BOA Variance Case 1997_2020 East St Unit B_6 Foot Fence

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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 this criterion is met. This lot is not in a platted subdivision or established neighborhood. The property is being used residentially as an interim use before its likely commercial development. The lot shape and depth are not typical for a residential lot in Louisville, especially a residential lot on an arterial roadway. There are not, to our knowledge other lots with a similar set of conditions. 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 this criterion is met. Because of the shallow depth of the lot, and the presence of State Highway 42 in the front, the modular home has been situated in the rear of the lot. The approximate 40-foot setback from Highway 42 allows for some separation from the traffic on that roadway, but leaves the property with almost no rear yard. Typically rear yards are used for private and secure play areas for children. Without such an area in the back, the applicant is requesting to create a private and secure play area in the front yard setback. In other residential areas in the City that are adjacent to arterial roadways, the City has typically approved privacy fences for those lots. Residential areas along McCaslin Boulevard, Via Appia, Cherry Street, and South Boulder Road all provide numerous examples. Those fences are designed to provide separation for the homeowner to reasonably enjoy a quiet, private use of their property. Such fences are generally in the side or rear of the lot. Here, the house has access off Highway 42, so that the variance is required, but the request for separation from an arterial street is consistent with that approved for most subdivisions. 4. That such unnecessary hardship has not been created by the applicant. Staff finds that this criterion has been met. This is an existing lot that the City approved (through the annexation agreement) for continued residential use until commercial development occurred. The location adjacent to Highway 42 and an irrigation ditch are historical conditions that the applicant did not create. Part of the need for the privacy fence relates to the increasing traffic volumes on Highway 42. The applicant has not caused those increases. 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 this condition has been met. This lot is not part of a residential neighborhood. The residential use is considered an interim use before the commercial development of this and surrounding property. The character of this and surrounding property will be established through the public review of a Preliminary and Final Plat and PUD for all or part of the area. The residential use of the property, including the use of the fence will be discontinued then.