Board of Adjustment Agenda and Packet 2016 10 19

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driving or walking by and has impacted the desirability and value of the property. His corner is also a bus stop for the junior high and high school and so sees exceptional traffic at least twice a day. While I understand the view of the city planner at our last meeting was that there was no physical circumstance or limitation present on this case, I believe that upon further review t should be clear that a limitation on the space directly above my property constitutes a unique physical circumstance and the board can have no choice but to consider this requirements met. 2. That the unusual circumstances or conditions do not exist throughout the neighborhood or district in which the property is located. In this case, this is the only lot in the neighborhood impacted by the easement and tree remove to this extent, and so the unusual circumstance by definition exists. Beyond that it appears that this may be the only lot in Louisville that has the lines directly over the back line of the property as most of the path is along a right of way. 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 current zoning requires a ten foot setback from the rear property line and five feet from the side property line. Due to the inability to plant trees on the property line complying with the setback requirement 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 enable vines and plant cover to provide some approximation of the privacy, noise abatement and aesthetic appeal of the property prior to the hardship. The trellis complies with the side setback and if placed ten feet into the yard would great a bizarre ten foot empty space at the back of the yard and would further detract from the aesthetic character of the corner. The existing fence, in alignment with all the fences along Washington in the neighborhood, is only four feet high and although I could clearly build a six foot fence, it would not be in alignment with the rest of the border fence and would create a clear lack of uniformity which is not desirable in a neighborhood of this type. This property is in a high traffic area and on the down slope side of an intersection so when cars are stopped on Grove facing Washington they are higher than my property and a sex foot fence or pergola ten feet back in my yard would not provide an adequate barrier for their headlights. The trellis and pergola as they stand now provide a clean line and blend exceptionally well with the premium nature of these houses. As the vines grow onto them they will become a lush green part of the corner and create a smooth transition to trees farther in the yard which are all reasons why the idea of building a trellis and pergola like this in the middle of my yard is not in the best interest of Louisville and, based on the letters, and e-mails clearly not what anyone living in the neighborhood would like to see done. Please approve this requirement as the only reasonable option in this case. 4. That such unnecessary hardship has not been created by the applicant. This situation was not created by the applicant.