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 30, 2018 1:00 PM Old Jail Courtroom Call To Order Present: 5- Board Member Dwight Young, Board Member Richard Buttorff, Board Member Lester Turner Jr., Board Member Lula Howard, and Chair Person Michael Allendorf Absent: 2- Board Member Kim Leanhart, and Board Member Rosalind Fishman Approval Of Minutes 1. BOZA_Minutes_07.16.18 Approval of the Minutes from the July 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 July 16, 2018 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 4- Young, Buttorff, Turner, and Allendorf Absent: 2- Leanhart, and Fishman Abstain: 1- Howard Business Session Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary July 30, 2018 2. 18CUP1040 Request: Modification of an approved Conditional Use Permit to allow a hydrogen fuel tank relocation in a PEC zoning district Project Name: Kroger hydrogen fuel tank farm Location: 2000 Nelson Miller Parkway Owner/Applicant: The Kroger Company Representative: Morgan Hawker Jurisdiction: Louisville Metro Council District: 19 - Julie Denton Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Howard, seconded by Board Member Young, that Case Number 18CUP1040, Modified Conditional Use Permit to allow the relocation of hydrogen fuel tanks, 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 nuisance use (hydrogen fuel cell tank) without further review and approval by the Board. The motion carried by the following vote: Yes: 5- Young, Buttorff, Turner, Howard, and Allendorf Absent: 2- Leanhart, and Fishman Public Hearing 3. 18VARIANCE1056 Request: Variance from LDC 5.4.1.D.2 to reduce the Private Yard Area to less than 30% Project Name: Everett Avenue Variance Location: 1287 Everett Avenue Owner/Applicant: McCauley Adams Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Ross Allen, Planner I A motion was made by Board Member Young, seconded by Board Member Buttorff, that Case Number 18VARIANCE1056, Variance from Land Development Code Section 5.4.1.D.2 to allow a proposed 370 sq. ft. rear screened porch to reduce the private yard area to less than 30% for a lot greater than 6,000 sq. ft., be APPROVED. The motion carried by the following vote: Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary July 30, 2018 Yes: 5- Young, Buttorff, Turner, Howard, and Allendorf Absent: 2- Leanhart, and Fishman 4. 18DEVPLAN1105 Request: Category 2B Plan with Waiver and Variance Project Name: Paragon Centre Location: 6040 Dutchmans Lane Owner: Paragon Centre Holdings, LLC Applicant: Nicklies Development Representative: Heritage Engineering, Inc. Jurisdiction: Louisville Metro Council District: 26 - Brent Ackerson Case Manager: Jay Luckett, Planner I A motion was made by Board Member Turner, seconded by Board Member Buttorff, that Case Number 18DEVPLAN1105, Variance from Land Development Code Section 5.3.3.C.2.a to exceed the 275 ft. maximum front yard setback by up to 135 ft., and Waiver from Land Development Code Section 5.8.1 to not provide the sidewalk for Dutchmans Lane, be APPROVED. The motion carried by the following vote: Yes: 5- Young, Buttorff, Turner, Howard, and Allendorf Absent: 2- Leanhart, and Fishman 5. 17DEVPLAN1123 Request: Variance for the setback and waivers for the design and landscaping to allow an auto repair shop expansion in a Traditional Neighborhood Form District Project Name: Taylor Blvd. Expansion Location: 4350 Taylor Blvd. Owner: Jay Barker Auto Repair Service, Inc. Applicant: Jay Barker Jurisdiction: Louisville Metro Council District: 15 - Marianne Butler Case Manager: Steve Hendrix, Planning and Design Coordinator NOTE: Board Member Fishman arrived at approximately 1:27 p.m. A motion was made by Board Member Fishman, seconded by Board Member Turner, that Case Number 17DEVPLAN1123, Variance from Land Development Code Section 5.5.1.A.2.e.5 to allow the expansion to exceed the setback of 5 feet from the corner, be APPROVED. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Howard, Fishman, and Allendorf Absent: 1- Leanhart Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary July 30, 2018 A motion was made by Board Member Fishman, seconded by Board Member Young, that Case Number 17DEVPLAN1123, Waiver from Land Development Code Section 5.5.1.A.3.a not to allow the 3 foot screening along a portion of Walter Avenue and Taylor Boulevard, be APPROVED. The motion carried by the following vote: Yes: 4- Young, Turner, Fishman, and Allendorf No: 2- Buttorff, and Howard Absent: 1- Leanhart A motion was made by Board Member Fishman, seconded by Board Member Young, that Case Number 17DEVPLAN1123, Waiver from Land Development Code Section 5.5.1.A.3.a to allow parking in front of the existing and proposed buildings, be APPROVED. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Howard, Fishman, and Allendorf Absent: 1- Leanhart A motion was made by Board Member Fishman, seconded by Board Member Buttorff, that Case Number 17DEVPLAN1123, Waiver from Land Development Code Section 5.5.1.A.3.b not to require connection to the alley, be APPROVED. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Howard, Fishman, and Allendorf Absent: 1- Leanhart 6. 18VARIANCE1055 Request: Variance to allow a fence in the street side yard to exceed 42 inches in height Project Name: S 3rd Street Fence Location: 4575 S 3rd Street Owner/Applicant: John Blanford Jurisdiction: Louisville Metro Council District: 21 - Vitalis Lanshima Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Fishman, seconded by Board Member Howard, that Case Number 18VARIANCE1055, 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 42 inches in height in the Traditional Neighborhood form district, be APPROVED. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Howard, Fishman, and Allendorf Absent: 1- Leanhart Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary July 30, 2018 7. 18VARIANCE1058 Request: Modified Variance to allow relief from conditions of approval Project Name: Big Bar Variance Modification 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 Fishman, seconded by Board Member Buttorff, that Case Number 18VARIANCE1058, Modification of a Variance to allow relief from Conditions of Approval related to construction which is no longer proposed, be APPROVED. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Howard, Fishman, and Allendorf Absent: 1- Leanhart 8. 17CUP1097 Request: Conditional Use Permit to allow short term rental of a property in the Traditional Neighborhood Zoning District Project Name: Garvin Place Short Term Rental Location: 1210 Garvin Place Owner: Rahel Samuel & Christopher Bosson Applicant: Christopher Bosson Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Young, seconded by Board Member Buttorff, that Case Number 17CUP1097, 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. The motion carried by the following vote: Yes: 4- Young, Buttorff, Howard, and Allendorf No: 2- Turner, and Fishman Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary July 30, 2018 Absent: 1- Leanhart Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary July 30, 2018 9. 18CUP1031 Request: Conditional Use Permit, Category 3 review, variance, and waiver to allow independent living facility in an R-3 and R-4 zoning district Project Name: Dominion Northfield Independent Living Location: 6000 Hunting Road Owner/Applicant: Dominion Louisville, LLC Representative: Nicholas Pregliasco 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 Buttorff, that Case Number 18CUP1031, Modified Conditional Use Permit to allow an independent living facility in a R-3 and R-4 zoning district and Neighborhood Form District, be APPROVED, granting relief from Item 4A (the proposed structure will be 25 feet from the north property line and 20 feet from the south property line), 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 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 independent living facility without further review and approval by the Board. 3. Development on Tract 1(assisted living facility) and Tract 2(independent living facility) are functionally related through a program of continuum of care which for the purposes of this condition is defined as “a variety of senior care services focused on the stages of aging.” If this program of continuum of care is discontinued on Tract 1 (or Tract 1 becomes an independent living facility as well), then an application for a modification of the conditional use permit shall be submitted to the Board of Zoning Adjustment for review. If the Board finds that the continuum of care program is no longer in place, then the independent living facility (Tract 2) must qualify for a zoning classification as a “care facility” pursuant to LDC 4.2.38(Nursing Homes and Homes for the Aged and Infirm) or must apply for a rezoning to a residential multi-family zoning classification. 4. The proposed new building shall have fire suppression sprinklers installed throughout the building. 5. Exterior construction for the proposed new building shall be limited to 7:00 a.m. to 6:00 p.m. Monday through Friday and 8:00 a.m. to 5:00 p.m. on Saturday, with no exterior construction activity on Sunday. 6. Trash and garbage pickups for the proposed new building and the existing building under renovation shall only occur between the hours of 7:30 a.m. and 5:30 p.m. any day of the week. Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary July 30, 2018 7. All deliveries for operation of the new proposed building shall occur between the hours of 7:30 a.m. and 5:30 p.m. any day of the week. The only tractor-trailer deliveries for operations purposes shall be for food service delivery. 8. In addition to the Louisville Metro Land Development Code requirements, all exterior lighting for the new proposed building and parking lot shall be limited to 20 feet in height and shall be fully shielded with luminaires pointed downward. 9. The applicant shall extend the fence line to connect with the current fence which is behind the existing building located on Tract 1. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Howard, Fishman, and Allendorf Absent: 1- Leanhart A motion was made by Board Member Fishman, seconded by Board Member Young, that Case Number 18CUP1031, Category 3 Review (18DEVPLAN1025), be APPROVED. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Howard, Fishman, and Allendorf Absent: 1- Leanhart A motion was made by Board Member Fishman, seconded by Board Member Buttorff, that Case Number 18CUP1031, Variance to allow proposed parking to encroach into the proposed required rear yard, be APPROVED. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Howard, Fishman, and Allendorf Absent: 1- Leanhart A motion was made by Board Member Fishman, seconded by Board Member Young, that Case Number 18CUP1031, Waiver to omit the required landscape buffer area along the proposed property line between the existing structure and proposed structure, be APPROVED. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Howard, Fishman, and Allendorf Absent: 1- Leanhart Louisville Metro Government Page 8 Board of Zoning Adjustment Action Summary July 30, 2018 10. 18CUP1035 Request: Conditional Use Permit (CUP) for Cemeteries and Mausoleums Project Name: Cremated Remains Site Location: 330 N. Hubbards Lane Owner/Applicant: St. Matthews Episcopal Church Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Fishman, seconded by Board Member Young, that Case Number 18CUP1035, Conditional Use Permit for Cemeteries and Mausoleums, be APPROVED, granting relief from Item 4A (to not construct the required fence) and Item 4B (to permit the cremated remains site to encroach on the required 30 ft. buffer from the existing buildings), and 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 a Cemetery or Mausoleum without further review and approval by BOZA. 3. The applicant shall submit the site plan as presented at the July 30, 2018 BOZA meeting. 4. The applicant shall submit the minutes from the neighborhood meeting. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Howard, Fishman, and Allendorf Absent: 1- Leanhart Louisville Metro Government Page 9 Board of Zoning Adjustment Action Summary July 30, 2018 11. 18CUP1048 Request: Conditional Use Permit (CUP) to allow short term rental of dwelling units not the primary residence of the host Project Name: Franklin Street Short Term Rental Location: 832 Franklin Street Owner/Applicant: The Randolph House LLC Representative: Key Source Properties LLC 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 Buttorff, that Case Number 18CUP1048, Conditional Use Permit to allow short term rental of two dwelling units not the primary residence of the host (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. NOTE: Board Member Young and Board Member Howard left prior to this case being heard. The motion carried by the following vote: Yes: 4- Buttorff, Turner, Fishman, and Allendorf Absent: 3- Young, Howard, and Leanhart Adjournment Louisville Metro Government Page 10