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WHEREAS, the Planning Commission finds it would be a hardship for lot owners <br />within such subdivisions to be required to rebuild utilizing more restrictive dimensional <br />criteria than were applied for the original structure; and <br />WHEREAS, Section 17.28.200.D of the Louisville Municipal Code provides that, <br />for any area covered by a final development plan for a residential PUD approved after <br />August 1, 1995, no building permit may be issued more than 36 months after City Council <br />approval of the plan unless an extension of time is approved pursuant to subsection <br />17.28.210.B and issuance is within such extended time; and <br />WHEREAS, the Planning Commission finds this time limitation should not be <br />applicable to prevent rebuilding of any residence damaged or destroyed by the Marshall <br />Fire; and <br />WHEREAS, Chapter 17.72 of the Louisville Municipal Code provides regulations <br />for a Planned Community Zone District ("PCZD"), the purpose of which is to encourage, <br />preserve and improve the health, safety and general welfare of the people of the City by <br />encouraging the use of contemporary land planning principals and coordinated <br />community design; and <br />WHEREAS, each PCZD is governed by an approved general development plan <br />that controls all development within the district and which controls the issuance and <br />validity of all building and occupancy permits within the district; and <br />WHEREAS, Section 17.72.190 of the Louisville Municipal Code requires yard and <br />bulk requirements under a PCZD to be specified in the approved general development <br />plan ("GDP"); and <br />WHEREAS, for residential development, such yard and bulk requirements are to <br />be in general conformance with R-E, R-L, R-M, R-H, and SF Zones, each of which Zones <br />provide different yard and bulk requirements as set forth in Section 17.12.040 of the <br />Louisville Municipal Code; and <br />WHEREAS, City staff have identified GDPs within the Burn Areas where yard and <br />bulk standards were not established and therefore no controlling regulations exist; and <br />WHEREAS, the Planning Commission finds that lot owners seeking to rebuild <br />homes within the areas covered by these GDPs would have a reasonable expectation <br />that they could rebuild their homes to reflect similar yard and bulk standards as existed in <br />the built subdivision prior to the Marshall Fire; and <br />WHEREAS, each of the subdivisions within the Burn Areas are located is governed <br />by a PUD development plan or a PCZD general development plan (the "Approved <br />Development Plan"); and <br />WHEREAS, these Approved Development Plans were intended to control the <br />development therein in accordance with the purpose and authority set forth in Title 17; <br />and <br />WHEREAS, in addition to the discrepancies and gaps noted above that have been <br />2 <br />