Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, August 15, 2016 8:30 AM Old Jail Courtroom Call To Order 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_Minutes_08.01.16 Approval of the Minutes from the August 1, 2016 Board of Zoning Adjustment meeting. A motion was made by Board Member Fishman, seconded by Board Member Howard, that the Minutes from the August 1, 2016 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 5- Fishman, Turner, Jarboe, Bergmann, and Howard Absent: 1- Tharp Abstain: 1- Allendorf Old Business Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary August 15, 2016 2. 16DEVPLAN1125 Request: Category 3 Plan and Variance from the Land Development Code to allow the proposed building not to maintain the zero setback at the corner Project Name: Nucleus Building Two Location: 350 East Market Street Owner: University of Louisville Real Estate Foundation Inc. Applicant: NTS Realty Holdings LP Representative: Glenn Price Jurisdiction: Louisville Metro Council District: 4 -David Tandy Case Manager: Brian Davis, AICP, Planning Manager A motion was made by Vice Chair Jarboe, seconded by Board Member Bergmann, that Case Number 16DEVPLAN1125, Category 3 Plan and Variances #1 and #2 be APPROVED, SUBJECT to the following Conditions of Approval: Conditions of Approval: 1. The applicant shall be responsible for the construction of the sidewalk improvements from the applicant's northern property line to the edge of the future planned southern curb (south of the proposed asphalt bike lane & approximately 30' north of the applicant's property line) of Market Street. Construction shall be completed prior to receiving final certificate of occupancy for the building. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Bergmann, Howard, and Allendorf Absent: 1- Tharp Public Hearing 3. 16VARIANCE1054 Request: Building Height Variance Project Name: Blankenbaker Center II Location: 11820 Ransum Drive Owner: Kentucky Property Investments, LLC Applicant: Pinnacle Properties of Louisville Representative: William B. Bardenwerper Jurisdiction: Middletown Council District: 20 - Stuart Benson Case Manager: Laura L. Mattingly, Planner I A motion was made by Board Member Howard, seconded by Vice Chair Jarboe, that Case Number 16VARIANCE1054 be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Bergmann, Howard, and Allendorf Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary August 15, 2016 Absent: 1- Tharp 4. 16VARIANCE1055 Request: Variance for side setback Project Name: Grove Pointe Assisted Living Location: 240 Masonic Home Drive Owner: Masonic Homes of KY, Inc. Applicant: Masonic Homes of KY, Inc. Representative: Dinsmore & Shohl LLP - Clifford Ashburner Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Joel Dock, Planner I A motion was made by Board Member Bergmann, seconded by Board Member Howard, that Case Number 16VARIANCE1055 be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Bergmann, Howard, and Allendorf Absent: 1- Tharp 5. 16WAIVER1027 Request: Sign Authorization Project Name: Vue @ 3rd Location: 537 S. 3rd Street Owner: Third Street Louisville Multifamily Partners, LLC Applicant: Sign-Tiques - Tracy O’Connor Representative: Sign-Tiques - Tracy O’Connor Jurisdiction: Louisville Metro Council District: 4 - David Tandy Case Manager: Joel Dock, Planner I A motion was made by Vice Chair Jarboe, seconded by Board Member Bergmann, that Case Number 16WAIVER1027 be APPROVED, with the EXCEPTION of delegating the responsibility to DDRO Staff to determine the height and location of said signs. 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 August 15, 2016 6. 16CUP1022 Request: Conditional Use Permit to allow a Rehabilitation Home in a Traditional Neighborhood Zoning District Project Name: VOA Women’s Rehab Home Location: 1025 S. 2nd Street Owner: Planned Parenthood of Kentucky Applicant: Volunteers of America of Kentucky Representative: Jeff Rawlins, Architectural Artisans Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Brian Mabry, Planning and Design Supervisor A motion was made by Board Member Howard, seconded by Board Member Bergmann, that Case Number 16CUP1022 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 patient-residents of the rehabilitation home shall be 16. 4. The associated revised district development plan for the site, and any necessary waivers or amendments to binding elements, shall be approved prior to development of the site for the proposed use. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Bergmann, Howard, and Allendorf Absent: 1- Tharp Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary August 15, 2016 7. 16CUP1014 Request: Conditional Use Permit to allow a boarding and lodging house in an R-6 zoning district Project Name: None Location: 1401 South Shelby Street Owner: Robert Tobias Applicant: Donald Tobias Representative: Donald Tobias 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 Howard, that Case Number 16CUP1014 be APPROVED, noting reference to Page 2 of the Staff Report, Number 4A, that due to the nature of the physical structure and the separate entrances for three separate entities under one roof, that the permit is modified so that the boarding home will have a maximum of 15 boarders rather than the 8 required by code; also noting reference to Page 3 of the Staff Report, Item J, that the Board finds that the establishment of the facility will not result in harm to the health, safety or general welfare of the surrounding neighborhood, and that substantial adverse impacts on adjoining property or land uses will not result from the facilities' operations due to the size of the building, the nature of the neighborhood where there are boarding houses and rooming houses in existence and the size of the three structures under one roof will not result in density beyond the neighborhood's capacity; also the Board finds the request to not add landscaping and buffering on the site is approved because of the physical restraints on the property and the lot involved, and 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 boarding home without further review and approval by the Board. The motion carried by the following vote: Yes: 5- Fishman, Turner, Jarboe, Howard, and Allendorf No: 1- Bergmann Absent: 1- Tharp Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary August 15, 2016 8. 16CUP1000 Request: Conditional Use Permit to allow a crematorium in a C-1 zoning district Project Name: Ratterman and Sons Funeral Home Location: 3800 Bardstown Road Owner: Pamela and James Ratterman Applicant: Alex Ratterman Representative: Clifford H. Ashburner Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Howard, seconded by Board Member Bergmann, that Case Number 16CUP1000, Conditional Use Permit to allow a crematorium in a C-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 a crematorium without further review and approval by the Board. The motion carried by the following vote: Yes: 5- Turner, Jarboe, Bergmann, Howard, and Allendorf Absent: 1- Tharp Abstain: 1- Fishman A motion was made by Board Member Howard, seconded by Board Member Turner, that Case Number 16CUP1000, Waiver to not provide vehicular connections between parking lots of abutting developments, be APPROVED. The motion carried by the following vote: Yes: 4- Turner, Bergmann, Howard, and Allendorf No: 1- Jarboe Absent: 1- Tharp Abstain: 1- Fishman Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary August 15, 2016 9. 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 Board Member Fishman, seconded by Board Member Howard, that Case Number 14CUP1003 be APPROVED, granting the extension of time to the November 21, 2016 Board of Zoning Adjustment meeting to allow the applicant until October 31, 2016 to submit information regarding the five deficiencies in Conditions of Approval for this Conditional Use Permit, NOTING that the dates originally requested for extension have already occurred. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Bergmann, Howard, and Allendorf Absent: 1- Tharp 10. 16CUP1001 Request: Presentation of the feasibility study concerning the additional structure in front of the unloading area as per Condition of Approval #5, 16CUP1001 and the status of the AquaCode equipment. Project Name: Swift Update 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 Vice Chair Jarboe, seconded by Board Member Howard, that Case Number 16CUP1001 be CONTINUED to the November 21, 2016 Board of Zoning Adjustment meeting, and require the applicant to submit status reports to staff as they learn of additional efforts with the equipment they described today and to be prepared to discuss the status of their efforts on November 21, 2016, and that the status reports submitted to staff need to be provided to the BOZA Board Members five days prior to the November 21, 2016 meeting. The motion carried by the following vote: Yes: 5- Fishman, Turner, Jarboe, Howard, and Allendorf Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary August 15, 2016 Absent: 2- Tharp, and Bergmann Adjournment Louisville Metro Government Page 8