BOA Variance Case 1993_817 Lafarge

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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 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. The staff finds that this criterion is met. The existing non conforming lot of record is only 25 feet wide compared to the 60 feet minimum lot width required in the R-M 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 met. This neighborhood was developed prior to the City's adoption of zoning and subdivision regulations. There are many other lots and structures in the immediate neighborhood which do not conform to the modern devlopment standards contained in the zoning ordinance. Redevelopment of these properties often requires a variance. 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. The size of this existing nonconforming lot of record is 3125 square feet, which is only 44.6% of the minimum lot size of 7000 square feet. The 25' lot width would allow only an 11' wide struc- ture if the required 7'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 31.6 percent. Only an additional 105 square feet of lot coverage is available for a ground level addition within the maximum 35% lot coverage permitted in the R-M zone. 4. That such unnecessary hardship has not been created by the applicant. The staff finds that this condition is met. The lot configuration was created and the existing house built prior to the City's adoption of zoning and subdivision regulations. 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. The