Board of Adjustment Agenda and Packet 2009 11 18

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City of Louisville Planning Department Gavin McMillian To Mr. McMillian, SEP 16 2009 PLANNING 557 County Road Louisville, CO 80027 September 12, 2009 This letter in regards to the variance request for 533 County Road, that is on the September 16th Board of Adjustment agenda and also known as: Case #09-011-VA — Approval of a variance from Chapter 17 of the Louisville Municipal Code (LMC). The variance is described as follows: 1. Variance from Section 17.12.050.F to encroach 5 feet 6 inches into the 20 foot required front setback. The requested variance would not have a negative effect on the neighborhood in general. I personally would be fine with the existing garage structure being used as a primary structure. I do, however, believe that the manner, location, and existing conditions will prevent this from becoming a conforming primary structure. Currently the garage is located at the rear of the lot. As such, the rear yard setback for a primary structure per section17.12.050, L, 1, is 25 feet. The applicant would be requesting a variance of 10' 6" from the existing requirements in order to be allowed to make the existing structure a primary structure. The format that the applicant is using appears to be that they will change the current definition of front and rear lot lines in order to accommodate their current situation. It appears that by changing the rear lot line to a front lot line and calling the public alley a street will help their cause. I am fine with that. Now the issue is that according to Section 17.12.050. G, there is a current requirement that " Where the only access available to a lot is from a street adjoining the front line, the minimum front yard setback for an attached or detached garage shall be not less than 20 feet greater than the setback between the front property line and the front building line of the dwelling." The point being that even if a variance to setback was granted, the manner with which the garage was built would not meet the current Old Overlay Zoning District Regulations. Unfortunately the owner should have requested permission and guidance from the Planning Department prior to construction. The denial of this request will not devalue her property in any way. Sincerely Garrett Mundelein