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Board of Zoning Adjustment

Regular Meeting

Louisville, KY · June 4, 2018

AgendaMinutes

Minutes

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, June 4, 2018 1:00 PM Old Jail Courtroom Call To Order Present: 5- Board Member Dwight Young, Board Member Lester Turner Jr., Board Member Kim Leanhart, Board Member Rosalind Fishman, and Chair Person Michael Allendorf Absent: 2- Board Member Richard Buttorff, and Board Member Lula Howard Approval Of Minutes 1. BOZA_Minutes_05.21.18 Approval of the Minutes from the May 21, 2018 Board of Zoning Adjustment meeting. A motion was made by Board Member Fishman, seconded by Board Member Young, that the Minutes from the May 21, 2018 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 5- Young, Turner, Leanhart, Fishman, and Allendorf Absent: 2- Buttorff, and Howard Public Hearing 2. 18VARIANCE1042 Request: Variance to exceed the infill maximum front setback Project Name: Bridwell Car Wash Location: 4856 Cane Run Road Owner: Hoag Holdings 36, LLC. Applicant: The Car Wash Company Jurisdiction: Louisville Metro Council District: 1 - Jessica Green Case Manager: Jay Luckett, Planner I A motion was made by Board Member Howard, seconded by Board Member Young, that Case Number 18VARIANCE1042, Variance from Land Development Code Section 5.1.12.A.2.a to allow a proposed structure to exceed the infill front yard setback standards along Bridwell Drive by approximately 160 ft., 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 June 4, 2018 3. 18VARIANCE1047 Request: Variance to allow a fence to exceed 4 feet in height in the front yard setback Project Name: Elmwood Avenue Fence Location: 4003 Elmwood Avenue Owner: Julie & Robert Dixon Applicant: Robert Dixon Jurisdiction: City of St. Matthews Council District: 9 - Bill Hollander Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Fishman, seconded by Board Member Turner, that Case Number 18VARIANCE1047, Variance from City of St. Matthews Development Code Section 9.1.B.1.a to allow a fence in the required front yard setback to exceed 4 feet in height, be APPROVED. The motion carried by the following vote: Yes: 7- Young, Buttorff, Turner, Howard, Leanhart, Fishman, and Allendorf 4. 18VARIANCE1041 Request: Variance to allow a private yard area to be less than the required 30% of the area of a lot Project Name: Pennsylvania Avenue Garage Location: 142 Pennsylvania Avenue Owner: Kristen Michelle Edwards Applicant: Anne Del Prince Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Young, seconded by Board Member Turner, that Case Number 18VARIANCE1041, 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 the lot, 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 June 4, 2018 5. 18VARIANCE1046 Request: Variance to allow a structure to encroach into the required front yard setback Project Name: Grace Court Residence Location: 907 Grace Court Owner: River Glen Landis II LLC Applicant: Michael Hill - Land Design & Development Jurisdiction: Louisville Metro Council District: 20 - Stuart Benson Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Howard, seconded by Board Member Young, that Case Number 18VARIANCE1046, 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: 7- Young, Buttorff, Turner, Howard, Leanhart, Fishman, and Allendorf Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary June 4, 2018 6. 18CUP1028 Request: Conditional Use Permit to allow short term rental of a dwelling unit zoned R5-A and not the primary residence of the host Project Name: Short Term Rental Location: 2027 Maryland Avenue Owner/Applicant: Osborne Insurance Trust Applicant/Representative: Key Source Properties Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Beth Jones, AICP, Planner II I A motion was made by Board Member Fishman, seconded by Board Member Young, that Case Number 18CUP1028, Conditional Use Permit to allow short term rental of a dwelling unit zoned R5-A and not the primary residence of the host (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. 3. Total number of guests at any one time shall be limited to six, unless the garage is made available for parking, in which case the number of guests shall be limited to eight. The motion carried by the following vote: Yes: 6- Young, Buttorff, Howard, Leanhart, Fishman, and Allendorf No: 1- Turner Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary June 4, 2018 7. 17CUP1088 Request: Conditional Use Permit to allow short term rental of a dwelling unit zoned R-5 and not the primary residence of the host Project Name: Short Term Rental Location: 2122 Edgehill Road Owner: Gant B. Hill Applicant/Representative: Key Source Properties Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Beth Jones, AICP, Planner II I A motion was made by Board Member Young, seconded by Board Member Fishman, that Case Number 17CUP1088, Conditional Use Permit to allow short term rental of a dwelling unit zoned R-5 and not the primary residence of the host, be WITHDRAWN per the applicant's request. The motion carried by the following vote: Yes: 7- Young, Buttorff, Turner, Howard, Leanhart, Fishman, and Allendorf Other Business 8. Procedural_Training Public Hearing Procedural Training Adjournment Louisville Metro Government Page 5

Agenda

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Agenda Board of Zoning Adjustment Monday, June 4, 2018 1:00 PM Old Jail Courtroom Call To Order Approval Of Minutes 1. BOZA_Minutes_05.21.18 Approval of the Minutes from the May 21, 2018 Board of Zoning Adjustment meeting. Attachments: BOZA_Minutes_05.21.18.pdf Public Hearing 2. 18VARIANCE1042 Request: Variance to exceed the infill maximum front setback Project Name: Bridwell Car Wash Location: 4856 Cane Run Road Owner: Hoag Holdings 36, LLC. Applicant: The Car Wash Company Jurisdiction: Louisville Metro Council District: 1 - Jessica Green Case Manager: Jay Luckett, Planner I Attachments: Sign.JPG Site from rear looking toward Cane Run Road.JPG Site from side looking away from Dollar Tree.JPG Site from side looking toward Dollar Tree.JPG Dollar Tree Setback.JPG Setback away from Dollar Tree.JPG 18VARIANCE1042 BOZA Staff Pres.ppt 18VARIANCE1042 BOZA staff report 6-4-18.pdf Louisville Metro Government Page 1 Printed on 5/31/2018 Board of Zoning Adjustment Agenda June 4, 2018 3. 18VARIANCE1047 Request: Variance to allow a fence to exceed 4 feet in height in the front yard setback Project Name: Elmwood Avenue Fence Location: 4003 Elmwood Avenue Owner: Julie & Robert Dixon Applicant: Robert Dixon Jurisdiction: City of St. Matthews Council District: 9 - Bill Hollander Case Manager: Dante St. Germain, Planner I Attachments: 18VARIANCE1047_Staff Pres.ppt 18VARIANCE1047_Staff Report_BOZA 060418.pdf 18VARIANCE1047_applicant_justification.pdf 18VARIANCE1047_elevation.pdf 18VARIANCE1047_site_plan_051418.pdf 4. 18VARIANCE1041 Request: Variance to allow a private yard area to be less than the required 30% of the area of a lot Project Name: Pennsylvania Avenue Garage Location: 142 Pennsylvania Avenue Owner: Kristen Michelle Edwards Applicant: Anne Del Prince Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Dante St. Germain, Planner I Attachments: 18VARIANCE1041_Staff Pres.ppt 18VARIANCE1041_Staff Report_BOZA 060418.pdf 18VARIANCE1041_applicant_justification.pdf 18VARIANCE1041_site_plan_elevations_043018.pdf Louisville Metro Government Page 2 Printed on 5/31/2018 Board of Zoning Adjustment Agenda June 4, 2018 5. 18VARIANCE1046 Request: Variance to allow a structure to encroach into the required front yard setback Project Name: Grace Court Residence Location: 907 Grace Court Owner: River Glen Landis II LLC Applicant: Michael Hill - Land Design & Development Jurisdiction: Louisville Metro Council District: 20 - Stuart Benson Case Manager: Dante St. Germain, Planner I Attachments: 18VARIANCE1046_Staff Pres.ppt 18VARIANCE1046_Staff Report_BOZA 060418.pdf 18VARIANCE1046_applicant_justification.pdf 18VARIANCE1046_elevations_1.pdf 18VARIANCE1046_elevations_2.pdf 18VARIANCE1046_site_plan_051618.pdf 6. 18CUP1028 Request: Conditional Use Permit to allow short term rental of a dwelling unit zoned R5-A and not the primary residence of the host Project Name: Short Term Rental Location: 2027 Maryland Avenue Owner/Applicant: Osborne Insurance Trust Applicant/Representative: Key Source Properties Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Beth Jones, AICP, Planner II I Attachments: 18CUP1028_BOZA PP.ppt 18CUP1028_BOZA Staff Rpt.pdf 18CUP1028_APO Mtg.pdf 18CUP1028_Public Comment.pdf Louisville Metro Government Page 3 Printed on 5/31/2018 Board of Zoning Adjustment Agenda June 4, 2018 7. 17CUP1088 Request: Conditional Use Permit to allow short term rental of a dwelling unit zoned R-5 and not the primary residence of the host Project Name: Short Term Rental Location: 2122 Edgehill Road Owner: Gant B. Hill Applicant/Representative: Key Source Properties Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Beth Jones, AICP, Planner II I Attachments: 17CUP1088_APO Mtg.pdf 17CUP1088_Applicant Comments.pdf 17CUP1088_APO Comments.pdf 17CUP1088_BOZA PP.ppt 17CUP1088_BOZA Staff Rpt.pdf Other Business 8. Procedural_Training Public Hearing Procedural Training Adjournment Louisville Metro Government Page 4 Printed on 5/31/2018