Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, November 21, 2016 8:30 AM Old Jail Courtroom Call To Order Present: 7- Board Member Rosalind Fishman, 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 Approval Of Minutes 1. BOZA Minutes 11.17.16 A motion was made by Board Member Howard, seconded by Board Member Tharp, that this Minutes be approved. The motion carried by the following vote and the Ordinance was sent to the Consent Calendar: Yes: 6- Fishman, Turner, Jarboe, Tharp, Howard, and Allendorf Abstain: 1- Bergmann Business Session 2. 16VARIANCE1080 Request: Variance from the Land Development Code section to allow a rear addition to encroach into the side yard setback and a reduction in the private yard area. Project Name: 602 Baxter Ave. Location: 602 Baxter Ave Owner: Libor Zacaek Applicant: Bruce Rogers - CBR Architects PLLC Representative: Bruce Rogers - CBR Architects PLLC 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 Howard, that Case Number 16VARIANCE1080 be APPROVED on CONDITION that the revised site plan is submitted to Staff showing the elimination of Variance 1. The motion carried by the following vote: Yes: 7- Fishman, Turner, Jarboe, Tharp, Bergmann, Howard, and Allendorf Public Hearing Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary November 21, 2016 3. 16VARIANCE1088 Request: Variance for side yard setback reduction Project Name: 1057 E. Washington Street Location: 1057 E. Washington Street Owner: JABB, LLC. Applicant: JABB, LLC. Representative: Schroll land Surveying - Bill Schroll Jurisdiction: Louisville Metro Council District: 4 - David Tandy Case Manager: Joel Dock, Planner I A motion was made by Board Member Fishman, seconded by Vice Chair Jarboe, that Case Number 16VARIANCE1088 be APPROVED. The motion carried by the following vote: Yes: 7- Fishman, Turner, Jarboe, Tharp, Bergmann, Howard, and Allendorf 4. 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 Bergmann, seconded by Board Member Fishman, that Case Number 14CUP1003 be CONTINUED to the April 3, 2017 Board of Zoning Adjustment meeting. The motion carried by the following vote: Yes: 7- Fishman, Turner, Jarboe, Tharp, Bergmann, Howard, and Allendorf Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary November 21, 2016 5. 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 Board Member Fishman, seconded by Vice Chair Jarboe, that Case Number 16CUP1001 be CONTINUED to the April 3, 2017 Board of Zoning Adjustment meeting for an AguaCode system status report and so that a representative from APCD can appear before the Board to answer questions regarding the progress of the project. The motion carried by the following vote: Yes: 7- Fishman, Turner, Jarboe, Tharp, Bergmann, Howard, and Allendorf 6. 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 Howard, that Case Number 16VARIANCE1074 be APPROVED noting that the applicant will remove the six foot posts along the deck. The motion carried by the following vote: Yes: 5- Fishman, Turner, Tharp, Howard, and Allendorf No: 2- Jarboe, and Bergmann Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary November 21, 2016 7. 16VARIANCE1081 Request: Variance from the Development Code (St. Matthews) Article 4 section 4.6.C.2.c to allow a proposed attached addition to the principal structure to encroach into the Street Side Yard setback by approximately 9 feet. Project Name: 300 Norbourne Blvd. Variance Location: 300 Norbourne Blvd. Owner: Natalie Borsch Applicant: Glen Coke - Coke General Contracting Inc. Representative: Glen Coke - Coke General Contracting Inc. Jurisdiction: City of St. Matthews Council District: 26 - Brent T. Ackerson Case Manager: Ross Allen, Planner I A motion was made by Board Member Howard, seconded by Board Member Fishman, that Case Number 16VARIANCE1081 be CONTINUED to the December 19, 2016 Board of Zoning Adjustment meeting to obtain further information and testimony from the applicant. The motion carried by the following vote: Yes: 7- Fishman, Turner, Jarboe, Tharp, Bergmann, Howard, and Allendorf 8. 16VARIANCE1070 Request: Variance from the Land Development Code section 5.4.1.D.2 for an R-6 zoned property to allow the proposed garage to decrease the Private Yard Area by less than 30% of the total lot area. Project Name: 2327 Sycamore Avenue Location: 2327 Sycamore Avenue Owner: Josh Lindley Applicant: Anne Del Prince - Del Prince Designs LLC. Representative: Anne Del Prince - Del Prince Designs LLC. Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Ross Allen, Planner I A motion was made by Board Member Howard, seconded by Board Member Fishman, that Case Number 16VARIANCE1070 be APPROVED. The motion carried by the following vote: Yes: 7- Fishman, Turner, Jarboe, Tharp, Bergmann, Howard, and Allendorf Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary November 21, 2016 9. 16VARIANCE1084 Request: Variance from the Land Development Code section 5.4.1.D.2 to allow a proposed detached garage to reduce the private yard are to less than the 30% of the total lot area. Project Name: 1866 Alfresco Place Variance Location: 1866 Alfresco Place Owner: James and Jane Convery Applicant: Charlie Williams - Charlie Williams Design Inc. Representative: Charlie Williams - Charlie Williams Design Inc. 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 Bergmann, that Case Number 16VARIANCE1084 be APPROVED. The motion carried by the following vote: Yes: 7- Fishman, Turner, Jarboe, Tharp, Bergmann, Howard, and Allendorf 10. 15CUP1007 Request: Conditional Use Permit to allow a boarding and lodging home in an R-6 zoning district Project Name: None Location: 2733 West Market Street Owner: Willie Jordan Applicant: Willie Jordan Representative: Willie Jordan Jurisdiction: Louisville Metro Council District: 5- Cheri Bryant Hamilton 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 15CUP1007 be CONTINUED to the December 19, 2016 Board of Zoning Adjustment meeting so that the applicant can conduct a neighborhood meeting under the guidance of staff, address outstanding code violations, and to provide photographs of the interior of the home. The motion carried by the following vote: Yes: 7- Fishman, Turner, Jarboe, Tharp, Bergmann, Howard, and Allendorf Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary November 21, 2016 11. 16CUP1031 Request: Conditional Use Permit to allow an accessory apartment in an R-4 zoning district Project Name: None Location: 1319 Gilmore Lane Owner: Carroll Spencer Applicant: Carroll Spencer Representative: Carroll Spencer Jurisdiction: Louisville Metro Council District: 21 - Dan Johnson Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Vice Chair Jarboe, seconded by Board Member Turner, that Case Number 16CUP1031 be APPROVED SUBJECT to the following 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: 6- Fishman, Turner, Jarboe, Bergmann, Howard, and Allendorf Absent: 1- Tharp 12. 16CUP1037 Request: Conditional Use Permit to allow a short term rental that is not the primary residence of the host in an R-6 zoning district Project Name: Short Term Rental Location: 2407 Emil Avenue Owner: Luke Skeen Applicant: Luke Skeen Representative: Luke Skeen Jurisdiction: Louisville Metro Council District: 15 - Marianne Butler Case Manager: Joseph Haberman, Planning & Design Manager A motion was made by Vice Chair Jarboe, seconded by Board Member Fishman, that Case Number 16CUP1037 be APPROVED SUBJECT to the following conditions of approval: 1. The short term rental and host shall meet all additional requirements set forth in the Louisville Metro Code of Ordinances. The motion carried by the following vote: Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary November 21, 2016 Yes: 6- Fishman, Turner, Jarboe, Bergmann, Howard, and Allendorf Absent: 1- Tharp 13. 16CUP1053 Request: Conditional Use Permit to allow a proposed short term rental that is not the primary residence of the host in an R-5 zoning district Project Name: Short Term Rental Location: 2205 Wibben Ave. Owner: Kimberly Meehan Applicant: Kimberly Meehan Representative: Kimberly Meehan Jurisdiction: Louisville Metro Council District: 8 - Tom Owen Case Manager: Brian Mabry, AICP, Planning & Design Supervisor A motion was made by Vice Chair Jarboe, seconded by Board Member Howard, that Case Number 16CUP1053 be APPROVED SUBJECT to the following conditions of approval: 1. The short term rental and host shall meet all additional requirements set forth in the Louisville Metro Code of Ordinances. 2. The total number of occupants per short term rental contract shall not exceed six. The motion carried by the following vote: Yes: 4- Turner, Jarboe, Howard, and Allendorf No: 2- Fishman, and Bergmann Absent: 1- Tharp 14. 16APPEAL1013 Request: Appeal of a decision by Planning & Design Services concerning nonconforming rights Project Name: Nonconforming Rights Location: 1636 West Oak Street Owner: Khairunissa Mohiuddin Applicant: Khairunissa Mohiuddin Representative: Khairunissa Mohiuddin 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 Howard, that Case Number 16APPEAL1013 be CONTINUED to the December 19, 2016 Board of Zoning Adjustment meeting for Staff and various government agencies to make a determination regarding the nonconforming use at this address. The motion carried by the following vote: Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary November 21, 2016 Yes: 6- Fishman, Turner, Jarboe, Bergmann, Howard, and Allendorf Absent: 1- Tharp Adjournment Louisville Metro Government Page 8