Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W Liberty Street Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, December 17, 2018 1:00 PM Old Jail Auditorium Call To Order Present: 7- Board Member Dwight Young, Board Member Richard Buttorff, Board Member Lester Turner Jr., Board Member Lula Howard, Board Member Kim Leanhart, Board Member Lindsey Jagoe, and Chair Person Rosalind Fishman 1. Board_Member_Appt Swearing in of Lindsey Jagoe to serve on the Louisville Metro Board of Zoning Adjustment Lindsey Jagoe took the Oath of Office, and was sworn in by John Carroll, Legal Counsel, as a new Board Member for the Louisville Metro Board of Zoning Adjustment. Approval Of Minutes 2. BOZA_Minutes_12.03.18 Approval of the Minutes from the December 3, 2018 Board of Zoning Adjustment meeting. A motion was made by Board Member Howard, seconded by Board Member Turner, that the Minutes from the December 3, 2018 Board of Zoning Adjustment meeting be APPROVED with a correction to the last paragraph on Page 38 as noted. The motion carried by the following vote: Yes: 5- Buttorff, Turner, Howard, Leanhart, and Fishman Abstain: 2- Young, and Jagoe Public Hearing 3. 18VARIANCE1108 Request: To allow an existing structure to encroach into the required rear yard setback Project Name: Country Club Road Subdivision Location: 627 & 617 Country Club Road Owner: Flippin Sweet Realty LLC Applicant: Megan Quigley Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Molly Clark, Associate Planner Presented: Jay Luckett Planner I A motion was made by Board Member Turner, seconded by Board Member Young, that Case Number 18VARIANCE1108, Variance from Land Development Code Table 5.2.2 to allow a structure to encroach into the required side yard setback, be APPROVED. The motion carried by the following vote: Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary December 17, 2018 Yes: 6- Young, Buttorff, Turner, Leanhart, Jagoe, and Fishman No: 1- Howard 4. 18VARIANCE1104 Request: To allow a freestanding sign to exceed the maximum sign area Project Name: Dixie Highway Sign Variance Location: 10501 Dixie Highway Owner: KPS Holdings, LLC Applicant: Kentucky Signs Jurisdiction: Louisville Metro Council District: 25 - David Yates Case Manager: Chris French, AICP, Planning Supervisor A motion was made by Board Member Leanhart, seconded by Board Member Young, that Case Number 18VARIANCE1104, Variance from Table 8.3.2 Suburban Marketplace Corridor for a freestanding sign to exceed the maximum sign area, be APPROVED. The motion carried by the following vote: Yes: 7- Young, Buttorff, Turner, Howard, Leanhart, Jagoe, and Fishman 5. 18WAIVER1048 Request: Sign authorization for a sign not attached to a building facade Project Name: Michter’s Sign Location: 801 West Main Street Owner: Fort Nelson Real Estate, LLC Applicant: Michter’s Distillery, LLC Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Chris French, AICP, Planning Supervisor A motion was made by Board Member Howard, seconded by Board Member Young, that Case Number 18WAIVER1048, Sign Authorization for a sign not attached to a building facade, be APPROVED. The motion carried by the following vote: Yes: 7- Young, Buttorff, Turner, Howard, Leanhart, Jagoe, and Fishman Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary December 17, 2018 6. 18CUP1126 Request: Conditional Use Permit for a short-term rental of a dwelling unit that is not the primary residence of the host Project Name: Skeen Short Term Rental Location: 1214 Manitau Avenue Owner/Applicant: Luke and Kathryn Skeen Jurisdiction: Louisville Metro Council District: 21 - Vitalis Lanshima Case Manager: Jon E. Crumbie, Planning & Design Coordinator A motion was made by Board Member Young, seconded by Board Member Howard, that Case Number 18CUP1126, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the owner in an 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 shall be limited to the lesser of that which is allowed by Code, or ten (10). 4. Outdoor activities in the rear yard shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. The motion carried by the following vote: Yes: 7- Young, Buttorff, Turner, Howard, Leanhart, Jagoe, and Fishman Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary December 17, 2018 7. 18CUP1117 Request: Conditional Use Permit for a short term rental of a dwelling unit that is not the primary residence of the host Project Name: North Barbee Way Short Term Rental Location: 724 North Barbee Way Owner/Applicant: Feather Properties, LLC Host: Brooke Feather Jurisdiction: Louisville Metro Council District: 15-Marianne Butler Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Young, seconded by Board Member Leanhart, that Case Number 18CUP1117, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the host in an R-5 zoning district and Traditional Neighborhood Form Distrcit, 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 shall be limited to the lesser of that which is allowed by Code, or ten (10). The motion carried by the following vote: Yes: 7- Young, Buttorff, Turner, Howard, Leanhart, Jagoe, and Fishman Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary December 17, 2018 8. 18CUP1131 Request: Conditional Use Permit for a short term rental of a dwelling unit that is not the primary residence of the host Project Name: Regina Avenue Short Term Rental Location: 4261Regina Avenue Owner/Applicant: John Carli Jurisdiction: Louisville Metro Council District: 10-Pat Mulvihill Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Young, seconded by Board Member Turner, that Case Number 18CUP1131, Conditional Use Permit to allow short term rental of a dwelling unit that is not the primary residence of the host in an R-4 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: 7- Young, Buttorff, Turner, Howard, Leanhart, Jagoe, and Fishman Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary December 17, 2018 9. 18CUP1135 Request: Conditional Use Permit for a Private Institutional Use in a Single Family Zoning District Project Name: Garage Location: 5708 Preston Highway Owner: Bethlehem Baptist Church Applicant: J.C. Taliaferro Jurisdiction: Louisville Metro Council District: 21-Vitalis Lanshima Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Howard, seconded by Board Member Leanhart, that Case Number 18CUP1135, Conditional Use Permit to allow a Private Institutional Use in a Single Family Zoning District, Land Development Code 4.2.65 (garage for church), 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 garage without further review and approval by the Board. The motion carried by the following vote: Yes: 7- Young, Buttorff, Turner, Howard, Leanhart, Jagoe, and Fishman Louisville Metro Government Page 6 Board of Zoning Adjustment Action Summary December 17, 2018 10. 18CUP1105 Request: Conditional Use Permit for a short term rental of a dwelling unit that is not the primary residence of the host Project Name: Carlton Terrace Short Term Rental Location: 2308 Carlton Terrace Owner/Applicant: Barbara Jones Host: James Wallace Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Beth Jones, AICP, Planner II NOTE: Board Member Turner left at approximately 4:00 p.m. A motion was made by Board Member Young, seconded by Board Member Howard, that Case Number 18CUP1105, 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. 3. The maximum number of guests shall be limited to the lesser of that which is allowed by Code, or six (6). 4. The applicant shall provide no less than three off-street parking spaces for guests, and the applicant shall advertise that no more than three vehicles shall be brought to the property by guests. The motion carried by the following vote: Yes: 6- Young, Buttorff, Howard, Leanhart, Jagoe, and Fishman Absent: 1- Turner Louisville Metro Government Page 7 Board of Zoning Adjustment Action Summary December 17, 2018 11. 18CUP1114 Request: Conditional Use Permit for a short term rental of a dwelling unit that is not the primary residence of the host Project Name: Stevens Avenue Short Term Rental Location: 1843 Stevens Avenue Owner/Applicant: Michelle Pisa Host: James Wallace Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Beth Jones, AICP, Planner II NOTE: Board Member Buttorff left at approximately 4:30 p.m. A motion was made by Board Member Leanhart, seconded by Board Member Young, that Case Number 18CUP1114, 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. 3. The maximum number of guests shall be limited to the lesser of that which is allowed by Code, or eight (8). 4. The applicant shall provide no less than 2-3 off-street parking spaces. The motion carried by the following vote: Yes: 5- Young, Howard, Leanhart, Jagoe, and Fishman Absent: 2- Buttorff, and Turner Louisville Metro Government Page 8 Board of Zoning Adjustment Action Summary December 17, 2018 12. 18CUP1070 Request: Modified Conditional Use Permit for Off-Street Parking with waivers Project Name: Modification Location: 2208 & 2210 Beargrass Avenue Owner: Cardinal One Properties Applicant: Bruce Mattingly Jurisdiction: Louisville Metro Council District: 10-Pat Mulvihill Case Manager: Steve Hendrix, Planning and Design Coordinator A motion was made by Board Member Howard, seconded by Board Member Young, that Case Number 18CUP1070, Modified Conditional Use Permit to allow an off-street parking area in an R-5 zoning district, be DENIED. The motion carried by the following vote: Yes: 5- Young, Howard, Leanhart, Jagoe, and Fishman Absent: 2- Buttorff, and Turner A motion was made by Board Member Howard, seconded by Board Member Young, that Case Number 18CUP1070, Waiver to reduce the required 25 foot landscape buffer along the north and west property lines (Land Development Code 10.2.4.A), be DENIED. The motion carried by the following vote: Yes: 5- Young, Howard, Leanhart, Jagoe, and Fishman Absent: 2- Buttorff, and Turner 13. 18CUP1052 Request: THIS CASE WILL NOT BE HEARD BEFORE 3:00 P.M. Conditional Use Permit for a short term rental of a dwelling unit that is not the primary residence of the host Project Name: Eastover Court Short Term Rental Location: 15 Eastover Court Owner/Applicant/Host: Jason Benham Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Beth Jones, AICP, Planner II NOTE: Board Member Young left at approximately 6:00 p.m. A motion was made by Board Member Howard, seconded by Board Member Leanhart, that Case Number 18CUP1052, Conditional Use Permit to allow short term rental of a dwelling unit not the primary residence of the host (LDC 4.2.63), be DENIED. The motion carried by the following vote: Yes: 4- Howard, Leanhart, Jagoe, and Fishman Absent: 3- Young, Buttorff, and Turner Louisville Metro Government Page 9 Board of Zoning Adjustment Action Summary December 17, 2018 14. 18CUP1113 Request: Conditional Use Permit for Mini-Warehouse Project Name: Bardstown Road Mini-Warehouse Location: 4401 Bardstown Road Owner: Salt River Investment LLC Applicant: Sterling Development LLC Representative: Mindel Scott Jurisdiction: Louisville Metro Council District: 2 - Barbara Shanklin Case Manager: Beth Jones, AICP, Planner II NOTE: This case was taken out of order, prior to Item #3 on the Agenda. A motion was made by Board Member Howard, seconded by Board Member Buttorff, that Case Number 18CUP1113, Conditional Use Permit for mini-warehouses (LDC 4.2.35), be CONTINUED to the January 7, 2019 Board of Zoning Adjustment meeting. The motion carried by the following vote: Yes: 7- Young, Buttorff, Turner, Howard, Leanhart, Jagoe, and Fishman Adjournment Prior to adjournment, Joe Haberman, Planning & Design Manager, reminded the Board Members to submit their Continued Education forms. Louisville Metro Government Page 10