Board of Adjustment Agenda and Packet 2009 08 19

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Board of Adjustment Meeting Minutes July 15, 2009 Page 9 of 12 Staff informed them that the deck was built within the required setbacks o and stated that they would need to either remove the encroaching elements of the deck or apply for a variance. McMillan continued with a discussion of the Six (6) Variance Criteria as follows: 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. 100 feet deep 75 feet wide 7,500 square foot lot Property slopes from front to back, so topography is an issue Criterion has been met 2.That the unusual circumstances or conditions do not exist throughout the neighborhood or district in which the property is located. Similar to other lots in Ponderosa No unusual circumstances or conditions Criterion not 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. Property does need egress from second floor, so stairs are needed on the deck. This is considered a physical circumstance. Criterion has been met 4.That such unnecessary hardship has not been created by the applicant. The unusual topography is not the result of the applicant’s action. Criterion has been met 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. The rear of the property faces open space Approval of this deck will not impair the neighbor to the east and they have approved the location The request does not alter the essential character of the neighborhood Criterion has been met 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 is in question. This is the minimum requirement needed for stairs to be constructed Could not have been relocated to require less relief Criterion has been met McMillan reported the Staff findings do not meet all of the 6 criteria for approval and is recommending denial of the requested variance. Questions of Staff by the Board and Applicant: Jasiak asked staff what minimum area is required for a stairway landing. X:\Planning\Board of Adjustment\2009\BOA.07.15.09.doc