Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, August 7, 2017 8:30 AM Old Jail Courtroom Call To Order Present: 5- Board Member Lester Turner Jr., Board Member Betty Jarboe, Board Member Dwight Young, Board Member Lula Howard, and Chair Person Michael Allendorf Absent: 1- Board Member Rosalind Fishman Other Business 1. Votecast Training 06.01.2017 Votecast system training with Brian Davis Brian Davis, Planning & Design Manager, provided a brief training of the Votecast System for the Board Members. Approval Of Minutes 2. BOZA_Minutes_07.24.17 Approval of the Minutes from the July 24, 2017 Board of Zoning Adjustment meeting. A motion was made by Board Member Jarboe, seconded by Board Member Howard, that the Minutes from the July 24, 2017 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 3- Turner, Jarboe, and Young Absent: 2- Fishman, and Tharp Abstain: 2- Howard, and Allendorf Business Session 3. 16DEVPLAN1012 Request: Amended Category 3 Development Plan Project Name: Southeast Christian Church - Chapel in the Woods Location: 1407 Moser Rd. Owner: Southeast Christian Church of Jefferson County Applicant: John D. Campbell, Heritage Engineering, LLC Representative: John D. Campbell, Heritage Engineering, LLC Jurisdiction: Middletown Council District: 19 - Julie Denton Case Manager: Brian Mabry, Planning Supervisor A motion was made by Board Member Howard, seconded by Board Member Jarboe, that Case Number 16DEVPLAN1012, Amended Category 3 Development Plan, be APPROVED. The motion carried by the following vote: Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary August 7, 2017 Yes: 5- Turner, Jarboe, Young, Howard, and Allendorf Absent: 2- Fishman, and Tharp Public Hearing 4. 17APPEAL1002 Request: Appeal of an Administrative Approval of a Short Term Rental Project Name: Short Term Rental Appeal Location: 2211 Longest Ave. Owner: Jocelyn Gonzalez Applicant: Maureen Bearden & Maureen McCall Representative: N/A Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Brian Mabry, Planning Supervisor Brian Mabry, Planning & Design Supervisor, advised that Case Number 17APPEAL1002 had been cancelled and would not be rescheduled. Therefore, no vote or action was taken on this case. 5. 17VARIANCE1045 Request: Variance to allow a fence in a Traditional form district to exceed 42 inches in height in the street side yard Project Name: 1300 Cherokee Road Fence Location: 1300 Cherokee Road Owner: Nick & Kathy Ising Applicant: Nick Ising Representative: Nick Ising 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 Howard, that Case Number 17VARIANCE1045, Variance from LDC Section 4.4.3 to allow a fence in the street side yard in a Traditional Form District to exceed 42 inches in height, be APPROVED. The motion carried by the following vote: Yes: 5- Turner, Jarboe, Young, Howard, and Allendorf Absent: 2- Fishman, and Tharp Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary August 7, 2017 6. 17DEVPLAN1110 Request: Review of a Category 3 Development Plan for a proposed 38 +/- foot tall 29,700 sf. light industrial building with 145 parking spaces with two variances. Project Name: Advanced Business Solutions Location: 1829 Rear Payne Street and 115 Charlton Street Owner: John T. Dougherty - Charlton Company Inc. Applicant: Nikki Hamilton - RWSS Properties LLC. Representative: Kathy Linares - Mindel, Scott, and Associates Inc. Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Ross Allen, Planner I A motion was made by Board Member Jarboe, seconded by Board Member Howard, that Case Number 17DEVPLAN1110, Category 3 Development Plan, be APPROVED, SUBJECT to the following Condition of Approval: Condition of Approval: 1. A Certificate of Appropriateness will need to be approved prior to issuance of building permits per case no. 17COA1159 (Architectural Review Committee for the Clifton Historic Preservation District) for 17DEVPLAN1110. Shown under General Notes, #12, on 17DEVPLAN1110. The motion carried by the following vote: Yes: 5- Turner, Jarboe, Young, Howard, and Allendorf Absent: 2- Fishman, and Tharp A motion was made by Board Member Jarboe, seconded by Board Member Howard, that Case Number 17DEVPLAN1110, Variance from LDC Section 5.2.2.C.2, Table 5.2.2 (M-2 zoned parcel) to allow the proposed building to exceed the maximum front setback of 25 feet for a variance of approximately 60 feet, and Variance from LDC Section 5.2.2.C.2, Table 5.2.2 (M-2 zoned parcel) to allow the proposed building to encroach 10 feet into the minimum rear yard setback of 15 feet, be APPROVED. The motion carried by the following vote: Yes: 5- Turner, Jarboe, Young, Howard, and Allendorf Absent: 2- Fishman, and Tharp A motion was made by Board Member Jarboe, seconded by Board Member Howard, that Case Number 17DEVPLAN1110, Variance from LDC Section 5.5.1.A.3 to allow parking to be located in the front of the building within the Traditional Neighborhood Form District, be APPROVED. The motion carried by the following vote: Yes: 5- Turner, Jarboe, Young, Howard, and Allendorf Absent: 2- Fishman, and Tharp Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary August 7, 2017 7. 17DEVPLAN1093 Request: Detailed Development Plan with a sidewalk waiver Project Name: HOS Properties Location: 8727 Old Bardstown Rd Owner: HOS Properties, LLC Applicant: HOS Properties, LLC Representative: Ashley Bartley, QK4 Jurisdiction: Louisville Metro Council District: 22 - Robin Engel Case Manager: Jay Luckett, Planner I A motion was made by Board Member Howard, seconded by Board Member Jarboe, that Case Number 17DEVPLAN1093, Variance from LDC Table 5.3.2 to allow a commercial development to exceed the maximum 80 foot setback by 104 feet, be APPROVED. The motion carried by the following vote: Yes: 5- Turner, Jarboe, Young, Howard, and Allendorf Absent: 2- Fishman, and Tharp 8. 17VARIANCE1004 Request: Variance to reduce the required rear yard from 50 feet to 30 feet Project Name: 9903 Brownsboro Road Location: 9903 Brownsboro Road Owner: Commonwealth Bank & Trust Co Applicant: Commonwealth Bank & Trust Co Representative: Stites & Harbison, PLLC Jurisdiction: Louisville Metro Council District: 16 - Scott Reed Case Manager: Joel Dock, Planner II A motion was made by Board Member Jarboe, seconded by Board Member Howard, that Case Number 17VARIANCE1004, Variance from LDC Section 5.3.3.C.2.b to reduce the 50 foot rear yard setback to 30 feet, be APPROVED. The motion carried by the following vote: Yes: 4- Turner, Jarboe, Howard, and Allendorf Absent: 3- Fishman, Tharp, and Young Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary August 7, 2017 9. 17VARIANCE1044 Request: Variance to exceed the maximum setback along Dixie Highway Project Name: Passport Health and Wellness Campus Phase I Location: 1800, 1824, & 1912 W. Broadway Owner: Newbridge Development LLC, Sotsky Family LP & Klein Real Properties Applicant: University Healthcare Inc. Representative: Sabak Wilson and Lingo, Inc.; Wyatt Tarrant and Combs PLLC. Jurisdiction: Louisville Metro Council District: 4- Barbara Sexton Smith Case Manager: Julia Williams, RLA, AICP, Planning Supervisor A motion was made by Board Member Jarboe, seconded by Board Member Turner, that Case Number 17VARIANCE1044, Variance from 5.5.1.A.2 to exceed the maximum 5' setback along Dixie Highway as shown on the approved development plan (78' +/- minimum to a 117' +/- maximum from the current Dixie Highway ROW. 195' +/- minimum to a 286' +/- maximum from the future Dixie Highway ROW realignment) be APPROVED. The motion carried by the following vote: Yes: 5- Turner, Jarboe, Young, Howard, and Allendorf Absent: 2- Fishman, and Tharp Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary August 7, 2017 10. 17CUP1032 Request: Conditional Use Permit to allow off-street parking in an R-5 zoning district Project Name: Willis - Klein Parking Lot Expansion Location: 284 Ridgeway Avenue Owner: M. J. Klein, LLC Applicant: M. J. Klein, LLC Representative: William Bardenwerper Jurisdiction: St. Matthews Council District: 9 - Bill Hollander Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Howard, seconded by Board Member Young, that Case Number 17CUP1032, Conditional Use Permit to allow off-street parking in an R-5 zoning district, be APPROVED with modification to item C on Page 3 of the Staff Report as indicated, and 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 off-street parking without further review and approval by the Board. 3. The landscape buffer area along the rear property line shall be 10 feet in width. 4. The applicant shall submit a revised plan, which shall be approvable by Staff, indicating the omission of the fence. The motion carried by the following vote: Yes: 4- Turner, Young, Howard, and Allendorf No: 1- Jarboe Absent: 2- Fishman, and Tharp Adjournment Louisville Metro Government Page 6