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 17, 2017 8:30 AM Old Jail Courtroom Rollcall Present: 6- Board Member Rosalind Fishman, Board Member Lester Turner Jr., Board Member Betty Jarboe, Board Member Dean Tharp, Board Member Lula Howard, and Board Member Paul Bergmann Absent: 1- Chair Person Michael Allendorf Approval Of Minutes 1. BOZA_Minutes_04.03.17 Approval of the Minutes from the April 3, 2017 Board of Zoning Adjustment meeting. A motion was made by Board Member Fishman, seconded by Board Member Tharp, that the Minutes from the April 3, 2017 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Howard, and Bergmann Absent: 1- Allendorf Business Session 2. 17VARIANCE1012 Request: Variance from the required 5’ side yard setback Project Name: 7115 Welchire Falls Drive Location: 7115 Welchire Falls Drive Owner: Welch Builders Inc. Applicant: Welch Builders Inc. Representative: Charles Podgursky 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 Tharp, that Case Number 17VARIANCE1012, Variance from LDC Table 5.3.1 for a structure to encroach into the required side yard, be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Howard, and Bergmann Absent: 1- Allendorf Public Hearing Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary April 17, 2017 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 Fishman, seconded by Board Member Tharp, that Case Number 14CUP1003, Condition #3B (fencing) and Condition #5 (lighting) have been MET; and Condition #18 (diesel emissions) be CONTINUED to the July 10, 2017 Board of Zoning Adjustment meeting, along with an affirmation that the landscaping requirement of Item 3C has been complied with. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Howard, and Bergmann Absent: 1- 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 Tharp, that Case Number 16CUP1001, Condition of Approval #5, the feasibility study report be ACCEPTED, in that the applicant has demonstrated that it would be unfeasible to enclose the trucks in front of the unloading area due to the size of the area, and that the status report of the Aqua Code system be CONTINUED to the July 10, 2017 Board of Zoning Adjustment meeting. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Howard, and Bergmann Absent: 1- Allendorf Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary April 17, 2017 5. 17VARIANCE1017 Request: Sign Height and Setback Variance Project Name: Thornton’s Gas Station Location: 4170 Taylor Blvd Owner: Jode Ballard, Thornton’s Inc Applicant: Eric Tracy, Kimley-Horn & Associates Representative: Eric Tracy, Kimley-Horn & Associates Jurisdiction: Louisville Metro Council District: 15 - Marianne Butler Case Manager: Laura Mattingly, Planner II A motion was made by Board Member Fishman, seconded by Board Member Tharp, that Case Number 17VARIANCE1017, Variance from LDC Table 8.3.2 (Traditional Neighborhood) to allow a proposed freestanding sign to exceed the minimum height of 6 feet, as shown on the sign elevations, and Variance from LDC Section 5.5.1.A.2 to allow the proposed building to be located more than 5' from the rights of way of both Bluegrass Avenue and Taylor Boulevard, as shown on the development plan, be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Howard, and Bergmann Absent: 1- Allendorf 6. 17VARIANCE1011 Request: Variance to reduce private yard and waiver for orientation of entrance Project Name: 620 S. Campbell Street Location: 620 S. Campbell Street Owner: Kersey and Kersey, Inc. Applicant: Kersey and Kersey Architects Representative: Kersey and Kersey Architects Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton-Smith Case Manager: Joel Dock, Planner II A motion was made by Board Member Bergmann, seconded by Board Member Fishman, that Case Number 17VARIANCE1011, Variance from LDC Section 5.4.1.D to reduce the private yard area, and Waiver from LDC Section 5.4.1.C.1 to allow the principal entrance to not be oriented to the primary street, be APPROVED. The motion carried by the following vote: Yes: 4- Fishman, Turner, Jarboe, and Bergmann No: 1- Tharp Absent: 1- Allendorf Abstain: 1- Howard Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary April 17, 2017 7. 17DEVPLAN1011 Request: Category 2B Review with variance & waiver applications for the placement of a proposed convenience store and restaurant Project Name: 17DEVPLAN1011 Location: 1101 Fairdale Road Owner: IRJ,LLC Applicant: Axis Investments LLC Representative: Sarah Beth Sammons, Land Design & Development, Inc Jurisdiction: Louisville Metro Council District: 13 - Vicki Aubrey Welch Case Manager: Steve Hendrix, Planning & Design Supervisor A motion was made by Board Member Howard, seconded by Board Member Tharp, that Case Number 17DEVPLAN1011, Variance from LDC 5.3.1.C.5, Table 5.3.2 to allow the structure to exceed the 80 foot maximum setback, and Waiver from LDC Section 5.3.1.C.5 to allow no entrance facing Fairdale Road, be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Howard, and Bergmann Absent: 1- Allendorf Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary April 17, 2017 8. 16CUP1081 Request: Conditional Use Permit to allow an athletic facility at Spalding University in an M-3 zoning district Project Name: Spalding University Athletic Fields Location: 916 South 8th Street and 939 South 9th Street Owner: Spalding University Inc. Applicant: Spalding University Inc. Representative: Matt Wolff Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Jon E. Crumbie, Planning and Design Coordinator NOTE: Board Member Tharp left at approximately 11:46 a.m. A motion was made by Board Member Fishman, seconded by Board Member Bergmann, that in Case Number 16CUP1081, the lighting plan is IN COMPLIANCE, and Conditional Use Permit to allow athletic fields in a M-3 zoning district, 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 athletic fields without further review and approval by the Board. The motion carried by the following vote: Yes: 5- Fishman, Turner, Jarboe, Howard, and Bergmann Absent: 2- Tharp, and Allendorf Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary April 17, 2017 9. 16CUP1083 Request: CUP for mini-storage with relief from the CUP requirements listed in 4.2.35 B and G, a Variance and Waivers Project Name: Bardstown Road Storage Location: 3415 Bardstown Road Owner: Bardstown Road Centre LLC Applicant: Erb, Walker, & Twiford Representative: Mindel Scott and Assoc.; Bardenwerper Talbott and Roberts PLLC. Jurisdiction: Louisville Metro Council District: 26- Brent Ackerson Case Manager: Julia Williams, RLA, AICP, Planning Supervisor A motion was made by Board Member Bergmann, seconded by Board Member Fishman, that Case Number 16CUP1083 be CONTINUED to the May 1, 2017 Board of Zoning Adjustment meeting, to address specifically Condition of Approval #6, the materials and design of the proposed structures. The motion carried by the following vote: Yes: 4- Fishman, Turner, Jarboe, and Bergmann No: 1- Howard Absent: 2- Tharp, and Allendorf Adjournment Louisville Metro Government Page 6