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SUMMARY: <br />The applicant requests approval of a variance from the Old Town Overlay side -to -street <br />setbacks to allow construction of a second -story addition over an existing garage. <br />BACKGROUND: <br />The owner of the subject property applied for a building permit for a second -story garage <br />addition in January 2023. The City denied the permit because the proposal expanded an <br />existing non -conformity by adding a second story to an existing garage with a 3.1-foot <br />setback, plus a deck encroachment that resulted in an overall 1.5-foot setback from the <br />property line. The Louisville Municipal Code (LMC) Section 17.36 that governs <br />Nonconforming Uses precludes expansion on nonconforming structures with the following <br />language: <br />...A nonconforming structure or use may be continued and maintained in <br />reasonable repair but shall not be structurally altered, extended, or <br />expanded. <br />The subject property is located on a corner lot abutting an alley in the Murphy Place <br />subdivision, platted in 1907. The Old Town Overlay and the Residential Medium Density <br />Zone District (R-M) govern zoning for the property. The primary structure, which is not part <br />of the variance request, was built circa 1932. The age of the garage is difficult to determine. <br />There was a 16x12 wood -and -dirt detached garage on the property as far back as 1960, <br />according to the 1960 Assessor's Card. The building permit record shows a garage added <br />or expanded in 1967 with hand -drawn site plans (not to scale) that show a 20x20 garage in <br />the southeast corner of the lot. The survey submitted for the 2023 building permit application <br />shows a 24.3x22.2-foot garage in the southeast corner of the lot. Given this information, <br />despite the slight difference in size, it is likely that the current garage was built in the 1960s <br />or before. <br />®n <br />I <br />T <br />eFaoT ■ <br />� <br />"a <br />'a <br />old <br />ga <br />5 <br />GRASS - <br />� <br />z2 <br />■ <br />wood <br />cENCE I <br />— <br />��- <br />c47 <br />26.4• <br />I oho <br />I fAN <br />III' <br />yyppp <br />GRASS <br />Y <br />ET <br />CONCRE <br />TREWS <br />WOOD BENCH PATIO <br />I <br />LOT 4, BLK 7 <br />■ w000 LANDSCAPE <br />FENCE AREA <br />22.2' <br />31' <br />■ GRASS <br />I <br />B LOT I, BILK <br />I� <br />WDOD FRAME <br />w <br />� <br />2-CAR GARAGE <br />z � <br />LANDSCAPING ■ esom <br />AREA <br />IU <br />ce <br />I y� <br />S az <br />zz.z' <br />iGr 2,Y 5 8g'31 :59' E 6I.01' (C) <br />, n..re <br />i <br />_ �.2' <br />p ws, <br />2023 survey showing current garage in southeast corner of lot (left) and 1967 site plans for "move in <br />garage" permit (right). <br />01 <br />