Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W Liberty Street Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, December 3, 2018 1:00 PM Old Jail Auditorium Call To Order Present: 5- Board Member Richard Buttorff, Board Member Lester Turner Jr., Board Member Lula Howard, Board Member Kim Leanhart, and Chair Person Rosalind Fishman Absent: 1- Board Member Dwight Young Approval Of Minutes 1. BOZA_Minutes_11.19.18 Approval of the Minutes from the November 19, 2018 Board of Zoning Adjustment meeting. A motion was made by Board Member Turner, seconded by Board Member Leanhart, that the Minutes from the November 19, 2018 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 4- Turner, Howard, Leanhart, and Fishman Absent: 1- Young Abstain: 1- Buttorff Business Session Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary December 3, 2018 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 Buttorff, that Case Number 18CUP1151, Modified Conditional Use Permit to amend conditions of approval 1, 8, 11, and 12, be APPROVED, SUBJECT to the following Conditions of Approval: Amended 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. General Note 1 of the development plan shall not take effect until Cabel street reopens following Louisville Gas & Electric Co. utility work in the right-of-way. 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 (“CUP”) is not so exercised, the site shall not be used for a staging lot for trucks and trailers without further review and approval by the Board. 3. Installation of fencing, Acoustifence®, landscaping and bioswale. A. Except for the area bordering the Webster Street right-of-way partial closure (see B. below), the fencing and Acoustifence® shown on the approved development plan shall be implemented within four (4) months of final approval of the CUP in favor of Applicant together with all time remaining for further appeal having elapsed. B. Following completion of item A. and upon obtaining closure of the Webster Street right- of-way as shown on the CUP Plan together with any zoning-related approvals, construction of the wooden fence and Acoustifence® bordering the closed right-of-way shall be implemented within thirty (30) days of closure and approvals. C. Weather permitting, all landscaping and the bioswale as shown on the CUP Plan shall be implemented immediately following the completion of Item A., except for landscaping adjacent to the Webster Street right-of-way closure which shall be implemented immediately upon completion of Item B., weather permitting. D. A sign conforming to the Land Development Code identifying the JBS/Swift Cabel Street Lot shall be attached to the fence near the entrance. 4. Removal of all barbed and razor wire and MSD signage on building: Within thirty (30) days of final approval (regardless of whether an appeal has been filed) all (i) barbed wire and razor wire on the site and (ii) all signs on buildings identifying them as MSD buildings shall be removed. Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary December 3, 2018 5. Within four (4) months of final approval (regardless of whether an appeal has been filed), the Applicant shall submit a certification statement to the Division of Planning and Design Services, from an engineer or other qualified professional, stating that the lighting of the development site conforms to Chapter 4, Part 1 of the Land Development Code. Lighting in conformance with the Land Development Code shall be maintained thereafter. No Certificate of Occupancy shall be issued unless such certification statement is submitted. 6. Weather permitting, areas of the lot scheduled for paving as shown on the Paving Plan shall be paved within sixty (60) days of having received approval from all reviewing governmental agencies (regardless of whether an appeal has been filed). 7. No truck idling shall occur within the 100-foot setback line shown on the CUP Plan between the hours of 10 PM and 6 AM. 8. Operation: A. No empty trailers or Transportation Refrigeration Units (“TRUs”) located east of the “10 PM to 6 AM line” shown on the approved CUP Plan shall be moved or connected to a tractor or shag truck; nor shall any tractor or shag trucks be operated in this area. Empty trailers and over-the-road haulers shall be allowed to move across the “10 PM to 6AM line” without immediate removal until Cabel Street reopens. B. Exception: Empty trailers brought to the Cabel street Lot by over-the-road haulers may be taken to the Washout Building for cleaning, but must be moved immediately thereafter to the west of the “10 PM to 6 AM line” shown on the approved CUP Plan. Empty trailers and over-the-road haulers shall be allowed to move across the “10 PM to 6AM line” without immediate removal until Cabel Street reopens. 9. Grass cutting and landscape maintenance: The applicant shall maintain the grass and landscaping along its boundaries within the Cabel Street right-of-way and otherwise on-site. Grass shall be cut and landscaping shall be maintained and litter shall be removed from the site on a regular basis as necessary to maintain the premises in a presentable condition, including weed control and removal. 10. Dust Control: The site shall be maintained free of dust at all times in conformance with the Fugitive Dust Control and Trailer Staging Plan of October 7, 2010 which shall include the regular application of MSD-approved surfactant. 11. Late night shag truck/trailer movement. Following the completion of improvements required by the LoulsviJle Department of Public Works at the intersection of Buchanan Street and Franklin Street, and between the hours of 12 AM to 6 AM shag trucks/trailers shall use the following route to move between the Cabe! Street Lot and the JBS/Swift plant at 1200 Story Avenue (the "plant"): A. Movement from the Cabel Street Lot to the plant. Shag trucks/trailers shall Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary December 3, 2018 travel Cabel Street to Franklin Street to Buchanan Street to Bickel Avenue to Mellwood Avenue to Spring Street to Story Avenue to the plant (thereby avoiding movement on Cabel Street between Franklin Street and Story Avenue). B. Movement from the plant to the Cabel Street Lot. Shag trucks/trailers shall travel from the plant to Story Avenue to Buchanan Street to Franklin Street to Cabel Street Lot (thereby avoiding movement on Cabel Street between Franklin Street and Story Avenue). C. This condition shall not take effect until Cabel Street reopens following Louisville Gas & Electric Co. utility work in the right-of-way. 12. An 8 ft. tall wooden perimeter fence shall surround the property and be substantially the same as what was presented in the Applicant's PowerPoint presentation at today's hearing, with the exception of the installation of a 12 ft. tall Acoustifence® as delineated on the plan. The existing chain link fence along the northern perimeter of the site adjacent to Marshall's Auto Parts business shall remain. This condition shall not take effect until Cabel Street reopens following Louisville Gas & Electric Co. utility work in the right-of-way. 13. The on-site diesel fuel tank near the Webster Street right-of-way shall be screened from view of the adjacent residential property owners pursuant to Section 10.2.6 of the Land Development Code. 14. Landscaping shall be provided as shown on the CUP Plan In the Cabel Street right-of-way; the Quincy Street right-of-way; the Webster Street right-of-way; and along Adams Street frontage of the site and meet the minimum planting requirements of Section 10.2.2 of the Land Development Code. 15. Landscaping and buffer widths along Cabel Street and Quincy Street perimeters of the property shall be implemented pursuant to the minimum requirements of the LDC with the exception of a 10 ft. Landscape Buffer Area from the right-of-way on Cabel Street. 16. Decorative litter receptacles similar to receptacles on Story Avenue in Butchertown shall be provided in the Cabel Street right-of -way near the entrance to the Lot, and thereafter, placed approximately every 100 feet southwardly in the right-of-way immediately outside of the Lot. 17. A minimum 4-foot wide sidewalk shall be constructed along the Cabel Street frontage of the site extending from a point opposite Franklin Street to the northernmost point of the Cabel Street Lot as shown on the CUP Plan. 18. Within 18 months of January 11, 2016, the applicant shall reduce or eliminate diesel particulate matter by using electric or hybrid TRUs on the subject property by implementing the current California standards for diesel fuel emissions. 19. All diesel trucks shall be shut down within 15 minutes of being on the subject site. Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary December 3, 2018 20. The applicant shall submit a Revised Plan to staff illustrating all the conditions of approval noted herein. 21. The applicant shall submit a documented truck route to staff by February 10, 2016, illustrating the route to and from the Cabel Street Lot before and after "the bridges project" is complete. The motion carried by the following vote: Yes: 5- Buttorff, Turner, Howard, Leanhart, and Fishman Absent: 1- Young 3. 18VARIANCE1100 Request: Variance to allow a structure to encroach into the required rear yard setback Project Name: House Addition Location: 1112 Girard Drive Owner/Applicant: Arthur W. Kestler Jurisdiction: Louisville Metro Council District: 7 -Angela Leet Case Manager: Steve Hendrix, Planning & Design Coordinator A motion was made by Board Member Turner, seconded by Board Member Buttorff, that Case Number 18VARIANCE1100, Variance from Land Development Code Section 4.6.C.2.d to allow a structure to encroach into the required rear yard setback, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Turner, Howard, Leanhart, and Fishman Absent: 1- Young 4. 2019_Public_Mtg_Dates 2019 Public Meeting Dates A motion was made by Board Member Howard, seconded by Board Member Turner, that the 2019 BOZA Public Meeting dates be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Turner, Howard, Leanhart, and Fishman Absent: 1- Young Public Hearing Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary December 3, 2018 5. 18VARIANCE1098 Request: Private Yard Area Variance *REQUEST BEING WITHDRAWN* Project Name: Sheppard Square Private Yards Location: 742 S Hancock St Owner/Applicant: Louisville Metro Housing Authority Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Jay Luckett, Planner I Jay Luckett stated it has been determined that the Variance is not necessary, but the case had already been noticed. Therefore, the case is being WITHDRAWN. Since Case Number 18VARIANCE1098 was WITHDRAWN, no vote or action was taken. 6. 18VARIANCE1103 Request: Variance to encroach protected waterway buffer Project Name: Kameri Auto Sales Location: 8500 National Turnpike Owner/Applicant: Sami Kameri Jurisdiction: Louisville Metro Council District: 13 - Vicki Aubrey Welch Case Manager: Joel Dock, AICP, Planner II A motion was made by Board Member Howard, seconded by Board Member Turner, that Case Number 18VARIANCE1103, Variance from Land Development Code Section 4.8 to allow proposed encroachments into the outer and middle protected waterway buffer zones as shown on the development plan, be APPROVED. The motion carried by the following vote: Yes: 4- Buttorff, Turner, Howard, and Fishman No: 1- Leanhart Absent: 1- Young Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary December 3, 2018 7. 18VARIANCE1101 Request: Variance to permit a fence to exceed the permitted height Project Name: Salvation Army Fence Height Variance Location: 911 S. Brook Street Owner/Applicant: Salvation Army Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Leanhart, seconded by Board Member Howard, that Case Number 18VARIANCE1101, Variance to permit a fence to exceed the permitted height in a Traditional Neighborhood Form District (LDC 4.4.3.A.1.a.i) be APPROVED, SUBJECT to the following Condition of Approval: Condition of Approval: 1. Before construction of the approved fence, the applicant will resolve the exact location of the proposed gate with Transportation Planning. The motion carried by the following vote: Yes: 5- Buttorff, Turner, Howard, Leanhart, and Fishman Absent: 1- Young Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary December 3, 2018 8. 18CUP1123 Request: Conditional Use Permit for a short term rental of a dwelling unit that is not the primary residence of the host Project Name: Melford Avenue Short Term Rental Location: 855 Melford Avenue Owner/Applicant/Host: Mary Tortorice Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Buttorff, seconded by Board Member Leanhart, that Case Number 18CUP1123, Conditional Use Permit to allow short term rental of a dwelling unit 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. The motion carried by the following vote: Yes: 5- Buttorff, Turner, Howard, Leanhart, and Fishman Absent: 1- Young Louisville Metro Government Page 8 Board of Zoning Adjustment Action Summary December 3, 2018 9. 18CUP1132 Request: Conditional Use Permit for a private institutional use in a Single Family Zoning District Project Name: Sleeping Rooms for church use only Location: 9020 Stonestreet Road Owner/Applicant: Christian Assembly Church Representative: BlueStone Engineers, PLLC, Christopher Crumpton, P.E. Jurisdiction: Louisville Metro Council District: 25 - David Yates Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Howard, seconded by Board Member Buttorff, that Case Number 18CUP1132, Conditional Use Permit to allow a Private Institutional Use in a Single Family Zoning District, LDC 4.2.65, (existing multi-purpose building to be used for overnight sleeping rooms for church usage only) 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 private institution without further review and approval by the Board. The motion carried by the following vote: Yes: 5- Buttorff, Turner, Howard, Leanhart, and Fishman Absent: 1- Young Louisville Metro Government Page 9 Board of Zoning Adjustment Action Summary December 3, 2018 10. 18CUP1138 Request: Conditional Use Permit for a short term rental of a dwelling unit that is not the primary residence of the host Project Name: Barret Avenue Short Term Rental Location: 602 Barret Avenue Owner/Applicant: Glenn Davis, GMJ Properties, LLC Host: Jonathan Klunk, Key Source Properties Jurisdiction: Louisville Metro Council District: 4-Barbara Sexton Smith Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Leanhart, seconded by Board Member Buttorff, that Case Number 18CUP1138, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the host in a R-6 Zoning District and Traditional Neighborhood Form 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. The maximum number of guests is eight, (8). The motion carried by the following vote: Yes: 4- Buttorff, Howard, Leanhart, and Fishman No: 1- Turner Absent: 1- Young 11. 18CUP1125 Request: Conditional Use Permit for a short-term rental of a dwelling unit that is not the primary residence of the host Project Name: Rogers Short Term Rental Location: 1227 Wolfe Avenue Owner/Applicant: Cynthia Rogers and John Carli Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Jon E. Crumbie, Planning & Design Coordinator Louisville Metro Government Page 10 Board of Zoning Adjustment Action Summary December 3, 2018 A motion was made by Board Member Leanhart, seconded by Board Member Howard, that Case Number 18CUP1125, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the owner in an R-5 Zoning District and Neighborhood Form 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: 5- Buttorff, Turner, Howard, Leanhart, and Fishman Absent: 1- Young Louisville Metro Government Page 11 Board of Zoning Adjustment Action Summary December 3, 2018 12. 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 Turner, seconded by Board Member Howard, that Case Number 18CUP1109, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the owner in an R-5A Zoning District and Traditional Neighborhood Form 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. A Certificate of Occupancy must be obtained before the carriage house can be used as a short term rental. The motion carried by the following vote: Yes: 5- Buttorff, Turner, Howard, Leanhart, and Fishman Absent: 1- Young Louisville Metro Government Page 12 Board of Zoning Adjustment Action Summary December 3, 2018 13. 18NONCONFORM1032 Request: A change in nonconforming use from a package liquor store to a convenience grocery store Project Name: Kentucky Street Change in Nonconforming Use Location: 701 E. Kentucky Street Owner/Applicant: Clay Street Properties, LLC Representative: Jonathan Wall Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Chris French, Planning & Design Supervisor Prior to this case being heard, Joe Haberman, Planning & Design Manager advised the Board Members that after the 2019 BOZA calendar was approved, Planning & Design Management Assistants began booking this meeting room and found there is a conflict on July 8th from 2:30 to 5:00. Mr. Haberman stated this is an organization that regularly cancels their meetings, so we can leave the BOZA meeting at 1:00 until we get a little closer or consider meeting earlier on that date. A motion was made by Board Member Howard, seconded by Board Member Buttorff, that Case Number 18NONCONFORM1032, Change in nonconforming use from a package liquor store to a convenience grocery store, be APPROVED. The Board further finds the new nonconforming use (convenience grocery) is in the same or more restrictive classification than current nonconforming use (package liquor store), and the new nonconforming use (convenience grocery) will be no more odious or offensive to surrounding properties than the current nonconforming use (package liquore store). The motion carried by the following vote: Yes: 5- Buttorff, Turner, Howard, Leanhart, and Fishman Absent: 1- Young Louisville Metro Government Page 13 Board of Zoning Adjustment Action Summary December 3, 2018 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 Joe Haberman, Planning & Design Manager, stated staff wanted to clarify why Case Number 18APPEAL1001 was not on the agenda. Mr. Haberman stated this was an appeal that was deferred to see if staff and the appellant could work things out. Mr. Haberman stated they had a new survey performed which resolved one of the outstanding issues. Mr. Haberman stated they withdrew the Appeal so it didn't need to be on the agenda, and the Board does not need to take any action. Mr. Haberman stated if the Board is curious, there were some other violations and they accepted the NOV. Case Number 18APPEAL1001 was WITHDRAWN, therefore, no vote or action was taken. Adjournment Prior to adjournment, Chair Fishman reminded everyone the holiday luncheon will be 12/17/18 at noon. Joe Haberman advised the Board Members that Metro Council has appointed the new Board Member, so we will have a new member maybe at the next meeting. John Carroll stated her name is Lindsey Jagoe. Mr. Haberman advised the Short Term Rental requirements are going to be considered at Thursday's Planning Commission meeting which will begin at 1:00 p.m. Mr. Haberman stated this item will be last on the agenda and will not be heard before 3:00 p.m. Louisville Metro Government Page 14