Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, December 4, 2017 8:30 AM Old Jail Courtroom Call To Order Present: 6- Board Member Dwight Young, 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 Betty Jarboe Approval Of Minutes 1. BOZA_Minutes_11.20.17 Approval of the Minutes from the November 20, 2017 Board of Zoning Adjustment meeting. A motion was made by Board Member Fishman, seconded by Board Member Howard, that the Minutes from the November 20, 2017 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 5- Young, Turner, Fishman, Buttorff, and Allendorf Absent: 1- Jarboe Abstain: 1- Howard Public Hearing 2. 17VARIANCE1080 Request: Variance to allow a structure to encroach into the required side yard setback Project Name: Future Car Sales Shed Location: 8038 Dixie Highway Owner: Eugene Atkins Applicant: Faysal Hassan Representative: Faysal Hassan Jurisdiction: Louisville Metro Council District: 14 - Cindi Fowler Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Howard, seconded by Board Member Fishman, that Case Number 17VARIANCE1080, Variance from Land Development Code Section 5.3.2.C.2.b to allow a structure to encroach into the required side yard setback where a non-residential use abuts a structure with first floor residential use, be APPROVED. The motion carried by the following vote: Yes: 6- Young, Turner, Fishman, Buttorff, Howard, and Allendorf Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary December 4, 2017 Absent: 1- Jarboe 3. 17VARIANCE1082 Request: Variance to allow a structure to exceed the allowed infill street side yard setback Project Name: 2502 Hawthorne Avenue Garage Location: 2502 Hawthorne Avenue Owner: Daniel & Denise Davis Applicant: Daniel Davis Representative: Daniel Davis Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Fishman, seconded by Board Member Buttorff, that Case Number 17VARIANCE1082, Variance from Land Development Code Section 5.1.12.B.2.e.i.1 to allow a structure to exceed the allowed infill street side yard setback, be APPROVED. The motion carried by the following vote: Yes: 6- Young, Turner, Fishman, Buttorff, Howard, and Allendorf Absent: 1- Jarboe 4. 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 Fishman, 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 APPROVED, SUBJECT to the following Condition of Approval: Condition of Approval: 1. The written agreement between the subject property owner at 922 Swan Street and the property owner at 924 Swan Street shall be submitted for the case file as part of the permanent record, with the understanding there shall be no enforcement actions on behalf of staff in regard to said agreement. The motion carried by the following vote: Yes: 5- Turner, Fishman, Buttorff, Howard, and Allendorf Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary December 4, 2017 Absent: 1- Jarboe Abstain: 1- Young 5. 17VARIANCE1087 Request: Variance to allow a structure to encroach into the required front yard setback Project Name: 7101 Fontendleau Way Carport Location: 7101 Fontendleau Way Owner: Ronald & Joan Bennett Applicant: Ronald Bennett Representative: Ronald Bennett Jurisdiction: Louisville Metro Council District: 22 - Robin Engel Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Fishman, seconded by Board Member Young, that Case Number 17VARIANCE1087, 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: 5- Young, Fishman, Buttorff, Howard, and Allendorf No: 1- Turner Absent: 1- Jarboe 6. 17VARIANCE1090 Request: Variance for Building Setback Project Name: Eastpoint Office Park Location: 13105 Eastpoint Park Blvd Owner: Terry Chenoweth Applicant: Terry Chenoweth Representative: Ed Bornstein Jurisdiction: Louisville Metro Council District: 19 - Julie Denton Case Manager: Laura Mattingly, AICP, Planner II A motion was made by Board Member Howard, seconded by Board Member Turner, that Case Number 17VARIANCE1090, Variance from Land Development Code Section 5.3.2.C.2.b to allow a building to be setback 15 feet from a private access easement, be APPROVED. The motion carried by the following vote: Yes: 5- Young, Turner, Fishman, Howard, and Allendorf Absent: 1- Jarboe Abstain: 1- Buttorff Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary December 4, 2017 7. 17DEVPLAN1192 Request: Variance from LDC Section 5.4.3.D.3.a to allow a proposed 12,794 sf. (Cat 2B) to encroach 25 feet into the 25 foot front setback along South Brook Street Project Name: 4001 South Brook Street CAT2B Location: 4001 South Brook Street Owner: Anna Tatum - Wilder Park Properties LLC. Applicant: Anna Tatum - Wilder Park Properties LLC. Representative: Karl Lentz - Evans/Griffin Inc. Jurisdiction: Louisville Metro Council District: 15 - Marianne Butler Case Manager: Ross Allen, Planner I A motion was made by Board Member Fishman, seconded by Board Member Howard, that Case Number 17DEVPLAN1192, Variance from Land Development Code 5.3.4.D.3.a, be APPROVED. The motion carried by the following vote: Yes: 6- Young, Turner, Fishman, Buttorff, Howard, and Allendorf Absent: 1- Jarboe Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary December 4, 2017 8. 17CUP1076 Request: Conditional Use Permit to allow a short term rental of dwelling units in the TNZD Project Name: Short-Term Rental Location: 1220 S. 6th Street Owner: Luanne Maguire Applicant: Luanne Maguire Representative: Luanne Maguire 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 Turner, that Case Number 17CUP1076, Conditional Use Permit to allow short term rental of dwelling units 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 maximum number of guests is restricted to four in the one-bedroom unit and eight in the three-bedroom unit. The motion carried by the following vote: Yes: 6- Young, Turner, Fishman, Buttorff, Howard, and Allendorf Absent: 1- Jarboe Chairman Or Commission Director's Report 9. 17MISC1073 Proposed Amendment to BOZA Bylaws Related to Regular Meeting Time A motion was made by Board Member Howard, seconded by Board Member Buttorff, that Case Number 17MISC1073, Proposed Amendment to BOZA Bylaws related to regular meeting time (changing the regular meeting time from 8:30 a.m. to 1:00 p.m., beginning with the first meeting in January, 2018), be APPROVED. The motion carried by the following vote: Yes: 5- Young, Turner, Buttorff, Howard, and Allendorf No: 1- Fishman Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary December 4, 2017 Absent: 1- Jarboe Adjournment Louisville Metro Government Page 6