Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, December 5, 2016 8:30 AM Old Jail Courtroom Call To Order Chair Allendorf arrived at approximately 8:40 a.m. Present: 6- Board Member Rosalind Fishman, 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 Lester Turner Jr. Approval Of Minutes 1. BOZA Minutes 11.21.16 A motion was made by Board Member Howard, seconded by Board Member Bergmann, that the Minutes from the November 21, 2016 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 5- Fishman, Jarboe, Tharp, Bergmann, and Howard Absent: 2- Turner, and Allendorf Business Session 2. Public Meeting Calendar A motion was made by Board Member Bergmann, seconded by Board Member Fishman, that the 2017 Board of Zoning Adjustment Public Meeting Calendar be APPROVED. The motion carried by the following vote: Yes: 5- Fishman, Jarboe, Tharp, Bergmann, and Howard Absent: 2- Turner, and Allendorf Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary December 5, 2016 3. 16CUP1045 Request: Modified Conditional Use Permit to allow an amendment of a condition of approval concerning the off-street parking lot Project Name: None Location: 1971 Richmond Drive Owner: NCS Properties III, LLC Applicant: NCS Properties III, LLC Representative: Gordon Rose Jurisdiction: Louisville Metro Council District: 8 - Tom Owen Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Howard, seconded by Board Member Tharp, that Case Number 16CUP1045 be APPROVED, SUBJECT to the following Conditions of Approval: 1. The site shall be developed in strict compliance with the approved development plan. No further development shall occur on the site without prior review and approval by the Board. 2. No site preparation or construction of the off-street parking lot shall begin until the applicant obtains construction approval from the Metropolitan Sewer District. 3. Prior to the use of the site for an off-street parking lot, the applicant shall consolidate the two parcels by appropriate legal means. 4. The off-street parking lot shall be used only by the tenants and occupants of 1838 Bardstown Road and their respective customers and invitees. 5. The off-street parking are shall be landscaped in accordance with the provisions of Article 12 of the Zoning district Regulations. A landscaped plan for this site shall be approved by the staff landscape architect prior to construction of the off-street parking lot. 6. The conditional Use Permit shall be “exercised” as described in KRS.100.237 within one year 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 off-street parking lot without further review and approval by the Board. 7. The parking area shall not extend beyond the front building lines of the existing housing on the street. 8. There shall be no removal of trees along the front property line. 9. The dirt shall be replaced on the green space area. 10. There shall be no curb cut, or any entrance or exit for vehicles on Richmond Drive. 11. Bushes shall be placed at the rear of the lawn area to screen the new parking area. Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary December 5, 2016 12. Steps shall be provided for Richmond Drive onto the parking area. 13. Lighting for the parking area shall be controlled from the church and will not remain on all night. 14. Any landscape waivers required shall be approved by the Land Development and Transportation committee of the Planning Commission. The motion carried by the following vote: Yes: 4- Tharp, Bergmann, Howard, and Allendorf No: 2- Fishman, and Jarboe Absent: 1- Turner Public Hearing 4. 16VARIANCE1075 Request: Variance for sign to exceed height and area dimensions; Exceptional Signage review for awning signs Project Name: 1373 Lexington Road Location: 1373 Lexington Road Owner: Axis Louisville LLC Applicant: Cityscape Residential Representative: Cityscape Residential Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Beth Jones, AICP, Planner II A motion was made by Vice Chair Jarboe, seconded by Board Member Bergmann, that Case Number 16VARIANCE1075 be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Jarboe, Tharp, Bergmann, Howard, and Allendorf Absent: 1- Turner 5. 16VARIANCE1087 Request: Variance from the Land Development Code section 5.2.3.D.3.C to reduce the rear setback from 5 ft. to 0 ft. Project Name: 1508 West Broadway Location: 1508 West Broadway Owner: Najeh Latifalia Applicant: Najeh Latifalia Representative: Najeh Latifalia 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 Fishman, that Case Number 16VARIANCE087 be CONTINUED until the applicant arrives. The motion carried by the following vote: Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary December 5, 2016 Yes: 6- Fishman, Jarboe, Tharp, Bergmann, Howard, and Allendorf Absent: 1- Turner A motion was made by Board Member Fishman, seconded by Board Member Howard, that Case Number 16VARIANCE087 be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Jarboe, Tharp, Bergmann, Howard, and Allendorf Absent: 1- Turner 6. 16VARIANCE1086 Request: Variance from the Land Development Code section 5.3.1.C to allow a proposed pool to encroach into the minimum front yard setback on a double frontage lot. AND A waiver from LDC section 4.4.10.A to allow a swimming pool to be constructed in a required front yard. Project Name: 2434 Cross Hill Road Pool Location: 2434 Cross Hill Road Owner: Jay Lockwood Applicant: Jay Lockwood Representative: Jay Lockwood Jurisdiction: Louisville Metro 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 16VARIANCE086 be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Jarboe, Tharp, Bergmann, Howard, and Allendorf Absent: 1- Turner 7. 16VARIANCE1083 Request: Variance from the Land Development Code section 5.4.1.E.5 to allow a proposed detached garage to encroach into the Side Yard setback by approximately 2 feet. Project Name: 432 West Ormsby Ave Variance Location: 432 West Ormsby Ave. Owner: Philip Bevins Applicant: Joe Willis - Bluegrass Garage Builders Representative: Joe Willis - Bluegrass Garage Builders Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Ross Allen, Planner I A motion was made by Board Member Fishman, seconded by Board Member Howard, that Case Number 16VARIANCE1083 be APPROVED. The motion carried by the following vote: Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary December 5, 2016 Yes: 6- Fishman, Jarboe, Tharp, Bergmann, Howard, and Allendorf Absent: 1- Turner 8. 16VARIANCE1089 Request: Variance from the Land Development Code section 5.4.1.D.2 to reduce the private yard area to less than 30% of the required lot area. Project Name: 1366 South Third Street Location: 1366 South Third Street Owner: Gregory Likins - Diversified Designs Inc. Applicant: Gregory Likins - Diversified Designs Inc. Representative: Gregory Likins - Diversified Designs Inc. Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Ross Allen, Planner I A motion was made by Vice Chair Jarboe, seconded by Board Member Howard, that Case Number 16VARIANCE1089 be APPROVED (Requirement: 2,850 sq. ft.; Request: 2,350 sq. ft.; Variance: 500 sq. ft.). The motion carried by the following vote: Yes: 6- Fishman, Jarboe, Tharp, Bergmann, Howard, and Allendorf Absent: 1- Turner 9. 16VARIANCE1091 Request: Variance from the Land Development Code section 5.4.1.D.2 to reduce the private yard area to less than 30% of the required lot area. Project Name: 156 Pennsylvania Ave. Location: 156 Pennsylvania Ave. Owner: Pine Grove Design and Development LLC Applicant: Michael Fallot - Pine Grove Design and Development LLC Representative: Michael Fallot - Pine Grove Design and Development LLC Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Ross Allen, Planner I A motion was made by Vice Chair Jarboe, seconded by Board Member Bergmann, that Case Number 16VARIANCE1091 be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Jarboe, Tharp, Bergmann, Howard, and Allendorf Absent: 1- Turner Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary December 5, 2016 10. 16CUP1051 Request: Conditional Use Permit to allow a short term rental in an R-5 zoning district Project Name: None Location: 4538 South 6th Street Owner: Marilyn Bryan and William Gootee Applicant: Marilyn Bryan and William Gootee Representative: Marilyn Bryan and William Gootee Jurisdiction: Louisville Metro Council District: 21 - Dan Johnson Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Fishman, seconded by Board Member Howard, that Case Number 16CUP1051 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 Ordinance. The motion carried by the following vote: Yes: 6- Fishman, Jarboe, Tharp, Bergmann, Howard, and Allendorf Absent: 1- Turner 11. 16CUP1052 Request: Conditional Use Permit to allow short term rental as the primary use in an R-5B zoning district Project Name: None Location: 922 Cherokee Rd Owner: Deirdre Seim Applicant: Deirdre Seim Representative: Deirdre Seim Jurisdiction: Louisville Metro Council District: 8 - Tom Owen Case Manager: Brian Mabry, AICP, Planning and Design Supervisor A motion was made by Vice Chair Jarboe, seconded by Board Member Howard, that Case Number 16CUP1052 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: Yes: 6- Fishman, Jarboe, Tharp, Bergmann, Howard, and Allendorf Absent: 1- Turner Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary December 5, 2016 12. 16DEVPLAN1179 Request: Review of a proposed electrical/landscape contractors office within the Floyds Fork Overlay. Project Name: Electric Blades LLC. Location: 2810 South English Station Road Owner: Bruce Stansbury - Electric Blades LLC. Applicant: Bruce Stansbury - Electric Blades LLC. Representative: Morris Talbott - Advanced Engineering and Surveying LLC. Jurisdiction: Louisville Metro Council District: 20 - Stuart Benson Case Manager: Ross Allen, Planner I A motion was made by Vice Chair Jarboe, seconded by Board Member Bergmann, that the Variance from the Land Development Code, Section 5.3.1.C.5 to allow the building to exceed the maximum front setback by approximately 87 feet be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Jarboe, Tharp, Bergmann, Howard, and Allendorf Absent: 1- Turner In Case Number 16DEVPLAN1179, a motion was made by Vice Chair Jarboe, seconded by Board Member Tharp, to DENY the Waiver from LDC section 5.8.1.B to not provide a sidewalk along the 351 foot frontage of South English Station Road, and to APPROVE the Waiver from LDC section 5.8.1.B to not provide a sidewalk along a 116 foot section leading to the non-residential building from the public right of way. The motion carried by the following vote: Yes: 5- Fishman, Jarboe, Tharp, Bergmann, and Howard No: 1- Allendorf Absent: 1- Turner Adjournment Louisville Metro Government Page 7