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Board of Adjustment Agenda and Packet 2016 11 16
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Board of Adjustment Agenda and Packet 2016 11 16
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BOAPKT 2016 11 16
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Board of Adjustment <br />Meeting Minutes <br />October 19, 2016 <br />Page 3 of 16 <br />Staff Report of Facts and Issues: <br />Robinson presented from Power Point: <br />There are additional items in this month's packet that were not included in the <br />September packet. There is an additional letter from the applicant as well as some <br />supporting materials provided by the applicant. There are additional public comments <br />that were not received previous to the prior meetings. <br />Property located in the Centennial 4 subdivision and governed by the Centennial 4 PUD <br />Residential Estate (RE) zone district <br />Rear accessory setback: 10 feet <br />LOCATION <br />Property at the corner of Washington Avenue and Grove Drive and fronts on Wildrose <br />Way <br />Pergola is constructed at the back of the lot at the corner of .:P : hington and Grove <br />Complies with side setback requirements which are 5 feet <br />Does not comply with the 10 feet rear accessory setback require <br />Posts for pergola sit at 2.5 feet from the rear lot line <br />Eaves extend to within 1 foot of the rear lot line <br />LMC allows for eaves up extend up to 3 feet into required setback <br />To comply, the pergola posts would have to sit 10 feet from rear lot line aneaves could <br />extend 3 feet into that, or within 7 feet of the rear lot line <br />REQUEST <br />l <br />7.5 foot setback to allow the posts to <br />CRITERIA <br />17.48.110 B.1 <br />That there are unique physical circumstan <br />shallowness of lot, or ex a. g 1 topograph <br />affected property. <br />Staff —Property is s <br />17.48.110 B.2 <br />That the unusual circ <br />district in which the prop= ;, .te <br />Staff —T ffect - properties, bu <br />Criteri ' of me <br />17.48.1 '1 B.3 <br />That because of such ph <br />developed in conformity wi <br />Staff —Pergola could be buil <br />17.48.110 B.4 <br />That such unnecessary h , ip has not been created by the applicant. <br />Staff —The property was pla ed and the house built in 1989 subject to the easement. Criterion is <br />met. <br />17.48.110 B.5 <br />That the variance, if granted, will not alter the essential character of the neighborhood or district <br />in which the property is located, nor substantially or permanently impair the appropriate use or <br />development of adjacent property. <br />Staff —Pergola is not near other properties and is unlikely to have adverse impact on the <br />sidewalk. Criterion is met. <br />17.48.110 B.6 <br />That the variance, if granted, is the minimum variance that will afford relief and is the least <br />modification possible of the provisions of Title 17 of the Louisville Municipal Code that is in <br />question. Staff—Pergola could be built to comply with setbacks. Criterion is not met. <br />t 2.5 feet from the rear lot line <br />h aairregularity, narrowness or <br />er physical conditions peculiar to the <br />t a physical condition. Criterion is not met. <br />xist throughout the neighborhood or <br />taff does not consider it a physical condition. <br />circ nces or conditions, the property cannot reasonably be <br />e prov ions of Title 17 of the Louisville Municipal Code. <br />ompliance with setbacks. Criterion is not met. <br />
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