BOA Variance Case 2001-024-VA_1495 Adams Pl

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r , Staff believes that this criterion has been met. As mentioned above, the gazebo could be constructed in the "build-able" yard area, but could restrict any other structures from being =. located in that area. Further, the applicants have expressed interest of constructing an addition to the rear area of the house in the future, possibly encroaching into the "build- able" yard area. Since there is a 10-foot required separation between the accessory structure and the primary residence, future problems may occur that would require the removal of the gazebo with this addition. 4. That such unnecessary hardship has not been created by the applicant. Staff finds that this criterion has been met. A hardship has not been established by them, it was created when the subdivison and in turn the lot was originally platted and adopted. 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 fords that this criterion has been met with this proposal. Staff believes that the construction of the gazebo will not `alter the essential character of the neighborhood'. The proposed design for the structure is architecturally consistent with the existing house. The gazebo is primarily wood, is "open to the air" which will also help to reduce the perceived bulk and mass of the structure. Staff does recognize and appreciate the efforts that the applicants have gone to "hide" the structure as well. The trees and fence along the rear of the property could "protect" any views from the street side, and further protect the interest of the property owners closest to the "build-able" yard area. Staff believes that should this variance be granted, it would not be one that would harm, alter or impede on the rights of the surrounding neighbors or subdivision. 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 are in question. Staff notes again that the gazebo could in fact be built in the "build-able" yard area, but, due to the fact this structure is "open to the air", would be "hidden" from view from the street by the existing vegetation and would,not impede in the future construction of an addition to the existing structure,this variance would afford relief from the requirements of Title 17 at this time. STAFF RECOMMENDATION: Staff has found that the applicant has met the variance criteria, and therefore are recommending approval of the variance request. 3