Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W Liberty Street Louisville, KY 40202 Action Summary Board of Zoning Adjustment Tuesday, September 4, 2018 1:00 PM Old Jail Courtroom Call To Order Present: Board Members Howard, Turner, Buttorff, Leanhart, and Chair Fishman Absent: Board Member Young Approval Of Minutes 1. BOZA_Minutes_08.20.18 Approval of the Minutes from the August 20, 2018 Board of Zoning Adjustment meeting. A motion was made by Board Member Turner, seconded by Board Member Howard, that the Minutes from the August 20, 2018 Board of Zoning Adjustment meeting be APPROVED. The motion carried by a unanimous vote. Business Session 2. 18CUP1078 Request: A request for reconsideration of Board’s decision 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 No motion was made to reconsider this case. No vote or action was taken. 3. BOZA_Election_Officers_9.04.18 BOZA Election of Officers 09.04.18 A motion was made by Board Member Howard, seconded by Board Member Buttorff, to nominate Dwight Young as Vice Chair of the Board of Zoning Adjustment. There being no further nominations, the motion carried by a unanimous vote. Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary September 4, 2018 4. 18CUP1054 Request: Modified Conditional Use Permit to allow a building expansion, additional parking, and enhanced landscaping Project Name: Bennett & Bloom Eye Center Location: 9200 Leesgate Road Owner: Leesgate Holdings, LLC Applicant: Bennett & Bloom Representative: John Campbell Jurisdiction: Louisville Metro Council District: 18 - Marilyn Parker Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Howard, seconded by Board Member Turner, that Case Number 18CUP1054, Modified Conditional Use Permit to allow a larger building addition, additional parking, and enhanced landscape plan, be APPROVED, 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 medical office building/eye surgery center without further review and approval by the Board. 3. The enhanced landscape plan shall conform to the conditions set forth in the signed letter of agreement dated July 20, 2018. The motion carried by a unanimous vote. Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary September 4, 2018 5. 18VARIANCE1077 Request: Variance to allow a structure to encroach into the required side yard setback. Project Name: Drayton Drive Variance Location: 2629 Drayton Drive Owners: Darlene Crutcher Applicant: Anne Del Prince - Del Prince Designs, LLC Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Dante St. Germain, Planner II A motion was made by Board Member Turner, seconded by Board Member Howard, that Case Number 18VARIANCE1077, Variance from Land Development Code Table 5.3.1 to allow a structure to encroach into the required side yard setback, be APPROVED, SUBJECT to the following Condition of Approval: Condition of Approval: 1. A survey of the southern property line shall be completed prior to the commencement of construction activity and shall be staked in the field. No projections from the façade or building foundation shall cross the property line; any such projections shall be accommodated by stepping back the proposed structure from the property line. The motion carried by the following vote: Yes: Members Howard, Turner, Leanhart and Chair Fishman No: Member Buttorff Public Hearing Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary September 4, 2018 6. 18VARIANCE1066 Request: Variance to allow attached garage to encroach into the front yard setback Project Name: Evergreen Place Court Variance Location: 521 Evergreen Place Court Owner: Mathew McCluggage Applicant/Representative: Charles Penn - Distinctive Design Jurisdiction: City of Middletown Council District: 19 - Julie Denton Case Manager: Chris French, AICP, Planning Supervisor A motion was made by Board Member Turner, seconded by Board Member Leanhart, that Case Number 18VARIANCE1066, Variance from City of Middletown Land Development Code Table 5.3.1 for a proposed attached garage to encroach 13.4 ft. into the 30 ft. Front/Street Side Yard Setback for an R-4 zoned parcel within a Neighborhood Form District, be APPROVED, SUBJECT to the following Condition of Approval: Condition of Approval: 1. The applicant shall submit and record a minor subdivision plat to shift the 30 ft. build limit line on this parcel as shown in plat book 39 page 46. The motion carried by a unanimous vote. 7. 18VARIANCE1073 Request: Variance to allow a structure to encroach into the required infill front yard setback. Project Name: Hi View Lane Variance Location: 9015 Hi View Lane Owner/Applicant: Eric & Raegan Hardin Jurisdiction: Louisville Metro Council District: 25 - David Yates Case Manager: Dante St. Germain, Planner II A motion was made by Board Member Howard, seconded by Board Member Buttorff, that Case Number 18VARIANCE1073, Variance from Land Development Code Section 5.1.12.B.2.a to allow a structure to encroach into the required infill front yard setback, be APPROVED. The motion carried by a unanimous vote. Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary September 4, 2018 8. 18VARIANCE1070 Request: Variance to allow a proposed fence to exceed the allowed height in the required front yard Project Name: Lytle Street Variance Location: 1709 Lytle Street Owner/Applicant: Ritchie Gypsy Jurisdiction: Louisville Metro Council District: 5-Cheri Bryant Hamilton Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Howard, seconded by Board Member Leanhart, that Case Number 18VARIANCE1070, Variance from Land Development Code Chapter 4.4.3.A.1.a.i to allow a proposed chain link fence to be 76" at the highest point (includes the pole caps) in the required front yard, be APPROVED. The motion carried by a unanimous vote. 9. 18CUP1008 Request: Conditional Use Permit for a commercial kennel Project Name: Bark Louisville Kennel Location: 713 E. Broadway Owner/Applicant: Bark Louisville LLC Representative: Architectural Artisans Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Turner, seconded by Board Member Buttorff, that Case Number 18CUP1008, Conditional Use Permit for a commercial kennel in a C-2 commercial zoning district (LDC 4.2.17) be APPROVED, 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 BOZA. 2. The Conditional Use Permit shall be exercised as described in KRS 100.237 within two years of the BOZA vote on this case. If the Conditional Use Permit is not so exercised, the site shall not be used for a commercial kennel without further review and approval of BOZA. The motion carried by a unanimous vote. Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary September 4, 2018 10. 18CUP1022 Request: Conditional Use Permit for Private Proprietary Club Project Name: The Barn at Cedar Creek Location: 10309 Cedar Creek Road Owner: Gerry and Tammy Boston Applicant: Mindell Scott Representative: Joyner Law Offices PLLC Jurisdiction: Louisville Metro Council District: 22 - Robin Engel Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Howard, seconded by Board Member Buttorff, that Case Number 18CUP1022, Conditional Use Permit for Private Proprietary Club (LDC 4.2.44) be APPROVED, noting RELIEF from Items B 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 by and approval of 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 Proprietary Club without further review by and approval of the Board. 3. Louisville Metro Department of Public Health & Wellness permits events at the site through December 31, 2018 using the existing on-site waste disposal system. A new system must be installed before any event occurring on or after January 1, 2019. This new system must meet specifications and conditions contained in the Health Department Site Evaluation #195377. 4. The number of guests for any event shall be limited to no more than 150. 5. Indoor and outdoor amplified music shall be cut off at 10:00 p.m. All speakers shall face away from adjoining residential properties. The motion carried by a unanimous vote. A motion was made by Board Member Howard, seconded by Board Member Buttorff, that Case Number 18CUP1022, Waiver of the requirement to provide a sidewalk along the property frontage (LDC 6.2.6), and Waiver of the requirement to provide pedestrian access to the event structure from the public right-of-way (LDC 6.2.6) be APPROVED. The motion carried by a unanimous vote. A motion was made by Board Member Howard, seconded by Board Member Buttorff, that Case Number 18CUP1022, Request to permit existing landscaping to serve as an alternative to the required C-1 buffering standards (LDC 10.2.4, Exception 8), be APPROVED. The motion carried by a unanimous vote. Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary September 4, 2018 11. 18CUP1064 Request: Conditional Use Permit to allow short term rental of a dwelling unit located within the TNZD Project Name: Ormsby Avenue Short Term Rental Location: 414 W. Ormsby Avenue Owner/Applicant: Thomas Evers 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 Howard, that Case Number 18CUP1064, Conditional Use Permit to allow short term rental of dwelling units located within the Old Louisville /Limerick 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 a unanimous vote. Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary September 4, 2018 12. 17CUP1101 Request: Conditional Use Permit to allow short term rental of a dwelling unit not the primary residence of the host Project Name: Vine Street Short Term Rental Location: 911 Vine Street Owner/Applicant: The Wynnfield Co. Representative: Ken Sumner Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Leanhart, seconded by Board Member Buttorff, that Case Number 17CUP1101, Conditional Use Permit to allow short term rental of R-6 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 a unanimous vote. Adjournment Louisville Metro Government Page 8