Board of Adjustment Agenda and Packet 2009 11 18

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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 existing parcel is between 225 and 241 feet deep and approximately 62 feet wide totaling 14,573 square feet. The width of this parcel is not irregular and staff did not identify any topographical or other physical conditions peculiar to the affected property. If the parcel were divided into two lots, the width of the lots would be similar to the width of the existing parcel, and the topography would not change significantly. 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. Staff did not identify any unusual circumstances or conditions associated with the subject property. The existing parcel is similar in size to the surrounding lots in the Acme Terrace Addition. The parcel is much larger than the lots to the south in the Front Court Subdivision. Staff did not identify any unusual circumstances or conditions of the lot which would prohibit it from being developed in conformance with the Old Town Overlay District requirements. Staff finds that this criterion has not been 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. The property has been developed with a two story house and a two story garage. Staff considers this to be a reasonable amount of development for the parcel. The physical circumstances of the parcel have not prevented it from being reasonably developed in conformity with the provisions of Title 17 of the LMC. Staff finds that this criterion has not been met. 4. That such unnecessary hardship has not been created by the applicant. Staff finds that any hardship that may be identified would have been created by the applicant as they chose to construct the garage in its present location. Staff finds that this criterion has not been met. 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. The garage structure at 533 County Road has been in place for approximately 2 years. The applicant is not proposing to relocate the garage. If the variances are granted the essential character of the neighborhood will not be altered as nothing will change with regards to the built environment. If the variances are approved, and the property is subdivided, the garage could be used as a dwelling unit in the future. The use of the garage as a dwelling unit has the potential to alter the essential character of the neighborhood or impair the appropriate use or development of adjacent property. There are 3 other dwelling units that are accessed from the alley. Staff finds that permitting this garage dwelling unit to be located 4 feet 6 inches closer to the alley than it would be if it were constructed to meet the Old 4