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<br />Board of Adjustment <br />Meeting Minutes <br />July 15, 2009 <br />Page 9 of 12 <br /> <br />o Staff informed them that the deck was built within the required setbacks <br />and stated that they would need to either remove the encroaching <br />elements of the deck or apply for a variance. <br /> <br />McMillan continued with a discussion of the Six (6) Variance Criteria as follows: <br />1. That there are unique physical circumstances or conditions such as <br />irregularity, narrowness or shallowness of lot, or exceptional topographical or <br />other physical conditions peculiar to the affected property. <br />. 100 feet deep <br />. 75 feet wide <br />. 7,500 square foot lot <br />. Property slopes from front to back, so ~ t?Qhy is an issue <br />. Criterion has been met ~ . '" <br />2. That the unusual circumstances or condit/Gas do not exi$t!throughout the <br />neighborhood or district in which the p.rljlEy is located. <br />. Similar to other lots in Ponder6"l' <br />A:W1!P <br />: ~~t~~~~una~tc~~~mstances~itions <br /> <br />3. That because of such physical circums' r conditions, the property <br />cannot reasonably be dej,,~(:~f1.ed in con with the provisions of Title 17 <br />of the Louisville MunicipalJ,G.b~ <br />. Property does nee~~[essi.fj;~~econ~fi'"' so stairs are needed on <br />the deck. This is cons!~ered"a'psi al clrq~stance. <br />. Cnten_9S~en mei~ <br />4. That such u~!1ece*!~~hards~ftyt? not bee eated by the applicant. <br />. Ti,~sual to~qwaphy Isit)ot the result of the applicant's action. <br />. e,(;rion has b(;~ met , <br />5. That thev.gce, !~tI.~i.r'iII notlftJter the essential character of the <br />ne!f};ggorhooa!f,~tncfirr'w~1r;property IS located, nor substantially or <br />e il_itly Imp~4~he appropnate use or development of adjacent property. <br />. TI1~r ofit~~41'roperty faces open space <br />APP1o~~Of tfii~~$~ck will not impair the neighbor to the east and they <br />have aPREoved ltj'~ocation <br />. The req~t does not alter the essential character of the neighborhood <br />Criterion ,p<!s been met <br />6. Tha l,f}. variatlfl if granted, is the minimum variance that will afford relief <br />and ;~.t~i(~f$fI~odification possible of the provisions of Title 17 of the <br />Louisvillej"~cipal Code that is in question. <br />. This is the minimum requirement needed for stairs to be constructed <br />. Could not have been relocated to require less relief <br />. Criterion has been met <br /> <br />McMillan reported the Staff findings do not meet all of the 6 criteria for approval and is <br />recommending denial of the requested variance. <br /> <br />Questions of Staff bv the Board and Applicant: <br />Jasiak asked staff what minimum area is required for a stairway landing. <br /> <br /> <br /> <br /> <br /> <br /> <br />G:\Board of Adjustment\BOA 2010\05.19.201 O\Complete Packet\02.BOA.07.15.09.doc <br />