BOA Variance Case 1997_2020 East St Unit B_6 Foot Fence

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the reasonable use of their property in its existing fashion, until there was sufficient demand for the commercial use of the property. To this point, there has not been significant commercial development pressure in this area. Highway 42 is considered an arterial roadway in the City's Comprehensive Plan. The 100 feet of right of way are sufficient for construction of a four -lane arterial. The Colorado Department of Transportation anticipates that the road will be improved to that standard, but no schedule is established. In other parts of town, when residential uses abut an arterial roadway, typically a solid wood privacy fence is installed to provide aural and visual separation. Such a fence design would be approved through the City's PUD approval process. The applicant points out two other locations along Highway 42 where privacy fences exist. The location further north on Highway 42 is outside the City limits. The City of Louisville also owns property at the northeast corner of Empire Road and Highway 42 for the Louisville/L.afayette Recycling Center. That property has a solid privacy fence that screens the recycling dumpster. The fence is located in the front yard setback. That fence was approved because of the conflicting requirement of Section 17.16.110 of the Code that all exterior storage areas are fully screened to a height not to exceed six feet. A variance was not required because of the conflicting requirements and because the City Council reviewed the proposal in a similar manner to what would have been a PUD review and approval. Such a PUD approval could have approved a variance from the restriction on privacy fencing in the front setback. 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, with a rear property line adjacent to an irrigation ditch. 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 other lots with a similar set of conditions. 2