Board of Adjustment Agenda and Packet 2019 06 19

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REVIEW CRITERIA: The BOA has authority to grant or deny a variance request based on the review criteria found in Municipal Code Sections 17.48.110.B.1-6. Following is 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. Staff finds that there are no unique physical circumstances or conditions related to the property when considering a request for additional lot coverage. All Tots within the block meet the lot coverage requirement, and the applicant's lot is not unique in lot size or in any other condition that would cause a development constraint related to lot coverage. The average lot size in the Louisville Heights subdivision is 8,877 square feet, and the subject lot is slightly larger at 9,325 square feet. The lot coverage allowances in the Old Town Overlay are graduated based on lot size in order to factor in variations in lot size throughout the Old Town area. The applicant states in the application letter that the shape of the house is a unique physical circumstance related to lot coverage. However, staff finds that, because lot coverage is a ratio of the structures on the lot to the lot area, that the shape of a structure would not be a relevant physical condition affecting development within the lot coverage standard. Staff finds the proposal does not meet this criterion. 2. That the unusual circumstances or conditions do not exist throughout the neighborhood or district in which the property is located. As noted above, staff finds there are no unusual circumstances or conditions related to this variance request. The lot size complies with zoning, is in the typical range of the neighborhood, and the existing lot coverage meets the Old Town Overlay. Staff finds the proposal does not meet 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 property is already reasonably developed in conformity with the provisions of Title 17. The covered patio is not needed to reasonably develop the lot in a similar manner to other properties in the neighborhood. Staff finds the proposal does not meet this criterion. 4. That such unnecessary hardship has not been created by the applicant. Staff finds that an unnecessary hardship does not exist on the lot. Staff finds the proposal does not meet 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. 8