Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W Liberty Street Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, July 16, 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 Kim Leanhart, Board Member Rosalind Fishman, and Chair Person Michael Allendorf Absent: 1- Board Member Lula Howard Approval Of Minutes 1. BOZA_Minutes_07.02.18 Approval of the Minutes from the July 2, 2018 Board of Zoning Adjustment meeting. A motion was made by Board Member Turner, seconded by Board Member Young, that the Minutes from the July 2, 2018 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Leanhart, Fishman, and Allendorf Absent: 1- Howard Business Session 2. 18VARIANCE1059 Request: Variance to allow a primary structure to encroach into the required front yard setback Project Name: Beechspring Farm Boulevard Variance Location: 7523 Beechspring Farm Boulevard Owner: Andrew R. Pyles & Lauren Hodges Applicant: Lynn Ashkettle, Ashkettle Home Builders Jurisdiction: Louisville Metro Council District: 16 - Scott Reed Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Fishman, seconded by Board Member Buttorff, that Case Number 18VARIANCE1059, Variance from Land Development Code Table 5.3.1 to allow a structure to encroach into the required front yard setback, be APPROVED. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Leanhart, Fishman, and Allendorf Absent: 1- Howard Public Hearing Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary July 16, 2018 3. 18DEVPLAN1046 Request: Variance to exceed the maximum 25 ft. setback, a sidewalk waiver and a general waiver to allow parking to the front of the proposed structure. Project Name: Pilot Bulk DEF Facility Location: 2326 Ralph Ave. Owner: Pilot Travel Centers LLC Applicant/Representative: Quincy Curtis - Core States Group Jurisdiction: City of Shively, KY Council District: 3- Mary Woolridge Case Manager: Ross Allen, Planner I A motion was made by Board Member Fishman, seconded by Board Member Leanhart, that Case Number 18DEVPLAN1046, Variance from Shively LDC 5.2.5.C.4.a to allow the proposed 1-story (27 ft. 3/4 in.) to exceed the 25 ft. maximum front setback at its farthest point by approximately 155 ft. south of the property line along Ralph Avenue, be APPROVED; Waiver #1 from Shively LDC 5.8.1.B/5.9.2.A.1.b.i to not provide a sidewalk along the Ralph Avenue frontage for an approximate distance of 566 ft. and to not provide a clearly defined safe pedestrian access from the Ralph Avenue right-of-way to the non-residential building entrances, and Waiver #2 from Shively LDC 5.5.1.3.a to allow the parking/maneuvering area to be within the front setback and located closer to the right-of-way than the principal structure, be RECOMMENDED FOR APPROVAL to the City of Shively. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Leanhart, Fishman, and Allendorf Absent: 1- Howard A motion was made by Board Member Fishman, seconded by Board Member Buttorff, that Case Number 18DEVPLAN1046, Category 2B Development Plan, be RECOMMENDED FOR APPROVAL to the City of Shively. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Leanhart, Fishman, and Allendorf Absent: 1- Howard Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary July 16, 2018 4. 18DEVPLAN1090 Request: Variance to exceed max. setback from S. 15th St., variance to exceed the maximum height as allowed in the TWFD for an EZ-1 zoned parcel, and a general waiver. Project Name: BJK Industries Inc. Location: 945 South 15th Street Owner: James Schandle - Epsilon Realty Co. L.P. Applicant: Joe Wolfe - Koetter Construction Representative: John Campbell - Heritage Engineering LLC. Jurisdiction: Louisville Metro Council District: 6- David James Case Manager: Ross Allen, Planner I A motion was made by Board Member Turner, seconded by Board Member Young, that Case Number 18DEVPLAN1090, Variance #1 from LDC 5.2.5.C.3.a to allow the proposed expansion/addition to exceed the 25 ft. maximum setback by approximately 125 ft. for a total setback of approximately 150 ft. from the property line as found along South 15th Street, Variance #2 from LDC 5.2.5.C.3.d to allow the proposed expansion/addition to exceed the 45 ft. maximum height allowed by approximately 30 ft. within the Form District Edge/Transition Zone for a total height of 75 ft., and Waiver from LDC 10.2.10 to not provide the 10 ft. continuous VUA LBA along a 42 ft. long section of Garland Ave. and a 41 ft. long section along South 15th Street to allow truck maneuvering, be APPROVED. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Leanhart, Fishman, and Allendorf Absent: 1- Howard 5. 18VARIANCE1024 Request: Variances to allow private yard areas to be less than the required 20% of the area of the lots Project Name: Eastern Parkway Garages Location: 2020 & 2022 Eastern Parkway Owner: GKG Investments LLC Representative: David Greenburg 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 18VARIANCE1024, Variance from Land Development Code Section 5.4.1.D.3 to allow a private yard area to be less than the required 20% of the area of the lot (Tract 1, 2022 Eastern Parkway) be APPROVED. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Leanhart, Fishman, and Allendorf Absent: 1- Howard Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary July 16, 2018 A motion was made by Board Member Young, seconded by Board Member Turner, that Case Number 18VARIANCE1024, Variance from Land Development Code Section 5.4.1.D.3 to allow a private yard area to be less than the required 20% of the area of the lot (Tract 2, 2020 Eastern Parkway) be APPROVED. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Leanhart, Fishman, and Allendorf Absent: 1- Howard 6. 18VARIANCE1052 Request: Variance to allow a structure to encroach into the required side yard setback Project Name: Brookfield Avenue Garage Location: 4008 Brookfield Avenue Owner: Jean Paul & Kirsten Milly Montreuil Applicant: Jean Paul Montreuil 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 Turner, that Case Number 18VARIANCE1052, Variance from City of St. Matthews Development Code Section 4.6.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: 6- Young, Buttorff, Turner, Leanhart, Fishman, and Allendorf Absent: 1- Howard 7. 18VARIANCE1054 Request: Variance to allow a structure to encroach into the required side yard setback Project Name: Mulberry Street Addition Location: 1029 Mulberry Street Owner: Tandee Ogburn Applicant: John Offutt Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Turner, seconded by Board Member Young, that Case Number 18VARIANCE1054, 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: 6- Young, Buttorff, Turner, Leanhart, Fishman, and Allendorf Absent: 1- Howard Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary July 16, 2018 8. 18CUP1032 Request: Conditional Use Permit to allow outdoor alcohol sales in the C-1 zoning district Project Name: 4 Seasons Restaurant Location: 8402 Hudson Lane Owner: Dimit LLC Representative: Elka Todorova Jurisdiction: Louisville Metro Council District: 22 - Robin Engel Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Fishman, seconded by Board Member Buttorff, that Case Number 18CUP1032, Conditional Use Permit to allow outdoor alcohol sales in the C-1 Commercial 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: 6- Young, Buttorff, Turner, Leanhart, Fishman, and Allendorf Absent: 1- Howard Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary July 16, 2018 9. 18CUP1049 Request: Conditional Use Permit for a Driving Range with a variance for netting height Project Name: Golf Entertainment Location: 3050 Terra Crossing Blvd Owner: JDG 1849, LLC Applicant: JDG 1849, LLC Representative: Bardenwarper, Talbott & Roberts Jurisdiction: Louisville Metro Council District: 19 - Julie Denton Case Manager: Jay Luckett, Planner I A motion was made by Board Member Young, seconded by Board Member Buttorff, that Case Number 18CUP1049, Conditional Use Permit to allow a driving range in the C-2 zoning district with Relief from Items A and D, 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 as a driving range without further review and approval by the Board. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Leanhart, Fishman, and Allendorf Absent: 1- Howard A motion was made by Board Member Young, seconded by Board Member Leanhart, that Case Number 18CUP1049, Variance from Land Development Code Sections 5.3.4.D.4 and 5.7 to allow netting and poles to exceed the 50 foot maximum height by 120 feet, be APPROVED. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Leanhart, Fishman, and Allendorf Absent: 1- Howard Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary July 16, 2018 10. 17CUP1096 Request: Conditional Use Permit (CUP) for Accessory Apartment Project Name: Long Run Road Accessory Apartment Location: 2035 Long Run Road Owner/Applicant: Todd Schleuning 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 Buttorff, that Case Number 17CUP1096, Conditional Use Permit for an Accessory Apartment (LDC 4.2.3) 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, an accessory apartment shall not be constructed without further review and approval by BOZA. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Leanhart, Fishman, and Allendorf Absent: 1- Howard Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary July 16, 2018 11. 17CUP1118 Request: Conditional Use Permit, Variance, and Waivers to allow a commercial kennel in a C-1 zoning district Project Name: Pet Suites Location: 9420 Seatonville Road Owner: WesBanco, Inc. Applicant: Hogan Real Estate Representative: Nick Pregliasco Jurisdiction: Louisville Metro Council District: 22 - Robin Engel Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Fishman, seconded by Board Member Turner, that Case Number 17CUP1118, Conditional Use Permit to allow a commercial kennel in a C-1 zoning district, be APPROVED, SUBJECT to the following Conditions of Approval: Conditions of Approval: 1. The applicant will install and maintain a storm scepter. 2. The landscaping will look substantially the same as what was presented at the hearing today (July 16, 2018), with the addition of trees along the rear property line. 3. 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. 4. 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 commercial kennel without further review and approval by the Board. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Leanhart, Fishman, and Allendorf Absent: 1- Howard A motion was made by Board Member Fishman, seconded by Board Member Leanhart, that Case Number 17CUP1118, Modified Variances to allow proposed structure to not be located at the Bardstown Road and Seatonville Road right-of-way line, be APPROVED. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Leanhart, Fishman, and Allendorf Absent: 1- Howard Louisville Metro Government Page 8 Board of Zoning Adjustment Action Summary July 16, 2018 A motion was made by Board Member Fishman, seconded by Board Member Young, that Case Number 17CUP1118, Waiver to allow the principal building entrances to not face the primary street (Bardstown Road) serving the development, Waiver to allow the parking lot to be permitted in front of the proposed structure, and Waiver to omit a clearly defined, safe pedestrian access from the Bardstown Road right-of-way (public sidewalk), be APPROVED. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Leanhart, Fishman, and Allendorf Absent: 1- Howard 12. 18CUP1023 Request: Conditional Use Permit to allow an accessory apartment in an R-5 zoning district Project Name: Harrogate Court Accessory Apartment Location: 10500 Harrogate Court Owner: Beverly Schleicher Applicant: Matt Ridge Jurisdiction: Louisville Metro Council District: 24 - Madonna Flood Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Young, seconded by Board Member Buttorff, that Case Number 18CUP1023, Conditional Use Permit to allow an accessory apartment in an R-5 zoning district and Neighborhood Form 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 an accessory apartment without further review and approval by the Board. The motion carried by the following vote: Yes: 4- Young, Buttorff, Turner, and Fishman Absent: 2- Howard, and Leanhart Abstain: 1- Allendorf Louisville Metro Government Page 9 Board of Zoning Adjustment Action Summary July 16, 2018 13. 18APPEAL1002 Request: Review of Notice of Violation Project Name: Shelbyville Road Appeal Location: 16922 Shelbyville Road Owner: YL Property Partners, LLC Appellant: Lucy Kerman Representative: Michael F. Lawrence Jurisdiction: Louisville Metro Council District: 19 - Julie Denton Case Manager: Chris French, AICP, Planning & Design Supervisor A motion was made by Board Member Fishman, seconded by Board Member Turner, to OVERTURN STAFF DETERMINATION in Case Number 18APPEAL1002, Appeal of a Notice of Violation (NOV) issued by a Zoning Enforcement officer concerning the use of a contractor's shop at 16922 Shelbyville Road, Louisville, KY, and the Board further finds that the contractor's shop with outdoor storage located at 16922 Shelbyville Road has nonconforming rights. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Leanhart, Fishman, and Allendorf Absent: 1- Howard Adjournment Louisville Metro Government Page 10