Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, October 3, 2016 8:30 AM Old Jail Courtroom Call To Order Present: 6- Board Member Lester Turner Jr., Vice Chair Betty Jarboe, Board Member Dean Tharp, Board Member Paul Bergmann, Board Member Lula Howard, and Chair Person Michael Allendorf Absent: 1- Board Member Rosalind Fishman Approval Of Minutes 1. BOZA_Minutes_09.12.16 A motion was made by Vice Chair Jarboe, seconded by Board Member Howard, that the minutes from the September 12, 2016 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 4- Jarboe, Bergmann, Howard, and Allendorf Absent: 1- Fishman Abstain: 2- Turner, and Tharp Business Session 2. BOZA Bylaws Update Project Name: BOZA Bylaws Update Case Manager: Jon Crumbie, Planning & Design Coordinator Jon Crumbie presented the Board with the updates to the BOZA Bylaws. No action was taken at this time. 3. 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 Joe Haberman showed the Board a presentation on Short Term Rentals Regulations for Louisville Metro. No action was taken. Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary October 3, 2016 Public Hearing 4. B-17987-12 Request: Seismographic Analysis Summary Report as per the BOZA minutes of B-17987-12, condition #1. Project Name: Seismographic Analysis Location: 7331 Global Drive Owner: Yamamoto FB Engineering Applicant: Yamamoto FB Engineering Representative: Darryl Keels Jurisdiction: Louisville Metro Council District: 12-Rick Blackwell Case Manager: Steve Hendrix, Planning and Design Supervisor A motion was made by Vice Chair Jarboe, seconded by Board Member Howard, that Case Number B-17987-12 be CONTINUED to the March 6, 2017 Board of Zoning Adjustment meeting. The motion carried by the following vote: Yes: 6- Turner, Jarboe, Tharp, Bergmann, Howard, and Allendorf Absent: 1- Fishman 5. 16VARIANCE1035 Request: Proposed Vehicle Use Area to encroach into streamside buffer - Continued from September 12th hearing 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 Board Member Bergmann, seconded by Board Member Howard, that Case Number 16VARIANCE1035 be APPROVED. The motion carried by the following vote: Yes: 5- Turner, Tharp, Bergmann, Howard, and Allendorf No: 1- Jarboe Absent: 1- Fishman Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary October 3, 2016 6. 16VARIANCE1053 Request: Variance for Parking in Front Setback Project Name: Residence Inn by Marriott Location: 401 Bullitt Lane Owner: Tim Boden, The Estate of Alice A. Boden Applicant: Chester Musselman, Musselman Hotels, LLC Representative: John Addington, BTM Engineering, Inc Jurisdiction: Louisville Metro Council District: 18 - Marilyn Parker Case Manager: Laura Mattingly, Planner I A motion was made by Board Member Howard, seconded by Vice Chair Jarboe, that Case Number 16VARIANCE1053 be APPROVED. The motion carried by the following vote: Yes: 6- Turner, Jarboe, Tharp, Bergmann, Howard, and Allendorf Absent: 1- Fishman 7. 16VARIANCE1062 Request: Variance from the Land Development Code sections 5.5.1.A.2 to allow a new proposed rear addition to be greater than five feet from the right of way line, AND nine waivers from the Land Development Code sections 5.6.1.A.1, 5.6.1.C.1, 5.8.1.B, 10.2.2, 10.2.4, 10.2.10, 10.2.11, 10.2.12, and 10.2.13. Project Name: 3917 Bardstown Road Variance Location: 3917 Bardstown Road Owner: Tony Zagata - Zagata Properties Applicant: John White - WPC Company Inc. Representative: John White - WPC Company Inc. . Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Ross Allen, Planner I A motion was made by Vice Chair Jarboe, seconded by Board Member Tharp, that Case Number 16VARIANCE1062 be APPROVED. The motion carried by the following vote: Yes: 6- Turner, Jarboe, Tharp, Bergmann, Howard, and Allendorf Absent: 1- Fishman Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary October 3, 2016 8. 16VARIANCE1065 Request: Variance from the Land Development Code section 5.4.1.E.5 to allow an accessory structure (garage) to encroach into the side yard setback along the western property line. Project Name: 815 East Washington Street Location: 815 East Washington Street Owner: Jan DeBevoise Applicant: Jan DeBevoise Representative: Jan DeBevoise Jurisdiction: Louisville Metro Council District: 4 - David Tandy Case Manager: Ross Allen, Planner I A motion was made by Vice Chair Jarboe, seconded by Board Member Bergmann, that Case Number 16VARIANCE1065 be APPROVED. The motion carried by the following vote: Yes: 6- Turner, Jarboe, Tharp, Bergmann, Howard, and Allendorf Absent: 1- Fishman 9. 16VARIANCE1068 Request: Variance from the Land Development Code section 5.3.1.C, table 5.3.1 for an R-5 zoned property to encroach into the Minimum Street Side Yard setback. Project Name: 1704 Speed Avenue Location: 1704 Speed Avenue Owner: Don Petty - Danagirl Investments LLC. Applicant: Jeremy Pearman - JB Pearman Construction Co. Representative: Jeremy Pearman - JB Pearman Construction Co. Jurisdiction: Louisville Metro Council District: 8 - Tom Owen Case Manager: Ross Allen, Planner I A motion was made by Vice Chair Jarboe, seconded by Board Member Bergmann, that Case Number 16VARIANCE1068 be DENIED. The motion carried by the following vote: Yes: 4- Jarboe, Tharp, Bergmann, and Howard No: 2- Turner, and Allendorf Absent: 1- Fishman Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary October 3, 2016 10. 16CUP1027 Request: Conditional Use Permit to allow proposed off-street parking in an OR-3 zoning district Project Name: None Location: 5050 Norton Healthcare Boulevard Owner: McMahan Holdings, LLC Applicant: McMahan Holdings, LLC Representative: Glenn Price Jurisdiction: Louisville Metro Council District: 16 - Kelly Downard Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Bergmann, seconded by Board Member Tharp, that Case Number 16CUP1027 be CONTINUED to the October 17, 2016 Board of Zoning Adjustment meeting. The motion carried by the following vote: NOTE: Case Numbers 16CUP1027 and 16CUP1028 were voted on by the Board simultaneously. Yes: 6- Turner, Jarboe, Tharp, Bergmann, Howard, and Allendorf Absent: 1- Fishman 11. 16CUP1028 Request: Conditional Use Permit to allow proposed a proposed medical facility in a C-1 zoning district Project Name: Norton Healthcare Cancer Center Location: 4955 Norton Healthcare Boulevard Owner: McMahan Holdings, LLC Applicant: McMahan Holdings, LLC Representative: Glenn Price Jurisdiction: Louisville Metro Council District: 16 - Kelly Downard Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Bergmann, seconded by Board Member Tharp, that Case Number 16CUP1028 be CONTINUED to the October 17, 2016 Board of Zoning Adjustment meeting. The motion carried by the following vote: NOTE: Case Numbers 16CUP1027 and 16CUP1028 were voted on by the Board simultaneously. Yes: 6- Turner, Jarboe, Tharp, Bergmann, Howard, and Allendorf Absent: 1- Fishman Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary October 3, 2016 12. 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 Vice Chair Jarboe, seconded by Board Member Bergmann, that Case Number 16APPEAL1008 be APPROVED. The motion carried by the following vote: Yes: 5- Turner, Jarboe, Tharp, Bergmann, and Allendorf Absent: 1- Fishman Abstain: 1- Howard A motion was made by Vice Chair Jarboe, seconded by Board Member Bergmann, that in Case Number 16APPEAL1008, the denial of the request was PROPER at the time based on the fact that Planning Commission Staff cannot approve a change in nonconforming use. The motion carried by the following vote: Yes: 5- Turner, Jarboe, Tharp, Bergmann, and Allendorf Absent: 1- Fishman Abstain: 1- Howard 13. 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 Vice Chair Jarboe, seconded by Board Member Bergmann, that Case Number 16APPEAL1009 be APPROVED. The motion carried by the following vote: Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary October 3, 2016 Yes: 6- Turner, Jarboe, Tharp, Bergmann, Howard, and Allendorf Absent: 1- Fishman A motion was made by Vice Chair Jarboe, seconded by Board Member Bergmann, that in Case Number 16APPEAL1009, that the Uniform Citation issued by the Louisville Metro Alcoholic Beverage Control was PROPER at the time based on the fact that Planning Commission Staff cannot approve a change in nonconforming use. The motion carried by the following vote: Yes: 6- Turner, Jarboe, Tharp, Bergmann, Howard, and Allendorf Absent: 1- Fishman 14. 16APPEAL1004 Request: Appeal of a Refusal issued by Planning & Design Services concerning the indoor consumption of alcohol at a retail package store within a C-1 zoning district Project Name: Nonconformance Location: 6908 Southside Drive Owner: Bivin Property, LLC Applicant: J. Buckley Enterprise, Inc. d/b/a Kenwood Liquors, c/o Shane Keith Representative: Nick Pregliasco Jurisdiction: Louisville Metro Council District: 21 - Dan Johnson Case Manager: Steve Hendrix, Planning and Design Supervisor A motion was made by Vice Chair Jarboe, seconded by Board Member Howard, that Case Number 16APPEAL1004 be APPROVED, noting that the Warning Notice from the Commonwealth of Kentucky Alcoholic Beverage Control was PROPER at the time. The motion carried by the following vote: Yes: 5- Turner, Jarboe, Bergmann, Howard, and Allendorf Absent: 2- Fishman, and Tharp 15. 16APPEAL1007 Request: Appeal of a decision by Planning & Design Services concerning nonconforming rights Project Name: Nonconformance Location: 613 Country Club Road Owner: Erwin G. & Teresa S. Davis Applicant: Davis Electronics Co, Inc. Representative: Cliff Ashburner Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Steve Hendrix, Planning and Design Supervisor A motion was made by Vice Chair Jarboe, seconded by Board Member Howard, that Case Number 16APPEAL1007 be APPROVED, noting that the decision issued by Planning and Design Services concerning nonconforming rights was PROPER at the time. The motion carried by the following vote: Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary October 3, 2016 Yes: 4- Turner, Jarboe, Howard, and Allendorf No: 1- Bergmann Absent: 2- Fishman, and Tharp Adjournment Louisville Metro Government Page 8