Board of Adjustment Agenda and Packet 2009 11 18

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r`� D AUG 19 PLANNING REQUEST The applicant is seeking Board of Adjustment approval of a "front year setback" variance of five feet. The dwelling was constructed in 2008, but the builder located the structure 15 feet from the lot line instead of 20 feet. When the dwelling was constructed, the intent was to keep it as an accessory structure. Had it been built with a proper setback, this variance would not be necessary and the property could be subdivided into two legal lots. If approved, the minimum lot size for the rear dwelling will be 7,000 square feet. The only variance sought to make this a legal dwelling is what would be considered a front yard setback of 15 where 20 feet is required. The approval of this variance would maintain preserve existing structures and still maintain the street character of this residential area. Section 17.12.005. This request "preserves the street -facing facade" by allowing the alley -facing dwelling to be utilized as a residence. Had this been constructed with the proper setback from the alley, the Old Town overlay district lot coverage bonus might have been realized. There are few houses utilizing this alley as the front entrance and each has a varying setback. The character of the neighborhood will not be impacted. CRITIERIA 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. RESPONSE: The lot is an unusually shaped large lot that stretches from County Road 124 a/k/a Front Street to a twenty -foot wide alley. The lot is 62.50 feet wide by 225.30 feet long. This 14,573 square foot lot (0.335 acres) could be subdivided into two 7,000 plus lots. 2. That the unusual circumstances or conditions do not exist throughout the neighborhood or district in which the property is located. RESPONSE: As noted above, the shape of the lot does not exist anywhere in the neighborhood because of the annexation and development patterns in the neighborhood. This long lot could have been divided by previous owners and created the two lots now desired. The 14,573 square foot lot is over twice the 7,000 square feet minimum lot size for this zone. The PUD to the north assembled several lots. To the South are the rear yards of Lots 3, 4 and 5 of Front Court. Alley essentially abandoned, 3. That because of such physical circumstances or conditions, the property cannot reasonably be developed in conformity with the provisions of this title (Louisville zoning code).