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 17, 2016 8:30 AM Old Jail Courtroom Call To Order Present: 4- Board Member Rosalind Fishman, Board Member Lester Turner Jr., Board Member Paul Bergmann, and Chair Person Michael Allendorf Absent: 3- Vice Chair Betty Jarboe, Board Member Dean Tharp, and Board Member Lula Howard Approval Of Minutes 1. BOZA Minutes 10.03.16 A motion was made by Board Member Turner, seconded by Board Member Bergmann, that the minutes from the October 3, 2016 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 3- Turner, Bergmann, and Allendorf Absent: 3- Jarboe, Tharp, and Howard Abstain: 1- Fishman Business Session 2. 16CUP1054 Request: Modified CUP for RV, Boat, Vehicle Covered Parking Project Name: A Another Room Self Storage Location: 11720 Dixie Highway Owner: A Another Room Self Storage No. 9 Applicant: Greg Powell Representative: Greg Powell Jurisdiction: Louisville Metro Council District: 14-Cindi Fowler Case Manager: Julia Williams, RLA, AICP, Planning Supervisor A motion was made by Board Member Fishman, seconded by Board Member Bergmann, that Case Number 16CUP1054 be APPROVED. The motion carried by a unanimous voice vote. 3. BOZA Bylaws Update Project Name: BOZA Bylaws Update Case Manager: Jon Crumbie, Planning & Design Coordinator No action was taken on the BOZA Bylaws at this time. The Board will resume discussion of the Bylaws at the November 7, 2016 Board of Zoning Adjustment meeting. Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary October 17, 2016 Public Hearing 4. 16CUP1039 Request: Conditional Use Permit to allow proposed short term rentals in the TNZD Project Name: Short Term Rental Location: 547 West Saint Catherine Street Owner: Brian & Dana McMahan Applicant: Brian & Dana McMahan Representative: Brian & Dana McMahan Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Joseph Haberman, Planning & Design Manager A motion was made by Board Member Fishman, seconded by Board Member Bergmann, that Case Number 16CUP1039 be APPROVED. The motion carried by the following vote: Yes: 4- Fishman, Turner, Bergmann, and Allendorf Absent: 3- Jarboe, Tharp, and Howard 5. 16DEVPLAN1154 Request: Category 3 Development Plan and Variances to exceed the maximum setback along South Fourth Street and Guthrie Street frontages Project Name: Fourth Street Apartments Location: 535 South Fourth Street Owner: Jewish Hospital and St. Mary’s Healthcare Applicant: David Bastos - Power Encore LLC Representative: Kim Oatman - Civil Design Inc. Jurisdiction: Louisville Metro Council District: 4 - David Tandy Case Manager: Brian Davis, AICP, Planning Manager A motion was made by Board Member Bergmann, seconded by Board Member Fishman, that the Category 3 Plan in Case Number 16DEVPLAN1154 be APPROVED. The motion carried by the following vote: Yes: 4- Fishman, Turner, Bergmann, and Allendorf Absent: 3- Jarboe, Tharp, and Howard A motion was made by Board Member Bergmann, seconded by Board Member Fishman, that the Variances of Case Number 16DEVPLAN1154 be APPROVED. The motion carried by the following vote: Yes: 4- Fishman, Turner, Bergmann, and Allendorf Absent: 3- Jarboe, Tharp, and Howard Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary October 17, 2016 6. 16VARIANCE1067 Request: Variance from the Land Development Code section 4.4.3.A.1.a.i to allow an existing fence to exceed a height of 42 inches in the required front yard. Project Name: 1600 Cherokee Road fence Location: 1600 Cherokee Road Owner: Kevin Cogan - DPAC 1600 LLC. Applicant: Kevin Cogan - DPAC 1600 LLC. Representative: Marv Blomquist - Blomquist Design Group LLC. Jurisdiction: Louisville Metro Council District: 8 - Tom Owen Case Manager: Ross Allen, Planner I A motion was made by Board Member Bergmann, seconded by Board Member Fishman, that Case Number 16VARIANCE1067 be DENIED. The motion failed by the following vote: Yes: 1- Bergmann No: 3- Fishman, Turner, and Allendorf Absent: 3- Jarboe, Tharp, and Howard A motion was made by Board Member Fishman, seconded by Board Member Turner, that Case Number 16VARIANCE1067 be APPROVED, noting that the section of fencing along Bonnycastle Avenue will be lowered to 42", subject to the following Conditions of Approval: 1. The property owner will apply for a Right of Way License Agreement with Public works, the fee from which will be paid by the property owner. 2. Louisville Metro will be named on the owner’s insurance policy as an Additional Insured, the amount of which will be determined by Public Works. 3. The property owner will post a bond with Public Works for the lifetime of the encroachment into the public right of way. 4. The property owner must obtain a building permit for the fence. The motion carried by the following vote: Yes: 3- Fishman, Turner, and Bergmann Absent: 3- Jarboe, Tharp, and Howard Abstain: 1- Allendorf Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary October 17, 2016 7. 16VARIANCE1072 Request: Variance from the Land Development Code (July 2016) section 5.4.2.C.3.a to allow a detached unenclosed car port to encroach approximately 14 feet into the street side yard setback. Project Name: 5301 Dahl Road Location: 5301 Dahl Road Owner: Daniel Menedez Applicant: Daniel Menedez Representative: Daniel Menedez Jurisdiction: Louisville Metro Council District: 2 - Barbara Shanklin Case Manager: Ross Allen, Planner I A motion was made by Board Member Fishman, seconded by Board Member Turner, that Case Number 16VARIANCE1072 be APPROVED. The motion carried by the following vote: Yes: 4- Fishman, Turner, Bergmann, and Allendorf Absent: 3- Jarboe, Tharp, and Howard 8. 16VARIANCE1071 Request: Variance from the Land Development Code section 5.4.1.E.5 to allow steps from an unenclosed fenced deck to encroach into the 3 foot side yard setback as determined by LDC section 5.2.2, table 5.2.2 for an R-6 zoned parcel located within the Traditional Neighborhood Form District. Project Name: 715 Shelby Parkway Location: 715 Shelby Parkway Owner: Jordan Vance Smith Applicant: Jordan Vance Smith Representative: Jordan Vance Smith Jurisdiction: Louisville Metro Council District: 4 - David Tandy Case Manager: Ross Allen, Planner I A motion was made by Board Member Bergmann, seconded by Board Member Turner, that Case Number 16VARIANCE1071 be APPROVED. The motion carried by the following vote: Yes: 4- Fishman, Turner, Bergmann, and Allendorf Absent: 3- Jarboe, Tharp, and Howard Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary October 17, 2016 9. 16VARIANCE1076 Request: Variance from the Land Development Code section 5.3.1, table 5.3.1 to allow a proposed 2 story garage to encroach by 14 feet into the minimum street side yard setback on a parcel zoned R-5 within the Neighborhood Form District. Project Name: 1654 Cherokee Road Location: 1654 Cherokee Road Owner: Amy and Sterling Lipinski Applicant: Amy and Sterling Lipinski Representative: Amy and Sterling Lipinski 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 16VARIANCE1076 be APPROVED. The motion carried by the following vote: Yes: 4- Fishman, Turner, Bergmann, and Allendorf Absent: 3- Jarboe, Tharp, and Howard 10. 16VARIANCE1074 Request: Variance from the Land Development Code section 5.3.1, table 5.3.1 to allow an expansion onto an existing deck to encroach into the minimum side yard setback on a parcel zoned R-4 within the Neighborhood Form District. Project Name: 7206 Hollow Creek Road Location: 7206 Hollow Creek Road Owner: Michael Secor Applicant: Michael Secor Representative: Michael Secor Jurisdiction: Hollow Creek Council District: 23 - James Peden Case Manager: Ross Allen, Planner I A motion was made by Board Member Fishman, seconded by Board Member Bergmann, that Case Number 16VARIANCE1074 be CONTINUED. The motion carried by the following vote: Yes: 4- Fishman, Turner, Bergmann, and Allendorf Absent: 3- Jarboe, Tharp, and Howard Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary October 17, 2016 11. 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 Fishman, seconded by Board Member Bergmann, that Case Number 16CUP1027 be APPROVED. The motion carried by the following vote: Yes: 4- Fishman, Turner, Bergmann, and Allendorf Absent: 3- Jarboe, Tharp, and Howard 12. 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 Fishman, seconded by Board Member Bergmann, that Case Number 16CUP1028 be APPROVED. The motion carried by the following vote: Yes: 4- Fishman, Turner, Bergmann, and Allendorf Absent: 3- Jarboe, Tharp, and Howard Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary October 17, 2016 13. 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 Board Member Fishman, seconded by Board Member Bergmann, that Case Number 16WAIVER1033 be CONTINUED. The motion carried by the following vote: Yes: 4- Fishman, Turner, Bergmann, and Allendorf Absent: 3- Jarboe, Tharp, and Howard 14. 16VARIANCE1066 Request: Variance from the Development Code (April 2001), City of St. Matthews, section 6.3.C.3 to allow a height variance of 16’ for the parapet on the main structure to be 51’ in height to exceed the 35’ maximum building height for a C-1 zoned property in the City of St. Matthews. Project Name: 3901 Shelbyville Road Location: 3901 Shelbyville Road Owner: Peter Michael Hammer and William N. Gross - Gross Real Estate LLC. Applicant: Phil Riney - Independence Bank Representative: Kathy M. Linares - Mindel, Scott, and Associates Inc. Jurisdiction: City of St. Matthews Council District: 9 - Bill Hollander Case Manager: Ross Allen, Planner I A motion was made by Board Member Fishman, seconded by Board Member Bergmann, that Case Number 16VARIANCE1066 be APPROVED. The motion carried by the following vote: Yes: 3- Fishman, Bergmann, and Allendorf No: 1- Turner Absent: 3- Jarboe, Tharp, and Howard Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary October 17, 2016 15. 16CUP1034 Request: CUP for mini-storage with relief from the CUP requirements listed in 4.2.35 B and G and variances Project Name: Hurstbourne Storage Location: 2801 N. Hurstbourne Parkway Owner: S & L Ventures LLC Applicant: Erb, Walker, & Twiford Representative: Mindel Scott and Assoc.; Bardenwerper Talbott and Roberts PLLC Jurisdiction: Louisville Metro Council District: 17-Glen Stuckel Case Manager: Julia Williams, RLA, AICP, Planning Supervisor A motion was made by Board Member Fishman, seconded by Board Member Bergmann, that Case Number 16CUP1034 be APPROVED. The motion carried by the following vote: Yes: 4- Fishman, Turner, Bergmann, and Allendorf Absent: 3- Jarboe, Tharp, and Howard Adjournment Louisville Metro Government Page 8