Board of Adjustment Agenda and Packet 2020 08 19

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complicates conformance with the rear setback requirement. Staff finds the proposal meets 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. The shallowness of the lot has resulted in a home that is limited in depth and that already abuts the rear setback line. The shape of the lot limits any further reasonable improvements on the property, particularly on the west side with the rear setback. Staff finds the proposal meets this criterion. 4. That such unnecessary hardship has not been created by the applicant. Staff finds that the applicant did not create the hardship on this property. The hardship is inherent in the way the PUD setbacks apply to the platted dimensions of this property. Further, the current owners did not build the previous non -conforming deck cover. Staff finds the proposal meets this criterion. 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 not alter the essential character of the neighborhood. The deck cover will not be visible from Johnson St. or be located unreasonably close to any neighboring property. The deck cover is modest in height (roughly 12'), which will limit the impact on the property directly to the west. For comparison, the applicant could construct an accessory structure in this location with a 10' setback, therefore the resulting impact on the neighboring property is similar. Staff finds the proposal meets 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 the deck cover is a reasonable request in terms of the size of the deck cover, and the variance, if granted, will result in the least modification possible. Staff finds the proposal meets this criterion. PUBLIC COMMENTS: To date, staff have not received any public comments on this application. STAFF RECOMMENDATION: Staff finds the proposal meets the applicable variance criteria in Section 17.48.110 of the LMC, and therefore, 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 8