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 21, 2017 8:30 AM Old Jail Courtroom Call To Order Present: 4- Board Member Rosalind Fishman, Board Member Lester Turner Jr., Board Member Lula Howard, and Chair Person Michael Allendorf Absent: 2- Board Member Betty Jarboe, and Board Member Dwight Young Approval Of Minutes 1. BOZA_Minutes_08.07.17 Approval of the Minutes from the August 7, 2017 Board of Zoning Adjustment meeting. A motion was made by Board Member Howard, seconded by Board Member Turner, that the Minutes from the August 7, 2017 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 2- Turner, and Allendorf Absent: 2- Jarboe, and Young Abstain: 2- Fishman, and Howard Business Session 2. 17CUP1046 Request: Modified Conditional Use Permit to allow the expansion of an assisted living facility in an R-4 zoning district Project Name: Glen Ridge Healthcare Campus Expansion Location: 6415 Calm River Way Owner: Trilogy Real Estate Kentucky Applicant: Trilogy Real Estate Kentucky Representative: Chris Schipper Jurisdiction: Louisville Metro Council District: 20 - Stuart Benson 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 17CUP1046, Modification of an approved Conditional Use Permit to allow the expansion of an assisted living facility in an R-4 Zoning District, be APPROVED. The motion carried by the following vote: Yes: 4- Fishman, Turner, Howard, and Allendorf Absent: 2- Jarboe, and Young Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary August 21, 2017 Public Hearing 3. 17DEVPLAN1088 Request: Cat-3 Development plan with Variance for infill setback standards and Waiver for LBA Project Name: 110 Weisser Ave Location: 110 Weisser Ave Owner: Tony Holland Applicant: Prime Design Build Representative: Ann Richard - LD&D Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Jay Luckett, Planner I A motion was made by Board Member Fishman, seconded by Board Member Howard, that Case Number 17DEVPLAN1088, Cat-3 Development plan with Variance for infill setback standards and Waiver for LBA, be CONTINUED to the September 11, 2017 Board of Zoning Adjustment meeting. The motion carried by the following vote: Yes: 4- Fishman, Turner, Howard, and Allendorf Absent: 2- Jarboe, and Young 4. 17VARIANCE1048 Request: Variance for parking expansion Project Name: Primrose School Location: 1151 Dorsey Lane Owner: Four Almonds, LLC Applicant: Four Almonds, LLC Representative: Bardenwerper, Talbott, & Roberts PLLC Jurisdiction: City of Lyndon Council District: 18 - Marilyn Parker Case Manager: Joel Dock, Planner II A motion was made by Board Member Howard, seconded by Board Member Turner, that Case Number 17VARIANCE1048, Variance from Land Development Code Section 5.3.5.C.3.c to encroach 13' into the required 20' rear yard setback, be APPROVED. The motion carried by the following vote: Yes: 4- Fishman, Turner, Howard, and Allendorf Absent: 2- Jarboe, and Young Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary August 21, 2017 5. 17VARIANCE1047 Request: Variance to allow a private yard area to be less than the required 30% of the lot area Project Name: 321 S Peterson Avenue Garage Location: 321 S Peterson Avenue Owner: Benjamin & Amanda Brainard Applicant: Benjamin Brainard Representative: Benjamin Brainard Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Turner, seconded by Board Member Howard, that Case Number 17VARIANCE1047, Variance from Land Development Code Section 5.4.1.D.2 to allow a private yard area in the Traditional Neighborhood Form District to be less than the required 30% of the area of the lot, be APPROVED. The motion carried by the following vote: Yes: 4- Fishman, Turner, Howard, and Allendorf Absent: 2- Jarboe, and Young 6. 17VARIANCE1042 Request: Variance to allow a structure to encroach into the required side yard setback Project Name: 3826 Staebler Avenue Garage Location: 3826 Staebler Avenue Owner: Wayne & Theresa Hall Applicant: Wayne Hall Representative: Wayne Hall Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Howard, seconded by Board Member Fishman, that Case Number 17VARIANCE1042, Variance from City of St. Matthews Development Code Section 4.7.C.2.b to allow a structure to encroach into the required side yard setback, be APPROVED. The motion carried by the following vote: Yes: 4- Fishman, Turner, Howard, and Allendorf Absent: 2- Jarboe, and Young Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary August 21, 2017 7. 17VARIANCE1041 Request: Variance to allow a structure to encroach into the required rear setback Project Name: 9509 Chadbourn Court Garage Location: 9509 Chadbourn Court Owner: Noreem Properties LLC Applicant: Bluegrass Garage Builders Representative: Joe Willis Jurisdiction: Louisville Metro Council District: 7 - Angela Leet Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Fishman, seconded by Board Member Howard, that Case Number 17VARIANCE1041, Variance from Land Development Code Section 5.4.2.C.3.a to allow a structure to encroach into the required 5 foot rear setback, be APPROVED. The motion carried by the following vote: Yes: 4- Fishman, Turner, Howard, and Allendorf Absent: 2- Jarboe, and Young Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary August 21, 2017 8. 17CUP1050 Request: Modify CUP boundary to accommodate enlarged detention basin Project Name: Holy Trinity Catholic Church Location: 423 Cherrywood Rd Owner: Roman Catholic Church of Louisville Applicant: Bruce Hines Representative: Blomquist Design Group LLC Jurisdiction: St. Matthews Council District: 7 - Angela Leet Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Fishman, seconded by Board Member Howard, that Case Number 17CUP1050, Modification of a Conditional Use Permit for a minor earth fill to accommodate the enlargement/relocation of an existing detention basin, 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. 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 one year of the BOZA vote on this case. If the Conditional Use Permit is not so exercised, the proposed development shall not proceed without further BOZA review and approval. 3. All development shall be implemented in strict accordance with the existing landscaping plan as approved by the Board of Zoning Adjustment (BOZA) at its January 22, 2002 meeting (Docket No. B-257-01). 4. The applicant shall accommodate the neighbors' concerns to the extent possible in the final design of the walking path. The motion carried by the following vote: Yes: 3- Fishman, Howard, and Allendorf No: 1- Turner Absent: 2- Jarboe, and Young Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary August 21, 2017 9. 17CUP1020 Request: CUP for Private Proprietary Club and approval of Development Plan Project Name: Factory Lane Location: 13501 & 13613 Factory Lane Owner: James Klemenz Applicant: STC Management Representative: Dinsmore & Shohl LLC Jurisdiction: Louisville Metro Council District: 17 - Glen Stuckel Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Fishman, seconded by Board Member Howard, that Case Number 17CUP1020, Conditional Use Permit for a Private Proprietary Club in an R-4 Zoning District (LDC 4.2.44) be APPROVED, SUBJECT to the following Conditions of Approval: Conditions of Approval: 1. All development shall be in accordance with the approved district development plan, including all notes thereon, and with all applicable sections of the Land Development Code (LDC). No further development shall occur on the site without prior review of and approval by the Board of Zoning Adjustment (BOZA). 2. The Conditional Use Permit shall be exercised as described in KRS 100.237 within two years of BOZA approval. If it is not so exercised, the site shall not be used for a Private Proprietary Club without further review and approval by BOZA. The motion carried by the following vote: Yes: 4- Fishman, Turner, Howard, and Allendorf Absent: 2- Jarboe, and Young Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary August 21, 2017 10. 17CUP1040 Request: Conditional Use Permit to allow a short term rental that is not the primary residence of the host in an R-5A zoning district Project Name: Short Term Rental Location: 2018 Bonnycastle Avenue Owner: Janna Flowers Applicant: Shelley Cohn Representative: Shelley Cohn Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Howard, seconded by Board Member Turner, that Case Number 17CUP1040, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the owner in an R-5 Residential Multi-Family Zoning District, be APPROVED, SUBJECT to the following Condition of Approval: 1. Prior to commencement of any short term rental on the subject property, the host shall register the short term rental with Develop Louisville and shall establish an account with the Louisville Metro Revenue Commission. The short term rental and host shall meet all additional provisions set forth in the Louisville Metro Code of Ordinances. The motion carried by the following vote: Yes: 4- Fishman, Turner, Howard, and Allendorf Absent: 2- Jarboe, and Young Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary August 21, 2017 11. 17CUP1042 Request: Conditional Use Permit to allow off-street parking in an R-5 zoning district Project Name: None Location: 4211 Poplar Level Road Owner: Patricia Redman Smith and Robert L. Redman Applicant: Aaron Watkins and Joanna Morse Representative: William Bardenwerper Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Howard, seconded by Board Member Turner, that Case Number 17CUP1042, Conditional Use Permit to allow off-street parking in an R-5 Zoning District, 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 off-street parking without further review and approval by the Board. The motion carried by the following vote: Yes: 4- Fishman, Turner, Howard, and Allendorf Absent: 2- Jarboe, and Young A motion was made by Board Member Howard, seconded by Board Member Turner, that Case Number 17CUP1042, Waivers to reduce the required landscape buffer area along the perimeter of the site, be APPROVED. The motion carried by the following vote: Yes: 4- Fishman, Turner, Howard, and Allendorf Absent: 2- Jarboe, and Young Louisville Metro Government Page 8 Board of Zoning Adjustment Action Summary August 21, 2017 12. 14CUP1046 Request: Conditional Use Permit to allow athletic fields in an R-4 zoning district Project Name: Horizon Sports Complex Location: 8820 West Manslick Road and 8702 Peeble Lane Owner: Valley View Baptist Church Applicant: Valley View Baptist Church Representative: Mark Madison Jurisdiction: Louisville Metro Council District: 14 - Cindi Fowler Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Fishman, seconded by Board Member Turner, that Case Number 14CUP1046, Conditional Use Permit to allow an athletic facility in an R-4 Zoning District, 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 an athletic facility without further review and approval by the Board. 3. The gates will be locked and the lights will be turned off by 11:00 p.m. 4. The PA system is only for emergency announcements, not general announcements. The motion carried by the following vote: Yes: 4- Fishman, Turner, Howard, and Allendorf Absent: 2- Jarboe, and Young A motion was made by Board Member Fishman, seconded by Board Member Howard, that Case Number 14CUP1046, Waivers to reduce the required 25 feet landscape buffer area along the perimeter of the site, be APPROVED. The motion carried by the following vote: Yes: 4- Fishman, Turner, Howard, and Allendorf Absent: 2- Jarboe, and Young Adjournment Louisville Metro Government Page 9