Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, April 3, 2017 8:30 AM Old Jail Courtroom Rollcall Present: 5- Board Member Rosalind Fishman, Board Member Lester Turner Jr., Board Member Lula Howard, Board Member Paul Bergmann, and Chair Person Michael Allendorf Absent: 2- Board Member Betty Jarboe, and Board Member Dean Tharp Approval Of Minutes 1. BOZA_Minutes_03.20.17 Approval of the Minutes from the March 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 March 20, 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 Tharp Abstain: 1- Howard Business Session 2. 17VARIANCE1013 Request: Variance from the required 25’ rear yard setback Project Name: 1218 Park Hills Drive Garage Location: 1218 Park Hills Drive Owner: Sandra & James Hardison Applicant: James Hardison Representative: James Hardison Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Dante St. Germain, Planner I NOTE: Board Members Jarboe and Tharp arrived at approximately 8:35 a.m. A motion was made by Board Member Fishman, seconded by Board Member Howard, that Case Number 17VARIANCE1013, Variance from LDC table 5.3.1 for a structure to encroach into the required rear yard, be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Tharp, Howard, Bergmann, and Allendorf Abstain: 1- Jarboe Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary April 3, 2017 Public Hearing 3. 14CUP1003 Request: Conditions of Approval for the potentially hazardous or nuisance use (staging lot for trucks and trailers) Conditional Use Permit, approved on January 11, 2016. Project Name: Conditions of Approval Location: 151 & 201 Cabel Street Owner: Swift Pork Company Applicant: JBS USA, LLC &Swift Pork Company Representative: Glenn Price Jurisdiction: Louisville Metro Council District: 4- Barbara Sexton Smith Case Manager: Steve Hendrix, Planning and Design Supervisor A motion was made by Board Member Howard, seconded by Board Member Bergmann, that Case Number 14CUP1003 be CONTINUED to the April 17, 2017 Board of Zoning Adjustment meeting. The motion carried by the following vote: Yes: 7- Fishman, Turner, Jarboe, Tharp, Howard, Bergmann, and Allendorf 4. 16CUP1001 Request: Presentation of the feasibility study concerning the additional structure in front of the unloading area as per Condition of Approval #5, 16CUP1001 and the status of the AquaCode equipment. Project Name: Swift Update Location: 1200 Story Avenue Owner: Swift Inc. (JBS USA, LLC) Applicant: John W. Cliff Representative: Glenn Price Jurisdiction: Louisville Metro Council District: 4- Barbara Sexton Smith Case Manager: Steve Hendrix, Planning and Design Supervisor A motion was made by Board Member Howard, seconded by Board Member Bergmann, that Case Number 16CUP1001 be CONTINUED to the April 17, 2017 Board of Zoning Adjustment meeting. The motion carried by the following vote: Yes: 7- Fishman, Turner, Jarboe, Tharp, Howard, Bergmann, and Allendorf Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary April 3, 2017 5. 17VARIANCE1014 Request: Variance from the required 30’ street side yard setback Project Name: 2107 Twin Hill Road Location: 2107 Twin Hill Road Owner: Phyllis A Fetter Living Trust Applicant: Phyllis Fetter Representative: Jon Baker Jurisdiction: Louisville Metro Council District: 7 - Angela Leet Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Jarboe, seconded by Board Member Fishman, that Case Number 17VARIANCE1014, Variance from LDC table 5.3.1 for a primary structure to encroach into the required street side yard, be APPROVED. The motion carried by the following vote: Yes: 7- Fishman, Turner, Jarboe, Tharp, Howard, Bergmann, and Allendorf 6. 16DEVPLAN1108 Request: Variance from the Land Development Code section 4.8.3.D to allow a proposed 5 story hotel and parking area to be built in the waterway buffer area, and a Landscape Waiver from LDC section 10.2.4.to allow the proposed hotel and parking to encroach into the 35 foot LBA. Project Name: Best Western Location: 2905 Fern Valley Road Owner: KAC Enterprises, Inc. Applicant: Nick Pregliasco - Bardenwerper, Talbott & Roberts PLLC. Representative: Nick Pregliasco - Bardenwerper, Talbott & Roberts PLLC. Jurisdiction: Louisville Metro Council District: 21 - Dan Johnson Case Manager: Ross Allen, Planner I A motion was made by Board Member Bergmann, seconded by Board Member Jarboe, that Case Number 16DEVPLAN1108, Variance from LDC Section 4.8.3.D to allow, at its closest point, a proposed 5 story hotel and parking area to encroach into the streamside, middle and outer buffer zones by approximately 89 linear feet (maximum) or for an area of approximately 59,721 sf. along the rear (north) property line, be APPROVED, SUBJECT to the following Condition of Approval: Condition of Approval: 1. Planning and Design Services Staff shall review the elevations/renderings of the proposed 5 story hotel for requirements of LDC Section 5.6.1.B.1.a.i, ii, and iii. 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 April 3, 2017 A motion was made by Board Member Bergmann, seconded by Board Member Jarboe, that Case Number 16DEVPLAN1108, Waiver from LDC Section 10.2.4.A, table 10.2.3 to not provide the 35 foot Landscape Buffer area with the 1.5 planting density multiplier along the rear (north) property line for a length of approximately 1138.5 ft., be APPROVED, SUBJECT to the following Conditions of Approval: Conditions of Approval: 1. Planting shall be provided along the north property line that will block lighting from any vehicles. 2. Security lighting and other lighting shall be controlled such that there will be zero foot candles along the north property line. The motion carried by the following vote: Yes: 7- Fishman, Turner, Jarboe, Tharp, Howard, Bergmann, and Allendorf 7. 16CUP1056 Request: Conditional Use Permit to allow a short term rental that is not the primary residence of the host in a UN zoning district Project Name: Short Term Rental Location: 922 Rubel Ave. Owner: Luke Skeen Applicant: Luke Skeen Representative: Luke Skeen Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Brian Mabry, AICP, Planning & Design Supervisor A motion was made by Board Member Jarboe, seconded by Board Member Howard, that Case Number 16CUP1056, Conditional Use Permit to allow a short term rental as the primary use in a UN zoning district, 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: 7- Fishman, Turner, Jarboe, Tharp, Howard, Bergmann, and Allendorf Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary April 3, 2017 8. 16CUP1061 Request: Conditional Use Permit to allow a bed and breakfast inn Project Name: Old Louisville Fleur de Lis B&B Location: 1470 S. 3rd St. Owner: Laura Dills Applicant: Sharon Dills Representative: Sharon Dills Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Brian Mabry, AICP, Planning & Design Supervisor A motion was made by Board Member Fishman, seconded by Board Member Jarboe, that Case Number 16CUP1061, Conditional Use Permit to allow a bed and breakfast inn, be APPROVED, SUBJECT to the following Conditions of Approval: 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 bed and breakfast inn without further review and approval by the Board. The motion carried by the following vote: Yes: 7- Fishman, Turner, Jarboe, Tharp, Howard, Bergmann, and Allendorf Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary April 3, 2017 9. 16CUP1068 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: None Location: 319 South Bayly Avenue Owner: Reid Olson Applicant: Reid Olson Representative: Reid Olson Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Jarboe, seconded by Board Member Howard, that Case Number 16CUP1068, 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 Conditions of Approval: Conditions of Approval: 1. The short term rental and host shall meet all additional requirements set forth in the Louisville Metro Code of Ordinances. 2. The front of the property shall be improved by painting the porch, cleaning the siding and landscaping. 3. All short term rental guests shall be required to use off-street parking as provided by the applicant. The motion carried by the following vote: Yes: 7- Fishman, Turner, Jarboe, Tharp, Howard, Bergmann, and Allendorf Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary April 3, 2017 10. 17CUP1000 Request: Conditional Use Permit for short term rental on property in an R- 5B zoning district that is not the primary residence of the owner Project Name: 1120 Everett Avenue Location: 1120 Everett Avenue Owner: Sandra Corlett Applicant: Sandra Corlett Representative: Sandra Corlett Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Jarboe, seconded by Board Member Bergmann, that Case Number 17CUP1000, Conditional Use Permit to allow short term rental of a dwelling unit in an R-5B Residential Two-Family 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: 7- Fishman, Turner, Jarboe, Tharp, Howard, Bergmann, and Allendorf 11. 17CUP1006 Request: Conditional Use Permit to allow short term rental of an owner-occupied dwelling unit within the Old Louisville Traditional Neighborhood Zoning District Project Name: 1325 S. Brook Street Location: 1325 S. Brook Street Owner: Cheryl Fusselman Applicant: Cheryl Fusselman Representative: Cheryl Fusselman Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Fishman, seconded by Board Member Turner, that Case Number 17CUP1006, Conditional Use Permit to allow short term rental of an owner-occupied dwelling unit within the Old Louisville Traditional Neighborhood Zoning District, 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: Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary April 3, 2017 Yes: 7- Fishman, Turner, Jarboe, Tharp, Howard, Bergmann, and Allendorf Adjournment Louisville Metro Government Page 8