Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, October 2, 2017 8:30 AM Old Jail Courtroom Call To Order Present: 5- Board Member Rosalind Fishman, Board Member Lester Turner Jr., Board Member Betty Jarboe, Board Member Dwight Young, and Chair Person Michael Allendorf Absent: 1- Board Member Lula Howard Approval Of Minutes 1. BOZA_Minutes_09.11.17 Approval of the Minutes from the September 11, 2017 Board of Zoning Adjustment meeting. A motion was made by Board Member Fishman, seconded by Board Member Turner, that the Minutes from the September 11, 2017 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 5- Fishman, Turner, Jarboe, Young, and Allendorf Absent: 1- Howard Business Session 2. 17VARIANCE1058 Request: Variance to allow a structure to encroach into the required side yard setback Project Name: 521 E. St. Catherine Street Renovation Location: 521 E. St. Catherine Street Owner: Douglas Sharp Applicant: Douglas Sharp Representative: Douglas Sharp 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 17VARIANCE1058, Variance from Land Development Code Section 5.1.10.F to allow a structure to encroach into the required side yard setback, be APPROVED. The motion carried by the following vote: Yes: 5- Fishman, Turner, Jarboe, Young, and Allendorf Absent: 1- Howard Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary October 2, 2017 3. 17CUP1065 Request: Modified Conditional Use Permit to allow an awning over a portion of the outdoor alcohol sales and consumption area in a C-1 zoning district Project Name: Tandoori Fusion Location: 4600 Chamberlain Lane Owner: Purna Veer Applicant: Purna Veer Representative: Charles Podgursky Jurisdiction: Louisville Metro Council District: 17 - Glen Stuckel Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Fishman, seconded by Board Member Turner, that Case Number 17CUP1065, Modification of an approved Conditional Use Permit to allow the addition of awning over a portion of the outdoor dining area, 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 outdoor alcohol sales and consumption without further review and approval by the Board. The motion carried by the following vote: Yes: 5- Fishman, Turner, Jarboe, Young, and Allendorf Absent: 1- Howard Public Hearing Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary October 2, 2017 4. 17VARIANCE1046 Request: Variance to allow a structure to encroach into the required street side yard setback Project Name: 11101 Chapel Hill Road Addition Location: 11101 Chapel Hill Road Owner: Bruce & Janet Ramsey Applicant: Steven Neyer Representative: Steven Neyer Jurisdiction: Louisville Metro Council District: 23 - James Peden Case Manager: Dante St. Germain, Planner I NOTE: Board Member Howard arrived at approximately 8:46 a.m. A motion was made by Board Member Jarboe, seconded by Board Member Howard, that Case Number 17VARIANCE1046, Variance from Land Development Code Table 5.3.1 to allow a structure to encroach into the required street side yard setback, be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Young, Howard, and Allendorf 5. 17VARIANCE1049 Request: Variance to allow an accessory structure to encroach into the required street side yard setback Project Name: 11700 Wetherby Avenue Garage Location: 11700 Wetherby Avenue Owner: Jeffrey & Michelle Gamwell Applicant: Charlie Williams Representative: Charlie Williams Jurisdiction: Louisville Metro Council District: 19 - Julie Denton Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Jarboe, seconded by Board Member Howard, that Case Number 17VARIANCE1049, Variance from City of Middletown Land Development Code Table 5.3.1 to allow an accessory structure to encroach into the required street side yard setback, be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Young, Howard, and Allendorf Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary October 2, 2017 6. 17VARIANCE1057 Request: Variance to allow a structure to encroach into the required side yard setback Project Name: 1133 Reutlinger Avenue Residence Location: 1133 Reutlinger Avenue Owner: David Beach Applicant: Clifford Ashburner Representative: Clifford Ashburner Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Howard, seconded by Board Member Jarboe, that Case Number 17VARIANCE1057, Variance from Land Development Code Section 5.1.10.F to allow a structure to encroach into the required side yard setback (RIGHT SIDE ONLY), be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Young, Howard, and Allendorf 7. 17VARIANCE1060 Request: Variance to allow a structure to encroach into the required side yard setback Project Name: 4006 Leland Avenue Garage Location: 4006 Leland Avenue Owner: Deborah Walker Applicant: Deborah Walker Representative: Deborah Walker Jurisdiction: City of St. Matthews Council District: 9 - Bill Hollander Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Jarboe, seconded by Board Member Howard, that Case Number 17VARIANCE1060, 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, Turner, Jarboe, Young, Howard, and Allendorf Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary October 2, 2017 8. 17DEVPLAN1084 Request: Variances and waivers from the Land Development Code to allow additions to an existing structure Project Name: Cat2B 3122 Dixie Location: 3122 Dixie Highway. Owner: Ahmed Albakri Applicant: Bill Schroll - Schroll Land Surveying LLC. Representative: Bill Schroll - Schroll Land Surveying LLC. Jurisdiction: City of Shively Council District: 4 - Barbara Sexton Smith Case Manager: Ross Allen, Planner I A motion was made by Board Member Jarboe, seconded by Board Member Howard, that Case Number 17DEVPLAN1084, Variance #1 from LDC (City of Shively) Section 5.5.1.A.2 to allow the proposed addition to be 6 feet 2 inches beyond the Gillette Avenue Setback, and Variance #2 from LDC (City of Shively) Section 5.5.1.A.2 to allow the existing building and proposals to be 84 feet beyond the Dixie Highway setback, be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Young, Howard, and Allendorf A motion was made by Board Member Jarboe, seconded by Board Member Howard, that Case Number 17DEVPLAN1084, Waiver #1 from LDC (City of Shively) Section 5.5.1.A.3.a to allow the parking to be permitted in the front (east) of the proposed additions to the existing building, Waiver #2 from LDC (City of Shively) Section 5.5.1.A.3.a to provide a 50 foot long, 3 foot tall masonry wall along Gillette Avenue and Dixie Highway, instead of 89 feet along Gillette Avenue and 125 feet along Dixie Highway, and Waiver #3 from LDC (City of Shively) Section 5.8.1.B not to provide a sidewalk along Gillette Avenue for an approximate distance of 184 feet, be RECOMMENDED FOR APPROVAL to the City of Shively. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Young, Howard, and Allendorf Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary October 2, 2017 9. 17CUP1047 Request: Conditional Use Permit to allow a short term rental of a dwelling unit in the TNZD Project Name: Short-Term Rental Location: 323 W. St. Catherine Owner: Rivers Edge Two Story Limited Partnership Applicant: Rivers Edge Two Story Limited Partnership Representative: Rivers Edge Two Story Limited Partnership Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Fishman, seconded by Board Member Jarboe, that Case Number 17CUP1047, Conditional Use Permit to allow short term rental of a dwelling unit in the Traditional Neighborhood Zoning District (TNZD) 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 with the Louisville Metro Revenue Commission. If the short term rental is not registered with Develop Louisville and with the Revenue Commission within 60 days of the approval of the minutes of this case, then the Conditional Use Permit shall be deemed null and void. 2. 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, Turner, Jarboe, Young, Howard, and Allendorf Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary October 2, 2017 10. 17CUP1054 Request: Conditional Use Permit for a cemetery/mausoleum Project Name: Louisville Memorial Gardens Location: 11601 Ballardsville Road Owner: Saber Management Co Applicant: Renaissance Design Build, Inc. Representative: Renaissance Design Build, Inc. Jurisdiction: Louisville Metro Council District: 16 - Scott Reed Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Jarboe, seconded by Board Member Fishman, that Case Number 17CUP1054, Conditional Use Permit for a cemetery and mausoleum (LDC 4.2.13), be APPROVED, SUBJECT to the following Conditions of Approval: Conditions of Approval: 1. All development shall be in accordance with the approved district development plan, including all notes thereon, and with all applicable section of the Land Development Code (LDC). No further development shall occur on the site without prior review of and approval by the Board of Zoning Adjustment (BOZA). 2. The Conditional Use Permit shall be "exercised" as prescribed by KRS 100.237 within two years of BOZA approval. If not so exercised, the site shall not be used for a Cemetery or Mausoleum without further review of and approval by BOZA. 3. Landscaping on subject property shall comply with the following provisions: a. All existing plantings along all property lines shall be maintained; b. Any existing tree along a property line requiring removal due to safety concerns or to disease or death of the tree shall be replaced by a new tree within the immediate vicinity; c. All future buildings, structures or gravesites shall be placed so as to avoid further removal of existing trees along property lines; and d. No future building, structure or gravesite shall be placed within the required 30 foot buffer at property lines and at the right-of-way line for public streets. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Young, Howard, and Allendorf Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary October 2, 2017 11. 17CUP1062 Request: Conditional Use Permit to allow short term rentals of dwelling units not the primary residence of the host in an R-5A zone Project Name: Short-Term Rental Location: 2021 Bonnycastle Avenue Owner: Glitter Bourbon Berries LLC Applicant: Glitter Bourbon Berries LLC Representative: Glitter Bourbon Berries LLC Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Beth Jones, AICP, Planner II NOTE: Board Member Turner left at approximately 11:30 a.m. A motion was made by Board Member Jarboe, seconded by Board Member Howard, that Case Number 17CUP1062, Conditional Use Permit to allow short term rental of two dwelling units that are not the primary residence of the owner in an R-5A Multi-Family Residential Zone, 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 with the Louisville Metro Revenue Commission. If the short term rental is not registered with Develop Louisville and with the Revenue Commission within 60 days of the approval of the minutes of this case, then the Conditional Use Permit shall be deemed null and void. 2. 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: 5- Fishman, Jarboe, Young, Howard, and Allendorf Absent: 1- Turner Louisville Metro Government Page 8 Board of Zoning Adjustment Action Summary October 2, 2017 12. 17CUP1060 Request: Conditional Use Permit to allow a short term rental in the TNZD Project Name: Short-Term Rental Location: 1391 S. 2nd Street Owner: Bobby Simpson Applicant: Bobby Simpson Representative: Bobby Simpson 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 17CUP1060, Conditional Use Permit to allow short term rental of a dwelling unit in the TNZD, 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 with the Louisville Metro Revenue Commission. If the short term rental is not registered with Develop Louisville and with the Revenue Commission within 60 days of the approval of the minutes of this case, then the Conditional Use Permit shall be deemed null and void. 2. 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: 5- Fishman, Jarboe, Young, Howard, and Allendorf Absent: 1- Turner Louisville Metro Government Page 9 Board of Zoning Adjustment Action Summary October 2, 2017 13. 17APPEAL1003 Request: Appeal of a Zoning Notice of Violation issued by Planning and Design Services finding that the short term rental is in violation of Section 4.2.63 of the Land Development Code Project Name: 2211 Longest Ave. Appeal Location: 2211 Longest Ave. Owner: Jocelyn Gonzalez Applicant: Christopher Payne Representative: Christopher Payne Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Brian Mabry, Planning Supervisor A motion was made by Board Member Jarboe, seconded by Board Member Fishman, that Case Number 17APPEAL1003, Appeal of a Zoning Notice of Violation issued by Planning and Design Services finding that the short term rental is in violation of Section 4.2.63 of the Land Development Code, be DENIED. The motion carried by the following vote: Yes: 5- Fishman, Jarboe, Young, Howard, and Allendorf Absent: 1- Turner A motion was made by Board Member Jarboe, seconded by Board Member Fishman, in Case Number 17APPEAL1003, Appeal of a Zoning Notice of Violation issued by Planning and Design Services finding that the short term rental is in violation of Section 4.2.63 of the Land Development Code, the Board finds the Notice of Violation issued on July 26, 2017 was PROPER. The motion carried by the following vote: Yes: 5- Fishman, Jarboe, Young, Howard, and Allendorf Absent: 1- Turner Adjournment Louisville Metro Government Page 10