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Board of Zoning Adjustment

Regular Meeting

Louisville, KY · July 10, 2017

AgendaMinutes

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