Board of Zoning Adjustment
Regular MeetingLouisville, KY · July 10, 2017
Minutes
Old Jail Auditorium
Louisville Metro Government 514 W. Liberty St.
Louisville, KY 40202
Action Summary
Board of Zoning Adjustment
Monday, July 10, 2017 8:30 AM Old Jail Courtroom
Call To Order
Present: 4- Board Member Rosalind Fishman, Board Member Betty Jarboe, Board Member
Dwight Young, and Chair Person Michael Allendorf
Absent: 3- Board Member Lester Turner Jr., Board Member Dean Tharp, and Board Member
Lula Howard
Approval Of Minutes
1. BOZA_Minutes_06.19.17
Approval of the Minutes from the June 19, 2017 Board of Zoning Adjustment meeting.
A motion was made by Board Member Fishman, seconded by Board Member
Young, that the Minutes from the June 19, 2017 Board of Zoning Adjustment
meeting be APPROVED. The motion carried by the following vote:
Yes: 4- Fishman, Jarboe, Young, and Allendorf
Absent: 3- Turner, Tharp, and Howard
Business Session
2. B-17987-12
Request: Conditions of Approval Report
Project Name: B-17987-12
Location: 7331 Global Drive
Owner: Yamamoto FB Engineering
Applicant: Yamamoto FB Engineering
Representative: Darryl Keels
Jurisdiction: Louisville Metro
Council District: 12 - Rick Blackwell
Case Manager: Steve Hendrix, Planning Supervisor
This agenda item provided update information only. Therefore, no vote or
action was taken.
Public Hearing
Louisville Metro Government Page 1
Board of Zoning Adjustment Action Summary July 10, 2017
3. 17VARIANCE1026
Request: Variance from the required 50’ street side yard setback and
variance from the required 65’ front yard setback
Project Name: 2005 Lakeland Road Garage and Additions
Location: 2005 Lakeland Road
Owner: Off Ice Flips
Applicant: Ludmila Dimitrov
Representative: Ludmila Dimitrov
Jurisdiction: Louisville Metro
Council District: 17 - Glen Stuckel
Case Manager: Dante St. Germain, Planner I
A motion was made by Board Member Jarboe, seconded by Board Member
Young, that Case Number 17VARIANCE1026, Variances from the required 50'
street side yard setback and from the required 65' front yard setback, be
APPROVED. The motion carried by the following vote:
Yes: 3- Jarboe, Young, and Allendorf
No: 1- Fishman
Absent: 3- Turner, Tharp, and Howard
4. 14CUP1003
Request: Minute Corrections & Status of two Conditions of Approval
Project Name: Cabel Street
Location: 151 & 201 Cabel Street
Owner: JBS USA, LLC & 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 Supervisor
A motion was made by Board Member Fishman, seconded by Board Member
Jarboe, that Case Number 14CUP1003, Item #1 of the Request regarding
Revision of Condition #18, and Item #3 of the Request regarding Condition #18
- TRU emissions, be deferred to the July 24, 2017 Board of Zoning Adjustment
meeting, due to technical difficulties related to the audio of the January 11,
2016 BOZA meeting. The motion carried by the following vote:
Yes: 4- Fishman, Jarboe, Young, and Allendorf
Absent: 3- Turner, Tharp, and Howard
A motion was made by Board Member Jarboe, seconded by Board Member
Fishman, that Case Number 14CUP1003, Item #2 of the Request regarding
Condition #3C - Landscaping, be continued to the July 24, 2017 Board of
Zoning Adjustment meeting. The motion carried by the following vote:
Yes: 4- Fishman, Jarboe, Young, and Allendorf
Absent: 3- Turner, Tharp, and Howard
Louisville Metro Government Page 2
Board of Zoning Adjustment Action Summary July 10, 2017
5. 16CUP1001
Request: AquaCode System Report
Project Name: 16CUP1001
Location: 1200 Story Avenue
Owner: JBS USA, LLC & 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 Supervisor
A motion was made by Board Member Jarboe, seconded by Board Member
Fishman, that the Board of Zoning Adjustment ACKNOWLEDGES the report
from the applicant regarding the AquaCode System, and that Case Number
16CUP1001 be CONTINUED to the October 16, 2017 Board of Zoning
Adjustment meeting. The motion carried by the following vote:
Yes: 4- Fishman, Jarboe, Young, and Allendorf
Absent: 3- Turner, Tharp, and Howard
6. 17VARIANCE1032
Request: Variance to allow attached signs in the C-2 zoning district to
exceed 25 feet in height
Project Name: Hilton Garden Inn
Location: 400 Sherburn Lane
Owner: St. Matthews Hotel Partner
Applicant: Matt Wilson - Chandler Signs
Representative: Matt Wilson
Jurisdiction: City of St. Matthews
Council District: 26 - Brent Ackerson
Case Manager: Dante St. Germain, Planner I
A motion was made by Board Member Fishman, seconded by Board Member
Jarboe, that Case Number 17VARIANCE1032, Variance to allow attached signs
in the C-2 zoning district to exceed 25 feet in height, be APPROVED. The
motion carried by the following vote:
Yes: 4- Fishman, Jarboe, Young, and Allendorf
Absent: 3- Turner, Tharp, and Howard
Louisville Metro Government Page 3
Board of Zoning Adjustment Action Summary July 10, 2017
7. 17VARIANCE1034
Request: Variance to allow an accessory use area to exceed 60’ in depth in
a Traditional form district
Project Name: 1216 Hull Street Garage
Location: 1216 Hull Street
Owner: Matthew Zajack
Applicant: Matthew Zajack
Representative: Matthew Zajack
Jurisdiction: Louisville Metro
Council District: 4 - Barbara Sexton Smith
Case Manager: Dante St. Germain, Planner I
A motion was made by Board Member Fishman, seconded by Board Member
Jarboe, that Case Number 17VARIANCE1034, Variance to allow an accessory
use area to exceed 60' in depth in a Traditional form district, be APPROVED.
The motion carried by the following vote:
Yes: 4- Fishman, Jarboe, Young, and Allendorf
Absent: 3- Turner, Tharp, and Howard
8. 17DEVPLAN1100
Request: Variance from the Land Development Code section 5.2.2.C.2,
table 5.2.2 to allow the proposed rear addition to encroach 3.3
feet into 5 foot required rear yard setback.
Project Name: St. John Center
Location: 700 East Muhammad Ali Blvd.
Owner: Maria Price - St. John Center Inc.
Applicant: Maria Price - St. John Center Inc.
Representative: Ashley Bartley - Qk4
Jurisdiction: Louisville Metro
Council District: 4 - Barbara Sexton Smith
Case Manager: Ross Allen, Planner I
A motion was made by Board Member Fishman, seconded by Board Member
Jarboe, that Case Number 17DEVPLAN1100, Variance from the Land
Development Code Section 5.2.2.C.2, Table 5.2.2 to allow the proposed rear
addition to encroach 3.3 feet into 5 foot required rear yard setback, be
APPROVED. The motion carried by the following vote:
Yes: 4- Fishman, Jarboe, Young, and Allendorf
Absent: 3- Turner, Tharp, and Howard
Louisville Metro Government Page 4
Board of Zoning Adjustment Action Summary July 10, 2017
9. 16CUP1080
Request: Conditional Use Permit to allow a short term rental that is not the
primary residence of the owner in an R-5B zoning district
Project Name: Short Term Rental
Location: 2216 Glenmary Ave.
Owner: Yong Cha
Applicant: Yong Cha
Representative: Yong Cha
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
Fishman, that Case Number 16CUP1080, Short Term Rental, be APPROVED.
The motion carried by the following vote:
Yes: 4- Fishman, Jarboe, Young, and Allendorf
Absent: 3- Turner, Tharp, and Howard
10. 17CUP1024
Request: Conditional Use Permit to allow mini-warehouses in a C-2 zoning
district
Project Name: None
Location: 4905 R Cooper Chapel Road
Owner: Charles Davis, Jr. and Renay Davis
Applicant: Jason Sams
Representative: Jason Sams
Jurisdiction: Louisville Metro
Council District: 24 - Madonna Flood
Case Manager: Jon E. Crumbie, Planning and Design Coordinator
A motion was made by Board Member Jarboe, seconded by Board Member
Young, that Case Number 17CUP1024, Conditional Use Permit to allow
mini-warehouses in a C-2 zoning district, be APPROVED. The motion carried
by the following vote:
Yes: 3- Fishman, Jarboe, and Young
Absent: 3- Turner, Tharp, and Howard
Abstain: 1- Allendorf
Louisville Metro Government Page 5
Board of Zoning Adjustment Action Summary July 10, 2017
11. 17CUP1028
Request: Conditional Use Permit to allow a commercial kennel (dog training
facility) in an M-1 zoning district.
Project Name: Competitive Edge Agility and Dog Sports
Location: 4600 Shepherdsville Road
Owner: Pinehurst Properties, LLP
Applicant: Competitive Edge Agility and Dog Sports, LLC
Representative: Chris Brown
Jurisdiction: Louisville Metro
Council District: 2 - Barbara Shanklin
Case Manager: Jon E. Crumbie, Planning and Design Coordinator
A motion was made by Board Member Jarboe, seconded by Board Member
Young, that Case Number 17CUP1028, Conditional Use Permit to allow a
commercial kennel in an M-1 zoning district, be APPROVED. The motion
carried by the following vote:
Yes: 3- Fishman, Jarboe, and Young
Absent: 3- Turner, Tharp, and Howard
Abstain: 1- Allendorf
12. 17CUP1031
Request: Conditional Use Permit to allow a short term rental that is not the
primary residence of the host in an R-5 zoning district
Project Name: Short Term Rental
Location: 1273 Farmdale Avenue
Owner: Luke Skeen
Applicant: Luke Skeen
Representative: Luke Skeen
Jurisdiction: Louisville Metro
Council District: 10 - Pat Mulvihill
Case Manager: Beth Jones, AICP, Planner II
A motion was made by Board Member Jarboe, seconded by Board Member
Young, that Case Number 17CUP1031, Short Term Rental, be APPROVED. The
motion carried by the following vote:
Yes: 4- Fishman, Jarboe, Young, and Allendorf
Absent: 3- Turner, Tharp, and Howard
Adjournment
Louisville Metro Government Page 6
Agenda
Old Jail Auditorium
Louisville Metro Government 514 W. Liberty St.
Louisville, KY 40202
Agenda
Board of Zoning Adjustment
Monday, July 10, 2017 8:30 AM Old Jail Courtroom
Call To Order
Approval Of Minutes
1. BOZA_Minutes_06.19.17
Approval of the Minutes from the June 19, 2017 Board of Zoning Adjustment meeting.
Attachments: BOZA_Minutes_06.19.17.pdf
Business Session
2. B-17987-12
Request: Conditions of Approval Report
Project Name: B-17987-12
Location: 7331 Global Drive
Owner: Yamamoto FB Engineering
Applicant: Yamamoto FB Engineering
Representative: Darryl Keels
Jurisdiction: Louisville Metro
Council District: 12 - Rick Blackwell
Case Manager: Steve Hendrix, Planning Supervisor
Attachments: July 10 2017 Memo.pdf
Public Hearing
Louisville Metro Government Page 1 Printed on 7/5/2017
Board of Zoning Adjustment Agenda July 10, 2017
3. 17VARIANCE1026
Request: Variance from the required 50’ street side yard setback and
variance from the required 65’ front yard setback
Project Name: 2005 Lakeland Road Garage and Additions
Location: 2005 Lakeland Road
Owner: Off Ice Flips
Applicant: Ludmila Dimitrov
Representative: Ludmila Dimitrov
Jurisdiction: Louisville Metro
Council District: 17 - Glen Stuckel
Case Manager: Dante St. Germain, Planner I
Attachments: 17VARIANCE1026_site plan_060617.pdf
17VARIANCE1026_Staff Pres 071017.ppt
17VARIANCE1026_Staff Report_BOZA 071017.pdf
17VARIANCE1026_applicant_justification.pdf
17VARIANCE1026_interested_party_comments.pdf
4. 14CUP1003
Request: Minute Corrections & Status of two Conditions of Approval
Project Name: Cabel Street
Location: 151 & 201 Cabel Street
Owner: JBS USA, LLC & 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 Supervisor
Attachments: January 11, 2016- Conditions.pdf
SKMBT_C55417070508320.pdf
SKMBT_C55417070508370.pdf
14CUP1003_Conditions, Staff Report, 07.10.2017.pdf
14CUP1003_Powerpoint_07.10.2017 - Copy.ppt
SKMBT_C55417070511170.pdf
Louisville Metro Government Page 2 Printed on 7/5/2017
Board of Zoning Adjustment Agenda July 10, 2017
5. 16CUP1001
Request: AquaCode System Report
Project Name: 16CUP1001
Location: 1200 Story Avenue
Owner: JBS USA, LLC & 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 Supervisor
Attachments: 16CUP1001_boza staff report-07.10.2017.pdf
16CUP1001_Powerpoint_07.10.2017 - Copy.ppt
6. 17VARIANCE1032
Request: Variance to allow attached signs in the C-2 zoning district to
exceed 25 feet in height
Project Name: Hilton Garden Inn
Location: 400 Sherburn Lane
Owner: St. Matthews Hotel Partner
Applicant: Matt Wilson - Chandler Signs
Representative: Matt Wilson
Jurisdiction: City of St. Matthews
Council District: 26 - Brent Ackerson
Case Manager: Dante St. Germain, Planner I
Attachments: 17VARIANCE1032_Staff Report_BOZA 071017.pdf
17VARIANCE1032_applicant_justifications.pdf
17VARIANCE1032_elevations_053117.pdf
17VARIANCE1032_Staff Pres.ppt
Louisville Metro Government Page 3 Printed on 7/5/2017
Board of Zoning Adjustment Agenda July 10, 2017
7. 17VARIANCE1034
Request: Variance to allow an accessory use area to exceed 60’ in
depth in a Traditional form district
Project Name: 1216 Hull Street Garage
Location: 1216 Hull Street
Owner: Matthew Zajack
Applicant: Matthew Zajack
Representative: Matthew Zajack
Jurisdiction: Louisville Metro
Council District: 4 - Barbara Sexton Smith
Case Manager: Dante St. Germain, Planner I
Attachments: 17VARIANCE1034_Staff Pres.ppt
17VARIANCE1034_Staff Report_BOZA 071017.pdf
17VARIANCE1034_applicant_justifications.pdf
17VARIANCE1034_site plan and elevation_062917.pdf
8. 17DEVPLAN1100
Request: Variance from the Land Development Code section
5.2.2.C.2, table 5.2.2 to allow the proposed rear addition to
encroach 3.3 feet into 5 foot required rear yard setback.
Project Name: St. John Center
Location: 700 East Muhammad Ali Blvd.
Owner: Maria Price - St. John Center Inc.
Applicant: Maria Price - St. John Center Inc.
Representative: Ashley Bartley - Qk4
Jurisdiction: Louisville Metro
Council District: 4 - Barbara Sexton Smith
Case Manager: Ross Allen, Planner I
Attachments: 17DEVPLAN1100Elevations_East Muhammad Ali Blvd_06082017.pdf
ParkingWaiverApplication_06082017.pdf
17DEVPLAN1100_Agency Comments_06292017.pdf
17DEVPLAN1100_LetterofIntent_06082017.pdf
17DEVPLAN1100_Site Images_06082017.pdf
17DEVPLAN1100_Variance Justification_06082017.pdf
17DEVPLAN1100_PrelimApprvd_06292017.pdf
17DEVPLAN1100_Rendering_700 EMuhammadAliBlvd 06292017.pdf
17DEVPLAN1100_Stff Pres_07052017 .ppt
17DEVPLAN1100 Stff Report_07052017.pdf
Louisville Metro Government Page 4 Printed on 7/5/2017
Board of Zoning Adjustment Agenda July 10, 2017
9. 16CUP1080
Request: Conditional Use Permit to allow a short term rental that is
not the primary residence of the owner in an R-5B zoning
district
Project Name: Short Term Rental
Location: 2216 Glenmary Ave.
Owner: Yong Cha
Applicant: Yong Cha
Representative: Yong Cha
Jurisdiction: Louisville Metro
Council District: 8 - Brandon Coan
Case Manager: Brian Mabry, AICP, Planning & Design Supervisor
Attachments: 16CUP1080_Neighborhood_Meeting.pdf
16CUP1080_Powerpoint_071017ppt.pdf
16CUP1080_Applicant_Provided_Photos.pdf
16CUP1080_BOZA_Staff Report.pdf
10. 17CUP1024
Request: Conditional Use Permit to allow mini-warehouses in a C-2
zoning district
Project Name: None
Location: 4905 R Cooper Chapel Road
Owner: Charles Davis, Jr. and Renay Davis
Applicant: Jason Sams
Representative: Jason Sams
Jurisdiction: Louisville Metro
Council District: 24 - Madonna Flood
Case Manager: Jon E. Crumbie, Planning and Design Coordinator
Attachments: 17CUP1024_Powerpoint_071017.ppt
17CUP1024_Site Plan.pdf
17CUP1024_ staff report_071017 - Copy.pdf
17CUP1024_Elevations.pdf
17CUP1024_Nieghborhood Meeting.pdf
Louisville Metro Government Page 5 Printed on 7/5/2017
Board of Zoning Adjustment Agenda July 10, 2017
11. 17CUP1028
Request: Conditional Use Permit to allow a commercial kennel (dog
training facility) in an M-1 zoning district.
Project Name: Competitive Edge Agility and Dog Sports
Location: 4600 Shepherdsville Road
Owner: Pinehurst Properties, LLP
Applicant: Competitive Edge Agility and Dog Sports, LLC
Representative: Chris Brown
Jurisdiction: Louisville Metro
Council District: 2 - Barbara Shanklin
Case Manager: Jon E. Crumbie, Planning and Design Coordinator
Attachments: 17CUP1028_Notice of Violation.pdf
17CUP1028_Powerpoint_071017.ppt
17CUP1028_Site Plan.pdf
17CUP1028_ Staff Report_071017 - Copy.pdf
17CUP1028_Applicant Justification.pdf
17CUP1028_Neighborhood Meeting.pdf
12. 17CUP1031
Request: Conditional Use Permit to allow a short term rental that is
not the primary residence of the host in an R-5 zoning
district
Project Name: Short Term Rental
Location: 1273 Farmdale Avenue
Owner: Luke Skeen
Applicant: Luke Skeen
Representative: Luke Skeen
Jurisdiction: Louisville Metro
Council District: 10 - Pat Mulvihill
Case Manager: Beth Jones, AICP, Planner II
Attachments: 17CUP1031_1273 Farmdale_BOZA Staff Rpt.pdf
17CUP1031_1273 Farmdale_Comment.msg
17CUP1031_1273 Farmdale_Nhood Mtg.pdf
17CUP1031_1273 Farmdale Ave_BOZA PP.ppt
Adjournment
Louisville Metro Government Page 6 Printed on 7/5/2017