Board of Adjustment Agenda and Packet 2020 10 21

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2. That the unusual circumstances or conditions do not exist throughout the neighborhood or district in which the property is located. Staff finds that while the majority of the lots in the Scenic Heights subdivision are similar in lot width and lot area as the subject property, the RE zoning standards were written for larger and wider lots. In addition, the larger street -side setback for the corner lot condition does not exist throughout the neighborhood, further restricting the developable area of the lot. Staff finds this criterion has been met. 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 there are circumstances and conditions that restrict the options available for improving the property. When applying the setbacks required in the RE zone district, the property is constrained to an area 35 feet wide that is developable for accessory structures, and this area is located on the south side of the property. A garage and shed with reasonable access cannot reasonably be located on the south side due to the location of the existing house. Staff finds this criterion has been met. 4. That such unnecessary hardship has not been created by the applicant. Scenic Heights was platted in 1959 and the home built in 1969, prior to the adoption of the City's current RE zoning setback standards 1977. Staff finds the hardship is related to the current standards applied to the lot as developed prior to enactment of the standards, which was not created by actions of the applicant. 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 structures will be located in close proximity to South Boulder Road, which is a high -volume arterial road. Several other properties in Scenic Heights that border South Boulder Road have accessory structures and driveways on the north side of the lots. The Board of Adjustment also approved a similar garage setback in the same neighborhood in 2017 at 1612 Longs Peak Drive. While this approval does not set precedent on this application, it does contribute to the established character of the neighborhood. Staff finds the proposal meets this criterion. 6