BOA Variance Case 1995_109 Lois Cir

Home Browse Search

The proposal is to construct a 10 foot by 17.5 foot sunroom on the west side of the house over an existing deck. The proposed setback from the rear property line is 10 feet. The existing 21 foot street side yard setback will be maintained. 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 as modified by an approved PUD pursuant to the powers granted the Board in sections 17.28.240 and 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, similar in size to other lots in the same subdivision, and does not display any significant topographic 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 met. There are 17 lots fronting onto Lois Circle. Only three lots have a lot depth greater than 93.5 feet. The width of the subject lot is similar to the other lots on Lois Circle. The allowable building envelope on the subject lot is similar in size and shape to the allowable building envelope on the other 16 lots on Lois Circle. 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 finds that this criterion is not met. The applicant currently has reasonable use of the property. The existing home is nearly identical to other homes within the immediate neighborhood. There are other locations on the property where additional living space can be added to the existing house in conformance with the PUD requirements. 4. That such unnecessary hardship has not been created by the applicant. Staff finds that this criterion is not applicable. The applicant has not demonstrated that an unnecessary hardship exists that does not allow reasonable use of the property without a variance. 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. Staff finds that this criterion can be met provided the proposed addition is architecturally compatible with the existing house. The closest portion of the adjacent home to the west to the proposed addition is an attached garage without any windows on the adjacent side. This is a side yard for the adjacent property. 2