Board of Adjustment Agenda and Packet 2010 05 19

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Board of Adjustment Meeting Minutes July 15, 2009 Page 3 of 12 McMillan continued with a discussion of the Six (6) Variance Criteria as follows: 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. . 80-90 feet deep . 65 and 77 feet wide . 6,535 square foot lot . Flat . Criterion not. met . . ,,. 2. That the unusual circumstances or conditions do _exist throughout the neighborhood or district in which the property i .. d. . Similar to other lots in Cherrywood . No unusual circumstances or condit"on . Criterion not met 3. That because of such physical circu$Jlinces or conditions, ,..,f!J?roperty cannot reasonably be developed' ,;/''''71formity with the provisro~~ Title 17 of the Louisville Municipal Code. ' .. V . Staff did not identify physical sta1lfs or conditions preventing the property from bing develope nformance with title 17 of the LMC . Criterion not met 4. That such unnecessary ha ~'" ip P.td?een ct~gted by the applicant. · ~:i~:~~~~~~~~~I:n "~'WfttrdshiP' Therefore, this 5. That the,Xt'ifPnce, i"-~Cf,~ted, Wf/~.~ alter the ~ssential character of t~e nelghbotfJf("Od or dlst,r,/~Jlm which .~,' property IS located, nor substantially or perma;;r.~mpair tt!3/~~priateil.7f or development of adjacent property. . No v~~,pc,e,>,'9'r:;;te_f;@EjJ;U!!!ar rear setback encroachments in erry\>v'opor ~ .tll!.i@!te~",,~ssential character of the neighborhood · CrrteQ'9n. nOl~t.. That the var~e, if gFtm.ted, is the minimum variance that will afford relief c;lJ..d is the leastlfdific"JfTon possible of the provisions of Title 17 of the ; " 'sville Municie~1 Code that is in question. The one ry covered deck is the minimum amount of relief that will pplicant to have a small serviceable deck. . story covered deck that encroaches 6 feet into a 15 foot req red setback is not the minimum modification possible to afford the applicant relief. A 6 foot wide deck could have been constructed in this location without requiring any relief from the setbacks. . Criterion not met McMillan reported the Staff findings do not meet any of the 6 criteria for approval and therefore recommends denial of the requested variance. Applicant Presentation and Questions from the Board to the applicant: G:\Board of Adjustment\BOA 2010\05.19.201 O\Complete Packet\02.BOA.07.15.09.doc