Board of Adjustment Agenda and Packet 2016 10 19

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no unusual condition exists, then this criterion would not be met either. 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. According to the applicant, the Excel easement prevents the planting of trees and landscaping to provide a buffer from the street, and the pergola needs to be near the lot line to provide an adequate buffer. However, the property is already buffered by a six-foot fence, the maximum size fence allowed in residential areas. In addition, there is nothing about the lot that prevents the pergola from being constructed 10 feet from the lot line, in compliance with the requirements. Staff finds this criterion has not been met. 4. That such unnecessary hardship has not been created by the applicant. The property was subdivided and the house was built with the Xcel easement in place in 1989. While staff does not find that there is an unnecessary hardship, if there is a hardship found by the Board, staff does not believe it was created by the applicant. 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. The pergola is at the back of the lot, adjacent to an intersection. This makes it highly visible, but limits its impact on adjacent properties. In addition, there is a landscaped outlot separating the property from the intersection, which limits the impact of the structure on the sidewalk along Washington Ave. So while the pergola will be visible to cars and pedestrians passing by, staff believes it will not alter the character of the neighborhood or impact adjacent properties. Staff finds this criterion has been 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. According to the applicant, the pergola is necessary in the current location to provide an adequate buffer from the street. However, as mentioned above, there is nothing about the lot that would prevent the pergola from being constructed in compliance with the setbacks. Staff finds this criterion has not been met. PUBLIC COMMENTS: Public notice was mailed to all property owners within 500 feet of the subject property. At the time of this report's creation, staff has received several public comments in favor of the variance, which are attached. If additional comments are received prior to the hearing, that information will be presented at the hearing. STAFF COMMENTS AND BOARD ACTION: 5