Board of Adjustment Agenda and Packet 2024 04 17

Home Browse Search

REVIEW CRITERIA: The Board of Adjustment has authority to grant or deny a variance request based on the review criteria found in Municipal Code Sections 17.48.11O.13.1-6. The following are staff's analysis of the criteria with recommended findings on each. 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. The subject property is the smallest has the shortest side property boundary in the subdivision. This results in an irregular and shallow lot and building envelop. Staff finds the proposal meets this criterion. 2. That the unusual circumstances or conditions do not exist throughout the neighborhood or district in which the property is located. Staff finds that the subject property is unique in the subdivision. Most lot side boundaries are a minimum of 90 feet long and range over 100 feet in length. Most lots also are more rectangular in shape, providing more standard and larger building envelopes that make the design and placement of a standard home on the lot more feasible. Staff finds the proposal meets this criterion. 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 the shallowness and irregularity of the lot limit the ability to place a reasonably designed home on the property. The home design being proposed is a standard production home offered by the home builder. In addition, if the short east side property line were the same length of the west line (100.75 feet), the proposed home and deck would fit within the allowed building envelop. Staff finds the proposal meets this criterion. 4. That such unnecessary hardship has not been created by the applicant. Staff finds that the geometry of the lot boundaries was established with the Cornerstone Subdivision approval and resulting the irregular and shallow building envelop that results in the hardship. Staff finds the proposal meets this criterion. 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 the proposed home is similar in size and dimension as many of the other homes being rebuilt in the Cornerstone neighborhood. Any visual impact from the encroachment of the deck at the rear of the lot will be mitigated by the adjoining open space outlot. The encroaching porch in the front setback is a covered but open deck, 900 Eldorado Lane BOA —April 17, 2024 Page 7 of 8 0