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Board of Zoning Adjustment

Regular Meeting

Louisville, KY · April 20, 2020

AgendaMinutes

Minutes

Online Via Webex Louisville Metro Government Action Summary Board of Zoning Adjustment Monday, April 20, 2020 1:00 PM Online Via Webex Meeting run via Cisco Webex Video Teleconferencing On the recommendation of the Louisville Metro Department of Public Health & Wellness regarding congregate events and social distancing, and as permitted by Commonwealth of Kentucky Senate Bill 150, the regularly scheduled April 20, 2020 Board of Zoning Adjustment meeting was held online. Call To Order Present: 5- Board Member Richard Buttorff, Board Member LiAndrea Goatley, Board Member Lindsey Jagoe, Board Member Michael Seale, and Board Member Lula Howard Absent: 2- Board Member Lester Turner Jr., and Board Member Kim Leanhart Approval Of Minutes 1. 040620_BOZA_Minutes Approval of the Minutes from the April 6, 2020 Board of Zoning Adjustment meeting A motion was made by Board Member Goatley, seconded by Board Member Seale, that the Minutes from the April 6, 2020 Board of Zoning Adjustment online meeting be APPROVED. The motion carried by the following vote: Yes: 4- Goatley, Jagoe, Seale, and Howard Absent: 2- Turner, and Leanhart Abstain: 1- Buttorff Business Session Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary April 20, 2020 2. 20-MCUP-0002 Request: Modified Conditional Use Permit Project Name: Stor All Cane Run Road - Building 9 Location: 4100 Cane Run Road Owner: James S. Womack, Stor All Cane Run Road SPE, LLC Applicant: James S. Womack Jurisdiction: Louisville Metro Council District: 1 - Jessica Green Case Manager: Lacey Gabbard, AICP, Planner I NOTE: Board Member Leanhart joined the meeting after the Approval of Minutes. A motion was made by Board Member Seale, seconded by Board Member Goatley, that Case Number 20-MCUP-0002, Modified Conditional Use Permit, be APPROVED. The motion carried by the following vote: Yes: 6- Buttorff, Goatley, Jagoe, Seale, Leanhart, and Howard Absent: 1- Turner 3. 20-MCUP-0003 Request: Modified Conditional Use Permit for observation and surgery waiting areas Project Name: Baptist Health Louisville Location: 4000 Kresge Way Owner/Applicant: Baptist Healthcare System, Inc. Jurisdiction: St. Matthews Council District: 26 - Brent Ackerson Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Goatley, seconded by Board Member Seale, that Case Number 20-MCUP-0003, Modified Conditional Use Permit for observation and surgery waiting areas, be APPROVED, SUBJECT to two Conditions of Approval. The motion carried by the following vote: Yes: 6- Buttorff, Goatley, Jagoe, Seale, Leanhart, and Howard Absent: 1- Turner Public Hearing Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary April 20, 2020 4. 20-VARIANCE-0020 Request: Variance to allow a principle structure to encroach into the side yard setback Project Name: Rosewood Variance Location: 1623 Rosewood Avenue Owner(s): Douglas Meisel & Jessica Kingsley Applicant: Charlie Williams Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Nia Holt, Planner I A motion was made by Board Member Leanhart, seconded by Board Member Goatley, that Case Number 20-VARIANCE-0020, Variance to allow a principle structure to encroach into the side yard setback, be APROVED. The motion carried by the following vote: Yes: 6- Buttorff, Goatley, Jagoe, Seale, Leanhart, and Howard Absent: 1- Turner 5. 20-VARIANCE-0012 Request: Sign variance and landscape buffer waivers Project Name: Southwest Town Center Outlot Location: 9050 Dixie Highway Owner: William Wagner, Blanding Partners, LLC Applicant: William Wagner, Blanding Partners, LLC Jurisdiction: Louisville Metro Council District: 14 - Cindi Fowler Case Manager: Lacey Gabbard, AICP, Planner I A motion was made by Board Member Leanhart, seconded by Board Member Goatley, that Case Number 20-VARIANCE-0012 (20-WAIVER-0001), Waiver from Land Development Code Section 10.2 to allow parking to encroach into the VUA buffer, and Waiver from Land Development Code Section 10.2.4.B.3 to allow the landscape buffer on Dixie Highway to overlap an easement by more than 50%, be APPROVED. The motion carried by the following vote: Yes: 6- Buttorff, Goatley, Jagoe, Seale, Leanhart, and Howard Absent: 1- Turner A motion was made by Board Member Leanhart, seconded by Board Member Goatley, that Case Number 20-VARIANCE-0012, Variance from Land Development Code Table 8.3.2 to allow a proposed sign to exceed the maximum height and area, be APPROVED. The motion carried by the following vote: Yes: 6- Buttorff, Goatley, Jagoe, Seale, Leanhart, and Howard Absent: 1- Turner Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary April 20, 2020 6. 20-VARIANCE-0007 Request: Variance to allow an existing structure to encroach into a proposed side yard setback. The applicant has submitted a minor plat to shift a side property line that will create a nonconforming side yard setback for the existing principal structure Project Name: Warren Road Variance Location: 48 Warren Road Owner: Katrina Graves Applicant: Richard Matheny - Cardinal Surveying Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Zach Schwager, Planner I A motion was made by Board Member Leanhart, seconded by Board Member Seale, that Case Number 20-VARIANCE-0007, Variance from Land Development Code Table 5.3.1 to allow a structure to encroach into the required side yard setback, be APPROVED, SUBJECT to one Condition of Approval. The motion carried by the following vote: Yes: 6- Buttorff, Goatley, Jagoe, Seale, Leanhart, and Howard Absent: 1- Turner 7. 20-VARIANCE-0015 Request: Variance to allow an addition and an accessory structure to encroach into the infill front yard setback and waivers to allow an accessory structure to not be set back 20 ft. from the front of the principal structure and to allow parking in the public realm Project Name: Ransdell Avenue Variance and Waivers Location: 2530 Ransdell Avenue Owner: 2019 Ransdell Avenue Trust Applicant: Lindsey Stoughton - LMS Design Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Zach Schwager, Planner I A motion was made by Board Member Goatley, seconded by Board Member Leanhart, that Case Number 20-VARIANCE-0015, Variance from Land Development Code Section 5.1.12.a to allow a principle structure addition and an accessory structure to encroach into the required infill front yard setback, be APPROVED. The motion carried by the following vote: Yes: 6- Buttorff, Goatley, Jagoe, Seale, Leanhart, and Howard Absent: 1- Turner Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary April 20, 2020 A motion was made by Board Member Goatley, seconded by Board Member Seale, that Case Number 20-VARIANCE-0015 (20-WAIVER-0018), Waiver from Land Development Code Section 5.4.1.C.4 to allow a detached garage to not be setback 20 ft. from the front facade of the principle structure, and (20-WAIVER-0019) Waiver from Land Development Code Section 5.4.1.B.1.e to allow parking in the public realm that does not lead to a garage or rear yard parking area, be APPROVED. The motion carried by the following vote: Yes: 6- Buttorff, Goatley, Jagoe, Seale, Leanhart, and Howard Absent: 1- Turner 8. 20-VARIANCE-0021 Request: Variance to allow a structure to encroach into the infill front yard setback Project Name: Cane Run Road Variance Location: 4231 Cane Run Road Owner: JMAN LLC Applicant: Derek Triplett - Land Design and Development, Inc. Jurisdiction: Louisville Metro Council District: 1 - Jessica Green Case Manager: Zach Schwager, Planner I A motion was made by Board Member Leanhart, seconded by Board Member Goatley, that Case Number 20-VARIANCE-0021, Variance from Land Development Code Section 5.1.12.B.2.a and 5.5.5.A.1 to allow a principle structure to exceed the maximum infill front yard setback and an accessory structure to encroach into the required infill front yard setback, be APPROVED. The motion carried by the following vote: Yes: 6- Buttorff, Goatley, Jagoe, Seale, Leanhart, and Howard Absent: 1- Turner Adjournment Louisville Metro Government Page 5

Agenda

Online Via Webex Louisville Metro Government Agenda Board of Zoning Adjustment Monday, April 20, 2020 1:00 PM Online Via Webex Meeting run via Cisco Webex Video Teleconferencing On the recommendation of the Louisville Metro Department of Public Health & Wellness regarding congregate events and social distancing, the regularly scheduled Board of Zoning Adjustment meeting set for 1:00 p.m. on April 20, 2020, is being held online. You will need to join the meeting using a computer, laptop or mobile device with the link below: Meeting Link: https://louisvilleky.webex.com/louisvilleky/j.php? MTID=m42ed2b67baab07f2ad6f689721511153 Meeting number (access code if needed): 479 296 070 Meeting password (if needed): BOZA04202020 Join by phone Call in from a mobile device (attendees only) +1-415-655-0001 US Toll Anyone wishing to speak in support, opposition, or as other for any case are encouraged to pre-register by completing the Public Hearing Speakers Request form available at the following link: https://louisvilleky.gov/planning-design/forms/louisville-metro-planning-design-services-public-hea ring-speakers-request Pre-registered speakers will be allowed to speak prior to any unregistered speakers during the hearing. If you wish to submit comments for any of the agenda items please submit them in writing to the listed case manager by 5:00 P.M. Friday, April 17, 2020. Participants and residents are strongly encouraged to join the meeting virtually. However, to accommodate those with limited technology access, people can also view and participate in the meeting in the first-floor conference room of the Metro Development Center, 444 S. Fifth St., Louisville, KY 40202. If social distancing cannot be adequately maintained because of the number of people who want to speak on a specific case, that case will be continued. We are making every effort to contact members of the community and applicants to inform them of this decision. However, if you know of persons planning to attend to address a particular agenda item, please help us spread the word. If you have questions, please contact the case manager, or call Develop Louisville at 502-574-6230. Louisville Metro Government Page 1 Printed on 4/15/2020 Board of Zoning Adjustment Agenda April 20, 2020 Call To Order Approval Of Minutes 1. 040620_BOZA_Minutes Business Session 2. 20-MCUP-0002 Request: Modified Conditional Use Permit Project Name: Stor All Cane Run Road - Building 9 Location: 4100 Cane Run Road Owner: James S. Womack, Stor All Cane Run Road SPE, LLC Applicant: James S. Womack Jurisdiction: Louisville Metro Council District: 1 - Jessica Green Case Manager: Lacey Gabbard, AICP, Planner I 3. 20-MCUP-0003 Request: Modified Conditional Use Permit for observation and surgery waiting areas Project Name: Baptist Health Louisville Location: 4000 Kresge Way Owner/Applicant: Baptist Healthcare System, Inc. Jurisdiction: St. Matthews Council District: 26 - Brent Ackerson Case Manager: Jon E. Crumbie, Planning & Design Coordinator Public Hearing 4. 20-VARIANCE-0020 Request: Variance to allow a principle structure to encroach into the side yard setback Project Name: Rosewood Variance Location: 1623 Rosewood Avenue Owner(s): Douglas Meisel & Jessica Kingsley Applicant: Charlie Williams Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Nia Holt, Planner I Louisville Metro Government Page 2 Printed on 4/15/2020 Board of Zoning Adjustment Agenda April 20, 2020 5. 20-VARIANCE-0012 Request: Sign variance and landscape buffer waivers Project Name: Southwest Town Center Outlot Location: 9050 Dixie Highway Owner: William Wagner, Blanding Partners, LLC Applicant: William Wagner, Blanding Partners, LLC Jurisdiction: Louisville Metro Council District: 14 - Cindi Fowler Case Manager: Lacey Gabbard, AICP, Planner I 6. 20-VARIANCE-0007 Request: Variance to allow an existing structure to encroach into a proposed side yard setback. The applicant has submitted a minor plat to shift a side property line that will create a nonconforming side yard setback for the existing principal structure Project Name: Warren Road Variance Location: 48 Warren Road Owner: Katrina Graves Applicant: Richard Matheny - Cardinal Surveying Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Zach Schwager, Planner I 7. 20-VARIANCE-0015 Request: Variance to allow an addition and an accessory structure to encroach into the infill front yard setback and waivers to allow an accessory structure to not be set back 20 ft. from the front of the principal structure and to allow parking in the public realm Project Name: Ransdell Avenue Variance and Waivers Location: 2530 Ransdell Avenue Owner: 2019 Ransdell Avenue Trust Applicant: Lindsey Stoughton - LMS Design Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Zach Schwager, Planner I Louisville Metro Government Page 3 Printed on 4/15/2020 Board of Zoning Adjustment Agenda April 20, 2020 8. 20-VARIANCE-0021 Request: Variance to allow a structure to encroach into the infill front yard setback Project Name: Cane Run Road Variance Location: 4231 Cane Run Road Owner: JMAN LLC Applicant: Derek Triplett - Land Design and Development, Inc. Jurisdiction: Louisville Metro Council District: 1 - Jessica Green Case Manager: Zach Schwager, Planner I Adjournment Louisville Metro Government Page 4 Printed on 4/15/2020