Board of Adjustment Agenda and Packet 2010 06 16

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2 of 2 4. That such unnecessary hardship has not been created by the applicant: The hardship was created by the configuration of the property, as established by the d 89U subdivision plat and alley vacation. This hardship was not created by the Kerss's. 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: The Kerss's intent is to build a new urban farm/craftsman style residence as their persona; retirement residence. The Kerss`s would retain ownership of the existing residence and property This two lot modest two residence variance request would be more consistent with the essential character of the neighborhood then the development of the use by right large possible home of 5.250 square feet. The property is surrounded on the south side and west side by the neighbor's back yards and the City Park across Roosevelt Avenue to the east. This lot configuration would afford privacy for all neighbors and would not substantially or permanently impair the appropriate use or development of adjacent property. f.. That the variance, if granted, is a minimum variance that will afford relief and is the least modification possible of the provisions of this title (Louisville zoning code) which are in question, The proposed residences will meet the zoning requirements with enough room to allow privacy for each residence and the surrounding neighbors. This lot split variance, which requires variances form the minimum lot width and one tot area size is the minimum variance that will afford relief cant is the least modification possible. This lot split variance request would preserve the existing site improvements and provide for residences more in keeping with the consistent existing neighborhood and Old Town character. With approval of this variance request the large lot and large residence use by right on the existing dot would be eliminated from the Old Town District.