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r © EDWE3 <br /> 15 2008 <br /> OCT � <br /> Members of the Board, PLANNING <br /> Our names are Oakland and Melissa Childers.We live in an 860 sq.ft. cottage in Old <br /> Town Louisville at 725 West Street.We are seeking a variance of the zoning <br /> requirements of the City of Louisville based on what we believe to be a serious and <br /> otherwise irreconcilable set of circumstances,which resulted from the unorthodox <br /> zoning of our property by a former owner. <br /> The series of events that led to our lot being small and non-conforming (56 ft.deep) <br /> is complicated and confusing to say the least.We have provided the board with as <br /> much documentation as we can find about the creation of our lot and the other <br /> properties in the Stewart subdivision. The basic facts are that a previous owner of <br /> our home once owned all the lots in the subdivision and attempted at some point to <br /> have the city divide my lot from the lot directly to the east of our home.The city <br /> rejected this proposal,but some time later that owner or another owner found a <br /> way to divide the lots anyway.The easternmost wall of my home sits almost directly <br /> on the property line,with no setback.The rear wall of my home is some feet over <br /> the allowable rear setback.Under current zoning regulations,a new structure build <br /> here could be no more than 6 feet from front to back. <br /> When we bought our home in 2004 we were completely unaware of these <br /> circumstances. I later discovered that a fence and mailbox erected by some former <br /> owner or owners,are located on my property.Even more confusing is the fact that a <br /> property line was recorded running directly through my home,as if the dwelling <br /> weren't there.This we resolved with a quitclaim in 2006. <br /> I have tried unsuccessfully to purchase the vacant lot just east of my house, owned <br /> by a former owner of my home in an attempt to expand my lot and make building an <br /> addition easier.Alas, my neighbor will not sell me the property. <br /> To the point of the variance we are requesting,we believe we meet all the <br /> requirements sought by the board for this action.We also have the blessing of city <br /> staff,due to the unique nature of our property. <br /> 1. Unique physical circumstances: Our lot is a mere 56 feet deep. In order to <br /> add an addition to the rear of our home,the only reasonable place to do so, <br /> we cannot avoid encroaching on the rear setback. <br /> 2. These conditions do not exist elsewhere in the neighborhood: We are the <br /> western-most home in the Old Town district,so all other houses are <br /> "modern"and meet the required setbacks. <br /> 3. These issues make the property undevelopable.The aging structure will not <br /> support a"pop" and building on the side of the home isn't practical at this <br /> point because there is no natural place there to connect the old structure to <br /> any new build. <br /> 4. This hardship was created by an unapproved division of the Stewart <br /> subdivision,not by our family.We have gone to great lengths (professional <br />