Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary Board of Zoning Adjustment Tuesday, January 9, 2018 1:00 PM Old Jail Courtroom Call To Order Present: 6- Board Member Dwight Young, Board Member Richard Buttorff, Board Member Lester Turner Jr., Board Member Betty Jarboe, Board Member Rosalind Fishman, and Chair Person Michael Allendorf Absent: 1- Board Member Lula Howard Approval Of Minutes 1. BOZA_Minutes_12.18.17 Approval of the Minutes from the December 18, 2017 Board of Zoning Adjustment meeting. A motion was made by Board Member Fishman, seconded by Board Member Buttorff, that the Minutes from the December 18, 2017 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Jarboe, Fishman, and Allendorf Absent: 1- Howard Public Hearing 2. 17VARIANCE1071 Request: Variance to allow a private yard area to be less than 20% of the area of a lot and variance to allow a structure to encroach into the required front yard setback Project Name: 800 Ash Street Residence Location: 800 Ash Street Owner: Michael & Elizabeth Revels Applicant: Deon Wells Representative: Deon Wells 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 Young, that Case Number 17VARIANCE1071, Variance from Land Development Code Section 5.4.1.D.3 to allow the private yard area of a lot to be less than the required 20% of the area of the lot, and Variance from Land Development Code Table 5.2.2 to allow a structure to encroach into the required front yard setback, be APPROVED. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Jarboe, Fishman, and Allendorf Absent: 1- Howard Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary January 9, 2018 3. 17VARIANCE1102 Request: Variance to allow a structure to encroach into the required front yard setback Project Name: 1341 S Shelby Street Residence Location: 1341 S Shelby Street Owner: Equity Trust Company Custodian FBO Applicant: Clarisa de Luna-Villaflor Representative: Clarisa de Luna-Villaflor 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 Young, that Case Number 17VARIANCE1102, Variance from Land Development Code Table 5.2.2 to allow a structure to encroach into the required front yard setback, be APPROVED. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Jarboe, Fishman, and Allendorf Absent: 1- Howard 4. 17VARIANCE1088 Request: Variance to allow an accessory structure to encroach into the required minimum rear yard setback Project Name: 2214 Boulevard Napoleon Garage Location: 2214 Boulevard Napoleon Owner: Anne & Dan MacLean 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 Fishman, seconded by Board Member Turner, that Case Number 17VARIANCE1088, Variance from Land Development Code Section 5.4.2.C.3.a to allow an accessory structure to encroach into the required minimum rear yard setback, be APPROVED. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Jarboe, Fishman, and Allendorf Absent: 1- Howard Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary January 9, 2018 5. 17VARIANCE1096 Request: Variance to allow a fence in the front yard setback to exceed 48 inches in height on double-frontage lots Project Name: Hartwick Village Place Fence Location: 4201, 4203, 4205, 4207, 4209 & 4211 Hartwick Village Place Owner: Various Applicant: Carolyn Canfield-Smither Representative: Carolyn Canfield-Smither Jurisdiction: Louisville Metro Council District: 17 - Glen Stuckel Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Jarboe, seconded by Board Member Turner, that Case Number 17VARIANCE1096, Variance from Land Development Code Section 4.4.3.A.1.a.i to allow a fence in the required front yard setback to exceed 48 inches in height on double-frontage lots, be APPROVED. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Jarboe, Fishman, and Allendorf Absent: 1- Howard 6. 17VARIANCE1099 Request: Variance to allow a structure to encroach into the required side yard setback Project Name: 940 Ellison Avenue Addition Location: 940 Ellison Avenue Owner: Welch & Morley LLC Applicant: James K Morley Representative: James K Morley Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Turner, seconded by Board Member Fishman, that Case Number 17VARIANCE1099, Variance from Land Development Code Table 5.2.2 to allow a structure to encroach into the required side yard setback, be APPROVED. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Jarboe, Fishman, and Allendorf Absent: 1- Howard Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary January 9, 2018 7. 17VARIANCE1095 Request: Variance to allow a structure to encroach into the required street side yard setback Project Name: 401 Jarvis Lane Garage and Terrace Location: 401 Jarvis Lane Owner: Nancy Murray Applicant: Patrick Wissing Representative: Patrick Wissing 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 Buttorff, that Case Number 17VARIANCE1095, 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- Young, Buttorff, Turner, Jarboe, Fishman, and Allendorf Absent: 1- Howard 8. 17VARIANCE1097 Request: Modification of a variance to allow a door to be constructed in an existing garage facing Moyle Hill Road Project Name: 2195 Millvale Road Garage Door Location: 2195 Millvale Road Owner: Michael McMahon Applicant: Michael McMahon Representative: Michael McMahon 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 17VARIANCE1097, Modification of Variance Condition #1, Condition #1 shall be REMOVED subject to the applicant submitting the configuration of the berm to Construction Review Staff (Codes & Regulations) for approval. If staff is unable to approve the plans for the berm, this case shall be brought back before the Board of Zoning Adjustment for reconsideration. The motion carried by the following vote: Yes: 5- Young, Buttorff, Turner, Jarboe, and Fishman Absent: 1- Howard Abstain: 1- Allendorf Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary January 9, 2018 A motion was made by Board Member Jarboe, seconded by Board Member Fishman, that Case Number 17VARIANCE1097, Modification of Variance Condition #3, be DENIED. The motion carried by the following vote: Yes: 5- Young, Buttorff, Turner, Jarboe, and Fishman Absent: 1- Howard Abstain: 1- Allendorf 9. 17CUP1005 Request: Conditional Use Permit, variances, and landscape waivers to allow outdoor alcohol sales and consumption in a C-1 zoning district Project Name: Colonial Gardens Location: 818 West Kenwood Drive Owner: Underhill Associates Applicant: Underhill Associates Representative: Jeff Rawlings Jurisdiction: Louisville Metro Council District: 21 - Vitalis Lanshima Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Jarboe, seconded by Board Member Fishman, that Case Number 17CUP1005, 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. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Jarboe, Fishman, and Allendorf Absent: 1- Howard A motion was made by Board Member Jarboe, seconded by Board Member Fishman, that Case Number 17CUP1005, Variances to allow proposed structure to encroach into the required West Kenwood Drive Front yard and New Cut Road street side yard, Landscape Waivers to reduce the required landscape buffer area and Interior Landscape Area, and Landscape Waivers to allow a dumpster in the required vehicular use area along West Kenwood Drive and reduce vehicle use area along portion of West Kenwood Drive and New Cut Road, be APPROVED. The motion carried by the following vote: Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary January 9, 2018 Yes: 6- Young, Buttorff, Turner, Jarboe, Fishman, and Allendorf Absent: 1- Howard 10. 17CUP1061 Request: Conditional Use Permit and landscape waivers to allow off-street parking in an R-4 zoning district Project Name: Christi’s Location: 12500 Dixie Highway Owner: 1812 Neville, LLC Applicant: 1812 Neville, LLC Representative: Derek Triplett Jurisdiction: Louisville Metro Council District: 14 - Cindi Fowler Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Fishman, seconded by Board Member Jarboe, that Case Number 17CUP1061, Conditional Use Permit to allow off-street parking in an R-4 zoning district, be APPROVED, noting Relief from Item 4-C as follows; The required setback along the east and west property line is 25 feet. The parking will be located 5 feet from the east and west property lines; and 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 off-street parking without further review and approval by the Board. 3. The applicant will provide plant materials for the landscaping, including the property to the north if the property owners to the north agree, as shown at the January 9, 2018 Board of Zoning Adjustment hearing. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Jarboe, Fishman, and Allendorf Absent: 1- Howard A motion was made by Board Member Fishman, seconded by Board Member Jarboe, that Case Number 17CUP1061, Landscape Waivers to reduce the required landscape buffer area, be APPROVED. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Jarboe, Fishman, and Allendorf Absent: 1- Howard Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary January 9, 2018 11. 17CUP1093 Request: Conditional Use Permit to allow a short term rental of a multi-family condominium that is the primary residence of the host in an R-7 zone Project Name: Short-Term Rental Location: 1038 Brent Street Owner: Glenn Vicary Applicant: Glenn Vicary Representative: Glenn Vicary Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Jarboe, seconded by Board Member Fishman, that Case Number 17CUP1093, Conditional Use Permit to allow short term rental of a condominium unit that is not the primary residence of the host in an R-7 zoning district (LDC 4.2.63), 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- Young, Buttorff, Turner, Jarboe, Fishman, and Allendorf Absent: 1- Howard 12. 17CUP1085 Request: Conditional Use Permit to allow off-street parking area within an R-4 zoning district and associated waivers, variance and reliefs Project Name: 4141 Bardstown Road Location: 4141 Bardstown Road Owner: 4141 Bardstown Road LLC Applicant: 4141 Bardstown Road LLC Representative: Bluestone Engineers PLLC Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Beth Jones, AICP, Planner II NOTE: This case was rescheduled to the January 22, 2018 Board of Zoning Adjustment hearing. Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary January 9, 2018 Adjournment Louisville Metro Government Page 8