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 20, 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 Dean Tharp, Board Member Paul Bergmann, and Chair Person Michael Allendorf Absent: 1- Board Member Lula Howard Approval Of Minutes 1. BOZA_Minutes_03.06.17 Approval of the Minutes from the March 6, 2017 Board of Zoning Adjustment meeting. A motion was made by Board Member Jarboe, seconded by Board Member Bergmann, that the Minutes from the March 6, 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- Howard Abstain: 1- Tharp Business Session 2. 17VARIANCE1005 Request: Variances from the required 3’ side yard setback Project Name: 971 Barret Avenue Garage Location: 971 Barret Avenue Owner: Bette Jo Niemi Applicant: Graham Clark Representative: Graham Clark Jurisdiction: Louisville Metro Council District: 8- Brandon Coan Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Fishman, seconded by Board Member Bergmann, that Case Number 17VARIANCE1005, Variance from Land Development Code Section 5.4.1.E.5 for an accessory structure to encroach into the required side yards, 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 March 20, 2017 3. 17CUP1001 Request: Modified Conditional Use Permit to allow a minor increase in the building area and cosmetic external renovations in a C-2 zoning district Project Name: Norton Hospital Location: 231 East Chestnut Street Owner: Norton Hospital, Inc. Applicant: Norton Hospital, Inc. Representative: Sarah Beth Sammons Jurisdiction: Louisville Metro Council District: 4- Barbara Sexton Smith Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Jarboe, seconded by Board Member Tharp, that Case Number 17CUP1001, Modified Conditional Use Permit to allow renovation of the existing Norton Children's Hospital in a C-2 zoning district, be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Bergmann, and Allendorf Absent: 1- Howard 4. 17CUP1012 Request: Modified CUP Project Name: Terra View Trail Location: 14105 Aiken Road Owner: Otte Family Limited Partnership Applicant: John Dougherty, Louisville Paving and Construction Representative: Bardenwerper, Talbott & Roberts, PLLC Jurisdiction: Louisville Metro Council District: 19 - Julie Denton Case Manager: Laura Mattingly, Planner I A motion was made by Board Member Jarboe, seconded by Board Member Tharp, that Case Number 17CUP1012, Modified Conditional Use Permit to allow for heavy equipment staging and storage, 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 2 Board of Zoning Adjustment Action Summary March 20, 2017 5. 17CUP1004 Request: Modified Conditional Use Permit to allow construction of a structure that will house facilities to convert landfill gas from waste into Hi Btu gas for injection into an existing pipeline Project Name: Hi Btu Project Location: 2673 Outer Loop Owner: Waste Management of Kentucky, LLC Applicant: Waste Management of Kentucky, LLC Representative: Greg Ehrhard 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 Jarboe, that Case Number 17CUP1004, Modified Conditional Use Permit to allow the construction of a building that will house facilities to convert landfill gas from waste disposal operations into Hi Btu gas for injection into an existing pipeline, be APPROVED, on CONDITION that MSD approve the plans. The motion carried by the following vote: Yes: 5- Fishman, Turner, Jarboe, Tharp, and Bergmann Absent: 1- Howard Abstain: 1- Allendorf Public Hearing 6. 16CUP1059 Request: Conditional Use Permit to allow a proposed short term rental that is not the primary residence of the host in R-5A zoning district Project Name: Short Term Rental Location: 1500 Edgewood Place Owner: Johanna and Peter Byck Applicant: Johanna and Peter Byck Representative: Johanna and Peter Byck Jurisdiction: Louisville Metro Council District: 8- Brandon Coan Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Jarboe, seconded by Board Member Tharp, that Case Number 16CUP1059, Conditional Use Permit to allow short term rental in an R-5A zoning district that is not the primary residence of the host, 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 March 20, 2017 7. 15VARIANCE1090 Request: Variance to exceed maximum setback and height Project Name: Old Henry Crossings Lot 12 Location: 13906 Promenade Green Way Owner: OREO 3 LLC Applicant: OREO 3 LLC Representative: Vice Cox & Townsend PLLC; Land Design & Development Jurisdiction: Louisville Metro Council District: 19 - Julie Denton Case Manager: Joel Dock, Planner I A motion was made by Board Member Jarboe, seconded by Board Member Tharp, that Case Number 15VARIANCE1090, Variance of LDC Section 5.3.1.C.5 for structure on lot 12A to exceed the maximum setback; a variance of 210' on Promenade Green Way and 76' along High Wickham Place, Variance of LDC Section 5.3.1.C.5 for structure on lot 12B to exceed the maximum setback; a variance of 43' on Promenade Green Way and 205' along High Wickham Place, and Variance from LDC Section 5.5.6 to exceed the maximum height allowed per building height incentive; resulting in a total height of 48', be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Bergmann, and Allendorf Absent: 1- Howard 8. 17VARIANCE1007 Request: Variance from the required 12’ street side yard setback Project Name: 3400 Grandview Ave Addition Location: 3400 Grandview Ave Owner: Gregory Schanding Applicant: Gregory Schanding Representative: Gregory Schanding Jurisdiction: City of St. Matthews Council District: 9 - Bill Hollander Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Fishman, seconded by Board Member Bergmann, that Case Number 17VARIANCE1007, Variance from St. Matthews Development Code Section 4.6.C.2.c for an addition to encroach into the required street side yard, 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 4 Board of Zoning Adjustment Action Summary March 20, 2017 9. 17VARIANCE1008 Request: Variance from the required 30’ street side yard setback and variance to allow a fence in the required street side yard to exceed 4’ in height Project Name: 3947 Grandview Ave Garage and Fence Location: 3947 Grandview Ave Owner: Craig Rabeneck Applicant: Craig Rabeneck Representative: Craig Rabeneck Jurisdiction: City of St. Matthews Council District: 9 - Bill Hollander Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Jarboe, seconded by Board Member Bergmann, that Case Number 17VARIANCE1008, Variance from City of St. Matthews Development Code Section 4.6.C.2.c for a garage to encroach into the required street side yard, and Variance from City of St. Matthews Development Code Section 9.1.B.1.a for a fence to exceed 4' in height in a street side yard, be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Bergmann, and Allendorf Absent: 1- Howard 10. 16VARIANCE1100 Request: Variances for street side yard and side yard setback Project Name: 221 Notting Hill Blvd Location: 221 Notting Hill Blvd Owner: Lavon & Anissia Crayton Applicant: Lavon & Anissia Crayton Representative: Lavon & Anissia Crayton Jurisdiction: Louisville Metro Council District: 19 - Julie Denton Case Manager: Joel Dock, Planner I A motion was made by Board Member Fishman, seconded by Board Member Turner, that Case Number 16VARIANCE1100, Variance of Land Development Code Section 5.1.12.B.2.a.i.1 for encroachment into the infill established street side yard along Westbourne Grove Drive, a variance to allow a minimum setback of 22', be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Bergmann, and Allendorf Absent: 1- Howard A motion was made by Board Member Fishman, seconded by Board Member Turner, that Case Number 16VARIANCE1100, Variance of LDC Section 5.3.1.C for encroachment into the required 5' side yard, a variance of 3.5', be APPROVED. The motion carried by the following vote: Yes: 5- Fishman, Turner, Tharp, Bergmann, and Allendorf No: 1- Jarboe Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary March 20, 2017 Absent: 1- Howard 11. 16CUP1064 Request: Conditional Use Permit to allow a proposed short term rental that is not the primary residence of the host in R-5B zoning district Project Name: Short Term Rental Location: 2110 Edgeland Avenue Owner: Deirdre Seim Applicant: Deirdre Seim Representative: Deirdre Seim Jurisdiction: Louisville Metro Council District: 8- Brandon Coan Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Jarboe, seconded by Board Member Bergmann, that Case Number 16CUP1064, Conditional Use Permit to allow short term rental in an R-5B zoning district that is not the primary residence of the host, be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Bergmann, and Allendorf Absent: 1- Howard 12. 16CUP1084 Request: Modification of an approved Conditional Use Permit to allow an increase in the number of units 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 Board Member Bergmann, that Case Number 16CUP1084, Modification of a Conditional Use Permit to allow an increase in the number of units and square footage for the 2nd and 3rd floors by 7,000 square feet for a new total of 295,719, be APPROVED. The motion carried by the following vote: Yes: 4- Fishman, Turner, Bergmann, and Allendorf No: 2- Jarboe, and Tharp Absent: 1- Howard Adjournment Louisville Metro Government Page 6