Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W Liberty Street Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, October 28, 2019 1:00 PM Old Jail Auditorium THIS IS CONSIDERED A SPECIAL MEETING Call To Order Present: 5- Board Member Richard Buttorff, Board Member LiAndrea Goatley, Board Member Kim Leanhart, Board Member Lester Turner Jr., and Board Member Lula Howard Absent: 1- Board Member Lindsey Jagoe Approval Of Minutes 1. BOZA_Minutes_10.21.19 Approval of the Minutes from the October 21, 2019 Board of Zoning Adjustment meeting. A motion was made by Board Member Turner, seconded by Board Member Goatley, that the Minutes from the October 21, 2019 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Goatley, Leanhart, Turner, and Howard Absent: 1- Jagoe Public Hearing 2. 19-CUP-0057 Request: NOT TO BE HEARD TODAY; CASE WITHDRAWN FOR LACK OF OWNER CONSENT Conditional Use Permit for Transitional Housing Project Name: 1833 Transitional Housing Location: 1833 Date Street Owner/Applicant: Kristy Love Foundation Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Beth Jones, AICP, Planner II Case Number 19-CUP-0057 was WITHDRAWN; therefore, no vote or action was taken. Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary October 28, 2019 3. 19-VARIANCE-0049 Request: Sign Authorization (19-SIGNAUTH-0001) and Variances (19 -VARIANCE-0049) Project Name: Lou City Signs Location: 350 Adams Street Owner: Louisville City Stadium LLC Applicant: Reuff Sign Company 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 Buttorff, that Case Number 19-VARIANCE-0049, Variances for Size of Signs and Number of Signs, be APPROVED, SUBJECT to Conditions of Approval. The motion carried by the following vote: Yes: 5- Buttorff, Goatley, Leanhart, Turner, and Howard Absent: 1- Jagoe A motion was made by Board Member Leanhart, seconded by Board Member Buttorff, that Case Number 19-VARIANCE-0049 (19-SIGNAUTH-0001), Sign Authorization to permit an Exceptional Sign, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Goatley, Leanhart, Turner, and Howard Absent: 1- Jagoe 4. 19-VARIANCE-0051 Request: Sign variance (19-VARIANCE-0051) and waivers (19-WAIVER- 0067) Project Name: The Ivy Location: 13651 Aragon Way Owner/Applicant: VOC Phase I Owner LLC Representative: Bardenwerper Talbott & Roberts LLC Jurisdiction: Louisville Metro Council District: 19 - Anthony Piagentini Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Turner, seconded by Board Member Goatley, that Case Number 19-VARIANCE-0051, two Variances to permit attached signs for a residential use in a Neighborhood Form District to exceed the maximum permitted size of 12 sq. ft., be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Goatley, Leanhart, Turner, and Howard Absent: 1- Jagoe Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary October 28, 2019 A motion was made by Board Member Turner, seconded by Board Member Leanhart, that Case Number 19-VARIANCE-0051 (19-WAIVER-0067), Waiver to permit two attached signs per street for a residential use in a Neighborhood Form District where one sign is permitted, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Goatley, Leanhart, Turner, and Howard Absent: 1- Jagoe 5. 19-CAT3-0015 Request: Category 3 Development Plan with Waivers and a Variance Project Name: CVS Pharmacy Location: 404 E Broadway Owner: Five Star Development Applicant: Foresite Group Representative: Frost Brown Tood Jurisdiction: Louisville Metro Council District: 4- Barbara Sexton Smith Case Manager: Jay Luckett, AICP, Planner I The Board of Zoning Adjusment, by general consensus, agreed to Table Case Number 19-CAT3-0015 to later in the docket to allow the applicant's representative an opportunity to discuss proposed changes to the street wall with the applicant. A motion was made by Board Member Leanhart, seconded by Board Member Goatley, that Case Number 19-CAT3-0015 (19-VARIANCE-0034), Variance to allow the structure to exceed the 0 foot front setback by 2 feet and the 0 foot street side setback by up to 9.2 feet, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Goatley, Leanhart, Turner, and Howard Absent: 1- Jagoe A motion was made by Board Member Leanhart, seconded by Board Member Goatley, that Case Number 19-CAT3-0015 (19-WAIVER-0044), Waiver to not maintain a 3 story street wall for the length of each lot frontage, Waiver to not maintain a street wall along the entire length of the lot frontage, and Waiver to allow parking that is not entirely behind the principle structure, be APPROVED, SUBJECT to Conditions of Approval. The motion carried by the following vote: Yes: 5- Buttorff, Goatley, Leanhart, Turner, and Howard Absent: 1- Jagoe A motion was made by Board Member Leanhart, seconded by Board Member Goatley, that Case Number 19-CAT3-0015, Category 3 Development Plan, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Goatley, Leanhart, Turner, and Howard Absent: 1- Jagoe Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary October 28, 2019 6. 19-VARIANCE-0024 Request: Rear Setback Variance Project Name: Former K-Mart Plaza Location: 3911 Taylorsville Rd Owner: Triple M Investment Applicant: Triple M Investments Representative: BTM Engineering Jurisdiction: Louisville Metro Council District: 26- Brent Ackerson Case Manager: Jay Luckett, AICP, Planner I A motion was made by Board Member Leanhart, seconded by Board Member Buttorff, that Case Number 19-VARIANCE-0024, Variance to allow a proposed loading dock and other building additions to encroach into the 50 foot rear yard and side yards as shown on the development plan, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Goatley, Leanhart, Turner, and Howard Absent: 1- Jagoe 7. 19-VARIANCE-0048 Request: Variance to allow an existing fence to exceed 4 feet in height in the street side yard. Project Name: Fence Height Location: 211 Harpers Ferry Road Owner/Applicant/Host: Orestes Perez Jurisdiction: Louisville Metro Council District: 13 - Mark Fox Case Manager: Steve Hendrix, Planning & Design Coordinator A motion was made by Board Member Goatley, seconded by Board Member Turner, that Case Number 19-VARIANCE-0048, Variance to allow an existing fence to exceed four feet in height in the street side yard, be APPROVED. The motion carried by the following vote: Yes: 4- Goatley, Leanhart, Turner, and Howard No: 1- Buttorff Absent: 1- Jagoe Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary October 28, 2019 8. 19-VARIANCE-0042 Request: Variance for a garage to encroach into the rear setback Project Name: Kennison Ave. Variance Location: 3917 Kennison Avenue Owner/Applicant: Kurt Hampe Jurisdiction: City of St. Matthews Council District: 9 - Bill Hollander Case Manager: Zach Schwager, Planner I A motion was made by Board Member Buttorff, seconded by Board Member Goatley, that Case Number 19-VARIANCE-0042, Variance from City of St. Matthews Development Code Section 9.2.Q to allow an accessory structure to encroach into the required rear yard setback, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Goatley, Leanhart, Turner, and Howard Absent: 1- Jagoe 9. 19-VARIANCE-0045 Request: Variance to allow a private yard area to be less than the required 20% of the area of a lot Project Name: Park Avenue Variance Location: 621 Park Avenue Owner: Claudia Brisson & Norbert Bogart Applicant: Anne Del Prince - Del Prince Designs, LLC Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Zach Schwager, Planner I A motion was made by Board Member Turner, seconded by Board Member Buttorff, that Case Number 19-VARIANCE-0045, Variance to allow a private yard area to be less than the required 20% of the area of a lot, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Goatley, Leanhart, Turner, and Howard Absent: 1- Jagoe Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary October 28, 2019 10. 19-VARIANCE-0047 Request: Variance for a porch to encroach into the required side and rear yard setbacks Project Name: Samara Drive Variance Location: 4601 Samara Drive Owner/Applicant: Sophia Jacinto Jurisdiction: Louisville Metro Council District: 2 - Barbara Shanklin Case Manager: Zach Schwager, Planner I A motion was made by Board Member Leanhart, seconded by Board Member Goatley, that Case Number 19-VARIANCE-0047, Variance to allow a structure to encroach into the required side yard setback, be APPROVED, SUBJECT to a Condition of Approval. The Board find that the setback for the rear yard is met; therefore, no variance is required for the rear yard setback, unless the survey required by the Condition of Approval proves differently. The motion carried by the following vote: Yes: 5- Buttorff, Goatley, Leanhart, Turner, and Howard Absent: 1- Jagoe 11. 19-VARIANCE-0052 Request: Variance for an addition to an existing single-family residence to encroach into the required side yard setback Project Name: Winter Avenue Variance Location: 1314 Winter Avenue Owner/Applicant: Lauren Winfield Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Zach Schwager, Planner I A motion was made by Board Member Buttorff, seconded by Board Member Goatley, that Case Number 19-VARIANCE-0052, Variance to allow a structure to encroach into the required side yard setback, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Goatley, Leanhart, Turner, and Howard Absent: 1- Jagoe Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary October 28, 2019 12. 19-VARIANCE-0053 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 Variance Location: 1148 S. Brook Street Owner/Applicant: Kathlyn Lewis Jurisdiction: Louisville Metro Council District: 21 - Nicole George Case Manager: Zach Schwager, Planner I A motion was made by Board Member Leanhart, seconded by Board Member Goatley, that Case Number 19-VARIANCE-0053, Variance to allow a private yard area to be less than the required 30% of the arae of a lot, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Goatley, Leanhart, Turner, and Howard Absent: 1- Jagoe 13. 19-CUP-0166 Request: Conditional use permit for an accessory apartment Project Name: Nassau Lane Accessory Apartment Location: 12505 Nassau Lane Owner/Applicant: Gary Huntoon Jurisdiction: City of Middletown Council District: 19 - Anthony Piagentini Case Manager: Zach Schwager, Planner I A motion was made by Board Member Leanhart, seconded by Board Member Goatley, that Case Number 19-CUP-0166, Conditional Use Permit for an Accessory Apartment, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Goatley, Leanhart, Turner, and Howard Absent: 1- Jagoe 14. 19-APPEAL-0002 Request: THIS CASE WILL NOT BE HEARD BEFORE 2:30 P.M. Appeal of an Administrative Decision Project Name: Beecher Street Appeal Location: 500 Beecher Street Appellant: Charlene B. Satori Jurisdiction: Louisville Metro Council District: 15 - Kevin Triplett Case Manager: Chris French, AICP, Planning and Design Supervisor A motion was made by Board Member Buttorff, seconded by Board Member Goatley, that Case Number 19-APPEAL-0002, Appeal of an Administrative Decision, be DENIED. The Board finds that nonconforming rights did exist for a Tavern/Bar/Saloon in 1972. The motion carried by the following vote: Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary October 28, 2019 Yes: 5- Buttorff, Goatley, Leanhart, Turner, and Howard Absent: 1- Jagoe A motion was made by Board Member Goatley, seconded by Board Member Buttorff, that Case Number 19-APPEAL-0002, Appeal of an Administrative Decision, be DENIED. The Board finds that nonconforming rights for a Tavern/Bar/Saloon were not abandoned. The motion carried by the following vote: Yes: 4- Buttorff, Goatley, Leanhart, and Howard No: 1- Turner Absent: 1- Jagoe Adjournment Louisville Metro Government Page 8