BOA Variance Case 1997_2020 East St Unit B_6 Foot Fence

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ANDERSON FENCE SUMMARY • This case was originally scheduled for the December 18 Board meeting. Proper notice was not served to the adjacent property owners, and the case was continued at the December meeting to the January 15 meeting. Notice of the continuance was published on December 18. Public notice for the January 15 meeting was published in the Louisville Times Saturday, December 28 and mailed to surrounding property owners and osted in City Hall Tuesday, December 24. 1 ' ci o4l- '""ej j3' l �-C (?r� P� � �—G � a5 0 • The property is located at 2020 East Street, Unit 113, on the east sidef Highway 42, between Hecla Drive and Paschal Drive. • They are requesting a variance to allow a six-foot solid wood privacy fence in the front yard setback. • This is an approximately one-half acre triangular parcel. The property has nearly 400 feet of frontage on Highway 42, but is on average only 80 feet deep. The Davidson Highline ditch runs along the east property line. • The property was annexed and zoned PCZD - Commercial as part of the North Louisville General Development Plan. The PCZD zoning did not establish setbacks, and this property has not yet been through a Preliminary or Final PUD that would establish the required setbacks. The zoning general development plan did state that setback standards would generally comply with other commercial zoning districts. A typical setback in commercial zone districts would be 25 to 30 feet. Absent a specific standard, Staff has determined that 25 feet would be the minimum front setback for this property. The zoning code does not allow solid fencing higher than four feet within a required front setback. One condition in the 1989 annexation agreement between the Andersons and the City was that the residential use of the property could continue until the time of commercial development of the property. That has not yet occurred, so the property owner is entitled to reasonable residential use of the property. In 1996, an older mobile home on the lot was replaced by a new modular home. That modular home will be subject to the same provision in the annexation agreement and would have to be removed whenever commercial development begins. VARIANCE CRITERIA: The Board of Adjustment has authority to hear and decide, grant or deny this application for a variance to Sections 17.12.040 and 17.12.050, pursuant to the powers granted the Board in section 17.48.110 of the Louisville Municipal Code. The Board may grant a variance only if it makes findings that all of the criteria, as established under section 17.48.110, have been satisfied insofar as applicable: 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 effected property. Staff finds that this criterion is met. The lot is irregular in shape (roughly triangular), shallow in depth (only 80 feet on average), and is next to an irrigation ditch.