Board of Adjustment Agenda and Packet 2019 05 15

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Staff finds that there are no unique physical circumstances or conditions related to the property as it pertains to this variance request. Numerous properties throughout Louisville are adjacent to high speed and/or high volume roadways in a similar manner to this property. These properties are restricted to 4 or 6-foot tall fences depending on the orientation of the lot. Staff finds the proposal does not meet 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 there is no unusual circumstance or conditions in this request and 8-foot tall fences are not commonly found on the surrounding open space properties. As previously stated, many residential properties are adjacent to high speed and/or high volume roads and do not have 8-foot tall fences. In addition, the surrounding open spaces only contain short, open fencing and the industrial park has a perimeter open space conservation easement where fencing is not allowed. Staff finds the proposal does not meet 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 the property is already developed in a reasonable manner and has been occupied as a single-family home since its construction in 1975. Additionally, there are other alternatives that could mitigate impacts from noise from Empire Rd, such as landscaping, which is not subject to a maximum height. Staff finds the proposal does not meet this criterion. 4. That such unnecessary hardship has not been created by the applicant. Staff does not find an unnecessary hardship in this case. The design and use of the road has not changed since the applicant purchased the property in 2014. With no finding of unnecessary hardship, staff finds the proposal does not meet 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. Staff finds that the proposal will alter the essential character of the neighborhood in which the property is located. The subject property is surrounded by protected open space property that is maintained in a naturalized state with a rural character. While the CTC property is immediately to the southeast, the property has a perimeter conservation easement where development, including fencing, is not allowed in order to buffer between the development and the preserved open space. An 8-foot tall fence on this property located adjacent to Empire Road is not consistent with the surrounding area and will have a negative impact. Staff finds the proposal does not meet this criterion. 5