Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W Liberty Street Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, November 19, 2018 1:00 PM Old Jail Auditorium Call To Order Present: 5- Board Member Dwight Young, Board Member Lester Turner Jr., Board Member Lula Howard, Board Member Kim Leanhart, and Chair Person Rosalind Fishman Absent: 1- Board Member Richard Buttorff Approval Of Minutes 1. BOZA_Minutes_11.05.18 Approval of the Minutes from the November 5, 2018 Board of Zoning Adjustment meeting. A motion was made by Board Member Young, seconded by Board Member Leanhart, that the Minutes from the November 5, 2018 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 4- Young, Turner, Howard, and Leanhart Absent: 1- Buttorff Abstain: 1- Fishman Business Session 2. 18CUP1151 Request: Modified Conditional Use Permit Project Name: LG&E Staging Lot Location: 201 Cabel Street Owner: Louisville Gas & Electric Co. Applicant: Louisville Metro and JBS/Swift Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Chris French, Planning & Design Supervisor A motion was made by Board Member Howard, seconded by Board Member Leanhart, that Case Number 18CUP1151 be CONTINUED to the December 3, 2018 Board of Zoning Adjustment meeting at the applicant's request. The motion carried by the following vote: Yes: 5- Young, Turner, Howard, Leanhart, and Fishman Absent: 1- Buttorff Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary November 19, 2018 3. 18CUP1141 Request: Modified Conditional Use Permit to amend the existing conditions of approval for the rehabilitation home Project Name: Centerstone Location: 801 Mary Street Owner: JECBLA, LLC Applicant: Centerstone Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith 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 18CUP1141, Modified Conditional Use Permit to amend the existing conditions of approval, 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 rehabilitation home without further review and approval by the Board. 3. The maximum number of residents at any given time shall be 30. 4. There shall be at least one staff person on site at all times. 5. The rehabilitation facility shall enter into a contract with the Commonwealth Kentucky State of Corrections and this contract be granted – except for when the rehabilitation facility operates a rehabilitation home – as defined by the Land Development Code – where entering into and maintaining a contract with the Commonwealth of Kentucky Department of Corrections is not required. In the future, should residents of the rehabilitation facility change where requiring a contract is necessary or, in the alternative, where a change in residents of the rehabilitation home no longer requires a contract with the Commonwealth of Kentucky Department of Corrections, the property owner shall provide written notice to BOZA and BOZA staff. 6. The rehabilitation facility shall be gender specific. 7. The dumpster as shown on the plan shall be enclosed. 8. Deliveries that support the rehabilitation facility shall be limited to the hours of 7:00 a.m. to 6:00 p.m. Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary November 19, 2018 The motion carried by the following vote: Yes: 5- Young, Turner, Howard, Leanhart, and Fishman Absent: 1- Buttorff Public Hearing 4. 18CUP1109 Request: Conditional Use Permit for a short-term rental of a dwelling unit that is not the primary residence of the host Project Name: Brainard Short Term Rental Location: 321 South Peterson Avenue Owner/Applicant: Benjamin and Amanda Brainard Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Howard, seconded by Board Member Turner, that Case Number 18CUP1109 be CONTINUED to the December 3, 2018 Board of Zoning Adjustment meeting due to Notices not having been picked up. The motion carried by the following vote: Yes: 5- Young, Turner, Howard, Leanhart, and Fishman Absent: 1- Buttorff 5. 18DEVPLAN1164 Request: Category 2B plan with additional requests Project Name: Churchill Downs Entry Gate Location: 3100 South 4th Street Owner/Applicant: AQ Properties, LLC Jurisdiction: Louisville Metro Council District: 15 - Marianne Butler Case Manager: Lacey Gabbard, Planner I A motion was made by Board Member Young, seconded by Board Member Turner, that Case Number 18DEVPLAN1164, Variance from LDC Section 5.3.5.C.3 to allow parking in the 20 foot rear yard setback, Variance from LDC Section 5.3.5.C.3 to allow encroachment into the 20 foot setback abutting an R-7 zoned property, and Variance from LDC Section 5.3.5.C.3 to allow encroachment into the 50 foot street side setback, be APPROVED, SUBJECT to the following Condition of Approval: Condition of Approval: 1. The corresponding Category 2B plan must be approved by Public Works. The motion carried by the following vote: Yes: 5- Young, Turner, Howard, Leanhart, and Fishman Absent: 1- Buttorff Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary November 19, 2018 6. 18DEVPLAN1165 Request: Revised District Development Plan with Waivers and Variances Project Name: Churchill Downs Barn Location: 3750 Oakdale Ave Owner: Louisville/Jefferson County Metro Government Applicant: Churchill Downs, Inc. Representative: Qk4 Jurisdiction: Louisville Metro Council District: 15 - Marianne Butler Case Manager: Lacey Gabbard, Planner I A motion was made by Board Member Young, seconded by Board Member Howard, that Case Number 18DEVPLAN1165, Variance from LDC Section 4.4.9.A to allow the refuse disposal container to be located in the required 15 foot setback area, be APPROVED. The motion carried by the following vote: Yes: 5- Young, Turner, Howard, Leanhart, and Fishman Absent: 1- Buttorff A motion was made by Board Member Young, seconded by Board Member Howard, that Case Number 18DEVPLAN1165, Variance from LDC Section 5.1.7.D to allow the barn to encroach into the 15 foot setback, be APPROVED. The motion carried by the following vote: Yes: 5- Young, Turner, Howard, Leanhart, and Fishman Absent: 1- Buttorff A motion was made by Board Member Young, seconded by Board Member Howard, that Case Number 18DEVPLAN1165, Expansion of Nonconforming Use, be APPROVED. The motion carried by the following vote: Yes: 5- Young, Turner, Howard, Leanhart, and Fishman Absent: 1- Buttorff 7. 18VARIANCE1095 Request: Variance to allow a sign to exceed the maximum height and a Sign Authorization to permit the design of the sign Project Name: Outer Loop Variance Location: 4801 R Outer Loop Owner: Jefferson Mall CMBS LLC Representative: Chris Radford, Twin Shores Construction Jurisdiction: Louisville Metro Council District: 24 - Madonna Flood Case Manager: Zach Schwager, Planner I A motion was made by Board Member Leanhart, seconded by Board Member Howard, that Case Number 18VARIANCE1095, Variance from Land Development Code Table 8.3.2 to allow a sign to exceed the allowable height in the Regional Center Form District, be APPROVED. The motion carried by the following vote: Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary November 19, 2018 Yes: 5- Young, Turner, Howard, Leanhart, and Fishman Absent: 1- Buttorff A motion was made by Board Member Leanhart, seconded by Board Member Howard, that Case Number 18VARIANCE1095, Sign Authorization in accordance with Land Development Code Section 8.4.1.C.3 be APPROVED. The motion carried by the following vote: Yes: 5- Young, Turner, Howard, Leanhart, and Fishman Absent: 1- Buttorff 8. 18VARIANCE1094 Request: Variance to allow a proposed fence to exceed the maximum height in the street side yard setback Project Name: Idle Hour Drive Fence Height Location: 4720 Idle Hour Drive Owner/Applicant: Ignacio Lopez Gutierrez Jurisdiction: Louisville Metro Council District: 1 - Jessica Green Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Howard, seconded by Board Member Young, that Case Number 18VARIANCE1094, Variance from Land Development Code Chapter 4.4.3.A.1.a.i to allow a proposed six (6) foot wooden privacy fence in the required Idle Hour Drive street side yard, be APPROVED. The motion carried by the following vote: Yes: 5- Young, Turner, Howard, Leanhart, and Fishman Absent: 1- Buttorff Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary November 19, 2018 9. 17CUP1081 Request: Conditional Use Permit for a Community Service Facility in an R-4 Single-Family Residential zoning district with variance Project Name: Harbor House Community Service Facility Location: 2233 Lower Hunters Trace Owner/Applicant: Harbor House of Louisville Inc Jurisdiction: Louisville Metro Council District: 12 - Rick Blackwell Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Leanhart, seconded by Board Member Howard, that Case Number 17CUP1081, Conditional Use Permit for a Community Service Facility in an R-4 Single-Family Residential district (LDC 4.2.54) 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 a Community Service Facility without further review and approval by BOZA. 3. Agreement(s) providing crossover access, shared parking and access to walking trail between subject site and adjacent site at 2229 Lower Hunters Trace must be submitted to PDS staff for review. Approved agreement(s) must be recorded prior to final construction approval. The motion carried by the following vote: Yes: 5- Young, Turner, Howard, Leanhart, and Fishman Absent: 1- Buttorff A motion was made by Board Member Leanhart, seconded by Board Member Howard, that Case Number 17CUP1081, Variance of the required west side yard setback from 50 ft. to 30 ft. (LDC Table 5.3.2) be APPROVED. The motion carried by the following vote: Yes: 5- Young, Turner, Howard, Leanhart, and Fishman Absent: 1- Buttorff Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary November 19, 2018 10. 18APPEAL1004 Request: Appeal of an Administrative Decision Project Name: Southern Parkway Appeal Location: 3818 Southern Parkway Owner: 3818 S Parkway Land Trust Applicant: Michael T. Fallot Jurisdiction: Louisville Metro Council District: 15 - Marianne Butler Case Manager: Chris French, AICP, Planning and Design Supervisor A motion was made by Board Member Young, seconded by Board Member Leanhart, that Case Number 18APPEAL1004, Appeal of a staff determination issued by the Office of Planning & Design Services concerning a request for nonconforming rights for a two-family dwelling (duplex) at 3818 Southern Parkway, be APPROVED. The Board further finds that the duplex was lawfully in existence on June 18, 1971 and has been continuously used as duplex from June 18, 1971 to present. The motion carried by the following vote: Yes: 5- Young, Turner, Howard, Leanhart, and Fishman Absent: 1- Buttorff Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary November 19, 2018 11. 18CUP1133 Request: Conditional Use Permit for a community service facility in an R-6 Multi Family zoning district Project Name: Standard Avenue Conditional Use Permit Location: 2336 Standard Avenue Owner: Shugg Cancer Foundation Inc. Applicant: Ryan Band, Unbridles Homes LLC Jurisdiction: Louisville Metro Council District: 3 - Mary C. Woolridge Case Manager: Chris French, Planning & Design Supervisor A motion was made by Board Member Young, seconded by Board Member Howard, that Case Number 18CUP1133, Conditional Use Permit to allow a community service facility in an R-6 Zoning District and Traditional Neighborhood Form District, be APPROVED, noting Standard 4A1 is in compliance with sufficient parking spaces (specifically (6) six), 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 a community service facility without further review and approval by the Board. 3. The applicant shall receive Louisville Fire Department approval for the improvements to the structure prior to obtaining a certificate of occupancy. 4. The hours of operation shall be 9:00 a.m. to 9:00 p.m., notwithstanding that no child shall be forced to leave the premises without an accompanying adult. The motion carried by the following vote: Yes: 5- Young, Turner, Howard, Leanhart, and Fishman Absent: 1- Buttorff Adjournment Louisville Metro Government Page 8