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 30, 2017 9:00 AM Old Jail Courtroom Call To Order Present: 5- Board Member Lester Turner Jr., Board Member Rosalind Fishman, Board Member Richard Buttorff, Board Member Lula Howard, and Chair Person Michael Allendorf Absent: 2- Board Member Dwight Young, and Board Member Betty Jarboe 1. Board_Member_Appt Appointment of Richard Buttorff to the Louisville Metro Board of Zoning Adjustment Richard Buttorff was sworn in by Legal Counsel, John Carroll, and took the Oath of Office for the Board of Zoning Adjustment. Louisville Mayor, Greg Fischer, addressed the Board of Zoning Adjustment in recognition of APA National Community Planning Month. Mayor Fischer took this opportunity to recognize Board Member Lula Howard, and commended her for her many years of public service. Ms. Howard was presented an award. Ms. Howard thanked Mayor Fischer and spoke briefly regarding her service. Approval Of Minutes 2. BOZA_Minutes_10.16.17 Approval of the Minutes from the October 16, 2017 Board of Zoning Adjustment meeting. A motion was made by Board Member Fishman, seconded by Board Member Howard, that the Minutes from the October 16, 2017 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 4- Fishman, Buttorff, Howard, and Allendorf Absent: 2- Young, and Jarboe Abstain: 1- Turner Business Session Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary October 30, 2017 3. 17VARIANCE1069 Request: Variance to allow a structure to encroach into the side yard setback Project Name: 321 Jarvis Lane Garage Location: 321 Jarvis Lane Owner: RFA Revocable Living Trust Applicant: Ryan W Adams, Co-Trustee Representative: Ryan W Adams Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Dante St. Germain, Planner I Present: 6- Board Member Betty Jarboe, Board Member Lester Turner Jr., Board Member Rosalind Fishman, Board Member Richard Buttorff, Board Member Lula Howard, and Chair Person Michael Allendorf Absent: 1- Board Member Dwight Young NOTE: Board Member Jarboe arrived at approximately 9:13 a.m. A motion was made by Board Member Fishman, seconded by Board Member Howard, that Case Number 17VARIANCE1069, Variance from Land Development Code Table 5.3.1 to allow a structure to encroach into the required side yard setback, be APPROVED. The motion carried by the following vote: Yes: 6- Jarboe, Turner, Fishman, Buttorff, Howard, and Allendorf Absent: 1- Young 4. 17VARIANCE1072 Request: Variance to allow a private yard area to be reduced below the required 20% of the area of a lot Project Name: 615 Park Avenue Addition Location: 615 Park Avenue Owner: Beth Milstead Applicant: Beverly Baker Representative: Beverly Baker Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Fishman, seconded by Board Member Turner, that Case Number 17VARIANCE1072, Variance from Land Development Code Section 5.4.1.D.3 for a reduction in the private yard area, be APPROVED. The motion carried by the following vote: Yes: 6- Jarboe, Turner, Fishman, Buttorff, Howard, and Allendorf Absent: 1- Young Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary October 30, 2017 5. 17VARIANCE1070 Request: Variances to allow a structure to encroach into the required rear yard setback and to eliminate the private yard area Project Name: 2307 Wibben Avenue Garage Location: 2307 Wibben Avenue Owner: Chris Martin Applicant: Anne Del Prince Representative: Anne Del Prince 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 17VARIANCE1070, Variance from Land Development Code Section 5.4.1.E.2 to allow a structure to encroach into the required rear yard setback, and Variance from Land Devlopment Code Section 5.4.1.D.3 to eliminate the private yard area, be APPROVED. The motion carried by the following vote: Yes: 6- Jarboe, Turner, Fishman, Buttorff, Howard, and Allendorf Absent: 1- Young Public Hearing 6. 17VARIANCE1054 Request: Variance to allow a structure to encroach into the required front yard setback Project Name: 809 Cannonside Drive Addition Location: 809 Cannonside Drive Owner: Jason McCreary and Ashley Distler Applicant: Ashley Distler Representative: Ashley Distler Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Fishman, seconded by Board Member Howard, that Case Number 17VARIANCE1054, Variance from Land Development Code Table 5.3.1 to allow a structure to encroach into the required front yard setback, be APPROVED. The motion carried by the following vote: Yes: 6- Jarboe, Turner, Fishman, Buttorff, Howard, and Allendorf Absent: 1- Young Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary October 30, 2017 7. 17VARIANCE1061 Request: Variance to allow the area of a sign in the Traditional Neighborhood form district to exceed 20% of the area of the façade Project Name: PNC Bank ATM Signs Location: 3028 S 4th Street Owner: PNC Bank Applicant: Tracey Diehl - Expedite the Diehl Representative: Tracey Diehl Jurisdiction: Louisville Metro Council District: 15 - Marianne Butler Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Jarboe, seconded by Board Member Howard, that Case Number 17VARIANCE1061, Variances from Land Development Code Table 8.3.2 - Traditional Neighborhood to allow the area of attached signs to exceed 20% of the area of the facades on which they are installed, be APPROVED. The motion carried by the following vote: Yes: 6- Jarboe, Turner, Fishman, Buttorff, Howard, and Allendorf Absent: 1- Young 8. 17VARIANCE1064 Request: Variance to allow a private yard area to be less than 30% of the area of a lot Project Name: 739 S 43rd Street Addition and Garage Location: 739 S 43rd Street Owner: Kimberly Miles Lightsy Applicant: Kimberly Lightsy Representative: Kimberly Lightsy Jurisdiction: Louisville Metro Council District: 1 - Jessica Green Case Manager: Dante St. Germain, Planner I The Board Members, by general consensus, agreed to table this item to the end of the docket to allow staff an opportunity to contact the applicant since the applicant was not present at the hearing. A motion was made by Board Member Jarboe, seconded by Board Member Fishman, that Case Number 17VARIANCE1064, Variance from Land Development Code Section 5.4.1.D.2 to allow a private yard area to be less than 30% of the area of the lot, be CONTINUED to the November 6, 2017 Board of Zoning Adjustment Public Hearing. The motion carried by the following vote: Yes: 6- Jarboe, Turner, Fishman, Buttorff, Howard, and Allendorf Absent: 1- Young Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary October 30, 2017 9. 17VARIANCE1065 Request: Variance to allow a structure to encroach into the required infill street side yard setback Project Name: 2391 Hawthorne Avenue Deck Location: 2391 Hawthorne Avenue Owner: Hanns Georg & Tara Reck Applicant: Hanns Georg Reck Representative: Hanns Georg Reck Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Howard, seconded by Board Member Fishman, that Case Number 17VARIANCE1065, Variance from Land Development Code Section 5.1.12.B.2.e.i.1 to allow a structure to encroach into the required infill street side yard setback, be APPROVED. The motion carried by the following vote: Yes: 6- Jarboe, Turner, Fishman, Buttorff, Howard, and Allendorf Absent: 1- Young 10. 17VARIANCE1073 Request: Variance to allow a structure to encroach into the required infill street side yard setback Project Name: 4620 Glen Rose Road Residence Location: 4620 Glen Rose Road Owner: Jeffrey Smith Applicant: Jeffrey Mack Representative: Jeffrey Mack Jurisdiction: Louisville Metro Council District: 24 - Madonna Flood Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Jarboe, seconded by Board Member Howard, that Case Number 17VARIANCE1073, Variance from Land Development Code Section 5.1.12.B.2.e.i.1 to allow a structure to encroach into the required infill street side yard setback, be APPROVED. The motion carried by the following vote: Yes: 6- Jarboe, Turner, Fishman, Buttorff, Howard, and Allendorf Absent: 1- Young Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary October 30, 2017 11. 17VARIANCE1068 Request: Variance to allow a structure to encroach into the side yard setback Project Name: 922 Swan Street Addition Location: 922 Swan Street Owner: Bryan Gillespie Applicant: Bryan Gillespie Representative: Bryan Gillespie Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Jarboe, seconded by Board Member Howard, that Case Number 17VARIANCE1068, Variance from Land Development Code Section 5.1.10.F to allow a structure to encroach into the required side yard setback, be DENIED, noting Kentucky Revised Statutes Section 100.243(2), also noting exception to the Staff Report Page 2 of 19, Item A, the Board finds that the requested Variance WILL adversely affect the public health, safety or welfare, and Item B, the Board finds that the requested Variance WILL alter the essential character of the general vicinity, and Item C, the Board finds that the requested Variance WILL cause a hazard or nuisance to the public . The motion carried by the following vote: Yes: 5- Jarboe, Turner, Fishman, Howard, and Allendorf Absent: 1- Young Abstain: 1- Buttorff 12. 17VARIANCE1066 Request: Variance to allow a pool to encroach a required front yard setback on a dual frontage lot, waiver of scenic corridor setback standards Project Name: 1820 Meremont Ridge Rd Pool Location: 1820 Meremont Ridge Rd Owner: Terry Johnson Applicant: Terry Johnson Representative: Advanced Engineering and Survey Jurisdiction: Louisville Metro Council District: 19 - Julie Denton Case Manager: Jay Luckett, Planner I A motion was made by Board Member Jarboe, seconded by Board Member Turner, that Case Number 17VARIANCE1066, Variance to allow a proposed swimming pool to encroach 15 feet into the required 45 foot front yard setback per Land Development Code Table 5.3.1 and Section 5.3.1.C.4, be APPROVED. The motion carried by the following vote: Yes: 6- Jarboe, Turner, Fishman, Buttorff, Howard, and Allendorf Absent: 1- Young Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary October 30, 2017 A motion was made by Board Member Jarboe, seconded by Board Member Turner, that Case Number 17VARIANCE1066/17WAIVER1030, Waiver from Land Development Code Table 10.3.2 to allow a proposed swimming pool to encroach into the required 50' Scenic Corridor setback, be APPROVED. The motion carried by the following vote: Yes: 6- Jarboe, Turner, Fishman, Buttorff, Howard, and Allendorf Absent: 1- Young 13. 17CUP1071 Request: Conditional Use Permit to allow short term rental of a dwelling unit not the primary residence of the owner in an R-5 Single-Family Residential zone/Traditional Neighborhood form district Project Name: Short-Term Rental Location: 1017 Samuel Street Owner: Richard and Molly Gaines Applicant: Richard and Molly Gaines Representative: Richard and Molly Gaines 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 Jarboe, that Case Number 17CUP1071, Conditional Use Permit to allow short term rental of a dwelling unit not the primary residence of the owner in an R-5 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 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. 3. The number of guests permitted at the dwelling unit at any time shall be limited to six persons. 4. The number of vehicles permitted for guest use shall not exceed two. The motion carried by the following vote: Yes: 6- Jarboe, Turner, Fishman, Buttorff, Howard, and Allendorf Absent: 1- Young Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary October 30, 2017 14. 17CUP1043 Request: Conditional Use Permit to allow outdoor alcohol sales and consumption in a C-1 zoning district Project Name: Behar Café, Inc. Location: 282 Evangeline Ave. Owner: Southside, LLC Applicant: Ekrema Ramic, Behar Café Representative: Chris Crumpton, PE, BlueStone Engineers, PLLC Jurisdiction: Louisville Metro Council District: 21 - Dan Johnson Case Manager: Brian Mabry, AICP, Planning Supervisor A motion was made by Board Member Jarboe, seconded by Board Member Fishman, that Case Number 17CUP1043, Conditional Use Permit to allow outdoor alcohol sales and consumption in a C-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 outdoor alcohol sales and consumption without further review and approval by the Board. 3. The business must obtain an ABC license described in LDC Section 4.2.41.E within 60 days of the approval of the minutes of this case. If the business does not obtain such license within 60 days of the approval of the minutes of this case, then the Conditional Use Permit shall be deemed null and void. The motion carried by the following vote: Yes: 5- Jarboe, Fishman, Buttorff, Howard, and Allendorf No: 1- Turner Absent: 1- Young Adjournment Prior to adjournment, Emily Liu, Director of Planning & Design Services, reminded the Board Members the next Board of Zoning Adjustment meeting will be next week, November 6, 2017 at 8:30 a.m. Ms. Liu stated next year's calendar will be approved at the November 6, 2017 meeting. Ms. Liu stated also for consideration at the next meeting will be changing the starting time for BOZA meetings from 8:30 a.m. to 1:00 p.m. Louisville Metro Government Page 8