Board of Adjustment Agenda and Packet 2020 02 19

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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 would alter the essential character of the neighborhood. The key intent of the Old Town Overlay is to limit the mass and scale of residential construction in Downtown Louisville. With the addition, the property would exceed the FAR standard by 348 square feet, which is significant. The proposal, if constructed, would essentially result in a house that spans the length of nearly 90' of the 125' lot, and is much closer to the alley than the standards allow. While each of the components of the proposal (addition, deck, and porch) are relatively minor by themselves, the effect of the total construction creates greater mass and scale than what is appropriate for the neighborhood. Staff finds the proposal does not meet this criterion. 6. That the variance, if granted, is the minimum variance that will afford relief and is the least modification possible of the provisions of Title 17 of the Louisville Municipal Code that is in question. Staff finds that there is not unique physical circumstance or condition that requires relief. In addition, the connector addition could be reduced to one story and reduced in width while remaining functional. The covered porch and deck are not necessary for the functionality of the house and could be reduced in size or removed. Staff finds the proposal does not meet this criterion. PUBLIC COMMENTS: To date, staff have received comments supporting the request from all three of the neighboring properties. These comments are included as attachments. STAFF RECOMMENDATION: Staff finds the proposal does not meet the applicable variance criteria in Section 17.48.110 of the LMC, and therefore, does not recommend approval of the variance request. BOARD ACTION: The Board may approve (with or without condition or modification), deny, or continue the application to a future meeting for additional consideration. The Board may also request additional information if they feel it is needed for their proper consideration of the variance application. In approving an application, the Board must find that all six variance criteria, insofar as applicable, have been met. The Board should adopt specific findings for each review criterion in support of any motion. ATTACHMENTS: 1. Application 2. Old Town Overlay Zone District Regulations 3. Public Comments