BOA Variance Case 1993_637 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 uniaue physical circumstances or condi- tions such as irreaularity. narrowness or shallowness of lot, or exceptional tocoaraphical or other physical conditions peculiar to the affected property. The staff finds that this criterion is met. The existing non conforming lot of record is only 50 feet wide compared to the 70 feet minimum lot width required in the R-L zone district. The existing structure has established the non conforming side yard and front yard setbacks. 2. That the unusual circumstances or conditions do not exist throughout the neighborhood or district in which the property is located. The staff finds that this criterion is not applicable. This neighborhood was developed prior to the City's adoption of zoning and subdivision regula- tions. There are many other lots and structures in the immediate neighborhood which do not conform to the modern development standards contained in the zoning ordinance. Redevelopment of these properties often requires a variance. 3. That because of such physical circumstances or condi- tions, the property cannot reasonably be developed in conformity with the provisions of Title 17 of the Louisville Municipal Code. The staff finds that this criterion is met. The size of this existing nonconform- ing lot of record is 5725 square feet, which is only 81.8% of the minimum lot size of 7000 square feet. The 50' lot width would allow only an 18' wide structure if the required 7' side yard and 25 street side yard setbacks were maintained. It would not be practical to setback the second story addition in compliance with the required side yard setbacks. The existing lot coverage is 36.3 percent, which is greater than the 30 percent maximum allowed in the RL zone. Any addition to the existing structure would require a lot coverage variance. Only an additional 260 square feet of lot coverage is proposed. 4. That such unnecessary hardship has not been created by the applicant. The staff finds that this criterion is met. The lot configuration was created and the existing house built prior to the City's adoption of zoning and