Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, November 6, 2017 8:30 AM Old Jail Courtroom Call To Order Present: 7- Board Member Dwight Young, 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 Approval Of Minutes 1. BOZA_Minutes_10.30.17 Approval of the Minutes from the October 30, 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 30, 2017 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 6- Jarboe, Turner, Fishman, Buttorff, Howard, and Allendorf Abstain: 1- Young Business Session 2. 17VARIANCE1074 Request: Variance to allow a structure to encroach into the required side yard setback Project Name: 520 N 27th Street Renovation Location: 520 N 27th Street Owner: Vaughn Yeiser Real Estate Inv Applicant: Wesley Vaughn Representative: Wesley Vaughn Jurisdiction: Louisville Metro Council District: 5 - Cheri Bryant Hamilton Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Fishman, seconded by Board Member Howard, that Case Number 17VARIANCE1074, Variance from Land Development Code Section 5.1.10.F to allow a structure to encroach into the required side yard setbck, be APPROVED. The motion carried by the following vote: Yes: 7- Young, Jarboe, Turner, Fishman, Buttorff, Howard, and Allendorf Public Hearing Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary November 6, 2017 3. 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 A motion was made by Board Member Howard, seconded by Board Member Turner, 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 APPROVED. The motion carried by the following vote: Yes: 7- Young, Jarboe, Turner, Fishman, Buttorff, Howard, and Allendorf Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary November 6, 2017 4. 17CUP1068 Request: Conditional Use Permit to allow a short term rental of a dwelling unit in the TNZD Project Name: Short-Term Rental Location: 1381 S. Brook Street Owner: Major Robertson Applicant: Major Robertson Representative: Major Robertson 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 Young, that Case Number 17CUP1068, Conditional Use Permit to allow short term rental of a dwelling unit in the Old Louisville 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. 3. The owner of the property shall adhere to Code Ordinances regarding the storage of garbage cans and recycling bins on the property and not on the sidewalk. The motion carried by the following vote: Yes: 7- Young, Jarboe, Turner, Fishman, Buttorff, Howard, and Allendorf Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary November 6, 2017 5. 17CUP1063 Request: Conditional Use Permit to allow a short term rental of a dwelling unit not the primary residence of the owner Project Name: Short-Term Rental Location: 4310 Hannah Avenue Owner: Alex Wilson Applicant: Chris Payne Representative: Chris Payne Jurisdiction: Louisville Metro Council District: 21 - Dan Johnson Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Jarboe, seconded by Board Member Howard, that Case Number 17CUP1063, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the host, be DENIED, based upon the applicant's activities in promoting and advertising the property on Airbnb and flagrant violation of Ordinances, and further based upon the testimony presented by the opposition in great detail that suggests that the applicant is not inclined by a pattern of behavior to conform to the regulations of the Code. The motion carried by the following vote: Yes: 7- Young, Jarboe, Turner, Fishman, Buttorff, Howard, and Allendorf CHAIRMAN OR COMMISSION DIRECTOR’S REPORT 6. 17MISC1072 Proposed 2018 BOZA Calendar The Board, by general consensus, DEFERRED action on the approval of the 2018 Board of Zoning Adjustment Meeting Calendar until the November 20, 2017 Board of Zoning Adjustment meeting. 7. 17MISC1073 Proposed Amendment to BOZA Bylaws Related to Regular Meeting Time A motion was made by Board Member Howard, seconded by Board Member Young, that Case Number 17MISC1073, Proposed Changes to BOZA By-laws (changing the start time of BOZA meetings from 8:30 a.m. to 1:00 p.m.) be APPROVED. The motion carried by the following vote: Yes: 6- Young, Jarboe, Turner, Buttorff, Howard, and Allendorf No: 1- Fishman NOTE: Following the November 6, 2017 Board of Zoning Adjustment meeting, it was concluded that this item should be re-docketed and reconsidered at a future meeting where it can be ensured that the 7-day noticing requirement for such an amendment has been met. Adjournment Louisville Metro Government Page 4