Board of Adjustment Agenda and Packet 2017 02 15

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4. That such unnecessary hardship has not been created by the applicant. Setbacks and Lot Coverage The existing house was constructed in 1970. The zoning in the area was changed in 1977, when the zoning code was updated and the current yard and bulk standards were established. The current owners purchased the property in 1980 and are not responsible for these standards. Staff finds this criterion has been 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. Setbacks and Lot Coverage The variance request will not alter the essential character of the neighborhood, nor permanently impair the appropriate use or development of adjacent property. The South Boulder Road Small Area Plan does not contemplate redevelopment of the Scenic Heights subdivision, nor any widening of the right-of-way for South Boulder Road in this section. The proposed garage and residential addition maintain the existing architectural character of the home and surrounding neighborhood. Staff notes that the City's development standards do not allow driveways within 30 feet of an intersection. The reason for this setback is to reduce conflicts between vehicles entering and exiting a driveway and vehicles using the intersection. The City Engineer met with the applicant and agreed to allow a 10 -foot wide driveway in this case. The driveway will need to be located at the farthest point away from the intersection as feasible and can widen once the vision clearance area is accommodated. Therefore, if the Board approves the variance, staff recommends that this design requirement be included as a condition of approval. Staff finds this criterion has been 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. Garage Setback Staff finds that the request is not the minimum variance that will afford relief and is not the least modification possible of the provisions of the R -E zone district standards. With reconfiguration of the driveway and by setting the garage back to the minimum 10 -foot rear setback line, the applicant could redesign the plans with the garage further away from the north property line, reducing the amount of setback variance required. This larger setback could also be utilized to provide landscape buffer to mitigate any negative visual impacts from the reduced setback. If the Board is to grant a setback variance for the garage, staff recommends a condition that the garage be setback a minimum of 7' from the north property line and include a tree buffer on the north side of the garage with a minimum of two trees. Staff finds this criterion has not been met. Addition Setback and Lot Coverage Staff finds that the requests for the setback for the addition and lot coverage variances are the minimum variance that will afford relief. The proposed addition is in line with the existing home's setback. The square footage requested for the addition and the garage are modest and the requested lot coverage is below the administrative variance threshold, 5