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 15, 2018 1:00 PM Old Jail Auditorium Call To Order NOTE: Member Howard left at approximately 4:15 p.m. Present: 6- Board Member Dwight Young, Board Member Richard Buttorff, Board Member Lester Turner Jr., Board Member Lula Howard, Board Member Kim Leanhart, and Chair Person Rosalind Fishman Approval Of Minutes 1. BOZA_Minutes_10.01.18 Approval of the Minutes from the October 1, 2018 Board of Zoning Adjustment meeting. A motion was made by Board Member Howard, seconded by Board Member Young, that the Minutes from the October 1, 2018 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 5- Young, Turner, Howard, Leanhart, and Fishman Abstain: 1- Buttorff Public Hearing 2. 18NONCONFORM1028 Request: A change in nonconforming use from a pool supply company to multi-family residential Project Name: Franklin Street Change in Nonconforming Use Location: 935 Franklin Street Owner/Applicant: Hilltech Properties, LLC Representative: Cliff Ashburner, Dinsmore & Shohl, LLP Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Chris French, Planning Supervisor A motion was made by Board Member Howard, seconded by Board Member Buttorff, that Case Number 18NONCONFORM1028, Change in Nonconforming Use, be APPROVED. The motion carried by the following vote: Yes: 4- Buttorff, Howard, Leanhart, and Fishman No: 2- Young, and Turner Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary October 15, 2018 3. 18DEVPLAN1129 Request: Variance to allow a dumpster to encroach into the required non-residential-to-residential setback Project Name: Brownsboro Road Plaza Variance Location: 10000 Brownsboro Road Owner/Applicant: Hogan Holdings 42 LLC Representative: Land Design & Development Jurisdiction: Louisville Metro Council District: 17 - Glen Stuckel Case Manager: Dante St. Germain, Planner II A motion was made by Board Member Turner, seconded by Board Member Buttorff, that Case Number 18DEVPLAN1129, Variance from Land Development Code Section 5.5.5 to allow a dumpster to encroach into the required 50-foot non-residential rear yard setback, be APPROVED. The motion carried by the following vote: Yes: 5- Young, Buttorff, Turner, Leanhart, and Fishman Absent: 1- Howard 4. 18DEVPLAN1001 Request: Variances to allow the proposed building to exceed the corner setback, encroach into the rear yard setback, and the dumpster to encroach into the side yard setback and parking and landscape waivers Project Name: Dixie Highway Variances and Waivers Location: 3611 Dixie Highway Owner/Applicant: Amrinderjit Singh Representative: Chris Brown, BTM Engineering Inc. Jurisdiction: City of Shively Council District: 3 - Mary C. Woolridge Case Manager: Zach Schwager, Planner I A motion was made by Board Member Young, seconded by Board Member Leanhart, that Case Number 18DEVPLAN1001, Variance #1 from City of Shively Land Development Code Section 5.2.3.D.3.d to allow a reduction in the required 15 ft. rear yard setback to five ft., Variance #2 from City of Shively Land Development Code Section 5.2.3.D.3.b to allow dumpster and pavement to encroach into the required 5 ft. side yard setback, and Variance #3 from City of Shively Land Development Code Section 5.5.1.A.2 to allow the proposed building to exceed the required zero ft. corner setback, be APPROVED. The motion carried by the following vote: Yes: 4- Young, Turner, Leanhart, and Fishman No: 1- Buttorff Absent: 1- Howard Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary October 15, 2018 A motion was made by Board Member Young, seconded by Board Member Turner, that Case Number 18DEVPLAN1001, Waiver #1 from City of Shively Land Development Code Section 5.5.1.A.5 to allow a gas canopy and drive aisles to be located between the street and primary structure, Waiver #2 from City of Shively Land Development Code Section 5.5.1.A.3.a to allow parking to be in front of the proposed building along Dixie Highway and Luken Drive, and Waiver #4 from City of Shively Land Development Code Section 10.2.4.B to allow overlap of required landscape buffer area and utility easements by more than 50%, be RECOMMENDED FOR APPROVAL to the City of Shively. The motion carried by the following vote: Yes: 4- Young, Turner, Leanhart, and Fishman No: 1- Buttorff Absent: 1- Howard A motion was made by Board Member Young, seconded by Board Member Turner, that Case Number 18DEVPLAN1001, Waiver #3 from City of Shively Land Development Code Section 10.2.4 to reduce the required rear landscape buffer area from 15 ft. to 5 ft., and eliminate the required plantings in the existing 15 ft. sanitary sewer and drainage easements along the rear of the proposed building, and Waiver #5 from City of Shively Land Development Code Section 10.2.9 to omit the required 5 ft. vehicular use area landscape buffer area along the south property line adjacent to residential use and along the north property line between the vehicular use area and a roadway (Luken Drive), be RECOMMENDED FOR APPROVAL to the City of Shively, SUBJECT to the following Condition of Approval: Condition of Approval: 1. A total of 6 ft. of privacy fencing, including the height of the retaining wall, shall be provided along the south property line to within 5 ft. of the last pole of the current chain link fence, and the east property line to the 5 ft. section of the rear LBA. The motion carried by the following vote: Yes: 4- Young, Turner, Leanhart, and Fishman No: 1- Buttorff Absent: 1- Howard Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary October 15, 2018 5. 18VARIANCE1083 Request: Variance to allow a proposed addition to encroach into the required east side yard setback Project Name: East Washington Street Addition Location: 917 East Washington Street Owner: Anne Marie Bauscher Applicant: Charlie Williams, Charlie Williams Design Inc. Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Turner, seconded by Board Member Buttorff, that Case Number 18VARIANCE1083, Variance from Land Development Code Section 5.2.2.C.2 to allow a proposed one story addition to encroach into the east side yard setback, be APPROVED. The motion carried by the following vote: Yes: 5- Young, Buttorff, Turner, Leanhart, and Fishman Absent: 1- Howard 6. 18VARIANCE1089 Request: Variance to allow a proposed fence to exceed the maximum height in the street side yard setback Project Name: South Barbee Way Fence Height Location: 728 South Barbee Way Owner/Applicant: Michael Clancey Jurisdiction: Louisville Metro Council District: 15 - Marianne Butler Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Buttorff, seconded by Board Member Young, that Case Number 18VARIANCE1089, Variance from Land Development Code Chapter 4.4.3.A.1.a.i to allow a proposed seven (7) foot wooden privacy fence with a one (1) foot lattice top in the street side yard (Shelby Street), be APPROVED. The motion carried by the following vote: Yes: 4- Young, Buttorff, Turner, and Fishman No: 1- Leanhart Absent: 1- Howard Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary October 15, 2018 7. 18VARIANCE1088 Request: Variance to allow a proposed detached structure to encroach into the required side and rear yards Project Name: Dean Parking and Storage Area Location: 1122 Ellison Avenue Owner/Applicant: Garrett Dean Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Young, seconded by Board Member Leanhart, that Case Number 18VARIANCE1088, Variance from Land Development Code Table 5.2.2 to allow a proposed structure to encroach into the required side yard setback, and Variance from Land Development Code Table 5.2.2 to allow a proposed structure to encroach into the required rear yard setback, be APPROVED. The motion carried by the following vote: Yes: 5- Young, Buttorff, Turner, Leanhart, and Fishman Absent: 1- Howard Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary October 15, 2018 8. 18CUP1076 Request: Conditional Use Permit to allow a short term rental of a dwelling unit 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: Jonathan Klunk Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Steve Hendrix, Planning and Design Coordinator NOTE: This Case was heard out of order, prior to Item #3 on the Agenda. A motion was made by Board Member Young, seconded by Board Member Turner, that Case Number 18CUP1076, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the host 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. 3. Quiet time starts at 10:00 p.m. nightly; there shall be no outside noise, music, or conversation after this time until 7:00 a.m. 4. The maximum number of guests is six, (6). The motion carried by the following vote: Yes: 6- Young, Buttorff, Turner, Howard, Leanhart, and Fishman Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary October 15, 2018 9. 18CUP1094 Request: Conditional Use Permit to allow a short term rental in the TNZD Project Name: Hoffman Short Term Rental Location: 1106 S. 3rd Street Owner/Applicant: Cortney Hoffman Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Jon E. Crumbie, Planning & Design Coordinator NOTE: This Case was heard out of order, prior to Item #2 on the Agenda. A motion was made by Board Member Howard, seconded by Board Member Leanhart, that Case Number 18CUP1094, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the owner in the TNZD 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. 3. The main level shall be limited to a maximum of six guests, and the upstairs level shall be limited to a maximum of eight guests. The motion carried by the following vote: Yes: 5- Young, Buttorff, Howard, Leanhart, and Fishman No: 1- Turner 10. 18CUP1081 Request: Conditional Use Permit to allow short term rental of a dwelling unit in the TNZD Project Name: S. 2nd Street Short-Term Rental Location: 1208 S. 2nd Street Applicant/Representative: Idea’s Abyss 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 18CUP1081 be DEFERRED to the November 5, 2018 Board of Zoning Adjustment meeting because the applicant was not present at this time. The motion carried by the following vote: Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary October 15, 2018 Yes: 5- Young, Buttorff, Turner, Leanhart, and Fishman Absent: 1- Howard NOTE: The applicant arrived, and the Board Members, by general consensus, agreed to WITHDRAW the motion to DEFER this case, and this case was heard today. A motion was made by Board Member Buttorff, seconded by Board Member Leanhart, that Case Number 18CUP1081, Conditional Use Permit to allow short term rental of a dwelling unit located within 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: 5- Young, Buttorff, Turner, Leanhart, and Fishman Absent: 1- Howard 11. 18CUP1103 Request: Conditional Use Permit to allow a short term rental in the R-5A zoning district Project Name: David Short Term Rental Location: 201 S. Birchwood Avenue Owner/Applicant: Chris David Jurisdiction: Louisville Metro 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 Buttorff, that Case Number 18CUP1103, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the owner in R-5A zoning district and Traditional Neighborhood Form District, be DENIED. The motion carried by the following vote: Yes: 5- Young, Buttorff, Turner, Leanhart, and Fishman Absent: 1- Howard Adjournment Louisville Metro Government Page 8