Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, June 19, 2017 8:30 AM Old Jail Courtroom Call To Order Present: 6- Board Member Rosalind Fishman, Board Member Betty Jarboe, Board Member Dean Tharp, Board Member Lula Howard, Board Member Dwight Young, and Chair Person Michael Allendorf Absent: 1- Board Member Lester Turner Jr. Approval Of Minutes 1. BOZA_Minutes_06.05.17 Approval of the Minutes from the June 5, 2017 Board of Zoning Adjustment meeting. A motion was made by Board Member Fishman, seconded by Board Member Jarboe, that the Minutes from the June 5, 2017 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Jarboe, Tharp, Howard, Young, and Allendorf Absent: 1- Turner Business Session 2. 17VARIANCE1024 Request: Variance to reduce the private yard area Project Name: 1302 Willow Ave Porch and Garage Location: 1302 Willow Ave Owner: Theodore & Bridget Wathen Applicant: Christopher Quirk - Period Architecture Representative: Christopher Quirk Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Jarboe, seconded by Board Member Fishman, that Case Number 17VARIANCE1024, Variance from Land Development Code Section 5.4.1.D.2 to allow a private yard area to be less than the required 30% of the area of the lot for a lot 6,000 square feet or greater in area, be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Jarboe, Tharp, Howard, Young, and Allendorf Absent: 1- Turner Public Hearing Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary June 19, 2017 3. 17VARIANCE1021 Request: Variances to permit encroachment into required side and rear yards Project Name: 810 Philips Lane Location: 810 Phillips Lane Owner: Garnet Hospitality LLC Applicant: Garnet Hospitality LLC Representative: BTM Engineering Inc. Jurisdiction: Louisville Metro Council District: 21 - Dan Johnson Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Fishman, seconded by Board Member Howard, that Case Number 17VARIANCE1021, Variance #1 to permit encroachment into the required side yard, and Variance #2 to permit encroachment into the required rear yard, be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Jarboe, Tharp, Howard, Young, and Allendorf Absent: 1- Turner 4. 17CUP1027 Request: Conditional Use Permit to allow short term rental of a dwelling unit in the Traditional Neighborhood Zoning District (TNZD) Project Name: Short Term Rental Location: 523 W. St. Catherine Street Owner: Laurie Baldwin Fallon Applicant: Laurie Baldwin Fallon Representative: Laurie Baldwin Fallon Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Jarboe, seconded by Board Member Howard, that Case Number 17CUP1027, Conditional Use Permit to allow short term rental of a dwelling unit within the Old Louisville Traditional Neighborhood Zoning District (TNZD), be APPROVED, SUBJECT to the following Condition of Approval: Condition of Approval: 1. Prior to commencement of any short term rental on the subject property, the host shall register the short term rental with Develop Louisville and shall register with the Louisville Metro Revenue Commission. The short term rental and host shall meet all additional provisions set forth in the Louisville Metro Code of Ordinances. The motion carried by the following vote: Yes: 6- Fishman, Jarboe, Tharp, Howard, Young, and Allendorf Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary June 19, 2017 Absent: 1- Turner 5. 17VARIANCE1030 Request: Variances from the required 10’ side yard setbacks Project Name: 1122 Rogers Street Addition Location: 1122 Rogers Street Owner: Rogers Street Firehouse LLC Applicant: Dinsmore & Shohl LLC Representative: Cliff Ashburner Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Fishman, seconded by Board Member Jarboe, that Case Number 17VARIANCE1030, Variances from Land Development Code Table 5.2.2 to allow a structure to encroach into the required 10' side yard setbacks, be APPROVED, SUBJECT to the following Condition of Approval: Condition of Approval: 1. The Approval of these Variances by the Board of Zoning Adjustment is contingent upon Approval of the Landscape Waiver by the Development Review Committee. The motion carried by the following vote: Yes: 6- Fishman, Jarboe, Tharp, Howard, Young, and Allendorf Absent: 1- Turner 6. 17VARIANCE1026 Request: Variance from the required 50’ street side yard setback and variance from the required 65’ front yard setback Project Name: 2005 Lakeland Road Garage and Additions Location: 2005 Lakeland Road Owner: Off Ice Flips Applicant: Ludmila Dimitrov Representative: Ludmila Dimitrov Jurisdiction: Louisville Metro Council District: 17 - Glen Stuckel Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Jarboe, seconded by Board Member Howard, that Case Number 17VARIANCE1026 be CONTINUED to the July 10, 2017 Board of Zoning Adjustment meeting. The motion carried by the following vote: Yes: 6- Fishman, Jarboe, Tharp, Howard, Young, and Allendorf Absent: 1- Turner Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary June 19, 2017 7. 17VARIANCE1031 Request: Variance from the required 6’ side yard setback Project Name: 313 Fairlawn Avenue Addition Location: 313 Fairlawn Avenue Owner: Kimberlee Kessler Applicant: Gary Doda - Affordable Builders Representative: Gary Doda Jurisdiction: City of St. Matthews Council District: 9 - Bill Hollander Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Fishman, seconded by Board Member Jarboe, that Case Number 17VARIANCE1031, Variance from St. Matthews Development Code Section 4.6.C.2.b to allow a structure to encroach into the required side yard setback, be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Jarboe, Tharp, Howard, Young, and Allendorf Absent: 1- Turner 8. 16CUP1067 Request: Conditional Use Permit to allow an accessory apartment in an R-5 zoning district Project Name: None Location: 1677 Trigg Avenue Owner: Herman Harris Applicant: Herman Harris Representative: Herman Harris Jurisdiction: Louisville Metro Council District: 10- Pat Mulvihill Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Jarboe, seconded by Board Member Howard, that Case Number 16CUP1067, Conditional Use Permit to allow an accessory apartment in an R-5 Zoning District, and to not add additional landscaping, be APPROVED, SUBJECT to the following Conditions of Approval: Conditions of Approval: 1. The site shall be developed in strict compliance with the approved development plan (including all notes thereon). No further development shall occur on the site without prior review and approval by the Board. 2. The Conditional Use Permit shall be "exercised" as described in KRS 100.237 within two years of the Board's vote on this case. If the Conditional Use Permit is not so exercised, the site shall not be used for an accessory apartment without further review and approval by the Board. The motion carried by the following vote: Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary June 19, 2017 Yes: 6- Fishman, Jarboe, Tharp, Howard, Young, and Allendorf Absent: 1- Turner 9. 17CUP1021 Request: Conditional Use Permit to allow a proposed short term rental that is not the primary residence of the host in R-6 zoning district Project Name: None Location: 2505 Standard Avenue Owner: Jhelisa Anderson Applicant: David Anderson, Jr. Representative: Donna McDonald Jurisdiction: Louisville Metro Council District: 3 - Mary Woolridge Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Jarboe, seconded by Board Member Howard, that Case Number 17CUP1021, Conditional Use Permit to allow short term rental in an R-6 Zoning District that is not the primary residence of the host, be APPROVED, SUBJECT to the following Condition of Approval: Condition of Approval: 1. Prior to commencement of any short term rental on the subject property, the host shall register the short term rental with Develop Louisville and shall register with the Louisville Metro Revenue Commission. The short term rental and host shall meet all additional provisions set forth in the Louisville Metro Code of Ordinances. The motion carried by the following vote: Yes: 6- Fishman, Jarboe, Tharp, Howard, Young, and Allendorf Absent: 1- Turner Adjournment Louisville Metro Government Page 5