Planning Committee - Regular Meeting

Good afternoon. This is the regular meeting of the Louisville Metro Board of zoning adjustment to hear cases is 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

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

Thank you. First item on the agenda is approval of the minutes from the September 14th board of zoning adjustment meeting members have you had an opportunity to review the minutes any revisions is there a second a motion is there a motion i'll make a motion that we approve the minutes of our meeting from 9 14 20 26 as written second it forward Thank you. It's been properly moved and seconded to approve the minutes from the September 14th Board of Zoning Adjustment Meeting. Roll call, please.

Yes. The minutes are approved. Next item on the agenda is 26 variance 0069.

Have you discussed those other options with the applicant?

Ms. Robles, do you swear that the testimony you're about to give today is the truth? Yes, I do.

There are some suggestions that staff had that would address concerns. And one is to install landscaping to minimize yard maintenance needed on the grade. Understand there is a grade change. And to repair the existing steps to the property and add additional safety measures instead of changing the entire front facade of the house. So I guess my question to you is, have you looked at other alternatives?

So I'm not asking you to revisit in detail everything that you discussed with the board last time. What I want to know is, did you have the opportunity, and I think what you're saying is yes, correct me if I'm wrong, to consider other alternatives to the alternative that you want the board to consider today?

Okay, members, any other questions for for Miss Robles? Don't believe there are any at this point. Thank you. Thank you.

One moment. Three minutes, yes. Three minutes on the clock, please.

I have a speaker card for Austin Guthrie, and this is to address those items which were not brought up at the prior meeting. Mr. Guthrie, anything else that you'd like to share with the board related to this case?

If you could raise your right hand. You swear the testimony you're about to give today is the truth. I do. Please proceed.

Thanks. Any questions for me? All right. Any questions for Mr. Guthrie? Don't believe there are any. Thank you, sir. Thank you. I do have questions for staff.

No, that's the only speaker card. Those are the only two speaker cards I have for this case. So at this point, yes. If there are any questions, please ask those now.

But you'd still be considering the same action that's before the board today, square footage and not height.

Yes. Okay. All right. Members, any other questions? All right. I will close the public hearing and we are in deliberations on 26 variance 0069. Members discussion. You've heard from staff, had an opportunity to review the staff report and heard testimony.

Anything else you'd like to discuss prior to a motion?

Yeah. We don't know if there were variances, but yeah.

Yeah. That's want to make sure that everybody gets a chance to hear.

And they clearly have built right straight to the concrete.

Or whether there was an encroachment into the public realm. Or preceded the current regulations. Yes. Yes. Okay. Ms. Lewis, Member Lewis, any comments?

And I would agree with those comments, Member Lewis.

Okay, given the discussion we've had, is anyone ready to make a motion regarding this case?

Do you want to make one or do you want me to make one? I'll make a motion on 26 variants 0069.

Thank you. It's been properly moved and seconded to approve the variance from land development code as discussed. Roll call, please.

So my concern is... exactly as as uh member lewis stated and that is consideration i don't think that there was um a compelling case that uh argument made that there were efforts made to look at other alternatives so that we would not be in the situation where we've got the variance into the public realm that is my big concern so um i don't envision changing my vote at this point

It's been properly moved and seconded to deny 26 variance 0069. So we'll re-canvas roll call, please.

Bond? Yes. The variance has been denied.

Okay next case on the agenda. 26 variance 0025.

A little bit of a mix up here. All right there we go.

This is the area of the variance being one foot from the property line.

This is a view from Edsel Lane into the property.

That one. So there's an existing garage back there.

The applicant should be able to answer. It does look like it's pretty close.

So I do have a question, Rachel. Staff report under standard of review item one states that the applicant has additionally obtained adjacent owner affidavits from the majority of adjoining property owners. giving consent to the variance.

So, had that been able to be accomplished with this has been a business that should have been a business session item if they were able to get that file signature.

Thank you. Do you swear the testimony you're about to give today is the truth? Yes. What else would you like the board to know about this project?

I don't believe there are any others. Thank you very much. Thank you.

All right. That's the only speaker card I have for this case. If anyone is online for the duration of the meeting, please let me know. All right. At this point, I'll close the public hearing. We'll move into deliberations on 26 variants 0025. You've had an opportunity to review the staff report and hear testimony from staff and from the applicant.

Thank you, it's been properly moved and seconded to approve 26 variance 0, 0, 2, 5 roll call, please.

Yes, the variance has been approved. Next item on the agenda 26 variance 0, 0, 8, 8.

Good afternoon. Name and address, please.

You swear the testimony you're about to give today is the truth.

And that's all. Mm-hmm. So 55 feet, three inches. It would not need to be any taller than that.

Okay. Members, any questions for Ms. Bartley?

Okay, any other questions or comments? I believe that's it. Thank you.

I have no other speaker cards related to this case. At this point, I'm closing the public hearing. We're moving into deliberations on 26 variance 0088. Members, any discussion?

And we understand the requirement why we need the height increase because of the equipment and yes, training. Yes. Okay. Is anyone ready to make a motion?

Thank you. It's been properly moved and seconded to approve 26 variance 0088 with the revision from 50, a height of 55 feet to 56 feet related to the variance. Roll call, please.

Yes. The variance has been approved. Twenty six zero one zero five.

This is on top of the retaining wall. Okay.

So what everything you've shown us they are adjacent properties, right?

So there are enforcement actions related to this case?

It is a parking lot, isn't it? I believe so.

All right. Okay, I have four speaker cards for those who wish to speak in support. If anyone who wants to speak, I'll swear you in. If there's more than one, I'll swear you in at the same time.

Do the four of you wish to speak? Okay, yes, if you'd come forward, please, I'll swear you in.

Do you swear the testimony you're about to give today is the truth? Okay. Who will lead off? You get 15 minutes, sir, and then everybody else will have three minutes.

And your zip code? 40204. 40204. Thank you. Please proceed.

So the area of the shed is included with the square footage of the deck.

Okay, understood. Thank you. Other questions? Thank you, Mr. Ford. I do have two speakers signed up to speak in opposition. So you'll have five minutes for rebuttal at the end. Oh, I do. Yes, I know that. Thank you very much. Okay.

No worries. What would you like to share with us that Mr. Ford didn't cover?

All right, let's take Miss Pablo and then Mr. Hinton.

We'll do Miss Pablo and then Mr. Hinton.

Thank you. All right, I have a speaker card for Dennis Ford.

Mr. Ford, do you swear the testimony you're about to give today is the truth?

Good afternoon. Are you able to turn your camera on?

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

All right, if there are no questions for any who've spoken in support, I have a speaker card for Gail Howard speaking in opposition.

All right. If you raise your right hand, I'll swear you in. Do you swear the testimony you're about to give today is the truth?

Thank you. Thank you. Mr. Mahorny. Good afternoon.

Thank you. Do you swear that the testimony you're about to give today is the truth? I certainly do. Please proceed. Okay.

One moment, please. Then you have five minutes for rebuttal.

Mr. Ford, one question related to property survey or property boundaries. Are you... aware or have you had any knowledge that your construction was on your adjacent property owner's property?

But you never had a survey done of your property boundaries. Is that correct?

Mr. Ford is testifying, please. All right. Anything else that you want to add? No, ma'am.

Okay, is that clear? I think I got it. All right. Thank you. Thank you for the explanation. Members, the task before us, and we've had an opportunity to hear from the applicant supporters and those in opposition, as well as staff and legal counsel regarding what our board can act on today. We have three variances before us. We cannot act on a property line dispute. We can act on approval or not of the variances today. So I'd like to hear your thoughts on that. Or is there a motion?

Does it make sense to take three in a separate motion since that's Spence-Height and the other two are encroachments?

Thank you, it's been properly moved and seconded to approve the three variances as presented. given that there is the correction to number three 11 foot variance or 11 foot fence height with a variance of seven and a half feet we're ready to vote yes lewis yes ford yes bond yes the variances have been approved thank you all right we'll take a 10-minute break

Thank you, Mr. Sarto. Do you raise your right hand, please? Do you swear the testimony you're about to give today is the truth? What would you like the board to know about your project?

No. Any questions for you from the board?

Would you put the slide back up? It's an aerial and shows where the utility easement is behind the property where Mr. Sato proposes to build. I thought that was helpful. Yeah. Yeah.

don't have any other speaker cards related to 26 variance 0111 any clarifications needed or any discussion or is there a motion go ahead madam chair yes uh regarding

So you're admitting your motion to include that clarification?

Thank you. It's been properly moved and seconded to approve 26 variance 0111 with the correction as noted. Roll call, please.

Yes. The variance has been approved. Thank you. All right.

Got it. And, of course, the difference in this one and other CUPs that we might see is the acreage on which this property resides, which allows additional guests.

You swear the testimony you have to give today is the truth.

So the one bedroom that's in In the other structure would not be rented separately.

I have a speaker card for Mr Bosco. Okay, just your questions. Okay.

Sounds good. All right at this point, I'll close the public hearing. We'll move into deliberations on. 26, modified CUP0015. Members, any discussion, or is anyone ready to make a motion?

Thank you. Is there a second? Second board spend properly moved and seconded to approve 26 modified C. P. 0, 0, 1, 5. Roll call please Lewis.

Yes, the modified C. U. P. Has been approved here.

So if someone were to have an alternative work schedule and need to pick their child up at 1030, they could not do that. I mean, 1130. Yeah. Right.

Okay. All right. And, and you had, there was a slide that showed, you mentioned that it was the cream colored house. You pointed the house out to us. So could you put that up, Rachel? Just wanted to make sure I understood the, the pickup, the drop off points for, for the children.

All right. I believe that's all the questions I had. Anybody else? Thank you. Of course.

Good afternoon. Name and address please.

Raise your right hand please. Do you swear the testimony you're about to give today is the truth? Okay. What would you like the board to know about your application, your project?

Have you had discussions with any of the neighbors about your plans for the daycare center?

Oh, and the drop off you did, we did talk about that, that the parents would pull up, drop their kids off. the idea is right in front on the curb right in front of the school or the daycare.

All right. At this point, I'll close the public hearing. We'll move into deliberations on 26 CEP 0119.

i will note that on page 1 26 waiver 0 1 12 the justification for the request we're recommending that boza approved the waiver all right and we have uh conditions of approval on page eight of eight uh we talked about the revision to number five, pick up and drop off shall be prohibited from 10 30 PM to 6 AM excluding emergencies. Is anyone ready to make a motion?

Thank you. It's been properly moved and seconded to approve 26 waiver 0-1-12. Roll call, please.

Yes. The waiver is approved. Is there a motion on the conditional use permit?

Yes. The conditional use permit has been approved. Thank you. Last case on the agenda 20 60 P 1, 4, 0.

Ms. French, do you swear the testimony you're about to give today is the truth? Okay. What would you like the board to know about your application?

Okay. And you live how far from the property?

Can we ask, because in the event of an emergency, we want to make sure that you can get there quickly. Yes, ma'am. Okay, and nobody showed up for the neighborhood meeting?

All right. I don't believe there are any questions at this at this point. Okay. Unless did you have a question member? Thank you. Okay. All right. That was the only had one speaker card for this case. I'm closing the public hearing. We're in deliberations on 26 CP 0140. Any discussion?

Thank you. It's been properly moved and seconded to approve 26 CUP 0140. Roll call, please.

Yes. The CUP has been approved. Mr. French, make sure you have a copy of this.

All right. That was the last case for the day. Is there a motion to adjourn?