Board of Adjustment Minutes 2009 07 15

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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 not exist throughout the neighborhood or district in which the property is located.  Similar to other lots in Cherrywood  No unusual circumstances or conditions  Criterion not met 3. That because of such physical circumstances or conditions, the property cannot reasonably be developed in conformity with the provisions of Title 17 of the Louisville Municipal Code.  Staff did not identify physical circumstances or conditions preventing the property from being developed in conformance with title 17 of the LMC  Criterion not met 4. That such unnecessary hardship has not been created by the applicant.  Staff did not identify any unnecessary hardship. Therefore, this criterion is not applicable. 5. That the variance, if granted, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property.  No variances granted for similar rear setback encroachments in Cherrywood  Will alter the essential character of the neighborhood  Criterion not met 6. That the variance, if granted, is the minimum variance that will afford relief and is the least modification possible of the provisions of Title 17 of the Louisville Municipal Code that is in question.  The one story covered deck is the minimum amount of relief that will allow the applicant to have a small serviceable deck.  The two story covered deck that encroaches 6 feet into a 15 foot required 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: Y:\CENTRAL RECORDS\PLANNING\BOA\BOA.07.15.09.doc