Board of Adjustment Agenda and Packet 2016 10 19

Home Browse Search

TO. Louisville Board of Adjustments RE: 749 Wildrose Way, request for after the fact variance from side and back setback fora trellis and pergola. hat 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 unique physi,sI situation on this lot was created this year when Excel Energy changed their policy on the easement at the back of thu preperzy and irrizved unu mature aspen and three mature apple trees from the back property line. In addition they removed one Ash from the lacR normwesi comer OT my propen i nis has completely expose! the property to the noise anti view OT anyone on vvasliington [riving or walRing [y an has impactec me lesirahility ano value or me property. 2. That the unusual circumstances or conditions do not exist throughout the neighborhood or district in which the property is located. In this oissz, this is the only lot in the neighborhood impacted by the easement and tree remove to this extent, and so the unusual circumstance by lenn,tion e7sists. a. i hat Because of such physical circumstances or conliuons, the properly cannot reasonably be developed in conformity with the provisions of Title 17 of the Louisville Municipal Code. The current zoning requires a ten foot setback from the rear property line and five feet from the side propEiYy line. Due to the inability to plant trees on the propeiiy line complying with the setback reHuirement for the trellis and pergola would not address the hardship. In order to remedy the hardship the trellis and pergola need to be built close enough to the property line to enalle vines an plant cover to provile some approximation of the privacy, noise aoatement anti aesmetic appear or the property prior to me harlsnip. he trellis is c" from me site property line ane one root from me rear propel line. 4. That such unnecessary hardship has not been created by the applimnt. This situation was not created by the applicant. 5. That the variance, if granted, will not alter the essential character of the neighborhooa or tiistrict me in which the propeiry is locate[, nor su[stantially or permanenuy impair me appropriate use or [evelopment of aajaceni property. If this variance is granted ft will not alter the character of the neighborhood and will enhance the view of the comer from the street and trails adjacent to the property. This project will in no way impair the use or development of the adjoining property. 6. That the variance, if granted, is the minimum variances that will afford relief and is the least modification possible of the provisions of Title 17 of the Louisville Municipal Cole mat is in question. the requesteti variance is if granted is the minimum uiat will allow relief from the riarasnip an to allow a seamiess visual transition along me propeii line.