Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, September 12, 2016 8:30 AM Old Jail Courtroom Call To Order Present: 4- Vice Chair Betty Jarboe, Board Member Paul Bergmann, Board Member Lula Howard, and Chair Person Michael Allendorf Absent: 3- Board Member Rosalind Fishman, Board Member Lester Turner Jr., and Board Member Dean Tharp Approval Of Minutes 1. BOZA_Minutes_08.29.16 Approval of the Minutes from the August 29, 2016 Board of Zoning Adjustment meeting. A motion was made by Board Member Howard, seconded by Vice Chair Jarboe, that the Minutes from the August 29, 2016 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 3- Jarboe, Bergmann, and Howard Absent: 3- Fishman, Turner, and Tharp Abstain: 1- Allendorf Business Session 2. 16PRESENT1000 Request: Presentation on Short Term Rentals Project Name: Short Term Rentals LDC Text Amendment Location: Multiple Owner: Multiple Applicant: Louisville Metro Representative: Louisville Metro Jurisdiction: Louisville Metro Council District: Multiple Case Manager: Joe Haberman, Planning and Design Manager Due to technical difficulties involving the projector equipment, this case was not heard. No vote or action was taken. Public Hearing Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary September 12, 2016 3. 16VARIANCE1035 Request: Proposed Vehicle Use Area to encroach into streamside buffer Project Name: Algood Manufacturing Location: 10611 Freeport Drive Owner: Cecil C Barnette Family LLC Applicant: Cecil C Barnette Family LLC Representative: Ashley Bartley, Qk4 Jurisdiction: Louisville Metro Council District: 12 - Rick Blackwell Case Manager: Laura Mattingly, Planner I A motion was made by Vice Chair Jarboe, seconded by Board Member Bergmann, that Case Number 16VARIANCE1035 be CONTINUED to the October 3, 2016 Board of Zoning Adjustment meeting. The motion carried by the following vote: Yes: 3- Jarboe, Bergmann, and Allendorf No: 1- Howard Absent: 3- Fishman, Turner, and Tharp 4. 16VARIANCE1063 Request: Variance from the Land Development Code section 8.3.3.A.10.d to allow a proposed sign to exceed the area and height as found in table 8.3.2 for the Suburban Workplace Form District AND a waiver from LDC section 8.3.3.B.3 to allow more than one sign on a lot fronting only one street. Project Name: Holiday Inn Sign Location: 1921 Bishop Lane Owner: Sumeet Seth - Newburg Hospitality LLC. Applicant: Shannon Childress - Newburg hospitality LLC. Representative: Jeffrey Lamb - Commonwealth Sign Company Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Ross Allen, Planner I A motion was made by Board Member Howard, seconded by Board Member Bergmann, that Case Number 16VARIANCE1063 be APPROVED. The motion carried by the following vote: Yes: 4- Jarboe, Bergmann, Howard, and Allendorf Absent: 3- Fishman, Turner, and Tharp Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary September 12, 2016 5. 16WAIVER1033 Request: Exceptional Signage Review Project Name: Crescent Center Location: 631 S 3rd Street Owner: TMG III Crescent Center LLC Applicant: Trilogy Real Estate Representative: William Bardenwerper Jurisdiction: Louisville Metro Council District: 4 - David Tandy Case Manager: Laura Mattingly, Planner I A motion was made by Vice Chair Jarboe, seconded by Board Member Bergmann, that Case Number 16WAIVER1033 be CONTINUED to the October 17, 2016 Board of Zoning Adjustment meeting at the applicant's request. The motion carried by the following vote: Yes: 4- Jarboe, Bergmann, Howard, and Allendorf Absent: 3- Fishman, Turner, and Tharp 6. 16CUP1023 Request: Conditional Use Permit and variance to allow an accessory apartment in an R-5 zoning district Project Name: None Location: 811 Fetter Avenue Owner: Companies Wood Properties, LLC Applicant: Company Wood Properties, LLC Representative: Sarah Beth Sammons Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Bergmann, seconded by Vice Chair Jarboe, that Case Number 16CUP1023 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 accessory apartment without further review and approval by the Board. The motion carried by the following vote: Yes: 4- Jarboe, Bergmann, Howard, and Allendorf Absent: 3- Fishman, Turner, and Tharp Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary September 12, 2016 7. 16CUP1029 Request: Conditional Use Permit and variances to allow a home for the infirm and aged in a C-1 zoning district Project Name: Stonecrest Senior Living Location: 1105 Dorsey Lane Owner: Hogan Holdings 42, LLC Applicant: NP Senior Living Development, LLC Representative: William Bardenwerper Jurisdiction: Lyndon Council District: 18 - Marilyn Parker 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 16CUP1029 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 home for the infirmed and aged without further review and approval by the Board. The motion carried by the following vote: Yes: 4- Jarboe, Bergmann, Howard, and Allendorf Absent: 3- Fishman, Turner, and Tharp 8. 16APPEAL1008 Request: Appeal of a refusal issued by staff, concerning the establishment of a nonconforming use with a change to another nonconforming use Project Name: Nonconformance Location: 2747 South Seventh Street Road Owner: Gary S. Ruark & Mary Birkhead Ruark Applicant: Gary S. Ruark & Mary Birkhead Ruark Representative: William B. Bardenwerper Jurisdiction: Louisville Metro Council District: 6-David James Case Manager: Steve Hendrix, Planning and Design Supervisor A motion was made by Board Member Howard, seconded by Board Member Bergmann, that Case Number 16APPEAL1008 be CONTINUED to the October 3, 2016 Board of Zoning Adjustment meeting due to loss of quorum at today's meeting. The motion carried by the following vote: Yes: 4- Jarboe, Bergmann, Howard, and Allendorf Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary September 12, 2016 Absent: 3- Fishman, Turner, and Tharp 9. 16APPEAL1009 Request: Appeal of a Notice of Violation issued by the Department of Codes and Regulations concerning the consumption of alcohol (indoor & outdoor) at a retail package store location within a C-1 zoning district Project Name: Nonconformance Location: 14009 Dixie Highway Owner: Kenneth L. Hagan Applicant: Steelhorse Package Liquor & Saloon Representative: Kenneth L. Hagan Jurisdiction: Louisville Metro Council District: 14-Cindi Fowler Case Manager: Steve Hendrix, Planning and Design Supervisor A motion was made by Board Member Howard, seconded by Board Member Bergmann, that Case Number 16APPEAL1009 be CONTINUED to the October 3, 2016 Board of Zoning Adjustment meeting due to loss of quorum at today's meeting. The motion carried by the following vote: Yes: 4- Jarboe, Bergmann, Howard, and Allendorf Absent: 3- Fishman, Turner, and Tharp Adjournment Louisville Metro Government Page 5