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 23, 2017 8:30 AM Old Jail Courtroom Call To Order Present: 5- Board Member Rosalind Fishman, Board Member Lester Turner Jr., Board Member Dean Tharp, Board Member Paul Bergmann, and Chair Person Michael Allendorf Absent: 2- Board Member Betty Jarboe, and Board Member Lula Howard Approval Of Minutes 1. BOZA_Minutes_01.09.17 Approval of the Minutes from the January 9, 2017 Board of Zoning Adjustment meeting. A motion was made by Board Member Fishman, seconded by Board Member Turner, that the Minutes from the January 9, 2017 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 4- Fishman, Turner, Bergmann, and Allendorf Absent: 2- Jarboe, and Howard Abstain: 1- Tharp Business Session 2. BOZA Bylaws Request: Amendments to Bylaws and Policies. Case Manager: Jon Crumbie Present: 6- Board Member Rosalind Fishman, Board Member Lester Turner Jr., Board Member Betty Jarboe, Board Member Dean Tharp, Board Member Paul Bergmann, and Chair Person Michael Allendorf Absent: 1- Board Member Lula Howard NOTE: Vice Chair Jarboe arrived at approximately 8:36 a.m. A motion was made by Board Member Fishman, seconded by Board Member Turner, that the Amendment to the BOZA Bylaws and Policies be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Bergmann, and Allendorf Absent: 1- Howard Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary January 23, 2017 3. 17DEVPLAN1001 Request: Amendment of the development plan and expansion of its nonconforming use as permitted by KRS 100.253(2). Project Name: Starting Gate Suites Location: 700 Central Avenue Owner: Churchill Downs Incorporated Applicant: Calhoun Construction Services Representative: Brian O’Reilly Jurisdiction: Louisville Metro Council District: 15- Marianne Butler Case Manager: Steve Hendrix, Planning Supervisor A motion was made by Board Member Fishman, seconded by Board Member Bergmann, that Case Number 17DEVPLAN1001 be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Bergmann, and Allendorf Absent: 1- Howard Public Hearing 4. 16CUP1073 Request: Conditional Use Permit for off-street parking in a residential zone, Setback and Height Variance Project Name: Town Place Suites Location: 10200 & 10455 Champion Farms Drive Owner: Stephen E. Poe, Springhurst Development, LLC Applicant: Valentin Staller, Poe Companies, LLC Representative: Glenn Price, Frost Brown Todd, LLC Jurisdiction: Louisville Metro Council District: 17 - Glen Stuckel Case Manager: Laura Mattingly, Planner I A motion was made by Vice Chair Jarboe, seconded by Board Member Bergmann, that Case Number 16CUP1073, Conditional Use Permit for off-street parking in an R-7 zone, 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 a parking lot without further review and approval by the Board. 3. Proposal is subject to full construction plans being submitted to the Department of Public Works for traffic and MSD for storm water approvals. Once those have been approved, the plan is subject to Inspections, Permits and Licenses for building/parking permits. The motion carried by the following vote: Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary January 23, 2017 Yes: 6- Fishman, Turner, Jarboe, Tharp, Bergmann, and Allendorf Absent: 1- Howard A motion was made by Vice Chair Jarboe, seconded by Board Member Bergmann, that Case Number 16CUP1073, Variance from 5.3.1.C.5 to allow parking to reduce the required 50' non-residential to residential setback (Requirement 50', Request 2', Variance 48'), and Variance (16VARIANCE1092) from 5.3.1.C.5 to allow a building height of 62' (Requirement 35', Request 62', Variance 27') be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Bergmann, and Allendorf Absent: 1- Howard Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary January 23, 2017 5. 16VARIANCE1074 Request: Reconsideration hearing concerning case 16VARIANCE1074, request for conditions to be placed on the approved variance. Project Name: 7206 Hollow Creek Road Location: 7206 Hollow Creek Road Owner: Michael Secor Applicant: Michael Secor Representative: Stephen Porter Jurisdiction: Hollow Creek Council District: 23 - James Peden Case Manager: Ross Allen, Planner I A motion was made by Vice Chair Jarboe, seconded by Board Member Bergmann, that Case Number 16VARIANCE1074, Request for CONDITIONS to be placed on the approved Variance, be APPROVED. The Conditions of Approval are as follows: 1. Secor will be able to construct and retain a deck on their property as shown in Planning and Design Case #16VARIANCE1074. 2. Rivoli will not raise any objections to that deck, either in administrative or judicial venues. 3. The following planting, as shown on the attached drawing, will be accomplished no later than March 31, 2017: a. A Thuja Green Giant Arborvitae, 7-8 ft. in height at planting, at the northeast corner of the deck. b. Several Emerald Green Arborvitae, planted 3' on center, along the east side of the larger deck. c. Several Thuja Green Giant Arborvitae, 8-9 ft. in height, planted 3' on center, along the east side of the narrower deck. d. Several Thuja Green Giant Arborvitae, 8-9 ft. in height, planted 3' on center, along the remaining east side of the Secor property. 4. Secor shall pay the full cost of purchasing, planting and maintaining or replacing as necessary the plantings noted above in 3a, 3b, and 3c. 5. Secor shall pay 2/3, and Rivoli shall pay 1/3 of the cost or purchasing, planting and maintaining or replacing as necessary the plantings noted above in 3d. 6. This agreement shall be proposed to the Louisville Metro Board of Adjustment to be added as a condition of approval of the variance in 16VARIANCE1074 and shall take effect as of the approval by that Board. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Bergmann, and Allendorf Absent: 1- Howard Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary January 23, 2017 6. 16CUP1050 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: 614 Bellewood Road Owner: Tamela Pumphrey Applicant: Tamela Pumphrey Representative: Tamela Pumphrey Jurisdiction: Louisville Metro Council District: 19 - Julie Denton 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 16CUP1050, Conditional Use Permit to allow short term rental in an R-5 zoning district that is not the primary residence of the host, be APPROVED, SUBJECT to the following Condition of Approval: Condition 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, Turner, Jarboe, Tharp, Bergmann, and Allendorf Absent: 1- Howard Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary January 23, 2017 7. 16CUP1071 Request: Conditional Use Permit to allow a minor earth excavation/fill operation in a C-1 and C-2 zoning district Project Name: None Location: 100 English Station Way Owner: Otte Patterson, LLC Applicant: Otte Patterson, LLC Representative: William Bardenwerper Jurisdiction: Louisville Metro Council District: 19 - Julie Denton Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Fishman, seconded by Board Member Tharp, that Case Number 16CUP1071, Conditional Use Permit to allow an earth excavation/fill, minor operation in a C-1 and C-2 zoning district, 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 earth excavation/fill, minor without further review and approval by the Board. 3. Neighborhood Protection - The operation shall be conducted in such a manner as to offer protection to the neighborhood against possible detrimental effects, taking into consideration the physical relationship to surrounding properties and access to the site including any nearby local (residential) streets. 4. All deliveries of materials to the site shall be done between the hours of 7:00 a.m. and 6:00 p.m. on weekdays only. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Bergmann, and Allendorf Absent: 1- Howard Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary January 23, 2017 8. 16CUP1084 Request: Modification of an approved Conditional Use Permit to allow an increase in the number of units, access control gate, and deceleration lane Project Name: Chamberlain Senior Care Facility Location: 5217 Chamberlain Lane Owner: Chamberlain Senior Care, LLC Applicant: Chamberlain Senior Care, LLC Representative: William Bardenwerper Jurisdiction: Louisville Metro Council District: 16 - Scott Reed Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Fishman, seconded by Vice Chair Jarboe, that Case Number 16CUP1084 be CONTINUED to an indefinite date. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Bergmann, and Allendorf Absent: 1- Howard CHAIRMAN OR COMMISSION DIRECTOR’S REPORT Chair Allendorf reminded the Board Members that February 6, 2017 will be the Board of Zoning Adjustment Annual Meeting (Election of Officers). Adjournment Louisville Metro Government Page 7