Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, February 19, 2018 1:00 PM Old Jail Courtroom Call To Order Present: Board Members Turner, Young, Buttorff, and Chair Allendorf Absent: Board Member Howard, and Vice Chair Fishman Approval Of Minutes 1. BOZA_Minutes_02.05.18 Approval of the Minutes from the February 5, 2018 Board of Zoning Adjustment meeting. A motion was made by Board Member Turner, seconded by Board Member Buttorff, that the Minutes from the February 5, 2018 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: Board Members Turner, Young, Buttorff and Chair Allendorf Absent: Board Member Howard and Vice Chair Fishman Public Hearing 2. 18VARIANCE1000 Request: Variance to allow a sign to exceed the allowable height with associated waivers Project Name: Ormsby Heights Baptist Church Sign Location: 2120 Lower Hunters Trace Owner: Ormsby Baptist Church Applicant: Golden Rule Signs Representative: Nick Delsignore Jurisdiction: Louisville Metro Council District: 12 - Rick Blackwell Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Young, seconded by Board Member Buttorff, that Case Number 18VARIANCE1000, Variance from Land Development Code Table 8.3.2 to allow a sign to exceed the allowable height in the Neighborhood form district, be APPROVED. The motion carried by the following vote: Yes: Board Members Turner, Young, Buttorff, and Chair Allendorf Absent: Board Member Howard, and Vice Chair Fishman Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary February 19, 2018 A motion was made by Board Member Young, seconded by Board Member Buttorff, that Case Number 18VARIANCE1000, Waiver from Land Development Code Section 8.2.1.D.4.a to allow the changing image panel of a sign to exceed 30% of the total area of the sign (replacing the Standard of Review and Staff Analysis 3(b) and 3(c) with the applicant's waiver justification statement numbers 2 and 3), and Waiver from Land Development Code Section 8.2.1.D.6 to allow a changing image sign to be closer than 300 feet to residential properties, be APPROVED, SUBJECT to the following Condition of Approval: Condition of Approval: 1. The changing-image portion of the sign shall be turned off between the hours of 10:00 p.m. and 7:00 a.m. every night. The motion carried by the following vote: Yes: Board Members Turner, Young, Buttorff, and Chair Allendorf Absent: Board Member Howard, and Vice Chair Fishman 3. 18VARIANCE1003 Request: Variance to allow a private yard area to be eliminated and variance to allow an accessory structure/use area to exceed 50 ft. in depth Project Name: 664 Atwood Street Residence Location: 664 Atwood Street Owner: 664 Atwood LLC Applicant: Michael Spoelker Representative: Michael Spoelker Jurisdiction: Louisville Metro Council District: 15 - Marianne Butler Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Young, seconded by Board Member Buttorff, that Case Number 18VARIANCE1003, Variance from Land Development Code Section 5.4.1.D.3 to allow a private yard area to be less than the required 20% of the area of the lot, be APPROVED (replacing the Standard of Review and Staff Analysis 3(b) and 3(c) with the applicant's variance justification statements). The motion carried by the following vote: Yes: Board Members Turner, Young, Buttorff, and Chair Allendorf Absent: Board Member Howard, and Vice Chair Fishman A motion was made by Board Member Young, seconded by Board Member Buttorff, that Case Number 18VARIANCE1003, Variance from Land Development Code Section 5.4.1.E.1 to allow an accessory structure/use area to exceed 50 feet in depth, be APPROVED (replacing the Standard of Review and Staff Analysis 3(b) and 3(c) with the applicant's variance justification statements. The motion carried by the following vote: Yes: Board Members Turner, Young, Buttorff, and Chair Allendorf Absent: Board Member Howard, and Vice Chair Fishman Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary February 19, 2018 4. 18VARIANCE1002 Request: Variance to allow a structure to encroach into the required street side yard setback Project Name: 2335 Lindsey Drive Garage Location: 2335 Lindsey Drive Owner: Ericka Renee Young Applicant: Ericka Young Representative: Ericka Young Jurisdiction: City of Shively Council District: 3 - Mary Woolridge Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Turner, seconded by Board Member Buttorff, that Case Number 18VARIANCE1002, Variance from City of Shively 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: Board Members Turner, Young, Buttorff, and Chair Allendorf Absent: Board Member Howard, and Vice Chair Fishman 5. 18VARIANCE1006 Request: Variances to allow attached signage to exceed 60 sf in area in the Traditional Neighborhood form district Project Name: Rabbit Hole Distillery Signage Location: 711 E Jefferson Street Owner: Rabbit Hole Spirits LLC Applicant: Signarama Downtown Representative: Tanya Scott Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Young, seconded by Board Member Turner, that Case Number 18VARIANCE1006, Variances from Land Development Code Table 8.3.2 to allow attached signage to exceed 60 square feet in area per facade, be APPROVED. The motion carried by the following vote: Yes: Board Members Turner, Young, Buttorff, and Chair Allendorf Absent: Board Member Howard, and Vice Chair Fishman Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary February 19, 2018 6. 17VARIANCE1109 Request: Variance to allow a private yard area to be less than the required 30% of the area of a lot with associated waiver Project Name: 2043 Sherwood Avenue Residence Location: 2043 Sherwood Avenue Owner: Kimberly Ann Rogers Revocable Trust Applicant: Steve Rogers Representative: Steve Rogers Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Young, seconded by Board Member Turner, that Case Number 17VARIANCE1109, Variance from Land Development Code Section 5.4.1.D.2 to allow a private yard area to be less than the required 30% of the area of a lot, be APPROVED. The motion carried by the following vote: Yes: Board Members Turner, Young, Buttorff, and Chair Allendorf Absent: Board Member Howard, and Vice Chair Fishman A motion was made by Board Member Young, seconded by Board Member Turner, that Case Number 17VARIANCE1109, Waiver from Land Development Code Section 5.4.1.E.3 to allow parking access to be achieved from the primary street where alley access is available in the Traditional Neighborhood form district, be APPROVED, (replacing the Standard of Review and Staff Analysis 3(b) and 3(c) with the applicant's waiver justification statements). The motion carried by the following vote: Yes: Board Members Turner, Young, Buttorff, and Chair Allendorf Absent: Board Member Howard, and Vice Chair Fishman Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary February 19, 2018 7. 17DEVPLAN1229 Request: Review of a Front Setback Variance from LDC 5.2.4.C and a waiver from LDC 5.5.1.3.a to allow parking in front of the principal structure as associated with a CAT 2B Development Plan Project Name: Blue Iguana Carwash Location: 6014 and 6018 Bardstown Road Owner: William M. Friel - ABG Properties LLC. Applicant: Mike Matthews - Blue Iguana Carwash Representative: Sarah Beth Sammons - Land Design & Development Inc. Jurisdiction: Louisville Metro Council District: 22- Robin Engel Case Manager: Ross Allen, Planner I A motion was made by Board Member Young, seconded by Board Member Turner, that Case Number 17DEVPLAN1229, Variance from Land Development Code Section 5.2.4.C.3.a to allow the proposed structure to exceed the 15 ft. maximum front setback along the Bardstown Road property line by approximately 96 feet for a total of 111 feet from the property line (shown as the proposed dedication of right of way line on the development plan), and Waiver from Land Development Code Section 5.5.1.A.3.a to allow the parking lot location to be located in the front of the proposed structure as found between the primary structure and Bardstown Road frontage, be APPROVED. The motion carried by the following vote: Yes: Board Members Turner, Young, Buttorff, and Chair Allendorf Absent: Board Member Howard, and Vice Chair Fishman 8. 18VARIANCE1005 Request: Variance to permit a structure to encroach into the required side yard setback along the west property line Project Name: Second Story Addition Location: 1019 Dixon Avenue Owner: Flipping Louisville LLC Applicant: Veteran Home Solutions Representative: Veteran Home Solutions Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Young, seconded by Board Member Buttorff, that Case Number 18VARIANCE1005, Variance from Land Development Code Table 5.2.2 to permit a structure to encroach into the required side yard setback along the west property line, be APPROVED. The motion carried by the following vote: Yes: Board Members Turner, Young, Buttorff, and Chair Allendorf Absent: Board Member Howard, and Vice Chair Fishman Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary February 19, 2018 9. 17VARIANCE1103 Request: Variance to reduce the required private yard area Project Name: Wooden Residence Location: 2054 Eastern Pkwy Owner: Brian & Shana Wooden Applicant: Del Prince Designs LLC Representative: Del Prince Designs LLC Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Turner, seconded by Board Member Buttorff, that Case Number 17VARIANCE1103, Variance from Land Development Code 5.4.D.2, Variance to reduce the required private yard area, be APPROVED. The motion carried by the following vote: Yes: Board Members Turner, Young, Buttorff, and Chair Allendorf Absent: Board Member Howard, and Vice Chair Fishman Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary February 19, 2018 10. 17CUP1106 Request: Conditional Use Permit to allow a short term rental in the Traditional Neighborhood Zoning District Project Name: None Location: 1222 Garvin Place Owner: Louis Orleans, LLC Applicant: Mary E. Fullerton Representative: Mary E. Fullerton Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Young, seconded by Board Member Buttorff, that Case Number 17CUP1106, Conditional Use Permit to allow a short term rental of a dwelling unit that is not the primary residence of the owner in a Traditional Neighborhood zoning district, be APPROVED (noting changes to Items 4(c) and 4(g) of the Staff Report regarding number of guests and parking respectively), 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. Parking shall be limited to 4 guest vehicles on the property. 4. Number of guests shall be limited to a total of 8 for the main dwelling per contract, and a total of 4 for the carriage house per contract. The motion carried by the following vote: Yes: Board Members Turner, Young, and Buttorff Abstain: Chair Allendorf Absent: Board Member Howard, and Vice Chair Fishman Adjournment Louisville Metro Government Page 7