Board of Adjustment Agenda and Packet 2020 06 17

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For the eleven lots in the image above along Rose Street, the average lot coverage is 20.9% with a range between 12.7% - 26.5%. 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. For the purposes of this report, staff is evaluating the front setback request separately from the side and rear setback and lot coverage requests, as the scopes of work can be considered independently. 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 the lot is a conforming lot within the RL zone district. This district has a minimum lot size of 7,000 sf, and this lot is 7,350 sf. The district also has a minimum lot width of 70 ft, which this lot meets at 70 ft. Staff finds most relevant the fact that the maximum lot coverage in the neighborhood is 30%, the average along Rose Street is 20.9% and the maximum in the range is 26.5%, while the proposal is for a lot coverage of 40%, well above allowed and existing conditions in the neighborhood. Staff finds there are no unique circumstances with regard to lot size, configuration or limitation on lot coverage on this property. Staff notes that the existing front porch is nonconforming with regard to the front setback, and that it appears most of the properties along Rose Street also encroach into the front setback, therefore this could be considered a unique condition with regard to the front porch. However, considering the totality of all aspects of the application, there is not a unique condition related to the lot. 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 there is not a unique circumstance related to lot size that warrants consideration of the lot coverage request. Staff believes that throughout the RL zone district, the setback encroachments found on the properties on Rose Street are not typical, and do not exist throughout the entirety of the Bella Vista subdivision or the RL zone district, therefore portions of the request meet this criterion. However, the totality of the application does not meet this criterion. 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 property can reasonably be developed in conformity with the provisions of Title 17 with respect to lot coverage and the side and rear setback portions of the application. The RL zone district allows 35 ft in height for a principal structure, which could accommodate a second floor addition to the existing structure to provide the desired expansion to the home. Additionally, the applicant could not attach the addition to the 7