BOA Variance Case 2001-024-VA_1495 Adams Pl

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along said street. Although a side yard was determined along Harper Street, the side yard setback would be 25 feet, not the 7 feet otherwise required for an interior side property line. Again, because of the unique shape of this lot, both the side and front yard setback requirements from a street are 25 feet. With that, the applicant is prohibited to construct a gazebo in the side yard area, (please see information included with this report). The setback variance request is from the side yard setback from Harper Street. The applicants would like to construct a gazebo in the 25-foot setback, approximately seven feet from the property (fence) line, within the 25-foot area. VARIANCE CRITERIA: The Board of Adjustment has authority to hear and decide, grant or deny this application for a variance to Section 17.28.240, pursuant to the powers granted the Board in section 17.48.110 of the Louisville Municipal Code. The Board may grant a variance only if it makes findings that all of the criteria, as established under section 17.48.110, have been satisfied insofar as applicable: 1. That 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. Staff agrees that the residential lot is a unique shape, and is somewhat irregular, and because of that, the setback regulations placed on the side and front yards is somewhat constraining for any accessory structures to be constructed in the rear and side yards. If one would "square-off" the rear lot, that is create a normal, square lot, there would not be a problem with the placement of the gazebo. Staff does point out however that the gazebo could in fact be constructed in the rear yard of the property, within all the rear yard setbacks, (please see diagram). But, this "build-able" yard area is very small, approximately 550 sqft. in size. The floor area of the gazebo is approximately 144 square feet, leaving a remaining "actual-build-able" yard of approximately 400 square foot area. 2. That the unusual circumstances or conditions do not exist throughout the neighborhood or district in which the property is located. Staff believes that the applicant has established that unusual circumstances do exist on site. Staff would also note that there does not appear to be many of these types of lots throughout the city or within this subdivision that have this type of setback situation or would be affected by the 25-foot street setback requirement. Staff believes that should this variance be granted, it would not be one that would harm, alter or impede on the rights of the surrounding neighbors or subdivision. 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. . 2