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 19, 2016 8:30 AM Old Jail Courtroom Call To Order Present: 6- Board Member Rosalind Fishman, Board Member Lester Turner Jr., Vice Chair Betty Jarboe, Board Member Paul Bergmann, Board Member Lula Howard, and Chair Person Michael Allendorf Absent: 1- Board Member Dean Tharp Approval Of Minutes 1. BOZA Minutes 12.05.16 A motion was made by Vice Chair Jarboe, seconded by Board Member Fishman, that the Minutes from the December 5, 2016 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 5- Fishman, Jarboe, Bergmann, Howard, and Allendorf Absent: 1- Tharp Abstain: 1- Turner Business Session Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary December 19, 2016 2. 16VARIANCE1080 Request: Reconsideration Request concerning case, 16Variance1080, a reduction in the private yard area, approved by the Board on November 21, 2016. 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 RECONSIDERATION POLICY.............................................................................. 8.00 8.01 No appeal, application, or other matter acted upon by the Board may be reconsidered, except: 8.01.01 Upon motion by a member of the Board who voted with the majority 8.01.02. Said motion must be seconded by any member of the Board either for reconsideration, or rehearing. 8.01.03 Such motions for reconsideration shall be made within thirty (30) days of the Board’s original vote. Hearings on successful motions for reconsideration shall take place at the next regularly scheduled meeting of the Board. A motion was made by Board Member Fishman, seconded by Vice Chair Jarboe, that Case Number 16VARIANCE1080 be RECONSIDERED at the January 9, 2017 Board of Zoning Adjustment meeting. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Bergmann, Howard, and Allendorf Absent: 1- Tharp Public Hearing 3. 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 Bergmann, that Case Number 16APPEAL1013 be APPROVED. The motion carried by the following vote: Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary December 19, 2016 Yes: 4- Jarboe, Bergmann, Howard, and Allendorf No: 2- Fishman, and Turner Absent: 1- Tharp A motion was made by Vice Chair Jarboe, seconded by Board Member Fishman, in Case Number 16APPEAL1013, that the Planning & Design Services determination that the subject site does not have nonconforming rights to operate a convenience grocery with malt beverage sales was PROPER at the time. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Bergmann, Howard, and Allendorf Absent: 1- Tharp 4. 16WAIVER1053 Request: Exceptional Sign Review for Authorization of a Proposed Freestanding Sign Project Name: JD Nichols Campus Sign Location: 301 E. Jefferson Street Owner: NTS Realty Holdings LP Applicant: DeNyse Companies Representative: NTS Realty Holdings LP Jurisdiction: Louisville Metro Council District: 4 - David Tandy Case Manager: Brian Davis, AICP, Planning Manager A motion was made by Board Member Howard, seconded by Board Member Turner, that Case Number 16WAIVER1053 be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Bergmann, Howard, and Allendorf Absent: 1- Tharp 5. 16VARIANCE1090 Request: Variance from the Land Development Code section 5.4.1.D.3 to reduce the private yard area to less than 20% of the required lot area. Project Name: 351 Hillcrest Ave. Location: 351 Hillcrest Ave. Owner: Eric Call Applicant: Andrew Smallwood - Renaissance Design Build Inc. Representative: Andrew Smallwood - Renaissance Design Build Inc. Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Ross Allen, Planner I A motion was made by Board Member Fishman, seconded by Vice Chair Jarboe, that Case Number 16VARIANCE1090 be APPROVED. The motion carried by the following vote: Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary December 19, 2016 Yes: 6- Fishman, Turner, Jarboe, Bergmann, Howard, and Allendorf Absent: 1- Tharp 6. 16CUP1049 Request: Conditional Use Permit to allow short term rental that is not the primary residence of the host in a Traditional Neighborhood Zoning District Project Name: Kenner Short Term Rental Location: 1701 S. 4th St. Owner: Charles Kenner Applicant: Joanne Kenner Representative: Joanne Kenner Jurisdiction: Louisville Metro Council District: 6- David James 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 16CUP1049 be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Bergmann, Howard, and Allendorf Absent: 1- Tharp 7. 16CUP1055 Request: Modified Conditional Use Permit, landscape waivers, and variance to allow a chiropractic office in an R-7 zoning district Project Name: Louisville Family Chiropractic Location: 7300 New LaGrange Road Owner: Dr. Leah Wright Applicant: Dr. Leah Wright Representative: John Pacyga Jurisdiction: Norwood Council District: 7- Angela Leet 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 16CUP1055 be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Bergmann, Howard, and Allendorf Absent: 1- Tharp Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary December 19, 2016 8. 16CUP1058 Request: Conditional Use Permit to allow short term rental in an R-6 zoning district Project Name: None Location: 132 Adams Street Owner: Butchertown Historic Properties, III Applicant: Steve Makela Representative: Steve Makela Jurisdiction: Louisville Metro Council District: 4- David Tandy Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Vice Chair Jarboe, seconded by Board Member Howard, that Case Number 16CUP1058 be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Bergmann, Howard, and Allendorf Absent: 1- Tharp Adjournment Louisville Metro Government Page 5