Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, September 11, 2017 8:30 AM Old Jail Courtroom Call To Order Present: 6- Board Member Rosalind Fishman, Board Member Lester Turner Jr., Board Member Betty Jarboe, Board Member Dwight Young, Board Member Lula Howard, and Chair Person Michael Allendorf Approval Of Minutes 1. BOZA_Minutes_08.21.17 Approval of the Minutes from the August 21, 2017 Board of Zoning Adjustment meeting. A motion was made by Board Member Fishman, seconded by Board Member Howard, that the Minutes from the August 21, 2017 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 4- Fishman, Turner, Howard, and Allendorf Abstain: 2- Jarboe, and Young Business Session 2. 17MISC1060 Request: Future BOZA Meeting Dates Project Name: Future BOZA Meeting Dates Jurisdiction: Louisville Metro Case Manager: Brian Mabry, AICP, Planning & Design Supervisor A motion was made by Board Member Howard, seconded by Board Member Turner, that October 30, 2017 be CONFIRMED as a third meeting date for October. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Young, Howard, and Allendorf Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary September 11, 2017 3. B-17987-12 Request: Condition of Approval 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 A motion was made by Board Member Jarboe, seconded by Board Member Fishman, that Case Number B-17987-12 be CONTINUED to October 16, 2017 in order to hold a Public Hearing to review compliance with Condition 2a. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Young, Howard, and Allendorf Public Hearing 4. 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 Jarboe, seconded by Board Member Howard, that Case Number 17DEVPLAN1088, Variance from Land Development Code Section 5.1.12.A.2.a to reduce the infill front setback requirement from 25 feet to 5 feet be DENIED. The motion FAILED by the following vote: Yes: 3- Turner, Jarboe, and Howard No: 3- Fishman, Young, and Allendorf A motion was made by Board Member Howard, seconded by Board Member Jarboe, that Case Number 17DEVPLAN1088, Waiver from Land Development Code Section 10.2.4 to reduce the perimeter Landscape Buffer Area (LBA) from 15 feet to 10 feet along the south and west property lines, be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Young, Howard, and Allendorf Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary September 11, 2017 A motion was made by Board Member Fishman, seconded by Board Member Young, that Case Number 17DEVPLAN1088, Variance from Land Development Code Section 5.1.12.A.2.a to reduce the infill front setback requirement from 25 feet to 5 feet, be APPROVED. The motion FAILED by the following vote: Yes: 3- Fishman, Young, and Allendorf No: 3- Turner, Jarboe, and Howard A motion was made by Board Member Fishman, seconded by Board Member Howard, that Case Number 17DEVPLAN1088, Variance from Land Development Code Section 5.1.12.A.2.a to reduce the infill front setback requirement from 25 feet to 10 feet for a Variance of 15 feet, to include additional landscaping within the extra 5 feet (as MODIFIED at today's Public Hearing) be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Young, Howard, and Allendorf A motion was made by Board Member Howard, seconded by Board Member Jarboe, that Case Number 17DEVPLAN1088, Category 3 Development Plan for a 15 unit Multifamily apartment building on .432 acres in the C-1 Zoning District, noting a MODIFICATION during today's Public Hearing to the Variance Request for the infill front setback from 5 feet to 10 feet which will include additional landscaping, be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Young, Howard, and Allendorf 5. 17DEVPLAN1149 Request: Variance for building separation Project Name: Central Station Location: 3151 South Second Street Owner: Central Station LLC Applicant: Phillips Edison & Company Representative: Phillips Edison & Company Jurisdiction: Louisville Metro Council District: 15 - Marianne Butler Case Manager: Steve Hendrix, Planning Supervisor A motion was made by Board Member Fishman, seconded by Board Member Jarboe, that Case Number 17DEVPLAN1149, Variance from Land Development Code Section 5.3.4.D.4.b.iii to allow a reduction in the amount of building separation, be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Young, Howard, and Allendorf Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary September 11, 2017 6. 17VARIANCE1038 Request: Variances to allow a private yard area to be less than 30% of the lot and to allow an accessory structure/use area to exceed 60 feet in depth Project Name: 183 N Bellaire Avenue Garage Location: 183 N Bellaire Avenue Owner: Rachel Weiss & Rodney Bell Applicant: Christopher Eldridge Representative: Christopher Eldridge Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Jarboe, seconded by Board Member Fishman, that Case Number 17VARIANCE1038, Variance from Land Development Code Section 5.4.1.D.2 to allow a private yard area to be less than 30% of the area of the lot, and Variance from Land Devleopment Code Section 5.4.1.E.1 to allow an accessory structure/use area to exceed 60 feet in depth, be APPROVED, SUBJECT to the following Condition of Approval: Condition of Approval: 1. No restroom facilities shall be constructed within the accessory structure unless a Conditional Use Permit for an accessory apartment is approved by the Board of Zoning Adjustment, and all other applicable regulations are met. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Young, Howard, and Allendorf 7. 17VARIANCE1050 Request: Variances to allow an accessory structure to encroach into the rear and side setbacks Project Name: 2172 Emerson Avenue Garage Location: 2172 Emerson Avenue Owner: Karen Guilkey Applicant: Del Prince Designs LLC Representative: Anne Del Prince 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 Fishman, that Case Number 17VARIANCE1050, Variances from Land Development Code Section 5.4.2.C.3.a to allow an accessory structure to encroach into the required rear setback and to allow an accessory structure to encroach into the required side setback, be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Young, Howard, and Allendorf Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary September 11, 2017 8. 17VARIANCE1052 Request: Variance to allow a structure to encroach into the required street side yard setback Project Name: 2400 Top Hill Road Addition Location: 2400 Top Hill Road Owner: Karen H Wunderlin Trust Applicant: Mary Herd Jackson Representative: Mary Herd Jackson Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Fishman, seconded by Board Member Howard, that Case Number 17VARIANCE1052, Variance from Land Development Code Table 5.3.1 to allow a structure to encroach into the required street side yard setback, be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Young, Howard, and Allendorf 9. 17VARIANCE1051 Request: Variance to exceed maximum setback Project Name: Primrose School Location: 14801 Bush Farm Road Owner: Papa Oreo DS, LLC Applicant: Primrose School Franchising, Co. Representative: Land Design & Development, Inc. Jurisdiction: Louisville Metro Council District: 19 - Julie Denton Case Manager: Joel Dock, Planner II A motion was made by Board Member Jarboe, seconded by Board Member Howard, that Case Number 17VARIANCE1051, Variance from Land Development Code Table 5.3.1 to allow a structure to encroach into the required street side yard setback, be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Young, Howard, and Allendorf Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary September 11, 2017 10. 17DEVPLAN1150 Request: Modification of an existing Category 3 Development Plan for a proposed mixed-use YMCA as approved by BOZA on Sept. 21, 2015. Project Name: YMCA @ 1700 Broadway Location: 1700 West Broadway Owner: Steve Tarver - YMCA Applicant: Steve Tarver - YMCA Representative: Brooks Benton - Luckett & Faley Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Ross Allen, Planner I A motion was made by Board Member Howard, seconded by Board Member Jarboe, that Case Number 17DEVPLAN1150, Modified Category 3 Development Plan for the proposed 2 story (38'8" tall) mixed-use YMCA containing Office Space/Healthcare Center/Bank having a combined gross floor area of 76,500 sf, be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Young, Howard, and Allendorf Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary September 11, 2017 11. 16CUP1065 Request: Conditional Use Permit to allow a short term rental in the Traditional Neighborhood Zoning District Project Name: Street Short Term Rental Location: 1325 S. Brook St. Owner: Jeff Ross Applicant: Jeff Ross Representative: Jeff Ross Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Brian Mabry, AICP, Planning & Design Supervisor A motion was made by Board Member Jarboe, seconded by Board Member Howard, that Case Number 16CUP1065, Conditional Use Permit to allow short term rental of a dwelling unit in the Old Louisville Traditional Neighborhood Zoning District (TNZD), be APPROVED, SUBJECT to the following Conditions of Approval: Conditions 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 with the Louisville Metro Revenue Commission. If the short term rental is not registered with Develop Louisville and with the Revenue Commission within 60 days of the approval of the minutes of this case, then the Conditional Use Permit shall be deemed null and void. 2. 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: 5- Turner, Jarboe, Young, Howard, and Allendorf Abstain: 1- Fishman Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary September 11, 2017 12. 17CUP1045 Request: Conditional Use Permit and landscape waiver to allow a medical facility (eye care surgery center) in an OR-3 zoning district Project Name: Bennett and Bloom Medical Office Building Location: 9200 Leesgate Road Owner: BFW Partnership of Kentucky Applicant: Leesgate Holdings, LLC Representative: Clifford Ashburner Jurisdiction: Hurstbourne Council District: 18 - Marilyn Parker Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Jarboe, seconded by Board Member Fishman, that Case Number 17CUP1045, Conditional Use Permit to allow a medical office building/eye care surgery center in an OR-3 Zoning District, and Landscape Waiver to reduce the required landscaping and buffering along the west property line, be APPROVED, noting a change to the Staff Report based upon the applicant's statement that the Waiver Request is 12 feet for a Waiver of 8 feet, 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 a medical office building/eye surgery center without further review and approval by the Board. 3. A revised site plan shall be submitted to staff showing the driveway will be reduced to 16 feet. 4. There shall be an addition to the Landscaping Plan that will include double rows of arborvitae per the applicant's statement at the September 11, 2017 Board of Zoning Adjustment hearing. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Young, Howard, and Allendorf Louisville Metro Government Page 8 Board of Zoning Adjustment Action Summary September 11, 2017 13. 17CUP1036 Request: Conditional Use Permit to allow a short term rental that is not the primary residence of the host in an R-5 zone Project Name: Short-Term Rental Location: 1924 Stevens Avenue Owner: Glitter Bourbon Berries LLC Applicant: Glitter Bourbon Berries LLC Representative: Glitter Bourbon Berries LLC Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Jarboe, seconded by Board Member Fishman, that Case Number 17CUP1036, 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 Single-Family Residential Zone, be APPROVED, noting a correction to the Staff Report (Page 2, #4C) maximum occupancy shall be 8 guests, and SUBJECT to the following Conditions of Approval: Conditions 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 with the Louisville Metro Revenue Commission. If the short term rental is not registered with Develop Louisville and with the Revenue Commission within 60 days of the approval of the minutes of this case, then the Conditional Use Permit shall be deemed null and void. 2. 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: 6- Fishman, Turner, Jarboe, Young, Howard, and Allendorf Louisville Metro Government Page 9 Board of Zoning Adjustment Action Summary September 11, 2017 14. 17CUP1037 Request: Conditional Use Permit to allow a short term rental that is not the primary residence of the host in an R-6 zone Project Name: Short-Term Rental Location: 1115 Highland Avenue Owner: Glitter Bourbon Berries LLC Applicant: Glitter Bourbon Berries LLC Representative: Glitter Bourbon Berries LLC Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Howard, seconded by Board Member Jarboe, that Case Number 17CUP1037, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the owner, be APPROVED, SUBJECT to the following Conditions of Approval: Conditions 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 with the Louisville Metro Revenue Commission. If the short term rental is not registered with Develop Louisville and with the Revenue Commission within 60 days of the approval of the minutes of this case, then the Conditional Use Permit shall be deemed null and void. 2. 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: 6- Fishman, Turner, Jarboe, Young, Howard, and Allendorf Louisville Metro Government Page 10 Board of Zoning Adjustment Action Summary September 11, 2017 15. 17CUP1053 Request: Conditional Use Permit to allow a short term rental that is not the primary residence of the host in an R-5 zone Project Name: Short-Term Rental Location: 1021 Reasor Avenue Owner: Matthew and Julie Gatewood Applicant: Matthew and Julie Gatewood Representative: Matthew and Julie Gatewood 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 Howard, that Case Number 17CUP1053, 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 Single-Family Residential Zone, be APPROVED, SUBJECT to the following Conditions of Approval: Conditions 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 with the Louisville Metro Revenue Commission. If the short term rental is not registered with Develop Louisville and with the Revenue Commission within 60 days of the approval of the minutes of this case, then the Conditional Use Permit shall be deemed null and void. 2. 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: 6- Fishman, Turner, Jarboe, Young, Howard, and Allendorf Louisville Metro Government Page 11 Board of Zoning Adjustment Action Summary September 11, 2017 16. 16CUP1063 Request: Conditional Use Permit to allow student housing in the Broadway sub-area of the SoBro PDD Project Name: 200 & 212 W. Broadway Location: 200 & 212 W. Broadway Owner: Second and Broadway, LLC Applicant: Luckett & Farley Development, LLC Representative: Luckett & Farley Architects, Engineers, and Construction Managers, LLC Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Brian Mabry, AICP, Planning & Design Supervisor A motion was made by Board Member Jarboe, seconded by Board Member Fishman, that Case Number 16CUP1063, Conditional Use Permit to allow Student Housing in the Broadway sub-area of the SoBro PDD, 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 student housing without further review and approval by the Board. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Young, Howard, and Allendorf DIRECTOR’S REPORT Emily Liu, Director, Planning & Design Services, advised the Board Members of the APA Conference on September 29, 2017. Ms. Liu stated she brought some brochures, and this would qualify for eight hours of training. Ms. Liu encouraged the Board Members to attend. Adjournment Louisville Metro Government Page 12