Minutes of the ZALU meeting of Aug. 13, 2014

Minutes of the ZALU regular monthly public meeting of 8/13/14 (Approved on Sept. 10, 2014)

Location: Old Louisville Information Center

Attendance: Chuck Anderson, Chairman; Erin Lee; Lira Johnson; Mary Martin; Stephen Peterson; 

Leah Stewart; Christopher White; Joseph Impellizzeri; Bob Bajandas

Absent: None

Quorum: √

Guests: none

Called to order: 7:05p

Summary of actions: *Motion/Second/Vote M/S/V* on ZALU July 9 meeting minutes.

Order of business:

1. July 9, 2014 Minutes approved. Vote unanimous.

2. Report by Chuck Anderson: Subject: Councilwoman Bryant-Hamilton’s moratorium on rooming and transitional housing in District 5. In July, Chuck presented the ZALU proposal to the OLNC for its approval and action. OLNC tabled the proposal and sent it off to the Neighborhood Associations (NAs) for their advice and consent before OLNC votes on it.

7-9 Motion to have OLNC write and send a letter to CM James supporting the idea of: 1) Bryant-Hamilton’s moratorium specifically targeting boarding and lodging houses 2) a study of the zoning effects and lack of controls on boarding and lodging houses

3. ReportbyBobBajandas,ChristopherWhite,andLeahStewart Subject: Definitions of abandonment in the Metro codes and Kentucky statutes. Bob, Leah and Christopher determined that the Metro Land Development Code (LDC) and Metro VAPStat definition of abandoned property would be the focus of their discussions on language revisions. Specific proposal: that framing language be added to the beginning of LDC Chp. 1.3.1 which expressed the reason and long term goal for the zoning classification of “nonconformance” or “nonconforming use”; that the indicators and conditions which establish abandonment in LDC Chp. 1.3.1 conform to the language used by the Metro VAPStat program for determining an abandoned property; that the specific language for these two revisions would be drafted by Bajandas, Stewart and White, vetted at the August ZALU meeting before being presented to CM James both in an email and in a meeting with Bob, Leah, Christopher, and possibly Chuck, too.

4. Report by Lira Johnson 

Subjects:                                                                                                                                                                                                          1) Definitions of family. LDC Chp. 1.2 Definition of family read:

LDC 1.2 Definition of family: One or more persons occupying premises and living as one housekeeping unit using one kitchen, and distinguished from a group occupying a boarding and lodging house, fraternity or sorority house, a club, hotel, or motel.

Does HUD/FHA require such a definition in the local codes, or any definition of family in the local codes? No. FHA protects against any discrimination for familial kinship units. So, can family be defined differently than the LDC 1.2 definition? What can you limit that doesn’t impinge on “familial kinship units”? Lira suggests that revising the language of density of occupancy per sq. ft. might be a starting point and that any such revision should be bundled with the abandonment and nonconformance revisions given to CM James.

Subjects:                                                                                                                                                                                                          2) publication of nonconforming status and intent of owner to maintain nonconforming use. Should be published at time that a C.O.O is issued, ought to be published when other permits issued. Peterson highlights the problem with Metro’s lack of a required time period for processing and public recording of deed conveyances.

3. Old business

A. TNZD revisions. Chuck gives status report on condition of the revisions (as approved by ZALU in Sept. 2013).

B. B&B motion. Chuck gives the status of the B&B proposal approved by ZALU in spring 2013 and presented to OLNC. OLNC tabled the proposal expressing concerns that “permit by right” would deprive the neighborhood of notification when a new B&B enterprise was opened on a block. The TNZD Review Group of ZALU will need to reconvene in order to reconsider/rewrite the proposal. Leah states that a citywide “permit by right” for B&Bs is pending, though she doesn’t know the specific language of the code revision.

C. Property cases Case Z-14-04 944 S. 6th. Peterson reports on Newman Spring Company building. Zoning violation of the current use (as storage) has been cited by Metro. The case will stay active. Peterson will report when case develops.

Case Z-14-05 109 W. Ormsby Av. White reports. Case should stay open. Owner has been cited for zoning violation (enlargement of a nonconforming use) and a court hearing is in process.

Case Z-14-03 1444 S. 2nd. White reports. Case closed. SSNA will not appeal the Metro PDS determination of nonconformance as a triplex. Case to be moved to inactive status.

Other issues: 1379 S Brook. Lira reports. Has abandonment occurred? It is suggested that Lira call April Robbins. 1361 S. Brook. Lira reports. Issues there are not yet about zoning. 1388 S. 2nd. Questions about number of units remains unanswered. No survey of meters done. Joe will check. 1043 S. 1st: Chuck inquires. Bob will report. 1257 S. Brook. Mary reports on numerous citations from Metro against property.

D. ZALU letter to new owners regarding zoning issues. ZALU hasn’t reviewed letter in a long time. David Williams, new administrative secretary of the Information Center, will be briefed by Chuck on this matter. When current letter is found, it will be sent to ZALU committee for review.

4. New business: 

A. Shooting incident at 1435 S. 4th on weekend of PGA tournament. Police response is criticized. Chuck reports that questions were raised by neighbors about the zoning compliance of the property as to number of apartment units in the newly restored house. Several members of ZALU pointed out that the house is single-family because it was required to revert from its former multi-unit status back to single-family and that there are a large number (possibly 11) of students all on one lease at the house. 

B. PVA subscription. Anyone who wants the log-in credentials to the service should contact Christopher.

C. 942 S. 6th St. Stephen introduces the property and its issues, however, none yet appear as zoning items. 

Adjourned 8:20 p.m. 

Minutes kept by CTWhite

ZALU Minutes of July 9, 2014

Zoning and Land Use Committee [ZALU] of the Old Louisville Neighborhood Council 
Minutes of the ZALU regular monthly public meeting of 7/9/14 (approved on Aug. 13, 2014)

Location: Old Louisville Information Center

Attendance: Chuck Anderson, Chairman;  Erin Lee; Lira Johnson; Mary Martin; 

Stephen Peterson;  Leah Stewart; Christopher White.  

Absent:

Joseph Impellizzeri (excused absence); Bob Bajandas.

Quorum: √

Guests: none

Called to order: 7:05p 

Summary of actions: 

M/S/V* on ZALU June 11 meeting minutes.

M/S/V on proposal to send OLNC a request for action on a Boarding house issue.

*Motion/Second/Vote

Order of business:

1. June 11, 2014 Minutes approved. Vote unanimous.

2.  Reports by Chuck Anderson: 

A. OLNC approval of the ZALU Charter with amendments was given at June 24 OLNC meeting.

B.  Subject: Metro CW Hamilton's moratorium on rooming / boarding / lodging houses and transitional housing:

Motion to have OLNC write and send a letter to CM James supporting the idea of:

  1) a moratorium that specifically targets boarding and lodging houses

  2) a study of the zoning effects and lack of controls on boarding and lodging houses

Discussion:

Q: Can letter include our hope that licensing is enforced?

Q: How can they enforce a moratorium on something they don't control?

Q: Is CM Hamilton merging definitions of rooming houses and transition houses?

M/S/V-Approved. Vote unanimous.

3. Old business

Case Z-14-03

1444 S. 2nd. White reports. Gives specs on the staff determination for nonconforming rights as a triplet.[triplex]

House still has four working meters which will be used to show the intention of the previous owner to maintain the nonconforming use. Not a winnable case.

Far and better way with this case is for PIC or SSNA to pursue its fire and safety issues.

Case Z-14-04

944 S. 6th. Peterson reports on Newman Spring Company building.

Current use since 9/2012:  storage space. Described as big garage, a "Non-contributing structure." Property reverted to a single-family "as mapped" status back in 2007.

Cabbage Patch rents storage space on property.

Discussion:  Comparison made to The Vault @ 1031 S. 6th. Bajandas letter cited.

Three problems here

1) nonconforming use continues as a problem for a residential development and character.

2) problem of reverting to residential. Who would develop such a building?

3) property upkeep & Health Dept. issues could be addressed by MetroCall complaints/service requests.

4) it is not felt to require ZALU action, but [however] Peterson could initiate actions and report back.

Other issues:

1379 S Brook(?) -2nd house North of Magnolia on east side.  What's going on, Lira asks?

What about dumpster on street? Where is permit info found? Is it a single or multi-family?  Where is this information? White will send Johnson URL for IPLCIS database.

[IPLCIS url http://portal.louisvilleky.gov/codesandregs/mainsearch/IPLCISEntry.aspx]

For reference: see attached information sheets on subject property - 1379 S. Brook:

  a) PVA page

  b) Lojic map

  c) IPLCIS Permit page indicating single family classification

  d) IPLCIS IPL inspections record for 2014

1339 S. Floyd. What's going on? Mary Martin reports. It looks abandoned. Accumulated tree limb debris. 

If the mailman goes up to property, Mary says: "I'd be shocked".

Is it IPL issue? Is it vacant? 

4. New business:

A. Presentation on multiple definitions of abandonment. White reported.

History: ZALU has talked in years past about working to get some language changed 

in either Metro codes or Kentucky statutes, the latter being the more difficult.

Discussion points to a need for ZALU to distill its concerns/goals and take to CM James.  Where in the codes is the specific problem, what do we want done, what is the process, and what can actually get done? Bajandas email from earlier on July 9 read.

  1) White asks that ZALU dedicate part of the next several meetings toward this effort. He will work with Bajandas & Stewart on the abandonment and nonconformance issue and report back at July meeting.

  2) Send spreadsheet & compilation of the multiple definitions and indicators of abandonment to Jeanna Dunlop and Mary McGuire, also Mike Hill.  Include a thanks to Jeana & Mary for their ZALU presentation in May. [June]

Just ask Hill to review documents.

B. Lira Johnson reported on how other cities require recording when properties remodeled,

when ownership changes, and with new leases. Will summarize the models.

Lira will study and report back to ZALU in July [August] on Federal definition of family.

C.  Mary talked about the PVA classification being another source of confusing

language and property classifications.

5. Summary of the individual tasks of various ZALU committee members for the coming period.  

Approved version of ZALU charter needs to be sent to ZALU members.

Adjourned 8:35 p.m.
Next meeting: Aug. 13, 2014

Minutes kept by CTWhite

Minutes of June 11, 2014 ZALU meeting

Minutes of June 11, 2014  ZALU meeting [Approved on July 9, 2014]

Old Louisville Zoning and Land Use Committee.

Regular monthly public meetings are scheduled on second Wednesday of each month.

Location: Old Louisville Information Center, Central Park

Called to order at 7:05 PM.

Attending members: Chuck Anderson, ZALU chair; Erin Lee; Leah Stewart; Mary Martin; Lira Johnson;

Joe Impellizzeri;  Bob Bajandas;  Christopher White

Absent members: Stephen Peterson (Absence excused)

Others in attendance:  Howard Rosenberg, OLNC chair, ZALU member ex officio [nonvoting]

Guests:  Mary McGuire (Metro Vacant & Abandoned Properties); Jeana Dunlap (Metro Community Revitalization)

Summary of actions: Various subjects discussed. No motions or voting were transacted.  Two motions, two votes.

Order of Business

I. Minutes from May 14 meeting presented. Motion to accept.  No changes. Second & Vote. Approved unanimously.

II. Visitors from VAPSTAT  Metro Vacant & Abandoned Properties Statistics multi-agency program.

Jeana  begins presentation. VAP program Initiated in 2011. Fact:  6 –7 K abandoned or underutilized properties -structures and vacant lots - citywide.     (See provided handout. Live Work Play VAPStat).

Recent initiatives:

·       To streamline/remedy legal and title issues that hinder site control and recovery

·       Donation program and land bank authority

·       Competition for lot beautification (permanent or temporary)

Mary McGuire continued presentation.

·       2011 state law prioritized Metro liens to second in line of creditors when an encumbered property is sold

KRS 381.770 (7) The [municipal] lien…shall take precedence over all other liens, except taxes.

·       Process: Referrals, Court process, Foreclosure, Sale,

For more information and study go to program website <www.vapstat.louisvilleky.gov>

Discussion:

Questions raised about abandonment criteria.  Are there VAPStat tools that ZALU can use?

What is the VAPStat definition of abandonment. 

      Abandoned Urban Properties [AUP] definition and process is basis for VAPStat def & process.

      file:///<http///vapstat.louisvilleky.gov/abandoned-urban-property>

Review AUP definition of abandonment. Note: AUP is a division of PVA. Note: AUP is enforced by PVA.

      file:///<http///www.louisvilleky.gov/CSR/Revitalization/Abandoned+Urban+Property.htm>

Definition of Boarding and Lodging House a.k.a. “rooming house”, “sleeping rooms” “flop house”.

LDC is under revision; now is good time to submit comments for new language regarding definition of abandonment.

Lira proposes that we ask for a single definition of abandonment; show the many sources and different wordings.

This multiplicity of definitions needs uniformity. Developers as well as homeowners, and organs like ZALU, deserve clarification and streamlining of the whole issue of abandonment and its processing by Metro and its various agencies.

Similar is the issuing of Certificates of Occupancy [COO]– for new construction, remodeling, new ownership & leases.

ZALU actions:

      Lira will report on local & national definitions/models & case law - re: abandonment and issuing of COOs.

      Bob Bajandas will speak with Michael Hill of Metro who is overseeing the submissions of revisions.

      Chuck will speak to Councilwoman Bryant Hamilton about her proposed moratorium on new boarding houses.

III. Amendments to ZALU Charter. Report by Chuck. Up for approval with small changes by OLNC in June.

IV. Properties

A.    Bob reported on 1325 S. 3rd St. Construction of rear porch that impinges on private yard. Going before Metro     

    Planning commission. Owners ask for support of ZALU. Motion to support and for Bob to write letter of support.  

    Seconded. Vote; approved all.

      B. 1388 S. 2nd. Review case information.

      C. Reviewed.  Letter to owners/realtors when multi-unit property is listed. Currently not in an active OLNC service.

      D. Other cases on agenda deferred.

     

V.  Adjourned 8:40 p.m.

NOTES FROM ZALU MEETING OF MAY 14, 2014

Notes from May 14 ZALU meeting
Old Louisville Zoning and Land Use Committee.
Regular monthly, public meetings are scheduled on second Wednesday of each month.

Location: Old Louisville Information Center, Central Park
Called to order Wednesday May 14, 2014 at 7PM.

Attending members:
Chuck Anderson, ZALU chair
Erin Lee, Leah Stewart, Mary Martin, Lira Johnson,
Stephen Peterson, Bob Bajandas, Christopher White

Absent members: Joe Impellizzeri [200 West Block of Magnolia]

Others in attendance:
Howard Rosenberg, OLNC chair, ZALU member ex officio [nonvoting]

Summary of actions taken: No motions or voting were transacted.

Order of Business
I. ZALU committee members introduce themselves.
Chuck Anderson, chairman
[1300 Block of 3rd St] - 1300 Block Association

Erin Lee
[Business address 1400 S. 1st St] - Ouerbacker Court NA

Leah Stewart
[1300 Block of 6th St] - West Central Park NA

Mary Martin
[1400 Block of 3rd St] - Third Street NA

Stephen Peterson
[900 Block of 6th St] - Limerick NA

Lira Johnson
[1300 Block of 1st St] - Toonerville NA & Ouerbacker Ct. NA

Bob Bajandas
[1400 Block of 6th St] - West Central Park NA

Christopher White
[100 West Block of Ormsby Ave] - Second Street NA

II. Discussion of secretary's role. Christopher White will take these duties provided that a suitable audio recording device with microphones is utilized to capture the transacted business.

III. The revised Zalu Charter was approved by a majority of this committee and sent to OLNC which, after discussion, made the following amendments to charter:
1. ZALU committee is restricted to no more than two members from any one NA.
2. Chuck & Howard summarized the OLNC discussion and pointed out a second action by the OLNC which impacted ZALU. If an issue arises that fall under the purview of both ZALU and PIC,
i.e. parking, then the OLNC Chair can form an ad hoc committee comprised of members from both ZALU and PIC to examine the issue and make recommendations to the OLNC.
A final copy of revised and amended ZALU charter will be sent to members shortly.

IV. ZALU database of cases - both active and inactive - as developed and previously maintained by Helga Ulrich will,at this
time, be updated by Chuck and sent out to members shortly.
Database current to April 14, 2014.
(Additions follow below in Paragraph V.)

V. Current zoning cases discussed
1) 1388 S. 2nd. Apartment House. Owner: DF Investment Group.
On the market for sale.
There was a question raised by a neighborhood resident about enlargement of number of units in the apartment house. Joe Impellizzeri will be asked to provide a report on this property as he has been inside it.

2) Tangent. Extended discussion of-
 a) past experience with enlargement of use cases taken to Metro Board of Zoning Adjustment [BOZA]
 b) multiple definitions of "abandonment" of non-conforming use rights as found in-
  i. Property Maintenance Code
 ii. Kentucky Revised Statutes
iii. IPL and Abandoned Urban Properties criteria
 iv. BOZA rulings
 c) Stephen Peterson contributed information about Metro's
VAPSTAT program, a.k.a Vacant and Abandoned Properties Statistics  <http://vapstat.louisvilleky.gov>

3) 1444 S. 2nd. Single-family property. Owner: Wilder Park Llc. Contact: Ms. Anna Tatman.
Notes: Owner wants to develop property as a triplex.
Christopher White will review & report on case.
 
4) 944 S. 6th. Owner: Matcok Properties Llc.
Contact: Edward L. Galloway    
Notes: Non-contributing property has been vacant for years. What is its status?
Stephen Peterson will review & report on case.
 
5) 109 W. Ormsby Ave. Owner: John C. Elswick.
Non-conforming boarding/lodging house (Rooming House).
Notes: Rooming House being transformed into apartment house. Metro inspection is pending.
White will review & report on case.

6) 1031 S. 6th. Vault. Owner: Nancy Cogan.
Notes: Change of mapping. Going before Land Development & Transportation committee on May 22.
Bob Bajandas will represent ZALU at the May 22 hearing.

VI. Leah Stewart inquired about TNZD review process. Chuck will send members the updated spreadsheet.

VII. Adjourned at 8:15PM. Next meeting of ZALU: June 11

Notes taken by CTWhite

 

NOTES ON ZALU MEETING OF 4/9/14

NOTES ON ZALU MEETING OF 4/9/14
LOCATION: OLD LOUISVILLE INFORMATION CENTER

 IN ATTENDANCE -
 CHUCK ANDERSON, CHAIRMAN
 LEAH STEWART,
 MARY MARTIN,
 CHRISTOPHER WHITE,
 HOWARD ROSENBERG (MEMBER EX OFFICIO)

CALLED TO ORDER-7:05P.M.

WHITE BELIEVED THAT THE RULE OF A QUORUM OF FIVE LEGAL MEMBERS 

WAS MET, AS STIPULATED IN THE ZALU CHARTER. 

ANDERSON AND ROSENBERG DISAGREED WITH THIS POINT BECAUSE THEY

BELIEVE THAT ROSENBERG'S ATTENDANCE DOESN'T COUNT TOWARD QUORUM.

THUS,  WITHOUT A QUORUM, NO BUSINESS COULD BE TRANSACTED, 

THOUGH A PUBLIC MEETING COULD STILL COMMENCE.

---
ORDER OF TOPICS FOR DISCUSSION PRESENTED BY CHAIRMAN ANDERSON.

NO MINUTES FROM MARCH 12 MEETING WERE READ.

---
REVISIONS TO THE ZALU CHARTER DISCUSSION OPENED.
CURRENTLY OPERATIVE VER. 5 OF CHARTER COMPARED TO THE PROPOSED 

REVISED VERSION OF MARCH 24, 2014.

PARAGRAPH 2 DISCUSSED.
CTWHITE PROMPTED THE FOLLOWING QUESTIONS.
 WHAT IS THE RATIONALE FOR LIMITING VOTING ZALU MEMBERSHIP TO
 NINE APPOINTED SEATS? WHY NOT STIPULATE ONLY "AT LEAST NINE SEATS"
 AND ALLOW FOR ALTERNATE WAYS TO FILL THE SEATS?
 WHY IS IT BELIEVED THAT THE PROPOSED APPOINTMENTS SERVE ZALU BETTER THAN THE CURRENT CHARTER'S CONTROLS? ROSENBERG OFFERED HIS THOUGHTS.
A MAJORITY IN ATTENDANCE STATED THAT THE CURRENT CONTROLS ARE NOT WORKING 

AND SOMETHING ELSE MUST BE TRIED, WHETHER THE PROPOSED CONTROLS WILL WORK 

IS ANYONE'S GUESS.

PARAGRAPH 4 OF PROPOSED REVISED CHARTER AND RELATED PARAGRAPH IN EARLIER 

CHARTER  VER. I.3  DISCUSSED.
WHITE ASKED IF ZALU WOULD BE BETTER SERVED BY HAVING THE OLNC CHAIR
APPOINT SOMEONE FROM OUTSIDE OF ZALU AS A NON-VOTING SECRETARY FOR THE 

RECORDING AND PUBLISHING  OF ZALU BUSINESS AND OTHER TRANSACTIONS.  

LEAH STEWART ASKED IF THERE BE MONEY FOR SUCH AN APPOINTMENT IN THE ZALU BUDGET? DISCUSSION DEFERRED. IT WAS GENERALLY AGREED THAT THIS WAS A SERIOUS ISSUE AND

NEEDED TO BE REVISITED LATER AND THAT SUCH AN APPOINTMENT SEEMED A USEFUL IDEA.

PARAGRAPH 3: WORDING ON ZALU CHAIR APPOINTMENT.
THE WORDING IN THE CURRENTLY OPERATIVE  VER. I.5 OF CHARTER EXPRESSES BETTER, 

THAN THE REVISED VERSION, HOW THE ZALU CHAIR IS SELECTED. 
THE OLDER LANGUAGE FROM CHARTER VER 5 WILL BE USED FOR THE REVISION.

---
 MEETING DAY OF ZALU DISCUSSED.
 HELGA ULRICH HAD REQUESTED BY E-MAIL THAT THE RECENT CHANGE (FEB 6) OF THE
 ZALU MEETING DAY FROM FIRST THURSDAYS TO SECOND WEDNESDAYS BE RECONSIDERED.  

NO CHANGE WAS ISSUED.
IT WAS SAID BY THE ZALU CHAIRMAN THAT THE RECENT CHANGE OF MONTHLY MEETING DAY 

TO SECOND WEDNESDAYS WAS DONE TO ACCOMMODATE LEAH STEWART'S SCHEDULE, 

THAT IT WAS RECONSIDERED AT THE MARCH 12, 2014 MEETING AND ALL AGREED TO LEAVE 

THE CHANGE IN PLACE.

WHITE ASKED LEAH STEWART, IN FRONT OF THE GROUP, IF ALL FIRST-THURSDAYS OF 

THE MONTH WERE INDEED IMPOSSIBLE FOR HER. SHE REPLIED THAT AFTER THIS MAY

SHE HAD NO PROBLEM WITH FIRST THURSDAYS AS OUR MEETING DAY. ANDERSON AND MARTIN,

HOWEVER, DID NOT WANT ANOTHER CHANGE; LEAVE THE CHANGE AS IS.

TNZD REVIEW DOCUMENTS DISCUSSED. A FINAL VERSION IS PENDING FROM CHUCK.

STATUS OF TNZD SIGNAGE RECOMMENDATION DISCUSSED.
---

JUST PRIOR TO ADJOURNMENT, WHITE REQUESTED THAT SOMEONE IN ATTENDANCE SEND 

BY E-MAIL TO ZALU MEMBERSHIP THE REVISED CHARTER DOCUMENT ALONG WITH A 

SOLICITATION FOR A MOTION BY A ZALU MEMBER THAT THE REVISED CHARTER BE MOVED ON 

TO THE OLNC FOR ITS CONSIDERATION AT ITS UPCOMING APRIL MEETING. ONCE SECONDED, 

THE MOTION WOULD BE OPEN TO A VOTE WITHOUT FURTHER DEBATE. 

IT WAS GENERALLY AGREED SO TO DO.

CHAIRMAN ANDERSON WILL SEND OUT THE DOCUMENT AND PROMPT. 

MARTIN QUESTIONED WHO WOULD BE THE ZALU MEMBERSHIP COHORT TO RECEIVE THE EMAIL.

THE MEMBERSHIP WHO WILL RECEIVE THE DOCUMENT AND SOLICITATION ARE:
CHUCK ANDERSON, LEAH STEWART, MARY MARTIN,
JOE IMPELLIZZERI, HELGA ULRICH, STEPHEN PETERSON,
TIM BOTTORFF, CTWHITE, BOB BAJANDAS. (IT WAS STILL PRESUMED BY THE MAJORITY THAT HOWARD ROSENBERG DID NOT HAVE VOTING RIGHTS WITHIN ZALU.)

WHITE WILL GET A HARD COPY OF MATERIALS TO BOTTORFF WHO DOES NOT
USE AN E-MAIL SERVICE.

---
ADJOURNED AT 8 :05 P.M.

NOTES SUBMITTED BY IPAD, BY CTWHITE

Old Louisville ZALU meeting: Feb. 6, 2014

The first 45 mins. of the February 2014 ZALU meeting took up the project
on 1031 S. 6th St. from Old Louisville resident Nancy Cogan 
with Q&A following on the subject of her redevelopment
of Vault 1031 property. She is being advised by her lawyer and 
Metro PDS staff on the intricacies of the zoning issues and what is the 
most effective way to have zoning/mapping of property adapt to her vision for 
the Vault 1031.

ZALU had little to offer her at this time besides a listening ear and 
sounding board. Some members of ZALU  expressed
a) reservations about the precedent created by a remapping of a particular 
property to fit a developer's plan rather than the other way around
b) suggestions for alternative procedures that would have less long lasting 
impact on the area around her property
c) a request that Ms. Cogan inform the nearby residents of the 
impact of her plans, seek their support and come back to ZALU a.s.a.p.

ZALU will consult with Metro PDS about our suggestions for an alternative 
process having to do with changing the nonconforming uses of the property, 
especially if we can show neighborhood support for this alternative.

The next 30 minutes were taken up with a presentation by resident 
Wade Mattingly on his hopes to open a craft beer "brew pub" in a 600 sq ft 
space at 1207 S 6th St. His notion for a brew pub, commendably fueled by 
passion for both brewing and his newly adopted OL neighborhood, appears 
to have hit a wall and needs to be reformulated if it is going to work in 
Old Louisville. Mr. Mattingly disputed that his intended business fits the
definition of a"tavern". However, there is no definition for "brew pub" in 
the Metro Land Development Code.

Problems:
A) zoning codes pose a legal barrier to Mattingly's idea in its current form;
B) a tavern cannot operate at 1207 S 6th, a property zoned corner commercial;
C) a brewery, defined as a manufacturing enterprise, is allowed only in an area 
zoned for industry, if brewery is the primary enterprise of the business.

The business model that Mattingly might consider is the Beer Engine and its
successful effort to get the zoning changed for site of its Germantown location.

Other subjects: the regular monthly meeting day of ZALU may need to change.
The likely new meeting day will be the second Wednesday of each month.
Time will remain the same.

Notes submitted by CTWhite

Case ends. Judge rules in favor of BOZA.

In the first week of March, 2012, Judge Maze ruled in favor of the Metro Louisville Board of Zoning Adjustment [BOZA] in the case over non-conforming use rights granted to King Southern Bank for the property at 224 E. Oak St. 40203. He said that for all evidence showing abandonment,  there was presented countering evidence showing non-abandonment. In such a case, the Court would not impose itself on the local administrative body and so it upheld the ruling of the BOZA.

The appellants are grateful for the skillful work and support of their attorneys and, likewise, the support of the many individuals who have contributed money to help cover the legal expenses. We have remaining a about $2000 of unpaid billing and ask you, the reader, to consider helping us again to retire this debt.