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Board of Adjustment Agenda 2008 10 29
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Board of Adjustment Agenda 2008 10 29
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BOAAG 2008 10 29
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in regards to minimum lot area, staff did not identify any which were as severely constrained as the <br /> subject lot. Staff finds that this criterion has been met. <br /> 3. That because of such physical circumstances or conditions, the property cannot reasonably be <br /> developed in conformity with the provisions of Title 17 of the Louisville Municipal Code. <br /> The applicant has requested the ability to construct a 250 SF dining room and utility room addition.The <br /> proposed addition would be located on the rear of the existing home and would extend off of the present <br /> day kitchen. This location is a logical extension for a dining area as it is located adjacent to the kitchen. <br /> If the addition were constructed on the western side of the home, there is a greater possibility that it <br /> could be developed in conformity with the provisions of Title 17 of the LMC. However,the existing <br /> layout of the home contains bedrooms and bathrooms on the western side. If the proposed addition <br /> were constructed on the western side of the home,access to the kitchen would have to be through one of <br /> the current bedrooms. Due to the existing configuration of the home, staff finds that it would be <br /> unreasonable to expand the home to the west. The most reasonable place for the addition of a dining <br /> space is off the rear of the house adjacent to the kitchen. Due to the shallowness of the lot,expansion at <br /> the rear of the house can not be accommodated without encroaching on the iear setback. Staff finds that <br /> this criterion has been met. <br /> 4. That such unnecessary hardship has not been created by the applicant. <br /> The shallowness and minimal area of the lot were not a result of the applicant's actions. The lot <br /> configuration was created by a process exempted from subdivision and setback requirements. Staff <br /> finds that this criterion has been met. <br /> 5. That the variance, if granted, will not alter the essential character of the neighborhood or <br /> district in which the property is located, nor substantially or permanently impair the <br /> appropriate use or development of adjacent property. <br /> Staff finds that the proposed addition and the resulting encroachment into the rear setback will not alter <br /> the essential character of the neighborhood. The home will remain a modest cottage style home(1,128 <br /> SF) and the architectural character of the home will not be compromised by the addition. Staff also <br /> finds that the encroachment into the rear setback will not substantially or permanently impair the <br /> appropriate use or development of the adjacent properties. The adjacent properties to the north and east <br /> can still be developed in accordance with the regulations of the RM zone district. Staff finds that this <br /> criterion has been met. <br /> 6. That the variance, if granted, is the minimum variance that will afford relief and is the least <br /> modification possible of the provisions of Title 17 of the Louisville Municipal Code that is in <br /> question. <br /> The applicant has requested a variance to construct a 264 SF addition to an existing 864 SF home.The <br /> existing home is quite modest in size and the applicant desires to expand the home to create additional <br /> needed living space. Staff finds that this minor addition is the minimum modification possible to afford <br /> the applicant relief. Staff finds that this criterion has been met. <br /> 3 <br />
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