Board of Adjustment Agenda and Packet 2017 02 15

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property. In addition, the house was constructed with a side yard setback of 21'-4", less than the required 30 feet from South Boulder Road. There is not adequate room to construct a garage on the south (interior) side of the property. Staff finds this criterion has been met. Lot Coverage Staff finds the subject lot is 4,325 square feet smaller than the minimum allowed lot size resulting in a unique physical condition of the property. Generally, in the LMC, as minimum lot sizes get smaller, maximum lot coverage allowances increase. In this case, the maximum lot coverage is mismatched to the lot size. Staff finds this criterion has been met. 2. That the unusual circumstances or conditions do not exist throughout the neighborhood or district in which the property is located. Setbacks Staff finds that while the majority of the lots in the Scenic Heights subdivision are also 70 feet wide, the impact of a corner lot, with the greater side yard setback, is less common in the neighborhood, and creates an unusual circumstance in this case. Staff finds this criterion has been met. Lot Coverage Staff finds that the subject lot is smaller than the average lot in the Scenic Heights subdivision and 36% smaller than the minimum lot size of 12,000 square feet for the R -E zone district. The remainder of the residential neighborhoods in the vicinity are zoned R -M or R -L, which require both smaller lot sizes and allow larger lot coverage percentages. Staff finds this criterion has been 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. Setbacks Staff finds that there are circumstances and conditions that restrict the options available for improving the property. When applying the setbacks required in the R -E zone district, the property is constrained to an area 30 feet wide that is developable. The property does not currently have a garage, and both the south and north sides of the property are already non -conforming. The proposed site design is determined to be reasonable. Staff finds this criterion has been met. Lot Coverage Staff finds that the physical circumstances result in a property that cannot be reasonably developed in conformity with the provisions of Title 17 of the LMC. Staff notes that in 2014, the code was amended to allow administrative variances for up to 30% lot coverage on properties zoned R -E that are located within a PUD. In this case, the request is within this administrative threshold, but the Scenic Heights subdivision was developed prior to the use of PUDs. Staff finds this criterion has been met. 4