Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, March 6, 2017 8:30 AM Old Jail Courtroom Call To Order Present: 6- Board Member Rosalind Fishman, Board Member Lester Turner Jr., Board Member Betty Jarboe, Board Member Lula Howard, Board Member Paul Bergmann, and Chair Person Michael Allendorf Absent: 1- Board Member Dean Tharp Approval Of Minutes 1. BOZA_Minutes_02.20.17 Approval of the Minutes from the February 20, 2017 Board of Zoning Adjustment meeting. A motion was made by Board Member Fishman, seconded by Board Member Bergmann, that the Minutes from the February 20, 2017 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 5- Fishman, Turner, Jarboe, Bergmann, and Allendorf Absent: 1- Tharp Abstain: 1- Howard Public Hearing 2. B-17987-12 Request: Conditions of Approval report as per the BOZA minutes of October 3, 2016 Project Name: Conditions of Approval Location: 7331 Global Drive Owner: Yamamoto FB Engineering Applicant: Yamamoto FB Engineering Representative: Yamamoto FB Engineering Jurisdiction: Louisville Metro Council District: 12-Rick Blackwell Case Manager: Steve Hendrix, Planning and Design Supervisor A motion was made by Board Member Jarboe, seconded by Board Member Bergmann, that in Case Number B-17987-12, Condition of Approval #1 has been MET. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Howard, Bergmann, and Allendorf Absent: 1- Tharp Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary March 6, 2017 A motion was made by Board Member Jarboe, seconded by Board Member Howard, that in Case Number B-17987-12, Condition of Approval #2 which involves the applicant's attempts to mitigate the noise to the adjacent neighbors by opening the garage doors only as needed during the hours of 7 p.m. and 7 a.m., be CONTINUED with the facts to be determined by Planning and Design Zoning Enforcement with the cooperation of Staff and Legal Counsel and report the findings to the Board on a 2-month periodic basis for a period of 6 months. The motion carried by the following vote: Yes: 5- Fishman, Turner, Jarboe, Bergmann, and Allendorf Absent: 1- Tharp Abstain: 1- Howard A motion was made by Board Member Jarboe, seconded by Board Member Howard, that in Case Number B017987-12, Condition of Approval #2 as relates to grass cutting be REMOVED. The motion carried by the following vote: Yes: 4- Jarboe, Howard, Bergmann, and Allendorf No: 2- Fishman, and Turner Absent: 1- Tharp A motion was made by Board Member Jarboe, seconded by Board Member Howard, that in Case Number B-17987-12, Condition of Approval #3 as relates to Yamamoto FB fixing the crack(s) in the Hillerich's garage, be REMOVED, based upon testimony that the cause was not able to be determined. The motion carried by the following vote: Yes: 5- Turner, Jarboe, Howard, Bergmann, and Allendorf No: 1- Fishman Absent: 1- Tharp 3. 17VARIANCE1001 Request: Reduction of street side yard setback Project Name: 1024 Lampton Street Location: 1024 Lampton Street Owner: Tommy Satterfield Applicant: Tommy Satterfield Representative: Cardinal Surveying Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Beth Jones, AICP, Planner III A motion was made by Board Member Fishman, seconded by Board Member Bergmann, that Case Number 17VARIANCE1001, Reduction of Street Side Yard Setback, be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Howard, Bergmann, and Allendorf Absent: 1- Tharp Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary March 6, 2017 4. 16CUP1086 Request: Conditional Use Permit to permit short term rental on property in an R-5B zoning district that is not the primary residence of the owner Project Name: Short-Term Rental Location: 1518 Highland Avenue Owner: Edwin & Angela Koressel Applicant: Edwin & Angela Koressel Representative: Edwin & Angela Koressel Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Beth Jones, AICP, Planner III A motion was made by Board Member Jarboe, seconded by Board Member Howard, that Case Number 16CUP1086, Conditional Use Permit to permit short term rental on property in an R-5B zoning district that is not the primary residence of the owner, 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 Ordinances. The motion carried by the following vote: Yes: 5- Fishman, Turner, Jarboe, Howard, and Allendorf No: 1- Bergmann Absent: 1- Tharp Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary March 6, 2017 5. 16CUP1087 Request: Conditional Use Permit to permit short term rental on property in an R-6 zoning district that is not the primary residence of the owner Project Name: Short-Term Rental Location: 16CUP1087 Owner: Marjie Ryan Applicant: Marjie Ryan Representative: Marjie Ryan Jurisdiction: Louisville Metro Council District: 21 - Dan Johnson Case Manager: Beth Jones, AICP, Planner III A motion was made by Board Member Jarboe, seconded by Board Member Turner, that Case Number 16CUP1087, Conditional Use Permit to allow a short term rental in an R-6 zoning district that is not the primary residence of the owner, be APPROVED, SUBJECT to the following Condition of Approval: Condition of Approval: 1. The short term rental and its 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, Turner, Jarboe, Howard, Bergmann, and Allendorf Absent: 1- Tharp Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary March 6, 2017 6. 16CUP1040 Request: Modification of an approved Conditional Use Permit to allow an expansion of a mini warehouse development in a C-2 zoning district Project Name: None Location: 8202 National Turnpike Owner: Valley Station Towne Center, LLC Applicant: Valley Station Towne Center, LLC Representative: Derek Triplett Jurisdiction: Louisville Metro Council District: 13 - Vicki Welch Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Fishman, seconded by Board Member Bergmann, that Case Number 16CUP1040, Modified Conditional Use Permit to allow additional min-warehouse units in a C-2 zoning district, be APPROVED, SUBJECT to the existing Conditions of Approval. Existing Conditions of Approval (16CUP1009) 1. The site shall be developed in strict compliance with the approved development plan. No further development shall occur on site without the prior review and approval by the Board. 2. The site shall be landscaped in accordance with the requirements of Chapter 10 of the Land Development Code. 3. Loading doors and vehicle maneuvering area shall be located away from the exterior of the property. 4. No storage of toxic or hazardous materials shall be allowed on the property. 5. There shall be no retail or wholesale sales or distributing activities on site. 6. No outdoor storage shall be allowed on the property. 7. Only on free standing sign shall be allowed. Such sign may be illuminated but shall be non-flashing and stationary in all components. Such sign shall not exceed 20 feet in height nor exceed a total of 64 square feet in area per side. 8. 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 a mini-warehouse without further review and approval by the Board. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Howard, Bergmann, and Allendorf Absent: 1- Tharp Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary March 6, 2017 7. 17APPEAL1000 Request: Appeal of a Zoning Violation Notice issued by Planning and Design Services Project Name: 4201 Taylorsville Lake Road Appeal Location: 4201 Taylorsville Lake Road Owner: Long Run Creek Properties Applicant: Long Run Creek Properties Representative: Bardenwerper Talbott & Roberts Jurisdiction: Louisville Metro Council District: 20 - Stuart Benson Case Manager: Brian Mabry, AICP, Planning and Design Supervisor NOTE: Board Member Fishman left at approximately 4:00 p.m. A motion was made by Board Member Jarboe, seconded by Board Member Howard, that in Case Number 17APPEAL1000, Appeal of a Zoning Violation Notice issued by Planning and Design Services concerning clearing of forested area greater than 5,000 square feet for development purposes in violation of Section 3.1.B.2 of the Land Development Code, the Board finds that the Notice of Violation of December 30, 2016 was PROPER. The motion carried by the following vote: Yes: 4- Turner, Jarboe, Howard, and Bergmann Absent: 2- Fishman, and Tharp Abstain: 1- Allendorf A motion was made by Board Member Jarboe, seconded by Board Member Howard, that Case Number 17APPEAL1000, Appeal of a Zoning Violation Notice issued by Planning and Design Services concerning clearing of forested area greater than 5,000 square feet for development purposes in violation of Section 3.1.B.2 of the Land Development Code, be DENIED. The motion carried by the following vote: Yes: 4- Turner, Jarboe, Howard, and Bergmann No: 1- Allendorf Absent: 2- Fishman, and Tharp Adjournment Louisville Metro Government Page 6