BOA Variance Case 1997_1117 Spruce St_Special Exception Permit

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p 0 The applicant has indicated that rehabbing the existing residence would not be justified due to its general state of dilapidation and also that there is no foundation under the structure. The existing residence (590 s.f.) currently has approximately a 3.5 foot setback from Park Street and less than a 1 foot setback from the alley. The existing setbacks place the northeast corner of the house in the vision clearance area. The proposed residence is to be a 576 s.f. (24'x 24') with an attached single car (14'x 24') garage. The proposed setbacks of 7.5' from the north and east property lines would insure vision clearance. Building coverage of the new construction, including the existing garage, would be 1,309 s.f. or 27% lot coverage. The maximum lot coverage for an RM zone district is 35%. STAFF COMMENTS: Authorization to replace the structure is based on Section 17.16.070 of the Louisville Municipal Code. The code section allows a use by right on a lot of record which is nonconforming with regard to lot size if it was held in single ownership prior to 1976 and is in compliance with setback and yard requirements. The City Attorney's office has confirmed this position per their March 5, 1992 memorandum to staff (attached). To the north of the subject residence (1117) is a 16' wide public alley which was platted between Park St. directly to the east, and Lee Street to the west. As an alley is defined to be a minor right of way (17.08.020) and is included as a term under the definition of "street" (17.08.525), the front property line is determined to be the north property line adjacent to the alley. The property frontage along Park St. (east property line) is determined to be a side yard to a street. Park Street is a 50 foot right of way of which only 23 feet is paved. There is approximately 9.5' from the edge of pavement to the property line. The Public Works Department does not anticipate a widening of Park Street. STAFF RECOMMENDATION: Staff recommends approval of the requested variances for the following reasons: 1. The Board of Adjustment has jurisdiction to address this request under section 17.48.110.