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3. That because of such physical circumstances or conditions, the property cannot reasonably <br />be developed in conformity with the provisions of Title 17 of the Louisville Municipal <br />Code. Staff finds that this criterion is not met. The property can be reasonably developed <br />in conformity with the PUD as evidenced by the site plan submitted with the building <br />permit. (See exhibit 1.) <br />4. That such unnecessary hardship has not been created by the applicant. Staff finds that this <br />criterion is not met. The hardship has been totally created by the contractor. In the <br />applicant's letter of justification the assertion is made that the original survey was held to <br />be incorrect. The evidence does not support this assertion. All of the surveys submitted <br />consistently showed the setback from the building to the front property line as 16.55' to <br />16.9'. (See Exhibits 2, 3, 4, and 5.) The small discrepancy between the improvement <br />location certificate measured in July and the improvement survey measured in November <br />can be explained by the addition of the framing and siding to the structure. All of the <br />surveys have clearly shown that the nail/disc embedded in the sidewalk is offset five feet <br />from the property line. The measurement apparently added by the contractor from the <br />building to the line connecting the two nail/discs is irrelevant. The contractor aggravated <br />the situation by continuing construction after he became aware of the nonconforming <br />setback. There is also evidence that the surveys were altered prior to submission to the <br />City. <br />5. That the variance, if granted, will not alter the essential character of the neighborhood or <br />district in which the property is located, nor substantially or permanently impair the <br />appropriate use or development of adjacent property. Staff finds that this criterion is not <br />met. This house has a setback that is 17.25% less than the minimum required by the <br />PUD. <br />6. That the variance, if granted, is the minimum variance that will afford relief and is the <br />least modification possible of the provisions of Title 17 of the Louisville Municipal Code <br />which are in question. Staff finds that this criterion is not met. The PUD already granted <br />relief from the underlying zoning requirements. The living areas of the house will not be <br />affected if it is modified to conform to the zoning requirements. The garage will still <br />accommodate many, although not all, vehicles. <br />STAFF RECOMMENDATION: <br />DENY the requested variance. The criteria necessary to grant a variance are not met. <br />3 <br />