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Board of Zoning Adjustment

Regular Meeting

Louisville, KY · May 15, 2017

AgendaMinutes

Minutes

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, May 15, 2017 8:30 AM Old Jail Courtroom Call To Order Present: 4- Board Member Rosalind Fishman, Board Member Lester Turner Jr., Board Member Dean Tharp, and Chair Person Michael Allendorf Absent: 3- Board Member Betty Jarboe, Board Member Lula Howard, and Board Member Paul Bergmann Approval Of Minutes 1. BOZA_Minutes_05.01.17 Approval of the Minutes from the May 1, 2017 Board of Zoning Adjustment meeting. NOTE: Board Members Jarboe and Howard arrived AFTER voting on the Approval of Minutes. A motion was made by Board Member Tharp, seconded by Board Member Turner, that the Minutes from the May 1, 2017 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 4- Fishman, Turner, Tharp, and Allendorf Absent: 3- Jarboe, Howard, and Bergmann Public Hearing Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary May 15, 2017 2. 16CUP1072 Request: Modification of an existing Conditional Use Permit and landscape waivers to allow improvements to a nursing home located in an R- 6 zoning district Project Name: Essex Nursing and Rehabilitation Center Location: 9600 Lamborne Boulevard Owner: Hillco, Ltd. Applicant: CMW, Inc. Representative: Adam Bender-Saunders Jurisdiction: Louisville Metro Council District: 25 - David Yates Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Fishman, seconded by Board Member Howard, that Case Number 16CUP1072, Modified Conditional Use Permit to allow an addition to an existing nursing home and reconfigure the parking in the R-6 zoning district, be APPROVED, SUBJECT to the following Condition of Approval: Condition 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. 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 Fishman, seconded by Board Member Howard, that Case Number 16CUP1072, Waiver to allow the required landscape buffer area along the north and south property line to be reduced, 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 2 Board of Zoning Adjustment Action Summary May 15, 2017 3. 17VARIANCE1010 Request: Variances from the required 5’ side yard setbacks Project Name: 11018 Booker Road Location: 11018 Booker Road Owner: Commercial Management Group LLC Applicant: Commercial Management Group LLC Representative: Scott Howe Jurisdiction: Louisville Metro Council District: 19 - Julie Denton Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Jarboe, seconded by Board Member Tharp, that Case Number 17VARIANCE1010, Variances from Land Development Code Table 5.3.1 for a structure to encroach into the required side yards, be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Howard, and Allendorf Absent: 1- Bergmann 4. 17CUP1019 Request: Conditional Use Permit to allow short term rental of a single-family dwelling unit not the primary residence of the owner Project Name: Short Term Rental Location: 272 Saunders Avenue Owner: Lee Gutterman III Applicant: Lee Gutterman III Representative: Lee Gutterman III Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Jarboe, seconded by Board Member Tharp, that Case Number 17CUP1019, Conditional Use Permit to allow short term rental of a single-family dwelling unit that is not the primary residence of the owner, 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 requirement 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 3

Agenda

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Agenda Board of Zoning Adjustment Monday, May 15, 2017 8:30 AM Old Jail Courtroom Call To Order Approval Of Minutes 1. BOZA_Minutes_05.01.17 Approval of the Minutes from the May 1, 2017 Board of Zoning Adjustment meeting. Attachments: BOZA_Minutes_05.01.17.pdf Public Hearing 2. 16CUP1072 Request: Modification of an existing Conditional Use Permit and landscape waivers to allow improvements to a nursing home located in an R-6 zoning district Project Name: Essex Nursing and Rehabilitation Center Location: 9600 Lamborne Boulevard Owner: Hillco, Ltd. Applicant: CMW, Inc. Representative: Adam Bender-Saunders Jurisdiction: Louisville Metro Council District: 25 - David Yates Case Manager: Jon E. Crumbie, Planning and Design Coordinator Attachments: 16CUP1072_staff report_051517.pdf 16MINORPLAT1052_Approved Minor Plat.pdf B-150-77_App Minutes and staff report_051517.pdf B-150-77_App Site Plan_051517.pdf 16CUP1072_Elevations_Floor Plan.pdf 16CUP1072_neighborhood Metting Minutes_051517.pdf 16CUP1072_Powerpoint_051517.ppt 16CUP1072_Site Plan_051517.pdf Louisville Metro Government Page 1 Printed on 5/11/2017 Board of Zoning Adjustment Agenda May 15, 2017 3. 17VARIANCE1010 Request: Variances from the required 5’ side yard setbacks Project Name: 11018 Booker Road Location: 11018 Booker Road Owner: Commercial Management Group LLC Applicant: Commercial Management Group LLC Representative: Scott Howe Jurisdiction: Louisville Metro Council District: 19 - Julie Denton Case Manager: Dante St. Germain, Planner I Attachments: 17VARIANCE1010_Staff Pres.ppt 17VARIANCE1010_Staff Report_BOZA 051517.pdf 17VARIANCE1010_applicant_justification.pdf 17VARIANCE1010_elevation_030617.pdf 17VARIANCE1010_site_plan_030617.pdf 4. 17CUP1019 Request: Conditional Use Permit to allow short term rental of a single-family dwelling unit not the primary residence of the owner Project Name: Short Term Rental Location: 272 Saunders Avenue Owner: Lee Gutterman III Applicant: Lee Gutterman III Representative: Lee Gutterman III Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Beth Jones, AICP, Planner II Attachments: 17CUP1019_Neighborhood Mtg.pdf 17CUP1019_Staff Report_BOZA.pdf 17CUP1019_BOZA.ppt Adjournment Louisville Metro Government Page 2 Printed on 5/11/2017