BOA Variance Case 1997_2020 East St Unit B_6 Foot Fence

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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 provides a reasonable amount of visual and aural separation from the road, but leaves the property with almost no rear yard. Typically rear yards would be 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. 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 are in question. With conditions, Staff finds that this criterion is met. The request to enclose an approximately 45-foot by 140-foot area with privacy fencing would provide a very large enclosure relative to what other typical lots would have enclosed in their back yard. Staff believes that it would be appropriate to move the fence back 10 feet, and reduce its length along the street to 100 feet. By doing this, the visual impact of the fence 3