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 20, 2018 1:00 PM Old Jail Courtroom Call To Order Present: 6- Board Member Dwight Young, Board Member Richard Buttorff, Board Member Lester Turner Jr., Board Member Lula Howard, Board Member Kim Leanhart, and Board Member Rosalind Fishman Absent: 1- Chair Person Michael Allendorf Approval Of Minutes 1. BOZA_Minutes_08.06.18 Approval of the Minutes from the August 6, 2018 Board of Zoning Adjustment meeting. A motion was made by Board Member Turner, seconded by Board Member Young, that the Minutes from the August 6, 2018 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 3- Buttorff, Turner, and Fishman Absent: 1- Allendorf Abstain: 3- Young, Howard, and Leanhart Public Hearing 2. 18CUP1076 Request: Conditional Use Permit to allow a short- term rental that is not the primary residence of the host. Project Name: Morton Avenue Short Term Rental Location: 1419 Morton Avenue Owner: Daniel Gilmer Roberge Applicant: Key Source Properties, LLC Jurisdiction: Louisville Metro Council District: 8- Brandon Coan Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Howard, seconded by Board Member Turner, that Case Number 18CUP1076, Conditional Use Permit to allow a short-term rental that is not the primary residence of the host, be POSTPONED TO A DATE UNCERTAIN. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Howard, Leanhart, and Fishman Absent: 1- Allendorf Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary August 20, 2018 3. 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 Howard, seconded by Board Member Buttorff, that Case Number 18APPEAL1001, Review of Land Use Determination, be CONTINUED to the October 1, 2018 Board of Zoning Adjustment meeting. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Howard, Leanhart, and Fishman Absent: 1- Allendorf 4. 18VARIANCE1067 Request: Variance to exceed maximum sign area for an attached sign Project Name: Family Dollar Sign Area Variance Location: 6621 Southside Drive Owner: Family Dollar Stores of Kentucky Applicant: Lenny Lipari - Family Dollar Stores of Kentucky Representative: Stacey Martin - Commonwealth Sign Company Jurisdiction: Louisville Metro Council District: 21 - Vitalis Lanshima Case Manager: Ross Allen, Planner I A motion was made by Board Member Howard, seconded by Board Member Buttorff, that Case Number 18VARIANCE1067, Variance from Land Development Code (July 2018a) 8.3.3, Table 8.3.2 for a proposed replacement attached static sign to exceed the 60 sq. ft. on the Evangeline Avenue facade frontage on a C-1 zoned parcel within theTraditional Neighborhood Form District, and Variance from Land Development Code (July 2018a) 8.3.3, Table 8.3.2 for a proposed replacement attached static sign to exceed the 60 sq. ft. on the Southside Drive facade frontage on a C-1 zoned parcel within the Traditional Neighborhood Form District, be APPROVED. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Howard, Leanhart, and Fishman Absent: 1- Allendorf Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary August 20, 2018 5. 18VARIANCE1068 Request: Variances to allow fences in the street side yard setback to exceed four feet in height, and variances to allow a private swimming pool and deck to encroach into the street side yard setback Project Name: Bay Pine Drive Fences, Deck & Pool Location: 5900 Bay Pine Drive Owner/Applicant: Teresa Ramey Jurisdiction: Louisville Metro Council District: 23 - James Peden Case Manager: Dante St. Germain, Planner I A motion was made by Board Member Howard, seconded by Board Member Buttorff, that Case Number 18VARIANCE1068, be CONTINUED to the September 17, 2018 Board of Zoning Adjustment meeting. The motion carried by the following vote: Yes: 5- Young, Buttorff, Howard, Leanhart, and Fishman No: 1- Turner Absent: 1- Allendorf Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary August 20, 2018 6. 18CUP1003 Request: Conditional Use Permit, variance, and waivers to allow a private institutional use in an R-4 zoning district Project Name: Chua Phuoc Hau Temple Location: 8510 3rd Street Road Owner/Applicant: Nghiem Van Nguyen Representative: Mohammad Nouri Jurisdiction: Louisville Metro Council District: 25 - David Yates Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Howard, seconded by Board Member Leanhart, that Case Number 18CUP1003, Conditional Use Permit to allow a private institution in an R-4 zoning district, be APPROVED, granting relief from Item A, 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 a private institution without further review and approval by the Board. 3. The applicant shall submit a landscaping plan to PDS showing landscaping, including along the rear parking lot, that minimizes the view of the proposed development. The motion carried by the following vote: Yes: 5- Buttorff, Turner, Howard, Leanhart, and Fishman Absent: 1- Allendorf Abstain: 1- Young A motion was made by Board Member Howard, seconded by Board Member Buttorff, that Case Number 18CUP1003, Variance to allow the proposed structure to exceed the maximum setback, be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Turner, Howard, Leanhart, and Fishman Absent: 1- Allendorf Abstain: 1- Young Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary August 20, 2018 A motion was made by Board Member Howard, seconded by Board Member Leanhart, that Case Number 18CUP1003, Waiver to omit the required sidewalk along 3rd Street Road and to the proposed structure, and Waiver to reduce the required landscape buffer area along the property lines, be APPROVED. The motion carried by the following vote: Yes: 4- Turner, Howard, Leanhart, and Fishman No: 1- Buttorff Absent: 1- Allendorf Abstain: 1- Young 7. 18CUP1009 Request: Conditional Use Permit and variance to allow a private institutional use in an R-4 zoning district Project Name: Valiant Christian Academy Activity Center Location: 5627 New Cut Road Owner/Applicant: On Fire Christian Center, Inc. Representative: Jason Hall Jurisdiction: Louisville Metro Council District: 13 - Vicki Audrey Welch Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Young, seconded by Board Member Howard, that Case Number 18CUP1009, Conditional Use Permit to allow a private institution in an R-4 zoning district, be APPROVED, granting relief from Items A and C, 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 a private institution without further review and approval by the Board. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Howard, Leanhart, and Fishman Absent: 1- Allendorf A motion was made by Board Member Young, seconded by Board Member Howard, that Case Number 18CUP1009, Variance to allow the proposed structure to exceed the maximum front yard setback, be APPROVED. The motion carried by the following vote: Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary August 20, 2018 Yes: 6- Young, Buttorff, Turner, Howard, Leanhart, and Fishman Absent: 1- Allendorf 8. 17CUP1075 Request: Conditional Use Permit to allow short term rental of a dwelling unit located in the TNZD Project Name: S. 2nd Street Short Term Rental Location: 1239 S. 2nd Street Owner/Applicant: Daniel Kasteen Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Leanhart, seconded by Board Member Young, that Case Number 17CUP1075, Conditional Use Permit to allow short term rental of a dwelling unit located in 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: 4- Young, Howard, Leanhart, and Fishman No: 2- Buttorff, and Turner Absent: 1- Allendorf Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary August 20, 2018 9. 18CUP1075 Request: Conditional Use Permit to allow short term rental of a dwelling unit located in the TNZD Project Name: W. Lee Short Term Rental Location: 314 W. Lee Street Owner/Applicant: Craig Henderson Representative: KeySource Properties LLC Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Young, seconded by Board Member Buttorff, that Case Number 18CUP1075, Conditional Use Permit to allow short term rental of a dwelling unit located in 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. 3. At no time shall more than eight guests be permitted on the site as a condition of a short-term rental contract. The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Howard, Leanhart, and Fishman Absent: 1- Allendorf Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary August 20, 2018 10. 18CUP1067 Request: Conditional Use Permit to allow short term rental of a dwelling unit located in the TNZD Project Name: S. 1st Street Short Term Rental Location: 1021 & 1023 S. 1st Street Owner/Applicant: We Are MC Management LLC Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Young, seconded by Board Member Buttorff, that Case Number 18CUP1067, Conditional Use Permit to allow short term rental of dwelling units located in 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: 6- Young, Buttorff, Turner, Howard, Leanhart, and Fishman Absent: 1- Allendorf 11. 18CUP1078 Request: Conditional Use Permit to allow short term rental of a dwelling unit not the primary residence of the host Project Name: Alfresco Place Short Term Rental Location: 1933 Alfresco Place Owner/Applicant: Bay Breeze Capital LLC Representative: KeySource Properties LLC Jurisdiction: Louisville Metro Council District: 8 - Brando Coan Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Young, seconded by Board Member Buttorff, that Case Number 18CUP1078, Conditional Use Permit to allow short term rental of an R-5 dwelling unit not the primary residence of the host (LDC 4.2.63), be DENIED. The motion carried by the following vote: Yes: 4- Young, Buttorff, Turner, and Howard No: 2- Leanhart, and Fishman Louisville Metro Government Page 8 Board of Zoning Adjustment Action Summary August 20, 2018 Absent: 1- Allendorf PLANNING DIRECTOR’S REPORT Emily Liu, Planning & Design Services Director, stated Michael Allendorf has resigned and his last day is August 31, 2018. Ms. Liu stated Ms. Fishman will be the official chair of this Board effective September 1st. Ms. Liu stated at the next meeting, which will be Tuesday, September 4, 2018 (no meeting Monday, September 3rd due to the Labor Day holiday), there will be an election of officers at the beginning of the meeting. Ms. Liu advised the Board Members that there are some training opportunities coming up October 5th in Cincinnati. Ms. Liu stated that same week there will be an all day KIPDA training locally. Joe Haberman stated Councilman Coan is wanting us to take another look at the Short Term Rental Ordinance, so we are in a public comment period. Mr. Haberman stated that will not come before BOZA, it goes to the Planning Commission then to Metro Council, so if anyone has any comments they should get them to Mr. Haberman and he will get them to the Planning Commission to consider. Adjournment Louisville Metro Government Page 9