Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, January 9, 2017 8:30 AM Old Jail Courtroom Call To Order Present: 5- Board Member Rosalind Fishman, Board Member Lester Turner Jr., Board Member Paul Bergmann, Chair Person Michael Allendorf, and Board Member Lula Howard Absent: 2- Board Member Dean Tharp, and Board Member Betty Jarboe Approval Of Minutes 1. 2016.12.19 BOZA Minutes A motion was made by Board Member Fishman, seconded by Board Member Turner, that the Minutes from the December 19, 2016 Board of Zoning Adjustment meeting be APPROVED. The motion carried by a unanimous voice vote. Yes: 5- Fishman, Turner, Bergmann, Allendorf, and Howard Absent: 2- Tharp, and Jarboe Business Session Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary January 9, 2017 2. 16VARIANCE1074 Request: Reconsideration Request concerning case 16Variance1074, a deck addition encroachment into the required side yard setback, approved by the Board on November 22, 2016. 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 RECONSIDERATION POLICY.............................................................................. 9.00 9.01 No appeal, application, or other matter acted upon by the Board may be reconsidered, except: 9.01.01 Upon motion by a member of the Board who voted with the majority 9.01.02. Said motion must be seconded by any member of the Board either for reconsideration, or rehearing. 9.01.03 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 Howard, seconded by Board Member Fishman, that the reconsideration request be APPROVED. The motion carried by the following vote: Yes: 3- Fishman, Turner, and Bergmann No: 2- Allendorf, and Howard Absent: 2- Tharp, and Jarboe A motion was made by Fishman, seconded by Board Member Turner, that Case Number 16VARIANCE1074 be RECONSIDERED at the January 23, 2017 Board of Zoning Adjustment meeting. The motion carried by the following vote: Yes: 3- Fishman, Turner, and Bergmann No: 2- Allendorf, and Howard Absent: 2- Tharp, and Jarboe Public Hearing Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary January 9, 2017 3. 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 Board Member Fishman, seconded by Board Member Turner, that Case Number 15CUP1007 be DENIED. The motion carried by the following vote: Yes: 4- Fishman, Turner, Bergmann, and Howard No: 1- Allendorf Absent: 2- Tharp, and Jarboe 4. 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: Nick Pregliasco - Bardenwerper, Talbott & Roberts, PLLC. Jurisdiction: Louisville Metro Council District: 4 - David Tandy Case Manager: Ross Allen, Planner I A motion was made by Howard, seconded by Bergmann, to REAFFIRM the November 21, 2016 decision by the Board of Zoning Adjustment to approve Case Number 16VARIANCE1080. The motion carried by the following vote: Yes: 3- Bergmann, Allendorf, and Howard No: 2- Fishman, and Turner Absent: 2- Tharp, and Jarboe Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary January 9, 2017 5. 16VARIANCE1094 Request: Variance to allow a freestanding sign to exceed the allowed square footage in a Regional Center Form District. Project Name: 8001/8003 Shelbyville Rd. Sign Variance Location: 8001/8003 Shelbyville Rd. Owner: Jay Middleton OR Steve Kelly - Toyota S/S Applicant: Rob DeLeeuw - Derby City Sign and Electric Representative: Rob DeLeeuw - Derby City Sign and Electric Jurisdiction: City of Lyndon Council District: 18 - Marilyn Parker Case Manager: Ross Allen, Planner I A motion was made by Bergmann, seconded by Howard, that Case Number 16VARIANCE1094 be APPROVED. The motion carried by the following vote: Yes: 5- Fishman, Turner, Bergmann, Allendorf, and Howard Absent: 2- Tharp, and Jarboe 6. 16VARIANCE1095 Request: Variance from the St. Matthews Development Code Article 9, section 9.1.B.1.b to allow a fence to exceed the 7 foot height limit in the required side and rear yard on a lot zoned R-4. Project Name: 3935 Kennison Court Location: 3935 Kennison Court Owner: Mary Burkhart - Mildred’s Nest LLC. Applicant: Mary Burkhart - Mildred’s Nest LLC. Representative: Mary Burkhart - Mildred’s Nest LLC. 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 Howard, that Variance #2 be APPROVED. The motion carried by the following vote: Yes: 5- Fishman, Turner, Bergmann, Allendorf, and Howard Absent: 2- Tharp, and Jarboe A motion was made by Board Member Fishman, seconded by Howard, that Variance #1 be APPROVED. The motion carried by the following vote: Yes: 5- Fishman, Turner, Bergmann, Allendorf, and Howard Absent: 2- Tharp, and Jarboe Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary January 9, 2017 7. 16VARIANCE1096 Request: Variance from the Land Development Code section 5.2.2.C, table 5.2.2 allow a proposed attached rear addition in a Traditional Neighborhood Form District in an R-5B zoning to encroach into the minimum side yard setback. Project Name: 1839 Roanoke Ave. Variance Location: 1839 Roanoke Ave. Owner: Mary Lou Ryant Applicant: Lindsey Stoughton - LMS Design Representative: Lindsey Stoughton - LMS Design Jurisdiction: Louisville Metro Council District: 8 - Tom Owen Case Manager: Ross Allen, Planner I A motion was made by Board Member Fishman, seconded by Howard, that Case Number 16VARIANCE1096 be APPROVED. The motion carried by the following vote: Yes: 4- Fishman, Turner, Allendorf, and Howard Absent: 3- Bergmann, Tharp, and Jarboe 8. 16VARIANCE1098 Request: Variance from the Land Development Code section 4.4.3.A.1.a.i, to allow a constructed fence to exceed the maximum height (4 ft.) in the required street side yard on a R-5 zoned parcel within a Neighborhood Form District Project Name: 6829 Village Gate Trace Fence Location: 6829 Village Gate Trace Owner: Shelia Johnson Applicant: Shelia Johnson Representative: Shelia Johnson Jurisdiction: Louisville Metro Council District: 23 - James Peden Case Manager: Ross Allen, Planner I A motion was made by Howard, seconded by Board Member Fishman, that Case Number 16VARIANCE1098 be APPROVED. The motion carried by the following vote: Yes: 4- Fishman, Turner, Allendorf, and Howard Absent: 3- Bergmann, Tharp, and Jarboe Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary January 9, 2017 9. 16CUP1036 Request: Conditional Use Permit to allow proposed short term rentals in the TNZD Project Name: Short Term Rental Location: 118 E. Ormsby Ave. Owner: James Deeb Applicant: James Deeb Representative: James Deeb Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Brian Mabry, AICP, Planning & Design Supervisor A motion was made by Howard, seconded by Board Member Turner, that Case Number 16CUP1036 be APPROVED, SUBJECT to the following condition 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: 4- Fishman, Turner, Allendorf, and Howard Absent: 3- Bergmann, Tharp, and Jarboe Adjournment Louisville Metro Government Page 6