Board of Adjustment Agenda and Packet 2017 04 19

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Staff finds that the physical circumstances result in a property that the applicant cannot reasonably develop in conformity with the provisions of Title 17 of the LMC. This property is on a walk -out lot and does not currently have a deck off the rear of the home, or direct access to the backyard from the main floor. The proposal to build a deck is a reasonable request. Staff finds the proposal meets this criterion. 4. That such unnecessary hardship has not been created by the applicant. The existing house was constructed in 1989. The PUD approved in 1987 does not address lot coverage. The property was zoned RE when it was annexed to the City. The current owners purchased the property in 2012 and are not responsible for these standards or the current lot coverage for the property. Staff finds the proposal meets this criterion 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. The variance request will not alter the essential character of the neighborhood, nor permanently impair the appropriate use or development of adjacent property. Staff received an objection letter from the neighbor to the south stating concern over massing of the structure and privacy. However, staff notes that the proposed deck is within the setbacks; the analysis provided above demonstrates that this proposal will result in a lot coverage that is within the range of lot coverages for the area, and the home retains the single-family character of the neighborhood. Staff finds the proposal meets this criterion. 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. Staff finds that the request is the minimum variance that will afford relief. The proposed deck design is logical and modest in scale. The resulting lot coverage is less than 30%. Staff finds the proposal meets this criterion. PUBLIC COMMENTS: During the notice period for the Administrative Variance, the applicant provided letters of support from 5 of the 7 adjacent properties. Staff received a letter of objection from the property to the rear at 931 Arapahoe Circle (see attached comment letters). Staff mailed public notice letters for the Board of Adjustment public hearing to all property owners within 500 feet of the subject property. If staff receives any additional comments prior to the hearing, that information will be presented at the hearing. STAFF RECOMMENDATION: Staff finds all applicable variance criteria in Section 17.48.110 of the LMC have been met and therefore recommends approval of the variance request. 7