Board of Adjustment Agenda and Packet 2023 03 15

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SUMMARY: The applicant requests approval of a variance from the Residential Low Density (R-L) zone district and Old Town Overlay front setbacks to allow construction of 96 square foot addition with a front setback of approximately 13' 10" (see Attachment 2 for application materials). BACKGROUND: The Board of Adjustment (BOA) reviewed this application on February 16, 2022 and approved the variance request (see attached for minutes from that meeting). However, no permits were applied for under the variance approval and the variance approval expired. The request and application documents are the same as the initial case. The property is located on a corner lot at the intersection of McKinley Avenue and Pine Street and is part of the Louisville Heights Subdivision, which the City approved in 1904. The Old Town Overlay and the Residential Low Density Zone District (R-L) regulate zoning for the property. The primary structure was built in 1907. As with many structures and lots in the Old Town Overlay, the property has nonconforming setbacks. The structure was built with its front elevation facing south, toward Pine Street. However, the Louisville Municipal Code (LMC) defines front lot line for a corner lot in Section 17.08.295: Front lot line means the property line dividing a lot from the right-of-way of the street. For a corner lot, the shortest street right-of-way line shall be considered as the front line. Therefore, the front lot line for the subject property is McKinley Avenue, making the existing front setback for the primary structure 12' 6", as shown in the figure below. Figure 1: Existing Site Conditions 2