Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, April 30, 2018 1:00 PM Old Jail Courtroom Call To Order Present: 6- Board Member Dwight Young, Board Member Richard Buttorff, Board Member Lester Turner Jr., Board Member Lula Howard, Board Member Kim Leanhart, and Board Member Rosalind Fishman Absent: 1- Chair Person Michael Allendorf Approval Of Minutes 1. BOZA_Minutes_04.16.18 Approval of the Minutes from the April 16, 2018 Board of Zoning Adjustment meeting. A motion was made by Board Member Turner, seconded by Board Member Young, that the Minutes from the April 16, 2018 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 4- Young, Buttorff, Turner, and Fishman Absent: 1- Allendorf Abstain: 2- Howard, and Leanhart Business Session Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary April 30, 2018 2. 18CUP1011 Request: Modification of a Conditional Use Permit for a private proprietary club in an R-4 zoning district Project Name: Hazelnut Farm Location: 814 Eastwood Fisherville Rd Owner: Ranjit Brar Applicant: Ranjit Brar Representative: Bardenwerper Talbott & Roberts PLLC Jurisdiction: Louisville Metro Council District: 19 - Julie Denton Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Young, seconded by Board Member Howard, that Case Number 18CUP1011, Modification of Conditional Use Permit for private proprietary club in an R-4 zoning district (LDC 4.2.44) to change configuration of previously approved parking lot expansion, 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 Modified 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 Private Proprietary Club without further review by and approval of the Board. 3. Louisville Metro Department of Public Health & Wellness requires completion of an on-site evaluation to determine if a suitable on-site sewer system can be installed. The applicant is required to submit detailed floor plans including bathrooms, kitchens, maximum capacity and seating, both indoor and outdoor, as part of this evaluation process. The applicants understand that they proceed further with the modifications proposed herein at their own risk. Furthermore, should these CUP modifications be approved by BOZA at this hearing, until and unless the applicant can fulfill any and all Louisville Metro Department of Public Health & Wellness requirements regarding an on-site sewer system, the project as modified may not proceed. 4. The applicant will be required to submit a revised plan document clarifying the details regarding proposed additions to the event building to bring them into agreement with the content as correctly stated in the staff report. These revisions must be approved by staff before plan is submitted for Construction Review. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Howard, Leanhart, and Fishman Absent: 1- Allendorf Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary April 30, 2018 Public Hearing 3. 17DEVPLAN1241 Request: Variance to allow encroachment into a protected waterway buffer, a Variance to allow encroachment into the front setback, and a Waiver related to the screening of the subject site from R-5 zoned properties Project Name: 2905 Fern Valley Road Location: 2905 Fern Valley Road Owner: Samir Shah - KAC Enterprises Inc. Applicant: Mike S. Evans - PE, PLS Representative: Bardenwerper Talbott & Roberts PLLC Jurisdiction: Louisville Metro Council District: 21 - Vitalis Lanshima Case Manager: Ross Allen, Planner I A motion was made by Board Member Howard, seconded by Board Member Young, that Case Number 17DEVPLAN1241, Variance from LDC 5.3.4.D.3.a to allow encroachment of the covered area for the existing canopy to encroach into the 25 ft. front setback by approximately 4 feet along the Fern Valley Road and being a public easement for newly dedicated right of way as shown on the Category 2B development plan as tract #1, be APPROVED. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Howard, Leanhart, and Fishman Absent: 1- Allendorf A motion was made by Board Member Howard, seconded by Board Member Young, that Case Number 17DEVPLAN1241, Variance #2 from LDC 4.8.3.D/4.8.4 to allow the proposed 4 story hotel, existing hotel on tract #2, and VUA to encroach into the middle and outer Type B protected waterway buffer zones by approximately 75 feet with a total area of the encroachment of the impervious surface being approximately 34,336 sq. ft. (exluding the existing two story hotel on proposed tract #2) for proposed tracts #2 and #3, be APPROVED. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Howard, Leanhart, and Fishman Absent: 1- Allendorf Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary April 30, 2018 A motion was made by Board Member Howard, seconded by Board Member Young, that Case Number 17DEVPLAN1241, Waiver from LDC 10.2.4.A to not provide a 35 ft. LBA with 1.5 planting density requirement with an 8 foot screen along the northern property line for a length of 1,138.5 ft. as facing R-5 zoned parcels in a Neighborhood Form District for proposed tracts #2 and #3, be APPROVED, SUBJECT to the following Conditions of Approval: Conditions of Approval: 1. Planting shall be provided along the north property line that will block lighting from any vehicles. 2. Security lighting and other lighting shall be controlled such that there will be zero foot candles along the north property line. 3. A cross access and parking agreement will need to be reviewed by Planning Commission Legal Counsel and recorded prior to the issuance of building permits for proposed tracts 1, tract 2, and tract 3 as shown on the development plan dated Feb. 7, 2018 at the submission of a minor subdivision plat. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Howard, Leanhart, and Fishman Absent: 1- Allendorf 4. 17DEVPLAN1180 Request: Variance to allow a structure to exceed the corner lot requirement setback, five Waivers related to design requirements, and three Waivers related to landscaping Project Name: 1701 West Broadway Location: 1701 West Broadway Owner: Kheder Kutmah - Crystal Clean Car Wash Inc. Applicant: Chris Schipper - Chris Schipper Engineering Representative: Chris Schipper - Chris Schipper Engineering 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 Buttorff, that Case Number 17DEVPLAN1180, Variance from LDC 5.5.1.A.2 (2017a) to allow the proposed 1,610 sf. 2-story structure to be constructed more than 5 feet from the right-of-way line along West Broadway (Primary Street frontage) and South 17th Street (Secondary Street frontage) be APPROVED. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Howard, Leanhart, and Fishman Absent: 1- Allendorf Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary April 30, 2018 A motion was made by Board Member Howard, seconded by Board Member Young, that Case Number 17DEVPLAN1180, Waiver #1 from LDC 5.5.1.A.1.a and b (2017a) to not provide a principal building entrance facing the primary street (West Broadway) or a corner entrance, Waiver #2 from LDC 5.5.1.A.3.a (2017a) to allow an existing vehicular use area/parking to be located to the front (West Broadway and South 17th Street) of the proposed 2-story 1,610 sf. primary structure and to not provide the 3 foot masonry, stone, or concrete wall along South 17th Street, Waiver #3 from LDC 5.5.1.A.3.b (2017a) to not provide vehicular and parking access to the site from Esquire Alley, Waiver #4 from LDC 5.5.1.A.3.d (2017a) to not provide vehicular and pedestrian connections/access between the subject site and the Marathon gas station found directly adjacent to the west, Waiver #5 from LDC 5.9.2.A.1.b.i to not provide a clearly defined safe pedestrian access from the adjacent public right of way along West Broadway through the off-street parking area to a non-residential building entrance, neither the existing car wash nor the proposed 2-story 1,610 sf. retail/laundry mat, Waiver #6 from LDC 10.2.4, Table 10.2.3 to not provide at minimum a 15 ft. LBA with 1.5 planting density multiplier with 3 Large (Type A) or Medium (Type B) trees with an 8 ft. screen along the rear property line as parallel to Esquire Alley adjacent to the R-6 zoned residential dwellings in a Traditional Neighborhood Form District, Waiver #7 from LDC 10.2.10/10.2.11 to reduce the required 5 ft. VUA LBA along South 17th Street to 4 ft. and not provide the required 5 ft. VUA LBA along the West Broadway frontage for an approximate distance of 129 ft. and to not provide the required 3 ft. continuous screen along West Broadway, and Waiver #8 from LDC 10.2.12 to not provide the required 5% ILA requirement and as mitigation to provide a 898 sf. 12 ft. x 75 ft. landscaped area interior to the rear property line/5 ft. VUA LBA along Esquire Alley and interior to the 4 ft. VUA LBA along South 17th Street, north of the proposed 5 ft. sidewalk leading to the primary entrance, be APPROVED. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Howard, Leanhart, and Fishman Absent: 1- Allendorf 5. 18DEVPLAN1002 Request: Variance to allow the structure to encroach within the rear setback and a Waiver to not provide a pedestrian access from the structure to the public sidewalk and two Waivers related to landscaping Project Name: 3255 Bardstown Road Location: Cat 2B 3255 Bardstown Road Owner: Drew Zazofsky -Thorntons Inc. Applicant: Prateek Gupta - Realcraft Property Solutions LLC. Representative: Michael Hill - Land Design and Development Inc. Jurisdiction: Louisville Metro Council District: 26 - Brent T. Ackerson Case Manager: Ross Allen, Planner I A motion was made by Board Member Leanhart, seconded by Board Member Howard, that Case Number 18DEVPLAN1002 be CONTINUED to the May 21, 2018 Board of Zoning Adjustment meeting. The motion carried by the following vote: Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary April 30, 2018 Yes: 6- Young, Buttorff, Turner, Howard, Leanhart, and Fishman Absent: 1- Allendorf 6. 18VARIANCE1020 Request: Variance to allow a driveway to be used for off street parking to exceed 20 feet in width Project Name: 420 Macon Avenue Driveway Location: 420 Macon Avenue Owner: David & Connie Dunn Applicant: David Dunn Representative: David Dunn Jurisdiction: City of St. Matthews Council District: 9 - Bill Hollander Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Young, seconded by Board Member Leanhart, that Case Number 18VARIANCE1020, Variance from City of St. Matthews Development Code Section 9.1.4 to allow a driveway to be used for off-street parking to exceed 20 feet in width, be APPROVED. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Howard, Leanhart, and Fishman Absent: 1- Allendorf 7. 18VARIANCE1028 Request: Variance to allow a private yard area to be less than the required 30% of the area of a lot Project Name: 842 Franklin Street Addition Location: 842 Franklin Street Owner: Kimberly Lesak Applicant: Christopher Eldridge - Eldridge Company Representative: Christopher Eldridge Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Young, seconded by Board Member Howard, that Case Number 18VARIANCE1028, Variance from Land Development Code Section 5.4.1.D.2 to allow a private yard area to be less than the required 30% of the area of a lot, be APPROVED. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Howard, Leanhart, and Fishman Absent: 1- Allendorf Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary April 30, 2018 8. 18VARIANCE1029 Request: Variance to allow a structure to encroach into the required side yard setback Project Name: 1606 S Shelby Street Addition Location: 1606 S Shelby Street Owner: Above & Beyond Real Estate LLC Applicant: Gordon Jett Representative: Gordon Jett Jurisdiction: Louisville Metro Council District: 15 - Marianne Butler Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Young, seconded by Board Member Buttorff, that Case Number 18VARIANCE1029, Variance from Land Development Code Table 5.2.2 to allow a structure to encroach into the required side yard setback, be APPROVED, SUBJECT to the following Condition of Approval: Condition of Approval: 1. The window shown on the elevation shall be removed and not be facing 1604 South Shelby Street. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Howard, Leanhart, and Fishman Absent: 1- Allendorf Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary April 30, 2018 9. 18VARIANCE1030 Request: Variance to allow a fence to exceed 4 feet in height in the front yard of a double-frontage lot Project Name: 2330 Brookside Drive Fence Location: 2330 Brookside Drive Owner: Robert Wainwright Applicant: Robert Wainwright Representative: Robert Wainwright Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Young, seconded by Board Member Turner, that Case Number 18VARIANCE1030, Variance from Land Development Code Section 4.4.3.A.1.a.i to allow a fence to exceed 4 feet in height in the front yard of a double-frontage lot, be APPROVED, SUBJECT to the following Condition of Approval: Condition of Approval: 1. The first fence panel (nearest Valletta Lane) shall be reduced to 4 feet, and the second fence panel shall be reduced to 5 feet. The motion carried by the following vote: Yes: 5- Young, Buttorff, Turner, Howard, and Leanhart No: 1- Fishman Absent: 1- Allendorf 10. 18VARIANCE1032 Request: Variance to allow a structure to encroach into the required side yard setback Project Name: 3936 Napanee Road Addition Location: 3936 Napanee Road Owner: Samuel & Katherine Gaunt Applicant: Charlie Williams Representative: Charlie Williams 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 Buttorff, that Case Number 18VARIANCE1032, Variance from Land Development Code Table 5.3.1 to allow a structure to encroach into the required side yard setback, be APPROVED. The motion carried by the following vote: NOTE: Board Member Young left at approximately 4:45 p.m. Louisville Metro Government Page 8 Board of Zoning Adjustment Action Summary April 30, 2018 Yes: 5- Buttorff, Turner, Howard, Leanhart, and Fishman Absent: 2- Young, and Allendorf 11. 18VARIANCE1037 Request: Variance to allow a proposed building to encroach into the 20’ side setback Project Name: Kentucky Derby Museum Location: 704 Central Avenue Owner: Kentucky Derby Museum Corporation Applicant: Kentucky Derby Museum Corporation Representative: Evans Griffin, Inc Jurisdiction: Louisville Metro Council District: 15 - Marianne Butler Case Manager: Joel Dock, Planner II A motion was made by Board Member Howard, seconded by Board Member Leanhart, that Case Number 18VARIANCE1037, Variance from Land Development Code Section 5.3.5.C.3 to allow for proposed building to encroach upon 20' side setback as shown on proposed development plan, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Turner, Howard, Leanhart, and Fishman Absent: 2- Young, and Allendorf Louisville Metro Government Page 9 Board of Zoning Adjustment Action Summary April 30, 2018 12. 17CUP1112 Request: Conditional Use Permit to allow outdoor alcohol sales and consumption in a C-1 zoning district Project Name: Morels Cafe Location: 619 Baxter Avenue Owner: SDT, LLC Applicant: Rani Newman Representative: Rani Newman 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 Howard, seconded by Board Member Turner, that Case Number 17CUP1112, Conditional Use Permit to allow outdoor alcohol sales and consumption in a C-1 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 outdoor alcohol sales and consumption without further review and approval by the Board. The motion carried by the following vote: Yes: 5- Buttorff, Turner, Howard, Leanhart, and Fishman Absent: 2- Young, and Allendorf 13. 17CUP1035 Request: Conditional Use Permit to allow outdoor alcohol sales and consumption in a C-1 zoning district Project Name: Hooked on Frankfort Location: 3202 Frankfort Avenue Owner: Sonyajean, Inc. Applicant: EC Design Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Leanhart, seconded by Board Member Howard, that Case Number 17CUP1035 be CONTINUED to the May 7, 2018 Board of Zoning Adjustment meeting. The motion carried by the following vote: Yes: 5- Buttorff, Turner, Howard, Leanhart, and Fishman Louisville Metro Government Page 10 Board of Zoning Adjustment Action Summary April 30, 2018 Absent: 2- Young, and Allendorf 14. 18CUP1001 Request: Conditional Use Permit to allow short term rental of a dwelling unit within a TNZD Project Name: Short Term Rental Location: 531 W. St. Catherine Street Owner: Charlton and Melissa Yingling Applicant: Charlton and Melissa Yingling Representative: Charlton and Melissa Yingling Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Howard, seconded by Board Member Buttorff, that Case Number 18CUP1001, Conditional Use Permit to allow short term rental of a dwelling unit in the TNZD (LDC 4.2.63) 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- Buttorff, Turner, Howard, Leanhart, and Fishman Absent: 2- Young, and Allendorf Louisville Metro Government Page 11 Board of Zoning Adjustment Action Summary April 30, 2018 15. 18CUP1013 Request: Conditional Use Permit to allow short term rental of a dwelling unit not the primary residence of the host Project Name: Short Term Rental Location: 3613 Lexington Road Owner: Faith Unlimited LLC Applicant: Dr. Dana O’Neil Representative: Dr. Dana O’Neil Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Howard, seconded by Board Member Leanhart, that Case Number 18CUP1013, Conditional Use Permit to allow short term rental of a dwelling unit not the primary residence of the host in accordance with LDC 4.2.63, 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- Buttorff, Turner, Howard, Leanhart, and Fishman Absent: 2- Young, and Allendorf Adjournment Louisville Metro Government Page 12