Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary - Final Board of Zoning Adjustment Monday, July 24, 2017 8:30 AM Old Jail Courtroom Call To Order Present: 4- Board Member Rosalind Fishman, Board Member Lester Turner Jr., Board Member Betty Jarboe, and Board Member Dwight Young Absent: 3- Board Member Dean Tharp, Board Member Lula Howard, and Chair Person Michael Allendorf Business Session 1. 17CUP1049 Request: Modified Conditional Use Permit Project Name: Terra View Trail Location: 14105 Aiken Road Owner: Otte Family Limited Partnership Applicant: Otte Family Limited Partnership Representative: Land Design & Development Jurisdiction: Louisville Metro Council District: 19- Julie Denton Case Manager: Laura Mattingly, AICP, Planner II A motion was made by Board Member Fishman, seconded by Board Member Turner, that Case Number 17CUP1049, Modified Conditional Use Permit for heavy equipment staging and storage, be APPROVED. The motion carried by the following vote: Yes: 4- Fishman, Turner, Jarboe, and Young Absent: 3- Tharp, Howard, and Allendorf Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary - Final July 24, 2017 2. 17NONCONFORM1020 Request: Expansion of nonconforming use rights allowed by KRS 100.253(2) Project Name: 700 Central Ave. Location: 700 Central Ave. Owner: Louisville / Jefferson County Metro Gov.; Churchill Downs, Inc.; AQ Properties, LLC Applicant: Ryan Jordan, Churchill Downs, Inc Representative: Jon Baker, Wyatt, Tarrant & Combs, LLP Jurisdiction: Louisville Metro Council District: 15 - Marianne Butler Case Manager: Brian Mabry, Planning Supervisor A motion was made by Board Member Fishman, seconded by Board Member Young, that Case Number 17NONCONFORM1020, Expansion of nonconforming use rights allowed by KRS 100.253(2), be APPROVED. The motion carried by the following vote: Yes: 4- Fishman, Turner, Jarboe, and Young Absent: 3- Tharp, Howard, and Allendorf Public Hearing 3. 17VARIANCE1036 Request: Variance from LDC Section 4.4.3.A.1.a.i to allow fencing in the street side yard setback to exceed the maximum permitted height and Waiver from LDC Section 10.2.12.B to allow more than 20 parking spaces between required Interior Landscape Areas Project Name: 700 Central Ave. Location: 700 Central Ave. Owner: Louisville / Jefferson County Metro Gov.; Churchill Downs, Inc.; AQ Properties, LLC Applicant: Ryan Jordan, Churchill Downs, Inc Representative: Jon Baker, Wyatt, Tarrant & Combs, LLP Jurisdiction: Louisville Metro Council District: 15 - Marianne Butler Case Manager: Brian Mabry, Planning Supervisor A motion was made by Board Member Fishman, seconded by Board Member Turner, that Case Number 17VARIANCE1036, Variance from LDC Section 4.4.3.A.1.a.i to allow fencing in the street side yard setback to exceed 42 inches in the Traditional Neighborhood form district and 48 inches in the Campus form district, and Waiver from LDC Section 10.2.12.B to allow more than 20 parking spaces between required Interior Landscape Areas, be APPROVED, CONDITIONED upon approval of Case Number 17STREETS1012. The motion carried by the following vote: Yes: 3- Fishman, Turner, and Jarboe No: 1- Young Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary - Final July 24, 2017 Absent: 3- Tharp, Howard, and Allendorf 4. 17DEVPLAN1088 Request: Cat-3 Development plan with Variance for infill setback standards and Waiver for LBA Project Name: 110 Weisser Ave Location: 110 Weisser Ave Owner: Tony Holland Applicant: Prime Design Build Representative: Ann Richard - LD&D Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Jay Luckett, Planner I A motion was made by Board Member Fishman, seconded by Board Member Young, that Case Number 17DEVPLAN1088, Variance from LDC Section 5.1.12.A.2.a to reduce the infill front setback requirement from 25 feet to 5 feet, Waiver from LDC Section 10.2.4 to reduce the perimeter Landscape Buffer Area (LBA) from 15 feet to 10 feet along the south and west property lines, and Category 3 Development Plan for a 15 unit Multifamily apartment building on .432 acres in the C-1 zoning district, be CONTINUED to the August 21, 2017 Board of Zoning Adjustment meeting to allow the applicant and neighbors time to work on the design of the building. The motion carried by the following vote: Yes: 4- Fishman, Turner, Jarboe, and Young Absent: 3- Tharp, Howard, and Allendorf 5. 14CUP1003 Request: Minute Corrections & Status of two Conditions of Approval Project Name: Cabel Street Location: 151 & 201 Cabel Street Owner: JBS USA, LLC & Swift Pork Company Applicant: JBS USA, LLC & Swift Pork Company Representative: Glenn Price Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Steve Hendrix, Planning Supervisor A motion was made by Board Member Fishman, seconded by Board Member Turner, that Case Number 14CUP1003, January 11, 2016 Minute Corrections of Condition #18, be APPROVED, and that Condition #3 (Landscaping) has been MET, and that Condition #18 (diesel fuel emissions) has been MET. The motion carried by the following vote: Yes: 4- Fishman, Turner, Jarboe, and Young Absent: 3- Tharp, Howard, and Allendorf Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary - Final July 24, 2017 6. 17VARIANCE1037 Request: Variance to allow structures to occupy more than 30% of the required rear yard Project Name: 404 Macon Avenue Garage Location: 404 Macon Avenue Owner: Daryl & Genevieve Noble Applicant: Daryl & Genevieve Noble Representative: Daryl & Genevieve Noble Jurisdiction: City of St. Matthews Council District: 9 - Bill Hollander Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Turner, seconded by Board Member Young, that Case Number 17VARIANCE1037, Variance from St. Matthews Development Code Section 9.2.Q to allow more than 30% of a required rear yard area to be occupied by structures, be APPROVED. The motion carried by the following vote: Yes: 4- Fishman, Turner, Jarboe, and Young Absent: 3- Tharp, Howard, and Allendorf Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary - Final July 24, 2017 7. 17CUP1009 Request: Conditional Use Permit to a rehabilitation home in an EZ-1 zoning district Project Name: Landmark Rehabilitative Medicine Location: 4112 Fern Valley Road Owner: Daymar Properties, LLC Applicant: Simsbury Associates, Inc. Representative: Matt Boyle Jurisdiction: Louisville Metro Council District: 2 - Barbara Shanklin Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Young, seconded by Board Member Fishman, that Case Number 17CUP1009, Conditional Use Permit to allow a rehabilitation home in an EZ-1 zoning district, 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 a rehabilitation home without further review and approval by the Board. 3. The maximum number of patient-residents of the rehabilitation home shall be 56. The motion carried by the following vote: Yes: 3- Fishman, Jarboe, and Young No: 1- Turner Absent: 3- Tharp, Howard, and Allendorf Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary - Final July 24, 2017 8. 17CUP1041 Request: Conditional Use Permit to allow short term rental of a dwelling unit not the primary residence of the owner Project Name: Short Term Rental Location: 1235 Rufer Avenue Owner: Richard and Molly Gaines Applicant: Richard and Molly Gaines Representative: Richard and Molly Gaines Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Young, seconded by Board Member Fishman, that Case Number 17CUP1041, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the owner in an R-6 Multi-Family Residential Zone, 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 establish an account 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: 4- Fishman, Turner, Jarboe, and Young Absent: 3- Tharp, Howard, and Allendorf Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary - Final July 24, 2017 9. 16CUP1041 Request: Conditional Use Permit to allow short term rental of a dwelling unit not the primary residence of the owner Project Name: Short Term Rental Location: 1137 Rammers Avenue Owner: Jessica George Applicant: Jessica George Representative: Jessica George Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Fishman, seconded by Board Member Young, that Case Number 16CUP1041, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the owner in an R-6 Multi-Family Residential Zone, 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 establish an account 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: 4- Fishman, Turner, Jarboe, and Young Absent: 3- Tharp, Howard, and Allendorf Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary - Final July 24, 2017 10. 17CUP1034 Request: Conditional Use Permit to allow short term rental of a dwelling unit not the primary residence of the owner Project Name: Short Term Rental Location: 8700 Lynnhall Court Owner: TM Ventures LLC Applicant: TM Ventures LLC Representative: TM Ventures LLC Jurisdiction: Louisville Metro Council District: 16 - Scott Reid Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Fishman, seconded by Board Member Young, that Case Number 17CUP1034, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the owner in an R-4 zoning district, be APPROVED, SUBJECT to the following Conditions of Approval: Conditions 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 establish an account 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. 2. There shall be no more than 8 people per rental. 3. There shall be no on-street parking. The motion carried by the following vote: Yes: 3- Fishman, Jarboe, and Young No: 1- Turner Absent: 3- Tharp, Howard, and Allendorf Louisville Metro Government Page 8 Board of Zoning Adjustment Action Summary - Final July 24, 2017 11. 16CUP1074 Request: Conditional Use Permit to allow a short term rental in the Traditional Neighborhood Zoning District Project Name: Carriage House Short Term Rental Location: 1335 S. Brook St. Owner: Glenda Yascone, Fleur De Lis, LLC Enterprises Applicant: Glenda Yascone, Fleur De Lis, LLC Enterprises Representative: Glenda Yascone, Fleur De Lis, LLC Enterprises Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Brian Mabry, AICP, Planning & Design Supervisor A motion was made by Board Member Fishman, seconded by Board Member Young, that Case Number 16CUP1074, Conditional Use Permit to allow short term rental of a dwelling unit in 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 establish an account 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. 2. The owner shall maintain advertising that provides for the availability upon request of parking one car in the garage of the Carriage House. The motion carried by the following vote: Yes: 4- Fishman, Turner, Jarboe, and Young Absent: 3- Tharp, Howard, and Allendorf Louisville Metro Government Page 9 Board of Zoning Adjustment Action Summary - Final July 24, 2017 12. 16CUP1075 Request: Conditional Use Permit to allow a short term rental in the Traditional Neighborhood Zoning District Project Name: 2nd Street Short Term Rental Location: 1153 S. 2nd St. Owner: Richard Wagner Applicant: Glenda Yascone, Fleur De Lis, LLC Enterprises Representative: Glenda Yascone, Fleur De Lis, LLC Enterprises Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Brian Mabry, AICP, Planning & Design Supervisor A motion was made by Board Member Fishman, seconded by Board Member Young, that Case Number 16CUP1075, Conditional Use Permit to allow short term rental of a dwelling unit in 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 establish an account 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: 4- Fishman, Turner, Jarboe, and Young Absent: 3- Tharp, Howard, and Allendorf Other Business 13. Votecast Training 06.01.2017 Votecast system training with Brian Davis The Votecast system training was rescheduled to the August 7, 2017 Board of Zoning Adjustment meeting. No vote or action was taken on this agenda item. Approval Of Minutes 14. BOZA_Minutes_07.10.17 Approval of the Minutes from the July 10, 2017 Board of Zoning Adjustment meeting. A motion was made by Board Member Fishman, seconded by Board Member Young, that the Minutes from the July 10, 2017 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 3- Fishman, Jarboe, and Young Absent: 3- Tharp, Howard, and Allendorf Louisville Metro Government Page 10 Board of Zoning Adjustment Action Summary - Final July 24, 2017 Abstain: 1- Turner Adjournment Louisville Metro Government Page 11