BOA Variance Case 1995_351 Troon Ct__353 Troon Ct

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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. The combination of lot configuration and topography are unique to the subject properties. 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. The underlying zoning ordinance would normally permit the proposed six foot high wood privacy fence in the rear yard. The condition of the PUD development plan that imposed a more restrictive requirement was intended to balance the objective of rear yard privacy for the homeowners on Troon Court with the objective of maintaining a pleasant streetscape for the homeowners on St. Andrews Lane and the community in general. The proposed fence, with the conditions approved by the subdivision architectural control committee, will continue to maintain a reasonable balance between these two objectives. The ten foot wide landscaped setback between the fence and the street will maintain a pleasant streetscape. The six foot high fence will allow reasonable privacy for the homeowners' rear yards, although the usable area of the private rear yards will be somewhat reduced. 4. That such unnecessary hardship has not been created by the applicant. Staff finds that this criterion is met. The lot configuration and grading were not created by the applicants. 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. The proposed alternative design to the approved PUD is consistent with the intent of the PUD. The proposed fence will be less imposing on the streetscape than the existing retaining walls on the properties to the west. The requests have been reviewed and approved with conditions by the Coal Creek Ranch Filing #3 Architectural Control Committee. 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 recommended 10' setback from the sidewalk and requirement for landscaping will allow reasonable use of the property while still maintaining an attractive streetscape. 3