Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, April 18, 2016 8:30 AM Old Jail Courtroom Call To Order Present: 5- Board Member Rosalind Fishman, Board Member Lester Turner Jr., Chair Person Michael Allendorf, Board Member Paul Bergmann, and Board Member Lula Howard Absent: 2- Vice Chair Betty Jarboe, and Board Member Dean Tharp Approval Of Minutes 1. BOZA_Min_04.04.16 Approval of the Minutes from the April 4, 2016 Board of Zoning Adjustment meeting. A motion was made by Board Member Fishman, seconded by Board Member Turner, that the Minutes from the April 4, 2016 Board of Zoning Adjustment meeting be approved. The motion carried by the following vote: Yes: 4- Fishman, Turner, Allendorf, and Howard Absent: 2- Jarboe, and Tharp Abstain: 1- Bergmann Public Hearing 2. 16VARIANCE1013 Request: Variance from the Land Development Code to allow the construction of a proposed dormer to encroach into the minimum side yard setback. Project Name: 1904 Stevens Avenue Location: 1904 Stevens Avenue Owner: John Gatchel Applicant: John Gatchel Representative: John Gatchel Jurisdiction: Louisville Metro Council District: 8 - Tom Owen Case Manager: Ross Allen, Planner I A motion was made by Board Member Fishman, seconded by Board Member Bergmann, that Case Number 16Variance1013 be CONTINUED to the May 2, 2016 Board of Zoning Adjustment meeting. The motion carried by the following vote: Yes: 5- Fishman, Turner, Allendorf, Bergmann, and Howard Absent: 2- Jarboe, and Tharp Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary April 18, 2016 3. 16DEVPLAN1048 Request: Category 3 Development Plan Review with associated Variances and Waiver Project Name: West Louisville Food Port Location: 3029 W Muhammad Ali Blvd Owner: Louisville Metro Government Applicant: Caroline Heine, Seed Capital KY Representative: Kyle Galloway, Duncan Galloway Egan Greenwald Jurisdiction: Louisville Metro Council District: 5-Cheri Bryant Hamilton Case Manager: Laura Mattingly-Humphrey, Planner I A motion was made by Board Member Howard, seconded by Board Member Bergmann, that in Case Number 16DEVPLAN1048, Variance #1, Variance from Chapter 5.5.1.A.2 of the Land Development Code to allow the proposed building to not be built at the corner of South 30th Street and West Muhammad Ali Blvd. AND to allow the proposed building to not be built at the corner of South 30th Street and West Market Street, and Variance #2, Variance from Chapter 5.2.5.C.4.a of the Land Development Code to allow the buildings to exceed the maximum front setback of 25', and Waiver #1, Waiver from Chapter 5.5.1.A.1.a of the Land Development Code to allow the proposed building to not be parallel to the street, be APPROVED. The motion carried by the following vote: Yes: 5- Fishman, Turner, Allendorf, Bergmann, and Howard Absent: 2- Jarboe, and Tharp A motion was made by Board Member Howard, seconded by Board Member Bergmann, that in Cast Number 16DEVPLAN1048, the Category 3 Development Plan be APPROVED. The motion carried by the following vote: Yes: 5- Fishman, Turner, Allendorf, Bergmann, and Howard Absent: 2- Jarboe, and Tharp Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary April 18, 2016 4. 16DEVPLAN1012 Request: Variances from the LDC to exceed maximum height and maximum front setback along Moser Road. Partial Sidewalk Waiver along a portion of Moser Road and the entirety of Watterson Trail. Project Name: 1407 Moser Road Location: 1407 Moser Road Owner: Southeast Christian Church of Jefferson County, KY Inc. Applicant: Scott Hannah - Heritage Engineering Representative: Scott Hannah - Heritage Engineering Jurisdiction: Louisville Metro Council District: 19 - Julie Denton Case Manager: Ross Allen, Planner I A motion was made by Board Member Fishman, seconded by Board Member Howard, that in Case Number 16DEVPLAN1012, Partial Sidewalk Waiver to not provide a sidewalk along a portion of Moser Road and the entire frontage along Watterson Trail, and Variance #1, Variance from the Land Development Code, Section 5.3.1.C.5 and Table 5.3.2 to allow the building to exceed the maximum front and street side setback, and Variance #2, Variance from the Land Development Code, Section 5.3.1.C.5 and Table 5.3.2 to allow the building to exceed the maximum building height, be APPROVED. The motion carried by the following vote: Yes: 5- Fishman, Turner, Allendorf, Bergmann, and Howard Absent: 2- Jarboe, and Tharp A motion was made by Board Member Fishman, seconded by Board Member Howard, that in Case Number 16DEVPLAN1012, the Category 3 Development Plan be APPROVED. The motion carried by the following vote: Yes: 5- Fishman, Turner, Allendorf, Bergmann, and Howard Absent: 2- Jarboe, and Tharp Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary April 18, 2016 5. 16CUP1001 Request: Modification of Conditional Use Permit, meat packing plant, (potentially hazardous or nuisance use), for the addition of a 9,852 square foot CO2 stunning building Project Name: CO2 Building Location: 1200 Story Avenue Owner: Swift Inc. (JBS USA, LLC) Applicant: John W. Cliff Representative: Glenn Price Jurisdiction: Louisville Metro Council District: 4-David Tandy Case Manager: Steve Hendrix, Planning and DesignSupervisor A motion was made by Board Member Fishman, seconded by Board Member Howard, that Case Number 16CUP1001, Modified Conditional Use Permit to allow a proposed 9,852 square foot building that will be used in a new method to stun the hogs, be APPROVED, with the following five (5) Conditions of Approval. Conditions of Approval: 1. The site shall be developed in strict compliance with the approved development plan (including all notes thereon). No further development shall occur on the site without prior review and approval by the Board. 2. The Conditional Use Permit modification shall be "exercised" as described in KRS 100.237 within two years of the Board's vote on this case. If the modification is not so exercised, the proposed CO2 building site shall not be used as a part of the potentially hazardous or nuisance use (meat packing plant) without further review and approval by the Board. 3. The applicant shall instruct operators of vehicles transporting live animals to the Story Avenue plant not to stage upon or back up onto any public right-of-way adjacent to the plant. 4. Litter removal: a) The applicant will provide for or contract for weekly litter removal along the frontages of (i) its Story Avenue plant site, (ii) its Cabel Street Lot, and (iii) all of its employee parking lots. b) The applicant will participate with the Butchertown Neighborhood Association, Inc. and/or the Butchertown Business Alliance to remove litter in all areas of the Butchertown neighborhood provided that each participating organization provides an equal number of volunteer workers. 5. JBS will present a feasibility of adding a structure in front of the unloading area for information purposes by the end of August, 2016. The motion carried by the following vote: Yes: 5- Fishman, Turner, Allendorf, Bergmann, and Howard Absent: 2- Jarboe, and Tharp Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary April 18, 2016 Adjournment Louisville Metro Government Page 5