BOA Variance Case 1995_741 Lincoln Ave

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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 met. The existing residence on the property has an unusually steep roof line. 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 met. No other homes in the immediate vicinity have a similar roof line. 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 met. It is reasonable for the applicant to utilize a roof line for the proposed accessory structure that matches that of the principal structure on the same lot. 4. That such unnecessary hardship has not been created by the applicant. Staff finds that this criterion is met. The existing home was constructed long before the applicant purchased this property. 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 is met. By using the same roof line on the accessory structure as the principal structure on the property, the existing character of the neighborhood will be enhanced. The additional four feet in height will not obstruct views from adjoining properties or impair solar access to adjoining properties. 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 which are in question. Staff finds that this criterion is met. The requested variance will merely allow the same roof line as the existing house on the same property.