Board of Adjustment Agenda and Packet 2018 12 19

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REVIEW CRITERIA: The BOA has authority to grant or deny a variance request based on the review criteria found in Municipal Code Sections 17.48.110.B.1-6. Following is staff's analysis of the criteria with recommended findings on each. 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 finds this lot to be unusual because it does not have an alley or access to a side street. Within the Old Town Overlay, this condition occurs on roughly 15 other properties, however the subject property is the narrowest, and therefore unique with respect to the constraint of accommodating parking from the front property line. Staff finds the proposal meets this criterion. 2. That the unusual circumstances or conditions do not exist throughout the neighborhood or district in which the property is located. Staff finds that this is the narrowest lot within Old Town that only has access from the front property line. While there are other properties with the general condition, this property is unique when considering this requirement. Staff finds the proposal meets this criterion. 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 while the property could be developed with two off-street parking spaces, it is not reasonable in this case to require the standard for this circumstance. By providing two off-street spaces, the city will lose one or two existing on -street parking spaces. Additionally, staff believes that applying this standard in this circumstance is inconsistent with the intent of the Old Town Overlay to minimize to the greatest extent possible to visibility of parking areas from the front property line. Staff finds the proposal meets this criterion. 4. That such unnecessary hardship has not been created by the applicant. The applicant acknowledges that they owned the property when the alley was vacated, however City Council created the condition by approving the alley vacation. The majority of the east -west alleys have been vacated in the City, resulting in similar conditions in other areas of the Old Town Overlay. Staff finds that the applicant did not create the model of vacating these east -west alleys and are not responsible for this hardship. 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. 4