Board of Adjustment Agenda and Packet 2016 12 21

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square feet. The requested coverage of 31% is more similar to allowed lot coverage for residential zoning with 7,000 square foot lots. Staff finds there are no unusual circumstances related to the variance request and that this criterion is not met. 2. That the unusual circumstances or conditions do not exist throughout the neighborhood or district in which the property is located. The lot size of 11,432 square feet is similar to the average of 12,708 square feet found in the neighborhood. In addition, staff finds there are no unusual circumstances as described for the previous criterion. Staff finds the lot size is similar to others in the neighborhood and close to the zone district minimum and that this criterion is not 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. Staff finds that there are no physical circumstances or conditions affecting lot area. Without the variance, the lot can develop with up to 20% lot coverage, which is the standard limit for zoning with 12,000 square foot minimum lots. In addition, the applicant can maintain the existing deck as a nonconforming structure without expansion, including replacement in the same configuration if needed for maintenance. Staff finds the applicant can reasonably develop the lot within the zoning standards and that this criterion is not met. 4. That such unnecessary hardship has not been created by the applicant. Staff finds that because there are no unique conditions in comparison to other properties in the neighborhood that affect lot coverage and the property may develop with lot coverage appropriate for the lot size that there is no unnecessary hardship this criterion is not 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. Surrounding properties in the neighborhood are subject to the 20% maximum standard. In some RE neighborhoods, many lots are below the minimum lot area of 12,000 square feet and in these circumstance administrative variances for lots 8,000 square feet or less may be granted up to 30%. However, the smallest lot in the Grove at Harper Lake neighborhood is 9,918 square feet. Because all lots in this neighborhood are subject to the 20% standard and no administrative adjustments would be permitted, staff finds that granting the variance would alter the essential character of the neighborhood and that this criterion is not 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. 3