Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, February 6, 2017 8:30 AM Old Jail Courtroom Call To Order Present: 7- Board Member Rosalind Fishman, Board Member Lester Turner Jr., Board Member Betty Jarboe, Board Member Dean Tharp, Board Member Lula Howard, Board Member Paul Bergmann, and Chair Person Michael Allendorf Approval Of Minutes 1. BOZA_Minutes_01.23.17 Approval of the Minutes from the January 23, 2017 Board of Zoning Adjustment meeting. A motion was made by Board Member Fishman, seconded by Vice Chair Jarboe, that the Minutes from the January 23, 2017 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Bergmann, and Allendorf Abstain: 1- Howard Business Session 2. BOZA_Annual_Report Request: BOZA Annual Report Case Manager: Brian Davis NOTE: This item was heard at the end of the agenda, just prior to Adjournment. Brian Davis presented information from the 2016 Planning & Design Services Annual Report. This item was for information purposes only, therefore, no vote or action was taken. 3. BOZA_Election_Officers BOZA Annual Election of Officers A motion was made by Board Member Fishman, seconded by Vice Chair Jarboe, that Mike Allendorf be NOMINATED as Chairperson for the Board of Zoning Adjustment. There being no other nominations, the election was closed and Mr. Allendorf was APPOINTED Chairperson for the Board of Zoning Adjustment. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Howard, and Bergmann Abstain: 1- Allendorf Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary February 6, 2017 A motion was made by Board Member Fishman, seconded by Board Member Bergmann, that Betty Jarboe be NOMINATED as Vice Chairperson for the Board of Zoning Adjustment. There being no other nominations, the election was closed and Ms. Jarboe was APPOINTED Vice Chairperson for the Board of Zoning Adjustment. The motion carried by the following vote: Yes: 7- Fishman, Turner, Jarboe, Tharp, Howard, Bergmann, and Allendorf A motion was made by Vice Chair Jarboe, seconded by Board Member Turner, that Rosalind Fishman be NOMINATED as Secretary for the Board of Zoning Adjustment. There being no other nominations, the election was closed and Ms. Fishman was APPOINTED Secretary for the Board of Zoning Adjustment. The motion carried by the following vote: Yes: 7- Fishman, Turner, Jarboe, Tharp, Howard, Bergmann, and Allendorf 4. 16APPEAL1010 Request: Appeal of a Notice of Violation issued by the Office of Planning & Design Services concerning an alleged junkyard, Board denied the Appeal on November 7, 2016, appellant given 3 months to remove the items Project Name: Status Report of Property Location: 4105 Bishop Lane Owner: Jeff Issis Applicant: Jeff Issis Representative: Jason T. Hardin Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Steve Hendrix, Planning and Design Supervisor Steve Hendrix provided an update on this case. Mr. Hendrix stated the case is still in the court system. NOTE: This was an update only, therefore, no vote or action was taken. Public Hearing Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary February 6, 2017 5. 16DEVPLAN1216 Request: Variance from LDC section 5.3.1.C.5, table 5.3.2 to allow the proposed parking to encroach into the required 50 foot setback between a non-residential to a residential setback with no loading. Project Name: Hikes Point Christian Parking Location: 2601 Hikes Lane Owner: Pastor Jeff Wallace - Hikes Point Christian Church Applicant: Marv A. Blomquist - Blomquist Design Group, LLC. Representative: Marv A. Blomquist - Blomquist Design Group, LLC. Jurisdiction: Louisville Metro Council District: 26 - Brent T. Ackerson Case Manager: Ross Allen, Planner I A motion was made by Vice Chair Jarboe, seconded by Board Member Fishman, that Case Number 16DEVPLAN1216, Variance from LDC Section 5.3.1.C.5, table 5.3.2 to allow the proposed parking to encroach into the required 50 foot setback between a non-residential to a residential setback with no loading, be APPROVED. The motion carried by the following vote: Yes: 7- Fishman, Turner, Jarboe, Tharp, Howard, Bergmann, and Allendorf 6. 16VARIANCE1101 Request: Variance to exceed maximum setback Project Name: 11903 Lilac Way Location: 11903 Lilac way Owner: Lee Pennington Applicant: Allen Construction and Cabinetry - Tony Sweazy Representative: Allen Construction and Cabinetry - Tony Sweazy Jurisdiction: City of Middletown Council District: 19 - Julie Denton Case Manager: Joel P. Dock, Planner I A motion was made by Board Member Fishman, seconded by Board Member Turner, that Case Number 16VARIANCE1101, Variance from the Land Development Code (City of Middletown - March, 2006), section 5.4.2.C.1 to exceed the infill established maximum front setback range, be APPROVED, on CONDITION a new site plan is submitted which reflects moving the driveway from the front of the house to the rear of the house. The motion carried by the following vote: Yes: 7- Fishman, Turner, Jarboe, Tharp, Howard, Bergmann, and Allendorf Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary February 6, 2017 7. 16VARIANCE1102 Request: Variance to reduce side and rear setbacks Project Name: Faulkner Office Building Location: 10030 Forest Green Blvd Owner: Forest Green Land, LLC Applicant: Lee Hasken, Faulkner Real Estate Representative: William B. Bardenwerper, Bardenwerper, Talbott & Roberts, PLLC Jurisdiction: Lyndon Council District: 18 - Marilyn Parker Case Manager: Laura Mattingly, Planner I A motion was made by Board Member Fishman, seconded by Board Member Bergmann, that Case Number 16VARIANCE1102, Variance from Section 5.3.5.C.3.b to allow a 0' setback for parking on the eastern property line, be APPROVED. The motion carried by the following vote: Yes: 7- Fishman, Turner, Jarboe, Tharp, Howard, Bergmann, and Allendorf A motion was made by Board Member Fishman, seconded by Board Member Bergmann, that Case Number 16VARIANCE1102, Variance from Section 5.3.5.C.3.c to allow a 2' setback for office building, patio and parking on the southern property line, be APPROVED. The motion carried by the following vote: Yes: 7- Fishman, Turner, Jarboe, Tharp, Howard, Bergmann, and Allendorf 8. 16CUP1046 Request: Conditional Use Permit to allow a proposed short term rental that is not the primary residence of the host in a traditional neighborhood zoning district Project Name: Short Term Rental Location: 1236 Garvin Place Owner: Weezie Properties, LLC Applicant: Weezie Properties, LLC Representative: Weezie Properties, LLC Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Vice Chair Jarboe, seconded by Board Member Fishman, that Case Number 16CUP1046, Conditional Use Permit to allow a short term rental in a Traditional Neighborhood Zoning District that is not the primary residence of the host, be APPROVED. The motion carried by the following vote: Yes: 7- Fishman, Turner, Jarboe, Tharp, Howard, Bergmann, and Allendorf Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary February 6, 2017 9. 16CUP1069 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: 1125 Mulberry Street Owner: Jeff Cross Applicant: Jeff Cross Representative: Jeff Cross Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Vice Chair Jarboe, seconded by Board Member Fishman, that Case Number 16CUP1060, 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. The motion carried by the following vote: Yes: 7- Fishman, Turner, Jarboe, Tharp, Howard, Bergmann, and Allendorf Adjournment Louisville Metro Government Page 5