Board of Adjustment Agenda and Packet 2018 12 19

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Review Criteria 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. The lot located at 709 Walnut Street is only accessible from the front of the property due to the fact that there is no alley in the rear and two residences on each side of the property. It is an extremely narrow lot at 36'5" 2. That the unusual circumstances or conditions do not exist throughout the neighborhood or district in which the property is located. This is the only lot in the neighborhood and, perhaps, the city that exhibits these unique physical characteristics without access to the rear of the property. Many years ago most east/west alleys were eliminated and divided between adjoining property owners. 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. In 1982 the city of Louisville eliminated the east/west alley behind 701, 709 and 711 Walnut Streets and 925 Jefferson Avenue at the request of the property owners. 701 Walnut Street and 925 Jefferson Avenue have alternative access to their properties. This effectively closed off any alley access to the rear of all four properties and is now forcing the owner of the under construction property at 709 to be forced to provided two parking spaces directly in front of the property thereby eliminating three on street parking spaces. It was unbeknownst to the property owners in 1982 that future plans to build on 709 Walnut would result in the on site parking requirement currently in place otherwise they would not have asked for vacating the east/west alley. 4. That such unnecessary hardship has not been created by the applicant. As previously stated, access to the 709 property was altered without the foresight that onsite parking would be required in the future. To accommodate necessary parking spaces the owner (Betty L. Buffo) who owns both properties at 709 and 711 is prepared to give access to the rear of her property at 711 for parking purposes. Currently there is a two car garage and 3 parking spaces available on her property. 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 character of the neighborhood will not be negatively impacted, rather it will be enhanced in that three parking spaces will be open for public parking, the front of the