Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W Liberty Street Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, August 6, 2018 1:00 PM Old Jail Courtroom Call To Order Present: 4- Board Member Richard Buttorff, Board Member Lester Turner Jr., Board Member Rosalind Fishman, and Chair Person Michael Allendorf Absent: 3- Board Member Dwight Young, Board Member Lula Howard, and Board Member Kim Leanhart Approval Of Minutes 1. BOZA_Minutes_07.30.18 Approval of the Minutes from the July 30, 2018 Board of Zoning Adjustment meeting. A motion was made by Board Member Buttorff, seconded by Board Member Turner, that the Minutes from the July 30, 2018 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 4- Buttorff, Turner, Fishman, and Allendorf Absent: 3- Young, Howard, and Leanhart Public Hearing 2. 18CUP1055 Request: Conditional Use Permit to allow an accessory apartment in the R-4 Single Family Residential zoning district - WITHDRAWN Project Name: Brownsboro Road Accessory Apartment Location: 4631 Brownsboro Road Owner: Larry & Mae Swisher Applicant: Kathy Linares - Mindel Scott & Associates Representative: John Talbott - Bardenwerper, Talbott & Roberts Jurisdiction: Louisville Metro Council District: 16 - Scott Reed Case Manager: Dante St. Germain, Planner I At the request of the applicant, this case has been WITHDRAWN. Therefore, no vote or action was taken. Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary August 6, 2018 3. 18VARIANCE1063 Request: Fence Height Variance Project Name: Mount Holly Road Variance Location: 504 Mount Holly Road Owner/Applicant: Cecil Comstock Jurisdiction: Louisville Metro Council District: 13 - Vicki Aubrey Welch Case Manager: Ross Allen, Planner I A motion was made by Board Member Fishman, seconded by Board Member Buttorff, that Case Number 18VARIANCE1063, Variance from Land Development Code Section 4.4.3.A.1.a.i for an existing and proposed six feet tall solid wooden fence to exceed the maximum allowable height within the street side yard setback along Morgan Ave. on an R-4 zoned parcel within the Village Center Form District, be APPROVED, SUBJECT to the following Condition of Approval: Condition of Approval: 1. Two panels from the edge of Morgan side street closest to the culvert area will be removed to help offset the height difference. The motion carried by the following vote: Yes: 3- Turner, Fishman, and Allendorf No: 1- Buttorff Absent: 3- Young, Howard, and Leanhart 4. 18VARIANCE1026 Request: Fence Height Variance, a Sidewalk Waiver, and Scenic Corridor Waiver Project Name: Old Henry Road Variance/Waiver Location: 12400 Old Henry Road Owner/Applicant: Mr. Douglas and Mrs. Rosalinda Michael Representative: Glenn Price - Frost, Brown, and Todd LLC. Jurisdiction: Middletown, KY Council District: 19 - Julie Denton Case Manager: Ross Allen, Planner I A motion was made by Board Member Fishman, seconded by Board Member Buttorff, that Case Number 18VARIANCE1026, Variance from Middletown LDC 4.4.3.A.1.a.i for a proposed tennis court (accessory use) fence to exceed the maximum height of four feet on an R-4 zoned parcel within the Neighborhood Form District within the 30 ft. front yard setback (the fence will exceed the allowable height by six feet for a total of ten feet in height), be APPROVED. The motion carried by the following vote: Yes: 4- Buttorff, Turner, Fishman, and Allendorf Absent: 3- Young, Howard, and Leanhart Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary August 6, 2018 A motion was made by Board Member Fishman, seconded by Board Member Turner, that Case Number 18VARIANCE1026/18WAIVER1008, Waiver #1 from Middletown LDC (March 2006) 5.8.1.B to not provide a sidewalk in the public right-of-way along Old Henry Road for an approximate length of 620 ft., and Waiver #2 from Middletown LDC (March 2006) 10.3.6, Table 10.3.2 to allow a proposed tennis court (accessory structure) to encroach approximately 42 ft. into the 50 ft. required Scenic Corridor required setback along Old Henry Road, be RECOMMENDED FOR APPROVAL to the City of Middletown, SUBJECT to the following Condition of Approval: Condition of Approval: 1. The site plan 3 of 3 shall be tied to Waiver #2. The motion carried by the following vote: Yes: 4- Buttorff, Turner, Fishman, and Allendorf Absent: 3- Young, Howard, and Leanhart 5. 18VARIANCE1062 Request: Variance to allow a structure to encroach into the required side yard setback and variance to allow a private yard area to be less than the required 20% of the area of a lot Project Name: Arlington Avenue Addition Location: 1616 Arlington Avenue Owner: Revamp Limited Liability Co. Applicant: Tami Phillips Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Turner, seconded by Board Member Buttorff, that Case Number 18VARIANCE1062, Variance from Land Development Code Table 5.2.2 to allow a structure to encroach into the required side yard setback, and Variance from Land Development Code Section 5.4.1.D.3 to allow a private yard area to be less than the required 20% of the area of a lot, be APPROVED. The motion carried by the following vote: Yes: 4- Buttorff, Turner, Fishman, and Allendorf Absent: 3- Young, Howard, and Leanhart Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary August 6, 2018 6. 18VARIANCE1064 Request: Variance to allow attached signage to exceed the maximum allowed area Project Name: Churchill Downs Signage Location: 700 Central Avenue Owner: Louisville/Jefferson County Metro Government Applicant: Ashley Bartley - Qk4 Jurisdiction: Louisville Metro Council District: 15 - Marianne Butler Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Fishman, seconded by Board Member Buttorff, that Case Number 18VARIANCE1064, Variance from Land Development Code Table 8.3.1 (Campus) to allow attached signage to exceed the maximum allowable area, be APPROVED. The motion carried by the following vote: Yes: 4- Buttorff, Turner, Fishman, and Allendorf Absent: 3- Young, Howard, and Leanhart 7. 18WAIVER1026 Request: Exceptional Signage Review Project Name: Riverport Landings Exceptional Signage Location: 3317 & 3318 Cathe Dykstra Way, 3320 Mary O’Connor Drive Owner/Applicant: Riverport Development LLC Representative: Kimberly Stephenson - The Marion Group Jurisdiction: Louisville Metro Council District: 1 - Jessica Green Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Turner, seconded by Board Member Buttorff, that Case Number 18WAIVER1026, Exceptional Signage Review to allow interior directional signage on lots that have no public street frontage, be APPROVED. The motion carried by the following vote: Yes: 4- Buttorff, Turner, Fishman, and Allendorf Absent: 3- Young, Howard, and Leanhart Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary August 6, 2018 8. 18CUP1041 Request: Conditional Use Permit (CUP) to allow short term rental of dwelling units not the primary residence of the host Project Name: Highland Avenue Short Term Rental Location: 1301 Highland Avenue Owner/Applicant: Edwin Hopson 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 Turner, that Case Number 18CUP1041, Conditional Use Permit to allow short term rental of two 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. 3. The applicant shall surface the existing rear on-site parking area with a hard and durable surface as required by LDC 9.1.12.A.1. Gravel is acceptable. Applicant shall notify PDS staff upon completion so that on-site inspection can be completed before short-term rentals may proceed on the site. The motion carried by the following vote: Yes: 4- Buttorff, Turner, Fishman, and Allendorf Absent: 3- Young, Howard, and Leanhart Adjournment Louisville Metro Government Page 5