Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, October 16, 2017 8:30 AM Old Jail Courtroom Call to Order Present: 4- Board Member Rosalind Fishman, Board Member Betty Jarboe, Board Member Lula Howard, and Chair Person Michael Allendorf Absent: 2- Board Member Lester Turner Jr., and Board Member Dwight Young Approval Of Minutes 1. BOZA_Minutes_10.02.17 Approval of the Minutes from the October 2, 2017 Board of Zoning Adjustment meeting. A motion was made by Board Member Fishman, seconded by Board Member Howard, that the Minutes from the October 2, 2017 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 4- Fishman, Jarboe, Howard, and Allendorf Absent: 2- Turner, and Young Business Session Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary October 16, 2017 2. 17CUP1082 Request: Modification of an approved Conditional Use Permit to allow a playground for a day care facility in an R-5 zoning district Project Name: Trinity House Volunteer Project Location: 4106 Greenwood Ave. Owner: Trinity House Child Care, Inc. Applicant: Scott Shaver Representative: Scott Shaver Jurisdiction: Louisville Metro Council District: 1 - Jessica Green Case Manager: Brian Mabry, AICP, Planning Supervisor A motion was made by Board Member Jarboe, seconded by Board Member Fishman, that Case Number 17CUP1082, Modification of an approved Conditional Use Permit to allow a playground for a day care facility in an R-5 zoning district, be APPROVED, SUBJECT to the existing 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 modification 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 day care center without further review and approval by the Board. 3. The maximum number of employees on any given shift shall be 4. 4. The maximum number of children on any given shift shall be 31. 5. The maximum number of clients shall be limited to 69. 6. The maximum number of staff shall be limited to 11. 7. The day care will operate 24 hours, 7 days a week and have the following shifts: 6:00 a.m. - 2:00 p.m., 2:00 p.m. - 10:00 p.m., and 10:00 p.m. - 6:00 a.m. 8. Reduce the required parking from 10 to 8. Also, the location of the parking will change. The motion carried by the following vote: Yes: 4- Fishman, Jarboe, Howard, and Allendorf Absent: 2- Turner, and Young Public Hearing Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary October 16, 2017 3. 17VARIANCE1059 Request: Variance to allow a structure to encroach into the required side yard setback Project Name: 1133 Everett Avenue Addition Location: 1133 Everett Avenue Owner: Matthew Hawkins Applicant: Matthew Hawkins Representative: Matthew Hawkins Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Fishman, seconded by Board Member Howard, that Case Number 17VARIANCE1059, Variance from Land Development Code Table 5.2.2 to allow a structure to encroach into the required side yard setback, be APPROVED. The motion carried by the following vote: Yes: 4- Fishman, Jarboe, Howard, and Allendorf Absent: 2- Turner, and Young 4. 17VARIANCE1039 Request: Variance to allow a structure to exceed maximum setback and corner lot setback standards in Traditional Neighborhood form district Project Name: Oscar’s Hardware Location: 1515 S Shelby St Owner: Paul Fussenegger Applicant: Patrick Miller Representative: Patrick Miller Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Jay luckett, Planner I A motion was made by Board Member Jarboe, seconded by Board Member Fishman, that Case Number 17VARIANCE1039, Variance from Land Development Code Table 5.2.2 to allow a structure to exceed the maximum front setback, be APPROVED. The motion carried by the following vote: Yes: 4- Fishman, Jarboe, Howard, and Allendorf Absent: 2- Turner, and Young A motion was made by Board Member Jarboe, seconded by Board Member Fishman, that Case Number 17VARIANCE1039, Variance from Land Development Code Section 5.5.1.A.2 to exceed the Traditional Form district corner lot setback standards (FRONT AND SIDE) be APPROVED. The motion carried by the following vote: Yes: 4- Fishman, Jarboe, Howard, and Allendorf Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary October 16, 2017 Absent: 2- Turner, and Young 5. 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 Howard, seconded by Board Member Fishman, that Case Number B-17987-12, Condition of Approval #2A which states "Codes and Regulations shall inspect the site after the seismographic analysis is complete and verify the applicant’s attempts to mitigate the noise to the adjacent neighbors by opening the garage doors only as needed during the hours of 7:00 pm and 7:00 am. The facts to be determined by Planning & Design Zoning Enforcement with the cooperation of Staff and Legal Counsel and report the findings to the Board of Zoning Adjustment on a two-month periodic basis for a period of six months", has been MET. The motion carried by the following vote: Yes: 4- Fishman, Jarboe, Howard, and Allendorf Absent: 2- Turner, and Young 6. 16CUP1001 Request: Aqua Code 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 Fishman, seconded by Board Member Howard, that Case Number 16CUP1001 be CONTINUED to the February 5, 2018 Board of Zoning Adjustment Public Hearing. The motion carried by the following vote: Yes: 4- Fishman, Jarboe, Howard, and Allendorf Absent: 2- Turner, and Young Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary October 16, 2017 7. 17CUP1016 Request: Conditional Use Permit to allow a short term rental in an R-5B zoning district Project Name: None Location: 1510 Highland Avenue Owner: Matthew Barber and William Barber Applicant: Alexandria Wallace Representative: Alexandria Wallace Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Fishman, seconded by Board Member Jarboe, that Case Number 17CUP1016, Conditional Use Permit to allow short term rental in an R-5B Zoning District that is not the primary residence of the host, 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: 4- Fishman, Jarboe, Howard, and Allendorf Absent: 2- Turner, and Young Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary October 16, 2017 8. 17CUP1017 Request: Conditional Use Permit to allow a short term rental in an UN zoning district Project Name: None Location: 1411 Christy Avenue Owner: Matthew Barber and William Barber Applicant: Alexandria Wallace Representative: Alexandria Wallace Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Fishman, seconded by Board Member Jarboe, that Case Number 17CUP1017, Conditional Use Permit to allow short term rental in an UN Zoning District that is not the prmiary residence of the host, 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: 3- Fishman, Jarboe, and Allendorf Absent: 2- Turner, and Young Abstain: 1- Howard Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary October 16, 2017 9. 17CUP1055 Request: Modified Conditional Use Permit and landscape waiver to allow an 84,000 square foot pari-mutuel wagering facility in an R-1 zoning district Project Name: Trackside Location: 4520 Poplar Level Road Owner: Churchill Downs, Inc. Applicant: Churchill Downs, Inc. Representative: William Bardenwerper Jurisdiction: Louisville Metro Council District: 21 - Dan Johnson 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 17CUP1055, Modification of an approved Conditional Use Permit to allow the construction of a pari-mutuel wagering building and related improvements, and Landscape Waiver to reduce the required landscape buffer area along the rear of the property adjacent to Evergreen Cemetery, 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 pari-mutuel wagering facility without further review and approval by the Board. The motion carried by the following vote: Yes: 4- Fishman, Jarboe, Howard, and Allendorf Absent: 2- Turner, and Young Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary October 16, 2017 10. 17VARIANCE1040 Request: Variance to allow a structure to exceed maximum permitted height Project Name: Office and Retail Center Location: 13905 Promenade Green Way Owner: Oreo 4 LLC Applicant: Shulte Design and Construction Representative: Jamie Lee Cox, Vice Cox & Townsend PLLC Jurisdiction: Louisville Metro Council District: 19 - Julie Denton Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Jarboe, seconded by Board Member Howard, that Case Number 17VARIANCE1040, Variance from LDC 5.3.1 (Table 5.3.2) to permit a building height of 45 ft., be APPROVED. The motion carried by the following vote: Yes: 4- Fishman, Jarboe, Howard, and Allendorf Absent: 2- Turner, and Young Louisville Metro Government Page 8 Board of Zoning Adjustment Action Summary October 16, 2017 11. 17CUP1059 Request: Conditional Use Permit for an Accessory Apartment Project Name: 15501 Floydsview Place Location: 15501 Floydsview Place Owner: Tom and Leslie Lovelace Applicant: Tom and Leslie Lovelace Representative: Tom and Leslie Lovelace Jurisdiction: Louisville Metro Council District: 19 - Julie Denton Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Jarboe, seconded by Board Member Fishman, that Case Number 17CUP1059, Conditional Use Permit for an Accessory Apartment (LDC 4.2.3), 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 an Accessory Apartment without further review and approval by BOZA. 3. A Certificate of Occupancy shall not be issued until such time as the following requirements are met: a. A separate onsite sewage disposal permit shall be obtained from the Department for Public Health and Wellness for a second sewage disposal system to service the accessory apartment, as there is not sufficient repair area available to replace the existing system (Permit #S97-46) to enable it to serve both residences. b. A note shall be added to the deed to ensure no further subdivision of the property until such time as sanitary sewer service becomes available. A copy of the amended deed shall be submitted to Develop Louisville. The motion carried by the following vote: Yes: 4- Fishman, Jarboe, Howard, and Allendorf Absent: 2- Turner, and Young Louisville Metro Government Page 9 Board of Zoning Adjustment Action Summary October 16, 2017 12. 17CUP1057 Request: Conditional Use Permit to allow a short term rental of a dwelling unit in the TNZD Project Name: Short-Term Rental Location: 1209 & 1211 S. 6th Street Owner: Joshua Adams Applicant: Joshua Adams Representative: Joshua Adams Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Fishman, seconded by Board Member Jarboe, that Case Number 17CUP1057, Conditional Use Permit to allow short term rental of two dwelling units in the 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. 3. The front porch at the dwelling unit at 1211 S. 6th Street shall not be used after 11:00pm. 4. The total number of persons, including guests and their visitors, at each dwelling unit shall not at any time exceed the number permitted as guests by LDC regulations. The motion carried by the following vote: Yes: 4- Fishman, Jarboe, Howard, and Allendorf Absent: 2- Turner, and Young Louisville Metro Government Page 10 Board of Zoning Adjustment Action Summary October 16, 2017 13. 17CUP1073 Request: Conditional Use Permit, variance, and landscape buffer area waiver for off-street parking in an R-4 zoning district Project Name: Vehicular Parking and Maneuvering Area Location: 9808 Brownsboro Rd. Owner: Northeast Christian Church of Jefferson County Applicant: Jon Baker, Wyatt, Tarrant & Combs, LLC Representative: Jon Baker, Wyatt, Tarrant & Combs, LLC Jurisdiction: Louisville Metro Council District: 17 - Glen Stuckel Case Manager: Brian Mabry, AICP, Planning Supervisor A motion was made by Board Member Jarboe, seconded by Board Member Howard, that Case Number 17CUP1073, Conditional Use Permit for off-street parking in an R-4 Zoning District, be APPROVED, NOTING the exception to Item #C on Page 3 of the Staff Report which states "the applicant is seeking a variance for the 50-foot side and rear setbacks required in the Regional Center form district where a nonresidential property abuts a residentially zoned property", 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. The motion carried by the following vote: Yes: 4- Fishman, Jarboe, Howard, and Allendorf Absent: 2- Turner, and Young A motion was made by Board Member Jarboe, seconded by Board Member Howard, that Case Number 17CUP1073, Variance from Section 5.3.3.C.2.b of the LDC to allow off-street parking to encroach into the required side and rear setbacks, and Waiver from Section 10.2.4 to allow off-street parking to encroach into the required Landscape Buffer Area along the perimeter of the site, be APPROVED. The motion carried by the following vote: Yes: 4- Fishman, Jarboe, Howard, and Allendorf Absent: 2- Turner, and Young Adjournment Louisville Metro Government Page 11