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 19, 2018 1:00 PM Old Jail Courtroom Call To Order Present: 7- Board Member Dwight Young, Board Member Richard Buttorff, Board Member Lester Turner Jr., Board Member Lula Howard, Board Member Kim Leanhart, Board Member Rosalind Fishman, and Chair Person Michael Allendorf Approval Of Minutes 1. BOZA_Minutes_03.05.18 Approval of the Minutes from the March 5, 2018 Board of Zoning Adjustment meeting. A motion was made by Board Member Turner, seconded by Board Member Fishman, that the Minutes from the March 5, 2018 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Howard, Leanhart, and Fishman Abstain: 1- Allendorf Public Hearing 2. 18VARIANCE1013 Request: Variance to allow attached signage to exceed the allowable maximum area with associated waiver Project Name: Old Forester Distillery Location: 117 W Main Street Owner: Brown Forman Corporation Applicant: Nimlok Kentucky Representative: Kyle Hatfield 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 18VARIANCE1013, Variance from Land Development Code Table 8.3.2 to allow attached signage to exceed the allowable square footage, and Waiver from Land Development Code Table 8.3.2 to allow more than 3 attached signs on one facade, be APPROVED. The motion carried by the following vote: Yes: 7- Young, Buttorff, Turner, Howard, Leanhart, Fishman, and Allendorf Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary March 19, 2018 3. 18VARIANCE1007 Request: Variance from 6.3.C.2 (St Matthews) to encroach into street side and rear yards Project Name: Chenoweth Lane Medical Office Location: 224 Chenoweth Lane Owner: Maguire Properties Applicant: Maguire Properties Representative: Cliff Ashburner Jurisdiction: St Matthews Council District: 9 - Bill Hollander Case Manager: Jay Luckett, Planner I A motion was made by Board Member Howard, seconded by Board Member Buttorff, that Case Number 18VARIANCE1007, Variance from Land Development Code (St. Matthews) Section 6.3.C.2 to allow parking areas and a dumpster enclosure to encroach up to 22' into a required 25' street side yard and up to 25' into a required 25' rear yard, be APPROVED. The motion carried by the following vote: Yes: 7- Young, Buttorff, Turner, Howard, Leanhart, Fishman, and Allendorf Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary March 19, 2018 4. 18CUP1002 Request: Conditional Use Permit to allow short term rental of a dwelling unit within the TNZD Project Name: Short Term Rental Location: 1109 S. 7th Street Owner: Doug and Amanda VanEpps Applicant: Doug and Amanda VanEpps Representative: Doug and Amanda VanEpps 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 Leanhart, that Case Number 18CUP1002, Conditional Use Permit to allow short term rental of a dwelling unit within 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: 7- Young, Buttorff, Turner, Howard, Leanhart, Fishman, and Allendorf Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary March 19, 2018 5. 17CUP1107 Request: Conditional Use Permit to allow short term rental of a condominium dwelling unit within the TNZD Project Name: Short Term Rental Location: 1455 S. 4th Street, Unit A Owner: Jerry and Kathy Rush Applicant: Jerry and Kathy Rush Representative: Jerry and Kathy Rush 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 Young, that Case Number 17CUP1107, Conditional Use Permit to allow short term rental of a condominium dwelling unit in the 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. The motion carried by the following vote: Yes: 7- Young, Buttorff, Turner, Howard, Leanhart, Fishman, and Allendorf Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary March 19, 2018 6. 18CUP1011 Request: Modification of a Conditional Use Permit for a Private Proprietary Club in an R-4 zoning district Project Name: Hazelnut Farm Location: 814 Eastwood Fisherville Rd Owner: Ranjit Brar Applicant: Ranjit Brar Representative: Bardenwerper Talbott & Roberts PLLC Jurisdiction: Louisville Metro Council District: 19 - Julie Denton Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Howard, seconded by Board Member Buttorff, that Case Number 18CUP1011, Modification of Conditional Use Permit for Private Proprietary Club in an R-4 zoning district (LDC 4.2.44), 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 by and approval of the Board. 2. The Modified 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 a Private Proprietary Club without further review by and approval of the Board. 3. Louisville Metro Department of Public Health & Wellness requires completion of an on-site evaluation to determine if a suitable on-site sewer system can be installed. The applicant is required to submit detailed floor plans including bathrooms, kitchens, maximum capacity and seating, both indoor and outdoor, as part of this evaluation process. The applicants understand that they proceed further with the modifications proposed herein at their own risk. Furthermore, should these CUP modifications be approved by BOZA at this hearing, until and unless the applicant can fulfill any and all Louisville Metro Department of Public Health & Wellness requirements regarding an on-site sewer system, the project as modified may not proceed. 4. The applicant will be required to submit a revised plan document clarifying details regarding proposed additions to the event building to bring them into agreement with the detail drawing as presented by the applicant at the March 19, 2018 BOZA hearing. 5. Events on the weekdays shall end by 12:00 a.m. 6. No alcohol past 11:30 p.m. 7. Events on the weekends shall end at 12:00 a.m., with the exception of up to four (4) special events, such as Derby, PGA championship, New Year's Eve, etc. 8. No outside music past 10:00 p.m. Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary March 19, 2018 9. On both weekends and weekdays, no event shall start before 9:00 a.m. 10. Applicant shall fully comply with the Louisville Metro Noise Ordinance. The motion carried by the following vote: Yes: 4- Buttorff, Turner, Howard, and Fishman No: 3- Young, Leanhart, and Allendorf 7. 17CUP1083 Request: Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the host Project Name: Short Term Rental Location: 2312 Glenmary Avenue Owner: Salman Zaidi Applicant: Chris Payne Representative: Chris Payne Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Fishman, seconded by Board Member Howard, that Case Number 17CUP1083, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the host (LDC 4.2.63), be DENIED. The motion carried by the following vote: Yes: 7- Young, Buttorff, Turner, Howard, Leanhart, Fishman, and Allendorf Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary March 19, 2018 8. 17CUP1115 Request: Conditional Use Permit to allow a medical clinic in a C-1 Zoning District Project Name: Baymark Health Services of Louisville Location: 4922 Poplar Level Road Owner: Poplar Plaza, LLC Applicant: Baymark Health Services of Kentucky, Inc. Representative: Nick Pregliasco Jurisdiction: Louisville Metro Council District: 2 - Barbara Shanklin Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Young, seconded by Board Member Fishman, that Case Number 17CUP1115, Conditional Use Permit to allow a medical clinic in a C-1 zonning district, be APPROVED, SUBJECT to the following Condtions 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 medical clinic without further review and approval by the Board. The motion carried by the following vote: Yes: 5- Young, Buttorff, Howard, Leanhart, and Fishman No: 1- Turner Abstain: 1- Allendorf Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary March 19, 2018 9. 17CUP1087 Request: Conditional Use Permit to allow a short term rental of a dwelling unit that is not the primary residence of the host Project Name: None Location: 2211 Longest Avenue Owner: Jocelyn Gonzalez Applicant: Christopher Payne Representative: Christopher Payne Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Young, seconded by Board Member Howard, that Case Number 17CUP1087, Conditional Use Permit to allow short term rental of a dwelling uit that is not the primary residence of the owner in an R-5B zoning district, be DENIED. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Howard, Leanhart, and Allendorf Abstain: 1- Fishman 10. 18APPEAL1000 Request: Review of Staff Determination Project Name: 1120 W Ashland Ave Nonconforming Use Request Location: 1120 W Ashland Ave Owner: Aja Sherman Applicant: Aja Sherman Representative: n/a Jurisdiction: Louisville Metro Council District: 21 - Vitalis Lanshima Case Manager: Joseph Haberman, Planning & Design Manager A motion was made by Board Member Fishman, seconded by Board Member Young, to REVERSE STAFF DETERMINATION in Case Number 18APPEAL1000, and the Board further finds that the property was a duplex in 1971 and is still a duplex. The motion carried by the following vote: Yes: 5- Young, Buttorff, Leanhart, Fishman, and Allendorf No: 1- Howard Absent: 1- Turner Adjournment Louisville Metro Government Page 8