Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W Liberty Street Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, October 1, 2018 1:00 PM Old Jail Courtroom Call To Order Present: 5- Board Member Dwight Young, Board Member Lester Turner Jr., Board Member Lula Howard, Board Member Kim Leanhart, and Chair Person Rosalind Fishman Absent: 1- Board Member Richard Buttorff Approval Of Minutes 1. BOZA_Minutes_09.17.18 Approval of the Minutes from the September 17, 2018 Board of Zoning Adjustment meeting. A motion was made by Board Member Turner, seconded by Board Member Leanhart, that the Minutes from the September 17, 2018 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 4- Young, Turner, Leanhart, and Fishman Absent: 1- Buttorff Abstain: 1- Howard Business Session 2. 18VARIANCE1081 Request: Variance to allow a private yard area to be less than the required 20% of the area of the lot Project Name: Park Avenue Variance Location: 631 Park Avenue Owner: Peggy Cummins Applicant: Doug Wilson Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Zach Schwager, Planner I A motion was made by Board Member Howard, seconded by Board Member Young, that Case Number 18VARIANCE1081, 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: 5- Young, Turner, Howard, Leanhart, and Fishman Absent: 1- Buttorff Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary October 1, 2018 3. 18VARIANCE1076 Request: Variance to allow a proposed detached garage to encroach into the required rear yard Project Name: Wilson Detached Garage Location: 305 Breckenridge Lane Owner/Applicant: Adam Wilson Jurisdiction: St. Matthews Council District: 9 - Bill Hollander Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Young, seconded by Board Member Howard, that Case Number 18VARIANCE1076, Variance from Land Development Code Section 9.2.P to allow a structure to encroach into the required rear yard setback, be APPROVED. The motion carried by the following vote: Yes: 5- Young, Turner, Howard, Leanhart, and Fishman Absent: 1- Buttorff Old Business 4. 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 Turner, that Case Number 18APPEAL1001, Appeal of Land Use Determination, be CONTINUED to the November 5, 2018 Board of Zoning Adjustment meeting at the appellant's request. The motion carried by the following vote: Yes: 5- Young, Turner, Howard, Leanhart, and Fishman Absent: 1- Buttorff Public Hearing Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary October 1, 2018 5. 18VARIANCE1039 Request: Variance to allow a structure to exceed the maximum infill front yard setback and Waiver to allow a garage in the Traditional Neighborhood form district to be flush with the front façade of the house Project Name: Caledonia Avenue Variance & Waiver Location: 4 Caledonia Avenue Owner/Applicant: Thomas Faversham Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Dante St. Germain, Planner II A motion was made by Board Member Young, seconded by Board Member Howard, that Case Number 18VARIANCE1039, Variance from Land Development Code Section 5.1.12.A.2.a to allow a structure to exceed the maximum allowed infill front yard setback, and Waiver from Land Development Code Section 5.4.1.C.3 to allow an attached front-loaded garage to not be set back 4 feet from the front facade of the house, be APPROVED. The motion carried by the following vote: Yes: 5- Young, Turner, Howard, Leanhart, and Fishman Absent: 1- Buttorff 6. 18VARIANCE1071 Request: Variance to allow a detached garage to encroach into the rear yard setback Project Name: Woodbourne Avenue Variance Location: 1900 Woodbourne Avenue Owner: David Franck Applicant: Anne Del Prince - Del Prince Designs, LLC Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Zach Schwager, Planner I A motion was made by Board Member Howard, seconded by Board Member Leanhart, that Case Number 18VARIANCE1071, Variance from Land Development Code Table 5.4.1.E.2 to allow a structure to encroach into the required rear yard setback, be APPROVED. The motion carried by the following vote: Yes: 5- Young, Turner, Howard, Leanhart, and Fishman Absent: 1- Buttorff Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary October 1, 2018 7. 18VARIANCE1082 Request: Variance to allow a private yard area to be less than the required 20% of the area of the lot Project Name: Floral Terrace Variance Location: 628 Floral Terrace Owner/Applicant: Barry Sanford Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Zach Schwager, Planner I A motion was made by Board Member Young, seconded by Board Member Turner, that Case Number 18VARIANCE1082, 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: 5- Young, Turner, Howard, Leanhart, and Fishman Absent: 1- Buttorff 8. 18VARIANCE1072 Request: Variance to permit a fence to exceed the permitted height Project Name: Kings Highway Fence Location: 2514 Kings Highway Owner/Applicant: Amy Baach and Indras Moontree 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 Howard, that Case Number 18VARIANCE1072, Variance to permit a fence to exceed the permitted height in an R-5 Single-family Residential zone (LDC 4.4.3.1), be APPROVED. The motion carried by the following vote: Yes: 5- Young, Turner, Howard, Leanhart, and Fishman Absent: 1- Buttorff Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary October 1, 2018 9. 18CUP1085 Request: Conditional Use Permit to allow short term rental of dwelling units not the primary residence of the host Project Name: Lexington Road Short-Term Rental Location: 1318 Lexington Road Owner Michael Ratterman Applicant/Representative: KeySource Properties LLC 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 Turner, that Case Number 18CUP1085, 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: 5- Young, Turner, Howard, Leanhart, and Fishman Absent: 1- Buttorff Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary October 1, 2018 10. 18CUP1074 Request: Conditional Use Permit for Off-Street Parking Area with relief to reduce yard sizes and waivers of landscaping requirements Project Name: Bradford Mills Lofts Off Street Parking Location: 1134 and 1136 Reutlinger Avenue Owner: James Wilson Applicant: The Marian Group 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 Howard, that Case Number 18CUP1074, Conditional Use Permit for off-street parking area (LDC 4.2.39), with Relief from Item C, and Waivers of LBA dimensional and landscaping requirements (LDC 10.2.4), 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 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 Off-Street Parking without further review by and approval of the Board. 3. Applicant shall match all screening and/or landscaping along front and rear property lines of subject site as was required for the existing parking area on the adjoining Bradford Mills site. 4. Subject parcels will be consolidated with the existing parking area on the adjoining Bradford Mills Lofts parcel, or an agreement for crossover parking and access, will be recorded prior to approval of final site construction plan. The motion carried by the following vote: Yes: 5- Young, Turner, Howard, Leanhart, and Fishman Absent: 1- Buttorff Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary October 1, 2018 11. 18CUP1089 Request: Conditional Use Permit for outdoor alcohol sales and consumption for a restaurant with variances to encroach into required setbacks and waiver of landscape requirements at rear Project Name: Goss Avenue CUP Location: 1031/1035/1037/1041 Goss Avenue Owner: BCCN Real Estate Holdings LLC Applicant: Goss Avenue Restaurant LLC Representative: Bardenwerper Talbott & Roberts PLLC 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 Turner, that Case Number 18CUP1089, Conditional Use Permit for outdoor alcohol sales and consumption for a restaurant in a C-1 zoning district (LDC 4.2.41) with Relief from Item F, be APPROVED, SUBJECT to the following Conditions of Approval: Conditions of Approval: 1. All development shall be in accordance with the approved district development plan, including all notes thereon, and with all applicable sections of the Land Development Code (LDC). No further development shall occur on the site without prior review of and approval by the Board of Zoning Adjustment (BOZA). 2. The Conditional Use Permit shall be exercised as proscribed by KRS 100.237 within two years of BOZA approval. If it is not so exercised, the site shall not be used for outdoor alcohol sales and consumption and/or indoor live entertainment for a restaurant in the C-1 zoning district without further review and approval by BOZA. 3. The applicant shall consolidate the subject parcels at 1031, 1035, and 1037 Goss Avenue prior to applying for a building permit. 4. There shall be no dumpster service between 10:00 p.m. and 6 a.m. The motion carried by the following vote: Yes: 4- Young, Turner, Leanhart, and Fishman Absent: 2- Buttorff, and Howard Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary October 1, 2018 A motion was made by Board Member Young, seconded by Board Member Leanhart, that Case Number 18CUP1089, Waiver of all Vehicular Use Area (VUA) landscape buffer area requirements for the property line adjacent to the existing rear alley (LDC 10.2.10), Variance to permit proposed parking to encroach on the required rear yard setback (LDC Table 5.2.2), Variance to permit the proposed building to encroach into the required infill front yard setback (LDC 5.1.12.A.2.a), and Variance to permit the proposed outdoor dining area to encroach into the required infill front yard setback (LDC 5.1.12.A.2.a), be APPROVED. The motion carried by the following vote: Yes: 4- Young, Turner, Leanhart, and Fishman Absent: 2- Buttorff, and Howard 12. 18CUP1080 Request: Conditional Use Permit to allow a private institutional use in an R-5 zoning district Project Name: Saint Xavier High School Callahan Media Center Location: 1609 Poplar Level Road Owner: Saint Xavier High School Applicant: Burgess & Niple Representative: Mason Meredith Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Leanhart, seconded by Board Member Young, that Case Number 18CUP1080, Conditional Use Permit to allow a private institutional use in an R-5 zoning district and Neighborhood Form District with Relief from Item C, 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 private institutional use without further review and approval by the Board. The motion carried by the following vote: Yes: 4- Young, Turner, Leanhart, and Fishman Absent: 2- Buttorff, and Howard Louisville Metro Government Page 8 Board of Zoning Adjustment Action Summary October 1, 2018 13. 18CUP1084 Request: Conditional Use Permit to allow a short term rental Project Name: Szot Short Term Rental Location: 1405 Morton Avenue Owner/Applicant: Lisa and Thomas Szot Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Young, seconded by Board Member Turner, that Case Number 18CUP1084, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the owner in an UN zoning district and Traditional Neighborhood Form District, 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, Turner, Leanhart, and Fishman Absent: 2- Buttorff, and Howard Louisville Metro Government Page 9 Board of Zoning Adjustment Action Summary October 1, 2018 14. 18CUP1044 Request: Conditional Use Permit to allow a self-storage facility within a C-2 District with variances for setback encroachments and landscaping waivers Project Name: Self-Storage Facility Location: 2217 Goldsmith Lane Owner: Alley Storage Investors, LLC. Applicant: Derik Leary, Kimley-Horn Jurisdiction: Louisville Metro Council District: 26 - Brent Ackerson Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Young, seconded by Board Member Turner, that Case Number 18CUP1044, Conditional Use Permit to allow a self-storage facility in a R-4 zoning district with Relief from Item G, Variances to allow proposed encroachments into the east side and rear yard setbacks, and Waivers to reduce the Land Buffer Areas along the east side and rear property lines, 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 self-storage facility without further review and approval by the Board. The motion carried by the following vote: Yes: 4- Young, Turner, Leanhart, and Fishman Absent: 2- Buttorff, and Howard A motion was made by Board Member Young, seconded by Board Member Turner, that Case Number 18CUP1044, Category 3 Review, be APPROVED. The motion carried by the following vote: Yes: 4- Young, Turner, Leanhart, and Fishman Absent: 2- Buttorff, and Howard Louisville Metro Government Page 10 Board of Zoning Adjustment Action Summary October 1, 2018 15. 18CUP1073 Request: Conditional Use Permit to allow a private institutional use in a Single Family Zoning District, variances for the front setback and height, and a sidewalk waiver Project Name: Kingdom Center Church Location: 13913 & 13985 Poplar Lane Owner: James & Margie Charasika Applicant: The Kingdom Center Church Representative: Kelli Jones, Saabak, Wilson & lingo, Inc. Jurisdiction: Louisville Metro Council District: 20 - Stuart Benson Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Howard, seconded by Board Member Turner, that Case Number 18CUP1073, Conditional Use Permit to allow a private institution (church) in a Single Family Zoning District, with Relief from Item C, 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 private institution without further review and approval by the Board. 3. Health Department must approve on-site sewage disposal. 4. Police-managed traffic control on Sundays and Wednesdays a) Sundays. On each Sunday morning from 9:30 AM [i.e., one-half (1/2) hour before services begin] until 12:30 PM [one-half (1/2) hour after services conclude], the Applicant shall, at its own expense, employ at least two (2) off-duty police officers trained in traffic control to facilitate the reasonably prompt movement of (1) vehicles entering and exiting the Church property, and (ii) vehicles otherwise traveling along Poplar Lane. b) Wednesdays. On each Wednesday evening from 6:30 PM [i.e., one-half (1/2) hour before services begin] until 9:30 PM [i.e., one-half (1/2) hour after services conclude], the Applicant shall, at its own expense, employ at least two (2) off-duty police officers trained in traffic control to facilitate the reasonably prompt movement of (1) vehicles entering and exiting the Church property, and (ii) vehicles otherwise traveling along Poplar Lane. c) Change of schedule. In the event the schedule of service(s) set forth above should change, the Applicant shall notify the Louisville Division of Planning and Design Services of the new schedule and the new time of police-managed traffic control which shall begin one-half (1/2) hour before services begin until one-half (1/2) hour after services conclude. Any such notification shall be in Louisville Metro Government Page 11 Board of Zoning Adjustment Action Summary October 1, 2018 writing with a reference to BOZA Case No. 18CUP1073. The motion carried by the following vote: Yes: 5- Young, Turner, Howard, Leanhart, and Fishman Absent: 1- Buttorff A motion was made by Board Member Howard, seconded by Board Member Turner, that Case Number 18CUP1073, Waiver to not install sidewalks along Poplar Lane and Old Poplar Lane (LDC 5.8.1.B), be APPROVED. The motion carried by the following vote: Yes: 5- Young, Turner, Howard, Leanhart, and Fishman Absent: 1- Buttorff A motion was made by Board Member Howard, seconded by Board Member Turner, that Case Number 18CUP1073, Variances to allow the proposed structure to exceed the maximum front yard setback and building height (LDC 5.3.1.C.5), be APPROVED. The motion carried by the following vote: Yes: 5- Young, Turner, Howard, Leanhart, and Fishman Absent: 1- Buttorff 16. BOZA Bylaws Request: Proposed By-law Amendments - for discussion only Case Manager: Chris French, AICP, Planning Supervisor This agenda item was for discussion only; therefore, no vote or action was taken. Adjournment Louisville Metro Government Page 12