Planning Committee - Regular Meeting

Good afternoon. This is the regular meeting of the Louisville Metro Board of Zoning Adjustment to hear cases as advertised and documented for hearing today. Public notice has been provided and materials have been made available for review by the public. The following rules are in place for today's meeting. Please silence all cell phones. Please be courteous and respectful to the board and your fellow citizens. For those participating virtually, chat messages are not part of the record and not monitored by all members. Please refrain from sending messages to the panel. If you have any questions or would like to speak on a case, you may send messages to the host. Today's proceedings are being recorded. Anyone wishing to address the board must do so from the podium or virtually. There are time limits and effect for today's meeting. The applicant or their representative shall have no more than 15 minutes for their presentation. Other persons in favor of the application shall have a total of no more than three minutes per person. The opposition representative shall have a total of no more than 15 minutes for their presentation. Other persons opposed to the application shall have a total of no more than three minutes per person. Rebuttal by the applicant or their representative shall be no more than five minutes. If you plan on speaking, please fill out a speaker's form as soon as possible. Those participating virtually must notify the host if they would like to speak. Priority shall be given to speaker cards in the order that they are received. Only those who have completed the speaker's form will be allowed to speak. Procedure shall be as follows. Staff will present a summary of the request, The applicant or representative will make a statement or presentation giving reasons for the request. Other persons in favor of the proposal will be heard. The opposition representative will be heard. Those opposed to the proposal will then be heard. The applicant or their representative will then have an opportunity for rebuttal of the opposition's testimony. No new testimony shall be given during rebuttal. If there are further questions by the opposition after rebuttal, please fill out a form provided. The board may ask questions of the applicant, representative, or opposition at any time. Pursuant to KRS Chapter 61 and the board bylaws, the board's deliberations and voting today will be held immediately following the public hearing for each case. No party will be allowed to speak during the deliberations of this board.

Roll call, please.

Horton.

Present.

Ford.

Present.

Louise. Present. Scott.

Present.

Bond.

Present. We have a quorum. All right, staff, would you stand so that I can swear you in? Raise your right hands. Do you swear that the testimony you're about to give today is the truth?

Yes.

Thank you. First item on the agenda is approval of the minutes from the June 29th, 2026 board of zoning adjustment meeting members. Have you had an opportunity to review the minutes? Are there any revisions? Is there a motion regarding the minutes approval minutes? Yes.

Yes. I'd like to make a motion to approve the minutes of the meeting of 629 of 26 and to approve those minutes.

Thank you. Is there a 2nd 2nd for. It's been properly moved and seconded to approve the minutes from the June 29th board of zoning adjustment meeting roll call please.

Yes, 4. Yes, Louise. Yes, Scott.

Yes.

Born.

Yes, the minutes are approved. Next item on the agenda, and I will note that we have no business session items for this meeting. Uh, next item on the agenda is number 2, public hearing 26 variance. 0, 0, 8, 5.

Good afternoon Abby bills off as a planning staff for for for South history, Louisville, Kentucky, 402 to this is case 26 variance 85 at 3304 campground road. The request is a variance from section 5.5.1 of the land development code to allow a proposed building to exceed the maximum front and street side yard setback of 5 feet. The request is 25 feet and 72 feet respectively for a variance of 20 feet and 67 feet. The subject site is approximately point eight acres is owned into industrial and the traditional workplace form district. The site is currently developed as a heavy truck sales lot with no principle structure on the parcel. The applicant is proposing to construct twenty nine two thousand nine hundred and sixty square foot storage building along cane road. This is a zoning map of the parcel as you can see, it's owned into adjacent to easy one and see one. And then this is the aerial view of the parcel. This is a view of the subject property from Cane Road. This is about in the middle of the parcel. And then this is on the side facing Cane Run Road. And then this is a view just from the corner of Campground and Cane Run. These are some adjacent properties across Cane Run Road. And then some adjacent properties across Campground. This is the site plan submitted by the applicant. As you can see, we have the proposed building kind of on the bottom half of the parcel along cane run road access will come from the from campground to the left. And then in red, I just have denoted the maximum setback in order to comply with the regulation. They would have to build the building no further back from both corners than that red line. So, staff finds that the justification for the request is adequate and recommends approval of the variance transportation has provided preliminary approval of the plan and the variance won't alter the character of the general general vicinity. So, your required action is to approve or deny the variance to allow the building to exceed the maximum front yard and street side yard setback of 5 feet.

Any questions for staff, so there's no access from cane run. The only access is. campground is that correct yes that's correct it's existing access i believe okay and this parcel is on an unusually shaped parcel because of the acute angle yes definitely okay all right members any questions thank you abby thank you

Mr. Costa. Let me let me first make sure I don't have any. Okay. Anybody in support?

All right, thank you.

Would you approach the podium, please?

All right, the speaker card that I have says you're speaking in opposition. That is not correct. Is it you're speaking in support of the project? Correct?

Sorry.

Okay, no worries. No worries. Just want to make sure. Okay. Would you give me your name and address?

Okay, sorry. Um, so my name is Elianis Acosta and this is my dad, Reynaldo Acosta. He's the owner of the property.

Okay. And Mr. Acosta's address.

His home address is 9306 Grandstand Court, Louisville, Kentucky 40291.

Thank you. Mr. Costa, would you raise your right hand? And I'll swear you both in. Do you swear that the testimony you're about to give today is the truth? Yes. Thank you. Please proceed. What would you like the board to know?

Um, so what we want the board to know is that the building that we're building in the area we want to do it. We believe is better there since we have, like, the property has like a shape corner. And in that area, there's, like, a lot of semi trucks that they turn and they grow, they go, like, on top of our properties. So basically, when they turn, they, they cross our property lines. And I believe that that can be a safety issue for our building. Oh, and there's also, like, an electrical pole, electric pole.

There's a utility pole. Uh huh. And where is that poll?

It's in the shape of in the corner.

Can we see the plan, please?

So the poll you're speaking of is where?

Right there.

Okay.

Okay.

And when the trucks turn, make that turn near the property, where is the area of concern?

Like right in the in the corner.

Okay. Okay. Continue, please.

And this business is an existing business, so the storage building that we're adding is going to be for the existing business. It's not a new business.

Okay. All right. And there are no buildings on the site now, is that correct?

Right. Like on the 3304 Campground Road, there's no building.

Okay. Okay. Members any questions for the applicant.

Yes, thank you. Um, which is the primary entrance? I can't see from here. Exactly.

It's where I am grow campground road is on the street campground road.

Okay.

On the long entrance.

Yeah.

Okay. Thank you. Just on the trucks that are on the public highway, do they come around the telephone or the utility pole, or do they come actually onto your property through your parking lot?

Well, there's a fence, but not a property line. It's like it's more inside the property line, the fence that we have. You can see it there. And but they do cross on like they go on top of our property, basically, when they turn.

Okay, if there's a car parked in the turn in the campground road in the terms in the signal, like the light signal.

Then a semi-truck with a trailer that is like 70 feet size, when it goes to turn, there's a car in there, you know, on the other street. It's very hard for them to turn, so they need a lot of space.

So if somebody's coming. And the other car is here. It's not possible.

They need to go more to our side or basically our property.

Thank you so just the location that that you've. Chosen less than the risks of any impacts from truck traffic or yes.

Does there's there's yeah, there's no risk there.

Okay members any other questions.

I don't believe there are any at this time. Thank you. We just wanted the record to reflect that member versus has joined us.

Thank you.

I have no other speaker cards related to this case. So at this point, I'll close the public hearing. We'll move into deliberations on 26 variants 0085. We've had an opportunity to review the staff report and hear the testimony from the applicant. Is there any discussion?

Is there? Oh, I'm sorry. Go ahead.

I'll go ahead and make a motion. please do please do um let's see um this forward i'd like to make a motion um that we approve uh the variance 26 variance zero zero eight five um based on the um staff review um The approval that the staff recommends and, um. I think that I'm sorry testimony. And the testimony referred from our.

All right, is there a 2nd 2nd Horton? Thank you. It's been properly moved and seconded to approve 26 variance. 0, 0, 8, 5, roll call please.

Yes, 4. Yes was those abstain Louise yes Scott yes bond.

Yes, the variance has been approved.

Thank you.

Next 26 modified C. P. 7.

Yep, Sydney faucet office of planning staff 444 South history 40202. this is 26 7. The request today 1st, 1 is a variance from table 5.3.2 to allow the proposed buildings to exceed the maximum front yard setback of 80 feet. The requirement is 80 feet. The request is 367 feet, making it a variance of 287 feet as well as a modified conditional use permit for a commercial kennel in a residential zoning district. The subject site is 4.88 acres zoned are for single family as well as our resident office residential in the neighborhood form. The site is currently developed with roughly 4000 square foot commercial kennel with several accessory structures. The applicant is proposing to construct a 896 square foot accessory structure to house their grooming services, 400 square foot canopy and a 1700 square foot addition to an existing building.

This is a zoning map of the property, again, R4 and OR. This is an aerial of the subject property.

This is the entrance to the development from Bardstown Road. This is adjacent property across Bardstown Road. And this is somewhat just the commercial activity just south of the subject property. This is the site plan on the right you'll see a zoomed in version of the existing buildings as well as the proposed buildings as well as their additional parking that they'll be providing. Uh, the proposal does meet all applicable standards of that conditional use permit and transportation planning have provided preliminary approval. The applicant will be preserving existing tree canopy and fencing along Bards town road to screen. The kind of operations from the adjacent properties staff finds that the variance is adequately justified for approval based on the analysis contained in the standard of review. And then your required actions today are to approve or deny the variance and then approve or deny the modified conditional use permit. Any questions for staff?

No, no buildings to be demolished. This is all new.

I think there is going to be 1 building that is demolished. I'm not sure what that building is to be used for, but I assume the applicant could probably. Speak on that, but 1 of the structures does look to be removed.

And there is additional parking? Yes. All right. Any comments received related to this CUP?

Nope.

Okay. So there will still be screening?

Yeah, so there is existing fencing, like, around the subject site, and I think they'll also be providing fencing where, like, the dogs will be outside. Excuse me outside and then again, they're preserving roughly 33,000 square feet of tree canopy in front of the site. So it'll be screening not only from barstown road, but any thing that the properties across barstown road would. See, or here or anything, so there will be adequate screening on site. Okay, thank you.

Yep. Forgot to ask members. Are there any questions for, um, for Sydney?

Thank you Sydney. Thank you. Jones.

Good afternoon.

Good afternoon. Kelly Jones. Stay back Wilson and lingo. I keep forgetting our new address, 301 East Main Street, Suite 201, Louisville, 40202. Thank you. You can sit back there. This is Damian Heck. He's with Kentucky Humane Society. He's here to answer any questions. I don't believe he filled out a speaker's form, but if he does have to answer any questions, we'll get one for him done.

Okay. Yeah. I would swear him in if you thought he might want to speak. But if not, we'll wait. We'll see. All right. Do you swear a testimony you're about to give today is the truth? Yes, ma'am. Please proceed.

Okay. So this is the Fern Creek pet resort. It's an existing facility on Bardstown road. Next slide please. Um, I'm going to go through these fairly quickly, because we've already seen them. This is the zoning map next slide. Please. This is the aerial photography and this is a little bit of the site history. So this site's been operating as a commercial kennel for 60 years. Uh, 1963, there was a special use permit for a conditional, uh, for a, for a commercial kennel. 1965, under case 9, 147 65, there was a change in zoning that was rejected, but the special use permit at that time was extended for an additional 25 years. So then, in 1998, as it was still operating as a commercial kennel, Kentucky Humane Society purchased the property and has continued to operate it as such since that time. In 2001, under case 9500, there was a conditional use permit approved. The plan for that is shown here on the right. That plan was never fully executed, so that was never built as intended. So we still have basically the site layout that was done prior to this 2001 case. Next slide, please. So this is our proposed case that did the same similar thing that that Sydney did. I've got the full site there on the left. You can see there's a lot of tree canopy preservation in the front as well as in the back. We have no intentions on on changing any of that on the right hand side of the plan. All the buildings that are in yellow are existing all of the buildings that are in more of an orangey brown color, which there are 2 are proposed the. Square 1, that's kind of in the center of the plan is just a pavilion and that is a future proposal. This is kind of a wish list for what this site will eventually look like, but it's going to be developed in phases. Again, all the yellow buildings that are shown on this plan are existing. The brown, the light brown color represents featured dog yards, some existing dog yards as well. Next slide please. So, the picture on the left shows the fencing locations. Most of this fencing is already, especially the exterior fencing is already in place, but we obviously will alter the fencing on the interior to meet the new projects as they come along. Um, the image on the right hand side represents phase 1. so, um. There is an existing garage. Well, it was an existing garage just to the right of the South. Uh, the bottom left building there, it was right right about where their hand is, right? Yeah. Um, there's a little. There that has already been demolished. They went through the proper procedures of, um, you know, construction review for a demolition permit, demolished that garage with the intent to then build this 1st phase of construction, which will be an expansion for their grooming facilities right now. Their groomers are in these little postage stamp, tiny rooms that are quite claustrophobic. So this will allow them to have a little bit of a nicer space to work in. And that's what phase 1 will be. So, as I said, this will be implemented in phases. There won't be any additional parking added as a part of this 1st phase, because we're not adding enough square footage to require that. But 1 day, we hope that this whole site will look like this. Obviously, if we do something differently, we have to come back before you guys for modified conditional use permit.

So, the 14 parking spaces are not part of phase 1. correct.

They already have parking spaces on site to accommodate the operations that are currently happening there today. So these additional parking spaces will be for the future build out with the additional building and the additional storage space that they'll eventually have.

Thank you.

And again, this is a side by side comparison of what exists. Now you can see the bottom right? Yellow building is the green roof there. The top right? Yellow building has a gray roof. It has the 2 fingers coming off of it. The bottom left. Building is existing. There's also a little shed building that's existing in the bottom center of the plan. And then and then there's a storage building in the top left of the plan. So, most of what you see here, and you can see the existing parking that's there on either side of the green roof. And that isn't like I said, enough parking to accommodate the existing facility as well as the proposed phase 1. Um, next slide please. This is the building elevations. I mean, it's a pole barn. It's not real pretty, but it serves its purpose and it'll be sturdy. Next slide please. And then this is just an exhibit showing the setbacks for the various buildings that are there. The proposed building is set back 351.7 feet from the right of way. I think this use warrants and exist a larger setback. I don't think we'd want these buildings to be right on top of Bardstown roads. So I think that that's a justification in itself.

So that's the primary reason for the request for the setback.

Yeah, the variance, all of these buildings would have to be up at that, um, that maximum setback line and obviously the existing buildings aren't nor is the proposed building. So therefore we have to ask for variance.

Okay.

So, and again, these are 2 things to vote on is variance and then the modified conditional use permit and I'm happy to answer any questions you may have.

Any questions for Miss Jones? Yeah.

what's the history and the legal structure of humane society was it was a commercial building to begin with was that an individually owned in the society bought the property or and yes it was the previous company or a previous entity that owned the the commercial kennel back in the early days and then sometime in the 80s humane society took it over from that private owner Um, and has been operating it as a doggy daycare commercial kennel ever since.

So, the society bought it is a society corporation and they run by board of directors or what's the structure now of the society.

I'm going to actually let Damien ask that. So you will need to swear him in. Yes, they have a board, but he's going to be a little bit better able to speak to the organization of their, the structure of their organization.

Okay, any other questions for Miss Jones at this point?

No, all right.

Thank you. Good afternoon.

Name and address.

Uh, Damien hack 6314 Northern lights drive Charlestown, Indiana, 47111.

Do you swear the testimony you're about to give is the truth? Yes. Thank you. Please proceed.

There was a question organization run by a board of directors.

Yeah, we're run by a board of directors. We're a completely nonprofit organization. The board of directors are what it where we get our funding.

Okay, I was wondering because the 1 of the requests up there were the variance was for a commercial candle. So, is this going to be. A commercial kennel also.

It currently is.

Okay. So you're going to any profits that come in whether regardless what you call will be a nonprofit organization. Yes. Yes.

So, the way that this works is, this is like a doggy daycare and grooming facility people. It's not a place where people come for adoptions. That's what's happening at their new campus. They're building their Preston highway. Um. what this facility is is a place where people bring their dogs to doggy daycare they bring their dogs to get groomed any of the money that they earn through those proceeds go those proceeds go directly back to the kentucky humane society to fund all of their programming throughout the city yes sorry that's good thank you so what are the hours of operation i mean since it's

A daycare is it hours operation are typically from 7 to 5 is for doggy daycare. Obviously, the end for the grooming department, 9, pretty much 9 to 5 for them. And we do have the that comes and does some drop offs in 1 of our facilities. So sometimes the hours are a little bit later, but.

Do they have overnight boarding?

Yes, overnight boarding. Yes. Okay. Is that what you're I'm sorry? Yes.

Yeah, both answered the question. Thank you. Thank you. All right members any questions. Thank you.

Oh, did you have essentially there's no change to the operations here? We're just giving them more space to to provide the current operations. So they, there shouldn't be any noticeable difference from what is happening today. Um. The existing grooming facilities are in the existing building right next to where this phase 1 building is going to be. There's already exterior dog yards where dogs are playing daily. So there's really not going to be a major change that the neighbors are going to notice because it's currently operating as as all of these things. We're not adding any services. We're just giving them more room to do the services. Okay.

And the canopy that's being constructed, is that just to give more play area?

Yeah, that is a future thing that they want to add just to give a little bit more shade to the dogs, give a little bit more shade to the people that are out there watching the dogs and making sure that everybody's being safe. So there is a little bit of shade out there already. There are some triangle fabric canopies out there. This would just be an upgrade to those facilities.

Okay. All right, I don't believe there any.

Oh, yes, we do want to make sure I understand. Because I guess I got a different feel from the staff report. So now you're just building the 896 square foot accessory structure for the grooming services. And the 1,750 square foot addition to an existing building?

We're not building the 1,700 square foot addition yet either. That's even shown as future on the plan itself. The only thing we are building today is this proposed 800 and something square foot grooming structure that will have a breezeway connection to the existing building that's kind of shaped like a U. You're not building the canopy now either? Not yet. Okay. Or the parking spaces. Correct.

Okay. Thank you.

I have a question is the, uh. Proposed structure do you guys intend to, like, have an influx of pets come through with the new space or just.

It's it's still a pretty small building. There may be a few more pets being able to be accommodated through the grooming, but it's not going to be a significant about 1 day when we are able to build the, the 1700 square foot building. Then yes, I would expect more more clients to be coming through because. obviously more space equals more ability to handle additional animals. But with this small addition, there may be a small uptick in clients coming in and out, but nothing significant because again, the grooming is already happening in the existing building. We're just moving it over.

Thank you. Thank you. Member Scott. Any other questions? Thank you.

Thank you.

Thank you. As we go through the day's testimony, if there's someone online who wants to speak, let me know. Thank you. Okay, that's the only speaker card I have related to this case. So at this point, I'll close the public hearing. We'll move into deliberations on 26 modified CUP 0007. Any discussion? Is there a motion regarding this case?

Madam Chair? Yes. Motion, please.

Yes, please proceed.

2 votes, I presume. Okay, correct. Thank you. Um, yes, regarding case number 26 variance 0, 0, 6, 1, I move to approve that variance based on the staff report and their analysis of such and the testimony in today's open hearing.

Thank you. Is there a 2nd 2nd. All right, I believe that was member Lewis. Um, it's been properly moved and seconded to approve 26 variance. 0061 roll call please.

Yes, yes. Yes, yes, yes.

Yes, the variance has been approved. Is there a motion regarding the modified CP?

And the motion for the second, which is modified conditional use permit for 26 MC UP 007. I propose to approve based again on the staff report and the analysis of such in the testimony in today's open hearing.

Thank you. Is there a second?

Second.

Did you want to along with the proposed conditions of approval 3 of them on page 12 of 12? Thank you.

Is there a 2nd.

2nd, oh, I'm sorry.

Okay, that was seconded by a member Scott. Thank you. Roll call please.

Yes.

Yes.

Yes.

Yes.

Yes. Yes.

Yes. Yes, variance and the have been approved.

Thank you. Thank you.

Next item on the agenda is, uh, number 426 variance. 0, 067.

Good afternoon. Catherine Gomez office of planning staff for 4, 4, 4, South 5th street, little Kentucky for 2. 0, 2, this is 26 variance. 0, 0, 6, 7, the Wesley manner, senior, independent living variance. Next slide please. The request is a variance from land development code table 5.3.1 to permit the height of the proposed structures to exceed the maximum height of 35 feet. The required height is 35 feet. The requested is 38 feet and 7 inches for variance of 3 feet and 7 inches. Next slide please. This is an R5A multifamily residential zoning district in the neighborhood form district. The applicant is proposing for 3 story multifamily buildings with 68 units, a 5000 square foot amenity building and a 37,000 square feet area of recreation on the existing nursing home campus. There will be 17 shared parking spaces and 85 interior garage spaces as well. The site has an existing 1 story community center that will be demolished for the purpose of this project. Next slide please. Here's the aerial it's all within the zoning district next to some are 4. Next slide please this is the site, the aerial of the site as you can see, there's that community center right in the center of it. And if approved, that will get demolished for the purpose of this project.

Next line.

This is the subject property, the front view from West man's like road. On the next slide, you'll find the adjacent Wesley manner, retirement homes. And then this is residential to the East of man's like road. And then on the next slide, you'll find residential across the street of man's like. Next slide please. This is the site, the site plan. You can see that the 4 buildings will be distributed all throughout the site with the amenity building in the center and then the recreation area in the rear. And then these are the elevations of the buildings. Next slide please. The variance will not alter the essential character of the general vicinity. The proposal meets the guidelines of the comprehensive plan and the requirements of the land development code. And then the proposal is compatible with the existing retirement community and will be an expansion. Your required action is to approve or deny the variance today. You'll have any questions for staff has reviewed the proposal they have and it has been approved. They have given preliminary approval and so has transportation.

Okay. Okay. All right members in questions for Catherine.

Thank you. Yep. All right. I have three speaker cards.

Mr. Earhard, or is Mr. Earhard in the courtroom speaking in support? Is that correct? Yes. Okay. All right. So if all three of you are going to speak, I'll swear you in at the same time. Do you swear the testimony you're about to give today is the truth?

I do.

Thank you.

Uh, this partly are you yeah, leave them in charge and these guys can be here to back me up. Okay. Ashley Bartley QK for 9920 corporate campus drive suite 1240223. and with me today, I have Ray Dickinson and Mark Stevens with Wesley manner. Um, Greg Earhart was sites and Harbison and Andrew Alden. Who's the architect with architecture? Um. I'll probably Andrew will probably end up speaking some, but I'll quickly go through the project. So here's an aerial of the property you'll see on the West of the left side of the picture kind of that star shaped building. That's an existing nursing home. The middle is cottages and then the right parcel where we're developing is the community center. Those all operate under Wesley manner. Next slide please. So we're in kind of the southern portion of the county right inside of the jeans, but actually the property backs up to the gene Snyder. Next slide. Uh, so here's another kind of zoomed in aerial so you can see those cottages in the middle. Those were developed, I think, like, 2015, 20 years ago. Um. And then the rest of the campus was was developed in the sixties late sixties. Um, here's a Google search. If you type in independent living, you see a lot of it out in the East end. Uh, the star is where our property is. So you can see there's not a whole lot of it in this part of the community. So. Um, they're working on this expansion project, and we're also working on 1 on the West partial to that's currently going through a reason that's separate. Uh, next slide so here's a colored site plan. You can see the 4 buildings. Those are all 3 stories. So, again, this we are here for a height variance. We'll probably just go ahead and round that up to 4 feet if that's okay with you guys instead of the 3 feet 7 inches just to give a little flexibility. But there are 4, 3 story buildings. The community center is a 1 story building and then there's some amenity space in the center. um the access is on the east side and then kind of loops around to the south and ties in with the existing infrastructure at the cottages and we are preserving you can see at the bottom of the property preserving a decent amount of mature trees and have sidewalks throughout and on the frontage next slide Here is a elevation of the building, so you can see the three stories. We've got 11, 11, and 9. And then the building height is calculated to the middle of the gable roof, which is 38.7. Next slide. That's the long end, and then that's the short end. And you can see it's a mixture of brook and siding, so an attractive building with balconies. And that is all I have.

Maximum height will be 39.

I think we'll just a lot of times. I know you guys just rounded up just to keep it a little clean and give some flexibility. So if we could do the 4 feet, that might be helpful.

Okay. So I'd hate to come back over an intro too. Okay. All right. So you're exceeding the maximum height of 35 feet going to 39 correct? Yes. Okay. All right. Thank you members. Any questions for miss partly.

Thank you.

Hello, Andrew Alden with AG Architecture, 1414 Underwood Avenue, Wauwatosa, Wisconsin 53213. I wanted to talk about two things. One, to explain what a hybrid home was, in case maybe you're unfamiliar with that term. It's a terminology we use to talk about the benefits of a large building and a small building combined. If you're in a large building, you have indoor parking, you have an elevator. If you're in a small building, you have, well, it's a small building. So maybe only walking by one or two doors to get to your unit once you get off the elevator. So this is a hybrid home. It has indoor parking, it has an elevator, and it has small corridors. So first floor is parking and one or two units, common spaces. Second and third floor are all units. So just talking about this new typology for senior living, the hybrid home. Benefits of the big building but still feels very small. Exterior material wise, the elevations, if we could go back to those for a second. Working hard to have it blend into the neighborhood, which is the majority of 1 and a half to 2 story homes with pitched roofs. So we're trying to pick up those residential forms and shapes and using about typically we're still in concept design, but typically we have about 60% stone or brick and 40% fiber cement siding or fiber cement panels. So good quality materials. And then once again, just showing those residential forms that would help it blended the neighborhood. And the heights variance will allow us to do this. And I'm open to any questions you might have on the hybrid home or the materials selected. Yes.

What's the average square footage of the units?

I do not know the average off the top of my head, but they are a majority of one and a half to two bedroom units. And they're adequately sized. I don't know.

They have kitchens and...

Oh, yes, absolutely. Yeah, they're full apartments and they all have patios, which is great. So you have outdoor access. And once again, that indoor parking is also considered a benefit, both to the residents that live there, but also to the residents on the extended campus. Because if you're parking inside, then the outside can be used for recreational space. We don't have a lot of surface parking. There's a few spots, but not as many as you would have.

You know, the square footage of the decks?

Oh, they're pretty big. I'd say off the top of my head, five by 10, five by 11. So they're generous.

Thank you.

You're welcome. Other questions? Thank you. Thank you.

All right. I have a speaker card for an individual in opposition after his testimony. there will be an opportunity for a rebuttal, five minutes.

Mr. Wells. Good afternoon. Good afternoon.

Name and address, please.

William Wells, 9120 Coventry Lane, Louisville, Kentucky, 40219.

Thank you. Mr. Wells, would you raise your right hand? Do you swear the testimony you're about to give today is the truth?

That's what I've tried to do in my life.

That's a yes.

Yes. All right.

Please proceed.

Thank you. I'd also like to ask for an extra minute under the Americans with Disabilities Act. The reason I'm here in part because I could be the only customer resident from Wesley Manor. I don't know who else might have come or who could be participating virtually, but having been schooled in planning, I thought perhaps some comments and questions could help improve the direction that planning rezoning this process occurs. In essence, to look at variance, I would ask, is the variance quantitative or qualitative? Or how do you determine what is a common cause variance or a special cause? Because in living here, I'd get to know Jack Kilrick, I'd get to discover W. Edwards Deming and his work with corporations, institutions, governance. And in a strange way, even I'd go over to Toyota to talk to them because his method is what drives that process. And when I look at these one to seven, even if I were to do the first one, explain how the variants will not adversely affect the public health, safety, or welfare. Well, what happens if it's impacting positively and negatively? Because moving out there, I used to live in a home, an apartment down in Avenue Plaza, about 600 square feet. My footage has doubled or tripled. But in trying to ask questions in Louisville, my voice would be suppressed. Jack Dilworth, former elected mayor, and others would be telling me I could not participate in a public meeting. To go on the record to be opposed to a project, but it's not as much the project is that the way planning can work. If you're not thinking ecologically, we are missing the boat in a very big way because energy conservation when you get into the plan, as I looked at afterward, the trees that would be removed on Coventry Lane for parking. If you think of the history of that tree, the water drainage, the sinkhole, the concern for water running off. it makes for a reason of trying to understand how does this space really work, not just for buildings, but the individuals who live there. And so in trying to give insight or share it with Mr. Dickinson, since I've been there and others, it's just the sort of thinking that when you watch plan after plan, request after request for variants, maybe it's still just a little inch, but when you think of a jet taking off at UPS, or rocket science or anything, how are we getting more precise, but understanding the impact of a border zoning adjustment or a variance? But the questions become life affirming. And when we age, our minds do slip a little bit, but we still want to have recreation. But what is our recreation? And where do we travel? Most people may not even walk on sidewalks. It's easier to walk on the pavement. But when you look at how it's being routed, What is being proposed? I would just question everything because it's in the truthing of struggling with the planning profession that at times has made some serious errors and has excluded aging and people with disabilities. Any questions? I also brought the article that I was given about social thermodynamics and it was a man who worked for the American Chemical Society. He was Catholic and he bequeathed in his will money to go to the PIRG of Kentucky, Appalachian Science. So, I mean, there are people that give, but you got to look at the intelligence in the beehive, so to speak, or in the community, because there is wisdom and a love of life in this operation.

Thank you for those comments. Just in summary, one of the things that you're asking is, are cumulative impacts considered?

Um, or are things looked at in a vacuum during the planning process and our ecological impacts as well as illogic, but it's the management of systems in seeing the site as a system and how can not just that system, but the city that embraces it. But how do we get around and expect better care and have a life full of joy?

And I may call on staff to assist with answering those, the questions that you have before you take your seat. Is there anything that you'd like to share with Mr. Wells?

I mean, I think the only thing that the staff can provide in this circumstances that. The district development plan that was approved on condition that the variance is approved last week at meets the standards of the land development code.

And that's why you question because code and law, you're dealing with laws that are on the books on historic knowledge and have been a good planner, a successful one. You're trying to raise the flags that say something needs to be addressed. And having worked inside government, sometimes the single voice can say, no, you can be silenced. And it's just something that is, I think in error.

I think that's why it's helpful to have several levels of review in addition to the ceremony hearings such as this in the courtroom so that we can air all those issues and talk about that.

Sure.

Okay. All right. Any other questions for Mr. Wells? Don't believe there are any.

Thank you. No, thank you.

Okay. No one online. All right, Miss Bartley, you have five minutes for rebuttal.

Okay, I won't I won't take that long. Um, thank you. Mr. Wells. Uh, he was also at the on Wednesday where we had our plan unanimously approved and there was no rezoning for this 1. this 1 is permitted by right in the, um, he talked about a lot of things, but I think what stood out to me was the preservation and looking at the site kind of as a whole. Um, I would, I would say that the reason for the height variance is just that we're having a 3 story building instead of. What would that be? 12 buildings at 1 story each. So we're reducing the impervious surfaces. The parking being inside is also reducing that we're preserving a good amount of tree canopy and the South. There is a single back there. We're not modifying that at all. He talked about recreation. There is a pretty large sidewalk network throughout the property along the frontage and connecting to all the buildings as well as some outdoor recreational space. Probably some pickleball courts. So, I think the applicant is doing a lot to provide opportunity and provide a, um, a smaller footprint for the building.

Thank you any questions for miss partly.

I have a question. What is the ceiling height of these apartments? Is it nine feet?

I'll let Andrew answer.

Yes, ceiling height is nine feet.

So that's partly responsible for the extra height theory? Yes. Okay.

If you do nine times three and 27 and add structure, you're up to 33. So that means you have two feet for your roof form. So to make it fit in the context of the neighborhood, that's what the request for more is.

Thank you.

Okay, I don't believe there are any other questions related to this case. So I'll close the public hearing. We will move into deliberations on 26 variance 0067. And the request and recommended action is a variance to permit the height of the proposed structures to exceed the maximum height of 35 feet by four feet to maximum height by 35 feet Up from 35 feet. I'm sorry to 39 feet. So, a 4 foot increase as opposed to 38 feet 7 inches.

Is there any discussion and are we going to make that change from 38 feet 7 inches to officially make this 39 feet? Is that okay?

That would be mine. Yes. Yeah. Staff supports that change.

I'm ready to make a motion. I move to approve case number 26 variant 0067 from a maximum height of 35 feet to the proposed 39 feet. And I base this on the staff's report and analysis and the applicant and staff testimony heard today.

Is there a second? Second. Scott? Thank you, it's been properly moved and seconded to approve the variance, uh, as stated with the corrections as stated in the staff report. Roll call please.

Yes, yes, yes, yes, yes.

Yes, the variance has been approved. Thank you. Next item on the agenda. Is 26 variance? 0, 0, 7, 4.

Catherine Gomez office of planning staff, 4, 4, 4, South, 5th street, little Kentucky for 2. Oh, 2, this is 26 experience. 0, 0, 7, 4 for a garage addition. Next slide please. The request is a variance from the land development code section 5.4 to permit an accessory structure to encourage into the required rear yard setback. The required setback is 5 feet. The requested is 4 feet, 6 inches for variant for variance of 6 inches. This isn't our 4 single family residential zoning district within the neighborhood form district. The applicant is proposing a 132 square foot addition to the existing detached garage. The applicant proposes to use the additional space for personal storage. Here is an aerial of the site all within the R4 zoning district and then this is the aerial of the site with the existing garage in the rear. As you can see there next slide please. This is the front view of the property. On the next slide, you'll find an aerial view of the rear and I'm just pointing at the garage where the addition will be next slide please. And then this is this is residential to the south of the little road and residential across the subject property. And then here is the site plan up there. You can see where the addition will be next to the rear yard. Property line, and then this is where the variance this is where. You can see where it encroaches into that setback. Next slide please. The variance, the requested variance will not adversely affect the public health, safety or welfare to the public. The variance will not alter the essential character of the general vicinity as the encouragement is very minimal and staff finds the variance has been justified for approval based on staff's analysis and the standards of review. And your required action for today is to approve or deny the requested variance. Any questions for staff?

Not at this time. Thank you. Mr. Kellen.

Good afternoon. Good afternoon. Name and address, please. Anthony Killian, 6211 Outer Loop, Louisville, Kentucky, 40219. Thank you, Mr. Kellen.

Do you swear that the testimony you're about to give today is the truth?

I do.

Please proceed.

All right. Uh, we're just, uh, here representing the property owner, I guess, as a general contractor, uh. And approve the, uh, the variance so 6 inches. Uh, it's all, I guess the. Fencing neighborhood fencing is kind of common area and it all lies on the property line. So we're just extending the, uh, the garage back. 6 foot, I believe, which comes into the 5 foot 6 inches.

It's.

5 foot 6 inches, not 5 foot 5 inches.

We're extending the garage 6 foot, which comes in 2 to 5 feet 6 inches. Sorry.

All right.

Can I answer any questions you have?

Our staff report says this encroachment is 5 inches in the rear yard setback. Is it 5 inches or 6 inches?

I think it's 6 inches. Yes.

six six and is this addition only accessible from inside the garage or is there an outdoor entrance to it just from inside the garage okay thank you i believe that's all the questions for now thank you thanks

Okay, I don't have any other speaker cards related to this case, so I'll close the public hearing. We'll move into deliberations on 26 variance 0074. We do have a correction to the staff report. Under the case summary, the additions encroaching about five feet, encroaching, I'm sorry, about six inches into the rear yard setback as opposed to the five any discussion so if no clarifications are needed is anyone ready to make a motion i'll make a motion i have

I move to approve variance 20 or 26 variance 0074 based on the staff analysis and report and testimony heard today.

Thank you, Mr. All right, it's been properly moved and seconded to approve. Variant 26 variance 0074 roll call please. Yes, 4. Yes.

Was this? Yes. Louise? Yes. Scott?

Yes.

Vaughn?

Yes.

The variance has been approved. 26 modified CUP0003.

Caitlin Deaver office of planning staff 444 South 5th street, Louisville, Kentucky 40202. this is 26 for the Christian Academy of Louisville. Next slide. The request today is a modified conditional use permit for a private institutional use in a residential zoning district with conditions of approval. Next slide. Subject sites approximately 64 acres owned our 4 single family residential in the neighborhood form district. It's located at the intersection of South English station road and English station way East of I, 265. it's currently developed with an existing 236,108 square foot private institutional use with parking. and accessory athletic fields and structures the applicant is requesting to modify the cup to allow a two-story 12 904 square foot expansion to the main building for a lobby in classrooms a one-story 36 770 square foot athletic field in place of the existing soccer field and then a two-story 23 250 square foot athletic field house at the rear of the property next slide Here's a zoning map subject sites are 4 is surrounded by and are 4 and are 6 and you can see I, 265 to the West next slide. Here's the aerial of the subject site next slide. So, you can flip through these, this just shows the subject property adjacent property. This is the entrance on South English station. Next slide this is the other entrance on English station way. Next slide. This is the adjacent property to the south on English Station Road. Next slide. This is across the entrance on English Station Road. Next slide. This is across the entrance on English Station Way. Next slide. And then this is the adjacent multifamily development to the north. Next slide. So, here is the site plan you can see in the kind of the center of the plan. The center main building was where the addition for the lobbying classrooms are and then those 2 athletic field buildings are on the left side of the plan closest to I, 265 next slide. Here is the elevations for the classroom and lobby edition. You can see it's labeled there at the top. The new addition. If you look at the top image, it's on the right hand side and then the bottom image is just a closer view of that. Next slide. And these are the renderings for the athletic field buildings that are close to the interstate. Next slide. This is the front. Next slide. And this is the rear. Next slide. So, staff finds that transportation given preliminary approval, the plan, the proposals consistent with the policies of the comprehensive plan and is compatible with surrounding land uses. All proposed structures are located more than 30 feet from the property lines and the development will be served by existing parking on site. The applicants demonstrated, or will be required to provide compliance with all of the standards of the and staff finds that the request is adequately justified and recommends that the board approve the modified conditional use permit. Next slide. So your required action for today is to approve or deny the modified conditional use permit. Do you have any questions for staff?

Any questions. Okay, thank you.

Thank you. Mr. Hill. Good afternoon. Name and address please.

Mike Hill with land design and development 503 Washburn Avenue, Louisville 40222.

So, we're at the testimony you're about to give today is the truth.

Please proceed. Thank you. Um, also online is Steve French with Christian Academy. Uh, so he likely will want to speak after I finish my slides here to add a little extra commentary. Um, next slide please. So, as mentioned, this is a modified conditional use permit. Christian Academy has been at this location for many years. Steve could probably answer that specifically, but they have an existing conditional use permit for their property for their entire 60 plus acre property. So anytime in addition to a building or some kind of facility expansion is proposed, they have to come back through with a modified conditional use permit. So that's why we're here today. So, 2 things they're proposing at this time is an addition to the main school building, the large school building that you saw images of 12,000 square foot 2 story edition. There's kind of a gap or a notch in the existing footprint of the building that they're kind of filling in or squaring off and that'll have some additional classroom space and kind of expanded improved. Entry lobby area space into the building as well as some other uses and then the field house, there's kind of a 2 buildings that are connected. They're calling them athletic field houses out in the. Athletic field area of the site near the football field and baseball fields. 1 of them is more of a multipurpose indoor building to be used for indoor athletic events and practice. Basketball volleyball, indoor soccer, there's locker rooms, there's athletic storage space in there and there's some office space. There's actually a concession stand kitchen area that faces the football field that will be used for the football field during games and then field has to. Although it's connected, it's solely for football. It's basically half a football field size area, basically 50 yards plus an end zone and a little perimeter around it indoors for indoor football practice and training.

Next slide please.

So, this is the campus there near the intersections of I, 64 and 265 off of South English station road. So, and our 4, this is an aerial of the campus and I put the 3 little red squares is where we're talking about doing additions today. The 1 on the right is in addition to the main school building. And then the 2 to the left and the athletic field areas near the football on the baseball and softball fields. That's where the new indoor training facilities will be located. Next slide another image of the, the brown shapes you see are the new buildings that are being proposed with this modified. So the 2 to the left are the athletic facilities and then the smaller went on the right side of the images. The addition to the main school building. This is our development plan as was shown highlighting the areas that we're talking about making improvements today. The 2, 2 different building footprints, the athletic field houses, and then the school addition. Next slide please and then a couple images of what what it would look like. The larger building on the right is the indoor football facility and then the one on the left is the more multipurpose facility behind the football bleachers. Next slide. And then here's a view from from the baseball field actually, which will be adjacent to. Next line. And then I have some floor plans of the two different buildings. So you can see this is the smaller of the two athletic field house buildings. You can see some playing courts, there's locker rooms, there's storage areas, restrooms, concessions, stand space. Next slide. And then the football field floor plan or the football structure floor plan. It's basically, like I said, 50 yards of full width football field plus an end zone and some area around the perimeter. Next slide. So the school edition on the right is where you see the two-story edition being located. There was an entrance in that area and then Next slide I think zooms in on that a little bit more closely. It's really just filling out an unused space with some more under roof space, which is shown in these floor plans. There's an entryway, there's kind of a partitions that can be open to create kind of a common space or a meeting space there on the first floor. And then the next one is the second floor, which is more classroom space. There's laboratory, there's a Kind of a coffee bar lounge area as well proposed inside the school edition. Next slide please and that's basically it as far as the summary of our proposal. No variances or waivers are associated with this. And Mr French is online that probably might want to add a little bit to it or help answer questions. Certainly.

What are the hours of operation? Are they the same as the existing? I understand for the classroom they would be the same.

Right. Yeah, this really isn't a new growth situation. It's to accommodate existing students and their families on the site. So as far as the activities that occur today, they still will be occurring as they do. They'll just be in a different location or housed differently than they have before. So as a school campus like this, they have typical school hours, Monday through Friday. But there's all kinds of evening hours for athletic events and extracurricular activities, as well as on the weekends, mostly Saturdays.

Is there additional lighting that's proposed around the new buildings?

There will be some security lighting around the entrance areas of the new proposed buildings. But there's no proposed parking lots or pavement that would need to be lit for security reasons.

All right. Any other questions for Mr. Hill? Thank you. Thank you. Mr. French? Can you hear me? Mr. French?

Mr. French, it looks like you're unmuted, but we're not getting any sound.

Mr. French. You can tell that he's unmuted. Yeah, if you see. Okay. All right.

Mike, are you texting him to see if he's available?

He says he's trying to get through, but it's not working out. Yeah, we're just hearing static from our end. Steve, I don't know if you can hear us or not, but

Just typing. Okay. I mean, we could come back to Mr. French.

Oh, he says he can hear us.

Okay. Okay. All right.

I think that's I think it's really up to Mike and the applicant, whether they want to provide that testimony or or if they're okay moving forward without it.

Well, let's, let's make sure there are no questions for for Mr French. Mr French is with Christian Academy. Is that correct? Yes. Yes. Okay. Is there anything that that you would want to hear from Mr French?

Okay.

It doesn't look like there are any questions or requests for additional information. Okay.

We'll be able to talk to them.

Okay. Yeah. All right. Okay. At this point, I'll close the public hearing and we will move into deliberations on 26 modified CUP0003. We have the staff report. testimony from Mr. Hill for consideration. Is there any discussion? Is there a motion regarding the modified CUP?

Madam Chair, I'd like to make a motion. Yes, please proceed. Excuse me. This is member of those. With regard to case number 26 in 0, 0, 0, 3. The applicant being Christian Academy of Louisville, I recommend. I move we approve the modified conditional use permit as written in the staff report. Um. And want to bring attention to the conditions of approval. All the existing conditions are already there. So on page 707. And based that on the staff report and testimony heard today. Thank you.

Is there a 2nd. All right, it's been properly moved and seconded to approve the modified conditional use permit has stated roll call. Please.

Yes, yes, 4. Yes, Louise. Yes, Scott. Yes, born. Yes.

The modified has been approved. Thank you. Next item on the agenda is. 26, 0, 1, 0, 1.

Good afternoon. Everyone mark Pinto office of planning staff, 444 South street, Louisville, Kentucky, 4 0202. this is 26 0101 for the Trinity off street parking conditional use permit at 150 Sears Avenue. So, again, this request is a conditional use permit to allow an off street parking area in the zoning district with relief from standard a. The subject site again is within the office residential zoning district. It is located within the city of St Matthews. So, therefore, it is under the St Matthews zoning jurisdiction. Um, the subject site is roughly 2.5 acres. And it's currently developed with an existing tennis court facility, including like an indoor athletic facility and also an outdoor athletic fields with the tennis court. And that development was approved under a previously reviewed and approved detailed district development plan and conditional use permit for a private proprietary club. and the off street parking conditional use permit is to accommodate students who may park at the tennis facility and then walk to the Trinity campus. They may not be there to permanently visit the tennis facility. They're there to possibly walk to school as well. And I'll let the applicant elaborate on that if needed. Here is a zoning map of the Uh, property and of the area outlined in blue, you can see the subject property zone. It's surrounded by, um, existing, you know, single family home subdivision are 5 and also some commercial zoning in the area. And here is an aerial just showing the existing site conditions. You can see the property is completely built out with that off street parking area and the athletic facility. There's no proposed construction with this conditional use permit. It's simply to accommodate that existing off street parking lot. And here is just a view of the subject property looking in from Sears Avenue. You can see that off street parking area. And then another view from the corner of Sears Avenue and that intersecting street, looking at the existing tennis facility. So, this section was not in the original staff report. However, they do need relief from standard a. It has the same standard as our conditional use for off-street parking in Louisville Metro. This is from the St. Matthew's Code. It states that the area for the off-street parking shall be located 200 feet away from the property in which the building that the parking is serving. And next slide. The Trinity Campus is roughly 1,000 feet. from the off street parking area. So therefore the board will need to grant relief from that standard A because it exceeds that 200 foot distance. So staff does find the request is adequately justified for approval based on staff's analysis contained in the standard of review in the staff report. And there's no proposed construction with this proposal. So there should not be any impact to the compatibility with surrounding properties. And therefore your required actions today are to approve or deny the conditional use permit with relief from standard A. Are there any questions for staff?

So, this parking area mark, will it continue to be used for tennis parking for tennis as well as parking for students who will be using that and traveling to class walking to class?

Yes, it's my understanding that the existing off street parking area will continue to serve as the parking lot for that tennis facility. But it may also be used for students to park and walk to school.

And I don't, I don't know if you know the answer to this, but I mean, we've got the difference between the 200 foot versus 1000 feet. Um, so there's no parking that's closer. To that 200 foot figure, no other parking areas.

So, to my understanding, there is additional off street parking on the Trinity campus to the east of Sharon Avenue and also just in the campus, but they need this parking as well. During certain times a year, I'll let the applicant kind of elaborate on their justification, but it's my understanding that. For some time students may have been parking on the street on Sears Avenue and walking to campus during certain times a year. But when it was snow, it would be difficult to clear the roads or for cars to go around the park cars on the street. So then the students began parking in the off street parking lot associated with the tennis facility. And they were walking to school, so it was determined that the off street parking conditional use permit was needed. For the parking lot.

Okay, and I just want to clarify this case is not related to a case that the planning commission heard. Last week related to a road closure. It's not related to the street closure.

No, except for the small relation that. That was for the Trinity campus, and this request is also for Trinity because Trinity owns the tennis facility. And their students are parking there and walking to school.

Okay, thank you. Um, anything for Mr. Pinto.

So, so this just requires a conditional use.

Because the parking is going to be in association with the school, not the tennis courts necessarily correct because technically the zoning district does not allow an off street parking lot in of itself as its own primary use. And since it was associated with the tenants facility, and still is. It's allowed because that tenants facility has an approved conditional use permit and approved detailed plan that's allowed in the zoning. But because students are parking in that parking lot and walking to school, that's why that off street parking to the Trinity campus, roughly a 1000 feet away. That's why that. Off street parking conditional use permit is needed.

Is it envision that this parking lot would be used. For this upcoming school year, there's no construction.

It's certainly possible. I'll let the applicant elaborate on that, but it's my understanding that this whole. Issue came up because students were parking there. As needed and walking to campus, okay.

Because we do have a condition of approval standard related to exercising this within 2 years.

Yeah, and it's my understanding that the conditional use permit would be exercised. Likely by the next school year. Yeah. So, okay.

And are there public sidewalks for the students to use from this parking lot to the school?

Rachel, if you could pull up the aerial, but I believe there is an existing sidewalk network.

Yeah, I was looking I don't see. Great amount of sidewalks here.

At least around the campus itself, but in front of this property, yeah, they build sidewalks as required along Sears Avenue.

But. Again, the applicant can speak to it. I suspect that the students will be walking down Oxley Avenue and just because this is an area. Of the city that was built at a time period where sidewalks were not being constructed. It looks like there may not be a complete sidewalk network along that area, but I'll let we can let the applicant speak further to that.

Thank you.

All right. Thank you. Mark. Thank you all.

Mr. Bernstein good afternoon. Good afternoon. Name and address please.

Ted Bernstein 503 Washburn Avenue 40222.

You are speaking in support.

Yes, ma'am.

All right. You swear the testimony you're about to give today is the truth. I do. Please proceed.

Thank you. Next slide please. So, back in 2023, we did get the tennis center approved. It's a proprietary sports complex. And they, in the process of doing, so they constructed this parking lot that goes along with the center. This parking lot will continue to serve the tennis center during all. Tennis events. But what they also realized was we have 23 parking spaces out here and at currently in St. Matthews, obviously parking is at a premium. Trinity has basically turned every spare foot of land they have that's not dedicated to building into parking lots. um they did they've had this piece of property for quite a long period of time it's actually the football training facility and so then they added the tennis courts later in in 2023. um as part of that students were 23 students were authorized to park Here, and walk, and as far as sidewalks go, there are sidewalks North and South that actually will lead you to Trinity. You can go down Sears Avenue to the South, and you can hit Shelbyville road and neighbors. Sidewalks the entire way to the North. If you go up Sears Avenue and down Linda way. There are some sidewalks, there are a few breaks, or some of the buildings are remaining from previous development that didn't require the sidewalks to be constructed. Next slide please. And so this is the previously approved development plan, and as you can see, Trinity added sidewalks up and down Sears Avenue in front of their development. Next slide. So, once again, this is just an aerial looking at basically the parking lot and as it relates to Trinity High School actually does have a pedestrian connection to Trinity. There is no driving connection there. but students would have the option of either walking on a sidewalk down to Shelbyville Road and over, or I would say that, you know, I believe that probably a majority of students probably walk down Oxley and go to the school that way. There is a pedestrian connection. It's pedestrian friendly there. There are not sidewalks on Oxley. Next slide. And so this is the development as completed. And it's, you know, within I calculated 1200 linear fee, which is point to 4. Of a mile this parking lot, you know, as far as students go would only be used Monday through Friday during school year. Roughly 7 o'clock to 4 o'clock in the afternoon. These 23 spaces are important, especially when we start talking about. You know, fitting in 4 spots here, 5 spots here, wherever they can find space to provide parking for their students. They do and actually, we got a parking lot permitted. I want to say about 5 years ago that was actually there were a couple of residences that they had purchased to try to provide parking for their students as well. Next slide. And so this is just looking down a road towards Shelbyville road. Next slide. And this is looking the other way towards St Matthew's fire and that would be looking towards Linda. Next slide. As said before, there's no new construction of this and I'll. Mark was pretty close to how we got here. There was that really bad snow we had where we were all snowed in. Prior to that, they do have snow removal people that do all their parking lots and the guy was overwhelmed. He couldn't get there. There was a couple of students that parked on Sears Avenue. That was brought to the attention of Jack Ruff. Jack Ruff said, we're okay with your students parking here, but you guys gotta go back for a conditional use permit. And so, because the use is different from the proprietary club, we're in front of you today for asking for approval for students to park there. And I will answer any questions you have. James Torres, the president of Trinity, he's here too. If you would have a question for him, and obviously if he speaks, I will have him sign a speaker's form.

Did you say there are no sidewalks along Oxley?

Oxley, yes. That is correct.

But the students will be walking along Oxley to get to campus?

They ultimately have three ways they could get to campus, and that would be the shortest, absolutely, ma'am.

But the other two have sidewalks.

That is correct, yes. So my question would be, is that a concern?

I don't believe it's a concern for 23 students twice a day at 7 and 3.30 or 3.45. I certainly think that if we were talking about 50 parking spots or something to that range that potentially then you would have enough students that we would start mandating that they were using the sidewalks. But I think in the morning, they actually were parking there for a couple years prior to the event happening that caused us to be here today. And there was never any incident.

I'll probably just add from staff's perspective that, uh, even if they're walking on, uh, actually here, uh, it's a, it's a dead end street. So there's likely not a lot of traffic coming down this section of the road. Uh, just because, uh, as as Mr Bernstein mentioned, um. It dead ends right here and there's no way for anybody to get through. So there's really. Not too much of a reason for cars to be going this direction. I obviously don't have the traffic counts off the top of my head, but I would suspect they're very low. That's helpful. Thank you.

Are these spaces assigned to the students or is it first come first serve?

They are assigned to the students.

So you won't have a bunch of cars back there trying to circle around. Correct.

You're not going to have the revolving door of cars looking for a spot and then not finding one and backing out. They were assigned as part of the pool that you get assigned spots so you can drive to high school. okay thank you and how many spaces approximately it's 23 spaces there's 25 spaces two of them are handicapped those will never be used um it's the 23 spots that they would like the thank you the ability to use other questions for mr bernstein thank you thank you

All right. I have no other speaker cards related to this case, sir, unless you'd like to add something to the testimony. You just hear primarily for questions.

Okay.

All right. So at this point, I'll close the public hearing. We'll move into deliberations. Excuse me, on 26 CUP 0101. Any discussion or any clarifications needed?

Is there a motion related to this case?

Madam chair.

Yes.

I'd like to make a motion on 26 CUP-0101. Make the motion that we approve the conditional use permit to allow the off street parking. As requested, um, and. Based this on the testimony we've heard today, the staff report and the case summary.

And did you want to grant relief from item from standard a.

Yes, we have, um. We do have relief also for, um. Item a. Yes, standard a, that was in the presentation, not so much in the staff report and then the 2 conditions of approval on page 6 of 6.

Is there a 2nd.

2nd Horton.

Thank you. It's been properly moved and seconded to approve 26 CUP 0101, including the revision to the approval of Standard A, the change from 200 feet to 1,000 feet. Roll call, please.

Horton?

Yes.

Louise? Yes. Ford?

Yes.

Bozos?

Yes.

Scott?

Yes.

Bond?

Yes. The conditional use permit has been approved. Thank you. Yes, we're going to take a 10-minute break.

We'll resume at 2.45.

Thank you. Test test test. Oh, sorry.

Okay.

And go ahead and try to test your microphone.

I was reading your mind.

Yeah. Oh, God.

No. You can, and if you can hear me, um, you're not unmuted. Is anything you see in there that it'd be down towards the bottom of your screen with that on mute option.

Don't say it verbally. Yeah. Which doesn't leave much.

Yeah, we, we shouldn't all say, uh, everything we say.

No, I try to just leave the words of a nice song or something in there. It'd be the only thing left.

When I was on the Planning Commission, we had some required training to go through. One of the other guys from Planning Commission was there. This was, I guess, a lot of people in the city at this training because it was quite a crowd.

But he told me my face.

I can hear you now. If you spoke before that, I could not. But everything's working at this point.

Okay, I had to go through some wild gyrations to get this, and I don't know if it'll work the next time or not. But at least I was able to do something.

WebEx tends to save the settings. This is all because WebEx made some updates to its app. But it's working now, so when I bring you back over, which case did you want to speak to?

Actually, I don't really have a case that I care to speak to today. I just wanted to figure this out. And I'm not the only one that's having problems because you all had somebody else that couldn't get through. So this system is not good. It's not intuitive for people. But, okay.

We've gotten the feedback. We can talk more about that. But the changes were made by WebEx, not by any settings that we adjusted. So we just kind of got to figure it out together. But thank you, Ann. Okay.

All right, thanks.

Let me know if you want to speak to a case.

No, that's good. Thank you. Bye.

Good afternoon.

Joe Haberman, Office of Planning.

I'll be presenting this for Zach. He could not be here today. So this is a short-term rental at 1301 Ellison Avenue. Next slide. It's a conditional use to allow a short term rental at a residence. It's not the primary residence of the owner. It's an R6 multifamily zone with a traditional neighborhood form district designation. There's no short term rental that has been approved within 600 feet. Or no short term rental conditional use permit that's been approved within 600 feet. And there's off street parking on it's a corner lot on each of the streets and there's also a driveway with a small garage to the rear next slide. This is the property you can see that it's mostly residential, but there are 2 commercial areas nearby next slide. This is an aerial that shows the home and somebody adjacent structures, which are residential next slide. This is the property there's a typo there. This is not South 32nd. This is Allison, but that is the right property. And that is the front of it again. You can see it's a corner lot. Go to the next slide so staff found that this application is justified. Property has sufficient on street parking and off street parking and. There is no short terminals within 600 feet, so it meets all the applicable standards of the conditional use permit. So, the next slide, the board has this application in front of them, and your decision is to approve or deny or approve with conditions to short term rental. Any questions.

Did you say there is all street parking allowed on both of those streets?

I don't know about both, but the side street, which is Schiller, um, I believe there is definitely on street parking allowed there and there is a short driveway probably holds 1 card. It looks like grass and, uh. Google street view, but I think it's 1 of those older driveways with 2, like, strips of concrete and then there is a small garage detached garage.

And I, I can confirm just because I know this area, um, that, uh, there's off street. There is on street parking on Ellison on this side of the street where this home is. But there's none on the South side of the street. So there is off street part on street parking available in this, uh, section right in front of the home as well as along Schiller Avenue.

And you ought to be able to get what? 2 cars in front.

at least two definitely two cars in front and then you know i don't know eight over there on show didn't know it's a four bedroom short-term rental which shouldn't need too many vehicles um at most probably four if there was all four parties decided to drive their own which would be rare for short-term rental but possible thank you thank you

Mr. All satari.

If I miss all satari, please correct my pronunciation when you get to the podium.

Good afternoon.

Good afternoon.

Name and address please.

And my name is Eman al satari. We are here for 1301 Ellison Avenue, Louisville, Kentucky.

Okay. Are both of you going to speak?

She can do the talking.

Okay. All right.

Ma'am, your address, please. Okay.

Your address, please.

My address? Yes. Okay. No, my home address, do you mean, or the one I applied for it?

No, your address.

Either one will be fine. 5302, Erica's Court, Louisville, Kentucky, 40214.

Okay, to raise your right hand, I'll swear you and do you swear that the testimony you're about to give today is the truth?

Yes. Thank you.

Thank you. Please proceed with your testimony. What would you like for the board to know about your application?

Okay. I respectfully request the approval for my condition, use permit to operate professionally managed short-term rental for Allison Avenue. The property will be maintained the high standard of safety, cleanness, and openness all the time. And professional property management company will oversee the guest communication, reservation, and maintenance of the compliance for local requirements. Um, the property will provide off street parking to accommodate the guests and all the guests will be required to follow the strict house rules regarding the noise parking occupancy, limit, trash, disposable and respect of our neighborhood. Um. We will ensure that the short term rental operate the manner with perceived characteristic and safety and the quality of life for surrounding neighborhood. And I sincerely appreciate for your consideration and time.

Okay, so you will have house you do have house rules that you intend to use for this property.

Yep.

All right. How will the property be managed? How will the short term rental be managed?

Um, we will be, um, both of us responsible to manage it and we will hire a company that will be able to communicate and, uh, maintain the reservation with the guest and they will be the 1 responsible, um, in about the communication with the guest. And reservation.

Okay, so, um. if there were a need to reach you in the event of an emergency, reach you or the manager, how far away are you from the property?

Just only 15 minutes, less than 15 minutes away from the property. Okay.

Yeah.

It's very close to our house. Okay.

Are you aware and familiar with the requirements to register? Should the CUP be approved to register the property?

Yes, I'm aware.

Okay.

And my husband is a contractor, so he's around all the time. If in case that the house needs maintenance or to answer any question, he will be around all the time.

Okay. So make sure you do have a copy of the staff report because it does list the conditions of approval, especially related to registration. Okay.

Okay.

I will be. Um, tell us a little bit about the, the, uh, neighborhood meeting.

Um, for the, um, we made the neighborhood meeting, I think in May 28th at 6. B. M. no 1 show up. No 1. Okay. Yeah.

So you've not heard from no, I did not hear I did not hear from the neighbor.

But in person, we communicate with them because they saw us that we are doing remodeling to the house. So they ask about and when they saw the sign, they ask about the house and how it will be managed. And in case if they have an inquiry, how to reach us. Yeah. And we answered them. But during the meeting, no one show up.

Is this your first short-term rental? Yes. All right. Yeah. Okay. All right. Members, any other questions for Ms. Alsatari?

What were those people who asked the questions that direct neighbors to this property? I didn't know.

I didn't know some of the, I didn't clearly, I don't know. They are the direct or not because they pass by they were walking. So I don't know. So they are very close or not.

I don't know, but they were close enough to be walking. So they were at least in the neighborhood, right?

Yeah.

Yeah.

Okay. Other questions. Thank you. Thank you.

I don't have any other speaker cards related to this case. So I will close the public hearing and we'll move into deliberations on 26 CUP 0092. The request is for a conditional use permit for short term rental for a dwelling unit that is not the primary residence of the owner. We do not have any issues related to the 600 feet rule. We have two conditions of approval that are on page 8 of 8. Is there any discussion or any clarifications needed? Or is anyone ready to move forward with a motion?

Madam Chair, I'll make the motion. Please proceed. This is Member Vozos. Thank you. With regard to case number 26, 0, 0, 9, 2, location 1301 Ellison Avenue. I move that we approve this conditional use permit to allow a short term rental of a dwelling unit. That is not the primary residence of the owner based that on the staff report and testimony heard today and want to bring attention to the 2 conditions on page 8 of 8 that a maximum of 10 guests will be allowed at any time.

There a 2nd 2nd forward.

I believe that was Mr Scott. Yes. All right. Okay. It's been properly moved and seconded to approve 26. 0, 0, 9, 2, roll call please.

Yes, 4.

Yes, yes, yes.

Yes. Yes.

Yes. The conditional use permit has been approved. Thank you. 26 CUP 0092. I'm sorry. Yeah, 0102.

Abby bills office of planning staff, 4, 4, 4, South 5th street, Louisville, Kentucky, 4, 0, 2, 0, 2. This is case 26 at 817 French Avenue. This is another to allow short term rental of a dwelling unit. That's not the primary residents of the owner. We're in the R5 residential zoning district and neighborhood form. The law is developed with a single family residents. The short term rental will feature 3 bedrooms with a maximum of 8 guests. There are no. CUP is approved within 600 feet of the subject property as well. This is a zoning map of the property. It's completely surrounded by residential. And then this is the aerial of the property. This is a view of the subject property from French Avenue on the front. And then this is a side view of the house from Pindell. These are the adjacent properties along Pindell Avenue. And then these are the adjacent properties along French Avenue for neighborhood context. So, staff finds that the request is sufficiently justified for approval based on the standard of review. There are no short term rentals approved by within 600 feet and the property includes efficient onsite parking to accommodate the use and it meets all applicable standards of the. So, your required actions are again to approve or deny the conditional use permit to allow a non owner occupied short term rental any questions for staff.

None at this time. Thank you. Thank you.

Ms Westenhofer.

Good afternoon.

Okay. If you both plan to speak, then I'll swear you both in at the same time name and address please. May I'm starting with you?

My name is Sherry Westenhofer. Um, I live at 28 08 and now Avenue Louisville, Kentucky.

Okay, Casey Western Hoffer, 2808 Pindell, Louisville, Kentucky, 40217. Thank you. Do you swear the testimony you're about to give today is the truth?

Yes. Thank you. Who wants to start?

Okay, so this is our 1st, short term rental. We live 4 houses down so we have a 2 year old. So we're going to manage it safely as we can. We're going to manage the property ourselves. Oh, I'm sorry hear me now. All right. All right. So I'll go back. That's our 1st, the short term rental. We live 4 houses down. We've got a 2 year old lives with us in our house. We're going to manage the property ourselves. Um, we had the informal meeting, um, I can.

Just last month meeting at Monique.

Brewery and a couple of neighbors showed up for 14, 14 neighbors showed up.

Yes.

Okay.

They had questions about how to manage the property since they're around the neighborhood. And basically, since we live so close to the property, we're like. I should walk down my driveway. We can see who's parking in a French. So for us, it's going to be an easier Airbnb to manage because we're just down the street. A second thing is we already have other rental properties that we already managing that are long term. But we have experiences dealing with renters prior. This is a little bit of different business model for us, but I think it will be a good learning experience. And then also we talked about putting security cameras in front of the house and on the back side of the backyard for security purposes. Because at the end of the day, you know, we're trying to put ourselves in their positions and you want to keep the neighborhood as family oriented and safe as much as possible. A second thing is we talked about enforcing rules and policies when we screened renters coming in. So basically, we want to have all the visitors and guests registered so we know who's going to be staying. Just, you know, give us a safety and peace of mind. Um, and also, um, so the garage is, I would say, to 2 car garage. So we want to keep the parking space within the garage space instead of the street as much as possible. And then, since it's a family neighborhood, we want to enforce quiet time also. So, basically, from 8 0, am to 10 0, PM. We want to make sure so.

Um, so 2 car garage and you said to possibly 2 spaces available on the street.

Yes, but that's possible for my personal want. I want. the cars to be within the garage.

Yes. Yes. Okay. All right. Go ahead.

We also updated, we updated all the interior with new bathrooms, new kitchen, and we're building a fence on the backyard to create power privacy for the neighbor behind us.

All right. Are you familiar with the requirements to register the property? Yes. So make sure you get a copy of the staff report. It does specify those requirements. Okay. Okay. Anything else you want the board to know?

Good question. Are you allowing use of the garage for the guest?

Yes, because the washer and dryer are in that same vicinity. Okay.

And how many cars can you put in the garage?

Yes.

Okay, any other questions for, uh. Mr is Western Western Huffer. Yes.

Do you have any other, um, short term rental?

So this is our 1st issue for our 1st.

So, thank you. How are you going to, um. capture your reservations? Are you going to use Airbnb or any of those?

We're planning to list first on Airbnb, just want to get our foot wet per se, and then maybe expand to BRBO if there's some opportunity. We know Louisville is a good venue because we're close to the fairgrounds, and also we want to capitalize the Derby time also. But at the end of the day, tourism in Louisville in general, I think it's increasing also.

The neighbors, other than questions, did they have any concerns they expressed at your neighborhood meeting?

Um, I think just me, I mean, yeah, they're pretty protective of what goes on around. So they were when they came there, I think they were worried about people having parties and noise and everything like that. So that's why we want to try since we're 4 doors down with the 2 year old. We're pretty protective of our area too. So. I want to make sure that no one's doing anything. We're not supposed to in that short term rental.

And are you willing to give your neighbors your contact information?

Yes. Yes, they have all our numbers. They went to the meeting.

They know where to find you.

Have you given any consideration to local versus out of town or. Guests from out of town or and or local guests.

Yeah, after local, we'll screen them more because we don't have parties and because it's more for that. But I mean, we'll. Per applicants, we're going to have to screen them.

So, basically, as far as screening, you know, we don't want to do an automatic approval. We want to approve them. Each guest per se, so. We want to do at least 2 days of. Rental for the Airbnb that way, just to minimize people party, because I know on the news people would just run an Airbnb for 1 day and we don't really want to do any partying at the house. 2nd of all, like, you know, we want to make sure all the other guests who's going to rent the property are listed so that we can review who's going to be staying there.

Thank you. Okay, and will you have some sort of 1st aid kit or 1st aid supplies available?

Yes.

Always ask that.

So as a two-year-old mom, and I'm also a nurse, that's kind of my OCD forte, got to have, you know, medication kits anywhere. I mean, you can ask my husband, got one in the car, got one in the house.

Every car.

All right. Thank you. Thank you very much. We do have an individual signed up to speak in opposition, which means that after the The we hear that testimony you'll get 5 minutes for rebuttal to address those concerns. Thank you. Mr. Hayes.

Good afternoon. Good afternoon. Name and address please. My name is Brian Hayes. I live at 3, 1, 0, 0, Rome road. Louisville, Kentucky, 4, 0, 2, 1, 6. I am here for a friend. Sir. Yes, I'm sorry.

I do need to swear you in. Do you swear the testimony you're about to give today is the truth?

Yes, ma'am.

All right, please proceed.

I am here for a friend. I am a retired lawyer, but that I am my I suspended my license. I made it clear to the Westinhofers that I suspended my license. in Kentucky about a year ago, but I'm here. I simply am not opposing on my friend's behalf the application based upon the fact that my friend lives across the street and wants this to remain a residential district. Other than that, I didn't have anything unless you had questions for me on Mr. Call's behalf.

Are there any questions for Mr. Hayes?

No, you understand this is not a zoning change. This is just a conditional use permit, so it will remain residential.

Yes, ma'am.

Thank you.

I don't believe there any further questions. Thank you so much. Thank you. All right. Mr. Mrs. Westenhofer, you have five minutes for rebuttal.

I guess in regards to his, you know, you know, voice and concern about keeping them neighborhood residential. I mean, we're on the same boat because we live four houses down. So we want to keep the property safe and peaceful as much as possible. That's why we want to enforce like rules and policies for the guests to follow, you know, We're going to put cameras outside and then in the backyard, just to make sure that they're buying by that loss or not loss, but rules and that, you know, we live for that houses down and that we can confront any renters that might be making any commotion or any annoyances for the neighbors around it. So.

Okay.

All right. Anything else?

All right.

Thank you.

At this point, I'll close the public hearing. We'll move into deliberations on 26 CUP 0102.

I don't recall a short-term rental we've had where the owners live this close. They will be more inconvenienced than anyone.

Okay. So we've talked about the parking requirements or the parking that's available for use and the oversight screening of guests. Are there any other clarifications that are needed on this rental? Is anyone ready to make a motion?

Ready for a motion chair?

Oh, I'm sorry. Yes. Yes.

Thank you. In reference to case number 26 that CUP-0102, I move to approve the conditional use permit based on staff's report and analysis and the applicant and staff testimony heard today, subject to the conditions, the two conditions, proposed conditions on page 7.

Thank you. Is there a second?

Second.

It's been properly moved and seconded to approve 26 CUP-0102 as stated. Roll call, please.

Horton?

Yes.

Ford?

Yes.

Pozos?

Yes.

Lewis? Yes. Scott?

Yes.

Vaughn?

Yes. The CUP has been approved. Thank you. Last item on the agenda, 26 CUP 0105. Tyler?

Good afternoon, Tyler Posinski, Office of Planning, 444 South 5th Street, 4202. About 26 105, this is a conditional use permit to allow a short term rental of a dwelling unit. That is not the primary residence of the owner. It is our 5 residential in the traditional neighborhood. It is has 5 bedrooms with a 12 guest maximum. There is off street parking available by the existing driveway. There are no short term rentals approved by within 600 feet. Uh, in the staff report, you'll see your proximity map that shows a within 600 feet that. No longer exists, it's been, uh, avoided out for not me. Registration that was years ago, but for some reason, the computer keeps adding it. I don't know why.

Okay, so 16, 1051 is avoided. That's what you're referring to. Okay.

This is the zoning residential. This is the aerial of the subject property. This is from the street view of the existing building.

This is the property to the south. The property to the north.

And this is across the street on South 6th Street. Staff finds the request is really justified for approval based on the staff analysis. There's no short terminals within 600 feet with the CUP. The property does include on-site parking to accommodate the use, and it meets all applicable standards of the conditional use permit. Any questions?

Questions? Thank you, Tyler. Ms. Tang? Good afternoon. Name and address, please.

My name is Melanie Tang. I'm located at 4811 South 6th Street.

And your zip code?

Louisville, Kentucky, 40214.

Thank you. Ms. Tang, do you swear the testimony you're about to give today is the truth? Yes. Thank you. Please proceed.

For the short-term rental at 4519, we're requesting for approval of the short-term rental. I do live five minutes from the address, primarily because I love the neighborhood in Beachmont. I am a frequent community person at On public speaking posts and groups for the short term rental, we plan to renovate and update the interior. I'm familiar with the neighborhood here. So, as I am getting older and establishing myself as a. Young professional, I would like to. Relocate back to level. Yeah, so.

So how will the property be managed?

The property be managed by me and also the local property management that is experienced here in Louisville, Kentucky. This is my first Airbnb short term rental, any of the sort. So it'll be a learning process for sure.

Tell me about your neighborhood meeting.

So I only had one person join and I'm familiar with her. So she is actually the next door neighbor. She's very close friends with the former owner of the home. She has made aware of concerns such as safety with people coming in and out. Also managing the character of the neighborhood. I intend to keep the characteristics of this neighborhood and eventually occupy it myself. So it's until it's renovated and it's only short term and then eventually long term I will be in there myself.

Tell us a little bit about your house rules.

For the households, there are quiet hours. On my personal home at 4811 that I currently occupy, we have surveillance cameras on the exterior, so I also intend to install those cameras as well. We also screen people for those that will be occupying the home.

Okay, but you don't do that currently. This is your first one, is that right?

This will be the first one, yes.

Okay, all right. And when do you plan on moving back and maybe a year or 2? Okay, but until that time, you would have a property manager overseeing this property. Yes. Okay.

And a host, and I will be a co host since I am nearby.

And the property did I hear you say it needs to be renovated and updated.

Yeah, we just plan to update the interior, like walls and stuff like that. Flooring cleaning it up a little bit.