Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, June 20, 2016 8:30 AM Old Jail Courtroom Rollcall Present: 6- Board Member Rosalind Fishman, Board Member Lester Turner Jr., Vice Chair Betty Jarboe, Board Member Paul Bergmann, Board Member Lula Howard, and Chair Person Michael Allendorf Absent: 1- Board Member Dean Tharp Approval Of Minutes 1. BOZA_Min_06.06.16 Approval of the Minutes from the June 6, 2016 Board of Zoning Adjustment meeting. A motion was made by Board Member Fishman, seconded by Board Member Bergmann, that the Minutes from the June 6, 2016 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Bergmann, Howard, and Allendorf Absent: 1- Tharp Business Session 2. 16CUP1018 Request: Modified Conditional Use Permit to allow a 7,000 square feet building expansion for additional operating rooms and additional parking spaces in an OR-3 zoning district Project Name: Norton Women’s and Kosair Children’s Hospital Location: 4001 Dutchmans Lane Owner: Faulkner Hinton Suburban I & III, LLC Applicant: Norton Healthcare Inc. Representative: Ann Richard Jurisdiction: St. Matthews Council District: 26 - Brent Ackerson Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Vice Chair Jarboe, seconded by Board Member Bergmann, that Case Number 16CUP1018, Modified Conditional Use Permit to allow a hospital expansion and additional parking spaces, be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Bergmann, Howard, and Allendorf Absent: 1- Tharp Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary June 20, 2016 3. 16MOD1002 Request: Modified Conditional Use Permit to allow revisions to the Conditions of Approval, #3 & #4 Project Name: Oaklawn Senior Living Location: 100 Shelby Station Drive Owner: Oaklawn Development Properties, LLC Applicant: Oaklawn Development Properties, LLC Representative: William Bardenwerper Jurisdiction: Louisville Metro Council District: 20 - Stuart Benson Case Manager: Steve Hendrix, Planning and Design Supervisor A motion was made by Board Member Fishman, seconded by Board Member Howard, that Case Number 16MOD1002, to change Conditions of Approval #3 and #4, be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Bergmann, Howard, and Allendorf Absent: 1- Tharp 4. 16VARIANCE1032 Request: Variance from LDC section 5.4.2.C.3.a for a garage to encroach into the 5’ foot minimum setback from the rear property line. Project Name: 3614 Glencreek Lane Location: 3614 Glencreek Lane Owner: Joseph Neagli Applicant: Joseph Neagli Representative: Joseph Neagli Jurisdiction: Louisville Metro Council District: 26- Brent T. Akerson Case Manager: Ross Allen, Planner I A motion was made by Vice Chair Jarboe, seconded by Board Member Howard, that Case Number 16VARIANCE1032, to allow a proposed garage to encroach into the 5' required rear yard setback, be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Bergmann, Howard, and Allendorf Absent: 1- Tharp Public Hearing Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary June 20, 2016 5. 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 NOTE: This case was WITHDRAWN, therefore, no vote or action was taken on this case. 6. 16VARIANCE1031 Request: Variance from the Land Development Code section 5.3.1 Table 5.3.1 to allow a roofed outdoor living area to encroach into the 5’ foot minimum side yard setback. Project Name: 2801 Circlewood Court Location: 2801 Circlewood Court Owner: Laura Purnell Applicant: David Dornick - Aesthetics Inc. Representative: David Dornick - Aesthetics Inc 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 Howard, that Case Number 16VARIANCE1031, Variances from the Land Develoopment Code section 5.3.1 table 5.3.1 to allow a proposed outdoor living area (roofed) to encroach into the minimum side yard setback, be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Bergmann, Howard, and Allendorf Absent: 1- Tharp Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary June 20, 2016 7. 16DEVPLAN1079 Request: Landscape waiver from section 10.2.10 and two variances from LDC section 5.3.3.C.2.b Project Name: 7410 South Park Place Location: 7410 South Park Place Owner: Karim Momeni Applicant: Karim Momeni Representative: Matt Wolff - Sabak, Wilson, and Lingo Inc. Jurisdiction: Norwood Council District: 7 - Angela Leet Case Manager: Ross Allen, Planner I A motion was made by Board Member Bergmann, seconded by Board Member Fishman, that Case Number 16DEVPLAN1079, Variance #1 from LDC section 5.3.3.C.2.b allowing the side yard setback (38.9') to be less than the required 50', Variance #2 from LDC section 5.3.3.C.2.b allowing the vehicular maneuvering in the side yard setback, and Waivers be CONTINUED to the August 1, 2016 Board of Zoning Adjustment meeting. The motion carried by the following vote: Yes: 5- Fishman, Turner, Jarboe, Bergmann, and Allendorf No: 1- Howard Absent: 1- Tharp Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary June 20, 2016 8. 16CUP1013 Request: Conditional Use Permit to allow a rehabilitation home in an R-5 zoning district Project Name: The Order of Promise, LLC Location: 3502 Garland Avenue Owner: Property Management of Louisville Applicant: Aaron Hallstrom Representative: Aaron Hallstrom, Shannon Hallstrom Jurisdiction: Louisville Metro Council District: 1 - Jessica Green Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Vice Chair Jarboe, seconded by Board Member Howard, that Case Number 16CUP1013, Conditional Use Permit to allow a Rehabilitation Home in a R-5 zoning district that will be used as a foster group home for young men (no more than 8) ages 13 to 17, be APPROVED, SUBJECT to the following 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 shall be "exercised" as described in KRS 100.237 within two years of the Board's vote on this case. If the Conditional Use Permit is not so exercised, the site shall not be used for a rehabilitation home without further review and approval by the Board. 3. The maximum number of residents on site shall be 9 including the overnight resident manager. 4. The Order of Promise will attempt to select a maximum of 3 (three) property owners in the general area to serve on the executive board. 5. A plan for shrubbery or landscaping to be added to the front of the house will be presented for approval to the Louisville Metro Planning and Design Services Landscape Architect. The motion carried by the following vote: Yes: 4- Jarboe, Bergmann, Howard, and Allendorf No: 2- Fishman, and Turner Absent: 1- Tharp Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary June 20, 2016 9. 16CUP1008 Request: Conditional Use Permit to allow an indoor recycling facility (tire shredding) in an EZ-1 zoning district Project Name: None Location: 4122 Ralph Avenue Owner: Patricia Bryan Revocable Trust Applicant: Addelhafid Magouh Representative: Cliff Ashburner, Mark Madison Jurisdiction: Louisville Metro Council District: 1 - Jessica Green Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Fishman, seconded by Board Member Bergmann, that Case Number 16CUP1008, Conditional Use Permit to allow an indoor recycling center (tire shredding facility) in a EZ-1 zoning district, be APPROVED, SUBJECT to the following 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 shall be "exercised" as described in KRS 100.237 within two years of the Board's vote on this case. If the Conditional Use Permit is not so exercised, the site shall not be used for an indoor recycling center without further review and approval by the Board. 3. Item #12 under General Notes on the development plan shall be stricken. 4. There will be no outdoor tire storage. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Bergmann, Howard, and Allendorf Absent: 1- Tharp A motion was made by Board Member Fishman, seconded by Board Member Bergmann, that Case Number 16CUP1008, Waiver to reduce the required landscape buffer area along the roadway, be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Bergmann, Howard, and Allendorf Absent: 1- Tharp Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary June 20, 2016 10. 14CUP1003 Request: Time Extensions concerning certain Conditions of Approval for the potentially hazardous or nuisance use (staging lot for trucks and trailers) Conditional Use Permit, approved on January 11, 2016. Project Name: Conditions of Approval 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 be CONTINUED to the August 15, 2016 Board of Zoning Adjustment meeting. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Bergmann, Howard, and Allendorf Absent: 1- Tharp Adjournment Louisville Metro Government Page 7