Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W Liberty Street Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, September 17, 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 Chair Person Rosalind Fishman Approval Of Minutes 1. BOZA_Minutes_09.04.18 Approval of the Minutes from the September 4, 2018 Board of Zoning Adjustment meeting. A motion was made by Board Member Howard, seconded by Board Member Buttorff, that the Minutes from the September 4, 2018 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Turner, Howard, Leanhart, and Fishman Abstain: 1- Young Business Session 2. 18VARIANCE1074 Request: Variance to allow a structure to encroach into the required side yard setback Project Name: Barret Avenue Addition Location: 602 Barret Avenue Owner: GMJ Properties LLC Applicant: Steve Smith Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Dante St. Germain, Planner II A motion was made by Board Member Howard, seconded by Board Member Young, that Case Number 18VARIANCE1074, 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, Howard, Leanhart, and Fishman Public Hearing Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary September 17, 2018 3. 18VARIANCE1068 Request: Variances to allow fences in the street side yard setback to exceed four feet in height, and variances to allow a private swimming pool and deck to encroach into the street side yard setback Project Name: Bay Pine Drive Fences, Deck & Pool Location: 5900 Bay Pine Drive Owner/Applicant: Teresa Ramey Jurisdiction: Louisville Metro Council District: 23 - James Peden Case Manager: Dante St. Germain, Planner II A motion was made by Board Member Young, seconded by Board Member Howard, that Case Number 18VARIANCE1068, Variance from Land Development Code Section 4.4.3.A.1.a.i to allow a fence in the street side yard (1) in the Neighborhood form district to exceed 48 inches in height, Variance from Land Development Code Section 4.4.10.A to allow a private swimming pool to encroach into the required street side yard setback, and Variance from Land Development Code Table 5.3.1 to allow a deck to encroach into the required street side yard setback, be APPROVED. The motion carried by the following vote: Yes: 4- Young, Howard, Leanhart, and Fishman No: 2- Buttorff, and Turner A motion was made by Board Member Young, seconded by Board Member Howard, and with the applicant's approval, that Case Number 18VARIANCE1068, Variance from Land Development Code Section 4.4.3.A.1.a.i to allow a fence in the street side yard (2) in the Neighborhood form district to exceed 48 inches in height be APPROVED (Requirement 4 feet, AMENDED Request 6.5 feet, AMENDED Variance 2.5 feet), SUBJECT to the following Condition of Approval: Condition of Approval: 1. The fence shall be stained to match the existing fence as it is today. The motion carried by the following vote: Yes: 5- Young, Turner, Howard, Leanhart, and Fishman No: 1- Buttorff Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary September 17, 2018 4. 18VARIANCE1069 Request: Variance to allow a private yard area to be less than the required 30% of the area of a lot Project Name: S. Brook Street Carriage House Location: 1214 S Brook Street Owner/Applicant: Kathryn & Paul Brown Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Dante St. Germain, Planner II A motion was made by Board Member Leanhart, seconded by Board Member Young, that Case Number 18VARIANCE1069, 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 5. 18VARIANCE1078 Request: Variance to allow structures to encroach into the required front yard setback on double-frontage lots, and Variance to allow structures to encroach into the required street side yard setbacks Project Name: Park Springs Variance Location: Park Springs (formerly Lake Louisvilla) Owner: Park Springs LLC Applicant: Patrick Dominik - Sabak, Wilson & Lingo Jurisdiction: Louisville Metro Council District: 17 - Glen Stuckel Case Manager: Dante St. Germain, Planner II A motion was made by Board Member Howard, seconded by Board Member Buttorff, that Case Number 18VARIANCE1078, Variance from Land Development Code Table 5.3.1 to allow structures on two double-frontage lots to encroach into the required front yard setback along Black Gum Lane, and Variance from Land Development Code Table 5.3.1 to allow structures on fourteen lots to encroach into the required street side yard setback, be APPROVED. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Howard, Leanhart, and Fishman Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary September 17, 2018 6. 18VARIANCE1079 Request: Variance to allow a fence to exceed 42” in the street side yard Project Name: S. Shelby Street Variance Location: 2113 S. Shelby Street Owner/Applicant: Michael Ballard Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Chris French, AICP, Planning Supervisor A motion was made by Board Member Howard, seconded by Board Member Young, that Case Number 18VARIANCE1079, 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, Leanhart, and Fishman 7. 18VARIANCE1080 Request: Variances to allow a sign to exceed the maximum height and area in the Traditional Neighborhood form district with associated waivers to allow a changing image sign to be closer than 300 feet to residential properties and to allow a changing image panel to exceed 30% of the sign area Project Name: W. Kenwood Drive Variance Location: 425 W. Kenwood Drive Owner: Roman Catholic Bishop of Louisville Applicant/Representative: Karla Hill - Smart LED Signs & Lighting Jurisdiction: Louisville Metro Council District: 21 - Vitalis Lanshima Case Manager: Chris French, AICP, Planning Supervisor A motion was made by Board Member Young, seconded by Board Member Howard, that Case Number 18VARIANCE1080, Variance from Land Development Code Table 8.3.2 to allow a sign to exceed the allowable height in the Traditional Neighborhood Form District, and Variance from Land Development Code Table 8.3.2 to allow a sign to exceed the allowable area in the Traditional Neighborhood Form District, be APPROVED. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Howard, Leanhart, and Fishman A motion was made by Board Member Young, seconded by Board Member Howard, that Case Number 18VARIANCE1080, Waiver from Land Development Code Section 8.2.1.D.4.a to allow the changing image panel of a sign to exceed 30% of the total area of the sign, and Waiver from Land Development Code Section 8.2.1.D.6 to allow a changing image sign to be closer than 300 feet to residential properties, be APPROVED. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Howard, Leanhart, and Fishman Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary September 17, 2018 8. 18CUP1072 Request: Conditional Use Permit to allow a mini-warehouse facility in a C-2 zoning district Project Name: Highland Cubes Location: 1300 & 1306 Bardstown Road Owner/Applicant: Jeff Sleadd Representative: Jennifer Caummisar-Kern Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Buttorff, seconded by Board Member Howard, that Case Number 18CUP1072, Conditional Use Permit to allow mini-warehouses in a C-2 zoning district, be APPROVED. The motion failed by the following vote: Yes: 3- Buttorff, Turner, and Howard No: 3- Young, Leanhart, and Fishman A motion was made by Board Member Young, seconded by Board Member Leanhart, that Case Number 18CUP1072, Conditional Use Permit to allow mini-warehoues in a C-2 zoning district, be DENIED. The motion failed by the following vote: Paul Whitty, Legal Counsel, stated there has been a tie vote - twice, so we revert to Robert's Rules and under Robert's Rules when a proposition has a tie vote, the proposition FAILS. Yes: 3- Young, Leanhart, and Fishman No: 3- Buttorff, Turner, and Howard Adjournment Louisville Metro Government Page 5