Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, May 7, 2018 1:00 PM Old Jail Courtroom Call To Order Present: 5- Board Member Richard Buttorff, Board Member Lester Turner Jr., Board Member Lula Howard, Board Member Kim Leanhart, and Board Member Rosalind Fishman Absent: 2- Board Member Dwight Young, and Chair Person Michael Allendorf Approval Of Minutes 1. BOZA_Minutes_04.30.18 Approval of the Minutes from the April 30, 2018 Board of Zoning Adjustment meeting. A motion was made by Board Member Buttorff, seconded by Board Member Howard, that the Minutes from the April 30, 2018 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Turner, Howard, Leanhart, and Fishman Absent: 2- Young, and Allendorf Public Hearing 2. 18VARIANCE1031 Request: Variances for freestanding sign height and size and for two entrance walls to exceed the maximum height; waiver for changing image sign Project Name: Derby City Gaming Location: 4520 Poplar Level Road Owner: Churchill Downs Incorporated Applicant: Churchill Downs Incorporated Representative: Mike Hill, Land Design & Development Inc. Jurisdiction: Louisville Metro Council District: 21-Vitlas Lanshima Case Manager: Steve Hendrix, Planning Coordinator A motion was made by Board Member Howard, seconded by Board Member Buttorff, that Case Number 18VARIANCE1031, Variance from Land Development Code 4.2.7.B to allow a proposed freestanding LED changing image sign to exceed the maximum height and area and Variance from Land Development Code 4.4.3.A.1.a.i to allow the entrance walls to be 10 feet at their highest point, 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 1 Board of Zoning Adjustment Action Summary May 7, 2018 A motion was made by Board Member Howard, seconded by Board Member Buttorff, that Case Number 18VARIANCE1031, Waiver from Land Development Code 8.2.1.D.4.b to allow the changing image sign to be 88.9% of the freestanding sign instead of 60%, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Turner, Howard, Leanhart, and Fishman Absent: 2- Young, and Allendorf 3. 18VARIANCE1034 Request: Variance to allow a fence in the street side yard setback to exceed 4 feet in height Project Name: 6647 Sylvania Road Fence Location: 6647 Sylvania Road Owner: Jesus Alverez Applicant: Jesus Alverez Jurisdiction: Louisville Metro Council District: 12 - Rick Blackwell Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Leanhart, seconded by Board Member Howard, that Case Number 18VARIANCE1034, Variance from Land Development Code Section 4.4.3.A.1.a.i to allow a fence in the street side yard setback to exceed 4 feet in height, 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 2 Board of Zoning Adjustment Action Summary May 7, 2018 4. 18VARIANCE1035 Request: Variance to allow a structure to encroach into the required rear yard setback Project Name: Big Bar Expansion Location: 1202 Bardstown Road Owner: Chris Cook Holdings LLC Applicant: Kevin Bryan Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Howard, seconded by Board Member Buttorff, that Case Number 18VARIANCE1035, Variance from Land Development Code Table 5.2.2 to allow a structure to encroach into the required rear yard setback, be APPROVED, SUBJECT to the following Conditions of Approval: Conditions of Approval: 1. There will be an emergency egress only for the door at the rear of the property. 2. There shall be a gate installed at the top of the steps which shall only be opened from the inside. 3. Construction of the steps will be poured concrete. The motion carried by the following vote: Yes: 4- Buttorff, Howard, Leanhart, and Fishman No: 1- Turner Absent: 2- Young, and Allendorf Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary May 7, 2018 5. 18VARIANCE1012 Request: Variance from the required side yard setback and the total side yard setback Project Name: 224 Norbourne Boulevard Location: 224 Norbourne Boulevard Owner: Ladonna and Donald Goodman Applicant: Patton Construction Representative: Steve Porter Jurisdiction: City of St. Matthews Council District: 26 - Brent Ackerson Case Manager: Beth Jones, AICP, Planner II I A motion was made by Board Member Turner, seconded by Board Member Buttorff, that Case Number 18VARIANCE1012, Variance to permit a structure to encroach into a required side yard and to reduce the total side yard requirement (City of St. Matthews Development Code 4.7.C.2.b), be APPROVED. The motion carried by the following vote: Yes: 4- Buttorff, Turner, Leanhart, and Fishman Absent: 3- Young, Howard, and Allendorf Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary May 7, 2018 6. 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 Turner, seconded by Board Member Buttorff, that Case Number 17CUP1035, 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 proscribed 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. 3. The materials and design of the proposed deck and privacy fencing shall be substantially the same as depicted in renderings as presented at the BOZA hearing on May 7, 2018. 4. No lighting for the outdoor deck area will be placed above the height of the privacy fence and no light source shall be visible off-site. 5. No live music on the premises. 6. Patio music shall not be audible beyond the premises. 7. Hours of operation shall cease at 10 p.m. with the exception of Saturday, which shall cease at 11:00 p.m. The motion carried by the following vote: Yes: 4- Buttorff, Turner, Leanhart, and Fishman Absent: 3- Young, Howard, and Allendorf Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary May 7, 2018 7. 18CUP1010 Request: Conditional Use Permit to allow short term rental of a dwelling unit not the primary residence of the host in an R-6 zoning district Project Name: Short Term Rental Location: 1218 Lexington Road Owner: Good Measure Homes LLC Applicant: Michael Stevens Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Leanhart, seconded by Board Member Buttorff, that Case Number 18CUP1010, Conditional Use Permit to allow short term rental of a dwelling unit 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- Buttorff, Turner, Leanhart, and Fishman Absent: 3- Young, Howard, and Allendorf Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary May 7, 2018 8. 18CUP1030 Request: Modified Conditional Use Permit to allow a daycare center to operate in an R-6 zoning district Project Name: Modified Conditional Use Permit Location: 1933 W. Madison Street Owner: Love & Prayer Childcare LLC Applicant: Love & Prayer Childcare LLC Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Buttorff, seconded by Board Member Leanhart, that Case Number 18CUP1030, Modified Conditional Use Permit to allow a daycare to operate in an R-6 zoning district (LDC 4.2.19), 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 daycare center without further review by and approval of the Board. 3. Proposal is subject to full construction plans being submitted to the Department of Public Works for traffic and MSD for storm water approvals. Once those have been approved, the plan is subject to Inspections, Permits and Licenses for building/parking permits. 4. The daycare shall be open Monday through Friday, 6:00a.m. to 12:00 midnight with two shifts, 6:00 a.m. to 4:00 p.m. and 4:00 p.m. to 12:00 midnight. 5. The maximum number of employees on site at any given time shall be eight. 6. The maximum number of kids on site at any given time shall be 20. The motion carried by the following vote and the Ordinance was sent to the Consent Calendar: Yes: 4- Buttorff, Turner, Leanhart, and Fishman Absent: 3- Young, Howard, and Allendorf Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary May 7, 2018 9. 17CUP1114 Request: Modified Conditional Use Permit for Cemeteries and Mausoleums, variance of the required fence height and waiver to permit a wall within the required LBA Project Name: 1600 and 1740 Newburg Road Location: 1600 and 1740 Newburg Road Owner: Roman Catholic Bishop of Louisville Applicant: Catholic Cemeteries Representative: Bardenwerper Talbott & Roberts PLLC Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan, 10 - Pat Mulvihill Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Turner, seconded by Board Member Buttorff, that Case Number 17CUP1114, Modified Conditional Use Permit for Cemeteries and Mausoleums to expand the existing cemetery (LDC 4.2.13), Variance to permit a fence located more than 5 ft. from a public sidewalk to exceed the 48 inch maximum permitted total height by up to 8 ft. 10 in. (LDC 4.4.3.A.1.a.i), and Waiver to permit a retaining wall to be located within the required Landscape Buffer Area (LDC 10.2.4.B.1), 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 Cemeteries and Mausoleums without further review by and approval of the Board. The motion carried by the following vote: Yes: 4- Buttorff, Turner, Leanhart, and Fishman Absent: 3- Young, Howard, and Allendorf Louisville Metro Government Page 8 Board of Zoning Adjustment Action Summary May 7, 2018 10. 18CUP1024 Request: Conditional Use Permit to allow short term rental of a dwelling unit not the primary residence of the host in an R-6 zoning district Project Name: Short Term Rental Location: 1000 Caldwell Street Owner: Nicholas Peskoe Applicant: David Orange Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Turner, seconded by Board Member Leanhart, that Case Number 18CUP1024, Conditional Use Permit to allow short term rental of a dwelling unit 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- Buttorff, Turner, Leanhart, and Fishman Absent: 3- Young, Howard, and Allendorf Louisville Metro Government Page 9 Board of Zoning Adjustment Action Summary May 7, 2018 11. 17CUP1069 Request: Conditional Use Permit to allow short term rental of a dwelling unit in the TNZD Project Name: Short Term Rental Location: 1474 S. 1st Street Owner: Nicholas Peskoe Applicant: Sieglindi Kinne Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Leanhart, seconded by Board Member Buttorff, that Case Number 17CUP1069, Conditional Use Permit to allow short term rental of a dwelling unit located 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: 4- Buttorff, Turner, Leanhart, and Fishman Absent: 3- Young, Howard, and Allendorf 12. 18CUP1043 Request: Modified Conditional Use Permit for Masonic Homes Project Name: Sam Swope Care Center Location: 240 Masonic Home Drive Owner: Masonic Homes of KY, Inc. Applicant: Masonic Homes of KY, Inc. Representative: Dinsmore & Shohl, LLP - Clifford Ashburner Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Joel Dock, Planner II A motion was made by Board Member Turner, seconded by Board Member Buttorff, that Case Number 18CUP1043, Variance from Land Development Code Section 5.3.5.C.3.a to allow for parking to be located within the 20' non-residential to residential setback, be APPROVED. The motion carried by the following vote: Louisville Metro Government Page 10 Board of Zoning Adjustment Action Summary May 7, 2018 Yes: 4- Buttorff, Turner, Leanhart, and Fishman Absent: 3- Young, Howard, and Allendorf A motion was made by Board Member Turner, seconded by Board Member Leanhart, that Case Number 18CUP1043, Modified Conditional Use Permit to allow for revisions and an expansion to the existing approved modified conditional use permit of docket 10164, 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. No further development of the site shall occur without prior review and approval by the Board. 2. Evergreen plantings shall be installed to form a continuous hedge along the northeast and northwest sides of the parking lot and driveway proposed to be located to the northeast and north of the existing infirmary building. These plantings shall be included on the landscaping plans which must be submitted for review and approval under Article 12. The height of these plantings shall be determined by the staff Landscape Architect's. These plantings shall be installed regardless of any other requirements of the landscape regulations found in Article 12 and shall be installed prior to use of the parking area and shall be properly maintained at all times thereafter. 3. Any lighting of the site shall be directed downward and away from nearby residential uses. 4. In accordance with the binding elements attached to the approval of change in zoning Docket No. 9-19-83 (especially Binding Element Nos. 1, 2, 4, 6, and 11), the applicant shall obtain approval of a revised district development plan for the site showing the development approved under this conditional use permit. 5. No building permits shall be pursued by the applicant nor be issued prior to the applicant obtaining the necessary approval of a revised district development plan through the Planning Commission as is required by the above referenced Binding Elements under change in zoning Docket No. 9-19-83. 6. The applicant shall obtain approval of a revised preliminary subdivision plan under Docket No. 10-5-83 from the Planning Commission prior to September 29, 1988, the date the current approved preliminary subdivision plan expires. The motion carried by the following vote: Yes: 4- Buttorff, Turner, Leanhart, and Fishman Absent: 3- Young, Howard, and Allendorf Louisville Metro Government Page 11 Board of Zoning Adjustment Action Summary May 7, 2018 13. 18CUP1017 Request: Conditional Use Permit to allow a private institutional use in an R-R zoning district Project Name: The Potter’s Wheel Spiritual Retreat House Location: 4401 Potts Road Owner: The Potter’s Wheel Applicant: Joe Donaldson Jurisdiction: Louisville Metro Council District: 20 - Stuart Benson Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Leanhart, seconded by Board Member Buttorff, that Case Number 18CUP1017, Conditional Use Permit to allow a private institution in an R-R 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 a private institution until further review and approval by the Board. The motion carried by the following vote: Yes: 4- Buttorff, Turner, Leanhart, and Fishman Absent: 3- Young, Howard, and Allendorf Adjournment Louisville Metro Government Page 12