Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, December 18, 2017 8:30 AM Old Jail Courtroom Call To Order Present: 7- Board Member Dwight Young, Board Member Betty Jarboe, Board Member Lester Turner Jr., Board Member Rosalind Fishman, Board Member Richard Buttorff, Board Member Lula Howard, and Chair Person Michael Allendorf Approval Of Minutes 1. BOZA_Minutes_12.04.17 Approval of the Minutes from the December 4, 2017 Board of Zoning Adjustment meeting. A motion was made by Board Member Howard, seconded by Board Member Fishman, that the Minutes from the December 4, 2017 Board of Zoning Adjustment meeting be APPROVED AS CORRECTED. The motion carried by the following vote: Yes: 6- Young, Turner, Fishman, Buttorff, Howard, and Allendorf Abstain: 1- Jarboe Business Session 2. 17VARIANCE1106 Request: Variance to allow a structure to encroach into the required side yard setback Project Name: 1415 Christy Avenue Addition Location: 1415 Christy Avenue Owner: STR Capital LLC Applicant: Gary Shearer Representative: Gary Shearer Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Joseph Haberman, AICP, Planning Manager A motion was made by Board Member Fishman, seconded by Board Member Howard, that Case Number 17VARIANCE1106, Variance from Land Development Code Section 5.1.10.F to allow a structure to encroach into the required side yard setback, be APPROVED. The motion carried by the following vote: Yes: 7- Young, Jarboe, Turner, Fishman, Buttorff, Howard, and Allendorf Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary December 18, 2017 3. 17VARIANCE1094 Request: Variance to allow a structure to encroach into the required side yard setbacks Project Name: 11705 Cedardale Road Location: 11705 Cedardale Road Owner: Eric Abell Applicant: Eric Abell Representative: Eric Abell Jurisdiction: Louisville Metro Council District: 11 - Kevin Kramer Case Manager: Beth Jones, Planner II A motion was made by Board Member Jarboe, seconded by Board Member Howard, that Case Number 17VARIANCE1094, Variance from Land Development Code for the City of Anchorage, Section 4.3.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: 7- Young, Jarboe, Turner, Fishman, Buttorff, Howard, and Allendorf Public Hearing 4. 17VARIANCE1098 Request: Variance to allow a structure to encroach into the required Moyle Hill Road street side yard setback Project Name: New garage Location: 2167 Millvale Road Owner: Benjamin A Coode & Sarah E Applicant: Benjamin A Coode Representative: Benjamin A Coode Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Stephen A. Lutz, AICP, Planning Coordinator A motion was made by Board Member Jarboe, seconded by Board Member Howard, that Case Number 17VARIANCE1098, Variance from Land Development Code Section 5.3.1.C.2 to allow a structure (garage) to encroach into the required Moyle Hill Road street side yard setback, be APPROVED. The motion carried by the following vote: Yes: 7- Young, Jarboe, Turner, Fishman, Buttorff, Howard, and Allendorf Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary December 18, 2017 5. 17VARIANCE1089 Request: Variance to allow a structure to encroach into the required side yard setback Project Name: 509 E Oak Street Renovation Location: 509 E Oak Street Owner: First Dime Properties LLC Applicant: Jason Weiss Representative: Jason Weiss 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 Turner, that Case Number 17VARIANCE1089, Variance from Land Development Code Section 5.1.10.F to allow a structure to encroach into the required side yard setback, be APPROVED. The motion carried by the following vote: Yes: 7- Young, Jarboe, Turner, Fishman, Buttorff, Howard, and Allendorf 6. 17VARIANCE1091 Request: Variance to allow a fence in the street side yard setback to exceed 48 inches in height, and variance to allow a private swimming pool to encroach into the street side yard setback Project Name: 6701 Santom Lane Fence & Pool Location: 6701 Santom Lane Owner: Robert & Susan Marshall Applicant: Robert Marshall Representative: Robert Marshall Jurisdiction: Louisville Metro Council District: 22 - Robin Engel Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Jarboe, seconded by Board Member Young, that Case Number 17VARIANCE1091, Variance from Land Development Code Section 4.4.3.A.1.a.i to allow a fence in the street side yard in the Neighborhood form district to exceed 48 inches in height, and Variance from Land Development Code Section 4.4.10.A to allow a private swimming pool to encroach into the required street side yard setback, be APPROVED. The motion carried by the following vote: Yes: 7- Young, Jarboe, Turner, Fishman, Buttorff, Howard, and Allendorf Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary December 18, 2017 7. 17VARIANCE1093 Request: Variance to allow a private yard area to be less than 30% of the area of a lot Project Name: 320 W Kenwood Way Garage Location: 320 W Kenwood Way Owner: Diane Moon Applicant: Kevin Hoskins Representative: Kevin Hoskins Jurisdiction: Louisville Metro Council District: 21 - Vacant Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Fishman, seconded by Board Member Turner, that Case Number 17VARIANCE1093, Variance from Land Development Code Section 5.4.1.D.2 to allow the private yard area on a lot greater than 6,000 square feet in area to be less than 30% of the area of the lot, be APPROVED. The motion carried by the following vote: Yes: 7- Young, Jarboe, Turner, Fishman, Buttorff, Howard, and Allendorf 8. 17VARIANCE1092 Request: Variance to allow a fence in the front yard setback to exceed 48 inches in height Project Name: 7700 Roswell Way Fence Location: 7700 Roswell Way Owner: Scott Spence Applicant: Scott Spence Representative: Scott Spence Jurisdiction: Louisville Metro Council District: 11 - Kevin Kramer Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Jarboe, seconded by Board Member Young, that Case Number 17VARIANCE1092, Variance from Land Development Code Section 4.4.3.A.1.a.i to allow a fence in the front yard in the Neighborhood form district to exceed 48 inches in height, be APPROVED. The motion carried by the following vote: Yes: 7- Young, Jarboe, Turner, Fishman, Buttorff, Howard, and Allendorf Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary December 18, 2017 9. 17DEVPLAN1197 Request: Review of a Category 3 Development Plan for the Beecher Terrace Lifelong Wellness Building - Phase I mixed-use in the Downtown Form District and having two setback variances and two waivers. Project Name: Beecher Terrace Senior Living Location: 320 Roy Wilkins Ave. Owner: Tim Barry - Louisville Metro Housing Authority Applicant: Tim Barry - Louisville Metro Housing Authority Representative: Missy Legel - Civil Design Inc. Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Ross Allen, Planner I A motion was made by Board Member Jarboe, seconded by Board Member Howard, that Case Number 17DEVPLAN1197, Category 3 Development Plan (plan dated 10/23/17) for the proposed mixed-use 4 story 111,357 sq. ft. of the Beecher Terrace Lifelong Wellness Building - Phase I as associated with the Vision Russell Transformation Plan, be APPROVED. The motion carried by the following vote: Yes: 7- Young, Jarboe, Turner, Fishman, Buttorff, Howard, and Allendorf A motion was made by Board Member Jarboe, seconded by Board Member Howard, that Case Number 17DEVPLAN1197, Variance #1 from Land Development Code Secton 5.2.1.C.2 to not provide/maintain a street wall, at least 3 stories in height, for the lengths of the lot frontage(s) as found along Liberty Street (proposed), South 10th Street, and Roy Wilkins Ave./9th Street; Variance #2 from Land Development Code Section 5.2.1.C.3 to allow the proposed building setback to exceed 15 feet as measured from the right of way along Fisk Court and South 10th Street; and Variance #3 from Land Development Code Section 5.2.1.C.6 to allow a corner lot within the Downtown Form District to not maintain a zero foot setback from the street wall for at least 50 feet from the intersection along each street, or the width of the lot, whichever is less, be APPROVED. The motion carried by the following vote: Yes: 7- Young, Jarboe, Turner, Fishman, Buttorff, Howard, and Allendorf A motion was made by Board Member Jarboe, seconded by Board Member Howard, that Case Number 17DEVPLAN1197, Waiver #1 from Land Development Code Section 5.5.1.B.1.a.ii to allow surface parking to not be located completely behind all principal structures as found along Fisk Court, and Waiver #2 from Land Development Code Section 5.8.1.C.1.b to not provide sidewalks at least 84 inches wide and not being constructed from the building facade to the face or the curb along Fisk Court (proposed) and Liberty Street (proposed), South 10th Street, and Roy Wilkins Ave./9th Street, be APPROVED. The motion carried by the following vote: Yes: 7- Young, Jarboe, Turner, Fishman, Buttorff, Howard, and Allendorf Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary December 18, 2017 10. 17DEVPLAN1199 Request: Category 3 Review for proposed conversion of an existing 34,422 sf. warehouse with fourth floor addition to have 25 residential dwelling units Project Name: East Kentucky Lofts Location: 938 East Kentucky Street and 913 East Saint Catherine St. Owner: John Gonder and Ruthanne Wolfe - Acme Lupine & Co. Applicant: Ryan Lykins - Private Developer Representative: Missy Legel - Civil Design Inc. Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Ross Allen, Planner I A motion was made by Board Member Jarboe, seconded by Board Member Howard, that Case Number 17DEVPLAN1199, Category 3 Review for proposed conversion of an existing 34,422 sq. ft. warehouse with fourth floor addition to have 25 residential dwelling units, be APPROVED. The motion carried by the following vote: Yes: 7- Young, Jarboe, Turner, Fishman, Buttorff, Howard, and Allendorf A motion was made by Board Member Jarboe, seconded by Board Member Howard, that Case Number 17DEVPLAN1199, Variance #1 from Land Development Code Section 5.2.2.C.2, Table 5.2.2 to allow a proposed fourth floor addition on an EZ-1 zoned parcel to exceed the maximum building height of 45 feet or three stories by approximately 20 feet; Variance #2 from Land Development Code Section 5.2.2.C.2, Table 5.2.2 to allow a proposed fourth floor addition on an EZ-1 zoned parcel to encroach 15 feet into the minimum front yard (along East Kentucky Street) setback; Variance #3 from Land Development Code Section 5.2.2.C.2, Table 5.2.2 to allow a proposed fourth floor addition on an EZ-1 zoned parcel to encroach 9.28 feet into the minimum side yard setback along the eastern property line and to allow the proposed parking to encroach 10 ft. into the western side yard setback; and Variance #4 from Land Development Code Section 5.2.2.C.2, Table 5.2.2 for an EZ-1 zoned parcel to allow two 9'x18' parking spaces and concrete ramp to encroach 15 feet into the minimum 15 foot rear yard setback adjacent to the 15' wide alley, be APPROVED. The motion carried by the following vote: Yes: 7- Young, Jarboe, Turner, Fishman, Buttorff, Howard, and Allendorf A motion was made by Board Member Jarboe, seconded by Board Member Howard, that Case Number 17DEVPLANN1199, Waiver from Land Development Code Section 10.2.10, Table 10.2.6 to not provide the required 5 foot VUA LBA along the rear of the EZ-1 zoned parcel adjacent to the 15' wide alley, be APPROVED. The motion carried by the following vote: Yes: 7- Young, Jarboe, Turner, Fishman, Buttorff, Howard, and Allendorf Adjournment Louisville Metro Government Page 6