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CITY OF LOUISVILLE <br /> BOARD OF ADJUSTMENT <br /> STAFF REPORT <br /> October 29,2008 <br /> APPLICANT: Oakland and Melissa Childers, 725 West St., Louisville, CO 80027 <br /> OWNER: Same as above <br /> STAFF PLANNER: Gavin McMillan,Planner II <br /> LOCATION: 725 West St., Lot 1 except the east 50.25 feet, Stewart Subdivision <br /> ZONING: Residential Medium Density(RM)and Old Town Overlay Zone District <br /> REQUEST: Case #08-022-VA — Approval of a variance from Chapter 17 of the <br /> Louisville Municipal Code (LMC) to allow for an addition to the <br /> existing house. The variance is described as follows: <br /> 1. Variance from Section 17.12.050.L to reduce the minimum rear yard <br /> setback from 25 feet to 16 feet. <br /> BACKGROUND: <br /> The subject property is 3,766.25 square feet and is located within lot 1 of the Stewart Subdivision. The <br /> Stewart Subdivision was completed in October of 1985 and contained two lots. Subsequent to that <br /> subdivision, Lot 1 of the property was further divided into two separate properties by foreclosure of a <br /> deed of trust. This division resulted in the creation of two nonconforming lots as both of the properties <br /> do not meet the minimum lot area in the RM zone district. This subdivision was legal as Section <br /> 16.04.040 B.4 of the Louisville Municipal Code(LMC)recognizes divisions of land by the foreclosure <br /> of a deed of trust as exempt from subdivision regulations. The subject property is the western half of <br /> Lot 1 which was created by the foreclosure subdivision. <br /> The property contains an existing single-family home and is located on the north side of West Street, <br /> between Roosevelt Street and Jefferson Ave in Old Town Louisville. The home,built in 1900,is 864 <br /> SF. The property does not currently have a carport or garage. There is a driveway located to the west of <br /> the property that is used to access Lot 2 of the Stewart subdivision. The eastern half of Lot 1 remains <br /> vacant. The property is subject to the Old Town Overlay Zoning District Regulations. <br /> As noted, the foreclosure subdivision process was exempt from the requirements of the subdivision <br /> code, and therefore,the existing home on the site was not required to comply with minimum setbacks <br /> when that subdivision was completed. As a consequence, the foreclosure subdivision resulted in the <br /> creation of a nonconformity as the existing structure does not meet the side setback requirements. <br /> 1 <br />