Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, January 22, 2018 1:00 PM Old Jail Courtroom Call To Order Present: 7- Board Member Dwight Young, Board Member Richard Buttorff, Board Member Lester Turner Jr., Board Member Lula Howard, Board Member Betty Jarboe, Board Member Rosalind Fishman, and Chair Person Michael Allendorf Approval Of Minutes 1. BOZA_Minutes_01.09.18 Approval of the Minutes from the January 9, 2018 Board of Zoning Adjustment meeting. A motion was made by Board Member Fishman, seconded by Board Member Jarboe, that the Minutes from the January 9, 2018 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Jarboe, Fishman, and Allendorf Abstain: 1- Howard Business Session Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary January 22, 2018 2. 17CUP1104 Request: Modified Conditional Use Permit to allow a parking garage and hospital addition Project Name: Norton Brownsboro Hospital Location: 4960 Norton Healthcare Boulevard Owner: Norton Hospitals, Inc. Applicant: Norton Hospitals, Inc. Representative: Glenn Price Jurisdiction: Louisville Metro Council District: 16 - Scott Reed 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 17CUP1104, Modified Conditional Use Permit to allow a parking garage and hospital addition, 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 a hospital without further review and approval by the Board. The motion carried by the following vote: Yes: 7- Young, Buttorff, Turner, Howard, Jarboe, Fishman, and Allendorf Public Hearing Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary January 22, 2018 3. 17VARIANCE1079 Request: Variance to allow a building to exceed 45 feet in height in a form district transition zone and Variance to allow a structure to encroach into the required rear yard setback Project Name: Candlewood Suites Location: 11350 Maple Brook Drive Owner: Dream Hospitality Inc. & KPM Applicant: BTM Engineering Representative: Chris Brown Jurisdiction: Louisville Metro Council District: 17 - Glen Stuckel Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Jarboe, seconded by Board Member Buttorff, that Case Number 17VARIANCE1079, Variance from Land Development Code Section 5.7.1.B.1 to allow a building to exceed 45 feet in height in a form district transition zone, and Variance from Land Development Code Section 5.3.3.C.2.b to allow a structure to encroach into the required rear yard setback, be APPROVED. The motion carried by the following vote: Yes: 7- Young, Buttorff, Turner, Howard, Jarboe, Fishman, and Allendorf 4. 17VARIANCE1105 Request: Variance to allow a structure to encroach into the required street side yard setback Project Name: 3214 Dublin Lane Screened Porch Location: 3214 Dublin Lane Owner: Maureen Ranney Kirk 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 Turner, seconded by Board Member Jarboe, that Case Number 17VARIANCE1105, 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: 7- Young, Buttorff, Turner, Howard, Jarboe, Fishman, and Allendorf Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary January 22, 2018 5. 17VARIANCE1104 Request: Variance to allow a structure to encroach into the required side yard setback Project Name: 937 E Oak Street Addition Location: 937 E Oak Street Owner: Weiss & Smith Real Estate 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 Howard, seconded by Board Member Jarboe, that Case Number 17VARIANCE1104, 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, Buttorff, Turner, Howard, Jarboe, Fishman, and Allendorf 6. 17VARIANCE1101 Request: Variance to allow a screen room & deck to encroach into the required front yard setback Project Name: 4101 Brook Farm Place Screen Room & Deck Location: 4101 Brook Farm Place Owner: Jerry & Mary Ann Becker Applicant: Mike Hardin, Enterprise Home Improvements, LLC Representative: Mike Hardin, Enterprise Home Improvements, LLC Jurisdiction: Louisville Metro Council District: 11 - Kevin Kramerl Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Fishman, seconded by Board Member Howard, that Case Number 17VARIANCE1101, Variance from Land Development Code Table 5.3.1 to allow structures (screen room and deck) to encroach into the required Stony Brook Drive front yard setback, be APPROVED. The motion carried by the following vote: Yes: 7- Young, Buttorff, Turner, Howard, Jarboe, Fishman, and Allendorf Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary January 22, 2018 7. 17VARIANCE1107 Request: Variance to permit canopy and accessory structure to encroach into the required rear yard setback and associated waivers Project Name: Canopy/Accessory Structure Location: 4139 Bardstown Road Owner: Eli Thomas Applicant: Eli Thomas Representative: Land Design and Development Inc Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Turner, seconded by Board Member Young, that Case Number 17VARIANCE1107, Variance to permit a canopy addition to be located 10 ft. from the north property line adjoining a residential parcel (LDC 5.3.2.C.2.b), and Variance to permit an accessory structure to be located 10 ft. from the north property line adjoining a residential parcel (LDC 5.3.2.C.2.b), be APPROVED. The motion carried by the following vote: Yes: 7- Young, Buttorff, Turner, Howard, Jarboe, Fishman, and Allendorf A motion was made by Board Member Turner, seconded by Board Member Young, that Case Number 17VARIANCE1107, Waiver to reduce the width of the required LBA along the north property line from 25 ft. to 10 ft. (LDC 10.2), and Waiver to allow the accessory structure to be visible from Fairland Avenue (LDC 5.5.5.A.1), be APPROVED. The motion carried by the following vote: Yes: 7- Young, Buttorff, Turner, Howard, Jarboe, Fishman, and Allendorf 8. 17VARIANCE1100 Request: Variance to permit structure to encroach into the required side yard setback Project Name: Garage/Accessory Apartment Location: 1313 E. Washington Owner: Bruce McCann Applicant: Bruce McCann Representative: Bruce McCann Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Fishman, seconded by Board Member Buttorff, that Case Number 17VARIANCE1100, Variance to permit a structure to encroach into the required side yard setback along the east property line (LDC 5.4.1.E.5), be APPROVED. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Howard, Fishman, and Allendorf No: 1- Jarboe Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary January 22, 2018 9. 17CUP1098 Request: CUP for outdoor alcohol sales and consumption Project Name: Smyrna Parkway Plaza Location: 8607 Smyrna Parkway Owner: Smyrna Road Plaza II LLC Applicant: Smyrna Road Plaza II LLC Representative: Land Design and Development Inc Jurisdiction: Louisville Metro Council District: 23 - James Peden Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Jarboe, seconded by Board Member Fishman, that Case Number 17CUP1098, Conditional Use Permit for outdoor alcohol sales and consumption for a restaurant in the C-1 zoning district (LDC 4.2.41), 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 by KRS 100.237 within two years of BOZA approval. If it is not so exercised, the site shall not be used for outdoor alcohol sales and consumption for a restaurant in the C-1 zoning district without further review and approval by BOZA. The motion carried by the following vote: Yes: 7- Young, Buttorff, Turner, Howard, Jarboe, Fishman, and Allendorf Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary January 22, 2018 10. 17CUP1092 Request: CUP to permit a Rehabilitation Homes with associated relief and waiver Project Name: The Commitment House Location: 2129 W. Market Street Owner: LOP Properties LLC Applicant: Dennis Barnett Representative: Cardinal Planning & Design Inc. Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Jarboe, seconded by Board Member Young, that Case Number 17CUP1092, Conditional Use Permit for Rehabilitation Home (LDC 4.2.31) and Relief from Item C - Parking Standard (LDC 4.2.31.C), 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 by and approval of 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 Rehabilitation House without further review by and approval of the Board. The motion carried by the following vote: Yes: 7- Young, Buttorff, Turner, Howard, Jarboe, Fishman, and Allendorf A motion was made by Board Member Jarboe, seconded by Board Member Young, that Case Number 17CUP1092, Waiver of Landscape Buffer Area (LBA) requirements along eastern property line (LDC 10.2.4), be APPROVED. The motion carried by the following vote: Yes: 7- Young, Buttorff, Turner, Howard, Jarboe, Fishman, and Allendorf Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary January 22, 2018 11. 17CUP1085 Request: CUP to permit an off-street parking area with associated reliefs, waivers and variance Project Name: 4141 Bardstown Rd Location: 4141 Bardstown Rd Owner: 4141 Bardstown Rd LLC Applicant: 4141 Bardstown Rd LLC Representative: Bluestone Engineers 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 17CUP1085, Conditional Use Permit to allow an off-street parking area within an R-4 zoning district (LDC 4.2.39) and Relief from Item B (LDC 4.2.39.B) and Item C (LDC 4.2.39.C), 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 by KRS 100.237 within two years of BOZA approval. If it is not so exercised, the site shall not be used for a Community Service Facility without further review and approval by BOZA. 3. Proof of a completed karst survey must be submitted to PDS staff before issuance of any building permit. 4. No further development or outdoor storage of any kind is permitted within designated stream buffer. Currently existing outdoor storage located within the stream buffer must be discontinued. 5. Existing chain link fencing, including vinyl slats, must be maintained in good condition for as long as the fence remains in place. Any replacement fence constructed in the future must meet LDC requirements for fencing for screening purposes The motion carried by the following vote: Yes: 7- Young, Buttorff, Turner, Howard, Jarboe, Fishman, and Allendorf Louisville Metro Government Page 8 Board of Zoning Adjustment Action Summary January 22, 2018 A motion was made by Board Member Jarboe, seconded by Board Member Howard, that Case Number 17CUP1085, Waiver of the property perimeter landscape buffer area (LBA) requirements along the north property line in the R-4 portion of the site (LDC 10.2.4), Waiver of the vehicular use area landscape buffer area (VUA LBA) requirements along the north property line in the R-4 portion of the site (LDC 10.2.10), and Waiver of the vehicular use area (VUA) perimeter planting requirements along the north property line in the R-4 portion of the site (LDC 10.2.11), be APPROVED. The motion carried by the following vote: Yes: 7- Young, Buttorff, Turner, Howard, Jarboe, Fishman, and Allendorf A motion was made by Board Member Jarboe, seconded by Board Member Howard, that Case Number 17CUP1085, Variance to permit an addition to an existing building in a Suburban Marketplace Corridor form district to encroach into the 25 ft. minimum side setback required along a common boundary when a non-residential use abuts a residential zone (LDC 5.3.2.C.2.b), be APPROVED. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Howard, Jarboe, and Allendorf No: 1- Fishman Adjournment Louisville Metro Government Page 9