Board of Adjustment Agenda and Packet 2023 10 18

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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 finds that the new retaining wall and orientation of the rear -abutting lot at 360 Troon Court creates a condition where the property receives more shade than other similar properties, limiting the ability to develop the lot and yard spaces in a way that promotes the convenience, prosperity, and welfare of the residents without seeking a variance. Staff finds the proposal meets this criterion. 4. That such unnecessary hardship has not been created by the applicant. The subdivision and Planned Unit Development created lots along Troon Court that were approximately 20ft above the grade of the lot at 953 St Andrews Ln, requiring retaining walls. The applicants did not create this subdivision and the conditions that necessitated a retaining wall. Staff finds the proposal meets this criterion. 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. Staff finds that the proposal would not alter the essential character of the neighborhood. The house is similar in size to other homes under construction in Coal Creek Ranch Filing 3. Many nearby rebuilds have covered porches that are comparable in size to the proposed covered porch encroachment. There are support letters from nearby properties as well, including the immediately effected neighbor at 951 St Andrews Lane (see attachment 6). Staff finds the proposal meets this criterion. 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. The orientation of the structure allows for the least encroachment necessary into the front yard setback. The structure otherwise conforms to side and rear setbacks, as well as height requirements. Staff finds the proposal meets this criterion. PUBLIC COMMENTS: Staff received letters of support from neighboring properties. Public comments received to date are included as Attachment 6. STAFF RECOMMENDATION: Staff finds the proposal meets the applicable variance criteria in Section 17.48.110 of the LMC, and therefore, recommend approval of the variance request. BOARD ACTION: The Board may approve (with or without condition or modification), deny, or continue the application to a future meeting for additional consideration. The Board may also request 953 St Andrews Ln - Variance Page 7 of 8 BOA — OCTOBER 18, 2023