Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, June 18, 2018 1:00 PM Old Jail Courtroom Call To Order Present: 5- Board Member Dwight Young, Board Member Richard Buttorff, Board Member Lester Turner Jr., Board Member Lula Howard, and Board Member Kim Leanhart Absent: 2- Board Member Rosalind Fishman, and Chair Person Michael Allendorf A motion was made by Board Member Buttorff, seconded by Board Member Leanhart, to elect Lula Howard as Pro Tem Chair to preside over today's Board of Zoning Adjustment meeting. The motion carried by the following vote: Yes: 5- Young, Buttorff, Turner, Howard, and Leanhart Absent: 2- Fishman, and Allendorf Approval Of Minutes 1. BOZA_Minutes_06.04.18 Approval of the Minutes from the June 4, 2018 Board of Zoning Adjustment meeting. A motion was made by Board Member Turner, seconded by Board Member Buttorff, that the Minutes from the June 4, 2018 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 5- Young, Buttorff, Turner, Howard, and Leanhart Absent: 2- Fishman, and Allendorf Public Hearing Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary June 18, 2018 2. 18VARIANCE1043 Request: Variance to allow an enclosed porch to encroach within the 3 ft. side yard Project Name: Mulberry Street Variance Location: 912 Mulberry Street Owner/Applicant: Nicholas A. Spalding Representative: Nicholas A. Spalding Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Ross Allen, Planner I A motion was made by Board Member Young, seconded by Board Member Buttorff, that Case Number 18VARIANCE1043, Variance from Land Development Code Section 5.2.2.C.2, Table 5.2.2 for a proposed enclosed existing rear addition to encroach into the three ft. side yard setback on an R-6 zoned parcel within the Traditional Neighborhood Form District, be APPROVED. The motion carried by the following vote: Yes: 5- Young, Buttorff, Turner, Howard, and Leanhart Absent: 2- Fishman, and Allendorf 3. 17DEVPLAN1197 Request: Review of a Category 3 Development Plan for the Beecher Terrace Lifelong Wellness Building Project Name: Beecher Terrace Senior Living - Phase I Location: 320 Roy Wilkins Ave. Owner/Applicant: Tim Barry - Louisville Metro Housing Authority Representative: Missy Legel - Civil Design Inc. Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Ross Allen, Planner I A motion was made by Board Member Young, seconded by Board Member Buttorff, that Case Number 17DEVPLAN1197, Re-approval of a Category 3 Development Plan for the proposed mixed-use 4 story 111,857 sq. ft. structure with proposed changes which do not impact any of the previously approved variances or waivers for the Beecher Terrace Lifelong Wellness Building - Phase 1 as associated with the Vision Russell Transformation Plan, be APPROVED. The motion carried by the following vote: Yes: 4- Young, Buttorff, Turner, and Howard Absent: 2- Fishman, and Allendorf Abstain: 1- Leanhart Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary June 18, 2018 4. 18VARIANCE1045 Request: Variance to allow a private yard area to be less than the required 30% of the area of a lot Project Name: Quadrant Avenue Addition Location: 1548 Quadrant Avenue Owner: Kathleen Kronauer Applicant: 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 Turner, seconded by Board Member Young, that Case Number 18VARIANCE1045, Variance from Land Development Code Section 5.4.1.D.2 to allow a private yard area to be less than the requirerd 30% of the area of the lot, be APPROVED. The motion carried by the following vote: Yes: 5- Young, Buttorff, Turner, Howard, and Leanhart Absent: 2- Fishman, and Allendorf 5. 18VARIANCE1048 Request: Variance to allow a structure to encroach into the required side yard setback Project Name: Moser Road Addition Location: 905 Moser Road Owner: Richard & Highnight Allgeier Applicant: Richard Allgeier Jurisdiction: City of Douglass Hills Council District: 19 - Julie Denton Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Leanhart, seconded by Board Member Young, that Case Number 18VARIANCE1048, Variance from City of Douglass Hills Land Development Code Table 5.4.1 to allow a structure to encroach into the required side yard setback, be APPROVED. The motion carried by the following vote: Yes: 5- Young, Buttorff, Turner, Howard, and Leanhart Absent: 2- Fishman, and Allendorf Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary June 18, 2018 6. 18VARIANCE1049 Request: Variance to allow a sign to exceed the maximum allowed area in the Traditional Neighborhood form district Project Name: Family Dollar Sign Location: 5312 S 3rd Street Owner: Iroquois Legacy Center LLC Applicant: Bardenwerper, Talbott & Roberts PLLC Representative: John Talbott Jurisdiction: Louisville Metro Council District: 21 - Vitalis Lanshima Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Young, seconded by Board Member Buttorff, that Case Number 18VARIANCE1049, Variance from Land Development Code Table 8.3.1 (Traditional Neighborhood) to allow a sign to exceed the allowed maximum area, be APPROVED. The motion carried by the following vote: Yes: 5- Young, Buttorff, Turner, Howard, and Leanhart Absent: 2- Fishman, and Allendorf 7. 16CUP1025 Request: Conditional Use Permit to allow off-street parking in an R-5 zoning District Project Name: None Location: 2071 South Preston Street Owner/Applicant: Wettig Properties, LLC Jurisdiction: Louisville Metro Council District: 15 - Marianne Butler Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Young, seconded by Board Member Turner, that Case Number 16CUP1025, Conditional Use Permit to allow off-street parking in an R-5 zoning district with associated waivers, be DEFERRED to the July 2, 2018 Board of Zoning Adjustment meeting. The motion carried by the following vote: Yes: 5- Young, Buttorff, Turner, Howard, and Leanhart Absent: 2- Fishman, and Allendorf Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary June 18, 2018 8. 18CUP1042 Request: Conditional Use Permit to allow short term rental of a dwelling unit in the Traditional Neighborhood Zoning District (TNZD) Project Name: Short Term Rental Location: 1704 S. 3rd Street Owner/Applicant: Michael McCoy Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Turner, seconded by Board Member Buttorff, that Case Number 18CUP1042, Conditional Use Permit to allow short term rental of a dwelling unit in the Traditional Neighborhood Zoning District (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: 5- Young, Buttorff, Turner, Howard, and Leanhart Absent: 2- Fishman, and Allendorf 9. 18CUP1047 Request: Conditional Use Permit to allow short term rental of dwelling units zoned R-6 not the primary residence of the host Project Name: Short Term Rental Location: 834 Franklin Street Owner/Applicant: Yong Cha Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Young, seconded by Board Member Leanhart, that Case Number 18CUP1047, Conditional Use Permit to allow short term rental of dwelling units zoned R-6 not the primary residence of the host (LDC 4.2.63), be DENIED. The motion carried by the following vote: Yes: 5- Young, Buttorff, Turner, Howard, and Leanhart Absent: 2- Fishman, and Allendorf Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary June 18, 2018 10. 18CUP1057 Request: Conditional Use Permit to allow short term rental of dwelling units zoned R5-B not the primary residence of the host Project Name: Short Term Rental Location: 1303 Goddard Avenue Owner/Applicant: SMK Holdings 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 18CUP1057, Conditional Use Permit to allow short term rental of a dwelling unit not the primary residence of the host (LDC 4.2.63) be APPROVED, SUBJECT to the following Condtions 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: 5- Young, Buttorff, Turner, Howard, and Leanhart Absent: 2- Fishman, and Allendorf Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary June 18, 2018 11. 18CUP1058 Request: Conditional Use Permit to allow short term rental of dwelling units zoned R5-B not the primary residence of the host Project Name: Short Term Rental Location: 1404 Goddard Avenue Owner: Juan Vassallo Applicant: Sally Vassallo Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Leanhart, seconded by Board Member Young, that Case Number 18CUP1058, Conditional Use Permit to allow short term rental of a dwelling unit 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. The number of guests at any one time shall be limited to ten. The motion carried by the following vote and the Ordinance was sent to the Consent Calendar: Yes: 5- Young, Buttorff, Turner, Howard, and Leanhart Absent: 2- Fishman, and Allendorf NOTE: Joe Haberman advised the Board Members that the Fee Schedule has been updated, effective July 1, 2018. Adjournment Louisville Metro Government Page 7