Board of Adjustment Agenda and Packet 2009 11 18

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• 11.29.2006 — Applicant applies for a building permit to construct a two story garage o Garage is shown with a 40 foot rear setback. o Notes on plan set from reviewer state; "this may not be a separate unit", "guest facilities only" and "kitchen not permitted" o Permit does not include any kitchen facilities. • 8.22.2007 — Applicant submits revisions to the original permit o Garage is shown as one story with a 13 foot rear setback from the rear property line with a bath, closet, and office. o Floor plan does not show a kitchen. o Notes from the reviewer on the plan states "not to be used as a sleeping room". o Plan is approved and construction commences. • 3.10.2008 - Applicant submits revisions to the permit o Garage is shown as a two story structure with a 13 foot rear setback o Floor plan does not show a kitchen o Plan is approved and construction is completed. • 7.24.2008 - Certificate of Occupancy is issued with a note stating "Detached Garage Not to be used as Residence" (See attachment 1) The garage was permitted as an accessory structure and therefore was subject to less restrictive setback requirements than a principal structure. The following table outlines the Old Town Overlay District setback requirements for both principal and accessory structures. Table 1: Old Town Overlay District Setbacks Requirements Setback Requirement Front (principal structure) 20 feet Side (street side principal structure) 15 feet Side (interior principal structure) 7 feet Rear (principal structure) 25 feet Side (accessory structure) 3 feet Rear (accessory structure) 3 feet or 0 feet adjacent to an alley The garage at 533 County Road was permitted to be located 13 feet from the rear property line. A variance was not required to construct the garage in this location as it was an accessory structure. Notes were included on the building permit and in the City of Louisville building permit software indicating that the garage could not include a dwelling unit. The applicant was also notified that the property could not be subdivided at a later date without a variance because the garage would not conform to the principal structure setback requirements. PROPOSAL: The applicant proposes to subdivide the subject property into two separate lots. If the property were to be subdivided, the existing garage and home would be located on separate lots. The front of the lot that would contain the single family home would be County Road. The front of the lot that the garage would 2