Board of Adjustment Agenda and Packet 2020 02 19

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REVIEW CRITERIA: The BOA has authority to grant or deny a variance request based on the review criteria found in Municipal Code Sections 17.48.110.B.1-6. Following is staff's analysis of the criteria with recommended findings on each. 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. Staff finds that this property is within the typical range for lot width, depth, size, and shape when compared to other properties zoned Residential Low Density in the Old Town Overlay area. The property has a mild slope from front to back, but this slope has not greatly complicated development as evidenced by the structures that are already on the property. 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 that 940 McKinley is slightly over the average lot size when compared to other properties zoned RL in the Old Town Overlay, which results in a similar allowance for lot coverage and floor area. Further, the City designed the Old Town Overlay lot coverage and FAR tiers to allocate square footage to lots of varying sizes in a fair manner. In addition, the presence of the detached garage at 940 McKinley is not a unique circumstance, as 56% of RL properties in the Old Town Overlay have detached garages, many of which are located behind the house. 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 RL zoning and Old Town Overlay regulations have allowed reasonable development on 940 McKinley and there are no unique physical circumstances or conditions. The property has already nearly maxed out its lot coverage allowance and has surpassed its FAR allowance. Interior renovations could improve the functionality of the house without making exterior expansions necessary. Staff finds the proposal does not meet this criterion. 4. That such unnecessary hardship has not been created by the applicant. Staff finds that there is no unique physical circumstances or conditions resulting in unnecessary hardship, as discussed with the previous criteria. Staff does note that the permit record indicates that all work, except the interior finish of the space above the attic, occurred prior to 1998, nearly ten years before the applicant purchased the property in 2007. At the time of permit, all work met the requirements of the Old Town Overlay. Staff finds the proposal does not meet this criterion. 10