to hear and decide, grant or deny this application for a variance from Section 17.16.030 of the LMC by the powers granted the BOA in Section 17.48.110 of the LMC. The BOA may grant a variance only if it makes findings that all of the criteria, as established under Section 17.48.110.6.1-6, 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 not irregular in shape, nor are there unusual topographical conditions. It sits at the corner of two streets, which is also not unusual. However, the rear of the property is beneath the Xcel Energy high-voltage power lines which run through Louisville and is subject to an easement for such. However, staff does not consider the existence of an easement a physical condition of the lot. Staff finds this criterion has not been met. 2. That the unusual circumstances or conditions do not exist throughout the neighborhood or district in which the property is located. The majority of the Xcel power line runs through a dedicated right-of-way in Louisville, but there are a few other properties impacted by it. However, none of these properties sit at a corner similar to 749 Wildrose. Therefore, if the Board determines the easement constitutes an unusual physical condition, staff recommends finding that the condition does not exist throughout the neighborhood. If the Board agrees with staff's determination that 4