Minor Impact Variance Information

This page provides information for minor impact variances requiring consideration by the Director of Planning and Building Safety.   All other variances require consideration by the Board of Adjustment, with information found here.  Please contact the Planning Department with questions on the process, or to set up an appointment to submit an application.  Minor impact variances are permitted under Section 17.52.050 of the Louisville Municipal Code.

What qualifies as a Minor Impact Variance?

1.  Up to 10% deviation of measurable yard and bulk requirements, including:
          a.  Minimum lot area;
          b.  Minimum lot width;
          c.  Maximum lot coverage;
          d.  Maximum floor area;
          e.  Primary and accessory building setbacks;
          f.   Primary and accessory building heights;
          g.  Minimum building coverage;
          h.  Street frontages;
          i.   Parking ratios;
          j.  Vehicle access spacing requirements;
          k.  Fence and wall heights; and
          l.  Other measurable standards as interpreted by the zoning administrator.
     2.  Deviation to allow up to 30% maximum lot coverage for lots of less than 8,000 square feet that are located within a PUD with Residential Estate (RE) zoning without documented yard and bulk standards.

 Submittal Requirements

1.  Application
2.  Written request addressing:
        a.  A description of the variance request
        b.  A response to each of the criteria listed below
3.  A to-scale site plan showing the property lines and all existing and proposed structures
4.  Building elevations
5.  Proof of ownership, such as a warranty deed
6.  Written authorization providing consent from adjacent property owners, OR stamped envelopes addressed to all adjacent property owners.  Adjacent includes properties to the rear AND across the street. 
6.  Fee

Submit all information as separate PDFs to the Planning Department.  Envelopes may be hand delivered or mailed to the Planning Department.  You may pay by check or credit card.

Process

If the applicant can demonstrate with written authorization that all adjacent property owners consent to the granting of the variance, then no public notice shall be required.  If the applicant cannot provide these written authorizations, then public notice shall consist of posting a sign on the property, mailing notice to adjacent property owners, and posting the notice at the designated City locations.  Staff will coordinate these with the applicant.  Comments from the public will be accepted for 10 days from the date of public notice.  If a valid objection is received within 10 days, the request will then be considered by the Board of Adjustment.  A valid objection is one demonstrating a reasonable likelihood that the application cannot satisfy one or more of the criteria below. 

Variance Criteria

In order to approve a minor impact variance, the Director of Planning and Building Safety must find that all of the criteria are met:

     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;

     2. That the unusual circumstances or conditions do not exist throughout the neighborhood or district in which the property is located;

     3. That because of such physical circumstances or conditions, the property cannot reasonably be developed in conformity with the provisions of this title;

     4. That such unnecessary hardship has not been created by the applicant;

     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;

     6. That the variance, if granted, is the minimum variance that will afford relief and is the least modification possible of the provisions on this title which are in question.