BOA Variance Case 1993_708 Grant St

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2. The applicant has not demonstrated that the physical condition is unique to the property. While the building location is unique to abutting properties, it is not unique to the neighborhood. 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 staff finds that this criterion is met. In order to comply with the required 7 foot side yard setback, the applicant would have to jog the north foundation and wall two feet for the new addition. This would necessitate partial removal of the existing foundation and construction of a new foundation. This would create a hardship on the applicant. This hardship to the applicant needs to be balanced against the need to maintain the intent and purpose of the Zoning Ordinance requirements. Setback requirements are established to provide access to adequate light and air, to provide for adequate separation of structures for fire safety and provision of emergency services, to provide useable open spaces for the enjoyment of residents, and to maintain appropriate densities. In this case the staff finds that this intent and purpose will continue to be substantially maintained with a five foot setback for the proposed addition. 4. That such unnecessary hardship has not been created by the applicant. The staff finds that this criterion is met. The existing setback and foundation were established prior to the applicant's purchase of the property. 5. That the variance, if granted, will not alter the essential character of the neighbor- hood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property. The staff finds that this criterion is met. The surrounding neighborhood contains a mix of one story, one and one-half story and two story residences, many of which have constructbd additions over the years. The proposed addition will be consistent with the established character of the surrounding neighborhood. A 25 foot separation will be maintained between this house and the adjacent house. 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 which are in question. The staff finds that this criterion is met. The requested variance is to continue the established building line and utilize the existing foundation. It will not reduce the existing established setback. STAFF RECOMMENDATION: Staff recommends approval without condition of the requested variance based upon #1, and #3-#6 findings as stated under variance criteria.