Board of Adjustment Minutes 2009 03 18

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Board of Adjustment Meeting Minutes MARCH 18, 2009 Page 3 of 11 Loeblich, Malmquist, Jasiak, Weise, Stuart and Chancellor all reported site visits, no ex parte contacts and no conflicts of interest. Staff Presentation of Facts and Issues: McMillan summarized the staff findings with the following points of discussion:  888 S. Palisade Court, Lot 17, Block 4 of the Cherrywood Subdivision  Request – reduce rear setback from 15 feet to 8 feet  Meeting notice indicated a second variance request to encroach 5.3 feet into the required 10 foot accessory structure rear setback. The applicant is no longer requesting the second variance.  Background on the request January of 2009 staff received a complaint, did a visual inspection o Letter sent asking for clarification if they were built without a permit o Applicants meet with staff and indicate that the improvements were o completed without a permit around 1997 – agree to do an ILC New ILC identified various violations of chapter 17 of the LMC. o Covered deck – 7 feet into 15 foot setback  Playhouse structure encroached into rear and side setback  8’ easement 2.5’ easement – steps and playhouse structure  encroach  Applicant given the option – bring it in to conformance or variance request  Agreed to move play structure out of easement and setbacks  Move steps out of easement  Encroachment of the covered deck into the rear setback is only variance request 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.  80-90 feet deep  65 and 77 feet wide  6,535 square foot lot  Flat  Criterion not 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 Cherrywood  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.  Staff did not identify physical circumstances or conditions preventing the property from being developed in conformance with title 17 of the LMC  Criterion not met