Board of Adjustment Agenda and Packet 2019 08 21

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SUMMARY: The applicant requests a variance from the Sundance PUD requirement for a 5'-foot side yard setback to construct a 223 square foot addition on top of the existing non -conforming garage. The side property line has a notch near the existing garage, which results in two side setback measurements for this application. The existing garage is set back 1.6' feet, and 0' feet from the side property lines, already encroaching into the 5'-foot minimum setback. While the proposed addition would create more non -conforming building mass in the side setback, the building footprint remains the same along the east property lines. Sec. 17.36.020 of the Louisville Municipal Code discusses additions to non -conforming structures, and states that while additions are permitted, they cannot result in a violation of the zoning requirements, thus, necessitating the variance request. BACKGROUND: The property is located in the Sundance subdivision and Sundance PUD, both of which the City approved in 1981. The developer constructed the existing home and garage in 1983. At that time, the garage did not conform with the 5'-foot minimum side yard setback along the east property line, as required by the PUD. Similar non -conforming side setbacks are common in the neighborhood, likely because the developer originally planned and platted the Sundance subdivision based on a conceptual design for paired duplexes. Because of this, lots in the Sundance subdivision occur in a paired, L-shape configuration. A subsequent revision to the PUD reflected the shift to standalone single-family dwellings, but this revision did not alter the previously platted lot lines and many of the detached homes were constructed encroaching into the setbacks. 2