Board of Adjustment Agenda and Packet 2009 09 16

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Section 17.12.050 C of the Old Town Overlay Zoning District Regulations require that; The predominant roof shall be a hip/ridge design and shall not be a shed roof or other design. The minimum roof pitch for the predominant roofs on both principal and accessory structures shall be 6:12. A `predominant roof" is one having a surface area that exceeds more than 80 percent (80%) of the total surface area of all roofs on the structure, as calculated by the planning department. "Roof pitch" means the slope of the roof or the angle which is formed between the roof and the horizontal plane. This section of code requires that 80% of all roofs on all structures on the property have a pitch of 6:12 or greater. Approximately 81% of the roofs on the existing home and garage at 1008 Grant Avenue have a pitch of 6:12 or greater. If the garage and studio space are constructed as proposed, only 61% of the roofs on the two structures will have a pitch of 6:12 or greater. In order to construct these improvements, the applicant must first attain a variance from the Old Town Overlay Zoning District Regulations. PROPOSAL: The applicant proposes to construct a new garage and studio space at 1008 Grant Avenue. Approximately 50% of the new garage and studio space will be covered by a roof with a pitch of 10:12. The remainder of the structure will be covered with a 0.5:12 pitch roof. The applicant is requesting a variance from Section 17.12.050.0 of the LMC to allow for a predominant roof pitch less than the 6:12 pitch required by the Old Town Overlay District Regulations. REVIEW CRITERIA: The BOA has authority to hear and decide, grant or deny this application for a variance from Section 17.12.050.0 of the LMC by the powers granted the BOA in Section 17.48.110 of the LMC. The BOA may grant a variance only if it makes findings that all of the criteria, as established under Section 17.48.110.B.1-6, have been satisfied, insofar as applicable: The applicant has provided a written analysis of the variance criteria, which has been included in the BOA packet materials. Following is a staff review and analysis of the variance criteria. 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. The subject property is located on two lots and is 50 feet wide and 125 feet deep for a total of 6,250 square feet. This property is standard size for Downtown Louisville. Staff did not identify any topographical conditions that are peculiar to the property. Staff was unable to identify any irregular conditions of the parcel that would meet this criterion for approval. Staff finds that this criterion has not been met. 2. That the unusual circumstances or conditions do not exist throughout the neighborhood or district in which the property is located. 2