Board of Adjustment Documents 1994

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location certificate was not forwarded to the Planning Department for review. At the time the contractor was seeking final approval and certificate of occupancy for the dwelling, an improvement survey prepared by Allen L. Royer and dated 11-8-94 was submitted to the Building Inspection Department by Mr. Parich (See Exhibit 4). The improvement survey showed a setback from the completed dwelling to the front property line of 16.7' at the northeast corner and 16.55' at another corner of the garage. A rear yard setback of 25.3' is shown. A 21.7' distance is shown between the dwelling and a line connecting two points labeled nail/disc offset 5' from the property line. An improvement survey received by the Building Inspection Department directly from the surveyor (See Exhibit 5) does not show this 21.7' distance which apparently had been added to the survey by someone other than the surveyor. Also, the rear yard setback is shown as 30.3' on the improvement survey received directly from the surveyor instead of 25.3' shown on the improvement survey submitted to the City by the contractor. The portion of the existing building that does not comply with the required minimum 20' front yard setback is a three car garage. If the building were to be modified to comply with the required setback, the interior depth of the garage would be reduced to approximately 19 feet. The living areas of the dwelling are within the required setbacks and do not need to be modified. A Temporary Certificate of Occupancy was issued for the property on November 18, 1994. The conditions of that Temporary Certificate of Occupancy are that the owner must either modify the existing structure to comply with the required 20 foot front yard setback or obtain a variance from the Board of Adjustment to permit a front yard setback of 16.9 feet. The temporary C.O. expires February 22, 1995. (See Exhibits 6, 7 & 8.) Both the owner and the permit holder have signed the temporary certificate of occupancy and have agreed to the conditions. VARIANCE CRITERIA The Board of Adjustment has authority to hear and decide, grant or deny this application for a variance to section 17.12.040 pursuant to the powers granted the Board in section 17.48.110 of the Louisville Municipal Code. The Board may grant a variance only if it makes findings that all of the criteria, as established under section 17.48.110, have been satisfied insofar as applicable: 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. Staff finds that this criterion is not met. The subject property is rectangular in shape and does not exhibit any exceptional topographical features. 2. That the unusual circumstances or conditions do not exist throughout the neighborhood or district in which the property is located. Staff finds that this criterion is not applicable because there are no unusual physical circumstances or conditions on this property. 2