Board of Adjustment Agenda and Packet 2009 07 15

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REVIEW CRITERIA: The BOA has authority to hear and decide, grant, or deny this application for a variance to the Cherrywood Subdivision PUD under the powers granted the BOA in Section 17.48.110 of the LMC. The BOA may grant a variance only if it makes findings that all of the criteria, as established under Section 17.48.110.B.1-6, have been satisfied, insofar as applicable: The applicant has provided a written analysis of the variance criteria, which has been included in the BOA packet materials. Following is a staff review and analysis of the variance criteria. 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 affected property. The subject lot is between 80 and 90 feet deep and between 65 and 77 feet wide. The lot area is approximately 6,500 square feet. The dimensions of this lot are not irregular for the Cherrywood Subdivision. The majority of the lots within the Cherrywood Subdivision are similar in size to the subject lot. Of all the corner lots in the subdivision, the applicant's lot is the smallest. However, it is only 327 square feet smaller than the average corner lot (See attachment 3 for a complete analysis). There are numerous interior lots of smaller dimensions than the subject lot. Staff was unable to identify any irregular conditions of the lot that would meet this criterion for approval. Staff finds that this criterion has not been met. - 2. That the unusual circumstances or conditions do not exist throughout the neighborhood or district in which the property is located. The subject lot is similar in size to the surrounding lots in the Cherrywood Subdivision. Staff did not identify any unusual circumstances or conditions of the lot which would have prohibited it from being developed in conformance with the requirements of the Cherrywood Subdivision PUD. Staff finds that this criterion has not been met. 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. A single family home which met the provisions of the Cherrywood Subdivision PUD originally existed on the property. When the original home was constructed on the lot, the southeast corner of the home was located 21 feet from the rear property line. The northeast corner of the home was located 26 feet from the rear property line. Staff finds that the original home, which met the setbacks, was a reasonable development of the property. There were not any physical circumstances or conditions identified that prevented the property from being reasonably developed in conformity with the provisions of Title 17 of the LMC. Staff finds that this criterion has not been met. 4. That such unnecessary hardship has not been created by the applicant. Staff did not identify any unnecessary hardship. Therefore, this criterion is not applicable. 4