Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, May 1, 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 Lula Howard, and Chair Person Michael Allendorf Absent: 1- Board Member Paul Bergmann Approval Of Minutes 1. BOZA_Minutes_04.17.17 Approval of the Minutes from the April 17, 2017 Board of Zoning Adjustment meeting. A motion was made by Board Member Fishman, seconded by Board Member Turner, that the Minutes from the April 17, 2017 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 5- Fishman, Turner, Jarboe, Tharp, and Howard Absent: 1- Bergmann Abstain: 1- Allendorf Business Session 2. B-17987-12 Request: Site Inspection Report Project Name: B-17987-12, Condition # 2a 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 This agenda item was for update informational purposes only. Therefore, no vote or action was taken. Public Hearing Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary May 1, 2017 3. 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 Howard, seconded by Board Member Tharp, that Case Number 16CUP1083, Conditional Use Permit for Mini-Storage, 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 mini-storage facility without further review and approval by the Board. 3. Proposal is subject to full construction plans being submitted to the Department of Public Works for traffic and MSD for storm water approvals. Once those have been approved, the plan is subject to Inspections, Permits and Licenses for building/parking permits. 4. A reciprocal access and crossover easement agreement in a form acceptable to the Planning Commission legal counsel shall be created between the adjoining property owners and recorded. A copy of the recorded instrument shall be submitted to the Division of Planning and Design Services prior to obtaining a building permit. 5. The property owner/developer must obtain approval of a detailed plan for screening (buffering/landscaping) as described in Chapter 10 prior to requesting a building permit. Such plan shall be implemented prior to occupancy of the site and shall be maintained thereafter. 6. The materials and design of proposed structures shall be substantially the same as depicted in the rendering as presented at the May 1, 2017 Board of Zoning Adjustment public hearing, also includes landscaping as shown at the May 1, 2017 Board of Zoning Adjustment public hearing. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Howard, and Allendorf Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary May 1, 2017 Absent: 1- Bergmann A motion was made by Board Member Howard, seconded by Board Member Tharp, that Case Number 16CUP1083, Variance from 5.3.2.C.2.b to eliminate the 25' setback along the north property line where the site is adjacent to residential use, be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Howard, and Allendorf Absent: 1- Bergmann A motion was made by Board Member Howard, seconded by Board Member Tharp, that Case Number 16CUP1083, Waiver from 10.2.10 to eliminate the 10' VUA LBA along Bardstown Road, and Waiver from 10.2.4.B.3 to allow for over 50% overlap of an easement into a LBA along the east property line, be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Howard, and Allendorf Absent: 1- Bergmann 4. 17VARIANCE1018 Request: Variance from the required 25’ street side yard setback Project Name: 2001 Winston Ave Sun Porch Location: 2001 Winston Ave Owner: J Kent Gregory and Stephanie Gregory Applicant: Anne Del Prince - Del Prince Designs LLC Representative: Anne Del Prince Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Jarboe, seconded by Board Member Tharp, that Case Number 17VARIANCE1018, Variance from LDC Table 5.3.1 for a structure to encroach into the required street side yard, be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Howard, and Allendorf Absent: 1- Bergmann Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary May 1, 2017 5. 17VARIANCE1019 Request: Variance from the required 20% private yard area Project Name: 1915 Ivanhoe Court Addition and Garage Location: 1915 Ivanhoe Court Owner: Roger & Diana Jolly Applicant: Roger & Diana Jolly Representative: Roger & Diana Jolly 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 Jarboe, that Case Number 17VARIANCE1019, Variance from LDC Section 5.4.1.D.3 to allow a private yard area to be less than 20% of the area of the lot for a lot less than 6,000 square feet, be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Howard, and Allendorf Absent: 1- Bergmann 6. 17VARIANCE1020 Request: Variance from the required 20% private yard area Project Name: 1004 Camden Ave Addition Location: 1004 Camden Ave Owner: Mitchell Jackson Applicant: Jump Start Realty and Development Representative: Deondrea Robinson - Jump Start Realty & Dev. Jurisdiction: Louisville Metro Council District: 15 - Marianne Butler Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Jarboe, seconded by Board Member Howard, that Case Number 17VARIANCE1020, Variance from LDC Section 5.4.1.D.3 to allow a private yard area to be less than 20% of the area of the lot for a lot less than 6,000 square feet, be APPROVED, SUBJECT to the following Condition of Approval: Condition of Approval: 1. The applicant must follow MSD requirements for water flow and rain downspout gutter flow to the front of the property. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Howard, and Allendorf Absent: 1- Bergmann Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary May 1, 2017 7. 16DEVPLAN1218 Request: Two variances from LDC Section 5.5.1.A.2 to not build to the corner and two general waivers and a sidewalk waiver. Project Name: LMSML Studio Shop Location: 255 Cabel Street Owner: Steven Lund - SML Development Applicant: Steven Lund - SML Development Representative: Lindsey Stoughton - LMS Design Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Ross Allen, Planner I A motion was made by Board Member Jarboe, seconded by Board Member Howard, that Case Number 16DEVPLAN1218, Variance #1 from LDC Section 5.5.1.A.2 to allow the building to be constructed more than 5 ft. away from the right-of-way line along Adams Street, Variance #2 from LDC Section 5.5.1.A.2 to allow the building to be constructed more than 5 ft. away from the right-of-way line along Cabel Street, Waiver #1 from LDC Section 5.5.1.A.1.a to not provide the principal building entrance facing Adams or Cabel Street nor having an entrance located at the corner, Waiver #2 from LDC Section 5.8.1.B to not provide a sidewalk along Cabel Street for an approximate length of 178 feet, and Waiver #3 from LDC Section 5.9.2.A.1.b.i to not provide a pedestrian access from the public right-of-way through the off-street parking area to the building entrance, be APPROVED, SUBJECT to the following Conditions of Approval: Conditions of Approval: 1. A Deed of Consolidation for the two parcels shall be recorded and provided to Planning & Design Services Staff prior to construction approval. The motion carried by the following vote: Yes: 5- Fishman, Turner, Jarboe, Howard, and Allendorf Absent: 1- Bergmann Abstain: 1- Tharp Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary May 1, 2017 8. 17DEVPLAN1031 Request: Variance to allow parking/drive lane in the 25 foot front and rear setbacks and landscape waiver to decrease the required LBA along the front property from 10 foot to 4 foot. Project Name: FMC Pleasure Ridge Park Location: 1715 Gagel Avenue Owner: Don B. Kupper - KUPCO, LLC. Applicant: Brett May - AGE Engineering Services Inc. Representative: Brett May - AGE Engineering Services Inc. Jurisdiction: Shively Council District: 3 - Mary C. Woolridge Case Manager: Ross Allen, Planner I A motion was made by Board Member Fishman, seconded by Board Member Tharp, that Case Number 17DEVPLAN1031, Variance from LDC (Shively LDC 2006) Section 5.3.2.C.2 to allow parking and maneuvering area in the 25 foot front setback for approximately 150 feet in length along Gagel Avenue, Variance from LDC (Shively LDC 2006) Section 5.3.2.C.2 to allow a drive lane in the 25 foot rear setback for approximately 133 feet in length along the rear property line, and Waiver from LDC (Shively LDC 2006) Section 10.2.9 to decrease the width of the 10 foot VUA Landscape Buffer Area to 4 feet in width along the Gagel Avenue frontage for approximately 91 feet, be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Howard, and Allendorf Absent: 1- Bergmann Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary May 1, 2017 9. 16CUP1038 Request: Conditional Use Permit to allow a proposed short term rental that is not the primary residence of the host in R-5 zoning district Project Name: Short Term Rental Location: 1938 Bonnycastle Avenue Owner: 1938 Bonnycastle Avenue Applicant: Andrew Noland Representative: Andrew Noland 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 Howard, that Case Number 16CUP1038, Conditional Use Permit to allow a short term rental in an R-5 zoning district that is not the primary residence of the host, be APPROVED, SUBJECT to the following Condition of Approval: Condition of Approval: 1. Prior to commencement of any short term rental on the subject property, the short term rental and host shall meet all additional provisions set forth in the Louisville Metro Code of Ordinances, including the requirements to register annually with Develop Louisville and to register with the Louisville Metro Revenue Commission. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Howard, and Allendorf Absent: 1- Bergmann Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary May 1, 2017 10. 17CUP1011 Request: Conditional Use Permit to allow short term rental of a dwelling unit in an R-1 zoning district not the primary residence of the host Project Name: Short Term Rental Location: 8204 Wolf Pen Branch Road Owner: Vivian Lee Gabbard Applicant: Vivian Lee Gabbard Representative: Vivian Lee Gabbard Jurisdiction: Louisville Metro Council District: 16 - Scott Reed Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Jarboe, seconded by Board Member Tharp, that Case Number 17CUP1011, Conditional Use Permit to allow a short term rental in a dwelling unit that is not the primary residence of the host in an R-1 Residential Single-Family zoning district, be APPROVED, SUBJECT to the following Condition of Approval: Condition of Approval: 1. Prior to commencement of any short term rental on the subject property, the short term rental and host shall meet all additional provisions set forth in the Louisville Metro Code of Ordinances, including the requirements to register annually with Develop Louisville and to register with the Louisville Metro Revenue Commission. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Howard, and Allendorf Absent: 1- Bergmann Adjournment Louisville Metro Government Page 8