Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W Liberty Street Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, June 17, 2019 1:00 PM Old Jail Auditorium Call To Order Present: 5- Board Member Richard Buttorff, Board Member Lula Howard, Board Member Lester Turner Jr., Board Member Kim Leanhart, and Board Member Rosalind Fishman Absent: 2- Board Member Lindsey Jagoe, and Board Member Dwight Young Approval Of Minutes 1. BOZA_Minutes_06.03.19 Approval of the Minutes from the June 3, 2019 Board of Zoning Adjustment meeting. A motion was made by Board Member Howard, seconded by Board Member Buttorff, that the Minutes from the June 3, 2019 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Howard, Turner, Leanhart, and Fishman Absent: 2- Jagoe, and Young Business Session 2. 19VARIANCE1047 Request: Variances to allow a structure to encroach into the required side and front yard setbacks Project Name: Oak Valley Drive Variance Location: 6303 Oak Valley Drive Owner: Victor & Ashley Torres Applicant: Victor Torres Jurisdiction: Louisville Metro Council District: 12 - Rick Blackwell Case Manager: Zach Schwager, Planner I A motion was made by Board Member Howard, seconded by Board Member Turner, that Case Number 19VARIANCE1047, Variance from Land Development Code Table 5.3.1 to allow a structure to encroach into the required side yard setback, and 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: 5- Buttorff, Howard, Turner, Leanhart, and Fishman Absent: 2- Jagoe, and Young Public Hearing Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary June 17, 2019 3. 19VARIANCE1052 Request: Category 3 Plan, Height Variance, Setback Variances, Design Waivers, and Landscape Waiver Project Name: Sports and Learning Complex Location: 3029 W. Muhammad Ali Boulevard Owner: Louisville Metro Government Applicant: Louisville Urban League Jurisdiction: Louisville Metro Council District: 5 - Donna Purvis Case Manager: Julia Williams, AICP, Planning Supervisor A motion was made by Board Member Howard, seconded by Board Member Buttorff, that Case Number 19VARIANCE1052, Variance from Chapter 5.2.5.C.4.B & 5.7.1.B.1 to permit a building height of 63' instead of the required 45' (18' variance), Variance from Chapter 5.5.1.A.3.a to permit parking to encroach approximately 14'+/- into the 25' setback along W. Muhammad Ali and W. Market Street as shown on the development plan, and Variance from Chapter 5.5.1.A.1.a to permit the Phase 1 building to not be within 0' and 5' from the corner of W. Muhammad Ali and S. 30th Street, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Howard, Turner, Leanhart, and Fishman Absent: 2- Jagoe, and Young A motion was made by Board Member Howard, seconded by Board Member Buttorff, that Case Number 19VARIANCE1052, Waiver from Chapter 5.5.1.A.1.a to permit the Phase 1 building to not have a primary entrance along S. 30th Street or have the building be oriented toward a focal point, Waiver from Chapter 5.5.1.A.3.a to permit parking in front of the principal structure as shown on the development plan, Waiver from Chapter 5.5.1.A.3.a to not provide the required 3’ masonry wall along W. Muhammad Ali and W. Market Street, Waiver from Chapter 5.6.1.A, C, and D to not provide animating features along 50% of the S. 30th Street façade, to not provide clear windows and doors along the S. 30th Street façade, and to not vary the roofline, and Waiver from 10.2.12 eliminate the maximum distance between ILAs as shown on the development plan, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Howard, Turner, Leanhart, and Fishman Absent: 2- Jagoe, and Young A motion was made by Board Member Howard, seconded by Board Member Buttorff, that Case Number 19VARIANCE1052, Category 3 Development Plan, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Howard, Turner, Leanhart, and Fishman Absent: 2- Jagoe, and Young Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary June 17, 2019 4. 19VARIANCE1051 Request: Height Variance for a signature entrance sign Project Name: Lynnview Signature Entrance Location: Intersection of Pigeon Pass and Preston Hwy Owner/Applicant: City of Lynnview Jurisdiction: Louisville Metro Council District: 21 - Nicole George Case Manager: Jay Luckett, AICP, Planner I A motion was made by Board Member Leanhart, seconded by Board Member Turner, that Case Number 19VARIANCE1051, Variance from Table 4.4.1 to allow a signature entrance sign to exceed the 5 foot maximum height by up to 5 feet, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Howard, Turner, Leanhart, and Fishman Absent: 2- Jagoe, and Young 5. 19VARIANCE1045 Request: Variance to allow a proposed drive lane and building to encroach into the 25 foot Wetland Buffer Project Name: McDeane Rd Apartments Location: 5618 McDeane Rd Owner: R. Weston Marcum, McDeane Properties LLC Applicant: Gabe Fritz, McDeane Rd LLC by Winterwood Jurisdiction: Louisville Metro Council District: 12 - Rick Blackwell Case Manager: Lacey Gabbard, AICP, Planner I A motion was made by Board Member Howard, seconded by Board Member Buttorff, that Case Number 19VARIANCE1045, Variance from Land Development Code Section 4.8.5 to allow a proposed drive lane and a portion of Building 5 to encroach into the 25 foot Wetland Buffer, be APPROVED. The motion carried by the following vote: Yes: 4- Buttorff, Howard, Turner, and Fishman Absent: 2- Jagoe, and Young Abstain: 1- Leanhart Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary June 17, 2019 6. 19VARIANCE1041 Request: Variance to allow an addition to encroach into the minimum allowed infill street side yard setback Project Name: Gilliland Road Variance Location: 301 Gilliland Road Owner: Howard Davenport Applicant: Charlie Williams - Charlie Williams Design, Inc. Jurisdiction: Louisville Metro Council District: 19 - Anthony Piagentini Case Manager: Zach Schwager, Planner I A motion was made by Board Member Howard, seconded by Board Member Buttorff, that Case Number 19VARIANCE1041, Variance from Land Development Code Section 5.1.12.B.2.e.i to allow an addition to encroach into the minimum allowed infill street side yard setback, be DENIED. The motion carried by the following vote: Yes: 4- Buttorff, Howard, Turner, and Leanhart No: 1- Fishman Absent: 2- Jagoe, and Young 7. 19VARIANCE1042 Request: Variances to allow a structure to encroach into the required side yard setback and a private yard area to be less than the required 30% of the area of a lot Project Name: Cherokee Parkway Variance Location: 2211 Cherokee Parkway Owner: G. Walter Christopherson Applicant: Charlie Williams - Charlie Williams Design, Inc. Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Zach Schwager, Planner I A motion was made by Board Member Leanhart, seconded by Board Member Howard, that Case Number 19VARIANCE1042, Variance from Land Development Code Table 5.2.2 to allow a structure to encroach into the required side yard setback, and 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: 5- Buttorff, Howard, Turner, Leanhart, and Fishman Absent: 2- Jagoe, and Young Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary June 17, 2019 8. 19VARIANCE1043 Request: Variances to allow a structure to encroach into the required side yards and rear yard setbacks Project Name: Everett Avenue Variance Location: 1266 Everett Avenue Owner: Adam Turla & Sarah Balliet Applicant: Charlie Williams - Charlie Williams Design, Inc. Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Zach Schwager, Planner I A motion was made by Board Member Leanhart, seconded by Board Member Buttorff, that Case Number 19VARIANCE1043, Variance from Land Development Code Table 5.2.2 to allow a structure to enroach into the required western side yard setback, Variance from Land Development Code Table 5.2.2 to allow a structure to encroach into the required eastern side yard setback, and Variance from Land Development Code Table 5.2.2 to allow a structure to encroach into the required rear yard setback, be APPROVED, SUBJECT to the following Condition of Approval: Condition of Approval: 1. A survey of the southern property line shall be completed prior to the commencement of construction activity and shall be staked in the field. No projections from the façade or building foundation shall cross the property line; any such projections shall be accommodated by stepping back the proposed structure from the property line. The motion carried by the following vote: Yes: 5- Buttorff, Howard, Turner, Leanhart, and Fishman Absent: 2- Jagoe, and Young 9. 19VARIANCE1046 Request: Variance to allow an existing structure to encroach into the required rear yard setback Project Name: Triple Crown Court Variance Location: 12102 Triple Crown Court Owner: Gregory & Deidra Arends Applicant: Danny Wilkerson - Champion Window Jurisdiction: City of Middletown Council District: 20 - Stuart Benson Case Manager: Zach Schwager, Planner I A motion was made by Board Member Howard, seconded by Board Member Buttorff, that Case Number 19VARIANCE1046, Variance from City of Middletown Development Code Table 5.3.1 to allow a structure to encroach into the required rear yard setback, be APPROVED. The motion carried by the following vote: Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary June 17, 2019 Yes: 4- Buttorff, Howard, Turner, and Leanhart No: 1- Fishman Absent: 2- Jagoe, and Young 10. 19WAIVER1025 Request: Sign Authorization for attached and projecting signage on a multi-family residential building in the Regional Center Form District Project Name: Simcoe Lane Sign Authorization Location: 4201 Simcoe Lane Owner: Flats at Springhurst, LLC Applicant: Jon Baker - Wyatt, Tarrant & Combs, LLP Jurisdiction: Louisville Metro Council District: 17 - Markus Winkler Case Manager: Zach Schwager, Planner I A motion was made by Board Member Howard, seconded by Board Member Buttorff, that Case Number 19WAIVER1025, Sign Authorization from Section 8.4.1.C.3 for attached and projecting signage on a multi-family residential building in the Regional Center Form District, be APPROVED, SUBJECT to the following Condition of Approval: Condition of Approval: 1. The sign on the facade facing south on Simcoe Lane shall not be illuminated. The motion carried by the following vote: Yes: 5- Buttorff, Howard, Turner, Leanhart, and Fishman Absent: 2- Jagoe, and Young Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary June 17, 2019 11. 19CUP1057 Request: Modification of a Conditional Use Permit, nursing home to a Senior Care Facility (assisted living and memory care) with a canopy, port cochere, parking reconfiguration and two interior patios Project Name: Modification Location: 9701 Whipps Mill Road Owner: Creekside Whips Mill, LLC. Applicant: Blomquist Design Group, LLC. Jurisdiction: Louisville Metro Council District: 7 - Paula McCraney Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Leanhart, seconded by Board Member Turner, that Case Number 19CUP1057, Modification of a Conditional Use Permit allowing a nursing home to a Senior Care facility with construction of a new canopy and a port cochere, reconfiguration of the parking lot and the creation of two interior patios, 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 senior care facility without further review and approval by the Board. The motion carried by the following vote: Yes: 5- Buttorff, Howard, Turner, Leanhart, and Fishman Absent: 2- Jagoe, and Young Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary June 17, 2019 12. 19CUP1074 Request: Modification of a Conditional Use Permit that allows a Commercial Kennel Project Name: Modification Location: 7924 Vine Crest Avenue Owner: Golden Retriever Rescue & Adoption of Needy Dogs. Inc. Applicant: Heritage Engineering Jurisdiction: City of Lyndon Council District: 7 - Paula McCraney Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Leanhart, seconded by Board Member Buttorff, that Case Number 19CUP1074, Modification of a Conditional Use Permit that allows a commercial kennel in an R-4 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 a commercial kennel without further review and approval by the Board. The motion carried by the following vote: Yes: 5- Buttorff, Howard, Turner, Leanhart, and Fishman Absent: 2- Jagoe, and Young Louisville Metro Government Page 8 Board of Zoning Adjustment Action Summary June 17, 2019 13. 19CUP1061 Request: Modified Conditional Use Permit and Variance Project Name: Assumption High School Location: 2140 Tyler Lane Owner/Applicant: Assumption High School, Inc. Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Howard, seconded by Board Member Leanhart, that Case Number 19CUP1061, Modified Conditional Use Permit to allow the expansion of an existing off-street parking area, 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 off-street parking without further review and approval by the Board. The motion carried by the following vote: Yes: 5- Buttorff, Howard, Turner, Leanhart, and Fishman Absent: 2- Jagoe, and Young A motion was made by Board Member Howard, seconded by Board Member Buttorff, that Case Number 19CUP1061, Variance to allow proposed structure to exceed the maximum height requirement be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Howard, Turner, Leanhart, and Fishman Absent: 2- Jagoe, and Young Louisville Metro Government Page 9 Board of Zoning Adjustment Action Summary June 17, 2019 14. 18CUP1053 Request: Conditional Use Permit for a short term rental of a duplex that is not the primary residence of the host Project Name: Short Term Rental Location: 909 East Washington Street Owner/Applicant: Brad Titzer Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Buttorff, seconded by Board Member Leanhart, that Case Number 18CUP1053, Conditional Use Permit to allow short term rental of a duplex that is not the primary residence of the host in an R-6 Zoning District and Traditional Neighborhood Form District, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Howard, Turner, Leanhart, and Fishman Absent: 2- Jagoe, and Young 15. 18CUP1207 Request: Conditional Use Permit for a short-term rental of a dwelling unit that is not the primary residence of the host Project Name: Boyle Short Term Rental Location: 1240 Boyle Street Owner/Applicant: Karen and Ken Sumner Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Buttorff, seconded by Board Member Leanhart, that Case Number 18CUP1207, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the owner in an R-6 Zoning District and Traditional Neighborhood Form District, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Howard, Turner, Leanhart, and Fishman Absent: 2- Jagoe, and Young Louisville Metro Government Page 10 Board of Zoning Adjustment Action Summary June 17, 2019 16. 18CUP1209 Request: Conditional Use Permit for short term rental of a dwelling unit not the primary residence of the host Project Name: S. 2nd Street Short Term Rental Location: 4117 S. 2nd Street Owner/Applicant: Turner Homes LLC Host: David Orange Jurisdiction: Louisville Metro Council District: 15 - Kevin Triplett Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Leanhart, seconded by Board Member Buttorff, that Case Number 18CUP1209, 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 Condition of Approval: Condition of Approval: 1. Before the subject dwelling unit may be used for short-term rental purposes, the applicant will improve the existing parking area at the rear of the property, accessible from the rear alley, with a hard and durable surface sufficient to accommodate parking for three vehicles. This parking area shall be required to meet all applicable Metro regulations and shall be inspected and approved by staff prior to use. The motion carried by the following vote: Yes: 5- Buttorff, Howard, Turner, Leanhart, and Fishman Absent: 2- Jagoe, and Young Adjournment Prior to adjournment, Joe Haberman, Planning & Design Manager, reminded the Board Members there will be two meetings on July 8, 2019. There will be a Special Meeting at 9:00 a.m., exclusively for short term rental applications, then the regular meeting will begin at 1:00 p.m. Louisville Metro Government Page 11