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 29, 2018 1:00 PM Old Jail Courtroom Call To Order Present: 5- Board Member Richard Buttorff, Board Member Lester Turner Jr., Board Member Lula Howard, Board Member Kim Leanhart, and Chair Person Rosalind Fishman Absent: 1- Board Member Dwight Young Approval Of Minutes 1. BOZA_Minutes_10.15.18 Approval of the Minutes from the October 15, 2018 Board of Zoning Adjustment meeting. A motion was made by Board Member Turner, seconded by Board Member Buttorff, that the Minutes from the October 15, 2018 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 4- Buttorff, Turner, Leanhart, and Fishman Absent: 1- Young Abstain: 1- Howard Public Hearing 2. 18CUP1068 Request: Conditional Use Permit for short term rental of a dwelling unit that is not the primary residence of the host Project Name: Franklin Street Short Term Rental Location: 815 Franklin Street Owner/Applicant: Michael Stevens Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Howard, seconded by Board Member Buttorff, that Case Number 18CUP1068 be CONTINUED to the November 5, 2018 Board of Zoning Adjustment meeting. The motion carried by the following vote: Yes: 5- Buttorff, Turner, Howard, Leanhart, and Fishman Absent: 1- Young Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary October 29, 2018 3. 18VARIANCE1091 Request: Variance to allow structures to encroach into the required front yard setback Project Name: Meremont Variance Location: 1600 Long Run Road Owner: Boland Maloney Realty Co. Representative: Kathy Linares, Mindel Scott & Associates Inc. Jurisdiction: Louisville Metro Council District: 19 - Julie Denton Case Manager: Zach Schwager, Planner I A motion was made by Board Member Leanhart, seconded by Board Member Howard, that Case Number 18VARIANCE1091, Variance from Land Development Code Table 5.3.1 to allow structures on lots to encroach into the required front yard setback along "Street A", be APPROVED. The motion carried by the following vote: Yes: 4- Turner, Howard, Leanhart, and Fishman Absent: 1- Young Abstain: 1- Buttorff 4. 18VARIANCE1087 Request: Variance to permit side yard encroachment Project Name: Churchill Road Variance Location: 4305 Churchill Road Owner: Alex Edwards Applicant: Distinctive Design Jurisdiction: City of St. Matthews Council District: 9 - Bill Hollander Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Howard, seconded by Board Member Turner, that Case Number 18VARIANCE1087, Variance to permit a structure to encroach into a required side yard and to reduce the total side yard requirement (City of St. Matthews Development Code 4.7.C.2.b) be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Turner, Howard, Leanhart, and Fishman Absent: 1- Young Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary October 29, 2018 5. 18VARIANCE1084 Request: Variance to permit signs to exceed permitted area Project Name: E. Washington Street Variance Location: 1121 E. Washington Street Owner/Applicant: Copper & Kings American Brandy Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Howard, seconded by Board Member Turner, that Case Number 18VARIANCE1084, Variance to permit permanent on-premise attached signs to exceed the permitted size in a Traditional Neighborhood Form District (LDC Table 8.3.2) be APPROVED. The motion carried by the following vote: Yes: 5- Buttorff, Turner, Howard, Leanhart, and Fishman Absent: 1- Young 6. 18CUP1108 Request: Conditional Use Permit for short term rental of a dwelling unit in the TNZD Project Name: S. Brook Street Short Term Rental Location: 1141 S. Brook Street Owner/Host: Hollyhock Rentals LLC 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 18CUP1108, Conditional Use Permit to allow short term rental of a dwelling unit located in 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 the following vote: Yes: 5- Buttorff, Turner, Howard, Leanhart, and Fishman Absent: 1- Young Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary October 29, 2018 7. 18CUP1095 Request: Conditional Use Permit for short term rental of a condominium dwelling unit in the TNZD Project Name: S. 2nd Street Short Term Rental Location: 1204 S. 2nd Street Owner/Applicant: Jarrad Hensley Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Howard, seconded by Board Member Buttorff, that Case Number 18CUP1095, Conditional Use Permit to allow short term rental of a condominium dwelling unit located in 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 the following vote: Yes: 5- Buttorff, Turner, Howard, Leanhart, and Fishman Absent: 1- Young 8. 17CUP1109 Request: Conditional Use Permit for Accessory Apartment with Variance Project Name: Lydia Street Accessory Apartment Location: 1318 Lydia Street Owner: Ryan Daly Applicant/Representative: Mose Putney Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Beth Jones, AICP, Planner II Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary October 29, 2018 A motion was made by Board Member Howard, seconded by Board Member Buttorff, that Case Number 17CUP1109, Conditional Use Permit for an Accessory Apartment (LDC 4.2.3), and Variance to permit the accessory structure to encroach on the required rear yard setback (LDC 5.4.2.C.3.a), 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 an Accessory Apartment without further review and approval by BOZA. 3. The applicant is required to contact Louisville Metro Emergency Services to have a unique address assigned to the accessory apartment. The motion carried by the following vote: Yes: 3- Buttorff, Howard, and Fishman No: 2- Turner, and Leanhart Absent: 1- Young Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary October 29, 2018 9. 18CUP1096 Request: Conditional Use Permit for a rehabilitation home in a C-1 zoning district Project Name: New Hope Recovery Location: 3608 Dixie Highway Owner/Applicant: Jain Holdings, LLC Jurisdiction: Louisville Metro Council District: 3 - Mary Woolridge Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Howard, seconded by Board Member Buttorff, that Case Number 18CUP1096, Conditional Use Permit to allow a rehabilitation home in a C-1 zoning district and Traditional Marketplace Form District, be APPROVED, noting RELIEF from Item D, 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 rehabilitation home without further review and approval by the Board. 3. The maximum number of patient-residents who stay at the rehabilitation home overnight shall be 25. The motion carried by the following vote: Yes: 5- Buttorff, Turner, Howard, Leanhart, and Fishman Absent: 1- Young Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary October 29, 2018 10. 18CUP1100 Request: Conditional Use Permit for short term rental of a dwelling unit in the TNZD Project Name: McMichael Short Term Rental Location: 110 West Ormsby Avenue Owner/Applicant: Jeff and Ann McMichael Jurisdiction: Louisville Metro Council District: 6 - David James Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Leanhart, seconded by Board Member Howard, that Case Number 18CUP1100, 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. The motion carried by the following vote: Yes: 5- Buttorff, Turner, Howard, Leanhart, and Fishman Absent: 1- Young Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary October 29, 2018 11. 18CUP1099 Request: Conditional Use Permit for short term rental of a dwelling unit that is not the primary residence of the host Project Name: Lilly Avenue Short Term Rental Location: 546 Lilly Avenue Owners/Applicants: Gary & Sheila Minrath 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 Leanhart, that Case Number 18CUP1099, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the host in a R-6 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. The maximum number of guests is five, (5). The motion carried by the following vote: Yes: 5- Buttorff, Turner, Howard, Leanhart, and Fishman Absent: 1- Young Louisville Metro Government Page 8 Board of Zoning Adjustment Action Summary October 29, 2018 12. 18CUP1110 Request: Conditional Use Permit for short term rental of a dwelling unit that is not the primary residence of the host Project Name: South Preston Street Short Term Rental Location: 2069 South Preston Street Owner: Anthony Wettig Applicant: Jonathan Klunk, Key Source Properties Jurisdiction: Louisville Metro Council District: 15 - Marianne Butler Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Leanhart, seconded by Board Member Howard, that Case Number 18CUP1110, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the host in a R-5 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. The maximum number of guests is eight, (8). The motion carried by the following vote: Yes: 5- Buttorff, Turner, Howard, Leanhart, and Fishman Absent: 1- Young Adjournment Prior to adjournment, Joe Haberman, Planning & Design Manager, advised the Board Members that the Planning Commission will be considering changes to Short Term Rentals. Mr. Haberman requested any recommendations from the Board Members be sent directly to him. Louisville Metro Government Page 9