Board of Adjustment Minutes 2005 11 16

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Board of Adjustment Meeting Minutes NOVEMBER 16, 2005 Page 2 of 7 Loeblich reported no conflict of interest and he also had contact with the property owner at 2095 Eisenhower during the site visit. Kelly reported no conflict of interest and no contacts for either case. Case No. 05-026-VA ; 935 South St., Lot 2, Del Pizzo, Filing #1; MMIC, Inc. c/o Eric Stimpfl; two variance requests from Section 17.12.050 of the Louisville Municipal Code to allow the construction of a new home: 1)Reduce the minimum rear yard setback from 25 feet to approximately 16.5 feet. 2)Reduce the minimum front yard setback from 20 feet to approximately 16 feet. Public Notice Verification: Johnstone verified the public notice requirements: published in the Daily Camera; posted in City Hall, the Public Library, the Recreation Center and the Courts and Police Building; mailed to surrounding property owners within 500 feet of the subject property; and the property was posted with the required signage. Stuart moved and Loeblich seconded a motion to accept the Public Notice Verification information as presented by Staff. Motion passed by voice vote. Staff Presentation of Facts and Issues: Johnstone provided the following summary:  The property is: located at 935 South Street (Lot 2, Del Pizzo, Filing No. 1); zoned Residential Low Density (RL); and within the boundaries of the Old Town Overlay District.  The applicant is requesting two variances: 1) front setback reduction from 20 feet to approximately 16 feet, and 2) rear setback from 25 feet to approximately 16.3 feet. Both of the proposed setbacks would actually be greater than the current setbacks for the existing structure on the property.  The subdivision was created in the early 1980s.  The applicant has recently purchased the property.  The existing structure, built in 1893, is considered legally non-conforming in regards to both the front and rear setbacks. The existing home has structural problems and as a result the new owner proposes to demolish the existing structure and build a new home on the property.  The demolition has been reviewed and approved by the Historic Preservation Commission.  The following is the staff analysis of the 6 criteria. 1.Unique circumstances, including narrowness or shallowness of lot. The lot is 57 feet deep, much shallower than a typical lot in the Old Town area, which would be 125 feet deep. If the strict setbacks were applied, a structure built on the property could only be 12 feet deep. 2.Unusual circumstances do not exist throughout the neighborhood. Staff is not aware of another lot in Old Town that is this shallow in depth. The adjacent lot to the east has generally the same dimensions; however, its front yard is considered Front Street, so it even has somewhat greater depth, though not much.