Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W Liberty Street Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, November 5, 2018 1:00 PM Old Jail Auditorium Call To Order Present: 5- Board Member Dwight Young, Board Member Richard Buttorff, Board Member Lester Turner Jr., Board Member Lula Howard, and Board Member Kim Leanhart Absent: 1- Chair Person Rosalind Fishman Approval Of Minutes 1. BOZA_Minutes_10.29.18 Approval of the Minutes from the October 29, 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 29, 2018 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 4- Buttorff, Turner, Howard, and Leanhart Absent: 1- Fishman Abstain: 1- Young Old Business 2. 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 Leanhart, seconded by Board Member Howard, that Case Number 18APPEAL1001 be CONTINUED to the December 3, 2018 Board of Zoning Adjustment meeting. The motion carried by the following vote: Yes: 5- Young, Buttorff, Turner, Howard, and Leanhart Absent: 1- Fishman Public Hearing Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary November 5, 2018 3. 18VARIANCE1092 Request: Variance to allow a structure to encroach into the required street side yard setback Project Name: Colonial Drive Variance Location: 200 Colonial Drive Owner: Melissa Shaber and Karen Hitchcock Representative: Mike Romage, Unlimited Home Improvements Jurisdiction: City of St. Matthews Council District: 9 - Bill Hollander Case Manager: Zach Schwager, Planner I A motion was made by Board Member Howard, seconded by Board Member Turner, that Case Number 18VARIANCE1092, Variance from City of St. Matthews Development Code Section 9.2.C to allow a structure to encroach into the required street side yard setback, be DENIED. The motion carried by the following vote: Yes: 5- Young, Buttorff, Turner, Howard, and Leanhart Absent: 1- Fishman 4. 18VARIANCE1093 Request: Variance to allow structures to encroach into the required front yard setback Project Name: Smyrna Parkway Variance Location: 7905 & 7913 Smyrna Parkway and 7900 Oliver Huff Road Owner: The Believers Church Inc. Representative: Nick Pregliasco, Bardenwerper Talbott & Roberts, PLLC Jurisdiction: Louisville Metro Council District: 23 - James Peden Case Manager: Zach Schwager, Planner I A motion was made by Board Member Turner, seconded by Board Member Buttorff, that Case Number 18VARIANCE1093, Variance from Land Development Code Table 5.3.1 to allow structures on lots (1-6) to encroach into the required front yard setback along "Street A", be APPROVED, SUBJECT to the following Condition of Approval: Condition of Approval: 1. The applicant shall work with Transportation Planning to meet the 25' setback parking requirement. The motion carried by the following vote: Yes: 5- Young, Buttorff, Turner, Howard, and Leanhart Absent: 1- Fishman Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary November 5, 2018 5. 18VARIANCE1097 Request: Front Yard Variance Project Name: Altawood Variance Location: 4109 Altawood Ct Owner/Applicant: Rick Just Jurisdiction: Louisville Metro Council District: 17 - Glen Stuckel Case Manager: Jay Luckett, Planner I A motion was made by Board Member Howard, seconded by Board Member Turner, that Case Number 18VARIANCE1097, Variance to reduce a 100 ft. front yard setback to 80 ft., be APPROVED. The motion carried by the following vote: Yes: 5- Young, Buttorff, Turner, Howard, and Leanhart Absent: 1- Fishman 6. 18DEVPLAN1111 Request: Cat 3 Development Plan with Variances and Waivers Project Name: Beecher Terrace Phase 2 Location: 1000 W Jefferson St Owner: Louisville Metro Housing Authority Representative: Missy Legel, Civil Design Inc. Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Jay Luckett, Planner I A motion was made by Board Member Howard, seconded by Board Member Leanhart, that Case Number 18DEVPLAN1111, Variance from Land Development Code Section 5.2.1.C.3 to allow a setback of 30 ft. from the proposed W. Liberty St. to exceed the required 15 ft. maximum setback for Building 12 as shown on the development plan, Variance from Land Development Code Section 5.2.1.C.6 to allow structures on a corner lot within the Downtown form district to exceed the 0 ft. maximum setback within 50 ft. of an intersection; applicable on all corners, variance up to 30 ft. as shown on the development plan, and Variance from Land Development Code Sections 5.2.1.C.1 and 5.2.2 to allow residential single-family homes on C-2 zoned property in the Downtown form district to have a 0 ft. minimum setback rather than the required 15 ft; applicable to tracts 5-14 as shown on the development plan, be APPROVED. The motion carried by the following vote: Yes: 5- Young, Buttorff, Turner, Howard, and Leanhart Absent: 1- Fishman Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary November 5, 2018 A motion was made by Board Member Howard, seconded by Board Member Leanhart, that Case Number 18DEVPLAN1111, Waiver from Land Development Code Section 5.2.1.C.2 to not maintain a minimum 3-story street wall along all frontages within the development, and Waiver from Land Development Code Section 5.8.1.C.1.b to not provide sidewalks at least 84 inches wide in the Downtown form district; applicable to all sidewalks within the development, be APPROVED. The motion carried by the following vote: Yes: 5- Young, Buttorff, Turner, Howard, and Leanhart Absent: 1- Fishman A motion was made by Board Member Howard, seconded by Board Member Buttorff, that Case Number 18DEVPLAN1111, Category 3 Development Plan, be APPROVED. The motion carried by the following vote: Yes: 5- Young, Buttorff, Turner, Howard, and Leanhart Absent: 1- Fishman 7. 18DEVPLAN1138 Request: Category 2B Development Plan with associated variances and waiver Project Name: Speedway Location: 4239 Poplar Level Road Owner/Applicant: Rob Sweet Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Jay Luckett, Planner I A motion was made by Board Member Howard, seconded by Board Member Leanhart, that Case Number 18DEVPLAN1138, Variance from Land Development Code Section 8.3.3.10.a.i to allow a sign to exceed the 165 sq. ft. maximum area by 15 sq. ft. and to exceed the 24 ft. maximum height by 6 ft., and Variance from Land Development Code Section 5.3.4.D.3.a to allow encroachment up to 10 ft. into required 25 ft. street side yard setback, be APPROVED. The motion carried by the following vote: Yes: 4- Young, Turner, Howard, and Leanhart No: 1- Buttorff Absent: 1- Fishman Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary November 5, 2018 A motion was made by Board Member Howard, seconded by Board Member Leanhart, that Case Number 18DEVPLAN1138, Waiver from Land Development Code Section 5.6.1.B to allow primary facades to have less than 60% of the horizontal length consist of animating features, Waiver from Land Development Code Section 5.6.1.C to allow buildings to allow less than 50% of wall surface be windows at street level, and Waiver from Land Development Code Section 5.9.2.A.1.b.ii to not provide for vehicular connection to the adjacent site, be APPROVED, SUBJECT to the following Condition of Approval: Condition of Approval: 1. The applicant shall place faux windows on the right elevation, to be reviewed by staff for compliance. The motion carried by the following vote: Yes: 4- Young, Turner, Howard, and Leanhart No: 1- Buttorff Absent: 1- Fishman Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary November 5, 2018 8. 18CUP1112 Request: Conditional Use Permit for a short-term rental of a dwelling unit that is not the primary residence of the host Project Name: Bopp Short Term Rental Location: 609 Rubel Avenue Owner: Laura Bopp Applicant: Jonathan Klunk Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Buttorff, seconded by Board Member Howard, that Case Number 18CUP1112, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the owner in 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 guest shall be limited to four (4). 4. Prior to the operation of the rental unit as a Short Term Rental, two parking spaces shall be provided at the rear of the lot. The motion carried by the following vote: Yes: 4- Young, Buttorff, Turner, and Howard No: 1- Leanhart Absent: 1- Fishman Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary November 5, 2018 9. 18CUP1107 Request: Conditional Use Permit for a short-term rental of a dwelling unit that is not the primary residence of the host Project Name: Brown Short Term Rental Location: 1919 Maplewood Place Owner/Applicant: Ashley & Paul Brown Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Buttorff, seconded by Board Member Turner, that Case Number 18CUP1107, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the owner in 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 applicant shall provide a maximum of two on-site parking spaces. 4. The maximum number of guests shall be limited to eight (8). The motion carried by the following vote: Yes: 3- Young, Buttorff, and Turner No: 2- Howard, and Leanhart Absent: 1- Fishman Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary November 5, 2018 10. 18CUP1111 Request: Conditional Use Permit for a short-term rental of a duplex that is not the primary residence of the host Project Name: Gugliotta Short Term Rental Location: 2026 Baringer Avenue Owner/Applicant: Sonya and Frank Gugliotta Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Leanhart, seconded by Board Member Buttorff, that Case Number 18CUP1111, Conditional Use Permit to allow short term rental of a duplex that is not the primary residence of the owner in R-5B 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: 5- Young, Buttorff, Turner, Howard, and Leanhart Absent: 1- Fishman Louisville Metro Government Page 8 Board of Zoning Adjustment Action Summary November 5, 2018 11. 18CUP1102 Request: Conditional Use Permit for short term rental of a dwelling unit that is not the primary residence of the host Project Name: Christy Avenue Short Term Rental Location: 1408 Christy Avenue Owner/Applicant: Linda Sparrow Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Howard, seconded by Board Member Buttorff, that Case Number 18CUP1102, Conditional Use Permit to allow short term rental of a dwelling unit 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, Buttorff, Turner, Howard, and Leanhart Absent: 1- Fishman Louisville Metro Government Page 9 Board of Zoning Adjustment Action Summary November 5, 2018 12. 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 Leanhart, seconded by Board Member Howard, that Case Number 18CUP1068, Conditional Use Permit to allow short term rental of an R-6 dwelling unit 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, Buttorff, Turner, Howard, and Leanhart Absent: 1- Fishman Adjournment Louisville Metro Government Page 10