Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, July 2, 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_06.18.18 Approval of the Minutes from the June 18, 2018 Board of Zoning Adjustment meeting. A motion was made by Board Member Howard, seconded by Board Member Turner, that the Minutes from the June 18, 2018 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 5- Young, Buttorff, Turner, Howard, and Leanhart Abstain: 2- Fishman, and Allendorf Public Hearing 2. 18APPEAL1001 Request: Review of Land Use Determination Project Name: Conley Appeal Location: 4301 Mud Lane Owner: Rickey and Janice Conley Representative: Bart L. Greenwald Jurisdiction: Louisville Metro Council District: 13 - Vicki Aubrey Welch Case Manager: Chris French, AICP, Planning & Design Supervisor A motion was made by Board Member Fishman, seconded by Board Member Howard, that Case Number 18APPEAL1001 be CONTINUED to the August 20, 2018 Board of Zoning Adjustment meeting at the request of the applicant. 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 July 2, 2018 3. 16CUP1025 Request: Conditional Use Permit to allow off-street parking in an R-5 zoning District Project Name: Parking for Bar of Soap and Z Bar 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 Howard, seconded by Board Member Fishman, that Case Number 16CUP1025, Conditional Use Permit to allow off-street parking in an R-5 zoning district, be APPROVED, granting relief from Item C of the Standard of Review and Staff Analysis for Conditional Use Permit, and 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 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 off-street parking without further review and approval by the Board. 3. The applicant shall submit material for construction plan approval to the applicable agencies within forty (40) days of approval of the Conditional Use Permit. Upon receipt of approval of the construction plans, the applicant shall commence construction of the parking lot within fifty (50) days and shall use its best efforts to complete the parking lot improvements as quickly as possible. The above deadlines may be extended for reasons beyond the reasonable control of the applicant, including, but not limited to, material or labor shortage, strikes, delays in the issuance of permits, acts of God, weather, acts of terrorism or other criminal acts, or any other force majeure act. The extension of time shall only continue so long as the force majeure condition continues, and the applicant shall use its best efforts to complete the construction of the parking lot as soon as the force majeure condition ceases to exist. The motion carried by the following vote: Yes: 7- Young, Buttorff, Turner, Howard, Leanhart, Fishman, and Allendorf A motion was made by Board Member Howard, seconded by Board Member Fishman, that Case Number 16CUP1025, Waiver to not provide the 3-foot wall along the property lines facing South Preston Street and Lynn Street, Waivers to eliminate the required 15 feet landscape buffer along the north and east property lines, and Waivers to reduce the required 5 feet vehicular use area facing South Preston Street and Lynn Street, be APPROVED. The motion carried by the following vote: Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary July 2, 2018 Yes: 7- Young, Buttorff, Turner, Howard, Leanhart, Fishman, and Allendorf 4. 16CUP1001 Request: Scrubber System Report Project Name: 16CUP1001 Location: 1200 Story Avenue Owner/Applicant: JBS USA, LLC & Swift Pork Company Representative: Glenn Price Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Steve Hendrix, Planning & Design Coordinator A motion was made by Board Member Fishman, seconded by Board Member Howard, in Case Number 16CUP1001, that the Board ACCEPT the Scrubber System Report as presented, and that this shall be the final report to be provided by the applicant. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Howard, Fishman, and Allendorf Abstain: 1- Leanhart 5. 17CUP1026 Request: Conditional Use Permit (CUP) to allow short term rental of dwelling units not the primary residence of the host Project Name: Short Term Rental Location: 1001 Cardinal Drive Owner/Host: Joseph T. Beutenbach 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 17CUP1026, Conditional Use Permit to allow short term rental of dwelling units 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. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Howard, Leanhart, and Allendorf Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary July 2, 2018 No: 1- Fishman 6. 18APPEAL1003 Request: Review of Nonconforming Rights Determination Project Name: Henry Avenue Appeal Location: 3599 Henry Avenue Owner: Launch Intl. LLC Appellant: James Wright Representative: Dustin Robinson Jurisdiction: Louisville Metro Council District: 13 - Marianne Butler Case Manager: Chris French, AICP, Planning & Design Supervisor A motion was made by Board Member Fishman, seconded by Board Member Turner, that Case Number 18APPEAL1003, Appeal of a staff determination issued by the Office of Planning & Design Services concerning a request for nonconforming rights for a two-family dwelling (duplex) at 3599 Henry Avenue, Louisville, Ky, be APPROVED. The motion was WITHDRAWN in order to reopen public hearing for additional testimony. A motion was made by Board Member Howard, seconded by Board Member Fishman, to OVERTURN STAFF DETERMINATION in Case Number 18APPEAL1003, Appeal of a staff determination issued by the Office of Planning & Design Services concerning a request for nonconforming rights for a two-family dwelling (duplex) at 3599 Henry Avenue and 1135 Whitney Avenue, Louisville, KY, and the Board further finds that the property was a duplex in 1971 and has continuously remained a duplex to date. The motion carried by the following vote: Yes: 6- Buttorff, Turner, Howard, Leanhart, Fishman, and Allendorf No: 1- Young Adjournment Louisville Metro Government Page 4