Board of Adjustment Agenda and Packet 2009 11 18

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Town Overlay District requirements will not substantially or permanently impair the appropriate use or development of adjacent property. Staff finds that this criterion has been met. 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 applicant has requested to encroach 5 feet 6 inches into the required 20 foot front setback. This encroachment would extend approximately 45 feet along the entire western face of the garage. Staff finds that this extension is not the least possible modification to afford relief to the applicant. Staff finds that this criterion has not been met. PUBLIC COMMENTS: Public notice was mailed to all property owners within 500 feet of the subject property. Staff has received three letters in opposition of the variance request. Letters were received from Bret Fulton and Lisa Rogers (507 Front St.), Garrett Mundelein (557 County Road), and Fred Bacher (520 Main St.). Copies of the letters have been included in the BOA packet. If additional comments are received prior to the hearing, that information will be presented at the hearing. STAFF COMMENTS: Staff finds that variance criteria 1, 2, 3, 4 and 6 in Chapter 17.48.110 of the LMC have not been met. As a result, staff recommends denial 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 additional information if they feel that is needed for their proper consideration of the variance application. The Board will need to make a determination based on the application as it has been submitted. If the Board desires the applicant to make changes to the application that would affect the extent of the variance requested, staff recommends the Board continue the hearing to a later date. The Board needs to find that all six variance criteria, insofar as applicable, have been met in order to grant approval of a variance. The variances, if granted would be valid for six (6) months. The applicant would need to submit a complete building permit application for the work proposed in the variance within six months of the Board's approval. ATTACHMENTS Attachment 1 — Original Certificate of Occupancy for the garage at 533 County Road. • Attachment 2 — 2008 letter from Principal Planner Sean McCartney to the 533 County Road property owner. 5