Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, May 16, 2016 8:30 AM Old Jail Courtroom Call To Order Present: 4- Board Member Rosalind Fishman, Board Member Lester Turner Jr., Chair Person Michael Allendorf, and Vice Chair Betty Jarboe Absent: 3- Board Member Dean Tharp, Board Member Paul Bergmann, and Board Member Lula Howard Approval Of Minutes 1. BOZA_Min_05.02.16 Approval of the Minutes from the May 2, 2016 Board of Zoning Adjustment meeting. A motion was made by Board Member Fishman, seconded by Vice Chair Jarboe, that the Minutes from the May 2, 2016 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 4- Fishman, Turner, Allendorf, and Jarboe Absent: 3- Tharp, Bergmann, and Howard Business Session 2. 16VARIANCE1022 Request: Variances to allow the construction of a proposed Garage (Accessory Structure) to encroach into the side yards setbacks and rear yard setback. Project Name: 955 Barret Avenue Location: 955 Barret Avenue Owner: Peter L. Bivens - Kentucky Shelters LLC. Applicant: Peter L. Bivens - Kentucky Shelters LLC. Representative: Peter L. Bivens - Kentucky Shelters LLC. 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 Turner, that Case Number 16VARIANCE1022, Variance to allow the construction of a proposed garage (Accessory Structure) to encroach into the side yards setbacks, be APPROVED. The motion carried by the following vote: Yes: 4- Fishman, Turner, Allendorf, and Jarboe Absent: 3- Tharp, Bergmann, and Howard Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary May 16, 2016 A motion was made by Board Member Fishman, seconded by Board Member Turner, that Case Number 16VARIANCE1022, Variance to allow the construction of a proposed garage (Accessory Structure) to encroach into the rear yard setback be APPROVED. The motion carried by the following vote: Yes: 4- Fishman, Turner, Allendorf, and Jarboe Absent: 3- Tharp, Bergmann, and Howard 3. 16VARIANCE1018 Request: Variance to allow a driveway and the edge of an attached garage to encroach into the minimum side yard setback. Project Name: 551 Barberry Avenue Location: 551 Barberry Avenue Owner: Russell Smith Applicant: Rebecca D. Northup - Thomas, Dodson & Wolford, PLLC Representative: Rebecca D. Northup - Thomas, Dodson & Wolford, PLLC Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Ross Allen, Planner I A motion was made by Vice Chair Jarboe, seconded by Board Member Turner, that Case Number 16VARIANCE1018, Variance to allow a driveway and the edge of an attached garage to encroach into the minimum side yard setback, be APPROVED. The motion carried by the following vote: Yes: 4- Fishman, Turner, Allendorf, and Jarboe Absent: 3- Tharp, Bergmann, and Howard 4. 16CUP1016 Request: Modification of a Conditional Use Permit to allow a 6,000 square feet mechanical building addition Project Name: Norton Audubon Hospital expansion Location: One Audubon Plaza Drive Owner: HCP Louisville, Inc. Applicant: Norton Hospitals, Inc. Representative: Chris Brown Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Vice Chair Jarboe, seconded by Board Member Turner, that Case Number 16CUP1016, Modification of a Conditional Use Permit to allow a 6,000 square feet mechanical building addition, be APPROVED. The motion carried by the following vote: Yes: 4- Fishman, Turner, Allendorf, and Jarboe Absent: 3- Tharp, Bergmann, and Howard Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary May 16, 2016 5. 14CUP1003 Request: Conditional Use Permit Condition of Approval Extension Project Name: Truck & Trailer Staging Location: 151 & 201 Cabel Street Owner: Swift Pork Company Applicant: JBS USA, LLC & Swift Pork Company Representative: Glenn Price Jurisdiction: Louisville Metro Council District: 4-David Tandy Case Manager: Steve Hendrix, Planning and Design Supervisor A motion was made by Vice Chair Jarboe, seconded by Board Member Fishman, that Case Number 14CUP1003, Conditional Use Permit Condition of Approval Extension, be CONTINUED to the June 6, 2016 Board of Zoning Adjustment meeting. The motion carried by the following vote: Yes: 4- Fishman, Turner, Allendorf, and Jarboe Absent: 3- Tharp, Bergmann, and Howard Public Hearing 6. 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 Turner, that Case Number 16VARIANCE1013, Variance from the Land Development Code to allow the construction of a proposed dormer to encroach into the minimum side yard setback, be APPROVED. The motion carried by the following vote: Yes: 4- Fishman, Turner, Allendorf, and Jarboe Absent: 3- Tharp, Bergmann, and Howard Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary May 16, 2016 7. 16VARIANCE1011 Request: Variance from the Development Code (St. Matthews) to allow a proposed fence to exceed the maximum height. Project Name: 230 Monohan Drive Location: 230 Monohan Drive Owner: Natalie Wilkerson Applicant: Kurt Legel Representative: Kurt Legel Jurisdiction: City of St. Matthews Council District: 26 - Brent T. Ackerson Case Manager: Ross Allen, Planner I A motion was made by Vice Chair Jarboe, seconded by Board Member Fishman, that Case Number 16VARIANCE1011, Variance from the Land Development Code (St. Matthews) to allow a proposed fence to exceed the maximum height, be APPROVED. The motion carried by the following vote: Yes: 4- Fishman, Turner, Allendorf, and Jarboe Absent: 3- Tharp, Bergmann, and Howard 8. 16VARIANCE1026 Request: Variance from LDC section 5.4.1.D.2 to allow a private yard area to be less than the required percentage (30%) as the result of a covered deck addition to the rear of the principal structure and variance to allow the deck to encroach into the side yard setback. Project Name: 156 Pennsylvania Avenue Location: 156 Pennsylvania Avenue Owner: Mike Fallot Applicant: Richard Matheny - Cardinal Surveying Representative: Richard Matheny - Cardinal Surveying Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Ross Allen, Planner I NOTE: This case was heard out of order, as the first item under Public Hearing. This case was WITHDRAWN, therefore, no vote or action was taken on this case. NOTE: This case has been WITHDRAWN Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary May 16, 2016 9. 16VARIANCE1017 Request: Variance from the Land Development Code (LDC), section 5.3.1.C to allow the height of a proposed structure to exceed the maximum requirement. Project Name: River City Bank Location: 1400 Shelbyville Road Owner: River City Bank Applicant: River City Bank Representative: Luckett & Farley _ Kelley Parker Jurisdiction: Louisville Metro Council District: 29 - Dan Johnson Case Manager: Joel P. Dock, Planner I A motion was made by Board Member Fishman, seconded by Board Member Turner, that Case Number 16VARIANCE1017, Variance from the Land Development Code, Section 5.3.1.C to allow the height of a proposed structure to exceed the maximum requirement, be APPROVED. The motion carried by the following vote: Yes: 4- Fishman, Turner, Allendorf, and Jarboe Absent: 3- Tharp, Bergmann, and Howard 10. 16CUP1009 Request: Modified Conditional Use Permit and landscape waiver to allow additional storage units in a C-2 zoning district Project Name: Mini-Warehouse Facility Location: 8202 and 8204 National Turnpike Owner: Valley Station Towne Center, LLC Applicant: Land Design & Development Representative: Derek Triplett Jurisdiction: Louisville Metro Council District: 13 - Vicki Welch Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Vice Chair Jarboe, seconded by Board Member Fishman, that Case Number 16CUP1009, Modified Conditional Use Permit to allow additional storage units in a C-2 zoning district, be APPROVED. The motion carried by the following vote: Yes: 3- Fishman, Allendorf, and Jarboe No: 1- Turner Absent: 3- Tharp, Bergmann, and Howard A motion was made by Vice Chair Jarboe, seconded by Board Member Fishman, that Case Number 16CUP1009, Landscape Waiver to allow an easement overlap along the front property line, be APPROVED. The motion carried by the following vote: Yes: 4- Fishman, Turner, Allendorf, and Jarboe Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary May 16, 2016 Absent: 3- Tharp, Bergmann, and Howard 11. 15CUP1009 Request: Conditional Use Permit to allow a rehabilitation home in an R-5 zoning district Project Name: House of Omega Location: 1625 Catalpa Street Owner: Kevin Wilson Applicant: Kevin Wilson Representative: Eddie Crutcher Jurisdiction: Louisville Metro Council District: 3 - Mary Woolridge Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Vice Chair Jarboe, seconded by Board Member Turner, that Case Number 15CUP1009 be CONTINUED to the June 20, 2016 Board of Zoning Adjustment meeting. The motion carried by the following vote: Yes: 4- Fishman, Turner, Allendorf, and Jarboe Absent: 3- Tharp, Bergmann, and Howard Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary May 16, 2016 12. 15CUP1045 Request: Conditional Use Permit to allow an earth excavation/fill, minor operation in an R-4 zoning district Project Name: None Location: 1521 Penile Road Owner: Robert Carter, Jr. Applicant: Robert Carter, Jr. Representative: Mark Madison Jurisdiction: Louisville Metro Council District: 13 - Vicki Welch Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Fishman, seconded by Board Member Turner, that Case Number 15CUP1045, Conditional Use Permit to allow an earth excavation/fill, minor operation in an R-4 Zoning District, be APPROVED, SUBJECT to the following 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 shall be "exercised" as described in KRS 100.237 within two years of the Board's vote on this case, and that the berm will be completed during that two year period. If the Conditional Use Permit is not so exercised, the site shall not be used for an earth excavation/minor fill operation without further review and approval of the Board. 3. Neighborhood Protection - the operation shall be conducted in such a manner as to offer protection to the neighborhood against possible detrimental effects, taking into consideration the physical relationship to surrounding properties and access to the site including any nearby local (residential) streets. 4. All deliveries of materials to the site shall be done between the hours of 7:00 a.m. and 6:00 p.m. on weekdays only. 5. With the berm itself, that the majority of the dirt is to be brought in and not out with the exception of the general notes under the site plan that was dated April 7, 2016, Number 9, which indicates that all fill material should be limited to non-polluting, inorganic, non-combustible materials and soil. Rubber tires, dead animals and by-product waste of gases, liquid, or semi-liquid nature such as tar, paints, solvents, sludge, rubber, plastics and other flame or fume products shall not be permitted as fill material. The motion carried by the following vote: Yes: 4- Fishman, Turner, Allendorf, and Jarboe Absent: 3- Tharp, Bergmann, and Howard A motion was made by Board Member Fishman, seconded by Board Member Turner, that Case Number 15CUP1045, Alternative Landscape Plan, be APPROVED. The motion carried by the following vote: Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary May 16, 2016 Yes: 4- Fishman, Turner, Allendorf, and Jarboe Absent: 3- Tharp, Bergmann, and Howard Adjournment Louisville Metro Government Page 8