Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, March 5, 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 Lula Howard, Board Member Kim Leanhart, and Board Member Rosalind Fishman Absent: 1- Chair Person Michael Allendorf 1. Board Member Swearing In Swearing in of Kimberly Leanhart to the Louisville Metro Board of Zoning Adjustment Kimberly Leanhart took the Oath of Office, and was sworn in by Regina Thomas, Administrative Coordinator, as a new Board Member for the Louisville Metro Board of Zoning Adjustment. Approval Of Minutes 2. BOZA_Minutes_02.19.18 Approval of the Minutes from the February 19, 2018 Board of Zoning Adjustment meeting. A motion was made by Board Member Young, seconded by Board Member Buttorff, that the Minutes from the February 19, 2018 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 4- Young, Buttorff, Turner, and Leanhart Absent: 1- Allendorf Abstain: 2- Howard, and Fishman Business Session Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary March 5, 2018 3. 18VARIANCE1010 Request: Variance to allow a structure to encroach into the required side yard setback Project Name: 119 N. Jane Street Deck Location: 119 N. Jane Street Owner: Russell Crenshaw Applicant: Russell Crenshaw Representative: Russell Crenshaw Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Howard, seconded by Board Member Young, that Case Number 18VARIANCE1010, 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, Howard, Leanhart, and Fishman Absent: 1- Allendorf Public Hearing Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary March 5, 2018 4. 18CUP1015 Request: Conditional Use Permit to allow short term rental of a dwelling unit within the TNZD Project Name: Short Term Rental Location: 531 W. St. Catherine Owner: Cynthia Brown Applicant: Cynthia Brown Representative: Cynthia Brown Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Howard, seconded by Board Member Buttorff, that Case Number 18CUP1015, Conditional Use Permit to allow short term rental of a dwelling unit in the TNZD (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, Howard, Leanhart, and Fishman Absent: 1- Allendorf 5. 18VARIANCE1011 Request: Variance to reduce the required private yard area Project Name: Private Yard Variance Location: 1532 Castlewood Avenue Owner: Harriet Lair Applicant: DelPrince Designs LLC Representative: DelPrince Designs LLC Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Young, seconded by Board Member Buttorff, that Case Number 18VARIANCE1011, Variance from Land Development Code 5.4.D.2 to reduce the required private yard area, be APPROVED. The motion carried by the following vote: Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary March 5, 2018 Yes: 6- Young, Buttorff, Turner, Howard, Leanhart, and Fishman Absent: 1- Allendorf 6. 18VARIANCE1008 Request: Variance to allow a structure to encroach into the required side yard setback Project Name: 1119 Reutlinger Avenue Addition Location: 1119 Reutlinger Avenue Owner: Tran & P Properties LLC Applicant: Anthony Tran Representative: Anthony Tran Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Howard, seconded by Board Member Young, that Case Number 18VARIANCE1008, Variance from Land Development Code Table 5.2.2 to allow a second story addition to encroach into the required side yard setback, be APPROVED. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Howard, Leanhart, and Fishman Absent: 1- Allendorf 7. 18VARIANCE1009 Request: Variance to allow a sign to exceed the allowable height and area Project Name: Kentucky Blood Center Sign Location: 5406 Antle Drive Owner: KYBC Holdings LLC Applicant: Commonwealth Sign Company Representative: Mark Kidwell Jurisdiction: Louisville Metro Council District: 13 - Vicki Aubrey Welch Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Young, seconded by Board Member Buttorff, that Case Number 18VARIANCE1009, Variances from Land Development Code Table 8.3.2 to allow a sign to exceed the allowable height and area in the Suburban Marketplace Corridor form district, be DENIED. The motion carried by the following vote: Yes: 5- Young, Buttorff, Howard, Leanhart, and Fishman No: 1- Turner Absent: 1- Allendorf Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary March 5, 2018 8. 17CUP1091 Request: Conditional use permit to allow short term rental of a property which is not the primary residence of the host Project Name: Short Term Rental Location: 552 Eastern Parkway Owner: Robert & Patricia King Applicant: Robert King Representative: Robert King Jurisdiction: Louisville Metro Council District: 15 - Marianne Butler Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Howard, seconded by Board Member Young, that Case Number 17CUP1091, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the host, 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, Howard, Leanhart, and Fishman Absent: 1- Allendorf Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary March 5, 2018 9. 17CUP1108 Request: Conditional Use Permit to allow a short term rental in an R-5 Zoning District Project Name: None Location: 1934 Duker Avenue Owner: Kissing Chickens, LLC Applicant: Kissing Chickens, LLC Representative: Ryan and Rebecca Lear Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Howard, seconded by Board Member Turner, that Case Number 17CUP1108, Conditional Use Permit to allow short term rental of a dwelling unit that is 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 owner shall provide a hard, durable surface for off-street parking. 4. The owner shall provide to the neighbors contact information for the management company. The motion carried by the following vote: Yes: 5- Young, Turner, Howard, Leanhart, and Fishman Absent: 1- Allendorf Abstain: 1- Buttorff Adjournment Louisville Metro Government Page 6