Board of Adjustment Agenda and Packet 2010 11 17

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Old Town Overlay District. The nonconforming roof which was built prior to the implementation Staff of the current regulations is a unique physical circumstance peculiar to the affected property. finds this criterion has been met. 2.That the unusual circumstances or conditions do not exist throughout the neighborhood or district in which the property is located. There are some homes in the neighborhood surrounding the subject property that have roofs which do not meet the 6:12 roof pitch requirement. There are only a few homes in the neighborhood that have roofs which are entirely nonconforming (100% of the roof less than a 6:12 pitch) to the roof pitch requirement. The level of nonconformity to the roof pitch requirement found on the home at 1324 Grant Avenue does not exist throughout the neighborhood in which the property is located. Staff finds this criterion has been met. 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. The property has been developed with a 1,150 square foot home. The proposed 65 square foot mud room would be a reasonable addition to a modest house. The fact that 100% of the existing roof structure has a 4:12 pitch makes it very difficult for this reasonable expansion to comply with the Staff finds this criterion has requirement that 80% of all roofs have a pitch of 6:12 or greater. been met. 4.That such unnecessary hardship has not been created by the applicant. The existing home was constructed in 1956 with a 4:12 roof pitch. The applicant did not construct the roof with a 4:12 pitch. The hardship that has resulted from the pitch of the roof on the structure taff finds this criterion has been met. was not created by the applicant. S 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. Maintaining the historic 4:12 roof pitch of the existing structure will not alter the essential character of the neighborhood in which the property is located. If the addition were constructed with a 6:12 roof pitch, the resulting structure would not match the existing roof pitch of the home. Requiring the addition to meet the requirements of the Old Town Overlay District would alter the essential character of the neighborhood by creating an addition which would not match the architecture of the Staff finds this criterion has been met. existing home. 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 that is in question. The 65 square foot addition, and the roof that would cover it, would be a modest addition to the footprint of the existing home. The relief required from Title 17 of the Louisville Municipal code is Staff finds this criterion has the least modification possible that will afford the applicant relief. been met. 3