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 21, 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 Kim Leanhart, Board Member Rosalind Fishman, and Chair Person Michael Allendorf Approval Of Minutes 1. BOZA_Minutes_05.07.18 Approval of the Minutes from the May 7, 2018 Board of Zoning Adjustment meeting. A motion was made by Board Member Turner, seconded by Board Member Howard, that the Minutes from the May 7, 2018 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Turner, Howard, Leanhart, and Fishman Abstain: 2- Young, and Allendorf Business Session 2. 18VARIANCE1044 Request: Variance to allow an accessory structure to encroach into the required side yard setback Project Name: 4030 Leland Road Addition Location: 4030 Leland Road Owner: Elaine & Stephen Gravatte Applicant: Steve Gravatte Jurisdiction: City of St. Matthews Council District: 9 - Bill Hollander Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Howard, seconded by Board Member Young, that Case Number 18VARIANCE1044, Variance from St. Matthews Development Code Section 4.6..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, Buttorff, Turner, Howard, Leanhart, Fishman, and Allendorf Public Hearing Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary May 21, 2018 3. 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: Cat 2B 3255 Bardstown Road Location: 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 Fishman, seconded by Board Member Young, that Case Number 18DEVPLAN1002, Category 2B Development Plan for a 4-story (sq. ft. to be determined) hotel, be APPROVED, SUBJECT to the following Conditions of Approval: Conditions of Approval: 1. A revised landscaping plan shall be submitted for existing case #15LSCAPE1072 for the gas station site located at 3255 Bardstown Rd. and a separate landscaping plan be submitted for tract 2–2 as shown on case #18DEVPLAN1002. 2. The variance and three waivers will be on condition that 18MINORPLAT1011 is recorded with a defined access agreement as reviewed by Planning Commission Legal Counsel and consistent with the 18DEVPLAN1002 prior to Category 2B Development Plan approval. 3. Per note #16 under General Notes on the Preliminary approved development plan elevations will need to be submitted to staff for approval prior to issuance of building permits prior to staff approving the Category 2B development plan. 4. Access from Goldsmith Lane shall be approved by the Department of Public Works. The motion carried by the following vote: Yes: 7- Young, Buttorff, Turner, Howard, Leanhart, Fishman, and Allendorf A motion was made by Board Member Fishman, seconded by Board Member Howard, that Case Number 18DEVPLAN1002, Variance from Land Development Code 5.3.2.C.2.b to allow the proposed 4-story hotel to encroach into the 25 ft. rear setback adjacent to the Father Maloney's Boys and Girls Haven, be APPROVED. The motion carried by the following vote: Yes: 7- Young, Buttorff, Turner, Howard, Leanhart, Fishman, and Allendorf Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary May 21, 2018 A motion was made by Board Member Fishman, seconded by Board Member Buttorff, that Case Number 18DEVPLAN1002, Waiver from Land Development Code 5.9.2.A.1.b.i and v to not provide a pedestrian connection from the Bardstown right-of-way traversing a parking lot with more than 100 spaces to the proposed 4-story, 119 room hotel, be APPROVED. The motion carried by the following vote: Yes: 7- Young, Buttorff, Turner, Howard, Leanhart, Fishman, and Allendorf A motion was made by Board Member Fishman, seconded by Board Member Leanhart, that Case Number 18DEVPLAN1002, Waiver from Land Development Code 10.2.4.A, Table 10.2.3 to not provide a 35 ft. LBA with 1.0 planting density requirement with an 8 ft. screen along the northern property line for an approximate length of 383 ft. as facing R-5 zoned parcels in a Campus Form District for proposed tract 2-2, be APPROVED. The motion carried by the following vote: Yes: 7- Young, Buttorff, Turner, Howard, Leanhart, Fishman, and Allendorf A motion was made by Board Member Fishman, seconded by Board Member Buttorff, that Case Number 18DEVPLAN1002, Waiver from Land Development Code 10.2.4.A, Table 10.2.3 to not provide a 20 ft. LBA with 1.0 planting density requirement with a 6 ft. screen along the western property line for an approximate length of 162 ft. as facing Interstate 264 Ramp East for proposed tract 2-2, be APPROVED. The motion carried by the following vote: Yes: 7- Young, Buttorff, Turner, Howard, Leanhart, Fishman, and Allendorf 4. 18DEVPLAN1038 Request: Variance to exceed maximum setback Project Name: Louisville City FC Location: 237-243, 249-251, 255-257, 261, 267-275, & 270 N. Campbell St., 250, 350, 375, & 1080 Adams St., 214, 225-229, 249-257, 261-265, & 271 Mill St., 200, 203/203R Cabel St., 275 N Shelby St Owner: Louisville Metro Government Applicant: Louisville City FC Representative: Mindel Scott and Assoc., Bardenwerper Talbott and Roberts PLLC. Jurisdiction: Louisville Metro Council District: 4- Barbara Sexton Smith Case Manager: Julia Williams, RLA, AICP, Planning Supervisor A motion was made by Board Member Turner, seconded by Board Member Buttorff, that Case Number 18DEVPLAN1038, Variance from Chapter 5.2.1.C.3-6 to permit Buildings D (325' +/-) and E (410' +/-) to exceed the 15' setback along Adams Street (a 310' +/- variance for Building D and 395' +/- variance for Building E), be APPROVED. The motion carried by the following vote: Yes: 7- Young, Buttorff, Turner, Howard, Leanhart, Fishman, and Allendorf Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary May 21, 2018 5. 18VARIANCE1036 Request: Variance to allow an existing chain link fence to be 5 feet in the required front yard Project Name: Fence height Location: 2615 Virginia Avenue Owner: Everett Bradford Properties Representative: Latonya Smith Jurisdiction: Louisville Metro Council District: 1 - Jessica Green Case Manager: Steve Hendrix, Planning Coordinator A motion was made by Board Member Young, seconded by Board Member Howard, that Case Number 18VARIANCE1036, Variance from Land Development Code 4.4.3.A.1.a.i to allow an existing chain link fence to be 5 feet in the required front yard setback, be APPROVED. The motion carried by the following vote: Yes: 6- Young, Turner, Howard, Leanhart, Fishman, and Allendorf No: 1- Buttorff 6. 18VARIANCE1019 Request: Variance to allow a proposed building addition to encroach into a required street side yard setback and side setback Project Name: Hometown Brewery Location: 4031 Preston Highway Owner: Thomas Brown Representative: BTM Engineering Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Jay Luckett, Planner I A motion was made by Board Member Fishman, seconded by Board Member Turner, that Case Number 18VARIANCE1019, Variance from Land Development Code Section 5.3.2.C.2.a to allow a structure to encroach approximately 12 feet into the required street side setback along Preston Highway, and Variance from Land Development Code Section 5.3.2.C.2.b to allow a structure and parking area to encroach into the required 25' side yard setback where the development abuts a structure with a first floor residential use, be APPROVED. The motion carried by the following vote: Yes: 7- Young, Buttorff, Turner, Howard, Leanhart, Fishman, and Allendorf Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary May 21, 2018 7. 18VARIANCE1021 Request: Variance to allow a proposed building to exceed infill maximum height standards and encroach into infill minimum setback standards Project Name: Aptitude 4th St Location: 2420 S 4th St Owner: University Point, LLC. Applicant: Aptitude 4th St, LLC. Representative: Dinsmore & Shohl, LLP. Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Jay Luckett, Planner I A motion was made by Board Member Fishman, seconded by Board Member Buttorff, that Case Number 18VARIANCE1021, Variance from Land Development Code Section 5.1.12.A.2.a to allow a proposed structure to encroach approximately 4 feet into the infill front yard setback standards along Creel Avenue, and Variance from Land Development Code Section 5.1.12.A.2.b to allow a proposed structure to exceed the infill maximum building height by approximately 91.5 feet, be APPROVED. The motion carried by the following vote: Yes: 7- Young, Buttorff, Turner, Howard, Leanhart, Fishman, and Allendorf 8. 18VARIANCE1040 Request: Variance to allow a fence to exceed the allowable height in the street side setback Project Name: 1259 Bassett Avenue Fence Location: 1259 Bassett Avenue Owner: R Craig Strachan & Katharine Dobbins Applicant: Katharine Dobbins 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 Fishman, that Case Number 18VARIANCE1040, Variance from Land Development Code Section 4.4.3.A.1.a.i to allow a fence to exceed 3.5 feet in height in the street side yard setback, be APPROVED. The motion carried by the following vote: Yes: 7- Young, Buttorff, Turner, Howard, Leanhart, Fishman, and Allendorf Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary May 21, 2018 9. 18CUP1019 Request: Conditional Use Permit for a Short Term Rental in the Traditional Neighborhood Zoning District Project Name: Short Term Rental Location: 317 W St. Catherine Street Owner: Andrew & Mary Huenefeld Applicant: Mary Huenefeld Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Fishman, seconded by Board Member Howard, that Case Number 18CUP1019, Conditional Use Permit to allow short term rental of a dwelling unit in the Traditional Neighborhood Zoning District, 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. Number of guests shall be limited to eight due to parking issues. The motion carried by the following vote: Yes: 7- Young, Buttorff, Turner, Howard, Leanhart, Fishman, and Allendorf Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary May 21, 2018 10. 18CUP1026 Request: Conditional Use Permit for Off-Site Parking with relief and waivers Project Name: Off-Site Parking Location: 714 S. 24th Street Owner: Land Bank Authority Applicant: JenCare Senior Medical Center Representative: Cardinal Planning & Design 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 Young, that Case Number 18CUP1026, Conditional Use Permit for off-street parking area (LDC 4.2.39), be APPROVED, granting relief from Item C for the north side yard to provide access to the pull-in parking spaces, 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 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 Off-Street Parking without further review by and approval of the Board. The motion carried by the following vote: Yes: 7- Young, Buttorff, Turner, Howard, Leanhart, Fishman, and Allendorf A motion was made by Board Member Fishman, seconded by Board Member Young, that Case Number 18CUP1026, Waiver of required VUA LBA on the north property line (LDC 10.2.10), Waiver of required PP LBA on the south property line (LDC 10.2.10), and Waiver of required 3 ft. high masonry wall (LDC 5.5.1.A.3.a), be APPROVED. The motion carried by the following vote: Yes: 7- Young, Buttorff, Turner, Howard, Leanhart, Fishman, and Allendorf Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary May 21, 2018 11. 18CUP1034 Request: Modification of a Conditional Use Permit to permit an institutional use in M-3 and EZ-1 zone with variances Project Name: Parking addition and modification Location: 1100 E. Market Street Owner/Applicant: HOTI Realty II LLC Representative: Land Design & Development Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Howard, seconded by Board Member Buttorff, that Case Number 18CUP1034, Modification of a Conditional Use Permit to permit an institutional use to be located within M-3 and EZ-1 zoning districts (Addition of new parking area (Area 1.A) near railroad track to add 35 spaces, and Modification of previously approved parking area (Area 1.B) to change the configuration and add twelve spaces), 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 the purposes approved herein without further review by and approval of the Board. 3. The applicant will consolidate the two parcels containing the subject parking areas prior to final construction plan approval. 4. All existing Conditions of Approval attached to the site shall remain in effect. NOTE: Member Young left at approximately 5:32 p.m. The motion carried by the following vote: Yes: 6- Buttorff, Turner, Howard, Leanhart, Fishman, and Allendorf Absent: 1- Young A motion was made by Board Member Howard, seconded by Board Member Fishman, that Case Number 18CUP1034, Variance to permit new parking area (Area 1.A) to encroach into the required 20 ft. rear setback (LDC 5.3.5.C.3.c), and Variance to permit modified parking area (Area 1.B) to encroach into the required 50 ft. public street setback (LDC 5.3.5.C.3.a), be APPROVED. The motion carried by the following vote: Yes: 6- Buttorff, Turner, Howard, Leanhart, Fishman, and Allendorf Louisville Metro Government Page 8 Board of Zoning Adjustment Action Summary May 21, 2018 Absent: 1- Young 12. 18APPEAL1001 Request: Review of Land Use Determination Project Name: Conley Appeal Location: 4301 Mud Lane Owner: Rickey and Janice Conley Representative: Bart L. Greenwald Jurisdiction: Louisville Metro Council District: 13 - Vicki Aubrey Welch Case Manager: Chris French, AICP, Planning & Design Supervisor A motion was made by Board Member Howard, seconded by Board Member Buttorff, that Case Number 18APPEAL1001, Appeal related to enforcement action concerning land use at 4301 Mud Lane, be CONTINUED to the July 2, 2018 Board of Zoning Adjustment Public Hearing. The motion carried by the following vote: Yes: 6- Buttorff, Turner, Howard, Leanhart, Fishman, and Allendorf Absent: 1- Young Adjournment Louisville Metro Government Page 9